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HomeMy WebLinkAboutAgenda - 04-01-1997 - 8l 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1, 1997 Action Agenda Item# $- . SUBJECT: SUP (A)-2-97 THE OLD PLACE - SPECIAL USE PERMIT RENEWAL DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: Yes_x—No BUDGET AMENDMENT REQUIRED: Yes_x—No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Vicinity Map Extension 2580 Site Plan Special Use Permit TELEPHONE NUMBERS: Findings of Fact Hillsborough 732-8181 Certificate of Mailing Durham 688-7331 2/24/97 Public Hearing Minutes Mebane 227-2031 3/6/97 Draft Planning Board Minutes Chapel Hill 967-9251 PURPOSE: To close the public hearing and to consider renewal of a Class A Special Use Permit for The Old Place, a Bed and Breakfast establishment. BACKGROUND: On October 17, 1989,the Board of County Commissioners issued a Class A Special Use Permit to Joseph and Avis Rice to operate a Bed and Breakfast in a historic log cabin. The Table of Permitted Uses identifies this use as"Historic Sites Non-Residential Mixed Use." Article 8.8.24.2 of the Zoning Ordinance limits this type of permit to a six-year period. The Rices requested renewal of their permit in December 1996. The property is located in Cheeks Township, on the west side of Saddle Club Road. A log cabin is located on the property which is listed on the National Register of Historic Places as the Paisley-Rice Log House. The house is located on an 11.83 acre parcel. The facility provides food and lodging for up to four guests at any given time. Site conditions and operation of the bed and breakfast remain the same as when the Special Use Permit was approved in 1989. f f 2 The property owner has rights to an easement along the southeastern corner of the property to Saddle Club Road. The easement currently provides access to the log house. The parcel has adequate frontage on Saddle Club Road, so that a separate driveway could be utilized if any problems with the existing access easement arise in the future. A permit to operate a Bed and Breakfast Home is required by the North Carolina Division of Health Services. The Orange County Division of Environmental Health acts serves as the authorized agent for the state in administering the regulations. Inspection of the facility by Environmental Health, and maintaining the permit for a Bed and Breakfast Home is included as a condition of approval. A copy of the new Special Use Permit is included in the attachments, as well as the findings of fact indicating compliance with Zoning Ordinance requirements. The request for renewal was presented at the February 24 public hearing. One citizen, Jerry Craddock, requested that access to the site be changed so that an easement on his property could be abandoned. The access easement being used is a perpetual easement granted in 1968,prior to current owner's purchase of the property adjacent to the Old Place in 1972. According to the survey on file,the easement encumbers approximately 0.15 acre of Mr. Craddock's property. The Board of Commissioners referred the item to the Planning Board for a recommendation. No evidence was presented at the public hearing that would require a negative finding be made on any of the ordinance provisions or the general standards. On March 6 the Planning Board voted unanimously to approve the specific ordinance requirements and the general standards as recommended by the Planning Staff. Accordingly,the Planning Board voted to approve the renewal of the Class A Special Use Permit for the Old Place. RECOMMENDATION: The Administration recommends approval of the renewed Class A Special Use Permit based on the attached findings of fact. Z � 9 l ter t E it s _ n 2 t k"s` .1 e� a9 d'c J �J q t a ;b_1%I'll!u 3'ry l • i ' r 1 �/( gyp. 7,_ ' 1 r c ./ � jo ow l © y 1 � 1 1 V tl 1 l a 7� W V � pp 4' 1 ♦o �� i • �zw V W t .� i - 4 / lQ 317 I I 3 5 A 37 k 9.47 AC. D 5280'0 3.87 AC. I� u 0 c 2.35 AC. I IL U CAL. { v (n I1 68 21C ` r U" •1596 Q �UP'►'g 1.88 2 �� i *: 5 2428 �� w e \ �% 1 r 0 S 1 .8 3 AC . 198A C 1�I 5 7. 2 cEMOTERY LL LU 5014 4 l' 7879 SUP-2-97 to f o zz w (Renewal of SUP-1-89) �� ! y y < cD The Old Place 8.7541�z a < Applicants: Joe and Avis Rice �oJ�j 32 AC. a Zoning: Agricultural Residential �j Back-PW Scale: finch = 400 feet � off 38 39 Q t 3767 / •9748 13.91 AC. 20.01 AC. 5695 C a. c= 3 I- O � ► 21 A \ •0043 5AC. •5946 gp{G„n� I 5 AC. (ovaµ oP t4 ' cn lie W �iI 5 Prepared By: Emily Cameron Return to: Orange County Planning Department Hillsborough,NC ORANGE COUNTY NORTH CAROLINA SPECIAL USE PERMIT KNOW ALL PERSONS BY THESE PRESENTS,that the undersigned Joseph A. and Avis L. Rice 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 May 5, 1997, the terms of which are as follows: NAME OF PROJECT: A bed-and-breakfast establishment known as the Old Place. TYPE OF SPECIAL USE: Class A Special Use Permit NAME OF DEVELOPER: Joseph A. and Avis L. Rice 1600 Saddle Club Road Mebane,North Carolina 27302 DESCRIPTION OF PREMISES LOCATION: On the west side of Saddle Club Road(S.R. 1346) approximately 1.4 miles north of Lebanon Road(S.R. 1306). DESCRIPTION OF PREMISES: Cheeks Township, Tax Map 1, lot 68. The property subject to the restrictions imposed by this Special Use Permit is all of the 11.83 acres shown on the plat and survey by Alois Callemyn, Registered Land Surveyor, entitled"Property of Joseph A. and Avis L. Rice", dated November 28, 1989,and recorded on Plat Book 54, Page 21, of the Orange County Registry. AREA OF PROPERTY: 11.83 acres or 515,314.80 sq. ft. 6 SPECIAL. TERMS AND CONDITIONS The Board of Commissioners of Orange County approved a Class A Special Use Permit on May 5, 1997. The property subject to this Special Use Permit is owned by Joseph A. and Avis L. Rice. The terms herein contained are binding on the present owners and their successors in title and in interest until such time as the project herein described or the conditions herein are otherwise changed by governmental action. The bed and breakfast establishment and all other site improvements shall be maintained in accordance with the Site Plan prepared by Alois Callemyn, Registered Land Surveyor, dated May 16, 1989 and last revised November 28, 1989,the narrative statement of the project, and all other documents pertaining to the project, all of which are incorporated herein and made a part of this Special Use Permit. This Special Use shall be subject to the special conditions listed below. The conditions of approval are as follows: 1. The Paisley-Rice Log House shall maintain its listing on the National Register of Historic Places. 2. A valid permit to operate a Bed and Breakfast facility issued by the N.C. Department of Environmental Health and Natural Resources, Division of Environmental shall be maintained at all times. Revocation of the permit shall render this Special Use Permit null and void. 3. There shall be no more than four(4)guests staying overnight at any given time. 7 NORTH CAROLINA ORANGE COUNTY 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 ORANGE COUNTY BY (SEAL) Beverly Blythe John M. Link Clerk to the Board of County Manager Commissioners ACCEPTED (SEAL) Owner (SEAL) Owner 8 NORTH CAROLINA ORANGE COUNTY I, , a Notary Public in and for said County and State do hereby certify that , County Manager of Orange County, and , Clerk to Board of Commissioners, duly sworn says each for himself/herself that he/she knows the corporate seal of the County of Orange and that the seal affixed to the foregoing instrument is the corporate seal of the County of Orange and , County Manager of said Orange County,and , Clerk to Board of Commissioners,subscribed their names thereto; that the corporate seal of the County of Orange was affixed thereto, all by virtue of a resolution of 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 day of , 19_ Notary Public My commission expires: NORTH CAROLINA ORANGE COUNTY I,a Notary Public of the Orange County and State aforesaid, certify that and personally came before me this day and acknowledged the due execution of the foregoing instrument. IN WITLESS WHEREOF, I have hereunto set my hand and Notarial Seal this the day of ' 19 Notary Public My commission expires: 9 FINDINGS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS PERTAINING TO APPLICATION: SUP-1-89-THE OLD PLACE *REVISED FOR RENEWAL SUP(A)-2-97 Specific regulations governing individual Special Uses are set forth in Article 8.8. These regulations are divided into two(2)sections which include application components,and specific standards for Special Uses(Article 8.2.4). Other requirements are set forth in the Zoning Ordinance, including the provisions of Article 5(Dimensional Requirements)and Article 6(Application of Dimensional Requirements). Listed below are the findings of the Orange County Board of County Commissioners regarding the application in question. ARTICLES 8.6 AND 8.8-APPLICATION COMPONENTS(Yes"indicates compliance•"No"indicate Non-compliance) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE Sl JBMITTFD TO SUPPORT FINDINGS Ordinance Requirements 8.6-Application submitted _x—Yes No Application form submitted. on forms providing full and accurate description of proposed use,including location,appearance and operational characteristics. 8.8 a)-Twenty-six(26)copies _x—Yes No 26 copies supplied. of the site plan prepared by a registered N.C. land surveyor or engineer containing: 1. North point,scale and date _x—Yes No Indicated on site plan. 2. Extent of area to be developed _x—Yes No Indicated on site plan. *3.Location and width of all _x—Yes No Frontage is provided on Saddle Club Road, easements and rights-of-way an existing easement is used to provide within or adjacent to the site. access as shown on the site plan. 4. Location of all existing or _x—Yes No All existing and proposed structures proposed structures on the are indicated on the site plan. site. 5. Location of all areas on the _x—Yes No No flood hazard areas or floodpWns site subject to flood hazard exist on property. or inundation as shown on flood maps or soil maps. 6. Location of all water courses _x—Yes No Direction of drainage flow is on the site,including the indicated on site plan. direction of flow. 10 ARTICLES 8 6 AND 8.8-APPi i[`ATION COMPONENTS( ontinmgM COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE S1 MMITTED TO SUPPORT FINDINGS Ordinance Requirements 7. Existing topography at a _x_Yes No 5'contours shown on site plan. contour interval of five(5) feet based on mean sea level datum. 8. Proposed or existing fencing, _x—Yes No Parking spaces are indicated on site screening,gates,parking, plan. A service/storage shed is service and storage areas. indicated on the site plan with landscape screening provided. •9. Access to site including _x—Yes No Sight distances on Saddle Club Road sight distances on all roads are indicated on the site plan. used for access. •I O.Elevations of all structures _x—Yes Photos of the historic structure and storage shed proposed to be used in the were provided. development. 11. Names and addresses of _x—Yes No Included with application. owners and applicants. 12. A fee,as set by the Orange —x—Yes No Fees paid. County Board of Commissioners. 13. A traffic impact study as _N/A_Yes No Traffic Impact Study not required. required by Article 13. Letter from NCDOT indicates that the traffic generated will be equivalent to a single-family residence. ARTICLE 8.2.4-SPECIFIC STANDARDS! LL SPECi L S (Yes"indices compliance-"No"indicates Non-compliance1 COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS Ordinance RequiremOM Article 8.2.4 requires the applicant to address the following: 'a)Method and adequacy of x_Yes No Environmental Health has indicated that provision of sewage disposal the sewage disposal and water service is facilities,solid waste and adequate and that the inn is in compliance water service. with their facility permits. 11 ARTICLE 8.2-4-SPECIFIC STANDARDS/ALL SPECIAL USES (Continued) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS Ordinance Requirements 'b)Method and adequacy of _x—Yes No Agency letters provided. The request for police,fire and rescue renewal of the Special Use Permit was squad protection. reviewed by the Orange County Sheriff, Emergency Management,and the Mebane Fire Department. c) Method and adequacy of _x—Yes No Existing access to the Inn structure is vehicle access to the site by an easement off of Saddle Club Road. and traffic conditions The Mebane Fire Department has indicated around the site. that the structures are accessible for purposes of fire protection. The property has direct frontage on-Saddle Club Road,so that a driveway on-site can be constructed in the future. ARTICLE 8.2.4-APPLICATION COMPONENTS (Yes"indicates compliance:"No"indicates Non-compliance! COMMISSIONERS - FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS Ordinance Requirements Article 8.8.24 requires the applicant to address the following: a.The site plan,prepared by a NC registered land surveyor or engineer,shall also contain the following: " 1.Location,width,and type _x—Yes No Access indicated on site plan. of all internal vehicular and pedestrian circulation. 2.Location and dimensions _x—Yes No No signs proposed. of all on-site signage. 3.Boundaries of the site _x—Yes No Indicated on site plan. and distance to nearest residential structures. 12 • ARTICLE 8.2.4-APPLICATION COMPONENTS(Continued) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO-SUPPORT FINDINGS Ordinance Requirements b.Description of the proposed use(s)of the site and the buildings thereon,including the following: 1.Amount of area allocated —x—Yes No Use of site proposed to be Bed& to each use. Breakfast. '2.Number of full and part- —x—Yes No The owners are the employees. time employees. 3.Number of clients and/or —x—Yes No Two to four guests at any one time. occupants expected to use the facility. 4.Proposed hours of —x—Yes No Overnight guests. operation for non- residential uses of the site and within buildings thereon. ARTICLES 8.6 and 8.8-APPLICATION COMPONENTS(Continued) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SI 13MITTF-D TO SUPPORT FINDINGS Ordinance Requirements c)Building plans for all x_Yes No Floor plan,and photographs are existing or proposed provided. There is no change proposed structures to include floor affecting the style or character of the plans,elevations,and existing building. sections showing restoration/ rehabilitation proposed. Description of how the historical style and.,,_, character of the buiirig. is to be enhanced. ­ d.Landscape plan,at the same _x—Yes No Landscape plan has been submitted for review. scale as the site plan, showing existing or proposed trees,shrubs,ground cover and other landscape materials. 13 ARTICLES 8.5 and 8.8-APPLICATION COMPONENTS(Continued) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS Ordinance Requirements e. Statement from the _x—Yes No The Orange County Health Department appropriate public service has indicated that water supply and agencies concerning the septic disposal capacity is adequate. method and adequacy of water supply and wastewater treat- ment for the proposed uses. f. Statement from the _x—Yes No Agency comments indicate that all appropriate public service services are available. agencies concerning the provision of fire,police and rescue protection to the site and structures. g.Evidence that the property _x—Yes No A certificate that the Paisley-Rice Log is listed on the National House is entered on the National Register Historic Register or of Historic Places has been submitted. recognized by the State of North Carolina as places of historic interest. h.The proposed development _x—Yes No No further site development is proposed. schedule for the site. i. The site plan submitted _x—Yes No All requirements are met. meets all requirements specified in sub-sections 8.8 a)and 8.8.24.1 a). 14 • ARTICLE 8.8.24-APPLICATION COMPONENTS(Continued) COMMISSIONERS FINDINGS BASED ON SUBMITTED APPLICATION EVIDENCE SIJBMITTEQ TO SUPPORT FINDINGS Ordinance Requirements j. Proposed uses and facilities _x—Yes No The site contains more than 11 acres, are complementary and com- with no new structures proposed. patible with surrounding area, Special Use Permit would allow for and appropriate in the location utilization of the existing structure proposed given character of as a Bed&Breakfast. Any changes to surrounding development. The the existing building would require proposed use of the historic approval from the Department of structure shall be of such a Cultural Resources. nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. k.Structural alterations of —x—Yes No Any structural alterations are subject historic structures shall to approval by the N.C.Department of be of such a nature as to Cultural Resources. preserve the historic character of the building(s). 1. Fire,police and rescue _x—Yes No Fire,police,and rescue services are services and water supply adequate. and wastewater treatment methods are adequate to serve the proposed uses and facilities. m.Recreational areas,service _x—Yes No Parking and screening area shown on areas,parking and screening the site plan. are adequate for the proposed use(s). n.The site is served by direct —x—Yes No The site has frontage on Saddle Club access to a State-maintained Road. road. o.Internal vehicular and: —x—Yes No Vehicular access is provided to the pedestrian circulation is facility. Pedestrian access is not adequate for the proposed necessary since only one building is use(s). proposed. p.All applicable requirements _x—Yes No Staff review indicates that all of Article 4,3,6,8,9, 10 ordinance requirements are met. and 12 have been satisfied. 15 ARTICLE 8 -GENERAL STANDA 114/Ai i SPECIAL USES(yes"Indicates Compliance:"No"indicate Non omRiancel 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 beF., 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. i 16 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 r• v a " to 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 renewal of the Special Use Permit for The Old Place in Cheeks Township, to each property owner as required by 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 Sn the zoning variance request. WITNESS my hand,this the 14th day of February, 1997. EMILY CAMERON ZONING OFFICER .,-:,- - -r-..7 r�•�-i DUL..�I`J-f` �CK 913004 P.07i09 Pu ew c,44 aziti1C1 ►-i ruu LM!5 1 S. Special Use Permit 17 2 Chair Crowther Chained all of the following items. 3 4 Emily Cameron, Eddie Kirk, Inna Deng Johnson,Jerry lane Craddock and Harold Hams 5 were sworn in by the Deputy Clerk, Kathy Baker., 6 7 (a) SUP(A).1-97 The Inn at Bingham School(Bed and Breakfast) 8 The following item was presented by Emily Cameron for the purpose of receiving 9 citizen Comment on the renewal of the Class A Special Use Pettit for the Inn at Bingham School to allow the site to 10 continue as a bed and breakdast inn in accordance with Article 8.8.24 of the Zoning Ordinance,Historic Sites Non- 11 Residential Reuse Wed Use. The Inn at Bingham School is an existing historic site located in western Bingham 12 Township and fisted on the National Register of Historic Places. On September 30, 1985,the Board of County 13 Commissioners approved a Class A Special Use Permit for the site to be operated as a bed and breakfast inn. 14 Article 8.8.24.2 of the Zoning Ordinance establishes a six-year time limit on this type of Special Use Permit The is owners who purchased the property in 1994 are now requesting renewal of the permt The property a located at 16 the northeast comer of the intersection of NC Highway 54 West and Mebane Oaks Road(SR 1007). The current 17 zoning a Agriaulhirai Residential acrd Cane Creek Protected Watershed. The parcel contains 9.98 acres and is 18 referenced as lot 19 on Taut Map 17. The inn remains in Compliance with the conditions of the original Special Use 19 Permit A draft of the renewed permit is in the attachments and Wdtudes language to allow the owners to host 20 outdoor receptions for guests staying at the inm it also would allow an existing smokehouse to be converged to rest 21 room facilities,pending approval of the Orange County Health Deparbnent,Division of Environmental Health.and 22 the Inspections Division of the Planning Department 23 24 COMMENTs AN=Ft odEsTiONS FROM THE BOARD OF CCIORSWONEIRSe None 25 26 COMMENTS AND/OR OUESTONS MQU CITIZENS: None. 27 28 29 A.,Poft,was made by C loner Gordon.seconded by Cmunissioner Brown,to refer the proposed 30 amendment tote Planning Board fora reCammerxiatiort to be returned to the Board of Commisemms no sooner 31 than May 5,1997. 32 VOTE UNANIMOUS 33 34 (b) SUP(A)-2-97 The Oki Place(Bed and Breakfast) 35 This ftrm was presented by Emily Cameron Zia the purpose of nceivirtp citizen 36 comment on the renewal of a Class A Special Use Permit for The Old Place,a Bed and Broaktag eslabffs ww"t On 37 October 17, 1989,the Board of County Commissioners issued a Class A Special Use Pettit to Joseph and Avis Rice 38 to operate a Bed and BMddh$t in a histor1C log cabin. The Table Of Permitted Uses identifies this use as'Hlstarlc 39 Sites Non-Residential Mixed Use.' Article 8.8.24.2 of the Zoning Ordinance knits this type of permit to a sir-rear 40 period. The Ricer requested renewal of their permit in December 1996.The property is located in Cheeks Township. 41 on the west side of Saddle Club Road. A log cabin Is located on the property which is listed on the National Rcgidw 42 of Hisgorie Places as the Paistry-lice log House. The house in located on an 11.83 son parcel. The hcDity 43 provides/cod and b ftkp for up to few guest at any 9N^lucre. Site conditions and operation of the bed and 44 breakast re nem the same as when the Special Use Permit was approved in 1989. The property owner has rights to 45 an easanrura along the souammown comer of the Property to SaddM Chub Road. The easetent Currently Provides 46 access to the log housa The parcel has adequate frontage On Saddle Club Road,so that a separate driveway could 47 be utitzed if any problems with ttte sucstirtg access essernerd arise in the future. 48 4 9 • None 50 51 52 5 3 A& jeny Craddock,an adp"M landowner,menticned that the map shows a mad entering the property on 54 the beck side of the 32 amt The Owner of The Old Place has road hcntage ono he would very much We for that c 1 Portion of the property to be used for entrance and exit to The Old Place. This use of his 18 2 acre of his land to be unusable P^DPenY doses 1/4 of an 3 5 P oorrrrnented that her understanding was that the road frontage eras granted through 6 7 A motion was made by Commissioner Carey,Jr.,seconded by Commissioner Halkiotis.to refer the proposed 8 amendnvnt to the Planning Board for a recomrnendabon to be.etun ed to the Board of Commissioners no sooner 9 than May 5, 1997. 10 VOTE UNANIMOUS 11 12 (c) SUP(A)-3.97 Orange Regional Landfill 13 This item was presented by Eddie Ktrk for the purpose of receiving citizen comment 14 on a Class A Special Use Permit for an addition to the Orange Regional Landfill. The Orange Regional LwWv is 15 located on the north and south side of Eubanks Road(SR 1727)north of Chapel Hill. The subject property(Tax Map 16 Number 7.18..27D)contains 1276 aces and is located Wwr ediatey west of the existing landfill on the north side of 17 Eubanks Road. It is zoned Rural buffer and designated Rural SufAer on dw Joint Planning Area Land Use Plan. The 18 existing landfill is 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 8.8.2 of the Orange County Zoning Ordinance to construct a 20 4000 square That vehicle rank enance building,to Process Yard waste and storm debris on an ongoing basis.and to 21 process recyclable materials which will include white appliances,tines and scrap metal. Access to the site will be 22 provided through the ebs"landfill. There will be no direct access to Eubanks Road. A 1004bot buffer will oe 23 provided around the perimeter of the site,except along the eastern border.next to the existing landfill. 24 25 COMMEM AND/OR QUESTIONS FROM THE BOARD OF QQMMM=NEgs. 26 27 Commissioner Gordon asked for clarifications about storage of scrape metal on the site. 28 29 Mr.lOn1t stated that the scrape metal would be in roll-off containers. He asked Mr.Harold Harris.who is 30 employed at the Landfill,b speak to this matter.Mr.Harts was sworn in at this time. 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 e question.he stated 35 that no one lives next door to the landfill Duke University Is on the North side and on the west side there are no 36 houses. Across the road about 500 fiest down there fs a house. He also mentioned that this 4000 sq.R Willy would 37 be in operation 15 or 20 years at least Water would be provided by well and sewer by septic system. 38 39 40 41 Ms.Inns Deng Johnson.a landowner adjacent to this site,requested that the IanditM not be expanded. The 42 landowners in this area are not berg compensated for loss of property value which results from living new Me tan M. 43 She fait that the time was wrong to allow this facility to be built It would be a better ides to have the question of siting 44 In new answered prior to any additlonal building on this site. 45 46 A moron vm cede by Comrnissiorxr Carry..Jr..seconded by C immissioner Brown,to re/er the proposed 47 amendmaft b the Ptarn+itg Board f or a recornrnerdation to be returned to the Board of Commissioners no sooner 48 than April 1.199.' 49 VOTE: UNANIMOUS 50 51 (d) PO-1-97 Caroliirm Friends Schod(Modification) 52 This Teem was preeanted by Emily Cameron for the prxpoee of receiving cletran S3 eon anent on a proposed mo6Aratlon b the Special Use Permit fix Carollr=Friends School wtUCh wand allow the 54 sctwd b scrap acreage with Doha Universfy and modffy the boundaries of the school site. Caroko Friends school is 19 The Inn at Bingham School is an existing historic site located in western Bingham Township and listed on the National Register of Historic Places.On September 30, 1985,the Board of County Commissioners approved a Class A Special Use Permit for the site to be operated as a bed and breakfast inn. Article 8.8.24.2 of the Zoning Ordinance establishes a six-year time limit on this type of Special Use Permit. The owners who purchased the property in 1994 are now requesting renewal of the permit. The property is located at the northeast corner of the intersection of NC 54 West and Mebane Oaks Road(SR 1007). The current zoning is Agricultural Residential and Cane Creek Protected Watershed. The parcel contains 9.98 acres and is referenced as lot 19 on Tax Map 17. The inn remains in compliance with the conditions of the original Special Use Permit. A draft of the renewed permit is in an attachment to these minutes and includes new language to allow the owners to host outdoor receptions for guests staying at the inn. It also would allow an existing smokehouse to be converted to rest room facilities,pending approval of the Orange County Health Department,Division of Environmental Health,and the Inspections Division of the Planning Department. Findings of fact demonstrating compliance with Zoning Ordinance requirements are attachment to these minutes on pages . The Orange County Sheriff and Emergency Management were notified of the request for renewal of the Special Use Permit.Each responded that service could continue to be provided without additional personnel or equipment. The Special Use Permit renewal was presented at the February 24 public hearing. There were no citizen comments and the Board of Commissioners referred the item to the Planning Board for a recommendation. The Planning Staff recommends approval of the renewed Class A Special Use Permit for the Inn at Bingham School based on the findings. MOTION: Strayhom moved agreement with Planning Staff findings. Seconded by Brooks. VOTE: Unanimous. MOTION: Walters moved approval of renewal of the Special Use Permit for the inn at Bingham School. Seconded by Allison. VOTE: Unanimous. (2) SUP(A)-2-97 The Old Place(Bed and Breakfast) Presentation by Emily Cameron. This item is for consideration of the renewal of a Class A Special Use- Permit for the Old Place,a Bed and Breakfast establishment. t 20 On October 17, 1989,the Board of County Commissioners issued a Class A Special Use Permit to Joseph and Avis Rice to operate a Bed and Breakfast in a historic log cabin. The Table of Permitted Uses identifies this use as"Historic Sites Non-Residential Mixed Use". Article 8.8.24.2 of the Zoning Ordinance limits this type of permit to a six-year period. The Rices requested renewal of their permit in December 1996. The property is located in Cheeks Township,on the west side of Saddle Club Road. A log cabin is located on the property which is listed on the National Register of Historic Places as the Paisley-Rice Log House.The house is located on an 11.83 acre parcel. The facility provides food and lodging for up to four guests at any given time. Site conditions and operation of the bed and breakfast remain the same as when the Special Use Permit was approved in 1989. The property owner has rights to an easement along the southeastern comer of the property to Saddle Club Road.The easement currently provides access to the log house. The parcel has adequate frontage on Saddle Club Road,so that an separate driveway could be utilized if any problems with the existing access easement arise in the future. A permit to operate a Bed and Breakfast Home is required by the North Carolina Division of Health Services. The Orange County Division of Environmental Health acts as the authorized agent for the state in administering the regulations. Inspection of the facility by Environmental Health,and maintaining the permit for a Bed and Breakfast Home is included as a condition of approval. A copy of the new Special Use Permit and the findings of fact indicating compliance with Zoning Ordinance requirements are attachments to these minutes on pages The request for renewal was presented at the February 24 public hearing. One citizen requested that access to the site be changed so that an easement on his property could be abandoned. The access easement being used is a perpetual easement granted in the 1960's,prior to current owner's purchase of the property adjacent to the Old Place. The Board of Commissioners referred the item to the Planning Board for a recommendation. The Planning Staff recommends approval of the renewed Class A Special Use Permit based on the findings of fact included in these minutes on Pages MOTION: Katz moved agreement with Planning Staff findings. Seconded by Strayhom. VOTE: Unanimous. MOTION: Brooks moved approval of the renewal of the Special Use Permit for the Old Place. Seconded by Price. t 21 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 the 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. A letter from NCDEHNR indicates that the current permit for sewage disposal will be unaffected by the school's boundary change. Findings J