Orange County NC Website
<br />from Spence and Lyn Dickinson for a planned development rezoning and <br />Class A Special Use Permit for 35.21 acres of land located west of Mill <br />House Road in Chapel Hill Township. .The Planning Soard found the <br />applicant not to be in compliance in the case of three specific <br />standards. They have recommended approval of the planned development <br />rezoning and issuance of a Class A Special Use Permit with the attachment <br />to specific standards. <br />Motion was made by Chair Willhoit, seconded by Commissioner <br />Marshall that a finding of fact was made in which the Board concurred <br />with the Planning Board finding of fact and that the three negative <br />findings of fact are .mitigated by the imposed conditions: <br />(1) Article 8.2.4a negative finding is addressed by conditions 8 <br />and 9; <br />(2) Article 7.14.3c negative finding is addressed by condition 6 <br />and, <br />(3) Article 7.14.3e negative finding is addressed by condition 7. <br />VOTE: UNANIMOUS. <br />Motion was made by Commissioner Marshall, seconded by <br />Commissioner Carey that a preponderance of evidence indicates compliance <br />with the general standards, specific rules governing the specific use, <br />and that the use complies with all required regulations and standards; it <br />has not been found by the Board in any specific manner that: <br />1. The use will not promote the public health, safety and <br />general welfare if located where proposed and developed and <br />operated according to the plan as submitted; <br />2. The use will not maintain or enhance the value of contiguous <br />property; <br />3. The use is not in compliance with the general plans for the <br />physical development of the county as embodied in these <br />regulations or in the Comprehensive Plan, or portion thereof, <br />adopted by the orange County Board of Commissioners. <br />VOTE: UNANIMOUS. <br />Motion was made by Commissioner Lloyd, seconded by Commissioner <br />Carey to approve the rezoning of the Dickinson property from R1- <br />Residential to PD-H-R1 (35.21 Acres) as specified in the application and <br />to approve the issuance of a Class A Special Use Permit for the proposed <br />Heartwood at Blackwood Mountain Development subject to the 20 conditions <br />recommended by the Planning Board. <br />VOTE: UNANIMOUS. <br />THE CONDITIONS ARE LISTED BELOW: <br />1. The grantee of this Special Use Permit shall post with Orange County, <br />in a form acceptable to the County Attorney, a bond or letter of <br />credit in an amount equal to the cost of all improvements (roads, <br />utilities, pedestrian walkways) plus 10~. The amount shall be determined <br />on the basis of full executed construction contracts or certification by <br />a registered engineer employed by the grantee of this Special Permit. <br />Security for construction of the improvements in this project may follow <br />phasing in the project. Specifically, as improvements are completed in <br />each phase a corresponding amount of money may be released from the <br />security instruments or the security instruments may be renegotiated <br />based on the "yet to do" portion of the improvements. <br />2. Security shall be provided for the grading, paving and stabilization <br />of all cleared areas, streets and other vehicular travelways; pedestrian <br />walkways; erection of street signs; utilities installation and hookup; <br />recreational facilities; and landscaping. <br />