Orange County NC Website
17 <br />Comment: Land Use Management Ordinance Section 5.9.6 requires that at least 35 percent of <br />the parlang area surface be shaded on noon on August 21 when the vegetation matures. The <br />applicant will be required to demonstrate compliance with this regulation during final plan <br />review. <br />7. Genestu Drive Improvements: At the Zoning Atlas Amendment Public Hearing, a citizen <br />requested information regarding improvements for Genestu Drive. <br />Comment: Genestu Drive is a private access easement providing access to several properties <br />located to the south of the proposed Orange County Animal Services Facility. Initially, the <br />applicant was .proposing to use Genestu Drive to access a portion of the site. However, the <br />applicant has revised the site plan and is not proposing to provide any access from Genestu <br />Drive. We are not recommending any improvements to Genestu Drive. <br />EVALUATION OF THE APPLICATION <br />The standard for review and approval of a Special Use Permit application involves consideration <br />of four findings of fact that the Council must consider for granting a Special Use Permit. Based <br />on the evidence that is accumulated during the Public Hearing, the Council will consider whether <br />it can make each of the four required findings for the approval of a Special Use Permit. If, after <br />consideration of the evidence submitted at the Public Hearing, the Council decides that it can <br />make each of the four findings, the Land Use Management Ordinance directs that the Special <br />Use Permit shall then be approved. If the Council decides that the evidence does not support <br />making one or more of the findings, then the application cannot be approved and, accordingly, <br />should be denied by the Council <br />Tonight, based on the evidence in the record thus far, we provide the following evaluation of this <br />application based on the four findings of facts that the Council must consider for granting a <br />Special Use Permit. We believe the evidence in the record to date can be summarized as <br />follows: <br />Finding 41: That the use or development is located, designed, and proposed to be operated <br />so as to maintain or promote the public health, safety, and general welfare. <br />Evidence in support: Evidence in support of this finding includes the following point from the <br />applicant's Statement of Justification: <br />"The proposed building will house all functions under one roof, providing greater efficiency, <br />improved oversight and additional space to deal with an animal population that grows <br />steadily along with the county's people population." [Applicant's Statement] <br />Evidence in opposition: We have not identified any evidence offered in opposition to Finding <br />#l. <br />Finding #2: That the use or development complies with all required regulations and <br />standards of the Land Use Management Ordinance, including all applicable provisions of <br />