HomeMy WebLinkAboutBOA agenda 010818
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245-2575
(919) 644-3002 (FAX)
www.orangecountync.gov
131 W. Margaret Lane
Suite 201
P. O. Box 8181
Hillsborough, NC 27278
AGENDA
ORANGE COUNTY
BOARD OF ADJUSTMENT
LOWER LEVEL MAIN CONFERENCE ROOM – WEST CAMPUS
OFFICE BUILDING
131 W. Margaret Lane
HILLSBOROUGH, NORTH CAROLINA
January 8, 2018
7:00 p.m.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF MINUTES – None
4. PUBLIC CHARGE:
The Board of Adjustment pledges to the citizens of Orange County its respect.
The Board asks its citizens to conduct themselves in a respectful, courteous
manner, both with the Board and with fellow citizens. At any time should any
member of the Board or any citizen fail to observe this public charge, the
Chair will ask the offending person to leave the meeting until that
individual regains personal control. Should decorum fail to be restored, the
Chair will recess the meeting until such time that a genuine commitment to
this public charge is observed. All electronic devices such as cell phones,
pagers, and computers should please be turned off or set to silent/vibrate.
The Board of Adjustment is a quasi-judicial administrative body established
in accordance with the provisions of local regulations and State law to
perform specified functions essential to the County’s planning program.
Action(s) taken by the board are based solely on competent, substantial, and
material evidence presented during a previously scheduled and advertised
public hearing on a specific item. As detailed within Section 2.12.2 of the
UDO the Board chair reserves the right to exclude evidence and testimony that
is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and
therefore fails to reasonably address the issues before the Board of
Adjustment. While it should be noted there is no time limit on the
presentation of evidence, the Chair asks that the presentation of evidence be
consistent with established policies, rules of procedure, and acceptable
levels of decorum to ensure a fair and equitable hearing for all parties.
No. Page(s) Agenda Item
5. CASE A-1-18 – Public Hearing to review a Class B Special use Permit
decision concerning the development of a Camp/Retreat Center on
properties off of NC Highway 54 within the Bingham Township of Orange
County (PINs 9749-10-1791 and 9748-19-4003).
6. ADJOURNMENT
IF UNABLE TO ATTEND THIS MEETING, PLEASE CALL THE PLANNING DEPARTMENT
(NUMBERS LISTED BELOW – PRESS 1 PLUS EXTENSION 2575 OR 2585). STAFF CAN THEN
DETERMINE IF A QUORUM WILL BE PRESENT FOR THE MEETING.
HILLSBOROUGH – (919) 732-8181 ; MEBANE – (919) 227-2031
CHAPEL HILL – (919) 967-9251 ; DURHAM – (919) 688-7331
1
ORANGE COUNTY
BOARD OF ADJUSTMENT
PUBLIC HEARING
AGENDA ITEM ABSTRACT CASE A-1-18
Meeting Date: January 8, 2018
Agenda
Item No. A-1-18
SUBJECT: CASE A-1-18: Class B Special Use Permit Proposing Development of a
128.34 acre parcel for a Camp/Retreat Center on NC Highway 54 Called American Legion
Post #6
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Site Assessment;
2. Application Package;
3. NIM and BOA Notification Materials;
4. Staff Comments; and
5. Special Use Permit Findings of Fact.
Patrick R. Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
UNDER SEPARATE COVER
a. Full Scale Copy of Site Plan
PURPOSE: To hold a quasi-judicial public hearing, receive sworn testimony and evidence, and
take action on a Class B Special Use Permit (hereafter ‘SUP’) application proposing the
development of a camp/retreat center in accordance with the provisions of:
• 2.7 Special Uses,
• 5.2.2 Table of Permitted Uses,
• 5.3.2 Application of Use Standards – Special Uses, and
• 5.7.5 Camp/Retreat Center
of the Unified Development Ordinance (hereafter ‘UDO’).
BACKGROUND: The basic facts concerning the current application are as follows:
Applicant/Contract Purchasers: American Legion Post 6
PO Box 2323
Chapel Hill, NC 27515
Owner: Mr. Samuel F. Ray
217 Crawford Road
Hillsborough, NC 27278
Consultants(s): Peter Bellantoni, PE and William Akin, PE
Pennoni
401 Providence Road, Suite 200
2
Raleigh, NC 27514
Location: South side of NC Highway 54 near approximately 2,300 feet from the
White Cross Raod and NC54 intersection. Please refer to Attachment 1
for a map of the parcel.
Parcel Information: a. PINs: 9749-10-1791; and 9748-19-4003
b. Size of parcel: +/-128.33 acres.
c. Zoning of parcel: Agricultural Residential (AR).
d. Township: Bingham.
e. Future Land Use Map Designation: Agricultural Residential;
Resource Protection; Rural Community Activity Node.
f. Growth Management System Designation: Rural Designated.
g. Existing Conditions/Physical Features: The property is
largely wooded with a mix of native hardwood and evergreen
trees along streams, floodplain and the perimeter of the
properties. The interior contains a farming field and pasture.
The property has varied topography throughout. The lowest
elevations correspond with 100-year floodplain and jurisdictional
stream buffers. The farm field and pasture area ranges between
30-50 ft. above these low lying areas.
There are no existing structures on the property. The property
does contain an old family cemetery, which existing in a wooded
are in the middle of the farm field.
The current owner has been engaged in agricultural activities on
the properties, and maintains a NC Department of Revenue
(DOR) Agricultural Revenue sales tax certificate. However, the
applicant/purchasers do not intend on claiming bona fide farm
status or ‘agritoursim activities’ with this development.
h. Roads: Public access for proposed development would be via a
private drive off NC 54 as generally indicated on the plan.
i. Water and Sewer Service: The property is not located within a
primary utility service area. Any development on the property
would be served via private septic and well systems.
Surrounding Land Uses: a. NORTH: Single-family residences, undeveloped property, and
Camp/Retreat Center wedding venue called the Barn at Vahalla,
zoned R-1.
b. SOUTH: Single-family residences, undeveloped property, and
agricultural operation(s), all zoned AR.
c. EAST : Single-family residences, undeveloped property, and
agricultural operation(s), all zoned AR.
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d. WEST: Single-family residences, undeveloped property, and
agricultural operation(s), all zoned AR.
Proposal: As detailed within Attachment 2, the applicant proposes to develop/operate a
camp/retreat center, specifically the American Legion Post #6, on a 128.33 acre parcel of
property, further identified utilizing Orange County parcel Identification Numbers (PINs) 9749-
10-1791 and 9748-19-4003, within the Bingham Township.
The applicant wishes provide a facility to replace their former American Legion Post #6, which
was purchased by the Town of Chapel Hill for redevelopment. Meetings, ceremonies and
events will be held within a 16,600 square foot multi-purpose building, and athletic and
recreational facilities throughout the property. The project will include parking and other related
infrastructure to support the anticipated events. The facility will be used by the American
Legion and rented/leased to other groups for on-going meetings, sports and special events.
ORDINANCE REQUIREMENTS:
A “Retreat Center” is defined within Article 10 Definitions of the UDO as:
A new or existing facility operated by a corporation or association of persons or
churches for social and recreational purposes. A retreat center may be owned by
a profit or not-for-profit corporation.
A “Camp” is defined within Article 10 Definitions of the UDO as:
A recreation use which may include locations for tents, cabins, or other recreational
sleeping structures, but would not include mobile homes. A camp may be owned by a
profit or not-for profit corporation.
Section 5.1.2 Table of Permitted Uses of the UDO combines a camp and retreat center into the
same land use category, which is a permitted use of property within the AR general use zoning
districts subject to the issuance of a SUP.
Standards governing the development of a camp/retreat, as detailed in Section 5.7.5 of the
UDO, are as follows:
Standards for Class B Special Use Permit:
(1) Submittal Requirements In addition to the information required by Section 2.7, the
following shall be submitted as part of the application:
(a) A site plan prepared in accordance with Section 2.5, also showing the following
(existing or proposed):
(i) Buildings,
(ii) Campsites,
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
(vi) Access road(s) to the site, as well as on site roads, with an indication
of type of proposed surface.
STAFF COMMENT: A site plan has been submitted providing required
detail.
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Please note this is the required site plan denoting compliance with the UDO
as it relates to the issuance of the SUP. A final site plan shall be required
for submittal for review and approval by the County prior to the
commencement of earth disturbing activities as required in Section 2.5 of
the UDO.
The applicant has also included a detailed narrative within Attachment 2
providing additional information on the nature of the operations and
activities envisioned for the property.
(b) A description of the type of facility planned, the size, capacity, and use of
proposed buildings; a signed statement from the owners or operators that there
shall be no activity allowed that will have adverse effects on adjacent property.
The statement shall also include a complete list of all recreational activities that
will take place on the site.
STAFF COMMENT: Provided within Attachment 2 as well as on the
submitted site plan.
(c) A phasing plan, when necessary, indicating the area to be developed in each
phase with time periods for construction of each phase. This may be indicated
on the site plan.
STAFF COMMENT: The applicant proposes 2 phases for the development.
Required information is provided on the site plan with additional detail
contained within Attachment 2.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
STAFF COMMENT: Required information provided within Attachment 2.
(b) The site plan shall show the distances to the nearest residential structures.
STAFF COMMENT: Please refer to the attached site plan.
(c) The landscape plan shall show how the facilities will be screened from the
adjacent properties.
STAFF COMMENT: A Landscape plan for the area around the building
and off-street parking area is provided. A 100 foot wide buffer will be
provided along the perimeter of the property. Note, significant portions of
the perimeter and further screened by topographic conditions, stream
buffer and floodplain. Required information provided on submitted site
plan.
(d) If private recreational facilities are proposed, the improvements must meet
the site improvement requirements in Section 7.11 of this Ordinance. The
site plan for recreational facilities shall be reviewed by the Orange County
DEAPER Director.
5
STAFF COMMENT: According to the submitted application and site plan
private recreational facilities will be limited to the locations, frequency and
timeframes indicated in Attachment 2 and the site plan.
(e) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
STAFF COMMENT: The site plan contains required information.
As part of the submittal, the applicant has also voluntarily offered the imposition of the following
conditions on the SUP, specifically:
1. Agricultural Residential zoned parcels within Orange County, North Carolina allow camp
retreat uses with approval of a Class B Special Use Permit as per Section 5.2.1 of the
Orange County Unified Development Ordinance. The properties will be permitted to
develop the site as a meeting hall (permitted use) and camp retreat center uses.
STAFF COMMENT: Staff recommends the imposition of the following
condition:
In accordance with the provision(s) of Section(s) 5.2.1 Table of Permitted
Uses and 5.7.4 Camp/Retreat Center, activities allowed to occur on the
property shall be in accordance with the submitted application package and
narrative as approved by the Orange County Board of Adjustment on
January 8, 2018.
2. The American Legion is not claiming farm status; however, the existing forestry and
farmland uses will remain. These activities will be segregated from the meeting hall and
camp retreat uses by subdivision/recombination plat at a later date.
STAFF COMMENT: As written this condition is unacceptable.
Future subdivision/recombination activities will constitute a major
modification, as detailed in Section 2.7.15 of the UDO, requiring the
applicant to re-submit the proposal for review and approval by the Board of
Adjustment (i.e. a new Class B Special Use Permit application).
Staff recommends the condition be revised as follows:
Bona fide farm activities shall be allowed to continue on the subject parcels.
No disturbance of required land use, stream, or floodplain buffers as
denoted on the approved site plan shall be permitted to occur.
3. Noise
a. The site’s proposed use will adhere to the Orange County, North Carolina Unified
Development Ordinance Section 6.4.3 requirements for noise levels on site. This
will limit the site to 60 dBA at the property boundary between the hours of 7:00 AM
and 7:00 PM; and 50 dBA between 7:00 PM to 7:00 AM.
STAFF COMMENT: The provision(s) of Section 6.4.3 of the UDO are not
applicable to residentially zoned property.
The Sheriff’s office has ultimate responsibility for the investigation and
enforcement of noise regulations as detailed in Chapter 16 Article III of the
County’s General Code of Ordinances.
6
Staff recommends the condition be revised to read as follows:
The project shall comply with noise standards, including hours of operation,
as detailed within Chapter 16 Article 3 of the Orange County Code of
Ordinances.
4. Lighting
a. All site lighting (parking and athletic field) will be designed and operated in
accordance with Orange County, North Carolina Unified Development Ordinance
Section 6.11. Outdoor lighting on site will provide enough lite to illuminate the site
for safety of the intended use and security purposes, but not to exceed 0.1-foot
candles across any property lines on site.
STAFF COMMENT: On a general note the submittal does not contain a
formal outdoor lighting plan as required under Section 6.11 of the UDO.
There has also been no specific detail on the proposed outdoor athletic field
light(s) anticipated for location on the property.
Staff is recommending the condition be revised as follows:
To promote the public health, safety and general welfare as required in
Section 5.3.2 (A) (2) (a), to ensure adjacent property values are maintained
or enhanced as required in Section 5.3.2 (A) (2) (b), and to ensure the
proposed use is in harmony with the general area as required in Section
5.3.2 (A) (2) (c) of the UDO all lighting installed on the property shall comply
with the provisions of Section 6.11 of the UDO. Under no circumstances
may lighting levels exceed 0.1 foot-candles at any property line.
5. Fireworks
a. The American Legion will restrict fireworks usage on site to Memorial Day, the
Fourth of July, and Labor Day on site. Proper state and local permitting for any
firework usage on site will be required prior to any activities on the above-
mentioned days. Communication with the community will be conveyed via the
Legion’s website prior to fireworks being permitted on site.
STAFF COMMENT: Staff recommends the imposition of the condition as
suggested by the applicant.
6. Adequacy of Emergency Services
a. The location of the site is in the jurisdiction of Orange County Fire and Rescue and
the Orange County Sheriff's department. The adequacy of these services is more
than sufficient for this site and use, and the White Cross Volunteer Fire
Department Station 2 is located just 3.7 miles away. To further enhance safety on
site, the final design of the site will be coordinated with the Orange County Fire
Marshal to meet fire suppression requirements on site. Please note that the
proposed on-site pond will be constructed to NFPA 1142 fire pond standards;
however, compliance with this regulation on an annual basis is not a condition of
approval.
STAFF COMMENT: Staff is not supportive of the condition as currently
written and recommends the following:
For public safety as required in 5.3.2(B)(2) of the UDO, the Orange County
Fire Marshal shall review and approve the final site plan, including
7
construction of any and all required fire suppression ponds/facilities, prior to
the commencement of earth disturbing activities.
Ultimately it will be the Fire Marshal’s office, responsible for the
interpretation and enforcement of applicable fire code regulations, who
establishes fire suppression requirements and the duration said
requirements shall be maintained. Approval of the SUP cannot be
presumed to alter/interpret the requirements of State law.
Please note the White Cross Volunteer Fire Department shall be involved
with the review of the final site plan as part of the County’s Development
Advisory Committee (DAC) meeting process detailed in Section 1.9 of the
UDO.
7. Cemetery
a. Access to the cemetery on site will be permitted by the American Legion to the
family of the deceased. Communication with the American Legion will be required
prior to any site visitation to the cemetery. Method of access and delineation of
the cemetery will be determined/recorded at a later date.
STAFF COMMENT: Staff is not supportive of the condition as currently
written and recommends the following:
For public safety as required in 5.3.2(B)(2) of the UDO, a perpetual access
easement shall be established allowing for access/site visitation to the
existing cemetery by relatives of the deceased. Easement language shall
be reviewed and approved by the County’s Attorney office. Said access
easement shall be recorded within the Orange County Registrar of Deeds
Office within 12 months of project approval.
‘Determined/recorded at a later date’ is too vague and unenforceable as
written.
8. Vehicular Access
a. The vehicular access point for the site will be constructed within the approximate
area of the existing driveway access for the site. The driveway will be designed in
accordance with NCDOT standard driveway apron details and provide adequate
sight distance in both directions from the access location.
STAFF COMMENT: Staff recommends the condition be revised as follows:
For public safety as required in Section 5.3.2(B)(2), to ensure viable
vehicular access as required in Section 5.3.2 (B) (3), and in accordance
with the provisions of Section 2.5 of the UDO the applicant shall apply for
and obtain a driveway permit from the NC Department of Transportation
(NC DOT) denoting the approved location of access drives and other
required improvements prior to the commencement of earth disturbing
activity.
9. Erosion Control
a. Prior to commencement of construction, an Orange County erosion control permit
shall be obtained by the Legion.
10. Stormwater
8
a. The site’s stormwater control measures will be designed to limit the peak flow for
the 1 year, 24-hour storm to a 15% allowance of increase from pre-to post
development.
b. Stormwater systems shall be designed to control, at a minimum, the stormwater
runoff generated by one inch of rain from all project area surfaces.
STAFF COMMENT: Staff is recommending the provision(s) of applicant’s
condition(S) 9 and 10 (i.e. Erosion Control and Stormwater) be revised and
expanded upon to read as follows:
Per Section 2.5 of the UDO the applicant shall obtain all necessary
development permits from the County prior to the initiation of and land
disturbing activity associated with the construction of the telecommunication
facilities including, but not limited to:
a. Building Permit,
b. Environmental Health Permit,
c. Erosion Control Management Permit,
d. Stormwater Permit,
e. Solid Waste Management Permit, and
f. Zoning Compliance Permit.
11. Uses
a. Interior and exterior rentals shall be permitted on site to offset Post facilities
operating costs.
b. Recreational vehicle short term overnight parking (i.e., 1-2 nights) shall be
permitted for Post 6/American Legion members at the locations identified on the
plan.
c. Construction of a baseball diamond and/or soccer field shall be permitted.
STAFF COMMENT: Please refer to our previous comment(s) related to the
applicant’s recommended Condition 1.
STAFF COMMENT(S):
1. The applicant has offered conditions of approval for this request. These conditions
address potential impact (namely light and outdoor noise) and on adjacent properties.
2. Attachment 4 contains staff’s evaluation of the proposals compliance with the various
standards detailed within these sections.
While no major concerns have been expressed, staff is recommending the imposition
specific conditions of approval offered by the applicant to ensure the project’s compliance
with the provisions of the UDO in the event the Board determines the application can be
approved.
3. As detailed within Attachment 5 staff has determined the application is consistent with
established submittal requirements and there is sufficient documentation demonstrating
compliance with established development standards.
9
As you are aware, staff does not make a formal recommendation on the approval of the
application or on the applicant’s compliance with the general standards detailed within
Section 5.3.2 (a) (2), specifically:
(1) The use will maintain or promote the public health, safety and general welfare,
if located where proposed and developed and operated according to the plan
as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the
use is a public necessity, in which case the use need not maintain or enhance
the value of contiguous property); and
(3) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located and the
use is in compliance with the plan for the physical development of the County
as embodied in these regulations or in the Comprehensive Plan, or portion
thereof, adopted by the Board of County Commissioners;
4. There are several goals/policies detailed within the adopted 2030 Comprehensive Plan
addressing the development of camp/retreat centers in the County including:
a. Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth,
consistent with the provision of adequate services and facilities and a high quality
of life.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features, and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
5. Local residents were notified of the required Neighborhood Information Meeting and the
public hearing consistent with the requirements of the UDO. The owner/operator of the
adjacent Barn of Vahalla was the only area resident to attend the meeting. Please refer
to Attachment 3 for additional information.
6. Review of SUP applications are carried out in a quasi-judicial format meaning that
decisions relating to the approval or denial of an application are based solely on the
sworn testimony of all parties involved with the case, both those for and against an
application, as well as the review of the competent material and substantial evidence
submitted into evidence during the public hearing.
7. The applicant has the burden of establishing, by the submission of competent material
and substantial evidence, the existence of facts and conditions that demonstrate the
projects compliance with the various requirements and standards detailed within the
UDO.
Those opposing approval of the application shall have the burden of establishing, also
through the submission of competent material and substantial evidence, the specific
manner in which the proposal does not satisfy the requirements for approval of the
application.
10
8. As previously indicated, the Board of Adjustment shall render a decision only on the
sworn testimony of all parties and on the competent material and substantial evidence
submitted during the hearing relating to the approval or denial of the application.
9. Per Section 2.25.4 of the UDO, every decision of the Board of Adjustment shall be
subject to review at the request of any aggrieved party by the Superior Court by
proceedings in the nature of certiorari. Appeals have to be submitted with the Superior
Court within 30-days of the availability of notice of decision as detailed within 2.12.5 of
the UDO.
10. If approved, staff is recommending the imposition of several conditions as detailed within
Attachment 5.
11. Please note if this project is approved by the Board, this approval does not exempt the
applicant from securing all applicable permits authorizing land disturbing activities to
commence including, but not limited to:
• An Erosion Control/Stormwater permit;
• A permit from the Orange County Health Department approving a proposed septic
system/well for the project;
• A Building permit including review and approval of the plans by the County Fire
Marshal;
• A Solid Waste Management permit;
• A Zoning Compliance Permit; and/or
• NCDOT Driveway permit.
All the approval of the SUP established is that the proposed land use is permitted to be
developed as proposed. If the applicant cannot secure required permits authorizing the
physical development of the project, as detailed herein, the SUP may expire.
AddressesSTATUSActivePreAssignedRetiredUnverified
EasementsLINE_CODERoad EasementStreamsTYPEUSGS Stream
Soils Survey StreamStreamsTYPEUSGS StreamSoils Survey StreamWater Body Buffer 80ft
Floodplain Buffer 80ftSoilsFloodplain Buffer 80ftStream Buffer 80ftUSGS StreamSoils Survey Stream
2' Contours (NCDOT)Prelim Floodplain (2016)ParcelsStreetsZoningWater Body
FIRM1% Annual Chance ofFlooding (Previouslyreferred to as the 100-year flood zone)Regulatory floodwayWatershed
·
0 150 300Feet
1 inch = 600 feet
97483814605.236000A
97491271832.020000A
974920485710.020000A
97398289116.100000A 974922319914.550000A
974817667715.430000A
974839690914.990000A
97491156117.600000A
974932564210.017000A
97399341547.000000A
973898901754.000000A
973899757770.940000A
974932200610.010000A
974901251724.785000A
973981372067.910000A
97492256433.960000A
97491290682.000000A
97491243632.520000A
974910179158.870000A
97491296303.140000A
974839624329.710000A
974828564210.960000A
974920815311.580000A
973888309053.000000A
973889256247.500000A
973992769641.990000A
974817620024.800000A
974838371915.740000A
974902608513.580000A
974913001320.400000A 974913920917.010000A
97492382053.490000A
974819400366.000000A
974828301631.840000A
974921563410.017000A
974942201063.460000A
97493064111.870000A
97491258306.000000A
974931032810.170000A
973990081356.445000A
973990081356.445000A
97483985981.450000A
97493083342.010000A
97493004955.000000A
974837867115.990000A
974922974310.730000A
FloodPanel:9749JFloodPanel:9739J
FloodPanel:9738J
FloodPanel:9748J
Haw RiverUnprotectedWatershed
WILD C A T C R E E K
R D
DUFFYS W A Y
NC 54 W
536532530520510 548
534
4 9 8
556
5
3
8
5
1
8
540
488
5 4 2
5 2 2
5
2
4
516
5
2
6
5
1
4
5
1
2
562
548
5
5
2
5
5
0
5 7 257 0
570552
520518516
5 2 2
514
524
512
534
520518
526
524
516
516514508
552
540
524
520
518
564
5 5 4
492
490
4 9 449 0
552
550
5 4 6
528
5
0
8
506
558
5 4 6
5
4
2
5
4
0
538
536
534
5
6
0
554 5 5 8
5
1
2
5
0
6
5 1 0
550
5
1
4
5
1
8
510
506
5 0 2
5
5
8
512
564
5 0 2
5 5 2
548
5 3 8
518
516
496
5 6 2
56 6
5
6
0
56 0
5
4
4
5 4 6
5 4 2
5
2
6
514
508
506
500
500
4 9 8
R1
AR
Soil: HrB
Soil: HrC
Soil: Cp
Soil: GeC
Soil: GeB
Soil: GeB
Soil: GeC Soil: GeB
Soil: ApBSoil: TaD
Soil: GeB
Soil: ApC
Soil: Ch
Soil: TaD
Soil: GeC
Soil: GeC
Soil: GeB Soil: ApB
Soil: ApC
Soil: ApB
Soil: HeB
Soil: ApB
Site Assessm ent for PIN: 9749101791; and 9748-19-4003Site Data:Zoning: Agricultural ResidentialAcreage: 128.33 acresOverlay Districts: Haw River Unprotected Watershed Overlay DistrictPlat: PB 47 PG 23
Zoning Requirements:Ma. D ensity: 1 residential dwelling unit per acreMin. Lot Siz: 40,000 sq. ft.Min. Lot W idth: 150'Min. Front Setback: 40' from right-of-wayMin. Side and Rear Setbacks: 20' from propoerty linesMax. FAR: .088Req. OS Ratio: .84Gross Min. Land Area Min. Non-residential: 80,000 sq ft.Req. Pedestrian Landscape Ratio: .21Required Min. Cam p/Retreat Center Buffer: 30'Max. Impervious Coverage: NAEnvironmental Features:Streams: Yes. Variable width 65'-80' (80' shown)Water Bodies: NoneWetlands: None mappedSFHA (Floodplain): Yes BFE is +/-495' contourFEMA Map: 9739J
Land Disturbance Thresholds:1) Erosion Control Permits required if disturbing more than 20,000 sq. ft.for residential and nonresidential developm ent; and2) Stormwater m anagement Permit reuired if disturbing more than21,780 sq. ft. for non-residential development and 43,560 sq. ft. forresidential land disturbance.
Notes:1) Private Road Justifications, Recorded Declarations, RestrictiveCovenants, Bona Fide Farm status, use and building type (e.g. duplexunits) will change subdivision and development requirem ents.2) Wetlands data is taken from Classification of Wetlands andDeepwater Habitats of the United States. U .S. Departm ent of theInterior, Fish and W ildlife Service and does not constitute a form aldelineation (i.e. survey) of the property. All wetland areas areapproximate.3) Flood boundaries are subject to change based on periodicamendments to flood maps.Determination is based on current, best available, data.4) This does not constitute a formal land survey.5) Camp/Retreat Ceter uses require a Class B SUP, and specificperfromance standards as outlined in UDO.
Date Site Assessment Completed: 12/20/01/2017 by pmallett
PIN#: 97491 01791 and 9748-19-400 3 SAMUEL F RAY 217 CRAWFORD RDHILLSBOROUGH, NC 27278
Data shown on this map is obtained from Orange CountyGIS and is for reference only.Exact locations and boundaries should be verified.Map prepared by Orange County Planning & Inspections.12/20/2017 - pmallett
FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT
PERTAINING TO A REQUEST SUBMITTED BY
AMERICAN LEGION POST #6 AND MR. SAMUEL F. RAY
PROPOSING DEVELOPMENT OF A CAMP/RETREAT CENTER
ON A PARCEL OF PROPERTY OFF OF NC 54
(PINS 9749-10-1791; and 9748-19-4003)
As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development
Ordinance (UDO), a Class B Special Use Permit is required for the development/operation of a
camp/retreat center, in accordance with the provisions of Section 2.7 of the UDO. Such permits shall
comply with general and specific standards as set forth in Section(s) 5.3.2 and 5.7.4 of the UDO.
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is complaint with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Specific regulations governing the development of a camp/retreat center as set forth in
Section 5.7.4 of the UDO,
(3) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities,
b. The adequacy of police, fire, and rescue squad protection, and
c. The adequacy of vehicular access to the site and traffic conditions around the site
(4) The general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange Planning staff regarding the application in question. The
findings have been presented by Article and requirement to assist the Board of Adjustment in its
deliberations.
Attachment 5
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
APPLICATION COMPONENTS
Proper forms 2.2 Application (Attachment 2)
Yes
Fees paid 2.2.4(D) Application (Attachment 2)
Yes
Full description of use
• Location
• Appearance
• Operational characteristics
2.7.3(B)(1) Application (Attachment 2) (Site plan) Yes
Owner Information 2.7.3(B)(2) Application (Attachment 2) (Site plan)
Yes
Information needed for Use Standards 2.7.3(B)(3) Application (Attachment 2) (Site plan)
Yes
Site Plans
(10 copies for Class B; 26 for Class A)
2.7.3(B)(4) Application (Attachment 2) (Site plan) Yes
Preliminary Subdivision Plat (if
necessary)
2.7.3(B)(5) [No subdivision proposed.] N/A
List of parcels within 1,000 feet 2.7.3(B)(6) Application (Attachments 2 and 3)
Elevations of all structures 2.7.3(B)(7) Application (Attachment 2) (Site plan)
Environmental Assessment (or EIS)
• Topography
• Drainage issues
• Natural or Cultural resources
• Mining
• Hazardous Wastes
• Wastewater treatment
• Water usage
2.7.3(B)(8) EIS Not Required
EA provided in Application (Attachment
2)
Yes
Method of Debris Disposal 2.7.3(B)(9) Application (Attachment 2) (Site plan)
Yes
Development Schedule 2.7.3(B)(10) Application (Attachment 2) (Site plan)
Yes
Extended Vesting Request 2.7.3(B)(11) Not requested
N/A
NOTIFICATION REQUIREMENTS
Public Notice
• Date
• Time
• Place
2.7.5(a) Application (Attachment 3) Yes
Published in Newspaper
• Two successive weeks
• First notice at least ten days
prior but no more than twenty-
five days prior
2.7.5(b) Staff Testimony
The legal ad was published in the News
of Orange and the Chapel Hill Herald on
December 27, 2017 and again on
January 3, 2018
Yes
Sign Posting on Property (at least 10
days prior)
2.7.5(c) Staff Testimony
posted sign on December 22, 2017
Yes
Mailed Notice
• Certified mail
• All adjacent property owners
(within 1,000 feet)
• Not less than fifteen days prior
2.7.5(d) NIM and BOA Materials (Attachment 3) Yes
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
SPECIFIC STANDARDS
Waste Disposal
Method and adequacy of provision for
sewage disposal facilities, solid waste
and water service.
5.3.2(B)(1) Staff’s Abstract and Staff Comments
(Attachment 4)
Both Environmental Health and Solid
Waste have indicated they have no
concerns.
Yes
Safety
Method and adequacy of police, fire
and rescue squad protection.
5.3.2(B)(2) Staff’s Abstract and Staff Comments
(Attachment 4)
Fire Marshall and Sherriff’s office have
indicated that they have no concerns.
Yes
Vehicle Access
Method and adequacy of vehicle
access to the site and traffic
conditions around the site.
5.3.2(B)(3) The submitted site plan shows access
points.
NCDOT District Office has indicated
that they have no concerns
(Attachment 4).
Yes
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
STANDARDS for Camp/Retreat Center 5.7.4
Site Plan
A site plan prepared in accordance
with Section 2.5, also showing the
following (existing or proposed):
(i) Buildings,
(ii) Campsites,
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
(vi) Access road(s) to the site, as
well as on site roads, with an
indication of type of proposed surface.
5.7.4(A)(1)(a)
Application (Attachment 2) (Site plan)
Yes
A description of the type of facility
planned, the size, capacity, and use of
proposed buildings; a signed
statement from the owners or
operators that there shall be no
activity allowed that will have adverse
effects on adjacent property. The
statement shall also include a
complete list of all recreational
activities that will take place on the
site.
5.7.4(A)(1)(b)
Application (Attachment 2) (Site plan) Yes
A phasing plan, when necessary,
indicating the area to be developed in
each phase with time periods for
construction of each phase. This may
be indicated on the site plan.
5.7.4(A)(1)(c)
Site Plan (proposing 2 phases)
Yes
Standards of Evaluation
Unless public sewer is proposed to be
extended, the adequacy for the
method of sewage disposal will be
determined by the lot size and soil
suitability. Appropriate letters from
the Orange County Environmental
Health Department, local jurisdictions
and/or the State Division of
Environmental Management shall be
submitted to indicate preliminary
approval.
5.7.4(A)(2)(a)
Application (Attachment 2) (Site plan)
Yes
The site plan shall show the distances
to the nearest residential structures.
5.7.4(A)(2)(b)
Application (Attachment 2) (Site plan)
Yes
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
The landscape plan shall show how
the facilities will be screened from the
adjacent properties. A minimum 30
foot Type B buffer, as indicated in
Section 6.8 shall be observed around
the perimeter of the property.
5.7.4(A)(2)(c)
Application (Attachment 2) (Site plan)
Yes
If private recreational facilities are
proposed, the improvements must
meet the site improvement
requirements in Section 7.11 of this
Ordinance. The site plan for
recreational facilities shall be
reviewed by the Orange County
Recreation and Parks Director.
5.7.4(A)(2)(d)
Application (Attachment 2) (Site plan)
As applicable, the development will
also meet requirements of 7.11 at the
time of Site Plan submittal.
Yes
Off street parking requirements shall
be provided in accordance with
Section 6.9 of this Ordinance.
5.7.4(A)(2)(e) Application (Attachment 2) (Site plan)
Yes
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
SPECIFIC STANDARDS
In accordance with Section 5.3.2 (A) (2), the Board of Adjustment shall also consider the following general
conditions before the application for a Special Use can be approved.
The use (will / will not) maintain or
promote the public health, safety and
general welfare, if located where
proposed and developed and
operated according to the plan as
submitted.
Section 5.3.2
(A) (2) (a)
Application package as contained
in Attachment 2 inclusive including,
but not limited to:
• Narrative
• Environmental Assessment
(EA) Application
• Site Plan
Site Assessment (Attachment 1)
Staff review comments
(Attachment 4)
Proposed Finding: Based on all
above findings, Applicant’s
Narrative, and Staff’s report, the
use will maintain or promote the
public health, safety, and general
welfare if located where proposed
and developed and operated
according to the plan as submitted.
Yes
The use (will / will not) maintain or
enhance the value of contiguous
property (unless the use is a public
necessity, in which case the use
need not maintain or enhance the
value of contiguous property).
Section 5.3.2
(A) (2) (b)
No direct evidence was provided as
part of the application process,
specifically in the form of a
property impact analysis.
Application narrative (Attachment
2) does indicate similar facilities,
including the Barn of Vahalla north
of the site, have not impacted
adjacent property values.
Applicant has indicated expert
testimony will be offered at the
public demonstrating compliance.
Proposed Finding: As of the writing
of this abstract, there is no
competent/material evidence
available suggesting the project will
not maintain or enhance the value
of contiguous property.
The location and character of the
use, if developed according to the
plan submitted, (will / will not) be in
harmony with the area in which it is
to be located and the use is in
compliance with the plan for the
physical development of the County
as embodied in these regulations or
in the Comprehensive Plan, or
portion thereof, adopted by the Board
of County Commissioners.
Section 5.3.2
(A) (2) (c)
Application package as contained
in Attachment 2 inclusive including,
but not limited to:
• Narrative
• Environmental Assessment
(EA) Application
• Site Plan
Site Assessment (Attachment 1)
Staff review comments
(Attachment 4)
Proposed Finding: Based on the
above findings, Applicant’s
Narrative, and Staff’s report, the
location and nature of the use, if
developed according to the plan
submitted, will be in harmony with
the area in which it is to be located
and the use is in compliance with
the plan for the physical
development of the County, as
embodied in these regulations and
in the Comprehensive Plan.
Yes
1. In accordance with the provision(s) of Section(s) 5.2.1 Table of Permitted Uses and 5.7.4
Camp/Retreat Center of the UDO, activities allowed to occur on the property shall be in
accordance with the submitted application package and narrative as approved by the
Orange County Board of Adjustment on January 8, 2018.
2. Bona fide farm activities shall be allowed to continue on the subject parcels. In
accordance with the provision(s) of Section(s) 5.7.4 and 6.13 of the UDO, no disturbance
of required land use, stream, or floodplain buffers as denoted on the approved site plan
shall be permitted to occur.
3. In accordance with the provision(s) Section 5.7.4 Camp/Retreat Center, and consistent
with the submitted application package, site plan, and narrative as approved by the
Orange County Board of Adjustment on January 8, 2018, a 100 ft. wide landscape
buffer shall be provided along perimeter of the subject parcels. Existing vegetation shall
be preserved within this buffer in perpetuity except for the removal of vegetation
necessary to allow for the installation of driveways, public and/or private utilities, ponds,
erosion control and stormwater measures and/or devices.
In the event this land use buffer area is disturbed, the applicant shall be required to
submit a formal landscape plan outlining the replacement/replanting of vegetation to the
County for review. This plan will need to be submitted within 90 days of the disturbance
occurring.
4. For public safety as required in 5.3.2 (B) (2) and to ensure the proposed use is in
harmony with the general area as required in Section 5.3.2 (A) (2) (c) of the UDO, the
project shall comply with noise standards, including hours of operation, as detailed within
Chapter 16 Article 3 of the Orange County Code of Ordinances.
RECOMMENDATION:
Staff has reviewed the application, the site plan, and all supporting documentation and has found that the
applicant complies with the application requirements, notice requirements, submittal requirements for
camp/retreat centers, specific standards of evaluation for camp/retreat centers, and required regulations as
outlined within the UDO
Staff has not received any evidence indicating the project does not comply with the UDO, including the provisions
of Section 5.3.2 (A) (2) inclusive, establishing the grounds for making a negative finding on the general standards
as detailed herein. These standards include maintaining or promoting the public health, safety, and general
welfare, maintaining or enhancing the value of contiguous property, the use is in harmony with the area in which it
is to be located, and the use being in compliance with the general plan for the physical development of the
County.
The Board could make an affirmative finding on this application provided the Board of Adjustment finds in the
affirmative on the specific standards of evaluation and general standards as detailed herein, and no evidence is
entered into the record demonstrating the applicant has either:
a. Failed to meet their burden of proof that the project complies with the specific development standards for a
telecommunication facility, or
b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO.
In the event that the Board makes an affirmative finding, and issues the permit, staff recommends the attachment
of the following conditions:
5. To promote the public health, safety and general welfare as required in Section 5.3.2 (A)
(2) (a), to ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b), and to ensure the proposed use is in harmony with the general
area as required in Section 5.3.2 (A) (2) (c) of the UDO all lighting installed on the
property shall comply with the provisions of Section 6.11 of the UDO. Under no
circumstances may lighting levels exceed 0.1 foot-candles at any property line.
6. To promote the public health, safety and general welfare as required in Section 5.3.2 (A)
(2) (a), to ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b), and to ensure the proposed use is in harmony with the general
area as required in Section 5.3.2 (A) (2) (c) of the UDO, fireworks usage on site shall be
limited to occurring only on Memorial Day, the Fourth of July, and Labor Day. Proper
state and local permitting for any firework usage on site shall be required prior to any
activities on the above-mentioned days. The applicant shall be required to post notices
on its website detailing the date, time, and hours of firework activities a minimum of 30
days prior to said event.
7. For public safety as required in 5.3.2 (B) (2) of the UDO, the Orange County Fire Marshal
shall review and approve the final site plan, including construction of any and all required
fire suppression ponds/facilities, prior to the commencement of earth disturbing activities.
8. For public safety as required in 5.3.2 (B) (2) of the UDO, a perpetual access easement
shall be established allowing for access/site visitation to the existing cemetery by
relatives of the deceased. Easement language shall be reviewed and approved by the
County’s Attorney office. Said access easement shall be recorded within the Orange
County Registrar of Deeds Office within 12 months of project approval.
9. For public safety as required in Section 5.3.2 (B) (2), to ensure viable vehicular access
as required in Section 5.3.2 (B) (3), and in accordance with the provisions of Section 2.5
of the UDO the applicant shall apply for and obtain a driveway permit from the NC
Department of Transportation (NC DOT) denoting the approved location of access drives
and other required improvements prior to the commencement of earth disturbing activity.
10. Per Section 2.5 of the UDO the applicant shall obtain all necessary development permits
from the County prior to the initiation of and land disturbing activity associated with the
construction of the telecommunication facilities including, but not limited to:
a. Building Permit,
b. Environmental Health Permit,
c. Erosion Control Management Permit,
d. Stormwater Permit,
e. Solid Waste Management Permit, and
f. Zoning Compliance Permit.
11. In accordance with the provisions of Section 2.7.12 (C) of the UDO, if any condition of
this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be
void in its entirety and of no effect.
12. In accordance with the provisions of Section 2.7.12 (D) of the UDO, the Special Use
Permit will automatically expire within 12 months from the date of approval if the use has
not commenced or construction has not commenced or proceeded unless a timely
application for extension of this time limit is approved by the Board of Adjustment.