5.8.24 BOA Agenda Packet - Laserfiche WebLink

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FINDINGS OF FACT BY THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY CAPKOV VENTURES, INC. PROPOSING A MAJOR MODIFICATION TO EXISTING SPECIAL USE PERMITS ON PARCELS 9873-41-0172 AND 9872-49-0872 FOR WOODSEDGE AND THE WOODS MOBILE HOME PARK Based upon the competent, material and substantial evidence received at the evidentiary hearing, the Board of Adjustments gave each piece of evidence its due weight and makes the following Findings of Fact: Application Components 1.Capkov Ventures, Inc., filed an application for a Special Use Permit (SUP) related to Orange County PINs 9873-41-0172 AND 9872-49-0872 on February 16, 2024, for a Major Modification to an approved Special Use Permit with a fee paid. 2.The application included site plans and attachments as included in the agenda materials received by the BOA, specifically: Attachment 1. 3.The written narrative and amended site plan detail the two modifications being proposed as changes to: the requirement for unitary ownership, and the location of the 25 acres of open space allocated as part of the 1991 modification of the 1985 Special Use Permit. The proposed modification retains the full 25 acres of open space required by the 1991 modification. 4.Taylor Perschau, a member of the Orange County Planning & Inspections Department staff, provided sworn testimony regarding receipt of the following: copies of the amended site plans, a list of parcels within 1,000 feet of the subject parcel, and a written narrative detailing the proposed modifications. Notice Requirements 5.Notices of a Neighborhood Information Meeting were mailed on March 7, 2024, by the applicant and the meeting was held on March 21, 2024. 6.Notices of the BOA Evidentiary Hearing were mailed on April 24, 2024, and the meeting held on May 8, 2024. 7.Signs were posted on March 6, 2024, for the Neighborhood Information Meeting and on April 25, 2024, for the Evidentiary Hearing. Waste, Safety & Access 8.The waste disposal methods were reviewed by Victoria Hudson, Environmental Health Director with the Orange County Environmental Health Department, and Matthew Taylor, Environmental Enforcement Supervisor with the Orange County Solid Waste Department. Neither staff member indicated any concern regarding the planned methods. 9.The method of police, fire and rescue squad protection were reviewed by Elizabeth Farnan, Fire and Life Safety Chief with the Orange County Fire Marshall’s Office. There was no indication of concern. 10.The method of vehicle access was reviewed by NCDOT District Office and indicated no concerns. Common Open Space 11.Planning for open space shall always prominently meet at least three of the following three goals: the maintenance of wildlife corridors and/or habitat, the preservation of rural character, and the creation or protection of space for outdoor recreation. 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 263Attachment 6b