5.8.24 BOA Agenda Packet - Laserfiche WebLink

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212 Staff Analysis Compliance with Unified Development Ordinance Staff review determined that the application is complete and all submitted materials are in compliance with the following applicable sections of the UDO: ■ Section 2.7, Special Use Permits ■ Section 5.2, Table of Permitted Uses ■ Section 5.3.2, Application of Use Standards, Special Uses The original Special Use Permits for Woodsedge and The Woods Mobile Home Parks predate the current Orange County UDO. The two proposed modifications before the Board of Adjustment are the two standards which are now subject to review and determination as to whether those modifications conform with the existing ordinance standards. Standards governing a major modification to a Special Use Permit, are as follows: (1) Submittal Requirements As required by Section 2.7.14, the following shall be submitted as part of the application: (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. Staff Comment: The application package clearly details the two proposed modifications as a change to 1) the location of the 25 acres of dedicated open space and 2) the requirement for unitary ownership. Sheet E1.3 Proposed Open Space with Modified SUP details the relocation proposed. The application does include reference to future development proposals to be reviewed by the Town of Hillsborough. Such content is immaterial to Orange County Board of Adjustment review authority and staff did request removal of such content. Contemporary standards governing the Planning for Open Space, as detailed in Section 7.12.4(B), require that open space prominently meets at least one of the three following goals in open space design: (a) The maintenance of wildlife corridors and/or habitat; (b) The preservation of rural character; or (c) The creation or protection of space for outdoor recreation. Staff Comment: The proposed modifications maintain a preservation of open space along and around streams and stream buffers. The relocation of the open space also maintains a vegetative buffer along Interstate 40, which is in alignment with the intent of the Major Transportation Corridor Overlay to preserve the rural character of the County. The applicant also prioritized an existing utility easement within the open space to maintain an area that is otherwise compatible with pedestrian recreational use. While there is no current ordinance standard which would require unitary ownership for a mobile home park today, the intent of that condition, as reflected in the recorded meeting minutes and imposed in both the original SUPs and the approved modification, was to ensure the mobile home park use and its required open space were legally bound to each other, even as future land subdivisions may occur.