9.13.23 BOA Agenda Packet - Laserfiche WebLink

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4 Basic Review Process: A Special Use Permit application requires submission of a site plan and other documents, in accordance with Section 2.7.3 of the UDO: • FIRST ACTION — Staff Review/Analysis Begins STAFF COMMENT: An analysis of the application was made by qualified representatives of the County and other agencies or officials. • SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM). STAFF COMMENT. The Neighborhood Information Meeting was held on May 24, 2023 at 6:00 p.m. at The Eddy, 1715 Saxapahaw-Bethlehem Church Rd., Graham, NC. (Summary meeting materials contained in Attachment 3). • THIRD ACTION — Development Advisory Committee Review/Analysis Begins STAFF COMMENT: The Orange County Development Advisory Committee met on May 4, 2023, August 3, 2023, and August 17, 2023 to review this application. The DAC has no objections to the approval of the Special Use Permit so long as the items in the attached departmental memos are addressed. • FOURTH ACTION — The BOA holds a quasi-judicial hearing, hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes a determination with findings of fact supported by competent, substantial, and material evidence. STAFF COMMENT: The evidentiary hearing is anticipated to be held on September 13, 2023. A formal application is required as part of a Special Use Permit request and has been submitted (Attachment 2). Approval of the application is part of the Special Use Permit process and shall include making appropriate findings of fact stating that the Board concludes all applicable standards have been met. Public Notification(s): In accordance with Section 2.7.6 of the UDO, notices of the Evidentiary Hearing were mailed via first class mail to all adjacent property owners of the subject parcel. These notices were mailed on August 29, 2023, 15 days before the meeting. Staff also posted the property with signs on August 29, 2023, 15 days before the meeting. See Attachment 4 for the notification materials. Planning Director's Comments: The Planning Director has determined the application is consistent with established submittal requirements, and there is sufficient documentation demonstrating general compliance with established development standards as detailed in Section 5.7.5 and 5.18.4 of the UDO; Staff does not make a formal recommendation on the approval of the application or on the compliance of the project with the general standards in Section 5.3.2(A)(2). The Board of Adjustment must determine if: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted;