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HomeMy WebLinkAboutBOA minutes 101314Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 1 of 17 MINUTES 1 BOARD OF ADJUSTMENT 2 OCTOBER 13, 2014 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Larry Wright, Full Member (Chair) 6 Karen Barrows, Full Member 7 Samantha Cabe, Alternate Member 8 David Blankfard, Full Member (Vice Chair) 9 10 MEMBERS ABSENT: Mark Micol, Alternate Member 11 Jeffrey Schmitt, Full Member 12 13 STAFF PRESENT: Michael Harvey, Current Planning Supervisor 14 Debra Graham, Board Secretary 15 James Bryan, Staff Attorney 16 17 AGENDA ITEM 1: CALL TO ORDER 18 19 Larry Wright called the meeting to order. 20 21 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 22 23 AGENDA ITEM 3: APPROVAL OF MINUTES 24 A. AUGUST 27, 2014 25 26 Larry Wright: On page 1, line 28, should read, “…and so for those who are awaiting the hearing on agenda Item 6”. 27 Line 36 should read, “motion made by Karen Barrows to nominate…”. On page 3, line 50 should read, “Mr. 28 Chairman, at this time, with your indulgence…”. On page 4, line 32 should read, “I am going to put these on the 29 center of the table.” On page 6, line 40 should read, “…they would like to ensure…”. On page 7, line 35 should read, 30 “And is everything…”. On page 9, line 18 should read, “The project will feed… 31 32 David Blankfard: On page 19, line 34 should read, “Could you use some of their gas that they are providing?” 33 34 Larry Wright: On page 12, line 13 should read, “They specify underground clearances, they don’t necessarily the 35 clearance is...” Page 14, line 20 should read, David Blankfard, not Larry. On page 14, line 36 should read, “It will be 36 running at 800 psi.” On page 15, they are talking about 800 pounds per square inch. I don’t know what the units are 37 for the 800,000. 38 39 David Blankfard: It should be 800 psi. 40 41 Larry Wright: On page 14, line 36 and line 38 to conform to the 800 psi. Page 15, line 32 should read, “We feel the 42 16 inch…”. On page 17, line 24 should read, “Trying to get perspective so the audience…”. On page 30, line 55 43 should read, “…control. This is beyond us.”. Page 31, line 10 should read, “…the County brings in; safety…”. On 44 page 39, line 18 should read, “…and this year in Asheville…”. On page 40, line 25 should read, “We address safety 45 as it is part of our packet, we have to take testimony from an expert.” On page 42, line 43 should read, “…the one 46 that compiles…”. On page 51, line 7 should read, “…recommendations. Do we feel this…”. 47 48 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 2 of 17 Debra Graham: Karen Barrows’ name is spelled incorrectly. I will correct that. Also, there are several places that 1 note a Matt Rhoads and then it is Matthew Rhoads but I will check into that and fix it on all the cases. 2 3 Larry Wright: Thank you for catching that. You are so good. 4 5 MOTION: Karen Barrows made a motion to accept the minutes with corrections. David Blankfard seconded. 6 VOTE: Unanimous 7 8 AGENDA ITEM 4: PUBLIC CHARGE 9 10 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to 11 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any 12 time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the 13 offending person to leave the meeting until that individual regains personal control. Should decorum fail to be 14 restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is 15 observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or 16 set to silent/vibrate. 17 18 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions 19 of local regulations and State law to perform specified functions essential to the County’s planning program. 20 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented 21 during a previously scheduled and advertised public hearing on a specific item. As detailed within Section 22 2.12.2 of the UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: 23 ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues 24 before the Board of Adjustment. While it should be noted there is no time limit on the presentation of 25 evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of 26 procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 27 28 AGENDA ITEM 5: QUASI-JUDICIAL MATERIALS 29 30 James Bryan: At our last meeting, we had a bunch of speakers and there were questions about whether the 31 speakers were competent to speak to what they were talking about. I have prepared a cheat sheet of common 32 objections to help us. I spoke with the chair and Michael about what is included in your packet. It is five forms 33 considered works in progress. I have had different versions of this in places. (Briefly described information). 34 35 Karen Barrows: When I was on the BOA, the Institute of Government at UNC offered a two-day seminar training for 36 Board of Adjustment members and it was vastly helpful. 37 38 Larry Wright: Isn’t it appropriate for members of the board when there is a witness speaking to ask about relevancy 39 and some of these things, hearsay, and repetition? As a chair, I invite board members to do that. Isn’t that 40 appropriate? 41 42 James Bryan: That will be fine. When you have some sort of opposition, that person might object but it’s within the 43 prerogative of the chair to question as well as the other board members. 44 45 Larry Wright: It looks like with this application tonight and looking at the requirements and formatting that we are 46 saving a little paper. Can we have some sheets replacing that like Attachment B for those who would want them? I 47 think I would benefit from something like this. Could we add a stack of those forms? 48 49 David Blankfard: Maybe have a stack of forms at the time of the meeting. 50 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 3 of 17 1 AGENDA ITEM 6: A-4-14 – CLASS B SPECIAL USE PERMIT – RETREAT CENTER 2 3 In accordance with Section(s) 2.7 Special Uses, 5.2.2 Table of Permitted Uses, 4 5.3.2 Application of Use Standards – Special Uses, and 5.7.4 Camp/Retreat 5 Center of the UDO, the Triangle Land Conservancy (TLC) has submitted a 6 proposal to develop/operate a retreat center, specifically the Irvin Conservation 7 Center, out on a parcel of property located at 2912 Jones Ferry Road, further 8 identified utilizing Orange County parcel Identification Number (PIN) 9757-94-9 4119. 10 The property in question is approximately 25 acres in area, and is zoned Rural 11 Buffer (RB), Agricultural Residential (AR) and University Lake Protected 12 Watershed Protection Overlay District. The proposed use is permitted on the 13 property subject to the issuance of a Class B Special Use Permit. 14 As detailed within the application, the applicant wishes to operate the Irvin 15 Conservation Center providing educational programing on farming and 16 conservation topics, summer camps for children from the ages of 3 to 12, and 17 after-school educational camps. 18 The applicant also proposes to establish the TLC Stewardship Operations Farm 19 office and hold special programs, including the annual TLC Jamboree, and other 20 similar activities from the property. The proposed retreat center shall be operated 21 in conjunction with adjacent TLC owned property utilized to support the 22 organization’s on-going farm and conservation programs. 23 Access to the proposed facility shall be through an existing driveway with direct 24 access onto Jones Ferry Road. 25 26 Samantha Cabe: I do need to disclose that I own a piece of property that has a conservation easement owned by 27 Triangle Land Conservancy. I don’t think that causes a conflict but I wanted to see if anyone objected. 28 29 Individuals Sworn: 30 Katherine Bauer 31 J.C. Memphis 32 Erin Witcher 33 Walt Tyringer 34 35 Michael Harvey: I would like the board to enter the abstract including all the attachments including the application 36 package, the site plan, the property vicinity map, the staff comments, etc. I would also ask that you enter a current 37 copy of the Orange County Unified Development and a current copy of the Orange County Comprehensive Plan into 38 the record. 39 40 Larry Wright: I looked at the submissions of Mr. Bryan and on page 9 of his General Standards; one is the use will be 41 in harmony and is in compliance with the Comprehensive Plan and I didn’t see the General Standards or anything 42 about the Comprehensive Plan in there. Should we add that in? It is on page 79 of your summary of this 43 application? 44 45 Michael Harvey: I cannot put my finger on it so I would suggest you enter it into the record with an amendment 46 adding compliance with Section 5.3.2 (A) 2 (a), (b) and (c), the Findings of Fact for the board to make a determination 47 on. 48 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 4 of 17 1 Larry Wright: And also an Attachment on page 23. 2 3 MOTION: Samantha Cabe made a motion to amend Attachment 5 and enter that amended attachment into the 4 record to include the provision that the use will comply with the relevant section of the Comprehensive Plan as 5 referenced by Mr. Harvey. David Blankfard seconded. 6 7 VOTE: Unanimous 8 9 Michael Harvey: As you will note on page 3 we have a proposed camp/retreat center and I will reiterate that is how 10 the Unified Development Ordinance defines it and labels it. One comment staff has to address is the concern from 11 an adjacent property owner that this will become a summer camp where children will be staying overnight and there 12 will be overnight camping and accommodations. We have stipulated that there is not going to be a camp; there are 13 not going to be cabins for children staying overnight. That addressed Ms. Cox’s concern that this will be a summer 14 camp. We have a breakdown of the programs in our abstract the applicant will offer. The Triangle Land 15 Conservancy has also provided on pages 3, 4 and 5, a breakdown of the project’s complaince with applicable 16 standards. I will remind the board that on the bottom of page 3, 4 and the top of page 5, we have provided a 17 breakdown of what we believe is in the application, contained in Attachment 1, on how the project complies with the 18 various submittal and review requirements. For example, we have site plan denoting all the required elements such 19 as buildings, storage areas, fencing, etc. We have in Attachment 1 a detailed narrative and description of the facility 20 plan, its capacity and operational parameters. We have a phasing plan that has been proposed beginning on page 21 54, Attachment 1. We have documentation in the abstract detailing staff’s evaluation of the project. We have 22 documentation in the form of a memorandum from the Orange County Health Department within Attachment 3 23 indicating the waste water disposal system was found to be acceptable. The site plan, I will stipulate, shows the 24 distance of the nearest residential structure. Private recreation facilities are not being proposed and compliance with 25 subsection 2B is not required. The site plan provides all necessary documentation dealing with off street parking. 26 We have various staff comments in Attachment 4. We have not had a negative finding by any staff on this project. 27 As you will remember, the staff does not make recommendation with respect to the projects compliance with the 28 provisions of Section 5.3.2 (A) 2 specifically that the use will maintain and promote the public health, safety, and 29 general welfare if located where proposed, number two that the use will maintain or enhance the value of contiguous 30 property and number 3 that the location and character of the use will be developed according to the plan submitted, 31 will be in harmony with the area in which it is to be located and the use is in compliance with the plan for physical 32 development in the county. Staff has provided on page 5, number 3, several goals and policies that support the 33 issuance of this permit with respect to its compliance with the Comprehensive Plan. The applicant has also provided 34 such information in Attachment 1. We have not received any public comment expressions any concerns except the 35 question asked by Ms. Cox. This is a quasi-juridical hearing where decisions are based on sworn testimony and 36 evidence. Mr. Chairman, unless there are any questions for me, I would like to defer to the applicant to make their 37 presentation. 38 39 Larry Wright: On page 65, there is an email from Jason Shepard who speaks on behalf of the EMS and I have no 40 attribution as to who he is. 41 42 Michael Harvey: Jason Shepard is the Orange County Fire Marshal with Orange County Emergency Management. 43 44 T.C. Morphis: I am an attorney with the Brough Law Firm in Chapel Hill. I’m going to be speaking some this evening 45 addressing the owners along with my colleagues. Before we speak we wanted to have representatives from Triangle 46 Land Conservancy tell you about the project. I have with me Ms. Katherine Baer and Mr. Walt Tysinger. You may 47 already be aware of this. The somewhat unusual feature of the Urban Conservation Center is that it is an ongoing 48 use. It has been in operation five years and that was the knowledge and understanding of the county planning staff 49 who told us that we would be able to come in and seek a special use permit which we are happy to do so when you 50 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 5 of 17 hear us talk about programming as if it is existing that is because it is. A piece of it is existing program and we want 1 to talk about future planning. One thing that Ms. Baer and Ms. Tysinger will get into this, we decided to get as much 2 feature programming as we could think of into a single permit because Triangle Land Conservancy doesn’t have the 3 resources to come back every time we want to build a building or change a structure so what you will see is a lot of 4 perspective planning. When we talk about phasing, it is over a 30 year horizon that is pretty much resources and 5 capacity permitting. This project may never grow large to expand to what we have proposed. Or in 30 years you 6 have exactly what we have proposed. I’m going to let Ms. Baer and Mr. Tysinger talk. I am also going to bring over 7 our site plan. 8 9 Michael Harvey: I would like to address a point made by Mr. Morphis. He is correct that TLC is engaged in an 10 operation providing a retreat/camp level of service to interested parties. This has been done with the full knowledge 11 and support of the county staff in preparation for this eventual hearing so it is not as if TLC has been engaging in an 12 operation in direct violation of County Zoning and Land Use regulations. They have been doing it in coordination with 13 staff in preparation for this hearing. 14 15 Katherine Baer: My name is Katherine Baer. I am the Director of Conservation for Triangle Land Conservancy. Mr. 16 Walt Tysinger is our Senior Land Manager. I have been sworn. Thank you for having us tonight. We are really 17 excited to talk to you about the Urban Conservation Center. I want to tell you about Triangle Land Conservancy for 18 you who are not familiar with us and then jump into what the purposes of the conservation center are and then Walt 19 will walk you through some of the places on the maps to clarify what we are looking for in potentially proposed uses. 20 Triangle Land Conservancy has been around for 30 years and protects almost 17,000 acres of land and our mission 21 is to create a more livable and vibrant triangle region and we do that by protecting and conserving land for clean 22 water, connecting people’s nature, supporting farms and food and protecting natural habitats. In Orange County in 23 particular, we have been partnered with the county over the years. We were partners in setting up the Little River 24 Regional Park, a cooperative of Durham County. We worked with the county on the Hollow Rock Preserve which is 25 coming on line and we operate the Johnston Mill Preserve on Mt. Sinai Road which is a 300 acre preserve opened to 26 the public from dawn to dusk. Overall in the county, we have preserved about 3,000 acres and that includes 27 conservation easements on private land. Urban Preserve is a special place in our preserve. We have five preserves 28 throughout the triangle. This is our sixth one. Those five are open to the public, dawn to dusk, hiking trail, and 29 people running on them. This one is special because it was bequest to us by the Urban family. Mrs. Urban 30 specifically said I don’t want this to be an open preserve to anyone but I want to steward it for the environmental 31 characteristics of the land but also create partnerships for education and agricultural heritage and education so when 32 we received the property that was in our mind as to how are we going to do that given our expertise and strengths in 33 land protection. This triggered us to think about can we do programming with special groups in the community. Can 34 we start partnerships to unlock the assets of the land to create those benefits that Ms. Urban was concerned about 35 but also within keeping of the preserve? The entire property is 269 acres and the conservation center we are 36 proposing is the 25 acres up in the front part. You can see the front is close to Jones Ferry Road. 37 38 T.C. Morphis: For a point of clarification, there is actually two tracts. It is all controlled by Triangle Land 39 Conservancy. The smaller tract, which is about 25 acres, is what we are seeking special permit use for. The 40 remaining 200 plus acres will not be under special use permit and it needs to be in farming and conservation use. 41 42 Katherine Baer: There are three main uses we are proposing as part of the conservation center. They are 43 educational and agricultural educational uses and programming. Secondly the stewardship offices for our staff and 44 general membership and fundraising events. To start talking about the agricultural educational where I will show you 45 a short video about one of our partners transplanting to a community farm who is our partner on the site working on 46 agricultural and agricultural education. (Video playing). To provide an overview of that part of our programming is 47 Walt. 48 49 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 6 of 17 Walt Tysinger: The transplanting traditions community gardens are in this area, which is a fenced area, roughly an 1 acre and half. The black space is the vegetable processing center and their greenhouse. That is where they bring all 2 their produce they have from the garden and there is an existing well that is in the community gardens used for 3 irrigation and there are parking areas in different location around the gardens. We left building envelopes for future 4 vegetation, vegetable processing center to enlarge the existing one. There are a few sites for hoop framed 5 greenhouses to do cultivation. There are sites for a ground mounted tank units. The fields in front of the garden area 6 will be left in the natural state. 7 8 Katherine Baer: That is one of our vibrant programs out there. The second programming area we have is our 9 environmental learning outside program. Learning outside is a second group. This is an environmental education 10 experimental program for mostly young kids and the kids are outside all the time learning about nature and really 11 trying to connect to nature in a way they don’t get to usually. She has 10-12 kids out there in the morning part of the 12 day generally younger kids and then an after school program where she has 8-12 kids. There is no camping, no 13 overnight, no plans for any overnight and then there are summer day camps that would be similar to 12 kids on the 14 property. 15 16 Walt Tysinger: The programs happen in this general area; this is the campus. The existing buildings consists of a 17 metal building, we call it a lab. It was actually built by Mr. Urban who was a biochemist at UNC and he built a lab for 18 his grad students to do research on. We have converted it into a small office space for the stewardship department 19 and TLC and there is a shop there. 20 21 T.C. Morphis: Mr. Tysinger, how many offices are in the lab building? 22 23 Walt Tysinger: Just one office. 24 25 T.C. Morphis: Do you plan to expand the office space? 26 27 Walt Tysinger: If we do expand the office space, it will be remodeling and probably expand in a way there are 28 designated areas around the existing structure for potential features. Currently none of the educational programs 29 happen inside the structure. This is used for storage. There is an existing barn where most of the classes are held. 30 T.C. Morphis: Is a roofed structure the meeting space, 1,300 square feet where the group tends to meet in the 31 morning? 32 33 Walt Tysinger: There is a smaller meeting space that is 600 square feet. An existing concrete pad that is part of an 34 old barn and then there is a well and a parking that has enough parking for 28 cars and one bus currently as it is. We 35 left room for possibly overflow parking and expansion and I did mention that we have additional parking around the 36 transplanting gardens as well. The two other smaller structures are old barns that were existing and we use that for 37 storage of the Triangle Land Conservancy equipment and we have designated space building envelopes for future 38 expansion of the storage space for the Triangle Land Conservancy. That is what these guidelines represent here. 39 40 Katherine Baer: That is the third; the second use is we have a pro-educational program. The second would be 41 Triangle Land Conservancy and stewardship and I will tell you that our stewardship staff is Walt and our colleague 42 Kyle. Two people right now and maybe in 30 years get in for six people. This is an aspirational help preserve our 43 properties all over the triangle. That is the stewardship part of the permit application. The third use is Triangle Land 44 Conservancy occasional membership events. For example, having our membership meeting where we open the 45 property to all members and the public on a Saturday to come and tour the site and see what we do. We may do a 46 small fundraiser; we apparently used to have an event called the green jamboree which was a fundraiser. The 47 normal hours of operation are 8:00 until 5:00. All programming is off the site by then. On occasion, our stewardship 48 staff which may work late may come back later to bring things back to the storage shed, etc. Again, the potential 49 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 7 of 17 build out for the site, that is aspirational in future as we go through that different phasing to see what the needs are, 1 fundraisers opportunities. I think we will stop there. 2 3 T.C. Morphis: Are there any questions about the programming for the project. Erin, can you talk about 5.3.2a? 4 5 Erin Witcher: Mr. Chairman, you brought the standards of the UDO, 5.3.2 Section 2 a, b and c. Now that Walt and 6 Katherine have introduced you to the great programs that TLC is running. My name is Erin Witcher and I have been 7 sworn. I wanted to tie those into these general requirements of the UDO and the first is 5.3.2 Section 2 subsection a; 8 the use will maintain or promote the public health, safety and general welfare if located where proposed and 9 developed and operated according to the plan as submitted. Our application discusses these in detail on pages 13 10 through 18 on the application itself. Briefly…. 11 12 Michael Harvey: Mr. Chairman, that is page 22. 13 14 Samantha Cabe: I was looking at page 76 and 77 of what used to have been staff’s recommendations and it looks 15 like 5.3.2a is missing. 16 17 Michael Harvey: Well, 5.3.2a was what you added. That has now been included but as far as the applicant’s 18 responses… go to page 22. 19 20 Erin Witcher: Going back to the public health safety and general welfare. Very briefly, we believe the educational 21 component and the importance of agricultural and introducing to their children as it happens and learning outside and 22 of course, the transplanting traditions to enhance farming and create income for population substantially increases 23 the public health safety and general welfare. With regard to subsection b, the use will maintain or enhance the value 24 of contiguous property unless the use is a public necessity. I refer you to Exhibit 6 of the application and Mr. 25 Kirkland’s appraisal where he found there is no negative impact on the adjacent property owners and also found it 26 would be a harmonious use. One thing we have not talked about is that the activities occurring on the property are 27 occurring back from Jones Ferry Road. You won’t even be able to see what is going on. There is no real danger of it 28 being a distraction from the road. The final standard is subsection c; the location of character of the use if developed 29 according to the plans will be in harmony in the area in which it is to be located and the use is in compliance with the 30 plan for the physical development of the county as embodied in these regulations or in the Comprehensive Plan or a 31 portion thereof. Pages 14 through 18 of our narrative, pages 24 through 28 of your package go over approximately 32 17 of the objective that we believe will be enhanced and are being enhanced by the board that is being done by TLC 33 on the property. First, the Comprehensive Plan discusses objectives related to encouraging farming and the natural 34 use of the land and after the video we have just seen farming is encouraged both folks farming on the land and the 35 education component of farming is encouraged. Another important element that we think you should take note of is 36 that it does encourage urban sprawl and protects the land area. The objectives in the Comprehensive Plan 37 underscore that importance to the county and the work that TLC is doing is meant to conserve and is also decreasing 38 urban sprawl and is keeping this property in its natural state. Finally, the objectives regarding education for farming 39 in future generations are being met through learning outside. 40 41 T.C. Morphis: Just to give perspective on where the Urban farm is. It is down Jones Ferry Road about four miles 42 outside Carrboro’s city limit. We think in this part of Orange County, this will help preserve rural landscape that is 43 quickly disappearing so we think it is all the more important because it is so close to existing urban area. We want to 44 go over specific standards in UDO 5.3.2(b). We detailed these in our narrative but wanted to make sure you were 45 aware of them as well. We need to demonstrate method and adequacy of provision of sewage disposal facilities, 46 solid waste and water. As Mr. Harvey mentioned, we do have Exhibits 5A and 5B to discuss our current and future 47 septic capacity. As the property expands, we may have to expand our septic system. 48 49 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 8 of 17 Michael Harvey: For the board members, Exhibit 5A begins on page 33 of your application packet, Exhibit 5B is on 1 page 36. As TLC expands, they may also have to expand their septic system. The good news is they have the 2 capacity to do that. A provision of water, the two wells Mr. Tysinger mentioned, there are two wells on site restricted 3 for irrigation and other non-drinking purposes. 4 5 Walt Tysinger: The only well used for potable water is the well near the house. 6 7 T.C. Morphis: The house which is not part of the special use permit building envelope and there is a well there that 8 provides water for any activities on site. We understand that as the property is expanded we have to comply with 9 whatever drinking water requirements are put out by Orange County Health Department. 10 11 Michael Harvey: For the record, I think it needs to be said that planning staff verified the Orange County Health 12 Department current well orientation setup and location is consistent with their regulations and standards and this 13 does not create a problem with them sharing a well used for water. 14 15 Larry Wright: They would not have to come back for another special use permit? 16 17 Michael Harvey: No sir. 18 19 T.C. Morphis: The final part on that requirement is solid waste disposal. TLC generates very little waste from the 20 project. There is no dumpster on site, no certain large scale amounts of waste to be disposed of. One of the 21 proposed conditions is that within 180 days, we submit a solid waste plan charge, solid waste management and we 22 will certainly do that. The second requirement 5.3.2.(b) 2 is the method and adequacy of police, fire and rescue 23 squad protection. As Mr. Harvey mentioned, there is an email we have communicated with Orange County 24 Emergency Services. There was not any negative feedback to indicate that the access to the site somehow 25 constraints providing emergency services out there. 26 27 Michael Harvey: On page 64 of the abstract packet, there is a letter from Orange County Sherriff’s Department 28 indicating there are not concerns they have with providing to the facility. We have Mr. Shepherd’s email and we will 29 also testify that we have spoken to local volunteer fire department who has expressed no concerns. 30 31 T.C. Morphis: Then (b) 3 is method and adequacy of vehicular access to the site and traffic conditions around the 32 site. There are two driveways that can be used to access the farm. There is one on the eastern side of the property 33 and one on the western side of the property. All programming for activities being undertaken at the Urban 34 Conservation Center are on western driveway. Walt lives in the house with his family so they are the only ones who 35 access this road but obviously available for emergency management services as well. Essentially you come off 36 Jones Ferry and turn here and follow this… go past all the fields and the pond and parking is here and there is 37 adequate room to turn around and exit the way you came in. We haven’t received any feedback to indicate that site 38 is constrained with access. There are a few other points I wanted to make sure the board is aware of. One of the 39 requirements for a camp retreat center is also that we show there is a 30 foot Type B buffer around the perimeter of 40 the property. On the site plan, we show that and we intend to meet buffering requirements with existing vegetation. 41 One of the exhibits is a tree and plant inventory for the buffer area. We intend to maintain this in an undisturbed 42 state. The only disturbance of this buffer is where the western access road goes in and that is on the property line. I 43 know there is language in the UDO that allows the planning director to marry buffering requirements and we would 44 ask that this authority be used to find that buffer maintained around the perimeter of the property even with the 45 driveway is adequate and meets the standard. 46 47 Michael Harvey: Mr. Chairman, staff will stipulate for the record that the application complies with the required 48 permitted buffer standards, for instance, the driveway; the applicant has to get access to his site. We have driveways 49 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 9 of 17 located in required buffers and there is nothing inconsistent with what TLC is proposing here that would invalidate the 1 finding. 2 3 T.C. Morphis: The driveway is pre-existing. 4 5 Larry Wright: I see it coming off Jones Ferry Road on this map and then I see a Mary Lee Perkins, her property, 6 does it abut that? 7 8 Walt Tysinger: Her property is here. 9 10 Larry Wright: She is aware of all this? 11 12 Walt Tysinger: We did notify her. 13 14 T.C. Morphis: When we did community meetings, we notified her. 15 16 Erin Witcher: It was 150 of the closest property owners. 17 18 Larry Wright: She is well aware this may be going on? 19 20 Michael Harvey: Mr. Chairman, on page 72 and 73, we have the certified mail receipts. Mrs. Perkins certified mail 21 receipt is on page 74. 22 23 T.C. Morphis: Two other requirements specific to camp retreat centers it says, recreational facilities are proposed, 24 the agreements must meet site improvement requirements of the ordinance. We are not proposing any private 25 recreational facilities. Off street parking shall be provided in accordance with Section 6.9 of the ordinance. 26 Essentially, the ordinance requires that we provide 29 spaces and if you include parking and our main parking area 27 here we have about 37 and we show on the map overflow parking but that is just a field that has been used in the 28 past for essentially a large fundraising activity but that is rarely used. There was a little confusion about impervious 29 surface; the entire tract is in the University Lake Watershed so it imposes a six percent impervious surface limit and if 30 you took the entire 230 acres, you are well below that number but because the special use permit only covers about 31 25 acres, we actually get a little closer. Six percent impervious limit on just the SUP area is 614 square feet, we 32 currently have a little over 54,000 square feet of impervious surface including parking area and existing structures. If 33 built out completely to the full phasing in 30 years, we would have a little over 75,000 square feet. We don’t have any 34 intention to do any construction that would violate the six percent impervious surface rule so we understand we would 35 have to come back and seek a modification of the SUP or take some other action which may involve expanding the 36 boundary of the property that is included within the SUP envelope. It would be fairly easy maneuver for TLC to 37 expand the boundary of its SUP out several acres and then that would lower that required impervious surface. 38 39 Michael Harvey: I will stipulate that the applicant has complied with all required elements of submitting this 40 application as broken down in Section 2.2 and 2.7 of the Unified Development Ordinance. We have provided you the 41 information beginning on page 76. 42 43 Karen Barrows: On page 33, Delores Chandler’s letter, second from the last paragraph, to acquire an improvement 44 permit more work would have to be completed. Are we concerned with an improvement? 45 46 Michael Harvey: No ma’am. The reason I would not be concerned is that on page 36, Exhibit 5B, we have a 47 memorandum from the Health Department where they have indicated they have no concerns but if there was ever a 48 need to expand the septic system, they would have to come back in. 49 50 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 10 of 17 David Blankfard: The number 6 condition that the special use permit will automatically expire within 12 months; that 1 is since the use is ongoing. It doesn’t matter if they add things, like phase 1, phase 2, phase 3? 2 3 Michael Harvey: The use has already commenced. The fact that this element of the use won’t happen for two years, 4 in my mind, is immaterial because the use as a retreat center has already commenced. The program element may 5 not come on line until several months down the road but the UDO did not envision any lack of ability to do phasing or 6 bring on new program elements which is why the ordinance allows for phasing and specifically says if you are going 7 to phase, you need to spell it out for us. 8 9 Samantha Cabe: Do you think that will be clear 10 or 15 years down the road if they decide to build out and none of 10 us are sitting in this room. Will that be clear enough or do we need to make a specific finding that the use has 11 already commenced? 12 13 Michael Harvey: I would like to think that if staff does its job and in the recordation of the special use permit that will 14 be clear and I would also like to think since this board is methodic and the minutes reflect that level of detail that 15 should not be an issue. If the board has concerns, you may wish to add some level of flexibility to ensure that future 16 generations of planning staff don’t inadvertently create a problem for TLC or vice versa by some misconstrue. 17 18 Larry Wright closed the public hearing portion of the meeting. 19 20 21 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 11 of 17 1 FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT 2 PERTAINING TO A REQUEST SUBMITTED BY 3 TRIANGLE LAND CONSERVANCY 4 PROPOSING DEVELOPMENT OF A CAMP/RETREAT CENTER 5 2912 JONES FERRY ROAD (PIN 9757-94-4119) 6 7 As required under Section 5.2 Table of Permitted Uses of the Orange County Unified 8 Development Ordinance (UDO), a Class B Special Use Permit is required for the 9 development/operation of a camp/retreat center, in accordance with the provisions of Section 2.7 10 of the UDO. Such permits shall comply with general and specific standards as set forth in 11 Section(s) 5.3.2 and 5.7.4 of the UDO. 12 13 Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following: 14 15 (1) The use will maintain or promote the public health, safety and general welfare, if located 16 where proposed and developed and operated according to the plan as submitted; 17 18 (2) The use will maintain or enhance the value of contiguous property (unless the use is a 19 public necessity, in which case the use need not maintain or enhance the value of 20 contiguous property); and 21 22 (3) The location and character of the use, if developed according to the plan submitted, will 23 be in harmony with the area in which it is to be located and the use is in compliance with 24 the plan for the physical development of the County as embodied in these regulations or 25 in the Comprehensive Plan, or portion thereof, adopted by the Board of County 26 Commissioners; 27 28 In addition, the Board shall make findings certifying that the application is complaint with the 29 following specific standards: 30 31 (1) Specific standards for the submission of Special Use Permit applications as outlined 32 within Section(s) 2.2 and 2.7 of the UDO, 33 (2) Specific regulations governing the development of a camp/retreat center as set forth in 34 Section 5.7.4 of the UDO, 35 (3) Section 5.3.2 (B) relating to the method and adequacy of the provision of: 36 a. Sewage disposal facilities, 37 b. The adequacy of police, fire, and rescue squad protection, and 38 c. The adequacy of vehicular access to the site and traffic conditions around the site 39 (4) The general findings outlined within Section 5.3.2 (A) (2). 40 41 Listed below are the findings of the Orange Planning staff regarding the application in question. The 42 findings have been presented by Article and requirement to assist the Board of Adjustment in its 43 deliberations. 44 45 46 47 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 12 of 17 1 REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA APPLICATION COMPONENTS Proper forms 2.2 Application (Attachment 1) Fees paid 2.2.4(D) Staff Testimony Full description of use • Location • Appearance • Operational characteristics 2.7.3(B)(1) Application (Attachment 1) (Site plan) Owner Information 2.7.3(B)(2) Application (Attachment 1) (Site plan) Information needed for Use Standards 2.7.3(B)(3) Application (Attachment 1) (Site plan) Site Plans (10 copies for Class B; 26 for Class A) 2.7.3(B)(4) Application (Attachment 1) (Site plan) Preliminary Subdivision Plat (if necessary) 2.7.3(B)(5) [No subdivision proposed.] N/A List of parcels within 500 feet 2.7.3(B)(6) Application (Attachment 1 and 4) Elevations of all structures 2.7.3(B)(7) Application (Attachment 1) (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) Permitting for the project shall be completed through the State N/A Method of Debris Disposal 2.7.3(B)(9) Application (Attachment 1) (Site plan) Development Schedule 2.7.3(B)(10) Application (Attachment 1) (Site plan) 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 4) 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 Herald Sun on October 1, 2014 and again on October 8, 2014 Sign Posting on Property (at least 10 days prior) 2.7.5(c) Staff Testimony posted sign on October 3, 2014 Mailed Notice • Certified mail • All adjacent property owners (within 500 ft) • Not less than fifteen days prior 2.7.5(d) Application (Attachment 4) 2 3 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 13 of 17 MOTION made by David Blankfard to find in the affirmative along with staff’s recommendation for the requirements 1 listed on page 76. 2 Samantha Cabe seconded. To add clarification I would clarify that motion addresses the applicant’s compliance with 3 application components and notification requirements as set forth in the UDO sections. 4 VOTE: Unanimous 5 6 UDO Sec. 5.3.2(A)(2)(a): “The use will maintain or promote the public health, safety and general welfare, if located 7 where proposed and developed and operated according to the plan as submitted.” 8 9 UDO Sec. 5.3.2(A)(2)(b): “The use will maintain or enhance the value of contiguous property.” 10 11 UDO Sec. 5.3.2(A)(2)(c): “The location and character of the use, if developed according to the plan submitted, will be 12 in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical 13 development of the county as embodied in these regulations, or in the Comprehensive Plan, or portion thereof, 14 adopted by the Board of County Commissioners.” 15 16 MOTION made by Samantha Cabe to find the applicant has met the general standards set forth in UDO Section 5.3.2 17 (a) (2) including subsections A, B and C and that pages 22 and 23 of our packet that was provided by the applicant in 18 addition to the staff abstract and Mr. Harvey’s testimony indicate that the use will maintain or promote the public 19 health, safety and general welfare as required by subsection (a). It will also maintain or enhance the value of 20 contiguous property as indicated in subsection (b) and the use will be in harmony with the area and complies with the 21 Comprehensive Plan as required by subsection (c). 22 David Blankfard seconded. 23 VOTE: Unanimous 24 25 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 14 of 17 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 – Attachment 3 Both Environmental Health and Solid Waste have indicated they have no concerns. Conditions are recommended to require Health Permit and Solid Waste Permit as part of development process. Safety Method and adequacy of police, fire and rescue squad protection. 5.3.2(B)(2) Staff’s abstract – Attachment 3 Conditions are recommended requiring fire marshal to review and approve building plans as part of development process. 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. There will not be an appreciable traffic increase in the area associated with the development of the retreat center. 1 2 MOTION made by David Blankfard to find in the affirmative the specific standards for UDO Section 5.3.2 (b) 1, (b) 2 3 an (b) 3 based on the findings of fact by staff’s abstract in Attachment 3 and the submitted site plan. 4 Karen Barrows seconded. 5 VOTE: Unanimous 6 7 8 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 15 of 17 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) {submittal} Application (Attachment 1) (Site plan) 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) {submittal} Application (Attachment 1) (Site plan) 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) {submittal} Applicant not proposing a phasing plan N/A 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) {submittal} Application (Attachment 1) (Site plan) Attachment 3 The site plan shall show the distances to the nearest residential structures. 5.7.4(A)(2)(b) {submittal} Application (Attachment 1) (Site plan) 2 3 4 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 16 of 17 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) {submittal} Application (Attachment 1) (Site plan) 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) {submittal} Not applicable. Private rec facilities not proposed N/A Off street parking requirements shall be provided in accordance with Section 6.9 of this Ordinance. 5.7.4(A)(2)(e) {submittal} Application (Attachment 1) (Site plan) 1 2 3 MOTION made by Samantha Cabe that the board would find the applicant has met the standards for the camp 4 retreat center as set forth in UDO Section 5.7.4 and has complied with all subsections of that that are applicable to 5 this particular application as indicated by staff in their abstract. Some of those requirements are not applicable to this 6 particular applicant specifically we would find that the applicant is in compliance with Subsection 5.7.4. A.1a based on 7 the application Attachment 1 to the application which is the site plan, additionally, 5.7.4 A.1b based on the application 8 and its attachment, which is the site plan and in Section 5.7.4 A.2 (a) based on the application and its attachment, the 9 site plan in addition to Attachment 3 and 5.7.4A.2 (b) based on the application and its attached plan. Also, 5.7.4 A 2 10 (c) based upon the application and its site plan 5.7.4 a 2 (d) is not applicable to this applicant and 5.7.4 A 2 (e) based 11 upon the application and its attached site plan. 12 David Blankfard seconded. 13 VOTE: Unanimous 14 15 Approved 12/8/2014 OC Board of Adjustment – 10/13/2014 Page 17 of 17 1 1. The granting of the Special Use Permit shall not prohibit or in any way prevent the 2 property from being utilized to support farming activities. 3 2. Development of any building on the property will require the review and issuance of a 4 well and/or septic permit from Environmental Health prior to the initiation of land 5 disturbing activities. 6 3. The Fire Marshal shall review all proposed building plans for compliance with provisions 7 of the State fire code prior to the commencement of construction activities. 8 4. The applicant shall complete a Solid Waste Management Plan document and return said 9 application to Orange County Solid Waste for review/approved within 180 days of permit 10 issuance. 11 5. Existing vegetation shall be preserved along the perimeter of the property, in accordance 12 with the approved site plan, in order to satisfy required landscaping standards. In the 13 event this land use buffer area is disturbed the applicant shall be required to submit a 14 formal landscape plan outlining the replacement/replanting of vegetation to the County for 15 review. This plan will need to be submitted within 90 days of the disturbance occurring. 16 6. The Special Use Permit will automatically expire within 12 months from the date of 17 approval if the use has not commenced or construction has not commenced or 18 proceeded unless a timely application for extension of this time limit is approved by the 19 Board of Adjustment. 20 7. If any condition of this Special Use Permit shall be held invalid or void, then this Special 21 Use Permit shall be void in its entirety and of no effect. 22 23 MOTION made by Karen Barrows to approve this Class B Special Use Permit for a proposed retreat center with the 24 addition of these seven conditions. 25 David Blankfard seconded. 26 VOTE: Unanimous 27 28 AGENDA ITEM 7: ADJOURNMENT 29 MOTION made by David Blankfard to adjourn. Seconded by Samantha Cabe. 30 VOTE: Unanimous 31 RECOMMENDATION: Staff has not received any information that would establish grounds for making a negative finding on the general standards as detailed above. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, the use being 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. Staff has reviewed the application, the site plan, and all supporting documentation and has found that the applicant complies with the specific standards and required regulations as outlined within the UDO Provided the Board of Adjustment finds in the affirmative on the specific and general standards, the Board could make a positive finding on this application. In the event that the Board makes a recommendation to issue the permit, staff recommends the attachment of the following conditions: