Agenda - 05-29-2012 - C1 - Laserfiche WebLink

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