Orange County NC Website
QU5 <br /> RECOMMENDATION: Article 8.2.2 of the Zoning Ordinance states that where a <br /> preponderance of evidence indicates compliance with the <br /> general standards, specific rules governing the specific <br /> use, and that the use complies with all required regulations <br /> and standards, the application must be approved unless it is <br /> found, in some specific manner, that: <br /> 1 . The use will not promote the public health, safety and <br /> general welfare if located where proposed and developed <br /> and operated according to the plan as submitted; <br /> 2. The use will not maintain or enhance the value of <br /> contiguous property; or <br /> 3. The use is not in compliance with the general plans for <br /> the physical development of the county as embodied in <br /> these regulations or in the Comprehensive Plan, or <br /> portion thereof, adopted by the Orange County Board of <br /> Commissioners. <br /> The burden of proving one or more of the above findings is <br /> on those opposing the application. The proof must also be in <br /> the form of competent material and substantial evidence. <br /> No information has been received which would establish <br /> grounds for making one or more of the above findings. <br /> The Planning Staff has reviewed the application, the site <br /> plan and supporting documentation and found the applicant in <br /> general compliance with the standards, specific rules and <br /> required regulations . The Planning Staff has made, however, <br /> negative findings with respect to certain required standards <br /> and/or regulations . These negative findings may be addressed <br /> through conditions of approval attached to the Special Use <br /> Permit. For this reason, the Planning Staff recommends <br /> approval of the request with the following attached <br /> conditions : <br /> 1 . The grantee of this Special Use Permit shall post with <br /> Orange County, in a form acceptable to the County <br /> Attorney, a bond or letter of credit in an amount <br /> equal to the cost of all public improvements plus <br /> 10% . The amount shall be determined on the basis of <br /> fully executed construction contracts or certification <br /> by a registered engineer employed by the grantee of <br /> this Special Use Permit. Security for construction of <br /> the improvements in this project may follow phasing in <br /> the project. Specifically, as improvements are <br /> completed in each phase a corresponding amount of <br /> money may be released from the security instruments or <br /> the security instruments may be renegotiated based on <br /> the "yet to do" portion of the improvements. <br /> 2. Security shall be provided for the grading, paving and <br /> stabilization of all cleared areas, streets and other <br /> vehicular travelways; sidewalks and other pedestrian <br /> walkways; erection of street signs; utility <br /> installation and hookups; recreational facilities; <br /> landscaping and mulching around all mobile home units. <br />