Orange County NC Website
• NOTE: If the public hearing is closed additional testimony from staff, the general <br /> public, and the applicant will not be allowed. If the BOCC requires additional time to <br /> deliberate and ask questions, staff would recommend that the public hearing be <br /> adjourned to a date/time certain for additional review. <br /> RECOMMENDATION: <br /> 1. Receive the Planning Board recommendation, <br /> 2. Deliberate further on the application, <br /> 3. Close the public hearing, <br /> 4. Review and approve the Resolution of Rezoning Approval contained within Attachment <br /> 7 of the abstract, <br /> 5. Review and approve the Special Use Permit contained within Attachment 9 of the <br /> abstract, including the imposition of recommended conditions, and <br /> 6. Approve the Conditional Use Application <br /> Michael Harvey: I would like the Board to enter into the record all of the items of this abstract, <br /> all of the attachments, the revised site plan, which was delivered to you last week, as this is <br /> the basis for partially making your decision. The applicant is here this evening and will be able <br /> to answer any questions you may have. I am obviously here to answer any questions you may <br /> have, as is the County Attorney. <br /> Once you close the public hearing, Planning staff and the applicant are not to be allowed to <br /> address this Board. If this Board takes action to deny this request, then you move to adopt a <br /> resolution that we provided in Attachment 8. There are findings included indicating that the <br /> applicant has not met their burden and establishment of facts indicating that the project is <br /> consistent with the comprehensive plan. You will deny the special use permit in one single <br /> motion, based on the fact that the rezoning has been rejected and therefore they have not met <br /> their burden. The final act will be to deny the conditional use permit application as submitted. <br /> It should be noted that the Board could table this application and allow for additional <br /> discussion. The point I want to bring up to you at this juncture is that, if the public hearing is <br /> closed, additional testimony from staff, the general public, and the applicant will not be <br /> allowed. So if it is your intention to table this application, I would suggest that you adjourn the <br /> public hearing to a date and time certain. That way you can reopen the public hearing and <br /> staff and the applicant will be able to answer questions at that time. <br /> Commissioner Yuhasz: I think we want to start with questions from the Commissioners. <br /> We've all had an opportunity to study this agenda item and look at the site plan. Are there any <br /> questions from any members of the Commission? <br /> Commissioner Jacobs: I have a general question. My general question is, understanding <br /> that sidewalks were an issue in this subdivision, why is staff having us discuss our policy on <br /> sidewalks two days from now, after we decide about this development rather than prior to <br /> deciding about this development when the Commissioners have already identified sidewalks <br /> as an issue for this development. <br />