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149 <br />RECOMMENDATION: <br />Staff has not received any comments from local residents and property owners indicating they do not believe the <br />proposed facility complies with the provisions of Section 5.3.2 (A) (2) inclusive. These standards include <br />maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of <br />contiguous property, the use is in harmony with the area in which it is to be located, and the use being in <br />compliance with the general plan for the physical development of the County. <br />Staff has reviewed the application, the site plan, and all supporting documentation and has found that the <br />applicant complies with the specific standards and required regulations as outlined within the UDO with respect <br />to the submittal of required information for the project. <br />Provided the Planning Board finds in the affirmative on the specific and general standards as detailed herein, and <br />no evidence is entered into the record demonstrating the applicant has either: <br />a. Failed to meet their burden of proof that the project complies with the specific development standards for a <br />school; or <br />b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO, the Board <br />could make an affirmative recommendation on this application to the BOCC. <br />In the event that the Board makes an affirmative finding, staff recommends the attachment of the following <br />conditions: <br />1. In accordance with Section(s) 6.13 and 6.21 of the UDO, and consistent with the <br />approved application, the applicant shall maintain and preserve the area in the <br />northeastern corner of the property encumbered by the Special Flood Hazard Area <br />(SFHA) as depicted on recently adopted FEMA Flood Maps, and the associated 80 foot <br />wide adjacent stream /floodplain buffers. <br />With the exception of installing public and /or private water and /or public sanitary sewer <br />and /or the removal of dead, diseased, or dying plant materials, this 4.25 acre area shall <br />remain undisturbed as required within the UDO. <br />2. In accordance with Sections 6.13, 6.21, and 5.9.6 (C) of the UDO, the applicant shall <br />cause a formal and detailed landscape and tree preservation plan to be submitted and <br />approved by the Orange County Planning Department within 180 days from the approval <br />of this Special Use Permit. This plan shall also incorporate the preservation of <br />environmentally sensitive areas such as jurisdictional streams, wetlands, floodplain <br />areas, and all required stream /floodplain buffers. <br />3. In accordance with Section 7.14 of the UDO, the applicant shall cause a plat to be <br />submitted and recorded to illustrate all lease, access, and utility easements on the <br />subject area. <br />4. Per Section 2.5 of the UDO, the applicant shall complete and submit a formal application <br />to the Orange County Inspections Department requesting authorization to commence <br />construction of the proposed solar array. The application, including all applicable fees, <br />shall be submitted within 180 days from the approval of the Special Use Permit. <br />5. To ensure public safety as outlined in Section 5.3.2 of the UDO, the Orange County Fire <br />Marshal's office shall review and approve the final site plan and ensure that any and all <br />modifications be made to address fire code and access issues prior to the issuance of <br />the permit authorizing the commencement of land disturbing activities. <br />