5.8.24 BOA Agenda Packet - Laserfiche WebLink

Browse Search

18 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 NIM was held on March 17, 2024, at 3:00 p.m. at Judea Reform Congregation Cemetery, 2560 Jones Ferry Road, Chapel Hill, NC. Summary meeting materials are contained in Attachment 3. • THIRD ACTION — Development Advisory Committee Review/Analysis Begins STAFF COMMENT: The Orange County Development Advisory Committee (DAC) met on March 7, 2024, 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 (Attachment 5) are addressed. • FOURTH ACTION — The Board Of Adjustment 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 May 8, 2024. A formal application is required as part of a Special Use Permit request and has been submitted (Attachment 1). 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 April 23, 2024, 15 days before the meeting. Staff also posted the property with signs on April 24, 2024, 14 days before the meeting. See Attachment 4 for the notification materials. Planning Director's Comments: The Planning Director has determined the application satisfies established submittal requirements, and there is sufficient documentation demonstrating general compliance with established development standards as detailed in Section 5.6.2 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; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these