Orange County NC Website
Browse       Search
7 <br /> Commissioner Gordon: I guess the other thing is, I don't know exactly how the 15 <br /> conditions relate to the findings. <br /> Geof Gledhill: How many of the conditions are necessary in order to make positive <br /> findings, I think the staff can answer that. <br /> Chair Jacobs: It would seem that we probably should approve or address the findings <br /> of fact because the conditions relate to the findings of fact. If someone wants to address a <br /> specific finding of fact, we could do that, or if you want to address the findings of fact in total, <br /> we could do that. There was a question about which of the conditions address necessary <br /> findings. <br /> Michael Harvey went through each condition on page 35: <br /> 1. There is a condition addressing a requirement for all special use permits that will be <br /> mitigated as best they can. Specifically, under#1, we're requiring a 30-foot buffer to try to <br /> eliminate the off-site impacts, the visual obstructions, we've recommended that condition <br /> be adopted in terms of adhering to one of the findings as part of the special use permit. <br /> 2. There is a required finding that the applicant show proof that the proposed development <br /> can be serviced through the existing services (i.e., police, fire, rescue services). Condition <br /> 2 specifically relates to that finding in that you have memorandum from the Fire Marshall <br /> and the Caldwell Volunteer Fire Department indicating they can provide service, however, <br /> there needs to be some specific addition made to the provision in this case of an <br /> alternative water source. This condition, #2, specifically speaks to that requirement. <br /> 3. Condition #3 is the same burden on the applicant that they have to prove that they can <br /> provide service. In this case, if there's adequate waste water and well facilities for the <br /> property to support the proposed use. There are required Health Department permits <br /> within 180 days in order to justify or prove that the facility can be supported. There is a <br /> memorandum from the Environmental Health division indicating that they believe service <br /> can be provided, however, the proposed septic system on the original site plan was of <br /> insufficient size and they recommended they go through the formal application process. <br /> So we have placed a condition to ensure that they comply with the required finding within <br /> this document. <br /> 4. This is simply that they obtain a zoning and/or building permit within 180 days. That's not <br /> an essential finding that has to be done for the SUP process, it's just so that the SUP does <br /> not linger and that goes to the normal two conditions which we impose — conditions 14 and <br /> 15 deal with invalidation of the special use permit for failure to comply with the standards <br /> detailed herein or failure to get a permit. <br /> 5. Soil erosion and grading, there is a requirement under the findings that they take all <br /> measures to preserve to the greatest extent possible the natural topography of the <br /> property. This condition essentially requires that they obtain the necessary grading and <br /> erosion control permit and that they adhere to all accepted State requirements in <br /> addressing soil erosion and grading of the property. <br /> 6. The applicant, as part of their building permit application, submission shall include <br /> documentation from the State indicating that the schools received any and all necessary <br /> certifications allowing them to operate as a private school and that the curriculum has been <br /> certified as meeting any and all local, State, and Federal requirements. This is not <br /> necessarily a condition as detailed within Section 8.8.30. However, if they are going to be <br /> operating as a private school, both the staff and the Planning Board recommended that a <br /> condition be imposed indicating that they will operate as a private school with an approved <br /> curriculum as part of this special use permit process. <br />