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Grange County Board of Commissioners <br />Page 4 <br />September 12, 2008 <br />special use permit be accepted by the applicant. It is therefore critical to get the applicant's <br />acceptance of all conditions that the Board of County Commissioners deems necessary to <br />approve the zoning change. Put another way, although rezoning the property and the action <br />approving the special use permits are separate actions, they are inextricably linked. If there is any <br />condition that the Board of Commissioners thinks must accompany the project to satisfy it the <br />zoning change works for the County it must have the agreement of the developer on that <br />condition before it changes the zoning. 'This linkage of the zoning decision and the special use <br />permit decision and conditions lets the developer and the community know that ~t~ut the <br />conditions the Board deems necessary, the zoning change would not be approved. <br />The only prior experience Orange County has in approving a planned development that is <br />comparable to the Buckhorn Village application is the development now lmown as Churton <br />Grove (formerly Scotswood) which was approved approximately 20 years ago. That approval <br />was also, in effect, a master plan approval. And, the developer of that project is still going <br />through the Planning staff site plan review process for one aspect of the development or another. <br />Article 7 of the Zoning Ordinance, providing for planned developments, refers to Article <br />8 of the Zoning Ordinance and its requirements for special uses. Section $.8.23 of the Zoning <br />Ordinance pertaining to Planned Developments, con#ains minimal special use requirements and, <br />in turn, refers to Sections 8.2 and 8.8. Section 8.2 contains the general standards that must be met <br />for all special uses. They aze: <br />(1) The use will maintain or promote the gublic health, safety and general welfare, if <br />located where proposed and developed and operated according to the plan as <br />submitted; <br />(2} The use will maintain or enhance the value of contiguous property...; <br />(3} The location and character of the use, if developed according to the plan <br />submitted, will be harmony with the area in which it is to be located and the use is <br />• in compliance with the plan for the physical development of the County as <br />embodied in these regulations or in the Comprehensive Plan, a portion thereof, <br />adopted by the Board of County Commissioners; <br />and including all applicable provisions of Articles 4, 5, 6, 7, 9,10 and 12 of this <br />Ordinance.... The applicant shall have the burden of establishing by competent, material <br />and substantial evidence in the form of testimony, exhibits, documents, models, plans and <br />the like that the application meets the requirements for approval of a Special use. <br />Section 8.8, applicable generally to special uses, requires site plan Level detail to be <br />provided as part of the application process with respect to specific special uses such as <br />telecarnmunication towers, elevated storage tanks, commercial cemeteries, community centers <br />and the like. This level of detail is both necessary and practical in the consideration of discrete <br />land uses. On the other hand, a planned development master/concept plan is eontemglated by <br />Section 7.21.1 and Article ? in general. Site plan detail at the PD SUP approval level is typically <br />