Agenda - 09-16-2008 - 5a - Laserfiche WebLink

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Attachment Four (4) Neighbor Comments - 4B Information ~ ' supplied to the P{anning Board: ~"- Ge ~~ g ~ ~ `~~ 1 August 4~, 2008 Craig N. Benedict, AICP, Director Michael D. Harvey, AICP, CZO, Zoning Enforcement Officer Orange County Planning & Inspections Department Hillsborough, NC 27278 RE: Planning Board Review of a Class A Special Use Permit application by the Montessori Farm School to develop a private school at 711 Terry Rd. (TMBL 5.10..22/PIN 0806-76-4683) Dear Mr. Benedict, Mr. Harvey, Planning Board, and County Commissioners, Please include this document as additional information to be evaluated by the Orange County Planning Baard and Orange County Commissioners in connection with the Montessori Farm Schools application for a Class A Special Use permit. In a Public Hearing under oath, information was introduced describing the Terry Road Community objections to this proposed project. Printed and electronic copies of this presentation were submitted. to the Commissioners. Included are significant points omitted during the oral testimony because of time constraints. A signed petition of Community protest constituting twenty-seven property owners was also submitted in printed and electronic media. The body of this letter is an attempt to re-align the key points, specifically, as they relate to additional documentation sugparting the request that Orange County Planning Board and the Orange County Commissioners deny the approval of this SUP application based upon the applicants far failure to provide the burden of evidence required to support the minimum requirements of the three main criteria that must be met pursuant to Orange County Ordinance Chapter 50 Zoning, Sect 232, also know as provisions of Article Eight (8) Special Uses and Section 8.8.30 Elementary, Middle, and Secondary of the Orange County Zoning Ordinance. Deference Information: If you go to the Orange County Zoning Ordinance Article Eight {8), Section 8.2.1 through Section 8.3, you will find the following language: 8.Z.,I Before any application for a special use shall be approved.• a) The applicant shall have the burden of establishing; by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval; and b) The Board shall make written ftndings certifying compliance with the specifu: rules governing such individual special use and that the use, which is listed as a special use in the district in which if is proposed to be 59