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042 <br /> proposed and developed and operated according <br /> to the plan as submitted; <br /> 2. The use will not maintain or enhance the value <br /> of contiguous property; <br /> 3. The use is not in compliance with the general <br /> plans for the physical development of the <br /> county as embodied in these regulations or in <br /> the Comprehensive Plan, or portion thereof, <br /> adopted by the Orange County Board of <br /> Commissioners. <br /> The burden of proving one or more of the above findings <br /> is on those opposing the application. The proof must also <br /> be in the form of competent material and substantial <br /> evidence. <br /> The Planning Board reviewed the application, the site <br /> plan and all supporting documentation and found that <br /> no information was received which would establish <br /> grounds for making one or more of the above findings. <br /> The Chapel Hill Town Council considered the request at its <br /> November 10, 1986 meeting and recommended denial. Reasons <br /> cited for the recommendation included the following: <br /> 1. Site plan fails to provide adequate on-site recreation <br /> facilities as required by Orange County regulations. <br /> (Testimony presented that Orange County regulations <br /> required 1.74 acres of recreation space for 137 units; <br /> Chapel Hill regulations required 0.64 acres. Reduction in <br /> number to units to 120 would require 2.42 acres of on- <br /> site recreation by applicant. <br /> Comments made by Town Council indicated lack of <br /> understanding of how Orange County standards are applied. <br /> Council Member Smith indicated concern that residents <br /> would be using Chapel Hill facilities, since no County <br /> facilities are available for residents use. Purpose of <br /> payment-in-lieu is to use funds to develop park sites as <br /> they are acquired through acquisition or dedication. One <br /> principal site proposed for recreational purposes is <br /> landfill area. Additional land was incorporated into <br /> Joint Planning Area Land Use Plan for this purpose at <br /> Chapel Hill' s request. <br /> Council members were under the impression that total <br /> recreation area required for dedication was 5.85 acres <br /> (based on 137 units) and that County was requiring 1.74 <br /> acres private and payment-in-lieu on remainder-4.11 <br /> acres. County provisions required that 1.74 acres be <br /> private recreational facilities on-site and that <br /> difference be dedicated or payment-in-lieu made. Since no <br /> park site or greenway was shown on JPA Land Use Plan, <br /> payment-in-lieu required.) <br /> 2. Payment-in-lieu of recreational facilities is not <br />