12.11.24 BOA Agenda Packet - Laserfiche WebLink

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STAFF COMMENT: An analysis of the application was made by qualified representatives of the County and other agencies or officials. The application was deemed complete. • SECOND ACTION – Applicant holds a Neighborhood Information Meeting (NIM). STAFF COMMENT: The NIM was held on May, 23, 2024, at 6:00 p.m., at 3223- UT New Hope Church Road, Brumley Forest Nature Preserve. 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 May 2, 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 scheduled to be held on December 11, 2024. A formal application is required as part of a SUP request and has been submitted (Attachment 1). Approval of the application is part of the SUP 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 UDO Section 2.7.6 , 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 November 26, 2024, 15 days before the meeting. Staff also posted the property with signs on November 26, 2024, 15 days before the meeting. See Attachment 4 for the notification materials details. 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 5.7.5 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 51