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NC Highway 57 Speedway Area Small Area Plan <br />3.. The petitioner will have a reasonable opportunity to consider and respond to any such <br />additional requirements prior to final Board of County Commissioners action. If any <br />conditions are included as part of the rezoning, the petitioner shall agree in writing to all <br />applicable conditions within thirty (30) days of the decision. The CU approval will not <br />be come effective until such written agreement is recorded in the Orange County Register <br />of Deeds. If the petitioner does not agree to the conditions in writing within thirty (30) <br />days following the date of the decision, the CU will be deemed null and void. <br />4. In evaluating an application for the establishment for a conditional use district, it is <br />appropriate for the County Board of Commissioners to consider the following: <br />a. The policies and objectives of the Orange County Comprehensive Plan, particularly in <br />relation to the use, proposed site, and surrounding area; <br />b. The policies and objectives of any and all adopted Small Area Plans relating to the area; <br />c. The potential adverse impacts to the surrounding area of, but not limited, to: traffic, storm <br />water drainage, land values, and compatibility of land use activities. <br />5. In the review and approval of a CU request, emphasis will be given to evaluation of the <br />characteristics of the specific use proposed in relationship to surrounding properties. The Board <br />of County Commissioners may also consider the Permitted and Special Uses allowed under the <br />underlying zoning classification in determining the appropriateness of the CU proposal. <br />Section 8.9.4 Effect of Approval. <br />If an application is approved, then the CU that is established, and all conditions that may have <br />been attached to the approval, are binding on the property. All subsequent development and use <br />of the property must be according to approved plan and conditions. The intent of this type of <br />zoning is to provide an alternative procedure for specific development proposals. It is intended <br />that all property be rezoned only according to firm plans to develop. <br />Therefore, three (3) years from the date of approval, the Planning Board will examine <br />development progress made according to approved plans to determine if active efforts are <br />proceeding. If the Planning Board determines that active efforts to comply with the approved <br />development plan are not proceeding, a report will be forwarded to the Board of County <br />Commissioners, which may determine that action be initiated to remove the CU according to the <br />amendment procedures outlined in this ordinance. <br />Within the boundaries of the CU district, the provisions and development standards of this <br />section shall apply as well as any additional regulations, which the Board of County <br />Commissioners may make a part of an approved development plan for such district. Any <br />deviation from or failure to comply with such a requirement shall be considered to be a zoning <br />violation. <br />The BOCC may attach a condition of approval limiting the REDA development plan to a <br />specified duration. The BOCC may attach conditions of approval as will ensure the development <br />