Orange County NC Website
012 <br /> • RECOMMENDATION <br /> Article 8.2.2 of the Orange County Zoning Ordinance states that <br /> where a preponderance of evidence indicates compliance with the <br /> general standards, specific rules governing the specific use, and <br /> that the use complies with all required regulations and standards, <br /> the application must be approved unless tt is found, in some <br /> specific manner, that: <br /> 1 . The use will not promote the public health, safety <br /> and genera ! welfare if Located where proposed and <br /> developed and operated according to the plan as <br /> submitted; <br /> 2. The use will not maintain or enhance the value of <br /> contigous property; <br /> 3. The use is not in compliance with the general plans <br /> • for the physical development of the county as <br /> embodied in these regulations or in the <br /> Comprehensive Plan, or portion thereof, adopted by <br /> the Orange County Board of Commissioners. <br /> The burden of proving one or more of the above findings is on those <br /> opposing the application . The proof must also be in the form of <br /> competent material and substantial evidence. <br /> The Planning Staffs of Orange County and Chapel Hill have reviewed <br /> the application , the site plan and al ! supporting documentation and <br /> have found that the applicant does comply with the general <br /> standards, specific rules, and required regulations with the <br /> exception of the provision of sight distances at points of access; <br /> and the provision of the 100' open space perimeter requirement <br /> requested by the applicant to be waived; and the satisfaction of <br /> the maximum floor area ratio requirement. Staff recommends <br /> approval of the request, with the attachment of conditions to the <br /> approval as follows: <br /> RECOMMENDED CONDITIONS OF APPROVAL, • <br /> 1 . The grantee of this Specie ! Use Permit shall post with Orange <br /> County, in a form acceptable to the County Attorney, a bond or <br /> Letter of credit in an amount equal to the cost of all public <br /> improvements plus 10%. The amount shall be determined on the <br /> basis of fully executed construction contracts or <br /> certification by a registered engineer employed by the grantee <br /> of this Special Use Permit . Security for construction of the <br /> improvements in this project may follow phasing in the <br /> project. Specifically, as improvements are completed in each <br /> phase a corresponding amount of money may be released from the <br /> security instruments or the security instruments may be <br />