HomeMy WebLinkAboutAgenda - 05-29-2012 - C1ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2012
Action Agenda
Item No. C -1
SUBJECT: Rezoning and Class A Special Use Permit Modification — Spence Dickinson
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Application Packet
2. Property and Vicinity Map
3. Staff Comments
4. Legislative and Quasi - judicial proceedings
5. Explanation of Ratio Standards
6. Notification Materials and Certification
INFORMATION CONTACT:
Michael D. Harvey, Planner III 245 -2597
Craig Benedict, Director 245 -2575
PURPOSE: To hold a public hearing and receive comment on a general use rezoning petition and
Class A Special Use Permit modification in accordance with the provisions of the Unified
Development Ordinance (hereafter 'U DO').
BACKGROUND: On December 5, 2011 staff received an application proposing the rezoning of a
parcel of property off of Pathway Court:
From: Rural Buffer (RB) and Planned Development Housing Rural Residential (PD -H -R1)
To: Rural Buffer (RB)
The subject parcel is partially located within Heartwood at Blackwood Mountain, a 35.21 acre
(1,533,747 sq.ft.) Planned Development approved by the County in 1986. The project called for
the development of 35 single - family residences along with common area and recreation
amenities. The Special Use Permit (hereafter `SUP') governing the development of the project
is recorded within Deed Book 725 Page 306 of the Registrar of Deeds (Please refer to
Attachment 1 for a copy of the permit).
The basic facts of the application are as follows:
Applicant: Spence Dickinson
6407 Millhouse Road
Chapel Hill, NC 27516
Agent(s): Jim Holland — Holland Surveying
Location: North of intersection of Blackwood Mountain Road (SR 2258) and
Pathway Court, a private road maintained by the local homeowners
association
2
Parcel Information: a. PIN(s): Lot 31 R — PIN 9871 -54 -9182 — as denoted within Plat
Book 90 Page 181 of the Orange County Registrar of Deeds
(Please refer to Attachment 1 for a 8 Y2 x 11 copy of the plat).
b. Size of parcel(s): 4.003 acres (per aforementioned plat)
The lot, as originally approved as part of the Heartwood
subdivision, was 0.92 acres in area exclusive of right -of -way (i.e.
Pathway Court).
Mr. Dickinson chose to recombine this original parcel with
adjoining lots, specifically another 0.92 acre parcel within the
Heartwood project as well as an external 2 acre parcel, in 2002.
If the request is approved, the 4.003 acre parcel would be
rezoned to RB and the overall size of the Heartwood Planned
Development would be reduced from 35.21 to approximately
31.207 acres in area.
c. Zoning of parcei(s): Rural Buffer (RB) and Planned
Development Housing Rural Residential (PD- H -R1).
d. Township: Chapel Hill
e. Future Land Use Map Designation: Rural Buffer
f. Growth Management System Designation: Rural
g. Existing Conditions /Physical Features: The property is
undeveloped and partially wooded.
There is a driveway running through the property affording
access to an adjacent parcel owned by Mr. Dickinson,
specifically the Creative Learning Center camp /retreat center.
h. Roads: Vehicular access to the parcel(s) is through an existing
driveway onto Pathway Court.
Surrounding Land Uses: a. NORTH: Single- family residential with RB zoning
b. SOUTH: Single- family residential and undeveloped property with
PD -H -R1 zoning.
c. EAST: The Emerson Waldorph School and the Creative Learning
Center (i.e. summer /day camp) owned by Mr. Spence Dickinson
zoned RB. The camp is operating in accordance with a previous
issued Class B Special Use Permit.
d. WEST: Single- family residential and undeveloped property with
PD -H -R1 zoning
Proposal: As detailed within Attachment 1, Mr. Dickinson is requesting the rezoning and SUP
modification to remove the subject parcel from the development and zoning restrictions of the
Heartwood subdivision.
According to the application, the request was submitted in an effort to address existing septic
issues on an adjacent parcel of property, specifically the Creative Learning Center camp /retreat
center (PIN 9871 -63 -4523) which operates under its own, independent, Class B Special Use
3
Permit issued by the Orange County Board of Adjustment in 2008 (Please refer to the vicinity
map contained within Attachment 2 for additional detail).
The applicant intends to recombine the subject parcel with the adjacent camp property and
construct the required septic system, and repair area, supporting continued camp operations.
The property cannot be used for this purpose, or recombined with the camp property, unless it is
first removed from the restrictions of the Heartwood SUP and rezoned accordingly.
Planned Development Requirements: Staff has completed a review of the available file(s) and
various minutes associated with the Heartwood Planned Development. It would appear the
subject parcel was originally intended to house a portion of the recreation amenities for the
project, specifically bunkhouses to support the community center proposed for the project.
Since approval of the project in 1986, the applicant has caused these amenities to be developed
on other parcels.
Staff has been unable to discover the imposition of specific limitations, conditions, or
development requirements associated with the subject parcel. Further, staff has determined
that the removal of the parcel from the Planned Development will not create a violation of
required, and approved, dimensional standards including, but not limited to:
REQUIRED STANDARDS
PROPOSED (per plat)
IMPACT OF REQUEST
(per plat)
(staff assessment)
Floor Area Ratio (FAR)
82,000 sq. ft. (1.88 acres)
Proposed modification will not
Maximum allowed — 88,957
increase the FAR for the project.
sq.ft.
In fact, the total FAR will be
reduced.
Minimum Required Open
1,445,147 sq. ft. (33.17 acres)
Open space will be reduced to
Space - 1,288,348 sq.ft (29.5
approximately 1,362,137 sq.ft.
acres)
(31.2 acres)
Minimum Required Livability
1,280,147 sq.ft (29.3 acres)
Livability space will be reduced
Space — 1,150,310 sq.ft. (26.4
to approximately 1,197,146 sq.ft.
acres)
(27.4 acres)
Minimum Required Recreation
96,000 sq. ft (2.2 acres)
There is approximately 130,680
Space — 29,141 sq.ft.
sq.ft. (3 acres) of designated and
existing recreation area within
the project.
Please refer to Attachment 5 for an explanation of the various ratio standards detailed herein.
Ordinance Requirements — Class A Special Use: in accordance with Section 2.7.14 of the UDO
this request represents a modification of the previously approved SUP in that the property was
originally slated for the development of required /approved recreational area. The County has to
approve the proposed alteration and modify the SUP and plat accordingly.
In reviewing the request with other County departments, the following comments have been
received:
4
1. The Sheriff's Department has indicated the proposed revision will not require existing
patrol patterns to be altered.
2. EMS staff has indicated that New Hope Volunteer Fire Department will still provide fire
services to the area and Orange County EMS will provide emergency medical services.
They do not believe the request will create a service provision problem for them.
3. According to the Health Department the septic system that will eventually be located on
the subject property will be approved through the State.
Health Department staff have indicated the approval of the request will address a long-
standing septic concern associated with the operation of the adjacent Creative Learning
Center.
The request will not adversely impact septic capacity for the remaining lots.
4. The Planning Department and the Department of Environment, Agriculture, Parks, and
Recreation (DEAPR) staff has reviewed the proposal and determined the request, if
approved, will have no significant impact to existing habitat area warranting special
consideration or protection based on information contained within the Inventory of Natural
Areas and Wildlife Habitats for Orange County North Carolina
5. Orange County Solid Waste has indicated the request, if approved, will not impact
service provision to the surrounding area.
6. The review of the Heartwood project included the submission of a transportation
improvement analysis (TIA) completed by Philip Post and Associates. The removal of
the property from the project will not increase or alter traffic beyond what was originally
envisioned.
Please refer to Attachment 3 for additional detail.
Proceedings: In accordance with the provisions of Section 2.7.7 and 2.8 of the UDO, this
project is reviewed in both a legislative (i.e. rezoning) and a quasi - judicial (i.e. Class A Special
Use Permit modification) process. Please refer to Attachment 4 for additional detail.
Analysis: As required under Section 2.7.4 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application' and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following:
1. The application has been deemed complete in accordance with the requirements of
Section 2.7 and 2.8 of the Unified Development Ordinance (UDO).
2. Staff has determined that the property is of sufficient size to be rezoned to the RB zoning
designation.
3. The request will not invalidate existing conditions imposed as part of the Heartwood at
Blackwood Mountain Planned Development approval.
4. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on -site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
5. Staff has determined that the proposed Zoning Atlas Amendment, and SUP modification,
are consistent with the provisions and goals of the Joint Planning Land Use Plan and
Joint Planning Agreement.
JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to
the Town of Chapel Hill and the Town of Carrboro for review and comment on April 18, 2012.
To date no comments have been received.
Notification Requirements: Per Sections 2.7.5 and 2.8.7 of the UDO, staff has caused a notice
of this hearing to be published: `as least twice in a newspaper of public circulation in the County
for two (2) successive weeks: 'no less than ten (10) days nor more than twenty -five (25) days'
before the public hearing.
On May 18, 2012 staff posted a sign on the property providing a notice of the date, time, and
location of the public hearing. Staff also sent written notice by certified mail to all adjacent
property owners located within 500 feet of the subject property as required by Section 2.7.5 and
2.8.7. This notice was sent on May 14, 2012 (see Attachment 6)
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Receive the application,
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the September 18, 2012 BOCC regular
meeting.
4. Adjourn the public hearing until September 18, 2012 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
r�
(PLEASE PRINT OR TYPE — W4K ONLY) Attachment 1
APPLICATION FOR CLASS A SPECIAL USE PERMIT
ORANGE COUNTY BOARD OF COMMISSIONERS
DATE: /
APPLICATION NUMBER: PD- -
I (We) request a Class A Special Use Permit as provided for in Article of the Orange
County Zoning Ordinance for Modification to an existing Planned Development - Special Use
Permit for the Heartwood at Blackwood Mountain by removing Lot 31 R from the project and
rezoning the parcel entirely from PD -H -R1 (Planned Development) to Rural Buffer (RB)
The following information is provided in support of the request:
A. PROPERTY INFORMATION:
1. Street Address or Location: Pathway Court (no address) PIN 9871 -54 -9182
2. Orange County Tax Map Block Lot(s) Township
3. Zoning District(s): PD -H -R1 (Planned Development Housing Rural Residential)
4. Lot/Parcel Size. 4.15 acres or square feet
5. Number of Existing Buildings: Zero Gross Floor Area: square feet
6. Number of Proposed Buildings: Zero Gross Floor Area square feet
7. Water Supply: Public (specify) X Community Individual
8. Wastewater Disposal: Public (specify) Community. Individual
9.a School District: Chapel Hill/Carrboro 9.b Fire District: New Hope
10. General Land Uses in Area: Single- family, institutional (i.e school), farm
11. Critical Areas: Stream /Drainageway; Flood Prone Area;
Watershed (specify) ; Historic Site;
Other (Explain):
B. SITE PLAN INFORMATION:
Twenty -six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or
engineer, are provided as required by Article 8.8 and which contain the following
information:
North point, scale, and date.
Extent of area to be developed.
Locations and widths of all easements and right -of -way within or adjacent to the
site.
Location of all existing and proposed structures on the site.
Location of all areas on the site subject to flood hazard or inundation as shown on
flood maps or soils maps.
Location of all water courses on the site, including direction of flow.
(PLEASE COMPLETE REVERSE SIDE)
Existing topography at a contour interval of five (5) feet based on mean sea level 7
datum.
Existing and proposed fencing, screening, gates, parking, service, and storage
areas.
Access to site, including sight distances on all roads used for access.
C. OTHER SUBMITTAL INFORMATION:
1. Elevations of all structures proposed to be used in the development.
2. Two (2) full -size copies of the applicable Orange County Tax Map, one (1) copy
with the property in question clearly marked.
3. The names and addresses of the property owner(s) and /or applicant(s),
3. and the names and addresses of all persons owning property within five
Hundred (500) feet of the property in question.
4. Application fee as set by the Orange County Board of Commissioners.
5. Traffic impact study as required by Article 13 of the Zoning Ordinance.
6. Additional information regarding the proposed Special Use as required by
Article 8 of the Zoning Ordinance.
7. Narrative (or letters from appropriate agencies) indicating:
a) Method and adequacy of sewage disposal facilities, solid waste disposal, and
water services. Where public sewer is not available, a letter from Orange
County Health Department certifying the suitability of the existing and /or
proposed wasterwater treatment system for the property.
b) Method and adequacy of police, fire, and rescue squad protection.
c) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
I (We), the applicant(s) herby certify that the foregoing application and supporting documentation is
complete and accurate. I understand that it shall be my (our) responsibility to present evidence to
the Board of County Commissioners in the form of sworn testimony, exhibits, documents, models,
plans, and the like pMdIt the request for approval of the Class A Special Use Permit.
APPL CANT SIGNATURE(S)
DATE
NOTE: If title to the above mentioned property is not in the name of the applicant(s), please include a
letter from the owner(s) signifying approval of the request.
FEES: Amount $ Date Paid: / / Receipt#
I:U&"141 MAIVNINU IJIVII)WIV A VA
Orange County Planning & Inspections General Use District
P.O. Box 8181 Hillsborough, NC 27278 Zoning Atlas Amendment
919 245 -2575 FAX 919 644 -3002 /
1. 1(we) Owner CASE#
of
Street Address City
do hereby petition to amend the Zoning Atlas of Orange County.
A) (1-1 r6 2 ri --5! 3 ry'U
State Zip Code Telephone
2. By reclassifying from the Zoning District__ %PLC /� to the Zoning District /�IZL A-A-�
3. The property located e_.14 I / A4- /b.3 i),->/ ,�/
and having frontage(s) along bordering streets as follows
4. Containing acres.
5. TMBL(s)
PIN #(s)
6. 1(WE) UI`?DERSTAND THIS IS A PETITION FOR GENERAL USE DISTRICT ZONING, AND I (WE) MAY NOT
REFER EITHER IN THIS PETITION OR AT ANY HEARING RELATED TO SAID PETITION TO ANY USE
INTENDED FOR THE CASE SITE NOR TO ANY SPECIFIC DETAILS CONCERNING THE DEVELOPMENT OF SAID
SITE.
7,
Owners) Signature(s): we acknowledge the provisions in the Zoning Ordinance for
general use and planned meat zoning and hereby proceed with a general use zoning petition.
8. If petition is executed by property owner, but an attorney or agent
will handle public speaking, etc., please indicate:
Attorney or Agent
City - State
Street Address
Zip
9. Notification signs will be prepared and posted by the Planning Staff when the
rezoning application is scheduled for Public Hearing. The required legal
advertising is also handled for you by the Planning Staff.
IMPORTANT: Only Applications with origiga l signatures
are considered complete. Faxed Applications NOT accepted.
O' Cusrcm PlanWg Vivislonftrm cnml Uss App PormAoo
9
MODIFICATION TO THE EXISTING PLANNED DEVELOPMENTISPECIAL USE
PERMIT — HEARTWOOD AT BLACKWOOD MOUNTAIN SUBDIVISION
Through this application I formally request that Lot 31 R (PIN 9871 -54 -9182) be
removed from the existing Planned Development project and rezoned to Rural Buffer.
I am planning to build the bunkhouse formally approved and want to maintain the ability
to proceed after the approval of the change.
The property in question is currently split zoned, as the result of a property
recombination, Planned Development and Rural Buffer.
I am seeking to have the entire property rezoned to Rural Buffer and removed from the
Heartwood Planned Development so that the part of the lot currently zoned Rural Buffer
can be utilized to provide septic disposal for Spence's Farm, a camp /creative learning
center under my ownership, to the east of the property.
HISTORY:
In 1986 1 obtained a Planned Development permit for a residential subdivision off of
Millhouse Road called Heartwood at Blackwood Mountain. Since this original approval
was issued there were 2 modifications reviewed and approved by the County to allow
for additional phases of the project to be developed. In all, the project involves the
following:
I. Approximately 35 single - family residences developed in 3 phases;
2.The development of an amphitheater, community building to house a creative
learning center /camp, artist's cottages, guest housing, and a manager's house
were approved on (Lots 29, 30, 31, and 32); and
3.A common area with picnic shelter, playground, and trails.
As originally proposed water is provided through a common community well system
while septic systems are the responsibility for each individual lot owner to address.
ISSUE:
For the last 25 years I have operated a day camp/ creative learning center on 2 parcels
fronting along Millhouse Road (PIN 9871 -63 -4353 and PIN 9871 -62 -5788) involving the
various activities:
1. A creative learning center offering before and after school activities /classes,
2. A riding rink for use by the public to learn about horse care and equestrian
techniques,
3. A woodworking center,
4. A gardening center, and
10
5. A summer camp.
These lots, east of what is now designated as Lot 31 R, are not part of the previously
approved Planned Development.
Since 2000, 1 began working with County staff to secure the necessary permits to allow
for the continued operation of the creative learning center on these 2 properties. A
major problem was the lack of available property to support the installation of the
required septic system.
In 2002 1 chose to recombine several parcels of property within the Heartwood project in
an effort to address septic issues for certain internal lots as well as my existing camp
operation.
The plat, recorded at Plat Book 90 Page 181, re- allocated lot area for the project and
established the necessary septic easements for several lots within the project.
This included Lot 31 R, which has the area set aside for the intent of becoming the
location of the necessary septic field for my adjacent contiguous existing camp /creative
learning center.
Unfortunately, planning staff informed me in 2006 that I could not use Lot 31 R to
support my camp as the operation was part of a previously approved Planned
Development. Staff informed me that they could not allow a parcel of property, already
subject to a previously issued Special Use Permit, to be used for a purpose that was not
consistent with that previous approval.
I was given the option of either:
a. Modifying the existing Planned Development by placing the camp under the
restrictions of the existing Planned Development permit or
b. I could remove what is now referred to as Lot 31 R from the Planned
Development, rezone it, and eventually recombine it with the camp property in
order for it to serve the wastewater disposal needs for my camp.
After a review of the situation, which included securing a professional soil scientist to
verify that the lot would serve my needs, I have decided to submit this request to
formally remove Lot 31 R from the Heartwood Planned development and rezone it to
Rural Buffer with the ultimate intent of re- combining the property with my existing camp
to address various septic issues associated with that operation and to build the
Bunkhouse previously approved, now that there a sufficiently sized septic system.
11
This move requires me to alter my master plan of the Heartwood project by removing
this lot and re- defining the uses of the other surrounding lots consistent with this new
vision.
Lot 31 was originally intended to provide for the development of a bunk house to
support the development of a creative learning center within the Heartwood project. As
this portion of the project has been abandoned due to the development of my farm as
the creative learning center, there is no need to have this lot within the Heartwood
project any longer. It will continue to serve its original, intended function by being
removed from the Planned Development and recombined with the farm property and
provide the necessary location for my septic field.
I have discussed this issue with local homeowners who have indicated their approval for
the proposal in an effort to address issues at my camp.
COMPLIANCE WITH THE ORDINANCE:
As I understand this process I am required to provide some explanation of how this
proposal will carry out the intent of the Ordinance. In trying to comply, I would like to
offer the following responses:
• Spence's Farm has served over 10,000 children over the past years and this
modification will bring together all of the properties used as part of its programs
as well as solve the long term problem of providing adequate bathroom facilities.
• This process was initiated to address a long standing septic problem on my farm
property. In fact we are eliminating an existing problem through a sanctioned
process. We have already made preparation to apply for a septic permit from the
State and the county to address the septic needs of the camp,
• There is nothing associated with this rezoning that should alter the provision of
public services. In fact I would argue that this proposal will address public safety
concerns by providing the farm with community bathroom facilities adequate to
serve the farms needs and a viable location for the necessary septic system for
all of the camps needs,
• This proposal will not alter or require the alteration of existing road access for the
Heartwood properties or the camp operation,
• This proposal will not increase traffic on local roadways.
12
Page 1 o I' I
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(PIN
9871549182
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ACTIVE
OWNER TYPE
IOFLAG
OWNERI_LAST
DICKINSON
OWNERl_FIRST
SPENCE M
OWNER2_LAST
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j ADDRESS1
6407 MILLHOUSE RD
1ADDRESS2
CITY
CHAPEL HILL
STATE
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j ZIPCODE
27516
(TOWNSHIP
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4.15
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2049
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#31R HEARTWOOD @ BLACKWOOD P90/181
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08
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860
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0
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860
fTAXSTATUS
A
FARMUSE
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189740
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8/2/2002 12:00:00 AM
TAXSTAMPS
NaN
STAMPVALUE
NaN
YEARBUILT
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NaN
SUBDIVISION_NAME DEER RIDGE
SCHOOL SYSTEM
Orange County Schools
TOWNSHIP_NAME
CHAPEL HILL
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NORTH CARrl*.INA 1
ORANGE C 'Y�i�
COUNTY OF ORANGE
SPECIAL USE PERMIT
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned
property owner, Heartwood of Blackwood Mountain, Inc., 6113
N.C. 86, Chapel Hill, North Carolina 27514, through its
predecessors in title (Spence M. Dickinson and Carolyn A.
Dickinson), having applied to Orange County for a Special Use
Permit for the use and development of the property
hereinafter described, the same was granted by Orange County
on September 2, 1986, the terms of which are as follows:
NAME OF PROJECT: Heartwood at Blackwood Mt.
TYPE OF SPECIAL USE: PD -H -R1
NAME OF DEVELOPER: Spence M. Dickinson, Carolyn A.
Dickinson and Heartwood of Blackwood
Mountain, Inc.
spk,agc ass r e;wtT 4-)l26TEh. or 986'- cj(-MH/LC.
DESCRIPTION OF PREMISES
LOCATION: West side of Mill House Road (SR 1725)
TAX MAP REFERENCE: Chapel Hill Township, Tax Map 19, Part of
Lot 26A
DESCRIPTION OF N�
PROPERTY: All of the 35.95 acres shown on the plat
and survey by James H. Holland, Jr.,
Registered Land Surveyor, entitled
"Boundary Plat, HEARTWOOD at BLACKWOOD
- MOUNTAIN, dated Februar 26, 1988, and
recorded on Plat Book 0, Page Sa ,
of the Orange County Registry.
1144W,k-4 !h C-
6,//-3 /1 G Sc
CSC- 9 /1k- k c a2?r,111
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NC
ORtu.vECCOUNTYA 2 "CY f25 ;ACF 301 2
SPECIAL TERMS AND CONDITIONS
The Board of Commissioners of Orange County approved granting
a CLASS A SPECIAL USE PERMIT FOR A PLANNED DEVELOPMENT -
Housing -Rural Residential on September 2, 1986. The property
subject to this SPECIAL USE PERMIT is owned by Heartwood of
Blackwood Mountain, Inc. and particularly described in a
deed to Heartwood of Blackwood Mountain, Inc. recorded in
Deed Book 625 Page 444 of the Orange County Registry. The
terms herein contained are binding on the present owners,
their successors in title and interest, until such time as
the project herein described is no longer zoned PD -H -R1 or
the conditions herein are otherwise changed by government
action. This Planned Development shall be constructed in
accordance with the Site Plan for Heartwood at Blackwood
Mountain dated 4/11/86, and last revised 3/8/88, the
narrative statement of the project and all other documents
pertaining to the project, including all landscaping plans,
erosion control plans, utilities plans, and building plans,
all of which are incorporated herein and made a part of this
Special Use Permit. This Planned Development shall also be
maintained and constructed as required in Section 7.14 of the
Orange County zoning Ordinance and prescribed in the special
conditions listed below. This Planned Development- Housing-
Rural Residential (PD -H -R1) project is subject to the
following special conditions:
1. The grantee of this Special Use Permit shall post
with Orange County, in a form acceptable to the
CU
17
18
NORTH CAROLINA °j,r. I25 ;''.+-r 308 3 � <'
ORANGE COUNTY
County Attorney, a bond or letter of credit in an
amount equal to the cost of all improvements
(roads, utilities, pedestrian walkways and
community facilities) plus 10$. The amount shall
be determined on the basis of fully executed
construction contracts or certification by a
registered engineer employed by the grantee of this
Special Use Permit. Security for construction of
the improvements in this project may be according
to phasing of the project. Specifically, as
improvements are completed in each phase a
corresponding amount of money may be released from
the security instruments or the security
instruments may be renegotiated based on the "yet
to do" portion of the improvements.
2. Security shall be provided for the grading, paving
and stabilization of all cleared areas, streets and
other vehicular travelways; pedestrian walkways;
erection of street signs; utilities installation
and hookup; recreational facilities; and
landscaping.
3. All necessary easements to permit utility
(electricity, telephone and cable television)
installation, servicing and hookups to the
development and to each unit within the development
shall be provided at no cost to the utility
provider.
4. The grantee shall create a landowners' association
and promulgate restrictive covenants and
landowners' association bylaws governing the
development satisfactory to the Orange County
Attorney and shall record copies of the documents
promulgated under this condition in the Orange
County Registry of Deeds.
5. Roads, parking areas, walkways, street signs,
utilities, recreation facilities and sites,
landscaping of the community center and its
associated parking facility shall be maintained as
constructed. All such improvements and facilities
shall further be maintained and operated in a safe
manner.
6. The following conditions apply to the road and
parking facilities:
a. Road name signs to Orange County standards
shall be erected at all intersections.
b. The private road serving the community center
shall terminate in a cul -de -sac. The parking
NOV CAROLINA anrr 725 W" nj 4
OR: COUNTY v JI
facility for the community center shall access
off the private road, but not the cul -de -sac
itself.
C. The private road serving the community center
shall be constructed generally to Orange
County Class A private road standards, but
shall be hard - surfaced in compliance with
NCDOT minimum Construction Standards for
pavement design for subdivision roads. The
private road shall be subject to a road
maintenance agreement submitted to and
approved by the Orange County Attorney prior
to the recordation of the Final Plat. The
agreement shall be recorded with the Orange
County Register of Deeds.
d. Sight triangles in compliance with NCDOT
requirements and Article 9 of the Orange
County Zoning Ordinance shall be provided at
all road intersections and shall be designated
as part of the right -of -way.
e. Two parking spaces meeting the dimensional
requirements provided in Article 10 of the
Orange County Zoning Ordinance shall be
provided for each dwelling unit.
The location of these items shall be approved by
the Zoning Officer and shown on the revised site
plan.
7. The following conditions apply to the recreation
area and facilities:
a. Tot lot /playground area to include play
apparatus for children, ages preschool to 14
(i.e. swings, slides, climber; whirl) and
benches for adult supervision. Some shaded
areas are to be provided within the tot lot
area. The tot lot area shall be
defined /enclosed with a barrier.
b. Picnic area to include a small shelter with
3 -4 tables. One (1) trash receptacle and one
(1) grill per 2 tables.
C. Provide one (1) parking space for each
dwelling unit. Provide one (1) handicapped
parking space for every 10 spaces. Parking
spaces shall meet the dimensional requirements
of Article 10 of the Orange County Zoning
Ordinance. Handicapped parking spaces shall
be barrier free and identified for use by
[a
19
NORTH CAROLINA e,rr /z „7 310
ORANGE COUNTY
individuals with physical disabilities. The
handicapped parking spaces shall be a minimum
of 12' in width and shall be designed as
follows:
(1) so that handicapped individuals are not
compelled to wheel or walk behind parked
cars
(�) so that handicapped individuals can enter
and exit the vehicle onto a level surface
suitable for wheeling and walking
(3) in conjunction with sidewalk cut -aways
and /or ramps, in compliance with the
North Carolina State Building Code.
d. The parking area shall be screened and
landscaped in accordance with Article 12 of
the Orange County Zoning Ordinance.
e, Construct all walking and hiking paths with a
minimum width of 4 feet and on slopes no
greater than 5 %. Construct all riding /hiking
trails with a minimum width of 6 feet with a
minimum of 2 additional feet on either side
cleared of brush or vegetation and 10 feet
overhead clearance.
The location of these items to be approved by the
Zoning Officer and shown on the revised site plan.
8. The following conditions apply to the lot
arrangement:
a. Each lot platted on the Final Plat shall
include the area associated with the building
site and the septic tank, including the
nitrification lines and repair areas except
for the easements shown on the Final Plat of
Phase I on Lots 5, 10 and 12. Where the
septic tank /nitrification lines /repair area
are to be located off the property subject to
this special use permit, appropriate easements .
shall be platted and recorded with the Orange
County Register of Deeds along with the legal
descriptions and easement agreements submitted
to and approved by the Orange County Attorney.
b. All lots shall have Health Department approval
prior to the approval of the Final Plat.
C. For each structure exceeding 25' in height an
additional one (1) foot side and front setback
NORTH CAROLINA �,44 21
'GE COUNTY ��C' 725 ±�: a 6
for every two (2) feet of additional height
shall be designated on the Final Plat.
The location of these items is to be approved by
the Zoning Officer and shown on the approved final
site plan.
9. The location of the community wells shall be
approved by the N.C. Department of Human Resources,
Division of Health Services, and shown on the
approved final site plan prior to the issuance of
the Special Use Permit.
10. All final plans for drainage, soil erosion and
sedimentation control shall be reviewed and
approved by Orange County and depicted on the
approved final site plan prior to the issuance of
the Special Use Permit. That plan shall include
designation of drainage easements of a width
specified by the Erosion Control Officer along the
creek and intermittent stream. In addition, Orange
County shall inspect the installation of control
devices and the ongoing work for the total project.
The project shall at all times meet the
requirements of the Orange County Soil Erosion and
Sedimentation Control Ordinance.
11. Construct and maintain stormwater devices to
control the peak rate of runoff from the community
center and artist bungalows. The detention devices
shall be designed and constructed so that the peak
rate of runoff after development will not exceed
the pre - development rate for a 20 -year 24 -hour
storm and for storms of greater intensity.
12. Grading on the site shall be kept to a minimum.
Existing vegetation shall be maintained between
units. Clearing shall only be conducted for
purposes of installing roads, utilities and other
improvements until the improvements have been
installed and the developer conveys title to the
property to the individual property owners
purchasing three or fewer lots.
Existing vegetation shall not be removed from the
area within 50 feet of the Duke Forest property
line.
13. Final landscaping plans shall be submitted and
approved by the Zoning Officer prior to the
effective date of the Special Use Permit.
14. That all signs be erected in compliance with
Article 9, Signs, following issuance of a building
NORTH CAROLIN" e)" 725 ,A;
ORANGE COUNT'
. 34121
permit and prior to the issuance of a Certificate
of Occupancy for any unit. No sign may be erected
within the sight triangles for the entranceway to
the development.
15. That all structures be erected in compliance with
applicable building codes following application for
and issuance of building permits.
16. The developer shall coordinate mail service with
the ' Postmaster prior to the initiation of
construction.
17. A final boundary survey of the Planned Development
and all improvements and easements (roads,
utilities, drainage, sign) shall be recorded by the
developer. 4
18. The approved final site plan and narrative of the
project incorporating all changes, deletions and
additions through the final approval of the project
are incorporated herein and made a part of this
Planned Development Special Use Permit. A copy of
the approved final site plan and narrative are on
file with the Orange County Planning Department.
Grading and building permits, upon application,
will be issued after approval and recordation of
the Special Use Permit.
19. The development shall be built and operated
according to the site plan and written narrative
supplied by the developer and in compliance with or
fulfillment of the above conditions and the Orange
County development regulations and ordinances.
20. If any of the above conditions shall be held
invalid or void, then this special use permit shall
be void and of no effect.
r,
;ii
i
If CAROLINA
C ;E COUNTY 725 iS(t 8
IN WITNESS WHEREOF, Orange County has caused this instrument
to be executed in its name as evidence of the issuance of
said permit, and the undersigned being all of the property
owners of the property above described, have executed this
instrument in evidence of their acceptance of said Special
Use Permit as a covenant running with the land.
ATTEST:
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23
ORANGE OUNTY
By:
Jo Li , Jr.
C my Manager
ATTEST•
Beverly B the, /o
(OFFICIAY; ,AL.
Orange County Board of
Commissioners
:.
ACCEPTED:
HEARTWOOD AT BLACKWOOD MOUNTAIN,
INC.
Owne - President
ATTEST:
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(CORPORATE =$.
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Drafted by: Orange County Planning
Department
Form and Content Approved by:
Heartwood of Blackwood
Mountain, Inc.
�s
By: lv�t
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_
Pre iden�
ATTEST:
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23
NORTH CAROLINA 7�3 �I'
ORANGE COUNTY ti;r i 1 G5 v ��
!�:
I, 5 Ivia T. Clements a Notary Public in
_ .
and for said County and StaEd do hereby certify that John M.
Link, Jr., County Manager of Orange County, and Beverly
Blythe, Clerk to the Board of Commissioners, personally
appeared before me and duly sworn says each for himself or
herself that they know the official seal of the County of
Orange and that the seal of the County of Orange was affixed
to the document by Beverly Blythe, Clerk to the Board of
Commissioners and that they subscribed their names thereto;
that the official seal of the County was affixed by virtue of
a resolution of 'the Board of County Commissioners, and that
said instrument is the act and deed of the County of Orange.
IN WITNESS WHEREOF, I have hereunto set my hand and
Notarial Seal this the _I day of Wjo&u
NOTARY PUBLIC
My Commission Expires.',-''`
xpires:' '' �a
NPRTIJ CAROLINA ^�'' .,.^
COUNTY .�
r�,R is is to certify that on t da of G ,
19_, before me personally came ,
who, being me duly qr , ^says that he is the ,
that i 1 is the
of Heartwood Blackwood Mountain, Inc.,
he corporation described in and which executed the foregoing
instrument; that he knows the common seal of said
corporation; that the seal affixed to the foregoing
instrument is the common seal, and th name of the
corporation was bscr' ed t r by the �r(li5n i-'AA✓1
oad that sa' and
subscribed their names
th reto and this- common seal was affixed, all by order of the
Board of Directors of said corporation, and that the said
instrument is the act and deed of the corporation.
IN WITNESS WHEREOF I have h eunto set my hand a d
Notarial Seal this the day of 10 [f , 19
L 4"t_
PE
NOTARY PTJgLIC
My Commission Expire zu NOTARY v `
2 'L o PUBLIC U
C yy?
NORTH CAROLINA - ORANGE COUNTY
The foregoing certificate(s) of
Sylvia T. Clements and Elizabeth Pega Latta, _
EKN8W1lK Notaries) Public of the designated Governmental units "re) certified to be correct. Filed for registra-
tion this the 19th day of May 19 88 . at 10:16 o'clock, AM
in Record Book 725 Page 306 Batt une Hayes, Re ister o Deeds
By: -.,/
Return: J AssistantrDeputy
Register of Deeds
d-
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mss.. w
. I
25
Prepared By 8 Return To: John A. Northen: Northen. Blue Law Firm
P.O. Box 2208. Chapel 0111, NC 27515 -2208
STATE OF NORTH CAROLINA
COUNTY OF ORANGE W l
:725 ��:-
-�$
DECLARATION OF RESTRICTIONS EAS Nra AND
PROVISIONS FOR PRIVATE ROAD MAINTENANCE
THIS DECLARATION, made this 18th day of April, 1988, by HEARTWOOD OF
BLACKWOOD MOUNTAIN, INC. ( "Heartwood "). 8113 NC 88, Chapel Hill, North
Carolina 27514, and SPENCE DICKINSON and wife, LYN DICKINSON ( "Dickinson ").
Route 2, Box 419, Chapel Hill, North Carolina 27514, hereinafter referred to
as Declarants;
W I T
WHEREAS, Heartwood Of Blackwood Mountain. Inc. is the record owner of
Heartwood Subdivision, as shown on Boundary Plat recorded in Plat Book
It
_Tj1
at Pages Orange County Registry, and Dickinson are the record owners of
certain property described In Plat recorded in Plat Book 34, at Page 102,
Orange County Registry, less and except that Portion thereof heretofore
conveyed to Heartwood; and
WHEREAS, portions of the property hereinafter described in Article I
will have access to Heartwood Drive via the private road shown on said plat.
a
known as Pathway Court: and
_ -
WHEREAS, Declarants, by this Declaration of Restrictions wish to bind
themselves, their successors and assigns to provide all owners of any
F_
portion of said property owned by Declarants r etual in
De P gress, egress and
i
No"Hem. awc urns
regress to Mulhouse Road (S.R. 1728) and the public roads now or hereafter
0301M TMUAW
_ e.NOgeaoN
existing within Heartwood Subdivision: and
iY, •nO11hCIf �T {MY
CM11/li. Mau. a. C.1 »Y
WHEREAS, Declarants, by this Declaration of Restrictions wish to bind
a
themselves, their successors and assigns to provide for maintenance of said
d-
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mss.. w
. I
25
ii
-2-
725 Flf_ 6M'
III roads within Heartwood Subdivision until such time as the said roads are
III
I accepted by the State of North Carolina for maintenance:
NOW THEREFORE. Declarants agree for themselves and with any and all
persons, firms, or corporations hereafter acquiring any of the property
described in Article I below that the same shall be subject to the following
restrictions, conditions, and covenants which shall run with the said
property and Inure to the benefit of and be binding upon the heirs.
successors, and assigns of Declarants and other acquiring parties and
persons.
ARTICLE I
The real property which is or shall be held, transferred, sold, and
conveyed subject to the protective and restrictive covenants and easement as
set forth in the various articles of this declaration Is located in Chapel
Hill Township. Orange County, North Carolina, and is more particularly
described as follows:
BEING all of Heartwood Subdivision, according to plat and
survey recorded in Plat Book — y at Page '"-J, Orange
County Registry, and certain property described in Plat
recorded in Plat Book 94, at Page 102, Orange County
Registry. to which Plats reference is hereby made for a
more particular description.
ARTICLE II
Declarants hereby reserve unto themselves and grant unto the future
record owners of portions of the aforesaid property adjoining Pathway Court,
which abuts Heartwood Drive, as shown on said recorded plat, a right of way
NOKT M BLUE urnr. over and along said road for the purposes of providing a perpetual means of
NOOKS. TN,SAVr
A ANOdISOM ingress, egress and regress to and from such property and for the purposes
wn"asw n w
of installation and maintenance of utilities.
W-
Nom"M s,, . urrLs.
FAXWM TMeAYf
• ANOOIJON
.ssoNNan ., 4A+.
lN..« NNL N.6 27".
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esc�:725 a� W9
ARTICLE III
Declarants, so long as they shall be the record owners of the aforesaid
property, shall be responsible for the maintenance of said road as herein
provided: provided however, the collection of assessments and enforcement of
the provisions of this Agreement may be delegated and assigned by any
Declarant to the Heartwood Landowners' Association. Inc.
ARTICLE IV
Each record owner of any of the aforesaid property (the Dickinson lands
and Lots 30. 31. 32, and 33) adjoining the aforesaid private road (Pathway
Court)shall bear on a pro -rata basis the cost of maintaining said private
road, this being each owner's pro -rata share for grading costs. gravel, or
rock hauled in to fill ruts, holes, and washed out sections. repair or
replacement of pavement, and necessary replacement of or additional drainage
culverts: provided however. the Dickinson lands referenced above shall be
subject to assessment only from and after the date of subdivision thereof
subsequent to this Agreement, and then only the lots thereby created shall
be assessed. Portions of the Dickinson lands reserved for future
development shall remain exempt from assessments until subdivided or
developed. Written notice of all proposed maintenance shall be made to all
owners of record at their last known address. Pathway Court shall be
constructed and maintained to Orange County Class A standards. but
hard - surfaced in compliance with North Carolina Department of Transportation
Minimum Construction Standards for pavement design for subdivision streets,
from the point of its Intersection with Heartwood Drive a distance of
approximately 170 feet In a northerly direction to the southern boundary of
N
27
-4-
exY 725 ._ U9
the Dickinson lands. Maintenance and repairs necessary to keep the said
road to the required standards set forth above shall be approved by a
majority of the votes cast with respect to the proposed maintenance.
provided that for this purpose each owner shall have one vote for each
"point" assigned to his property. Each owner's pro -rata share of the
:here aintenance costs of said private roads shall be computed by a point system
by one point is assigned per each acre owned, or greater portion
thereof, and each owner's share shall be In the proportion of his total
points to the total points on the aforesaid property, subject however to the
exemption for undeveloped portions of the Dickinson lands as set forth
above. Each owner's pro -rata share of the maintenance cost of said private
road shall be due and owing to the Association or whoever has at that time
responsibility for maintenance of said road within 30 days of the completion
of the work. If not paid by that time, said costs together with attorney
fees incurred in the collection thereof may be reduced to a judgment and
shall become a lien on the land of the defaulting owner of record.
ARTICLE V
In the event that the said private road is extended within the aforesaid
property, the costs of maintaining the entire road system shall be borne by
all the owners of the property abutting or adjoining said road system on the
point system set forth above; provided, however, that the initial costs of
constructing any extension of the roads shall be borne solely by the owners
of the portion of said property abutting said road extension.
NORTNOi. SLLL UTTM
ROOK&HNSAvr ARTICLE VI
i ANOMOON
•"°"""'° "" Declarants jointly and severally reserve the right to dedicate to the
CM•Kl "ry,. w. Q. �i�Y
public all or any portion of said private road or any extensions thereof.
.=
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NOWMCH. SW IL Urn.t
AOORS. TNOAUT
a ANDERSON
AnOA,.iIf --
CMAMG M4i 1,. C flfu
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In the event Orange County or any other governmental body, as a condition to
the approval of any further subdivision of the property described in Article
1, requires said private road to be upgraded above the above described
standard or publicly dedicated and constructed to Department of
Transportation standards. then. in that event. Declarant and all persons
taking title to the property described in Article I and abutting or
adjoining such road system shall be responsible for maintaining and the
costs of maintenance of the entire road system to the new standard on the
point system described In above; provided, however, that the initial cost of
constructing the road or any portion of the road to a higher private road
standard or to Department of Transportation standards shall be borne solely
by the owners of that property, the subdivision of which triggers the
requirement that the road or any portion of it be upgraded. In the event
public dedication of the said private road or any extension or portion
thereof is required for any reason by Orange County, Declarant and all
persons taking title to the aforesaid property from and through Declarant
shall publicly dedicate the portion of said road required to be dedicated.
ARTICLE VII
The private road located within said property may be dedicated to the
public at the election of the owners in,the event dedication is not required
by a governing body as set forth above. In that event, the owners and their
successors in title and Interest to any of the property described herein
sIll remain responsible for road maintenance as herein provided until such
time as the road dedicated 1s maintained by the North Carolina Department of
Transportation or other governmental body.
i-
29
-6-
72" Sit
o;i- -'7 clrc
ARTICLE VIII
This agreement shall run with and be appurtenant to the land and shall
be binding upon the heirs, successors, and assigns of each owner of record
of the aforesaid property.
ARTICLE IX
This agreement shall remain In full force and effect until such time as
said road or any portion thereof is taken over by the North Carolina
Department of Transportation for maintenance purposes, and any portion of
said road not so taken over shall remain subject to this agreement and for
said portion this agreement shall remain In full force and effect.
IN WITNESS WHEREOF, Declarant has caused this instrument to be signed on
the day and year first above written.
HEARTWOOD OF BLACKWOOD MOUNTAIN, INC.
�POgGW¢� B�
3 ,t�� _ y r�Da 4,-.
„om�'
:�� EAL :mo t V.C.1t
• ' -' f i! _ Attest:
(SEAL)
Spen Dickinson
Lyn Olckinson
NOIRIQN. PLUL Ln-n.e
NOO#M TNIaAUT
• ANOOIlON
A� AT uw -
WNK MKL N.4 1114
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725 613
STATE OF NORTH CAROLINA
COUNTY OF r t
1, a Notary Public of the County and State aforesaid, certify
that Lyn �1'o'1'xiYxr) personally came before me this day and acknowledged
that ti he is +w d Secretary of HEARTWOOD OF BLACKWOOD MOUNTAIN. INC., a
North Carolina corporation, and that by authority duly given and as the act
of the corporation, the foregoing instrument was signed in its name by
its ..< :7- President, sealed with its corporate seal and attested
by her as Its Secretary.
Witness my hand and official stamp or seal, this the q day
of �y\ 1988. *Sot(
�` 'te a"�P Mifys
My Commission Expires:
Notary Public
pUBU�
STATE OF NORTH CAROLINA
COUNTY OF''`•n,F
I, a Notary Public of the County and State aforesaid, certify that
SPENCE DICKINSON.and "LYN DICKINSON, personally appeared before me this day
and acknowledged the execution of the foregoing instrument.•
wit eas my hand and notarial seal, this the 9_ day
of 1888.
My Commission Expires: 1.2!Z
N ary Publ c
.i ..
NORTH CAROLINA — ORANGE COUNTY
The foregoing cartifieatels) of
Sheila Dawson Michael and John A. Northen,
AgAmxiOXytXUNotanes) Public of the designated Governmental units fi fare) terrified to be correct. Filed to
lion this the 20th day of
May - 19 88 , at 12:44 o'clock, P
In Record Book 725 Page 6D % -- Betty *Hyes. of eds
By:
Retum: ds
4•
31
32
TO: Heartwood Neighbors and Friends June 26, 1992
FROM: Spence Dickinson, HEARTH Foundation Institute
RM e
We are pleased to inform you that after more than 10 years of planning and working to
bring a vision to life for the community, the HEARTH Foundation Institute Creative
Learning Center is becoming a reality. We are excited about sharing this news with you and
invite you to share your hopes, dreams and visions with us -- as they relate to the Creative
Learning Center. What would you like it to be for you? How would you like it to enhance
the quality of your life and, most importantly, the life of your family?
Today, economic pressures and a pre - occupation with material gain have diminished the
time and resources dedicated to building successful living relationships. The Creative
Learning Center provides a place and a process to facilitate both... skills and education to
meet material needs... better personal and community relationships to meet individual and
family needs.
To help give you a clear picture of how the HEARTH Creative Learning Center will
accomplish this mission, we have enclosed several documents which describe the purpose,
the plan and the facility. F. mt you will encounter the words as originally drafted to state
the vision and purpose of the Creative Learning Center. You will see how the concept has
remained the same and, at the same time, how it has matured to reach out to the needs of
all our neighbors and community. 1YczL architectural drawings show the location and the
nature of the facility. TAt& we have included a diagram of how HEARTH and the CLC
receive input from the community, provide activities in response to the community and, in
turn, help the community enlarge it s frame of excellence and quality of life -- as
represented by the larger circle at the bottom of the drawing.
Please keep in mind that the Creative Learning Center is an ongoing process and as such it
will be five or ten years before it is fully developed. However, we are starting off on a solid
footing, with the advice and expertise of many members of the community -- both in the
private and public sectors, in trades, crafts and professions. You also can be partners in the
vision and share in the efforts to bring the vision to life and are certainly invited to do so.
The planned activities for the remainder of 1992 are to: (a) Get the building up and (b)
Start a wood recycling project by the landfill. In the commg year, we see the facility being
available for Homeowner Meetings, Waldorf School Activities, workshops and community
functions and gatherings, such as the Friday Night Contra Dances.
As envisioned in the HEARTH documents and bylaws, the organization and facility can be
a vehicle to transport individuals, families and our community to additional life
experiences. Within the HEARTH vision, you may certainly recognize some of your own
personal dream. Or, you may wonder whether the dreams you have can be included? After
review of the enclosed documents, if you feel you need any additional clarification, or you
would like to add your insights, please feel free to call us: Spence Dickinson at 933 -9090,
Dawn Bodo (929- 7457), Dave Laudicina (929 -5183) or R. Dean (968- 1152.)
In addition, we invite you join us at the Heartwood Pond & Amphitheater on Sunday, July
x7 at 6:30 PM for refreshments, a short presentation and an opportunity to fully discuss
o� the Creative Learning Center building and activities. Feel free to bring any interested
friends. We look forward to your input as potential receivers of and contributors to the
community benefits of a thriving gathering place and educational activities center.
Cordially,
33
1992
In today's terms, the Creative Learning Center
has more to offer than ever.
The Creative Learning Center as a concept, a facility and life - enriching activities will be
able to not only meet the needs of Heartwood, the Waldorf School and the
neighborhood and the surrounding community. Under the HEARTH Foundation
Institute, several programs are taking shape to support the vision and add to it in terms of
rich experiences, human and material resource development and finances.
Because we aren't big commercial real estate developers, but homeowners and family people
like you, we see the development of the Creative Learning Center as an opportunity to
develop a place-that will extend the living space and quality -of -life experiences for every
Heartwood and nearby resident. As such, the CLC will be a convenient and vibrant
recreational space where families and members of the community can spend time together;
a place to go for an afternoon or evening or drop in on a workshop, lecture or pick -up
basketball game.
It's a place where people from the community can host a party, hold a class in an area of
interest or expertise or even hold a club, community or public meeting. It can and will
support all activities that will help the individual, family, group and community grow and
develop more positive relationships and enhance the ability to lead a productive, joyful
personal and community life to the greatest degree possible. Arts, crafts, music, recreation
and education are seen as a means to this end. And -- the Creative Learning Center is the
means by which Energy, Time, Teaching and Facility all come together to make positive
life- growth possible.
34
1986
The Creative Learning Center
The Creative Learning Center is an enduring concept that has remained virtually
unchanged since these words were written several years ago. These are the words from the
original Heartwood brochure.
"The Heartwood Vision calls for establishing a Creative Learning Center.
The Creative Learning Center is really much more than a building. It is a
means of establishing a creative context within which we can explore our
potential, the potential of our relationships, our environment, our world, the
arts and much more. This exploration can take the form of building a tree
house, learning how to milk a cow, attending a workshop in the healing
properties of herbs, or dance. The possibilities are unlimited. By working
with the Center, you have the opportunity to implement an idea or program
which inspires you.
Operating as a non- profit organization -- financially independent of
Heartwood, the Creative Learning Center, will provide many life- enriching
experiences (For individuals and families) through the programs it offers.
The Center will have a manager to orchestrate its many recreational and
educational activities, both inside the building on the premises and at the
nearby ball field -- ranging from human potential and growth seminars to
after - school programs for the community's children, from exercise classes,
basketball, to yoga- meditation weekends, Saturday night dances and
seasonal festivals. The Center will provide adjacent workshop and studio
space where artisans may arrange to work as well as teach their crafts to
others.
Heartwood residents (and other nearby residents) will be invited and
encouraged to participate on all levels of HEARTH and the Creative
Learning Center. A Heartwood Homeowners Association office and a
recreation room are planned for the Center building for the use by residents
of Heartwood (and other participating nearby residents, as well.)"
That was 1986. What about now?
35
VO
The Creative Learning Center Vision
"We choose ....
that the gift of this land from the creator find its universal , highest and best use at
this time.
that, as caretakers, we facilitate the conscious co- creation of a living environment in
respect and harmony with the planet, the surrounding communities and itself.
that, as neighbors, we create an atmosphere of love, and trust in which all may
experience growth and joy.
that the creative learning center become an expression and focus of that growth and
joy
that, through inspiring meaningful work, we are spiritually, physically, and
materially fulfilled. "
With these words, six years ago we set out to create and build a vision. So far, what has
been born of our quest is the renewed Dickinson Farm, Heartwood Phases I, II and III, and
the Waldorf School. A great start. But just that, a start. Now the element that binds all
those, you our neighbors and so much more together is about to come to life... the
HEARTH Foundation Institute and with it, a facility for exciting and supportive activities
in which all of our neighbors may participate and benefit.
36
The Guiding Principles:
Our Statement of Purpose
To understand how far reaching and multi- purpose the Creative Learning Center can be,
consider the core purpose of the HEARTH foundation as stated in its founding documents
Purpose: Create an educational Institute where people can gather to learn about
the importance of the native concept of community to our development as
twenty -first century natives of Planet Earth -- and reflect upon their
relationships with themselves, each other, family, community nature and spirit.
Not just a facility but ...
a community- serving organization.
The core of the HEARTH Foundation Institute, as mandated by its purpose, is the Creative
Learning Center, which is both a facility and a community service organization that offers
its facilities and staff in support of the community and other non - profit groups whose
activities conform to the purposes and vision of HEARTH . This means that programs will
not just stress arts, crafts, recreation and seminars -- which are seen as important to
building self - esteem and value for every person in the community: - but will also be
committed and directed to the positive development of relationships, team work, personal
and community growth, problem solving, planning and organization, time management,
employee skills and ... just what does it mean to be a Contemporary Twenty -First Century
Native of Planet Earth?
Sometimes Free -- Sometimes a Fee
Some activities will be free for members of HEARTH. Others will involve a modest fee.
Fees would vary, depending on the type of membership a person maintains with HEARTH.
Participation and membership is on a voluntary, dues - paying basis. Member fees will be
low. Guest fees and fees for outside groups and individuals will be higher.
Needy individuals (not just financially needy) will have the opportunity to participate in the
HEARTH Work Scholarship Program (described later in this packet) to earn the fee for a
class or activity.
37
The Facility
In looking at the attached drawings and plans, you will note that the Creative Learning
Center will be located on a seven acre parcel of land between Blackwood Mountain Road
and Manor Drive with a vehicle entrance from Millhouse Road.
If you were to stand on the east side of Millhouse road and look across to the Creative
Learning Center, you would have to look twice to see it, because it will be (like Heartwood
residences) nestled into and environmentaIIy like the terrain. The gravelled parking lot will
be at the south end of the site. The building will front onto the baseball field. Natural
settings and tree lined boundaries will be maintained.
On the inside of the 10,000 square foot building, a perimeter of meeting rooms, class rooms
and offices encircle the multi- purpose main gathering space. The main gathering space can
be a basketball floor one moment, a yoga class the next, a banquet hall for a wedding or a
dance floor for square and contra dancing. There will be no smoking or illegal drugs
allowed on the premises. Also, other than weddings or other excepted events, alcohol will
not be served at the facility.
This facility was designed by John Hartley; Architect/Builder whose company
Environmentally Responsive Shelter (ERS), designed and constructed the community,
residences and facilities that comprise Heartwood on Blackwood Mountain. It is John's
goal to maintain the Heartwood harmony of design in all Creative Learning Center
buildings, and invites you to address your input or questions to him at the ERS offices, next
to Sunrise Market on Highway 86 or by phone at 942 -0077.
Facility Capabilities
As mentioned earlier activities inside the facility can be of vast variety from quiet
conversational gatherings, to learning music, to community meetings, classes and dances:
Inside, the facility will have one large meeting room and four smaller meeting rooms. Each
of the smaller rooms will be able to support specialized activities such as: Movement classes,
Art and Music. The facility will also be wired to provide the latest in aidido -video
technology for meetings and entertainment.
Outside, the Creative Learning Center will offer outdoor activities for children and adults
ranging from a play structure, horseshoe pit, volley ball to baseball at the adjacent ball
park. Further, HEARTH owns an additional seven acres above and behind the Dickinson
farm, and has access to an adjacent fifteen acres to accommodate special activities or
expansion as the needs arise.
38
The HEARTH Foundation Institute
Work Scholarship Program
HEARTH is developing other programs off site of the CLC's facilities. Many of these types
of programs have been used in conjunction with various abuse prevention programs and
are very good in developing self- esteem, teamwork and positive relationships.
In the past, people in communities realized that everyone was needed and necessary and
that everything and everyone was considered a resource. Elders for their knowledges and
experience. Young people for their promise, enthusiasm and energy. Materials for their
utility. It is the desire and design of HEARTH Work Scholarship Programs to bring
together all three of these resources to affect training, renewal and economic support.
Training for individuals over twelve years old as well as their families will help each to gain
self esteem, learn team work and attain an awareness and understanding of what it takes to
become.a positive, contributing member to our community. Renewal will result for elders
through sharing their experience and knowledge. And, Economic support will come from
services offered, products produced, recycled items sold through the HEARTH Wood
Thrift and Crafts Shop. Equally important, and in the process, the Work Scholarship
Programs will rekindle respect for and appreciation of all individuals and the part they
play in the local and global Earth community upon which we all depend.
HEARTH Cycle
Wood Recycling Program
HEARTH Cycle is a recycling program that encourages respect for two of our basic
resources -- wood and working with our hands. By keeping wood out of the landfill and
operating a thrift shop dedicated to recycling construction and wood materials, HEARTH
Cycle will manage all types of wood and construction materials as a valuable community
resource The personnel in the program, however, may be the most important part of the
program. Successful individuals will be hired to manage the recycling part and also train
individual work- and life- skills.
As proposed, the Wood Recycling Program will enter into a contract with Orange County
Solid Waste Management to maintain a retail salvage and buy -back yard for usable wood
and construction wastes. Under the contract, the county would provide a 1 acre gravelled
lot with an entrance adjacent to the current and/or future landfill site and notify each
person pulling a permit that, for a fee, HEARTH would clean up usable construction
materials and timber at a site or the permit holders can drop it off free at the yard. An
additional contract is proposed to grind sheetrock and brush for storage at the landfill for
future use in compost making. The contract would also include an amount of funds to hire
a staff to manage the yard, including a part time secretary/bookeeper and two project
managers to cover the shop's open hours. HEARTH will be open to any source, including
working with county, state and private groups for appropriate applicants to work within
the program.
Through the Wood Recycle project and the ensuing Wood and Crafts Thrift Shop, we
believe we can make the work of recycling one worthy of respect and 013f: useful as a way to
support and elevate self esteem as well as a way to reap the benefits of better use of material
resources that, to date, have been considered just garbage.
39
The HEARTH Wood and Crafts Thrift Shop
The HEARTH Wood and Crafts Thrift Shop will offer for sale raw materials as well as
finished crafts and products made from the materials obtained through the Wood
Recycling Program. Raw materials can include: insulation, nails, used boards and logs
(made into boards and firewood).
Together with the CLC, HEARTH Cycle and the HEARTH Wood and Crafts Thrift
Shop, all of our efforts as individuals and as a community will work together to create and
share a "common wealth" which will not only support and underwrite activities and
facilities but enrich all participants, the surrounding community and our most precious
resources ... people.
REACHING OUT FOR
THE COMMON WEALTH
This is what HEARTH and The Creative Learning Center are all about. And ... you are
invited and welcome in every way to be a part of it.
All in all, the facility and its activities will be as dynamic and rewarding as the degree of our
involvement and utilization. If we desire much of it, much will be returned ... so much
that it may stand as a model for more Centers like it all across the country. But, more
importantly , we -- much like the original natives of North America -- may find new positive
life experiences by heeding our need to reach out to, receive from and give to other people
and another culture , as is reflected in this the verse of this young Navajo poet :
Istand upon mymiraclehill,
Wondering of theyonderdistancc
Thinking, When willlreacb Them?
Island upon mymiracle hill.
The wind whispers in my ear.
Ihear the songs of the old ones
Island upon mymir-aclehill
My loneliness wrapsaroundme.
It is my striped blanket.
Island upon mymiracle hill.
The bluebird that flies above
Leadsme tomyfriend, the whiteman.
I come again to my miracle hill.
At last, Ikno w the al/ ofine --
Out them, beyond, and hem upon myh1B
-- Emerson Blackhorse Mitchell
From John R. Milton
The American Indian Speaks
Dakota Press
University of South Dakota, 1969
40
HEARTH
Foundation Institute
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VOTE: UNANIMOUS.
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey .
to approve the minutes for August 19, 1986 as corrected.
VOTE: UNANIMOUS.
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey
to approve the minutes for August 25, 1986 as circulated.
VOTE: UNANIMOUS.
E. RESOLUTIONS OF APPRECIAT12H
1. 2OHN GASTINEAU
The following resolution was presented to John Gastineau by Chair
Willhoit on behalf of the Board:
RESOLUTION OF APPRECIATION
FOR
JOHN GASTINEAU
WHEREAS, JOHN GASTINEAU participated in discussions which led to the
formation of the Orange County Economic 'Development
Commission and has subsequently served on the Commission
since 1983; and
WHEREAS, JOHN GASTINEAU has served as Chairman of the Orange County
Economic Development Commission since 1983; and
WHEREAS, JOHN GASTINEAU has given freely and unselfishly of his time,
talents, energy and leadership from the creation of the
Economic Development Commission in 1982, through its
formative first three years;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners, through its members, Don,-Willhoit, Shirley
Marshall, Moses Carey,' Ben Lloyd. and Norman Walker, does
hereby express its sincere appreciation to JOHN GASTINEAU for
his economic development efforts on behalf of the people of
Orange County.
THIS, the 19th day of August, 1986.
2. AWARD OF FINANCIAL REPORTING ACHIEVEMENT
County Manager Kenneth Thompson remarked about the'significance
of the "Award of Financial Reporting Achievementli. This is the fourth
year Orange County has received this award which is the result of the
efforts of the Finance Director and his staff.
Chair Willhoit presented the plaque to Gordon Baker commending
him and his staff for their hard work and continuing efforts. Baker gave
credit to the members of his staff for their initiative in doing a good
job.
F. ITEMS FOR DECISION
1. EUTIAL WIDTH R/W GENE & BRENDA Y MINOR SUBDIVISION
Planning Director Marvin Collins presented for consideration a
request for a partial width right -of -way of 30 feet for a distance of
approximately 100 feet to serve a one lot minor subdivision. The lot is
located in the Gene & Brenda Ray Subdivision. A partial width right -of-
way is needed because there is an existing dwelling that could not meet
the required 20 foot setback. The Planning Board recommended approval.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Marshall to approve the Planning Board recommendation.,
VOTE: UNANIMOUS.
2. PD-2-86 HEARTWOOD AT BLACKWOOD MOUNTAIN
Marvin Collins presented for consideration of approval a request
( A
from Spence and Lyn Dickinson for a planned development rezoning and
Class A Special Use Permit for 35.21 acres of land located west of Mill
House Road in Chapel Hill Township. The Planning Board found the
applicant not to be in compliance in -the case of three specific
standards. They have recommended approval of the planned development
rezoning and issuance of a Class A Special Use Permit with the attachment
to specific standards.
Motion was made by Chair Willhoit, seconded by Commissioner
Marshall that a finding of fact was made in which the Board concurred
with the Planning Board finding of fact and that the three negative
findings of fact are mitigated by the imposed conditions:
(1) Article 8.2.4a negative finding is addressed by conditions 8
and 9;
(2) Article 7.14.3c negative finding is addressed by condition 6
and,
(3) Article 7.14.3e negative finding is addressed by condition 7.
VOTE: UNANIMOUS.
Motion was made by Commissioner Marshall, seconded by
Commissioner Carey that a preponderance of evidence indicates compliance
with the general standards, specific rules governing the specific use,
and that the use complies with all required regulations and standards; it
has not been found by the Board in any specific manner that:
1. The use will not promote the public health, safety and
general welfare if located where proposed and developed and
operated according to the plan as submitted;
2. The use will not maintain or enhance the value of contiguous
property;
3. The use is not in compliance with the general plans,for the
physical development of the county as embodied in these
regulations or in the Comprehensive Plan, or portion thereof,
adopted by the Orange County Board of Commissioners.
VOTE: UNANIMOUS.
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the rezoning of the Dickinson property from R1-
Residential to PD -H -Rl (35.21 Acres) as specified in the application and
to approve the issuance of a Class A Special Use Permit for the proposed
Heartwood at Blackwood Mountain Development subject to the 20 conditions
recommended by the Planning Board.
VOTE: UNANIMOUS.
THE CONDITIONS ARE LISTED BELOW:
1. The grantee of this Special Use Permit shall post with orange County,
in a form acceptable to the County Attorney, a bond or letter of
credit in an amount equal to the cost of all improvements '(roads,
utilities, pedestrian walkways) plus 10 %. The amount shall be determined
on the basis of full executed construction contracts or certification by
a registered engineer employed by the grantee of this Special Permit.
Security for construction of the improvements in this project may follow
phasing in the project. Specifically, as improvements are completed in
each phase a corresponding amount of money may be released from the
security instruments or the security instruments may be renegotiated
based on the "yet to do" portion of the improvements.
2. Security shall be provided for the grading, paving and stabilization
of all cleared areas, streets and other vehicular travelways; pedestrian
walkways; erection of street signs; utilities installation and hookup;
recreational facilities; and landscaping.
47
r
3. All necessary easements to permit utility (electricity, telephone)
installation, servicing and hookups to the development and to each un?t
within the development shall be provided at no cost to the utility
provider.
4. The grantee shall promulgate Articles of Incorporation governing
tenancy in the development and shall record a copy of the Articles of
Incorporation and Regulations promulgated under this condition in the
Orange County Registry of Deeds.
5. Roads, parking areas, walkways, street signs, utilities, recreation
facilities and sites, landscaping of the community center and its
associated parking facility shall be maintained as constructed. All such -
improvements and facilities shall further be maintained and operated in a
safe manner.
6. The following recommendations apply to the road and parking
facilities:
a. Road name signs to Orange County standards shall be erected at
all intersections.
b. The private Class A road' serving the community center shall
terminate in a cul -de -sac. The parking facility for the community center
shall access off the.private road, but not the cul -de -sac itself.
C.. The private Class A road serving the community center shall be
constructed to Orange County private road standards' but shall be hard -
surfaced in compliance with NCDOT Minimum Construction Standards for
pavement design for subdivision roads. The privatg road shall be subject
d. sight triangles in compliance with NCDOT requirements and Article
9 of 'the, orange County Zoning Ordinance shall be provided at all road
intersections and shall be designated as part of the right -of -way.
e. Two parking spaces meeting the dimensional requirements provided
in Article 10 of the orange County Zoning Ordinance shall be provided for
each dwelling unit.
The location of these items shall be approved by the Zoning Officer
and shown on the revised site plan.
7. The following 'recommendations' apply to the recreation area and
facilities.
a. Tot lot /playground area to include play apparatus for children,
ages pre- school to 14 (i.e. swings, slides, climber, whirl) and benches
for adult supervision. some shaded areas are to be provided within the
tot lot area. The tot lot area shall be defined /enclosed with a barrier.
b. Picnic area to include a small shelter with 3 -4 tables. One (1)
trash.receptacle and one (1) grill per 2 tables.
C. Provide one (1) parking space for each dwelling unit. Provide
one (1) handicapped'parking space for every 10 spaces. Parking spaces
shall meet the dimensional requirements of Article 10 of the Orange
County Zoning.ordinance. HandicaRped parkins spaces shall be barrier
(1) so that handicapped individUgls are not compelled to
wheel or walk behind parked cars
(2)
(3) in conjunction with sidewalk cut -aways and/or ramps, in
compliance with the North Carolina State Building Code.
d. The parking area shall be screened and landscaped in accordance
with Article 12 of the orange County Zoning Ordinance.
e.
on either side cleared of brush or vegetation and 1Q feet over -head
clearance.
The location of these items to be approved by the Zoning Officer and
shown on the revised site plan.
8. The following recommendations apply to the lot arrangement:
a. Each lot platted on the Final Plat shall include the area
associated with the building site and the septic tank, including the
three to be located off the property subject to the rezoning /special use
permit. Appropriate easements shall be platted and recorded with the
Orange County Register of Deeds along with legal descriptions and
easement agreements submitted to and approved by the Orange County
Attorney.
b. All lots shall have Health Department approval prior to the
approval of.-the Final Plat.
c. For each structure exceeding 251 in height an additional one (1)
foot side and front setback for every two (2) feet of additional height
shall be designated on the Final Plat.
The location of these items is to be approved by the Zoning Officer
and shown on the revised site plan.
9.
10. All final plans for drainage, soil erosion and sedimentation control
shall be reviewed and approved by Orange County and the site plan
modified accordingly to satisfy the Soil and Erosion specifications,
prior to the issuance of -the Special Use Permit. •_In.addition,- ;;ange
County shall inspect the installation of control devices and the on -going
work for the total project. The project shall at all times meet the
Cos]
requirements of the Orange County Soil Erosion and Sedimentation Control
ordinance.
11. Construct and maintain stormwater devices to control the peak rate of
runoff from the community center and artist bungalows. The detention
devices shall be designed and constructed so that the peak rate of runoff
after development will not exceed the predevelopment rate for a 20 year
24 hour storm and for storms of greater intensity.
12. Grading on the site shall be kept to a minimum. Existing vegetation
shall be maintained between units. Clearing shall only be conducted for
purpos,es of installing roads, utilities and other improvements until the
improvements have been installed and the developer conveys title to the
property to the individual property owners purchasing three or fewer
lots. Existing vegetation shall not be removed from the area within 50
feet of the Duke Forest property line.
13. Final landscaping plans shall be submitted and approved by the Zoning
Officer prior to the effective date of the special use permit.
14. That all signs be erected in compliance with Article 9 Signs,
following issuance of a building permit and prior to the issuance of
certification of Occupancy for any unit. No sign may be erected within
the sight triangles for the entranceway to the development. ,
15. That all structures be erected in compliance with applicable building
codes following application for and issuance of building permits.
16. The developer shall coordinate mail service with the Postmaster prior
to the initiation of construction.
17. A final boundary survey of the Planned Development- and all easements
(roads, utilities, drainage, sign) shall be recorded by the developer.
18. The final site plan and narrative of the project incorporating all
changes, deletions and additions through the final approval of the
project are incorporated 'herein and made a part of this Planned
Development Special Use Permit. A copy of the final site plan and
narrative are on file with the Orange County Planning Department. Grading
and building permits, upon application, will be issued after approval and
recordation of the Special Use Permit.
19. The development shall be built and operated according to the site
plan and written narrative supplied by the developer and in compliance
with or fulfillment of the above conditions and the Orange County
development regulations and ordinances.
20. If any of the above conditions shall be held invalid or void, then
this approval -shall be void and of no effect.
LAKE HOGAN LAND - PRELIMINARY PLAZI
Marvin Collins presented for consideration of approval the
preliminary plan for Lake Hogan Lane. The property is located on SR 1.728
(Lake,Hogan Farm Road) in Chapel Hill Township. It is bordered by
agricultural and residential development and is- within the Joint Planning
Area which requires courtesy - review from the Carrboro Planning
Department. Six (6) lots are proposed out of 13.9 acres. The Planning
Board recommended approval with the condition that the recordation of a
legal document stating the unsuitability of Lot 6 for development be
Spence Dickinson s AttachmenT2
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GIS Map Prepared by Brian Carson.4/16/2012
51
Attachment 3
Michael Harvey
From: Frank Montes de Oca
Sent: Wednesday, May 09, 2012 2:35 PM
To: Michael Harvey
Subject: RE: Request for comment - spence Dickinson rezoning
Michael:
I do not see any significant restriction of ingress or egress for public safety vehicles based on the re- zoning request. My
assumption is there will be no construction on the parcel in question without further notification.
Thank you.
F. Rojas Montes de Oca
Director of Emergency Services
Orange County, North Carolina
52
Michael Harvey
From: David Sykes
Sent: Tuesday, May 1S, 2012 9:37 AM
To: Michael Harvey
Subject: Spence Dickinson
Michael,
I have reviewed your request regarding the Dickinson property. There will not be any issues regarding fire protection
and emergency medical response to this property. Please contact me if there are any other questions. Thanks.
David Sykes
Assistant Fire Marshal
Orange County Emergency Services
510 Meadowlands Drive
Hillsborough, NC 27278
Office: (919)245-6125
Cell: (919)537 -2148
Fax: (919)732 -8130
Email: dsvkes( co.oran Ye€ nc.us
53
Grange County Health Department
Colleen Bridger,,I4:PH, PhD
Health Director
To: Michael Harvey
Flom: Toni Konsler -tit
CC: Andy Adams
Alan Clapp
Date: May la, 2012
Prevent ° Promote • Protect
Partnering for the Public's Health
t,
MEMORANDUM
RE: Pathway Court Parcel - Parcel Identification Number (PIN) of 9871 -54-9182 Lot 31 R
In response to your email last week, I am providing a statement that the removal of the
referenced property from the Heartwood project will not impact septic provision for other lots in
that area.
Mr. Dickinson has expressed an interest in an expansion or replacement of the septic system on
the adjacent property that houses Spence's Farm. In nay last discussions with hiin, he was
pursuing a permit from the state for the proposed engineer- designed wastewater system.
Please let me know if you have any questions about this.
Environmental Health Services
131 W. Margaret Lane, Suite 100 ° 111llshorough, NC 27275
Phone_ (919) 245 -2360 j Fax: (919) 61+1 -3006
ivww,orangecountyne.gov/eiivltltlt
54
ORANGE COUNTY
DEPARTMENT OF ENVIRONMENT, AGRICULTURE,
PARKS AND RECREATION
MEMORANDUM
To: Michael Harvey, Current Planning Supervisor
From: Rich Shaw, DEAPR Land Conservation Manager
Date: May 11, 2012
Subject: Proposed Rezoning of a Lot in Heartwood Development
Thank you for the opportunity to evaluate the request by Mr. Spence Dickinson to modify an
existing Class A Special Use Permit for the Heartwood at Blackwood Mountain development.
My understanding is that Mr. Dickinson seeks to remove a four -acre parcel (PIN 9871 -54-
9182) from the Heartwood development and change its zoning from Planned Development
Housing Rural Residential (PD -H -R1) and Rural Buffer (RB) to just Rural Buffer (RB).
My understanding is this rezoning would enable Mr. Dickinson to incorporate the lot into his
adjacent Creative Learning Center property (Spence's Farm) and it will contain the septic
system and repair area for the Center.
I have reviewed DEAPR's comprehensive resource database to determine if there are any
known natural or cultural resources of significance on the subject property, including
significant natural heritage sites, proposed wildlife corridors, prime forest, historic local
landmarks, or historic structures. I see none that would fit that description, nor are there
any apparent wetlands, streams or floodplain.
In conclusion, it appears that the planned rezoning of this property would have
no apparent adverse impact to natural or cultural resources of significance to
Orange County.
Let me know if there are any questions.
Environment, Agriculture, Parks and Recreation
PO Box 8181 / 306-A Revere Road
Hillsborough, NC 27278
(919) 245 -2510
55
Attachment 4
Legislative i.e. rezoning)
Quasi- Judicial i.e. special use permit)
Can be: 1. Board of Adjustment, or
Decision maker
Only governing board can make the
decision — other board's may advise
2. Governing Board
Notice of Hearing
Newspaper and mailed notice to adjoining
Same requirement
property owners is required
Can reasonable limit the number of
Individuals are presenting testimony (i.e.
Speakers at Hearings
speakers and limit the time they area
sworn statements and evidence). The Board
allotted to speak.
can limit any presentation to relevant
evidence that is not repetitious
None required. Members are free to
Speakers must present and enter substantial,
discuss issue outside of hearing and
competent, material evidence into the record.
Evidence
speakers at the hearing are not under oath
Witnesses are under oath and subject to cross -
or subject to cross- examination
examination. No ex -parte communication is
allowed.
Written findings of fact are required. The
Board making the decision must explicitly set
None is required, but the board making
forth what it determines to be the essential
the decision is required to issue a
facts that it is basing its decision on
Findings
statement addressing the proposals
The Board making the decision must also
consistency with local regulations and
make specific findings of fact and provide
that the public interests are served in
specific detail to inform all parties and a
either approving or denying the request.
reviewing court as to what induced the
decision. A conclusory statement that a
standard has, or has not, been met is
insufficient
A four -fifths (415) vote is required to approve
the application. In cases where a special or
Voting
Simple majority is required
conditional use permit is issued by a
governing board (i.e. BOCC) only a simple
majority is required.
Conditions
Not allowed
Allowed subject to mutual agreement between
the applicant and governing body agree.
Attachment 5 56
RATIO EXPLANATIONS:
• Floor Area Ratio:
• Definition (Article 10 UDO): The maximum floor area permitted for each square
foot of land area.
• Includes allowable floor area for single and multiple story buildings
• Permits are reviewed for compliance with the overall floor area ratio limit for the
specific zoning district or as part of an overall project.
• Open Space Ratio:
o Definition (Article 10 UDO): The minimum square footage of open space
required for each square foot of gross land area. This area includes parking and
vehicular access areas and it can also include balconies, and roofs improved for
recreation
o Open space, from a land use intensity standpoint, includes the total horizontal area
of uncovered open space plus half the total horizontal area of covered open space
subject to specific limitations detailed within the UDO.
• Livability Space Ratio:
• Definition (Article 10 UDO): The minimum square footage of non - vehicular
outdoor space required for each square foot of land area in residential
development.
• Livability space is intended to be open space used for people, planting and visual
appeal and does not include vehicular parking and access areas.
• The ratio identifies areas on a parcel of property or within a development project
that are part of total open space improved for residents use and for aesthetic
appeal. This would include lawns /landscaped areas, walkways, paved terraces and
sitting areas, outdoor recreational areas, and landscaped portions of street rights -
of -way.
• Recreation Space Ratio:
• Definition (Article 10 UDO): Minimum square footage of open space in
residential areas, suitable by location, size, shape, access and improvements,
required for each square foot of gross land area. This area is a public or private
exterior area improved for recreation of all residents, having a least dimension of
50 feet, and average dimension of 100 feet and a minimum area of 10,000 square
feet.
• The ratio identifies exterior area on a parcel of property or within a development
project improved for common recreational use.
• This ratio identifies property that is a portion of the total Livability Space Ratio
calculation.
Attachment 6 57
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
O`'pae cot*,
Administration 131 W. Margaret Lane
(919) 245 -2575 u Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us j���` Coo ```@ Hillsborough, NC 27278
CERTIFICATION OF MAILING
CLASS A SPECIAL USE PERMIT — STRATA SOLAR
ORANGE COUNTY, NORTH CAROLINA
I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Section(s) 2.7.5 and 2.8.7 of
the Orange County Unified Development Ordinance I have mailed, or have caused to be
mailed, a Notice of Public Hearing to be held regarding the processing of a General Use
Rezoning Petition and a Class A Special Use Permit modification.
The request, submitted by Spence Dickinson, propose the removal of a 4 acre parcel, off of
Pathway Court with a Parcel Identification Number (PIN) of 9871 -54 -9182, from the Special
Use Permit requirements and restrictions associated with the Heartwood at Blackwood
Mountain Planned Development project and rezoning the entire property from Planned
Development Housing Rural Residential (PD -H -R1) and Rural Buffer (RB) to just Rural
Buffer (RB).
Notices were sent via certified mail to all property owners within 500 feet of the subject
property. The owners were identified according to the Tax Records and as required by
Section 2.7.5 and 2.8.7 of the Orange County Unified Development Ordinance.
The mailed notice specified the date, time, place and subject of the Public Hearing.
WITNESS my hand, this 14th day of May 2012.
i
58
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 644 -3002 (FAX)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
May 14, 2012
Subject: REVIEW of a General Use Rezoning and a Class A Special Use Permit
Modification request submitted by Spence Dickinson to rezone a 4 acre parcel
within the Heartwood and Blackwood Mountain Planned Development and
remove it from the requirements of an existing Special Use Permit,
To Whom It May Concern:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a joint PUBLIC HEARING to review a General Use
Rezoning and a Class A Special Use Permit Modification request, submitted by Spence
Dickinson (hereafter `the applicant') to rezone a parcel of property located off of Pathway Court
(PIN 9871 -54- 9182):
FROM: Planned Development Housing Rural Residential (PD -H -RI) and Rural
Buffer (RB)
TO: Rural Buffer (RB)
The parcel in question is approximately 4 acres in area and is currently split zoned, with
approximately 2 acres zoned PD -H -RI and the remaining zoned RB. If approved, the property
would be rezoned RB exclusively.
The requested also involves a modification to the existing Special Use Permit, issued by
the County in the late 1980's, allowing for the development of the Heartwood and Blackwood
Mountain residential subdivision. Specifically, the applicant is requesting that the parcel be
removed from the requirements and development standards of the aforementioned Permit
governing development within the Heartwood subdivision.
The applicant is requesting the modification and rezoning to address septic and
development issues on an adjacent property. If approved, this lot will become part of the
adjacent Creative Learning Center, also owned by the applicant, and contain the septic system,
and required repair area, for the existing summer /day camp.
As an adjacent property owner you have the right to address the Board(s) concerning this
request. The meeting to review this case is scheduled for Tuesday May 29, 2012 at 7 :00 p.m. in
59
the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough, North
Carolina.
It should be remembered that the review of all special use permit
applications /modifications are carried out in a quasi-judicial format meaning that decisions
relating to the approval or denial of a application are based solely on the sworn testimony of all
parties involved with the case, both those for and against an application, as well as the review of
competent material and substantial evidence submitted during the public hearing.
While County regulations and State law do not require that parties be represented by an
attorney, it may be in your best interests to secure legal council to represent your interests at the
hearing.
Further the applicant has the burden of establishing, by the submission of competent
material and substantial evidence, the existence of facts and conditions that demonstrate the
projects compliance with the various requirements and standards detailed within the Unified
Development Ordinance. Those opposing approval of the application shall have the burden of
establishing, also through the submission of competent material and substantial evidence, the
specific manner in which the proposal does not satisfy the requirements for approval of the
application.
As previously indicated, the Board shall render a decision only on the sworn testimony of
all parties and on the competent material and substantial evidence submitted during the hearing.
If you have any questions concerning this request, please contact staff at (919) 245 -2575.
Si_..._._.....
Mich el D. Harve , P, CFM, CZO
Current Planning upervisor
Planner III
Orange County
Robert and Karen Durovich
811 Woodland Ave.
Chapel Hill, NC 27516
Peter and Janet Hampton
1301 Galilean Trail
Chapel Hill, NC 27514
Christopher and Janet Lamb
1008 Blackwood Mountain Rd
Chapel Hill, NC 27516
Heartwood Landowners Assoc
6113 NC Hwy 86
Chapel Hill, NC 27514
Garry and Linda Carver
1315 Blackwood Mountain Rd
Chapel Hill, NC 27516
Anne Mandeville
6600 Manor Hill Drive
Chapel Hill, NC 27516
Edward Garvey
Susan Axelrod
6418 Heartwood Drive
Chapel Hill, NC 27516
Ian and Alison Scales
1300 Blackwood Mountain Rd
Chapel Hill, NC 27516
William and Lynne Worthington
6111 Corner Stone Rd.
Chapel Hill, NC 27516
Adrianp and Valley Marcuz
6106 Corner Stone Rd.
Chapel Hill, NC 27516
Spence and April Dickinson
6407 Millhouse Rd
Chapel Hill, NC 27516
April Dickinson
6301 Pathway Court
Chapel Hill, NC 27516
Lina Elizabeth Pratt
6603 Manor Hill Ct.
Chapel Hill, NC 27516
Heartwood Landowners Assoc
1000 Heartwood Drive
Chapel Hill, NC 27516
Denise Fishburne
6422 Heartwood Dr.
Chapel Hill, NC 27516
Daniel and Victoria Widman
1004 Blackwood Mountain Rd
Chapel Hill, NC 27516
Waldorph Educational Association
6211 Jerico Rd.
Chapel Hill, NC 27514
Lauren Thie
Keisha Myrick
6412 Heartwood Drive
Chapel Hill, NC 27516
Dani and Rula Mouawad
106 Turvey Ct.
Chapel Hill, NC 27514
Manor Hill HOA INC.
6601 Manor Hill Ct.
Chapel Hill, NC 27516
Subir and Mary Jane Chatterjee
PO Box 2483
Chapel Hill, NC 27515
Mark Schultz
Mark Hamblet
6426 Heartwood Dr.
Chapel Hill, NC 27516
ME