Orange County NC Website
210 <br /> Article 8.2.2 states that where a preponderance of evidence indicates <br /> compliance with the general standards, specific rules governing the <br /> specific use, and that the use complies with all required regulations <br /> and standards, the application must be approved unless it is found, in <br /> some specific manner, that: <br /> 1 . The use will not promote the public health, safety and general <br /> welfare if located where proposed and developed and operated <br /> according to the plan as submitted; <br /> 2. The use will not maintain or enhance the value of contiguous <br /> property; <br /> 3. The use is not in compliance with the general plans for the <br /> physical development of the county as embodied in these <br /> regulations or in the Comprehensive Plan, or portion thereof, <br /> adopted by 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 /> No information was presented at the public hearing which would <br /> establish grounds for making one or more of the above findings. <br /> The Planning Board has reviewed the application, the site plan and all <br /> supporting documentation and has found that the applicant does comply <br /> with the general standards, specific rules, and required regulations <br /> with the exception of the underground utilities requirement. <br /> The Planning Board recommends approval with the amendment of the zoning <br /> district designation from R-1 and PD- I-3 to PD- I -1 and the issuance of <br /> a Class A Special Use Permit with the attachment of the following <br /> conditions: <br /> 1 . The grantee of this Special 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 <br /> improvements plus 10% . The amount shall be determined on the <br /> basis of fully executed construction contracts or certification by <br /> a registered engineer employed by the grantee of this Special Use <br /> Permit. As improvements are completed a corresponding amount of <br /> money may be released from the security instruments or the <br /> security instruments may be renegotiated based on the "yet to do" <br /> portion of the improvements. <br /> 2. Security shall be provided for the replacement of dead or damaged <br /> landscaping plants and planting of Loblolly Pines in the <br /> Reforestation Area. <br /> 3. Roads, parking areas and landscaping shall be maintained as <br /> constructed. All such improvements and facilities shall further <br /> be maintained and operated in a safe manner. <br /> 4. Screening and landscaping requirements shall be provided as <br />