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HomeMy WebLinkAboutAgenda - 04-01-1997 - 8b 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1. 1997 Action Agenda Item # ?_6 SUBJECT: PD-1-97 CAROLINA FRIENDS SCHOOL (MODIFICATION OF PD-1-96) DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: Yes y_No BUDGET AMENDMENT REQUIRED: Yes_x—No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Site Plan Extension 2580 Application Vicinity Map TELEPHONE NUMBERS: - Special Use Permit Hillsborough 732-8181 1/31/97 Letter from DEHNR Durham 688-7331 Planning Staff Recommended Findings Mebane 227-2031 Certificate of Mailing Chapel Hill 967-9251 2/24/97 Public Hearing Minutes 3/6/97 Draft Planning Board Minutes PURPOSE: Consideration of a proposed modification to the Special Use Permit for Carolina Friends School which would allow the school to swap acreage with Duke University and modify the boundaries of the school site. BACKGROUND: Carolina Friends school is an existing private school located on the north side of Mt. Sinai Road(SR 1718) and west of Friends School Road(SR 1719). The property contains 33.94 acres and is zoned PD-RB, Planned Development - Rural Buffer. In August of 1990 a Class A Special Use Permit was issued for Carolina Friends School to allow the use of the school's wastewater disposal system in the Rural Buffer. Article 6.20.1 of the Zoning Ordinance states that a package treatment plant with a design capacity over 3000 gallons per day may be allowed in the RB district only through approval of a planned development. Article 6.12.2 of the 2 Zoning Ordinance also requires a planned development approval where there are multiple principal structures on a non-residential lot greater than two acres in size. The Board of Directors of Carolina Friends School adopted a five-year master plan in 1991 for development of the school. In 1992 the Special Use Permit was modified to include expansion of buildings and parking consistent with the school's master plan. In 1996, 6,500 square feet of additional floor area was included in the Special Use Permit for a new library/arts building and expansion, of several other existing structures. The current request involves modification of the school boundaries by a proposed land swap with Duke University of approximately 16.38 acres as shown on the attached vicinity map. The trade will provide a more efficient configuration of the school site for any future expansion as well as 925+feet of additional frontage on Friends School Road. In addition, the 16.38 acres going to Duke University will be incorporated into Duke Forest and will provide a connection between the Couch Tracts of the Durham Division and the Korstian Division of Duke Forest. Such a connection will facilitate wildlife movement and biodiversity. The proposed boundary change represents a modification to the Special Use Permit issued in 1990, amended in 1992 and 1996,although the total acreage of the site remains the same. Article 8.7.3 of the Zoning Ordinance requires that such a change be considered by the Board of Commissioners following a public hearing. The change also involves a Zoning Atlas amendment to rezone the 16.38 acres being added to the school from Rural Buffer to Planned Development- Rural Buffer,and to rezone the acreage going to Duke University from PD-RB to RB. The attached letter from NCDEHNR indicates that the current permit for sewage disposal will be unaffected by the school's boundary change. Findings have been proposed by the Planning Staff to demonstrate compliance with the Zoning Ordinance and the Comprehensive Plan. The revised Special Use Permit is also in the attachments. The modification to the Special Use Permit and rezoning was presented at the February 24,public hearing. No citizen comments were received at the hearing. The Board of Commissioners referred the item to the Planning Board for a recommendation. On March 6,the Planning Board voted unanimously to support the findings recommended by Staff concerning the specific ordinance requirements and the general standards. Subsequently the Planning Board recommended approval of the modification to the Special Use Permit and rezoning for Carolina Friends School. 3 RECOMMENDATION: The Administration recommends approval of the modification of the Special Use Permit for Carolina Friends School and the necessary rezoning based on the attached findings of fact. (PLEASE TYPE OR PRINT - INK ONLY) 5 APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE:_ /1�2_/ 9 W APPLICATION NUMBER: PD- 1 JZ I (We) request a Class A Special Use Permit as provided for in Article of the Orange County Zoning Ordinance for A e_He-h, E I W f>Soowt,2Az way -fb. T"Ir_ _CA.Hnp%_5 L.cej,.. L-� oW Sc-Heot.. PbA b.. • '%is, e_Amoub W ll.l. R�undt�� 1'WE Ams.vytle- >!!:,JT Wit -t. gP, A�b Qom[ Q�.tfl N=LJ RtMA'N=q by my 0 V I/J b 1 G AM t=g The following information is provided in support of this request: A. PROPERTY INFORMATION: Street Address or Location: 4s o e r-w ynA n lei-400L Pb�b 1 'b2P,d,l•1 NC Orange County Tax Map_ ' b P1 Block Lot(s)ft--2__43 TownshipaAAipI�L !d L t.t Zoning District(s): - Zo o Lot/Parcel Size: 3''S. 4 acres or square feet Number of Existing Buildings: 15 Gross Floor Area: 'S(v , 2 o square feet Number of Proposed Buildings: O Gross Floor Area: square feet Water Supply: Public (Specify) Community ?C Individual Wastewater Disposal: Public (Specify) Community - )(Individual School District: Fire District: P-Mo A4 VM.F_ General Land Uses in Area: Z.t—aftIbW-A-r-IAd- Critical Areas: 2CStream/Drain ageway Flood Prone Area Watershed (Specify) Historic Site Other (Explain) B. SITE PLAN INFORMATION: Twenty-six (26) copies of a Site Plan, prepared by a regisiered 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 rights-of-way within or adjacent to the site. X Location of alt_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. N/A Existing topography at a contour interval of five (5) feet based on mean sea level datum. lAr Existing and proposed fencing, screening, gates, parking, service, and storage areas. Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SIDE) t 6 C. OTHER SUBMITTAL INFORMATION: N IA— Elevations of all structures proposed to be used in the development. _X _ Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy with the property in question clearly marked. The names and addresses of the property 6wner(s) and/or applicant(s), and the names and addresses are all persons owning property within five hundred (500) feet of the property in question. _'X_ Application fee as set by the Orange County Board of Commissioners. _ Traffic impact study as required by Article 13 of the Zoning Ordinance. _ZC _ Additional information regarding the proposed Special Use as required by Article 8 of the Zoning Ordinance. Narrative (or letters from appropriate agencies) indicating: 1. Method and adequacy of provision of sewage disposal facilities, solid waste disposal, and water service. Where public sewer is not available, a letter from the Orange. County Health Department certifying the suitability of the existing and/or proposed wastewater treatment system for the property. 2. Method and adequacy of police, fire, and rescue squad protection. 3. Method and adequacy of vehicular access to the site and traffic conditions around the site. I (We), the applicant(s), hereby 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 Commissioners the form of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit. APPLICANT SIGNATURE(S) DATE NOTE: If title to the Above mentioned property is not in the nerve of the applicant(s), please include a letter from the owner(s) signifying approval of the request. 00 Date Paid: 12 / / 9(o Receipt # 20:2& FEES: Amount S �5• -�-- - ./ Moe oe if A • - ° � . + s ♦ • �7 •' gbh p SO VID-1-9� 0 s• . ,,;�`, y -- `; Q �..• Modifi�at ods Soh° meat R� a • i *< -- ,,. ..� J �roiina Erie ned,)evelOP ----' - �� yan , *, r J+ IQ � • to 009 00 or go 00 .00106 @Alp ,pIb • .s IL Q r `Q TIO •-loo, .I / sat ,io WAS ;1 Aw .ri , -' •. .,,,,�� Vii""'' , 9 NORTH CAROLINA ORANGE COUNTY COUNTY OF ORANGE ORANGE COUNTY NORTH CAROLINA SPECIAL USE PERMIT KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned property owners, Carolina Friends School, Inc.,having applied to Orange County for a Class A Special Use Permit for the use and development of the property hereinafter described, the same was granted by Orange County on May 5, 1997, the terms of which follow. Carolina Friends School,Inc., by its acceptance of the terms and conditions of this Special Use Permit, acknowledge and ratify the contents of the application for this permit and all representations made by its representatives in the application process for this permit. NAME OF PROJECT: Carolina Friends School TYPE OF SPECIAL USE: Class A Special Use Permit for a package sewage treatement plant and spray irrigation system with a design capacity of 4000 gallons per day in the Rural Buffer district. NAME OF DEVELOPER: Carolina Friends School, Inc. 4809 Friends School Road Durham,NC 27705 PROPERTY OWNERS: Carolina Friends School, Inc. 1 10 DESCRIPTION OF PREMISES LOCATION: West side Friends School Road(SR 1719) AREA OF PROPERTY: 33.94 acres or 1,478,426 square feet more or less. DESCRIPTION OF PREMISES: Chapel Hill Township, Tax Map 7, Lots 20A, 20B, part of lot 26A,and Tax Map 6, Lot 2, and part of lot 43,and more particularly described in Attachment A The Board of Commissioners of Orange County approved a Class A Special Use Permit on October 1, 1996, and approved a modification to the permit on May 5, 1997. The property subject to this Special Use Permit is described above and is, in part, shown on the Site Plan prepared by Dixon Weinstein Architects, PA, dated 12/16/96. Carolina Friends School intends to build a 6500 square foot Library/Arts Building, 1200 square foot addition to the Middle School for a multi-purpose room and faculty offices; 1000 square feet of office and storage space at the Early School; and enclose 400 square feet of porch for expanded reception and office area at the Center Building as indicated on the site plan. The terms herein contained are binding on Carolina Friends School, Inc. its successors in title and in interest until the earlier of the expiration of this permit and any extension of its expiration date, or until such time as this permit is otherwise changed by governmental action. - The conditic iw of approval of the Special Use Permit are as follows: .1. The sewage disposal system must at all times be operated and maintained according to the standards and conditions set forth by the NC Division of 2 • 11 Environmental Management in Permit WQ0002161 and as may be amended in the future. 2. With applications for building permits,provide documentation of how the proposed construction will access the existing sewage disposal system as well as estimates for any increase in daily flow through the system. Each application which will create additional demand on the system must be accompanied by an approval letter from the Division of Environmental Management. All information will be submitted to the County Engineer for review to determine that the system demand does not exceed 4000 gallons per day. No building permits will be approved for additions/renovations without prior approval from DEM and approval of an amendment to this Special Use Permit. 3. To maintain access for emergency vehicles, the entrance to the school and driveways to each structure are to be kept free and clear of parked vehicles at all times and shall be clearly identified as fire lanes with reflective signs mounted on posts. The signs shall be installed under the guidance and supervision of the Orange County Fire Marshal's office and shall meet the provisions of Chapter 6 of the North Carolina State Building Code, Volume V, .Fire Prevention, 1996 Edition. 3 12 4. The final site plan and supporting documentation for 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. Copies of the final site plan and supporting documentation are on file in the Orange County Planning and Inspections Department. Any applicable permits, upon application, may be issued after approval and recordation of this Special Use Permit. 5. The development shall be built and operated according to the site plan and attachments supplied by the developer and in compliance with the above conditions. 6. If any of the above conditions is held invalid,this Special Use Permit shall become null and void. 4 13 IN WITNESS WHEREOF, Orange County has caused this instrument to be executed in its name as evidence of the issuance of said permit,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. ORANGE COUNTY By: John M. Link, Jr. County Manager ATTEST: [SEAL] Beverly Blythe, Clerk to the Board of Commissioners ACCEPTED: CAROLINA FRIENDS SCHOOL,INC. Owner and Developer David W. Stewart, President ATTEST: John S. March, Secretary [SEAL] Carolina Friends School, Inc. 5 14 NORTH CAROLINA ORANGE COUNTY I, a Notary Public in and for said County and State do hereby certify that Beverly Blythe, Clerk to the Board of Commissioners,personally come before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County the foregoing instrument was signed in its name by John M. Link, Jr., County manager, and attested by herself as its Clerk. WITNESS my hand and official stamp or seal,this the day of , 1996. NOTARY PUBLIC My Commission Expires: NORTH CAROLINA ORANGE COUNTY I, , a Notary Public of the County and State aforesaid certify that John S. March personally came before me this day and acknowledged that he is the Secretary of Carolina Friends School, Inc., and that by authority duly given and as the act of Carolina Friends School, Inc.,the foregoing instrument was signed in its name by its President, sealed with its official seal attested by himself as its Secretary. WITNESS my hand and official stamp or seal,this the day of , 1996. 4_ Notary Public My Commission Expires: 6 15 • ATTACHMENT A North Carolina, Orange County Chapel Hill Township BEGIN at a new iron pipe where the west right-of-way of Friends School Road (State Road 1719) intersects with the center line of an old road bed and run thence South 57" 33' 00" East 65.46 feet to a computed point in the center of State Road 1719; thence with the center line of the road South 30" 23' 30" Fast 577.31 feet to a computed point; thence continue with the center line South 29° 54' 59" East 186.93 feet to a computed point; thence continue with the center line South 24° 42' 22" East 118.13 feet to a computed point thence leave the center line of State Road 1719 and run South 76' 35' 48" West 263.63 feet to a new iron rod; thence South 34" 40' 35" West 899.88 feet to an existing iron pipe; thence South 800 46' 55" West 240.88 feet to a new iron rod; thence South 88" 19' 29" West 262.55 feet to a new iron rod; thence South 07" 53' 38" East 177.37 feet to an existing iron pipe; thence North 840 20' 26" West 100.00 feet to a stake; thence North 05" 20' 00" East 327.00 feet to a stake; thence North 22° 45' 22" West 233.00 feet to a stake; thence North 06° 58' 02" East 125.00 feet to a stake; thence North 850 40' 13" West 275.93 feet to a stake; thence North 22° 16' 20" West 271.64 feet to a stake; thence- North 270 20' 26" West 365.42 feet to a stake; thence North 846 08' 48" Fast 242.21 feet to a stake, thence North 67° 05' 18" East 227.20 feet to a stake within a 30 foot storm drain easement; thence along the storm drain easement North 24' 07' 32" East 201.11 feet to a stake; thence leaving the storm drain easement South 64° 37' 26" East 80.00 feet to a stake; thence North 100 48' 39" East 95.53 feet to a stake; thence North 70" 44' 55" East 230.30 feet to a stake; thence North 60 08' 00" West 287.50 feet to a stake; thence South 51° 57' 00" Fast 76.70 feet to a stake; thence South 51° 30' 00" East 42.80 feet to a stake; thence North 01' 15' 00" East 40.00 feet to a stake in the center line of an abandonded road bed; thence along the center line of the old road bed South 57° 33' 00" East 244.52 feet to a stake where the center line of the old road bed intersects with the west right-of-way of State Road 1719, the point and place of beginning. This description is taken from two maps, the first part is all of Lot 1 containing 17.00 acres including road right-of-way as shown on a map by Brady H. Goforth & Associates, Inc., dated October 30, 1996, entitled "Final Plat Subdivision of Property for Carolina Friends School, Duke University& Peter H. Klopfer and wife, Martha S. Klopfer", and with the remainder of the property being a major and.northern portion of the property shown on a map entitled "Carolina Friends Schools Overall Site Pian" by Dail Dixon & Associates, PA Architects, Tony M. Whitaker, Professional Engineer, issued July 1, 1996, revisions July 17, 1996. Reference is made to both maps for a more particular description. Tract 2: BEGINNING at a stake in the cast right-of-way of Friends School Road near the opening of an 18 foot gravel driveway leading to the Carolina Friends School buildings and run thence North 830 53' West 115.00 feet to a stake; thence South 689 18' West 107.00 feet to a stake; thence South 070 20' East 85.0 feet to a stake within the 12 foot gravel driveway to the Klopfer residence; thence South 38° 00' Fast 85.0 feet to a stake; thence South 50" 45' Last 60.0 feet toga stake crossing over the 18 foot wide gravel driveway; thence South 84° 08' East 104.0 feet to a stake; thence North 050 45' West 230.0 feet to a stake where this description began. This describes an irregularly shaped tract located on Friends School Road (State Road 1719) encompassing the entrance and a portion of the 18 foot wide gravel driveway leading to the buildings of Carolina Friends School as shown on a map entitled "Carolina Friends Schools Overall Site Plan" by Dail Dixon &Associates, PA Architects, Tony M. Whitaker, Professional Engineer, issued July 1, 1996, revisions July 17, 1996. 16 State of North Carolina Department of Environment, Health and Natural Resources i • Raleigh Regional Office r�r James B. Hunt,Jr..Governor �E H N R Jonathan S. Howes.Secrefory DIVISION OF WATER QUALITY January 31, 1997 Mr. Joe Paradis Dixon Weinstein Architects, PA 25 The Courtyard 431 W. Franklin Street Chapel Hill, NC 27516 Subject: Carolina Friends School Boundary Realignment Permit. No. WQ0002161 Orange County Dear Mr. Paradis: I am writing in response to your letter of December 11, 1996 on the realignment of property around the Carolina Friends School in Orange County. Based on a site visit to the school made January 29, 1997, I found that all boundaries at the school meet the required setbacks for the wastewater treatment system and the spray application field. If you have any questions please call me at 919.571.4700. Sincerely, Charles Alvarez Environmental Engineer cc: Permit Files Central Files h:/cfsbound.let 3800 Swett Drive,Suite 101. NOC FAX 919-571-4718 Raleigh,North Carolina 27609 An Equal Opportunity AfiSrmdtive Action Fmployer Voice 919-571-4700 � 5o%recycled/lo%post-Consumer paper ZO'd EZVO-896-6i6 -Z�a'Z&y�-AV uLaZsuLaM uoxLp dt T :TO t6-90-q45A � a 17 January 14, 1947 To whom it may concern. I have a total of eighteen(18)years in the field of Wastewater Treatment. I have held a Grade IV, Wastewater Operators Certificate.which is the highest level of certification available.for the past ten(10)years. I addition,I hold advanced certification in Bio Solids,Spray Irrigation and Water Plant Operations. I have attended numerous hours of advanced training and plan to continue in this career field. Carolina Friends School employed me to operate their wastewater treatment and spray irrigation systems in June. 1996. Since that time,all staff members that I have had contact with have demonstrated a high degree of professionalism and are truly dedicated to meeting clean water quality goals. They have been responsive to resource needs by making equipment and chemicals available at all times. They have also responded to maintenance and repair needs. They were also very responsive by giving a high priority to restoring electrical power after hurricane Fran. I greatly appreciate their dedication to operating and maintaining the wastewater treatment units. It makes compliance with state permits very achievable. I look forward to continued compliance with state permits through the efforts of the staff of Carolina Friends School. S' erely; Richard M.Davis Operator Responsible Charge Wastewater Systems,Carolina Friends School ZO'd EL170-896-616 '}Z)a'4�4M-Ab uLa-4suLUM uoxIQ dZZ=ZO L6-ZZ-uvr FEB-14-97 FRI 13: 19 3084. 32847 919 4714044 P.01 DOUG DAVIS REALTY AND AUCTION COMPANY 18 . 3101 Gucts Road,Suite P "at office llOX /A44 Durham.North Carolina 27722 Rew1t^`'Al+rrwi�er Office 910/477-0280 AuvLkmwcs-Cvutrrccvt Home 919/i7t-X120?. January 17, 1997 ' Mr. John Mc nnva,-n Carolina 8rIvila s SU110 1 4809 Friends School Road Durham, N4' 2'/'iU5 RR: 17 Acres +/ L1,�CWWWAILly vwtlwci by Dukd Uttivtortiil,y wttxc:ll Civlat,a Fa.'iwalds Sc:)1uu1 Rvad and is adjacent to property owned by . Carolina r'riends uennni . Th4s Atshjer..r.. 17 AetrPlt +/- i4 parr. at a larger parcel which i& c•wtdrwllc:wd 111 DB 1457, Pages 327 and 328 0rAnyW CUUl1l:y Regietry. Orange County. NC. (See Enclosed Mcip) Dwar Mr. McGovern: As shown nn the anclUwtttlinap Carolina Friendc School owns property which 1w ad jauerie and Contiguous to rnn 1.7 Ae rv%x ownsftel by l7ttk-#- U111verEicy. The subjim-t 17 Ae-.r^B will tuaintalaa or aaa2aa{aac;w t:law valuC Ot r.tte• COntiqut:usi pLup ri-y owned by Carolina Friende School bftnMilme acceww/LuAd frontage and tho overall balance 1d"1)hh nr r.hP t-0nt1u"vua Property Will oe improvrd. T» xdAi r.i n", t-hrr .,al t.lrp ,tic aall p&upwrtiec adjacent and c-nnr-1 gttrn1s t,-.- those Caul_+11444 Fa it�radr. School property will h#b mat;t1t a.ialxcl car wnhanced. It Vol' or anyone whould have further questions fthnh T might be of eissiataau.:w with, plcaCC Contact mr.. Reapcct=ully, Clr�gt,� Richard D. (noug) z5avim Real rmtate Aplix- riser }�O fl• Aq StAte Cwrl.ified RCOinential Arrrriaer NC Certification Nn. A-450 10 Oil* Rnn/im a : S r >enClOaurea ftw r� FM 40 FAA I: X44-Sao a . x+71 -Af-A-1 1 19 FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: PD-1-97 CAROLINA FRIENDS SCHOOL (MODIFICATION OF PD-1-96) The Special Use Permit for Carolina Friends School was approved in 1990 and modified in 1992 and 1996. Article 8.7.3 of the Zoning Ordinance states that modifications to Class A Special Use Permits(other than minor changes defined by 8.7.1)shall be considered by the Board of County Commissioners following a public hearing. The findings listed below are those required by the Zoning Ordinance and used in approval of the current Special Use Permit. Where a finding has been affected by the request for a modification,it has been noted by an asterisk(*). ARTICLES 8.6 AND 8.8-APPLICATION COMPONENTS("Yes" indicates_compliance: "No" indicates Non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 8.6-Application submitted on forms _x—Yes No Submittal includes application Yes No providing full and accurate description forms,site plan and supporting of proposed use,including location, documentation on the sewage appearance and operational disposal system. characteristics. * 8.8 a)-Seven(7)copies of the site _x—Yes No 26 copies of the overall site Yes No plan prepared by a registered N.C. land plan showing the proposed surveyor or engineer containing: boundary change. 1. North point,scale and date _x—Yes No Shown on the site plan. Yes No 2. Extent of area to be developed _x—Yes No Site plan indicates extent of Yes No area to be developed. 3. Location and width of all easements _x—Yes No The rights-of-way of Mt. Sinai Yes No and rights-of-way within or _ Road and Friends School Road and adjacent to the site required drainage easements are shown on the site plan. 4. Location of all existingor _x—Yes No All structures are shown. Yes No proposed structures mthe site 5. Location of all areas on the site _x_Yes No The area south of the pond is not Yes No subject to flood hazard or inundation detailed on the Flood Insurance as shown on flood maps or soil maps Rate Maps. The Orange County Soil Survey does not indicate soils subject to flooding in this area. *Finding affected by modification,PD-1-97 20 PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 6. Location of all water courses on _x—Yes No All intermittent streams and Yes No the site, including the direction direction of flows are provided. of now A pond is also shown on neighboring property. *7. Existing topography at a contour _N/A_Yes No Topography will not be Yes No interval of five(5)feet based affected by the proposed on mean sea level datum boundary change. 8. Proposed or existing fencing, _x—Yes No Existing and proposed parking Yes No screening,gates,parking,service and service,and storage areas and storage areas are indicated on the plan. 9. Access to site including sight Yes_x—No Sight distances are not shown Yes No distances on all roads used for on the plan,but an on-site access inspection proved the sight distance at the entrance on Friends School Road is adequate. *10. Elevations of all structures _x—Yes No Elevations of some of the existing Yes No proposed to be used in the structures are on file. No new development buildings are proposed. 11. Names and addresses of owners _x—Yes No Provided with application. Yes No and applicants *12. A fee,as set by the Board of _x—Yes No $645.00 application fee paid Yes No County Commissioners on 1/13/97. *Finding affected by modification,PD-1-97 21 ARTICLE8.2.4 SPECIFIC STANDARDS/ALL SPECIAL USES("Yes"indicates compliance:"No"indicates Non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDMGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 8.2.4 requires the applicant to address the following: *a) Method and adequacy of —x—Yes No The proposed boundary change Yes No provision for sewage disposal will not result in an increase facilities,solid waste and of school staff or student water service enrollment. The applicant has provided a copy of a letter from the N.C.Division of Environmental Management stating that the boundaries will meet required setbacks for the wastewater treatment system. The system includes a package treatment plant,storage lagoon and spray irrigation system with a design capacity of 4,000 gallons per day. Dumpsters are shown for solid waste disposal,and a well and water tower for water supply. *b) Method and adequacy of police, —x—Yes No Letters from the Orange County Yes No fire and rescue squad protection Sheriff and Emergency Services were provided. All agencies will be able to provide services to Carolina Friends School. c)Method and adequacy of vehicle —x—Yes No The school has access to Yes No access to the site and traffic Friends School Road(SR 1719). conditions around the site The Orange County Fire Marshal requires that the entrance and internal driveways be kept clear of traffic and parked vehicles at all times and that fire lanes be clearly marked. *Finding affected by modification,PD-1-97 22 f ARTICLE 8 8 23 SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPM NTc Article 8.8.23 indicates that the application shall comply with the applicable sections of Article 7-Planned Developments ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DFVE OpMENTS ("Yes" indicates comp iance#"No"indicates Non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 7.4 indicates the application must first comply with all requirements specified in Article 20-Amendments. Those requirements include: 20.3.2 a)Map showing affected _x—Yes No Site plan provided at a scale Yes No property at scale of not less of 1"=100'. than I"=100'nor more than 1"=20' *20.3.2 b)Legal description of _x—Yes No The legal description of the Yes No property proposed boundaries was provided. 20.3.2 c)Explanation of alleged Yes No N/A-No error alleged. Yes No error, if any,to be corrected by proposed amendment 20.3.2 d)Changed conditions,if _x—Yes No N/A-No conditions changed. Yes No any,which make amendment reasonably necessary to promote public health,safety and general welfare *20.3.2 e)Manner in which _x—Yes No Goal Fourteen of the Yes No proposed amendment will carry Comprehensive Plan calls for out purpose and intent of "Full and equal educational adopted Comprehensive Plan opportunities for the residents of Orange County consistent with ...the needs of the County residents." *Finding affected by modification,PD-1-97 23 ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS(Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for a Planned Development-Rural Buffer designation. The criteria for the Rural Buffer district are set forth in Article 4.2.1 and are as follows: a) Designated by the adopted _x—Yes No The property is designated as Yes No countywide Land Use Plan as Rural Buffer on the County Land Rural Buffer or by the adopted Use Plan and Rural Residential Joint Planning Area Land Use on the Joint Planning Area Land Plan as Rural Residential or both. Use Plan. b) Urban services, including water _x—Yes No The Orange County Water and Yes No distribution and sewage collection Sewer Policy prohibits the mains are not likely within extension of water and sewer 10-20 years. lines into the Rural Buffer except to address public health emergencies or for public facilities. Under those exceptions,water and/or sewer lines are sized to serve only the purposes for which they are extended. C) Yes No Yes No d) Yes No Yes No d) Yes No Yes No *Finding affected by modification,PD-1-97 24 ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENT (Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 7.4 then indicates the application must comply with certain specific requirements common to all Planned Developments. These include: 7.4.1 So located with respect to _x—Yes No Access is provided via a Yes No major streets and mass transit private drive off of Friends facilities and designed so as not School Road(SR 1719). No to create traffic on minor streets minor residential streets will in residential districts. be affected by this project as proposed. 7.4.2 So located with respect to _x—Yes No The proposed development will Yes No water,sewer and storm drainage not have access to public facilities that enlargement or water,sewer or storm drainage extension will not result in facilities;therefore,no higher net public cost or earlier higher net public cost will incursion of public cost. result. aad So located with respect to police, _x—Yes No Letters regarding adequate Yes No fire and rescue services,and service provision have been schools and parks so as to have received from the Sheriffs access in the same manner as Department,and fire and permitted under the existing zoning. rescue services. 7.4.3 Site suitable for _x Yes No The area south of the pond is Yes No development within hazard from not detailed on the Flood flooding,erosion,and soil Insurance Rate Maps. The subsidence of slipping. Orange County Soil Survey does not indicate soils subject to flooding in this area. Slopes adjacent to the drainageways average 10% gradient. Drainage easements are provided to accommodate drainageways. *Finding affected by modification,PD-1-97 • 25 ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS(Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 7.14.3 sets forth "site planning"standards with which an applicant must comply. Standards regarding"external relationships" are as follows: a) 1. Access points provided to _x—Yes No Access will be provided via a Yes No encourage smooth traffic private drive to State Road 1719, flow with controlled turning Friends School Road. No minor movements and minimum hazard streets will be affected by this to vehicular or pedestrian development. traffic. Use of minor streets by substantial traffic is discouraged. a)2. Safe and convenient routes _x—Yes No Since there is no through traffic, Yes No provided for pedestrians vehicles speeds are slow,allowing and motorcyclists. Crossings for safe pedestrian circulation. safely marked, located and Most of the existing structures/ controlled. facilities are located on the west side of the entrance drive which minimizes pedestrian crossings. a)3. Visibility provided at _N/A_Yes No There are no internal Yes No intersections(pedestrian intersections. Sight distance and vehicular)in accordance is adequate at Friends School with Article 6.8. Road. *a)4. 100-foot open space provided _N/A_Yes No N/A- 100 foot open space not Yes No along perimeter of PD-II required. Schools are permitted district. Recreational use in all residential districts. and off-street parking set No change to parking is back at least 75 feet of proposed. district boundary. a)5. Yards, fences,walks,or —x—Yes No Most of the parking is screened Yes No vegetation provided to screen by existing vegetation. off undesirable views,lighting, noise,etc. Parking/loading areas and refuse collection/ storage areas screened. *Finding affected by modification,PD-1-97 26 ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATIONIPLANNED DIRVELOPMENTS(Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements *a)6. Maximum building height _x—Yes No No new structures are proposed. Yes No complies with standards set forth in Article 6.12.3 and Article 5.1.1. a)7. Signs to be erected in _x—Yes No The existing sign meets the Yes No accordance with Article 9. requirements contained in Article 9. Standards regarding"internal relationships"are as follows: *b)l. Streets,drives and parking _x—Yes No The existing drive will be Yes No areas provide safe and adequate for access of convenient access for dwellings emergency vehicles, and emergency vehicles,and do provided fire lanes are not create small block sizes. clearly marked and kept clear of traffic and parked vehicles. b)2. Vehicular access controlled as follows: a) Streets serving 50 or less _x—Yes No The existing entrance drive Yes No dwellings provide direct access provides access to parking/ to parking/service areas. service areas. b) Streets serving greater than _N/A_Yes No Not applicable. Yes No 50 dwellings provide access to parking areas so located, designed and controlled as to channel traffic without interruption. *Finding affected by modification,PD-1-97 27 ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS(Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements b)3. Walkways form safe,convenient _x—Yes No No system of walkways is Yes No system of access to dwellings, shown. The maximum distance facilities and off-site between a school building and designations. Maximum walking parking is approximately 75 distance between dwellings and feet. parking;delivery and refuse collection areas does not exceed 100 feet. Walkways used as play areas _x—Yes No Since there is no through traffic, Yes No or school routes by children vehicle speeds are slow,allowing located and designed to minimize for safe pedestrian circulation. contact with vehicular traffic. Most of the existing structures/ Crossings appropriately marked facilities are located on the and safeguarded. west side of the entrance drive which minimizes pedestrian crossings. b)4. Protection of visibility- See a)3. and b)3.above. b)5. Open space and spacing between _x—Yes No Open space requirements are met. Yes No. buildings-See Article 6 No standards are provided in standards. Article 6 for spacing between non-residential buildings. ARTICLE 5-DIMENSIONAL REQUIREMENTS("Yes"indicates compliance: "No"indicates non-comp ' P) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 5 lists standards for minimum lot size,lot width, front,side and rear setbacks, maximum building height and lot coverage,and development intensity. The applicant has applied for a PD-RB designation. The standards for that district are set forth in Article 5.1.1 and areas follows: a) Minimum lot area per non- _x—Yes No The lot size shown on plan Yes No residential use- 87.120 sq.ft. is 1,478,426 sq. ft. (33.94 acres) *Finding affected by modification,PD-1-97 28 ARTICLE 5-DIMENSIONAL REQUIREMENTS("Yes" indicates compliance: "No" indicates non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements b) Minimum lot width-]D ft. _x—Yes No The existing lot width is Yes No 240 feet. The proposed change will add approximately 930 feet of lot width. c) Required front setback-4_Q ft. _x—Yes No Typical 40-foot front yard Yes No setback is noted on plan. d) Required side and rear setbacks- _x—Yes No Typical 20-foot side and rear Yes No 22 ft. yard setbacks are noted on plan. *e) Maximum building height- _x—Yes No Maximum building height is 25 Yes No 2.1 ft. feet. No new structures are proposed. Compliance with lot coverage and development intensity standards is addressed in Article 6. *Finding affected by modification,PD-1-97 29 ARTICLE 6-APPLICATION OF DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance: "No" indicates non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 6 lists specific standards which apply to various types of development applications. Article 6.12 contains those development intensity standards which apply to group developments controlled by the Land Use Intensity(LUI)system. a) Minimum gross land area- _x—Yes No Applicant's site contains 33.94 Yes No 174,240 sq.ft. acres or 1,478,426 sq.ft. b) Maximum gross land area- _N/A_Yes No Article 5.1.2 of the Zoning Yes No None specified sq. ft. Ordinance. *c) Maximum floor ratio-Q.M. _x—Yes No Maximum permitted by ordinance Yes No Maximum floor area is 147,843 sq.ft. The total permitted- 146.883 sq. ft. existing floor area is 58,940 sq. ft. *d) Required minimum open space _x—Yes No Applicant's plan indicates Yes No ratio- H. 1,419,486 sq. ft.of open Required minimum open space- space. 1.233.814 sq. ft. *e) Required minimum pedestrian/ _x—Yes No Applicant's submission indicates Yes No landscape ratio-9,21. 1,342,486 sq.ft.of pedestrian/ Required minimum pedestrian/ landscape area. landscape space- _ 308.453 sq.ft. Note: See Appendix A for"Definitions". *Finding affected by modification,PD-1-97 30 ARTICLE S.-GENERAL STANDARDSIALL SPECIAL USES("Yes"Indicates Compliancee"No"Indicates Non-Compliance) PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 8.2.1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing,by competent material and substantial evidence,the existence of the facts and conditions which this ordinance requires for approval;and b) The Board shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use,which is listed as a Special Use in the district in which it is proposed to be located,complies with all required regulations and standards including the following general conditions: (1) The use will maintain or promote ^x_Will Will Not Based on evidence presented Will Will Not the public health,safety and general at the hearing to show compliance welfare,if located where proposed with specific standards in the and developed and operated Ordinance and a letter from the according to the plan as submitted. wastewater treatment system operator. (2) The use will maintain _x—Will Will Not Based on evidence presented Will Will Not or enhance the value of at the hearing to show compliance contiguous property(unless with specific standards in the the use is a public necessity, Ordinance and a letter from a in which case the use need certified real estate appraiser. not maintain or enhance the _ value of contiguous property). (3) The location and character of _x_Is Is Not Based on evidence presented Is Is Not the use,if developed according at the hearing to show compliance to the plan submitted,will i with specific standards in the in harmony with the area in which Ordinance and an inference it is to be located and the use is drawn from the fact that no in compliance with the plan for evidence was presented to the the physical development of contrary at the public hearing. the County as embodied in these regulations or in the Comprehensive Plan,or portion thereof,adopted by the Board of County Commissioners. 31 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 L' Y ■ 1 CERTIFICATE OF MAILING ORANGE COUNTY, NORTH CAROLINA I, Emily Cameron,Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about February 7, 1997, I mailed, by certified mail,postage prepaid, a Notice of the Public Hearing to be held on the proposed modification to the Special Use Permit for Carolina Friends School in Chanel Hill Township,to each property owner as required by Article 20 Section 20.6.3 and Article 8, Section 8.4.5 of the Orange County Zoning Ordinance. The notice mailed specified the date,time,place and subject of the Public Hearing on the zoning variance request. WITNESS my hand, this the 14thday of February, 1997. (Z�mo VA MILY CAMERON ZONING OFFICER 2124X-1 Pubuc 9rAelx1q MWUTM •.� 1 Portion of the pegmty to be used for entrance and emit to The Old Place. Thor use 0f his 32 2 acre of his land to be unusable. ProPY causes 1/4 of an 3 5 perpetual wrrrmerhted that het understanding was that the road frontage was gnu}through 6 7 A motion win., by Commissionei,Carey.Jr.,seconded by Commissioner Halkioft.to refer the proposed 8 amendment to the planning Scored for a 100011 r1e11113tion to be returned to the Board of Commissbnea no sooner 9 than May 5, 1997. 10 VOTE UNANIMOUS 11 12 (e) SUP(A),3_97 Orange Regional landfill 13 This item was presented by Eddie*k for the purpose of receiving dozen con in a 1 14 on a pass A Special Use Permit for an addition to the Orange Regional landflf. The Orange Regional L Wit a 15 1, ,mi d on the north and south side of Eubanks Road(SR 1727)north of Chapel Hill. The subject property,(Tax Map 16 Number 7.1&ZM)contains 1276 acra and is located immediately west of me existing landfill on the nortlh side of 17 Eubanks Road. It is Zoned Rural buffer and designated Rural Buffer on the Joint Planning Area Land Use Plan. The 18 existing landfill It in the Chapel Hip Transition Area on the Joint Planning Area Land Use Plan. The applicants are 19 requesting a Class A Special Use Permit under Article 8.82 of the Orange County Zoning Ordinance to construct a 20 4000 square foot vehicle maintenance building,to process yard waste and storm debris on an ongoing basis.and to 21 Moen recyclable materials which will include white appliances,tits and scrap rmefal. Access to the site will be 22 provided through the existing landfill. There will be no direct access to Eubanks Road. A 100400t buflar will be 23 provided around the pane..*of the site,except Wong the Mtem border.next to the existing landfill. 24 25 02 ANefert( EONS FROM 7WE BOAF W QE COM.ecck MS: 26 27 Commissioner Gordon asked for clarifications about storage of scrape metal on the site. 28 29 W.M stated that the scrape metal would be in roll-off containers. He asked Mr.Harold Harris.who is 30 employed at the Landfill,to speak to this matter Mr.Harris was swom in at this tire. 31 32 Harold Harris indicated that they are requesting the option to use this land for the purpose of recycling.not 33 only for white goods.but tires and scrap metal as well. He indicated that at the present time they do not intend to 34 recycle white goods or any other metals but they would like to have the option.In response to a question,he stated 35 that no one lives next door to the landfill. Duke University Is on the North$ips and on the west side there an no 39 houses. Across the road about 500 feet down there is a house. He also mentioned that this 4000 sq.R facility would 37 be in operation 15 or 20 years at least Water would be provided by well and sewer by septic system. 38 39 COMMENTS ANDIOR QUESTONS FROM CITQ=* 40 41 Ms.inns Deng Johnson.a landowner adint to this site,requested that the landfill not be expanded. The 42 landowners in this sees are not being compensated for loss of property value which results from living new the landfill. 43 She tea that the time was wrong to allow this fadity to be built It would be a better idea to have the Question of siting 44 the new landfill answered prior to any additional building on this site. 45 46 A motor was made by Commissioner Carey..Jr..seconded by Commissioner Brown.>n refer the proposed 47 amendment b time Planning Boxed fora to be returned to the Hoard of Commissioners no sooner 48 than April 1,1W. 49 VOTE: UNANSKM 050 51 (d) PD-1A7 Carolina Friends Scholl(Modification) 52 This item was presented by Emily Cameron for the purpose of n xmng ddzan 53 comment an a proposed modification to the Special Use Permit for Carolina Friends School which would slow the 54 school to swap acreage with Duke University and mod4 the boundaries of the school site. Carolina Friends school is - yK-t:�-a77 1G Sb av���itwv�NaCK ` 1%443004 P.09/09 33 1 an existlrtg private school located on the north We of ML Sinai Road(SR 1716)and west of Friends School Road 2 (SR 1719). The property contains 33.94 acres and is zoned PD-RB,Planned Development-Rural Buffer. In August 3 of 1990 o 0w A Special Use Permit was issued for Carolina Friends School to allow ft use of the sd s 4 waste+aater ftossl system in the Rural Buffer. Article 6.20.1 of the Zoning Ordinance states that a paclrage 5 treaontsnt plentwilh a design capacity over 3000 gallons per day maybe allowed in the RB district only through 6 approval of a panned davebpmea Article 6.3.2.2 of the Zoning Ordinance also requires a planned development 7 approoval wherz there are multiple principal structures on a non-residential bt greater than wo saes in size. The 8 Board of Directors of Carolina Friends School adopted a five-year masw plan in 1991 for development of the school. 9 M 1992 the Special Use Permit was modified to include expansion of buildings and parking consistent with the 10 school's master plan. In 1996,8,500 square feet of additional fow area was included in the Special Use Permit for a 11 new gbraryftU building and expansion of several other existing structures. The changes also involved a Zoning 12 Atlas amendment to rezone the 16.38 acres being added to the school from Rural Buffer to Planned Development- 13 Rural Buffer,and to rezone the acreage going to Duke University from PD-RB to RB. 14 15 COMMENTS ANIMR QUESTIONS FROM THE BOARD OF COMMISSIONERS: None 16 17 CONOMMM ANOM OUESTONS FROM CITIZENS: None. 18 19 A motion was made by Commissioner Gordon,seconded by Commissioner Halkiotis,to refer the proposed 20 amendment to the Planning Board for siecoininendaft to be returned to the Board of Commissioners no sooner 21 than May 5,1997. 22 VOTE UNANIMOUS 23 24 The public hearing remains open,for written comment only.'unW the close of the Orange County Planning 25 Board meeting on April 3rd. 26 27 D. REPORTS(for inttoanation only-not a public hearing) 28 1. Triangle Transit Authority 29 This item was postponed until a later meeting. 30 31 E. CLOSED SESSION-Personnel natter. Authority: G.S.143-318.11 (aX6) 32 33 A motion was made by Commissioner Carey.Jr.,seconded by Commissioner Halkiotis,to go into 34 Closed Sesak n. 35 VOTE. UNANIMOUS 36 37 A motion was made by Chair Crowther,seconded by Commissioner Halkiods,to return to Open 38 Session. 39 VOTE UNANIMOUS 40 41 ADJOURNMENT 42 43 A.,iodoi was made by Chair Crowther,seconded by Commissioner Halkictis,to adjourn the meeting. 44 VOTE UNANIMOUS 45 46 ThWe being no Nrdw business,the meeting was adjoumed. The next regular meeting of the Orange 47 County Boold of Commissbriers wig take piece on March 5, 1997 in the Old Courthouse,Hillsborough. North 48 Carolina. 49 So Respectfully sub mOtte o, 51 52 Kathy Baker,Deputy Clerk TOTAL P.09 s/G/�7 vK•dP•t vi.ss�WwCt en�e.v r1u�Wrt�S - 34 VOTE: Unanimous. (3) PD-1-97 Carolina Friends School Presentation by Emily Cameron. This item is for consideration of a proposed modification to the Special Use Permit for Carolina Friends School which would allow the school to swap acreage with Duke University and modify the boundaries of the school site. Carolina Friends School is an existing private school located on the north side of Mt.Sinai Road(SR 1718)and west of Friends School Road(SR 1719). The property contains 33.94 acres and is zoned PD-RB,Planned Development-Rural Buffer. In August of 1990 a Class A Special Use Permit was issued for Carolina Friends School to allow the use of the school's wastewater disposal system in the Rural Buffer. Article 6.20.1 of the Zoning Ordinance states that a package treatment plant with a design capacity over 3000 gallons per day may be allowed in the RB district only through approval of a planned development. Article 6.3.2.2 of the Zoning Ordinance also requires a planned development approval where there are multiple principal structures on a non-residential lot greater than two acres in size. The Board of Directors of Carolina Friends School adopted a five-year master plan in 1991 for development of the school. In 1992 the Special Use Permit was modified to include expansion of buildings and parking consistent with the school's master plan. In 1996,6,500 square feet of additional floor area was included in the Special Use Permit for a new library/arts building and expansion of several other existing structures. The current request involves modification of the school boundaries by a proposed land swap with Duke University of approximately 16.38 acres as shown on she vicinity map. The trade will provide a more efficient configuration of the school site for any future expansion as well as 925+ feet of additional frontage on Friends School Road. In addition,the 16.38 acres going to Duke University will be incorporated into Duke Forest and will provide a connection between the Couch Tracts of the Durham Division and the Korstian Division of Duke Forest. Such a connection will facilitate wildlife movement and biodiversity. The proposed boundary change represents a modification to the Special Use Permit issued in I990,amended in 1992 and 1996,although the total acreage of the site remains the same. Article 8.7.3 of the Zoning Ordinance requires that such a change be considered by the Board of Commissioners following a public hearing. The change also involves a Zoning Atlas amendment to rezone the 16.38 acres being added to the school from Rural Buffer to Planned Development-Rural Buffer,and to rezone the acreage going to Duke University from PD-RB to RB. A letter from NCDEHNR indicates that the current permit for sewage disposal will be unaffected by the school's boundary change. Findings 35 have been proposed by the Planning Staff to demonstrate compliance with the Zoning Ordinance and the Comprehensive Plan.The letter from NCDEHNR,findings and revised Special Use Permit are attachments to these minutes on pages The modification to the Special Use Permit and rezoning was presented at the February 24 public hearing. No citizen comments were received at the public hearing. The Board of Commissioners referred the item to the Planning Board for a recommendation. The Planning Staff recommends approval of the modification of the Special Use Permit for Carolina Friends School and the necessary rezoning based on the findings of fact. Using the vicinity map,Cameron demonstrated the location of the acreage involved in the swap. MOTION: Brooks moved agreement with Planning Staff'findings. Seconded by Walters. VOTE: Unanimous. MOTION: Strayhorn moved approval of the modification to the Special Use Permit for Carolina Friends School. Seconded by Katz. VOTE: Unanimous. AGENDA ITEM#9: SUBDIVISION APPLICATIONS ' a. Concept Plans (1) Mill Pointe-Phases 3-8 (Cedar Grove/Cheeks Townships -63 Lots) Presentation by Emily Cameron. The property is located on the east side of Mill Creek Road(SR 1343)at the Cedar Grove-Cheeks Township line between High Rock Road(SR 1340)and Charlie's Dead End Road(SR 1347). Current zoning is Rural Residential'south of the township line,Agricultural Residential north of the township line,and Back Creek Protected Watershed. Phases I and 2 of Mill Pointe are located across Mill Creek Road and were completed in 1995. Total acreage of the tract is 121.58. A portion of the property is currently being farmed by the owner,C.M.Ray,Jr. The majority of the site slopes l at a gradient of less than 7.5%. Slopes between 7.5%and 15%cover less than 30%of the site. Slopes over 15%(Secondary Conservation Area) are found on approximately two acres near the northwest corner of the site. The land drains to the west toward Back Creek. Two small intermittent streams flow near the northern and southern boundaries of the subdivision and then under Mill Creek Road. The streams are considered