BOA agenda 101419-cancelled - Laserfiche WebLink

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CONDITIONS OF APPROVAL: 1. In accordance with the provisions of Sections 5.2 Table of Permitted Uses and 5.7.2 Recreational Facilities of the UDO, activities allowed to occur on the property shall be in accordance with the submitted application package, site plan, and narrative as reviewed by the Orange County Board of Adjustment on October 14, 2019. Furthermore, the site plan shall be updated and included as part of the site plan submittal for development permits; 2. In order to: a. Promote the public health, safety, and general welfare as required in Section 5.3.2 (A) (2) (a); b. Ensure adjacent property values are maintained or enhanced as required in Section 5.3.2 (A) (2) (b); and c. Ensure the proposed use is in harmony with the general area as required in Section 5.3.2 (A) (2) (c) of the UDO, all lighting installed on the property shall comply with the provisions of UDO Section 6.11. Under no circumstances may lighting levels exceed 0.1 foot- candles at any property line. No new outdoor on-site lighting will be located within 100’ of the property boundaries as depicted on the submitted site plan. 3. In order to: a. Promote the public safety as required in Section 5.3.2 (B) (2); b. Ensure viable vehicular access as required in Section 5.3.2 (B) (3); and c. Ensure compliance with the site plan submittal requirements of Section 2.5 RECOMMENDATION: Staff has reviewed the application, the site plan, and all supporting documentation and has found that the applicant complies with the application requirements, notice requirements, and submittal requirements for Recreational Facilities, specific standards of evaluation for Recreational Facilities, and required regulations as outlined within the UDO. Staff has not received any evidence indicating the project fails to comply with the UDO, including the provisions of Section 5.3.2 (A) (2) inclusive, to establish the grounds for making a negative finding on the general standards as detailed herein. These standards include: maintaining or promoting the public health, safety, and general welfare; maintaining or enhancing the value of contiguous property; the use is in harmony with the area in which it is to be located; and the use being in compliance with the general plan for the physical development of the County. The Board could make an affirmative finding on this application provided the Board of Adjustment finds in the affirmative on the specific standards of evaluation and general standards as detailed herein, and no evidence is entered into the record demonstrating the applicant has either: a. Failed to meet their burden of proof that the project complies with the specific development standards for a Recreational Facility, or b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO. In the event that the Board makes an affirmative finding and issues the permit, staff recommends the attachment of the following conditions: 104