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b. The Applicant presented documentary evidence in the form of a Value Impact <br />Analysis Report and expert testimony by Mr. John McPhaul, a licensed real estate <br />appraiser, evidencing the fact that General Standard 5.3.2(A)(2)(b) is met and the <br />proposed special use will maintain or enhance the value of contiguous property. <br />c. The Applicant presented evidence in the form of testimony by Dr. Nora Dennis <br />evidencing that General Standard 5.3.2(A)(2)(c) is met and the location and <br />character of the proposed special use, if developed according to the plan submitted, <br />will be in harmony with the area in which it is to be located and the use is in <br />compliance with the plan for the physical development of the County as embodied in <br />the UDO and the County’s Comprehensive Plan because the approval of the <br />Application and the proposed special use will not materially change the design or <br />operation of the Property because the Property is already developed and use for the <br />same purpose under the bona fide farm zoning exemption, and the Application has <br />been submitted solely to facilitate additional licensure for the facility. <br />12. No competent, material, and substantial evidence to the contrary was presented on the <br />record. <br /> <br />Conclusions of Law <br /> <br />1. Based on the competent, material, and substantial evidence present in the record, the <br />proposed special use satisfies the General Standards found in Section 5.3.2(A)(2) of <br />the UDO. Further, the proposed special use satisfies the Specific Standards found in <br />Sections 5.3.2(B) and 5.8.2 of the UDO. <br /> <br />ACCORDINGLY, based on the foregoing, the Orange County Board of Adjustment <br />hereby APPROVES the Application and authorizes a Care Facility special use to be <br />operated on the Subject Property, subject to the following condition: <br /> <br />1. This approval shall remain valid and effective for so long as the Applicant and any <br />successors-in-interest to the Subject Property maintain a legally enforceable right-of- <br />access or easement over Hi Mar Lane and Dodsons Knoll Road to Dairyland Road. <br /> <br /> This the ___ day of ______________, 2025. <br /> <br /> <br /> <br /> __________________________________ <br /> Leon Meyers, Chair <br />50