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7 <br /> <br />4. There are several goals/policies detailed within the adopted 2030 Comprehensive Plan <br />addressing the development of Child Care Facilities in the County including: <br />a. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, <br />consistent with the provision of adequate services and facilities and a high quality <br />of life. <br />b. Land Use Goal 2: Land uses that are appropriate to on-site environmental <br />conditions and features, and that protect natural resources, cultural resources, and <br />community character. <br />c. Land Use Goal 3: A variety of land uses that are coordinated within a program <br />and pattern that limits sprawl, preserves community and rural character, minimizes <br />land use conflicts, supported by an efficient and balanced transportation system. <br />5. Local residents were notified of the required Neighborhood Information Meeting (NIM) <br />and the public hearing consistent with the requirements of the UDO. No residents came <br />to the NIM or have inquired about the request in person; or via phone, letter or e-mail. <br />Please refer to Attachment 3. <br />6. Review of SUP applications are carried out in a quasi-judicial format meaning that <br />decisions relating to the approval or denial of an application are based solely on the <br />sworn testimony of all parties involved with the case, both those for and against an <br />application, as well as the review of the competent material and substantial evidence <br />submitted into evidence during the public hearing. <br />7. The applicant has the burden of establishing, by the submission of competent material <br />and substantial evidence, the existence of facts and conditions that demonstrate the <br />projects compliance with the various requirements and standards detailed within the <br />UDO. <br />Those opposing approval of the application shall have the burden of establishing, also <br />through the submission of competent material and substantial evidence, the specific <br />manner in which the proposal does not satisfy the requirements for approval of the <br />application. <br />8. As previously indicated the Board of Adjustment shall render a decision only on the <br />sworn testimony of all parties and on the competent material and substantial evidence <br />submitted during the hearing relating to the approval or denial of the application. <br />9. Per Section 2.25.4 of the UDO, every decision of the Board of Adjustment shall be <br />subject to review at the request of any aggrieved party by the Superior Court by <br />proceedings in the nature of certiorari. Appeals have to be submitted with the Superior <br />Court within 30-days of the availability of notice of decision as detailed within 2.12.5 of <br />the UDO. <br />10. If approved, Staff is recommending the imposition of several conditions as detailed within <br />Attachment 5. <br />11. Please note if this project is approved by the Board, this approval does not exempt the <br />applicant from securing all applicable permits authorizing land disturbing activities to <br />commence including, but not limited to: <br />• Erosion Control/Stormwater permits; <br />• North Carolina and/or Orange County Health Department approving a proposed <br />expanded use of the existing septic system/well for the project; <br />9 of 200