Agenda - 11-23-1987 - Laserfiche WebLink

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047 Article 8.2 .2 states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found. in some specific manner, that: 1 . The use will not promote the public health. safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2 . The use will not maintain or enhance the value of contiguous property; 3 . The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received which would establish grounds for making one or more of the above findings. The Planning Staff has reviewed the application. the site plan and all supporting documentation and has found that the applicant does comply with the general standards. specific rules. and required regulations with the exception of minimum gross land area requirements and the underground utilities requirement. Section 7 .3 of the Zoning Ordinance permits the Board of Commissioners to make modifications of the regulations in a particular case where the Board makes findings that public purposes are satisfied to an equivalent or greater degree by the actions, designs or solutions proposed by the applicant. Rather than considering a modification, the Planning Staff has recommended to the applicant that the request be amended from a PD-I-3 to a PD-I-1 designation. The findings of fact provided by the Staff have indicated that the proposed use complies with the requirements of the PD-I-1 district. The applicant will indicate whether or not he is willing to accept the PD-I-1 classification at the public hearing. The Planning Staff recommends approval with the amendment of the district designation from PD-I-3 to PD-I-1 and with the attachment of of the following conditions: 1 . The grantee of this Special Use Permit shall post with Orange County. in a form acceptable to the County Attorney. a bond or letter of credit in an amount equal to the cost of all improvements plus 10% . The amount shall be determined on the basis of fully executed construction contracts or certifica- tion by a registered engineer employed by the grantee of this Special Use Permit. As improvements are completed a corresponding amount of money may be released from the