Orange County NC Website
24 <br /> 1 the provisions of Section 5.3.2 (B) of the Orange County Unified Development Ordinance as <br /> 2 detailed within Attachment 6 of the abstract package. <br /> 3 <br /> 4 Commissioner Gordon: What I was going to say is that I did not find enough competent <br /> 5 material or substantial evidence in the record to meet the applicant's burden of proof. <br /> 6 <br /> 7 John Roberts: That's correct, and what that deals with is the standards for a special use <br /> 8 permit, "use will maintain and promote public health, safety, and general welfare," etc. <br /> 9 <br /> 10 Commissioner Jacobs: I agree with Commissioner Gordon, I think the developer could have <br /> 11 easily satisfied my concerns and just did not choose to do so. So I left wondering whether we <br /> 12 do have sufficient substantial evidence. <br /> 13 <br /> 14 John Roberts: If I could correct my previous statement. B is for the specific standards. <br /> 15 <br /> 16 VOTE: Ayes, 5; Nays, 2 (Commissioner Gordon and Commissioner Jacobs) <br /> 17 <br /> 18 f. A motion will need to be made regarding compliance with Section 5.3.2(A)(2) of the <br /> 19 Ordinance. <br /> 20 <br /> 21 i. A motion was made by Commissioner McKee, seconded by Commissioner <br /> 22 Yuhasz that there is sufficient evidence in the record the project complies with <br /> 23 Section 5.3.2 (A)(2)(a) of the UDO in that the use will maintain and promote the <br /> 24 public health, safety, and general welfare, if located where proposed and <br /> 25 developed and operated according to the plan as submitted. <br /> 26 <br /> 27 Chair Pelissier: I think here we actually have to also add Commissioner McKee to make a <br /> 28 complete motion. If you look on page 139 we actually have to cite all material evidence. If <br /> 29 you'll just continue the motion starting at the top of 139. <br /> 30 <br /> 31 John Roberts: You don't have to read each bullet. If you want to site the page number and <br /> 32 the bulleted information, I'm comfortable that it's adequate to defend this in the event of any <br /> 33 litigation. <br /> 34 <br /> 35 Commissioner McKee: Then I have one more sentence to read at the top of page 139. This <br /> 36 motion is based on competent material and evidence entered into the record of these <br /> 37 proceedings, including the bullets listed on the top 3/4 of page 139 of Attachment 7. <br /> 38 <br /> 39 <br /> 40 • The August 27, 2012 Quarterly Public Hearing agenda packet and the October 3, 2012 <br /> 41 Planning Board agenda packet containing the following information: <br /> 42 • The application package and project narrative contained within Attachment 1 of the August 27, <br /> 43 2012 Quarterly Public Hearing package. <br /> 44 • A letter from Joe Lyle, real estate broker, indicating the project will not impact the value of <br /> 45 adjacent property contained within Attachment 1 of the August 27, 2012 Quarterly Public <br /> 46 Hearing package. <br /> 47 • The environmental report contained within Attachment 1 of the August 27, 2012 Quarterly <br /> 48 Public Hearing package <br />