HomeMy WebLinkAboutBOA agenda 031218-cancelled
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
March 12, 2018
7:00 p.m.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF MINUTES
• June 12, 2017
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
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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. CASES:
A. A-2-18 – Public Hearing to review a Class B Special Use Permit
application concerning the expansion of an existing child care
facility at 200 Davis Road, Hillsborough, NC 27278 (PIN 9862-99-
7320). The property, located within the Chapel Hill Township of
Orange County, is owned by the Hillsborough United Church of
Christ.
B. A-3-18 – Public Hearing to review an application appealing the
final determination of the Planning Director, as articulated in an
October 13, 2017 letter, concerning a parcel of property located at
the intersection of Morrow Mill and Millikan Roads (PIN: 9729-50-
7168) owned/operated by Southeast Property Group LLC (a.k.a
Wild Flora Farm) care off Ms. Kara Brewer.
The review of this item includes the Board review ing/acting on a
request from the applicant to issue subpoenas compelling the
submittal of information deemed essential to the proceeding.
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
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ORANGE COUNTY
BOARD OF ADJUSTMENT
PUBLIC HEARING
AGENDA ITEM ABSTRACT CASE A-1-18
Meeting Date: March 12, 2018
Agenda
Item No. A-2-18
SUBJECT: CASE A-2-18: Class B Special Use Permit Proposing Expansion of an existing
Child Care Facility at 200 Davis Road.
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;
6. Existing Special Use Permit.
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. Site Plan and Building Details
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 Child Care facility 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
• 5.8.2 Child Care Facilities
of the Unified Development Ordinance (hereafter ‘UDO’).
BACKGROUND: The basic facts concerning the current application are as follows:
Applicant/Operator: Sounds and Colors, LLC
C/O Mr. Dan Rockaway
190 Davis Road,
Hillsborough, NC 27278
Owners: Hillsborough United Church of Christ (HUCC)
C/O Pastor Jay Kennett
200 Davis Road
Hillsborough, NC 27278
Consultants(s): TLW Architects
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C/O Tim Watson, Architect
112 Baldwin Road
Hillsborough, NC 27278
Location: Southwest corner of Old NC 86 Highway and Davis. Please refer to
Attachment 1 for a map and site assessment of the subject parcel.
Parcel Information: a. PIN: 9862-99-7320
b. Size of parcel: +/-15.65 acres
c. Zoning of parcel: Rural Residential (R-1) 4.9 acres; Rural
Buffer (RB) 10.75 acres
d. Township: Chapel Hill
e. Future Land Use Map Designation: Rural Residential and
Rural Buffer
f. Growth Management System Designation: Rural Designated.
g. Existing Conditions/Physical Features: Undeveloped
portions of the property are mostly wooded with a mix of native
hardwood and evergreen trees.
The property has gradual topography that gradually slopes
toward the intersection. The lowest elevations are located in the
western and edges of the property. The highest elevations are
at the intersection. There are no steep slopes on the property.
h. Roads: Public access for proposed expansion would be via the
existing church and daycare entrances along Davis Road.
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 existing private septic and well systems.
Note, the applicant has submitted and update to the NC
Environmental Health septic permit to ensure that the expansion
(and gallons per day) will be supported by the existing system.
Surrounding Land Uses: a. NORTH: Single-family residences and undeveloped properties
zoned R-1.
b. SOUTH: Single-family residences and undeveloped properties
zoned RB and R-1.
c. EAST : Single-family residences and undeveloped properties zoned
RB and R-1.
d. WEST: Single-family residences and undeveloped properties zoned
R-1.
Proposal: As detailed within Attachment 2, the applicant proposes to expand an existing Child
Care Facility called Sounds and Colors. This existing facility currently operated under a
previously approved Class B Special Use Permit issued by the Board of Adjustment on July 11,
2005. A copy of this permit is contained within Attachment 6.
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The expansion would occur solely on the existing 15.65 acre parcel owned by Hillsborough
United Church of Christ (HUCC) with a physical street address of 200 Davis Road. The
expansion seeks to add approximately 1,200 sq. ft. to the existing 3,000 sq. ft. church
classroom building that was developed in 1995. The request also seeks to expand the
program’s capacity from 58 to 80 children. This expansion is also being documented with the
operator’s state child care license.
Other than the 1,200 sq. ft. addition and 2,000 sq. ft. play yard no other site development is
planned. Existing off-street parking drive and other church facilities will meet the Child Care
Facility’s needs and requirements.
ORDINANCE REQUIREMENTS:
A “Child Care Facility” is defined within Article 10 Definitions of the UDO as a facility that:
“Includes child care centers, and any other child care arrangement not excluded by
General Statute 110-86(2), that provides child care, regardless of the time of day,
wherever operated, and whether or not operated for profit.
a) A child care center is an arrangement where, at any one time, there are
three or more pre-school children or nine or more school-aged children
receiving child care.
b) A family child care home is a child care arrangement located in a
residence where, at any one time, more than two children, but fewer than
nine children, receive child care.”
“Child Care” is defined within Article 10 Definitions of the UDO as a facility that:
“A program or arrangement where three or more children less than 13 years old, who do
not reside where the care is provided, receive care on a regular basis of at least once per
week for more than four hours per day from persons other than their guardians or full-
time custodians, or from persons not related to them by birth, marriage, or adoption.
Child care does not include the following:
a) Arrangements operated in the home of any child receiving care if all the children
in care are related to each other or no more than two additional children are in
care;
b) Recreational programs operated for less than four consecutive months in a
year; c) Specialized activities or instruction such as athletics, dance, art, music lessons,
horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts,
Girl Scouts, 4-H groups, or boys and girls clubs;
d) Drop-in or short-term care provided while parents participate in activities that
are not employment related and where the parents are on the premises or
otherwise easily accessible, such as drop- in or short-term care provided in health
spas, bowling alleys, shopping malls, resort hotels, or churches;
e) Public schools;
f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the
North Carolina Statutes that are accredited by the Southern Association of
Colleges and Schools and that operate a child care facility as defined under Child
Care Facility for less than six and one-half hours per day either on or off the school
site;
g) Bible schools conducted during vacation periods;
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h) Care provided by facilities licensed under Chapter 110, Article 7 of the North
Carolina General
Statutes;
i) Cooperative arrangements among parents to provide care for their children as a
convenience rather than for employment; and
j) Any child care program or arrangement consisting of two or more separate
components, each of which operates for four hours or less per day with different
children attending each component.”
Section 5.1.2 Table of Permitted Uses of the UDO identifies Child Care Facilities as a permitted
use of property within the AR and RB general use zoning districts subject to the issuance of a
SUP.
Standards governing the development of a camp/retreat, as detailed in Section 5.8.2 of the
UDO, are as follows:
Standards for Class B Special Use Permit:
(1) Submittal Requirements In addition to the information required by Section 2.7of the
UDO, the following shall be submitted as part of the application:
(a) A site plan prepared in accordance with Sections 2.5.3 5.8.2 of the UDO, also
showing the following (existing or proposed):
(i) Buildings;
(ii) Outdoor play areas;
(iv) Fencing and gates;
(v) Off-street parking; and
(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
details.
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.
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.
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STAFF COMMENT: The applicant proposes only phase 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.
See also NC Environmental Health letter regarding adequacy of existing
system to support expansion.
(c) The landscape plan shall show how the facilities will be screened from the
adjacent properties.
STAFF COMMENT: Existing buffers and landscaping shall remain to meet
the landscape requirements as shown on 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. Note, the
facility will utilize some of the 80+ existing parking spaces for the church.
This facility operates during the weekdays and does not conflict with
church hours/days of operation. Also note that 7 spaces and only ADA
accessible space will be reconfigured adjacent to the main entry.
As part of the submittal, the applicant has also voluntarily offered the imposition of the following
conditions on the SUP, specifically:
1. Lighting: No additional free standing outdoor lighting shall be provided with this
expansion.
STAFF COMMENT: The current facility meets the requirements of Section
6.11: “Outdoor Lighting” of the UDO.
2. Vehicular Access: The information and plans illustrating the existing vehicular access
points and driveway permits for the site will be reviewed by NCDOT to ensure the
expanded vehicular trips and turning movements do not warrant changes to the existing
driveways and/or driveway permits for the site.
STAFF COMMENT: 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. Staff recommends that this review occur at the time of
Site Plan submittal.
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3. Landscaping: The removal of any landscape materials (i.e. trees and shrubs) required to
meet Section 6.8 “Landscaping, Buffers and Tree Protection” of the UDO shall be
replaced with equivalent materials prior to the issuance of a Zoning Compliance Permit.
STAFF COMMENT: Staff will review this removal (if any) on-site at the
required predevelopment meeting that occurs prior to land disturbing
activity.
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 (including State issued permits);
c. Erosion Control Management Permit (if applicable);
d. Stormwater Permit (if applicable);
e. Solid Waste Management Plan and Permit; and
f. Zoning Compliance Permit.
STAFF COMMENT(S):
1. The applicant has offered conditions of approval for this request. These conditions
address potential impact (namely light and landscaping) 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.
Note, 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;
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4. There are several goals/policies detailed within the adopted 2030 Comprehensive Plan
addressing the development of Child Care Facilities 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 (NIM)
and the public hearing consistent with the requirements of the UDO. No residents came
to the NIM or have inquired about the request in person; or via phone, letter or e-mail.
Please refer to Attachment 3.
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.
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:
• Erosion Control/Stormwater permits;
• North Carolina and/or Orange County Health Department approving a proposed
expanded use of the existing septic system/well for the project;
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• A Building permit including review and approval of the plans by the County Fire
Marshal;
• A Solid Waste Management Plan and Permit;
• A Zoning Compliance Permit; and/or
• NCDOT Driveway permit(s).
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.
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Stream Buffer 80ftMajor TransportationCorridor Overlay
USGS Stream
2' Contours (NCDOT)ParcelsStreetsZoning
FIRMWatershed ·
0 80 160Feet
1 inch = 160 feet
FloodPanel:9862J FloodPanel:9872J
Lower EnoUnprotectedWatershed
Jordan LakeUnprotectedWatershed
R1
RB
W SCARLETTMOUNTAINRD
734
732
730
728
726724
722720718
714
706704
700
694
692
690
670
668
666
7
0
8
7
0
2
6
9
8
6
9
6
68
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4
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2
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0
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69
8696694692690
6
8
8
702
700
7
2
8
72
6
724
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9
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9
6
736734704
702
716
7
1
2
7
1
0
6
7
8
676
722
720
680
O L D N C 8 6
OAK RIDGE DR
DAVIS RD
Site Assessment for PIN: 9862997320
Site Data:Zoning: R1 4.9acres/RB 10.75 acresAcreage: 15.65Overlay Districts: Jordan Lake unprotected watershed & Lower Enounprotected watershed/ NA Major Transportation Corridor
Plat/Legal Description: TR A HILLSBOROUGH UNITED CHURCH OFCHRIST P55/74
Zoning Requirements:Max. Density: 1 dwelling unit per 2 acres in RB/ 1 dwelling unit per40,000 sq. ft. in R1Min. Lot Size: 2 acres in RB/ 40,000 sq. ft. in R1Min. lot width: 130 ft. in RB/ 150 ft. in R1Maximum height: 25 ft. (article 6.2.2)
Building Setbacks:Front (and Corner lots) = 40 ft.Side Setbacks = 20 ft.Rear Yard Setback = 20 ft.Max. Impervious Surface: NA
Environmental Features:Streams/Water Bodies: NASFHA(Floodplain): NAWetlands:Buffers: SFHA___ Stream___
Flood Info:Panel #:9862J/9872J
BFC____ with Freeboards ____Flood depth at structure:
Land Disturbance Thresholds:1) Erosion Control Application/Permit required if disturbing more than20,000 sq. ft.2) Stormwater Management Application/Permit required if disturbingmore than 43,560 sq. ft. (1/2 an acre) for residential structures.
*** Call OC Erosion Control at (919) 245-2586 for more information.
Notes:1) Private Road Justifications, Recorded Declarations, RestrictiveCovenants, Bona Fide Farm status, use and building type (e.g. duplexunits) will change subdivision and development requirements.
2) Wetlands data is taken from Classification of Wetlands andDeepwater Habitats of the United States. U.S. Department of theInterior, Fish and Wildlife Service and does not constitute a formaldelineation (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, bestavailable, data.
4) This does not constitute a formal land survey.
(Date Site Assessment Completed: 01/10/2018 by tsliger)
PIN#: 9862997320CHRIST HILLSBOROUGH UNITED CHURCH OF 200 DAVIS 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.01/10/2018 - tsliger
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March 2, 2018
Patrick R. Mallett
Orange County Planning & Inspections
131 W. Margaret Lane, Suite 201
Hillsborough, NC 27278
Re: Sounds and Colors, Class B SUP
PIN 9862-99-7320
Dear Mr. Mallett:
This letter confirms that the Orange County Sheriff’s Office does not foresee any issues with the
Special Use Permit for the Sounds and Colors. Given its location in the unincorporated portion of
Hillsborough, my Office is responsible for providing law enforcement services to this area. I am not
aware of any safety issues related to this location
If you have any questions, please contact me via email at csblackwood@orangecountync.gov or
by phone at (919) 612.0003.
Sincerely,
Sheriff Charles S. Blackwood
Orange County Sheriff’s Office
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Patrick R. Mallett
From:Phil Vilaro
Sent:Friday, March 02, 2018 2:16 PM
To:Patrick R. Mallett
Subject:RE: Comments on Sounds and Colors, LLC?
Dear Pat:
So long as we have documented DWR for the expansion of flow, we do not have jurisdiction over the septic system. However,
we will need an application for an Existing System Authorization (XS), and will need to make a site visit in order to verify
setbacks of the new construction from any existing well(s).
Thanks PRV
Please tell us how we are doing by taking this very quick survey. We appreciate your comments.
https://www.surveymonkey.com/r/EHSURVEY2017‐2018
Philip R. Vilaro, PhD, REHS
Environmental Health Services Division Interim Co‐Director
Environmental Health Supervisor
Onsite Well and Wastewater Section
Environmental Health Division
Orange County Health Department
131 W. Margaret Lane, Suite 100
Hillsborough, NC 27278
Phone – 919‐245‐2362
Fax – 919‐644‐3006
http://www.co.orange.nc.us/envhlth/index.asp
CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from or received by this site are the property of Orange County Government and as such
are considered public domain and are subject to the North Carolina Public Record Law. The Orange County Health Department does not transmit client/patient medical
information vial email. Certain other confidential information may be transmitted, however, and any unauthorized review, use disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you believe there has been an inappropriate disclosure,
please contact Carla Julian at cjulian@co.orange.nc.us, the health Department Privacy Officer.
From: Patrick R. Mallett
Sent: Thursday, March 01, 2018 1:42 PM
To: David Ward; Phil Vilaro
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Cc: Molly Boyle
Subject: RE: Comments on Sounds and Colors, LLC?
This one has a state permit and has been updated with GPD that would support the additional kids….See letter in folder under
attachment 2. All I need is an e‐mail stating that EH has no objections to the issuance of the Class B SUP…you can a qualifier like
assuming that all the appropriate permits are finalized….
From: Molly Boyle
Sent: Thursday, March 01, 2018 1:23 PM
To: David Ward; Phil Vilaro
Cc: Patrick R. Mallett
Subject: Comments on Sounds and Colors, LLC?
Hi David and Phil!
I hope you’re doing well. Patrick needs any comments you may have on a Class B Special Use Permit application for Sounds and
Colors, LLC. Pat said he thinks this project has a State system, but he wanted to defer to you to be sure.
You can access the site plan for Sounds and Colors, a Child Care Facility, using the following pathway:
T:\Planning\Sounds and Colors Child Care Facility Class B SUP
If you have any concerns over the project, please let him know. Even if you have no comment, please send him an email saying
so—that way he can add it to the file. You can reach Patrick at 919‐245‐2577 or pmallett@orangecountync.gov.
Thank you!
Molly Boyle, MPA
Planner I
Orange County Planning & Inspections
(919) 245‐2599
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
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FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT
PERTAINING TO A REQUEST SUBMITTED BY
SOUNDS AND COLORS LLC AND HILLSBOROUGH UNITED CHURCH OF CHRIST
PROPOSING EXPANSION OF A CHILD CARE FACILITY
ON A PARCEL OF PROPERTY OFF OF OLD NC 86 AND DAVIS ROAD
(PINS 9862-99-7320)
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 5.8.2 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 Child Care Facility as set forth in
Section 5.8.2 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
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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 N/A
List of parcels within 1,000 feet 2.7.3(B)(6) Application (Attachments 2 and 3)
Yes
Elevations of all structures 2.7.3(B)(7) Application (Attachment 2) (Site plan)
Yes
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 N/A
NOTIFICATION REQUIREMENTS NOTIFICATION REQUIREMENTS
Public Notice
Date
Time
Place
2.7.6(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
2.7.6(b) Staff Testimony
The legal ad was published in the News
of Orange and the Chapel Hill Herald on
February 28 and again on March 7,
2018
Yes
Sign Posting on Property (at least 10
days prior)
2.7.6(c) Staff Testimony
posted sign on March 2, 2018
Yes
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Mailed Notice
Certified mail
All adjacent property owners
(within 1,000 feet)
Not less than fifteen days prior
2.7.6(d) NIM and BOA Materials (Attachment 3) Yes
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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
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REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
STANDARDS FOR A CHILD CARE FACILITY 5.8.2
Site Plan
A site plan prepared in accordance
with Section 2.5 and Standards for
Child Care Facilities.
2.5; and
5.8.2(B)(1)(a)
Application (Attachment 2) (Site plan)
Yes
A floor plan of the proposed child care
facility, showing the use and
dimensions of each room and the
location of entrances and exits.
5.8.2(B)(1)(b)
Site Plan Yes
Standards of Evaluation
A description of the type of facility,
the size, child capacity, and use of
proposed buildings; fencing, gates,
outdoor and indoor play areas,
landscaping, parking and pick-up/drop
off areas, access .
5.8.2
(B)(2)(a-j)
Application (Attachment 2) (Site plan)
Yes
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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)
Based on all above findings,
Applicant’s Narrative, and Staff’s
report, the Board finds 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)
Application package as contained
in Attachment 2 inclusive including,
but not limited to:
- Narrative;
- Staff abstract,
- Review comments
(Attachment 4); and
- Letter from Mrs. Rose
Finely, Commercial Realtor
(Attachment 4).
Based on all above findings, and a
lack of competent/material
evidence in the record refuting the
testimony, the Board finds the use
will maintain or enhance the value
of contiguous property.
Yes
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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; and
- Site Plan.
- Site Assessment
(Attachment 1)
- Staff review comments
(Attachment 4)
Based on the above findings,
Applicant’s Narrative, and Staff’s
report, the Board finds 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
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The Board voted unanimously to issue the requested Special Use Permit with the imposition of
the following condition(s):
1. In accordance with the provision(s) of Section(s) 5.2.1 Table of Permitted Uses and 5.8.2
Child Care facility 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 March 12, 2018.
2. In accordance with the provision(s) Section 5.8.2 Child Care Facility, and consistent with
the submitted application package, site plan, and narrative as approved by the Orange
County Board of Adjustment on March 12, 2018, all existing and required buffers per
Section 6.8 shall be maintained and/or enhanced. Any landscape materials removed
shall be replaced with comparable materials. 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.
3. For general welfare 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, no
additional freestanding lighting shall be permitted for the Child Care Facility.
4. 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.
5. Per Section 2.5 of the UDO the applicant shall obtain all necessary and applicable
permits from the County associated with the development of the property consistent with
the approved Special Use Permit, including but not limited to:
a. Building/ Solid Waste Management Permit,
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:
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b. Environmental Health Permit,
c. Erosion Control Management Permit,
d. Stormwater Permit, and
e. Zoning Compliance Permit.
6. 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.
7. 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.
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ORANGE COUNTY
BOARD OF ADJUSTMENT
AGENDA ITEM ABSTRACT CASE A-1-17
Meeting Date: March 12, 2018
Agenda
Item No. A-3-18
SUBJECT: CASE A-3-18: Appeal of a Decision made by the Zoning Officer
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Appeal Application and Subpoena
Requests;
2. Applicable Provisions of Session Law
2017-108;
3. October 12, 2017 Request for
Determination Submitted by Andrew
Petesch;
4. October 13, 2017 Staff Determination
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To convene a hearing and begin review of an appeal application (Attachment 1)
submitted by several local property owners concerning an October 13, 2017 determination
made by the Planning Director.
This includes review/action on a request from the applicant that the Board issue subpoenas
compelling the submittal of information deemed essential to the proceeding.
BACKGROUND: On July 12, 2017, Session Law 2017-108 (hereafter ‘the Law’) became
effective. The Law included amendment(s) to North Carolina General Statute (NCGS) 153(A)
340 (b) (2a) establishing criteria for the use of structures on a bona farm for agritourism events.
A copy of the relevant sections of the Law is contained within Attachment 2.
On October 12, 2017 staff received a request (Attachment 3) from Mr. Andy Petesch for a: ‘…
formal determination classifying the use of the barn building and structure at Wild Flora Farm for
agritourism events as a bona fide farm purpose and, therefore, such use is exempt from the
County’s zoning regulation. See Session Law 2017-108, Sec. 8.(a)’. The request involved a
structure located on a parcel of property identified utilizing Orange County Parcel Identification
Number (PIN) 9729-50-7168 owned by Southeast Property Group LLC (a.k.a Wild Flora Farm)
care off Ms. Kara Brewer (hereafter ‘the property’). This is commonly referred to as the Barn of
Chapel Hill.
Put simply, Mr. Petesch requested a determination on the status of the aforementioned structure
consistent with the provisions of the Law. Staff reviewed the provisions of the Law as well as
documentation supplied by Mr. Andy Petesch as part of its deliberation(s).
After consulting with the County’s Attorney office, the Planning Director made the determination
the structure located on the property is classified as a bona fide farm purpose pursuant to the
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provisions of NCGS 153A-340 (b) (2a) and is not subject to the land use regulations as
embodied within the Orange County Unified Development Ordinance (UDO). This determination
is contained within Attachment 4.
It is this determination that is being appealed as detailed in Attachment 1.
As previously indicated, the appeal application contains a request for the Board chair to issue
subpoenas for information supplied to the North Carolina Department of Revenue by Southeast
Property Group LLC (a.k.a Wild Flora Farm) allowing for the issuance of the final sales tax
exemption certificate.
This request was denied by Vice-Chair Barrows. Per Section 2.12.3 of the UDO and 160A-939
(d) of the North Carolina General Statutes the applicant is requesting the full Board review the
matter and issue the requested subpoenas.
With respect to the review of an appeal application the Board needs to remember the following:
a. The intent of the meeting is to allow the applicant to present testimony detailing how staff
erred with respect to the interpretation/enforcement of the UDO,
b. While this meeting is open to the public, participation is limited to those parties with
standing,
c. Per Section 2.26.4 of the UDO all decisions of the Board of Adjustment are: ‘… subject to
review at the request of any person who has standing as detailed within NCGS 160A-393
(d) by the Superior Court by proceedings in the nature of certiorari’.
This appeal must be filed within 30 days of the availability of the notice of decision in
accordance with the UDO.
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BOARD OF ADJUSTMENT SUBPOENA
(N.C.G.S. §160A-388(g)
IN THE MATTER OF:
THE APPLICATION FOR APPEAL OF
INTERPRETATION OF CURRENT PLANNING
SUPERVISOR TO BOARD OF ADJUSTMENT
OF HIS OCTOBER 13, 2017 DECISION
CONCERNING SOUTHEAST PROPERTY
GROUP, LLC’S PROPERTY ON MORROW
MILL ROAD
)
)
)
)
)
)
)
)
)
)
)
)
TO: Southeast Property Group, LLC
c/o Kara M. Brewer, its Registered Agent
82 Jordan Hills
Chapel Hill, NC 27517-6432
Upon due petition by Gleta Carswell, Rene Quadt, Margaret
Wilkman, Alice Sandra Wilkman, Thomas Ray and Doris Ray, Appellants in
the above-referenced action, and pursuant to the authority vested in
me as Chair or person acting as Chair of the Orange County Board of
Adjustment by N.C.G.S. §160-388(g), you are hereby commanded to appear
at the Orange County Board of Adjustment Public Hearing on
_______________, 2018 at ______ p.m. at
__________________________________ to testify before the Board in the
matter of the Application for Appeal of Interpretation of Current
Planning Supervisor to Board of Adjustment of his October 13, 2017
Decision Concerning Southeast Property Group, LLC’s Property on Morrow
Mill Road. This subpoena is a continuing subpoena for your appearance
on subsequent dates as set by the Board of Adjustment until this
matter has been fully heard.
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-2-
You are further commanded to produce and permit inspection and
copying of the following items at the place, date and time indicated
below:
All information Southeast Property Group, LLC has submitted or
caused to be submitted to the North Carolina Department of
Revenue and/or to Orange County (its employees, agents and
attorneys) regarding its alleged eligibility under and alleged
compliance with the provisions of N.C.G.S. §153-340, N.C.G.S.
§105-164.13E(a) and/or N.C.G.S. §105-277.3 as well as all
information regarding its legal relationship with Wild Flora
Farms, LLC, the Barn of Chapel Hill, LLC, Kara Brewer Designs,
LLC, KB Special Events, LLC, Kara Brewer and/or Chris Brewer.
These documents are to be submitted in advance of the hearing to
which you are subpoenaed to testify as referenced above and delivered
to LeAnn Nease Brown, Brown & Bunch, PLLC, 101 N. Columbia Street,
Chapel Hill, NC 27514. All applicable documents are to be produced
for inspection and copying on December 29, 2017 beginning at 9:30 a.m.
This ____ day of December, 2017.
_____________________________________
____________________________, Chair
Orange County Board of Adjustment
I certify this subpoena was received and served on the person
subpoenaed as follows:
____ by personal delivery
____ by registered or certified mail, return receipt requested
____ by telephone communication
____ by Sheriff
Date served: ________________
Name of authorized server:__________________________________________
Signature of authorized server and title:___________________________
13460\01\m\018Board of Adjustment Subpoena (Southeast Property Group)
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BOARD OF ADJUSTMENT SUBPOENA
(N.C.G.S. §160A-388(g)
IN THE MATTER OF:
THE APPLICATION FOR APPEAL OF
INTERPRETATION OF CURRENT PLANNING
SUPERVISOR TO BOARD OF ADJUSTMENT
OF HIS OCTOBER 13, 2017 DECISION
CONCERNING SOUTHEAST PROPERTY
GROUP, LLC’S PROPERTY ON MORROW
MILL ROAD
)
)
)
)
)
)
)
)
)
)
)
)
TO: Wild Flora Farms, LLC
c/o Kara Brewer, its Registered Agent
82 Jordan Hills
Chapel Hill, NC 27517-6432
Upon due petition by Gleta Carswell, Rene Quadt, Margaret
Wilkman, Alice Sandra Wilkman, Thomas Ray and Doris Ray, Appellants in
the above-referenced action, and pursuant to the authority vested in
me as Chair or person acting as Chair of the Orange County Board of
Adjustment by N.C.G.S. §160-388(g), you are hereby commanded to appear
at the Orange County Board of Adjustment Public Hearing on
_______________, 2018 at ______ p.m. at
_____________________________________ to testify before the Board in
the matter of the Application for Appeal of Interpretation of Current
Planning Supervisor to Board of Adjustment of his October 13, 2017
Decision Concerning Southeast Property Group, LLC’s Property on Morrow
Mill Road. This subpoena is a continuing subpoena for your appearance
on subsequent dates as set by the Board of Adjustment until this
matter has been fully heard.
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-2-
You are further commanded to produce and permit inspection and
copying of the following items at the place, date and time indicated
below:
All information Wild Flora Farms, LLC has submitted or caused to
be submitted to the North Carolina Department of Revenue and/or
to Orange County (its employees, agents and attorneys) regarding
its alleged eligibility under and alleged compliance with the
provisions of N.C.G.S. §153-340, N.C.G.S. §105-164.13E(a) and/or
N.C.G.S. §105-277.3 as well as all information regarding its
legal relationship with Southeast Property Group, LLC, the Barn
of Chapel Hill, LLC, Kara Brewer Designs, LLC, KB Special Events,
LLC, Kara Brewer and/or Chris Brewer.
These documents are to be submitted in advance of the hearing to
which you are subpoenaed to testify as referenced above and delivered
to LeAnn Nease Brown, Brown & Bunch, PLLC, 101 N. Columbia Street,
Chapel Hill, NC 27514. All applicable documents are to be produced
for inspection and copying on December 29, 2017 beginning at 9:30 a.m.
This ____ day of December, 2017.
_____________________________________
____________________________, Chair
Orange County Board of Adjustment
I certify this subpoena was received and served on the person
subpoenaed as follows:
____ by personal delivery
____ by registered or certified mail, return receipt requested
____ by telephone communication
____ by Sheriff
Date served: ________________
Name of authorized server:__________________________________________
Signature of authorized server and title:___________________________
13460\01\m\019Board of Adjustment Subpoena (Wild Flora Farms)
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BOARD OF ADJUSTMENT SUBPOENA
(N.C.G.S. §160A-388(g))
IN THE MATTER OF:
THE APPLICATION FOR APPEAL OF
INTERPRETATION OF CURRENT PLANNING
SUPERVISOR TO BOARD OF ADJUSTMENT
OF HIS OCTOBER 13, 2017 DECISION
CONCERNING SOUTHEAST PROPERTY
GROUP, LLC’S PROPERTY ON MORROW
MILL ROAD
)
)
)
)
)
)
)
)
)
)
)
)
TO: The Barn of Chapel Hill, LLC
c/o Kara M. Brewer, its Registered Agent
82 Jordan Hills
Chapel Hill, NC 27517-6432
Upon due petition by Gleta Carswell, Rene Quadt, Margaret
Wilkman, Alice Sandra Wilkman, Thomas Ray and Doris Ray, Appellants in
the above-referenced action, and pursuant to the authority vested in
me as Chair or person acting as Chair of the Orange County Board of
Adjustment by N.C.G.S. §160-388(g), you are hereby commanded to appear
at the Orange County Board of Adjustment Public Hearing on
_______________, 2018 at ______ p.m. at ______________________________
to testify before the Board in the matter of the Application for
Appeal of Interpretation of Current Planning Supervisor to Board of
Adjustment of his October 13, 2017 Decision Concerning Southeast
Property Group, LLC’s Property on Morrow Mill Road. This subpoena is
a continuing subpoena for your appearance on subsequent dates as set
by the Board of Adjustment until this matter has been fully heard.
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-2-
You are further commanded to produce and permit inspection and
copying of the following items at the place, date and time indicated
below:
All information The Barn of Chapel Hill, LLC has submitted or
caused to be submitted to the North Carolina Department of
Revenue and/or to Orange County (its employees, agents and
attorneys) regarding its alleged eligibility under and alleged
compliance with the provisions of N.C.G.S. §153-340, N.C.G.S.
§105-164.13E(a) and/or N.C.G.S. §105-277.3 as well as all
information regarding its legal relationship with Southeast
Property Group, LLC, Wild Flora Farms, LLC, Kara Brewer Designs,
LLC, KB Special Events, LLC, Kara Brewer and/or Chris Brewer.
These documents are to be submitted in advance of the hearing to
which you are subpoenaed to testify as referenced above and delivered
to LeAnn Nease Brown, Brown & Bunch, PLLC, 101 N. Columbia Street,
Chapel Hill, NC 27514. All applicable documents are to be produced
for inspection and copying on December 29, 2017 beginning at 9:30 a.m.
This ____ day of December, 2017.
_____________________________________
____________________________, Chair
Orange County Board of Adjustment
I certify this subpoena was received and served on the person
subpoenaed as follows:
____ by personal delivery
____ by registered or certified mail, return receipt requested
____ by telephone communication
____ by Sheriff
Date served: ________________
Name of authorized server:__________________________________________
Signature of authorized server and title:___________________________
13460\01\m\020Board of Adjustment Subpoena (The Barn of Chapel Hill)
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BOARD OF ADJUSTMENT SUBPOENA
(N.C.G.S. §160A-388(g)
IN THE MATTER OF:
THE APPLICATION FOR APPEAL OF
INTERPRETATION OF CURRENT PLANNING
SUPERVISOR TO BOARD OF ADJUSTMENT
OF HIS OCTOBER 13, 2017 DECISION
CONCERNING SOUTHEAST PROPERTY
GROUP, LLC’S PROPERTY ON MORROW
MILL ROAD
)
)
)
)
)
)
)
)
)
)
)
)
TO: Kara Brewer a/k/a Kara M. Brewer
82 Jordan Hills
Chapel Hill, NC 27517-6432
Upon due petition by Gleta Carswell, Rene Quadt, Margaret
Wilkman, Alice Sandra Wilkman, Thomas Ray and Doris Ray, Appellants in
the above-referenced action, and pursuant to the authority vested in
me as Chair or person acting as Chair of the Orange County Board of
Adjustment by N.C.G.S. §160-388(g), you are hereby commanded to appear
at the Orange County Board of Adjustment Public Hearing on
_______________, 2018 at ______ p.m. at
____________________________________ to testify before the Board in
the matter of the Application for Appeal of Interpretation of Current
Planning Supervisor to Board of Adjustment of his October 13, 2017
Decision Concerning Southeast Property Group, LLC’s Property on Morrow
Mill Road. This subpoena is a continuing subpoena for your appearance
on subsequent dates as set by the Board of Adjustment until this
matter has been fully heard.
125 of 200
-2-
You are further commanded to produce and permit inspection and
copying of the following items at the place, date and time indicated
below:
All information you have submitted or caused to be submitted to
the North Carolina Department of Revenue and/or to Orange County
(its employees, agents and attorneys) regarding its alleged
eligibility under and alleged compliance with the provisions of
N.C.G.S. §153-340, N.C.G.S. §105-164.13E(a) and/or N.C.G.S. §105-
277.3 as well as all information regarding your legal
relationship with Southeast Property Group, LLC, Wild Flora
Farms, LLC, The Barn of Chapel Hill, LLC, Kara Brewer Designs,
LLC, KB Special Events, LLC and/or Chris Brewer.
These documents are to be submitted in advance of the hearing to
which you are subpoenaed to testify as referenced above and delivered
to LeAnn Nease Brown, Brown & Bunch, PLLC, 101 N. Columbia Street,
Chapel Hill, NC 27514. All applicable documents are to be produced
for inspection and copying on December 29, 2017 beginning at 9:30 a.m.
This ____ day of December, 2017.
_____________________________________
____________________________, Chair
Orange County Board of Adjustment
I certify this subpoena was received and served on the person
subpoenaed as follows:
____ by personal delivery
____ by registered or certified mail, return receipt requested
____ by telephone communication
____ by Sheriff
Date served: ________________
Name of authorized server:__________________________________________
Signature of authorized server and title:___________________________
13460\01\m\021Board of Adjustment Subpoena (Kara Brewer)
126 of 200
BOARD OF ADJUSTMENT SUBPOENA
(N.C.G.S. §160A-388(g)
IN THE MATTER OF:
THE APPLICATION FOR APPEAL OF
INTERPRETATION OF CURRENT PLANNING
SUPERVISOR TO BOARD OF ADJUSTMENT
OF HIS OCTOBER 13, 2017 DECISION
CONCERNING SOUTHEAST PROPERTY
GROUP, LLC’S PROPERTY ON MORROW
MILL ROAD
)
)
)
)
)
)
)
)
)
)
)
)
TO: Chris Brewer
82 Jordan Hills
Chapel Hill, NC 27517-6432
Upon due petition by Gleta Carswell, Rene Quadt, Margaret
Wilkman, Alice Sandra Wilkman, Thomas Ray and Doris Ray, Appellants in
the above-referenced action, and pursuant to the authority vested in
me as Chair or person acting as Chair of the Orange County Board of
Adjustment by N.C.G.S. §160-388(g), you are hereby commanded to appear
at the Orange County Board of Adjustment Public Hearing on
_______________, 2018 at ______ p.m. at
___________________________________ to testify before the Board in the
matter of the Application for Appeal of Interpretation of Current
Planning Supervisor to Board of Adjustment of his October 13, 2017
Decision Concerning Southeast Property Group, LLC’s Property on Morrow
Mill Road. This subpoena is a continuing subpoena for your appearance
on subsequent dates as set by the Board of Adjustment until this
matter has been fully heard.
127 of 200
-2-
You are further commanded to produce and permit inspection and
copying of the following items at the place, date and time indicated
below:
All information you have submitted or caused to be submitted to
the North Carolina Department of Revenue and/or to Orange County
(its employees, agents and attorneys) regarding its alleged
eligibility under and alleged compliance with the provisions of
N.C.G.S. §153-340, N.C.G.S. §105-164.13E(a) and/or N.C.G.S. §105-
277.3 as well as all information regarding your legal
relationship with Southeast Property Group, LLC, Wild Flora
Farms, LLC, The Barn of Chapel Hill, LLC, Kara Brewer Designs,
LLC, KB Special Events, LLC and/or Kara Brewer a/k/a Kara M.
Brewer.
These documents are to be submitted in advance of the hearing to
which you are subpoenaed to testify as referenced above and delivered
to LeAnn Nease Brown, Brown & Bunch, PLLC, 101 N. Columbia Street,
Chapel Hill, NC 27514. All applicable documents are to be produced
for inspection and copying on December 29, 2017 beginning at 9:30 a.m.
This ____ day of December, 2017.
_____________________________________
____________________________, Chair
Orange County Board of Adjustment
I certify this subpoena was received and served on the person
subpoenaed as follows:
____ by personal delivery
____ by registered or certified mail, return receipt requested
____ by telephone communication
____ by Sheriff
Date served: ________________
Name of authorized server:__________________________________________
Signature of authorized server and title:___________________________
128 of 200
-3-
13460\01\m\022Board of Adjustment Subpoena (Chris Brewer)
129 of 200
Senate Bill 615 Session Law 2017-108 Page 5
SECTION 7. G.S. 106-932 reads as rewritten:
"§ 106-932. Assent of legislature to mutual aid provisions of other compacts.
The legislature of this State hereby gives its assent to the mutual aid provisions of Articles
IV and V of the South Central Interstate Forest Fire Protection Compact Compact, the Middle
Atlantic Interstate Fire Protection Compact, and the Great Plains Wildland Fire Protection
Compact, in accordance with Article VIII of that Compact those Compacts relating to
interregional mutual aid; and the legislature of this State also hereby gives its assent to the
mutual aid provisions of Articles IV and V of the Middle Atlantic Interstate Forest Fire
Protection Compact in accordance with Article VIII of that Compact relating to interregional
mutual aid."
CLARIFY ACTIVITIES INCIDENT TO THE FARM AND AGRITOURISM
SECTION 8.(a) G.S. 153A-340(b), as amended by Section 9 of this act, reads as
rewritten:
"§ 153A-340. Grant of power.
…
(b) …
(2) Except as provided in G.S. 106-743.4 for farms that are subject to a
conservation agreement under G.S. 106-743.2, bona fide farm purposes
include the production and activities relating or incidental to the production
of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy,
livestock, poultry, and all other forms of agriculture, as defined in
G.S. 106-581.1. Activities incident to the farm include existing or new
residences constructed to the applicable residential building code situated on
the farm occupied by the owner, lessee, or operator of the farm and other
buildings or structures sheltering or supporting the farm use and operation.
For purposes of this subdivision, "when performed on the farm" in
G.S. 106-581.1(6) shall include the farm within the jurisdiction of the county
and any other farm owned or leased to or from others by the bona fide farm
operator, no matter where located. For purposes of this subdivision, the
production of a nonfarm product that the Department of Agriculture and
Consumer Services recognizes as a "Goodness Grows in North Carolina"
product that is produced on a farm subject to a conservation agreement under
G.S. 106-743.2 is a bona fide farm purpose. For purposes of determining
whether a property is being used for bona fide farm purposes, any of the
following shall constitute sufficient evidence that the property is being used
for bona fide farm purposes:
a. A farm sales tax exemption certificate issued by the Department of
Revenue.
b. A copy of the property tax listing showing that the property is
eligible for participation in the present use value program pursuant to
G.S. 105-277.3.
c. A copy of the farm owner's or operator's Schedule F from the owner's
or operator's most recent federal income tax return.
d. A forest management plan.
e. A Farm Identification Number issued by the United States
Department of Agriculture Farm Service Agency.
(2a) A building or structure that is used for agritourism is a bona fide farm
purpose if the building or structure is located on a property that (i) is owned
by a person who holds a qualifying farmer sales tax exemption certificate
from the Department of Revenue pursuant to G.S. 105-164.13E(a) or (ii) is
130 of 200
Page 6 Session Law 2017-108 Senate Bill 615
enrolled in the present-use value program pursuant to G.S. 105-277.3.
Failure to maintain the requirements of this subsection for a period of three
years after the date the building or structure was originally classified as a
bona fide purpose pursuant to this subdivision shall subject the building or
structure to applicable zoning and development regulation ordinances
adopted by a county pursuant to subsection (a) of this section in effect on the
date the property no longer meets the requirements of this subsection. For
purposes of this section, "agritourism" means any activity carried out on a
farm or ranch that allows members of the general public, for recreational,
entertainment, or educational purposes, to view or enjoy rural activities,
including farming, ranching, historic, cultural, harvest-your-own activities,
or natural activities and attractions. A building or structure used for
agritourism includes any building or structure used for public or private
events, including, but not limited to, weddings, receptions, meetings,
demonstrations of farm activities, meals, and other events that are taking
place on the farm because of its farm or rural setting.
…."
SECTION 8.(b) G.S. 143-138 reads as rewritten:
"§ 143-138. North Carolina State Building Code.
…
(b4) Exclusion for Certain Farm Buildings. – Building rules do not apply to (i) farm
buildings that are located outside the building-rules jurisdiction of any municipality, (ii) farm
buildings that are located inside the building-rules jurisdiction of any municipality if the farm
buildings are greenhouses,greenhouses or therapeutic equine facilities, (iii) a primitive camp, or
(iv) a primitive farm building. For the purposes of this subsection:
(1) For the purposes of this subdivision, a "farm building" means any
nonresidential building or structure that is used for a bona fide farm purpose
as provided in G.S. 153A-340. A "farm building" shall include:
a. Any structure used or associated with equine activities, including, but
not limited to, the care, management, boarding, or training of horses
and the instruction and training of riders. Structures that are
associated with equine activities include, but are not limited to, free
standing or attached sheds, barns, or other structures that are utilized
to store any equipment, tools, commodities, or other items that are
maintained or used in conjunction with equine activities. The specific
types of equine activities, structures, and uses set forth in this
subdivision are for illustrative purposes, and should not be construed
to limit, in any manner, the types of activities, structures, or uses that
may be considered under this subsection as exempted from building
rules. A farm building that might otherwise qualify for exemption
from building rules shall remain subject only to an annual safety
inspection by the applicable city or county building inspection
department of any grandstand, bleachers, or other spectator-seating
structures in the farm building. An annual safety inspection shall
include an evaluation of the overall safety of spectator-seating
structures as well as ensuring the spectator-seating structure's
compliance with any building codes related to the construction of
spectator-seating structures in effect at the time of the construction of
the spectator-seating.
b. Any structure used for the display and sale of produce, no more than
1,000 square feet in size, open to the public for no more than 180
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May$26,$2017$
$
Mr.$Michael$Harvey$
Current$Planning$Supervisor$
Orange$County$
$
$
Mr.$Harvey,$
$
Thank$you$for$your$letter$dated$May$15,$2017$notifying$me$about$reports$concerning$a$wedding$
event$held$at$Wild$Flora$Farm$on$May$7,$2017.$$The$primary$concerns$conveyed$in$those$reports$
were$apparently$related$to$noise$complaints$and$the$event$hours.$
$
As$noted$in$your$letter,$the$Sheriff’s$department$investigated$and$determined$no$noise$
ordinance$violation$had$occurred.$In$fact,$the$Sheriff’s$report$(attached)$expressly$states$that$
the$responding$Deputy$attempted$to$take$a$noise$level$reading,$but$the$sound$meter$did$not$
register$any$noise.$
$
With$respect$to$event$hours,$our$Rural$Special$Event$Permit$allowed$for$the$May$7,$2017$event$
to$operate$up$to$11:00pm$and$we$complied$with$that$requirement.$The$caterers$started$
breaking$down$the$food$service$by$10:30.$The$band$played$their$last$song$at$or$around$10:45pm$
or$10:50pm.$The$bride$and$groom$were$sent$off$just$before$11:00pm.$The$event$was$over$at$
11:00pm.$The$last$shuttle$back$to$Chapel$Hill$left$shortly$thereafter,$as$did$all$those$who$drove$
themselves.$By$approximately$11:15pm,$all$guests$had$left$the$property,$while$the$caterers$and$
band$completed$their$breakXdown.$The$band$and$caterers$departed$around$11:30pm$to$
11:40pm.$I$was$present$during$their$breakXdown$and$can$confirm$that$there$were$no$undue$
noises$made$in$this$process.$For$example,$there$is$no$dumpster$on$the$property.$I$was$the$last$
person$on$the$property$and$left$around$11:50pm.$$It$should$also$be$noted$that$by$10:30pm,$a$
significant$portion$of$the$guests$had$already$left$the$event.$$$
$
Thank$you$for$the$opportunity$to$clarify$these$points.$We$will$continue$to$work$with$the$County$
to$ensure$that$our$events$meet$the$terms$of$the$permit.$If$you$would$like$any$additional$
information$about$the$May$7,$2017$event,$please$let$me$know.$
$
Yours$truly,$
$
$
Kara$Brewer$
$
$
$
173 of 200
174 of 200
175 of 200
Petesch Law
127 W. Hargett St., Ste 500 Raleigh, NC 27601
T: 919-747-8611 F: 888-848-9605
E: andy@peteschlaw.com
VIA EMAIL
July 27, 2017
Michael Harvey
Current Planning Supervisor
Orange County
P.O. Box 8181
Hillsborough, NC 27278
mharvey@orangecountync.gov
Re: July 19, 2017 Educational Workshop Event
Mr. Harvey:
I am writing to provide information regarding the educational workshop event held at Wild
Flora Farm on Wednesday, July 19, 2017 from approximately 6:30pm to 9:30pm.
My understanding is that this event was organized by Mayne Pharma US based in Raleigh,
NC, and Wild Flora Farm was specifically selected because they wanted to provide their
attendees with an experiential education outing on a North Carolina farm.
Approximately forty guests arrived at or around 6:30pm by shuttle. Mrs. Brewer lead farm
tours to the apiary and around the flower fields in groups of about ten until a light, catered
dinner was served at or around 8:00pm. During dinner, Mrs. Brewer gave presentations to
each table on bees and the observational bee hive installed in the barn wall. Counting time
for Q&A and honey tastings, she spent between 10-20 minutes with each table.
In addition to learning about the various ornamental flowers grown on the farm, guests were
able to enjoy their beauty during dinner as decorative arrangements were provided by Wild
Flora Farms at each table. Those arrangements were comprised of flowers grown right
there on the farm, except for the dahlias. The dahlias at Wild Flora Farm had not yet
bloomed, so they were sourced from another local farm about five miles away.
The guests left by shuttle, which had departed the property by 9:45pm. Caterers and
support staff were gone shortly after 10:00pm.
I have included several imaged from the event in support of this letter response:
176 of 200
M. Harvey Letter, Page 2
Guests at the July 19, 2017 educational workshop learned about beekeeping and local
flower farming. Per the BOA’s April 4, 2017 Order, such activities are exempt from zoning
compliance.
Please contact me at your convenience if yo u have any questions or need any additional
information.
Yours truly,
Andrew J. Petesch
enclosures
cc: James Bryan, Assistant County Attorney (by email)
Kara Brewer (by email)
177 of 200
Petesch Law
127 W. Hargett St., Ste 500 Raleigh, NC 27601
T: 919-747-8611 F: 888-848-9605
E: andy@peteschlaw.com
VIA EMAIL
June 27, 2017
Michael Harvey
Current Planning Supervisor
Orange County
P.O. Box 8181
Hillsborough, NC 27278
mharvey@orangecountync.gov
Re: June 24, 2017 Educational Workshop Event
Mr. Harvey:
I am writing to provide information regarding the educational workshop event held at Wild Flora
Farm on June 24, 2017 from approximately 12:00pm to 2:00pm.
The event featured a book launch by a local writer as an anchor to host a variety of educational
workshops conducted by Wild Flora Farm staff , including:
o Bee Education Learning Center – offered honey tastings, unveiling of the Farm’s
observational hive installed in the barn, lessons on the internal functioning of the
hive, and pollinator garden walks. It is notable that last week was National
Pollinator Week (http://pollinator.org/pollinatorweek).
o Floral Corsage Making – using flowers and greenery from Wild Flora Farm’s
fields as well as another local flower farm, participants learned about local flower
identification and flower arranging.
o Sempervivum (Succulent) Potting Station – succulents are especially fun for kids
to grow, as they produce many offsets that can be easily replanted.
The book itself is deeply connected to agriculture. Titled Cultivate What Matters, the book is
[w]ritten as part encouragement anthem and part practical guide, Cultivate offers
wisdom from God’s Word alongside lessons Lara has learned in her garden.
Woven throughout is her personal story that helps release readers from the
pressure to achieve and gives them freedom to move from planning to planting a
meaningful legacy. “It’s in the imperfect —the mess of the dirt—that good things
grow,” Casey reminds readers. “Peonies grow through the dirt, and so do we.”
Readers will learn to embrace the season they’re in, finding balance as they
interact in fresh ways with their current life scenarios, with God, and in the
communities where they are planted.
https://smile.amazon.com/Cultivate-Grace-Filled-Guide-Growing-Intentional-
ebook/dp/B01CXE9L8W/ref=sr_1_1?ie=UTF8&qid=1498586327&sr=8-
1&keywords=cultivate+what+matters
178 of 200
M. Harvey Letter, Page 2
Lara Casey authored a motivational/live-your-best-life book strongly rooted in faith, which uses
gardening as the main theme throughout the book. While Lara Casey is also founder of
Southern Weddings Magazine, weddings were not a focus or formal part of the event in any
way. Her staff thought Wild Flora Farm would be the perfect place to host the book launch
because of the Farm’s ability to provide educational workshops and create learning centers for
attendees (including the many kids in attendanc e).
Combining a book that connects lessons learned from gardening and growing plants to life
strategies with the Wild Flora Farm ’s agricultural activities provided an enriching and
educational experience for the attendees. Approximately 50-60 people, including staff, were
present.
Lemonade and Italian ice were provided. A musician played acoustic guitar inside the barn for
approximately one hour during the event. Decorative flower arrangements used at the event
were provided by Wild Flora Farms.
Please contact me at your convenience if you have any questions or need any additional
information.
Yours truly,
Andrew J. Petesch
enclosures
cc: James Bryan, Assistant County Attorney (by email)
Kara Brewer (by email)
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DRAFT June 12, 2017
1
MINUTES 1
BOARD OF ADJUSTMENT 2
JUNE 12, 2017 3
REGULAR MEETING 4
5
MEMBERS PRESENT: Karen Barrows (Vice Chair) 6
Matt Hughes 7
Barry Katz 8
Susan Halkiotis 9
10
* MEMBERS RECUSED FOR CONFLICT OF INTEREST: SAMANTHA CABE (CHAIR) 11
12
STAFF PRESENT: Michael Harvey, Current Planning Supervisor 13
Elaina Cheek, Board Secretary 14
15
AGENDA ITEM 1: CALL TO ORDER 16
17
Karen Barrows called the meeting to order 18
19
AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 20
21
Matt Hughes: Well the only additions I just wanted two things I would like to have Michael update us on 22
which is the lawsuit that was filed and also this legislation which a county commissioner had sent to me last 23
week and I have had the opportunity to read it. But what the impact was and my understanding was it 24
would give some people a path and change some of the criteria that might more easily attainable and also I 25
had a question about Chair and Vice Chair and when we pick those. I was never clear on the term of our 26
leadership of the board was. 27
28
Michael Harvey: If it pleases the board I can answer these 3 question very quickly. So let’s answer the last 29
question first. Board Chair and Vice-Chair, We will be selecting Board Chair and Vice-Chair at the next 30
meeting it is typically is done in June and serves for a year. Given the fact that we don’t have full 31
compliments it would be best if we wait until the next regular meeting. Which at this juncture, no I don’t 32
know when that is going to be. My best guess is August or September and that is where you all would elect 33
to appoint a new Chair and Vice-Chair. You do have a full board at this juncture. Dr. Katz was reappointed 34
and then two alternates have been appointed. Both attorneys. 35
36
Matt Hughes: Was I ever upgraded to a full member 37
38
Michael Harvey: Yes 39
40
Matt Hughes: Okay 41
42
Michael Harvey: You now have full status. The lawsuit, there are two separate appeals. One is over the 43
November decision made by this board and one is over the March decision. The attorney for Ms. Brewer 44
decided not to combine both cases. So they are being processed independently from one another. 45
46
Matt Hughes: But the same property. 47
48
195 of 200
DRAFT June 12, 2017
2
Michael Harvey: Yes. Your original November decision and then the March decision have both been 1
appealed. There is no timeline for when that gets calendared that is up to all parties that is Ms. Brown, Mr. 2
Petesch and of course the judge. The County Attorney’s office is obviously coordinating with Ms. Brown the 3
defense the Boards action. 4
5
Matt Hughes: And because we are the ones being sued, will there be outside counsel? 6
7
Michael Harvey: Appealed. 8
9
Matt Hughes: Appealed, sorry. Will there be outside counsel? I can’t remember how you said that would 10
work when one of our things was appealed to superior court. 11
12
Michael Harvey: I haven’t been given the impression it is going to be outside counsel. Obviously, Ms. 13
Petesch is appealing the decision for his client. Ms. Brown and the County Attorney’s office are going to be 14
defending the board’s action. So it is a joint effort amongst both parties. 15
16
Matt Hughes: Okay 17
18
Michael Harvey: Ms. Brown, obviously has an interest in the stake of defending the decision this board and 19
those in its favor. 20
21
Matt Hughes: Both times 22
23
Michael Harvey: Yes, but no there is no timeline to give you. 24
25
Matt Hughes: Okay 26
27
Michael Harvey: A direct answer to that. 28
29
Matt Hughes: And is it proper/improper that once that is calendared, if we attend in the audience. 30
31
Michael Harvey: Nothing is improper it is a public hearing. Well sorry, that is not true it is an open preceding 32
in court. 33
34
Matt Hughes: Okay 35
36
Barry Katz: Will that be here in Orange County? 37
38
Michael Harvey: It will in Orange County Superior Court, yes sir. We can keep you abreast of the findings. 39
40
Barry Katz: Yeah, that would be nice. 41
42
Michael Harvey: But it is an open preceding, meaning the public can attend. I would defer to the county 43
attorney’s advice in terms in giving you input on attendance or non-attendance. The issue I have whether, 44
one main concern I have, which may be unfounded is that if there is a certain number of you that 45
constitutes a quorum of the Board of Adjustment. It could be argued that is now a meeting. 46
47
Matt Hughes: It would just take three of us. 48
49
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DRAFT June 12, 2017
3
Barry Katz: Even if we don’t sit next to each other. 1
2
Michael Harvey: Yes. So, why don’t you let me ask the county attorney his/her opinion and I will respond to 3
you in an email with that answer. As far as the legislation, which we have been discussing offline briefly, 4
there is a senate bill that passed second and third reading today that has been forwarded to the house. It is 5
the farm act of 2017 that seeks to modify one of the many provisions it does is modify the grant of power 6
section 153.A.340.B2 on what constitutes a farm. As you currently will recall from several meetings there 7
are currently 5 methodologies for proving farm status. That is enrollment present use value, that is the 8
sales tax exemption issued by the North Carolina Department of Revenue, that is a USDA farm number, 9
that is a forest management plan, and that is a schedule F on your Federal Income Tax. The proposal that 10
was reviewed by the senate eliminates the US Department of Ag. Farm number as one of the 11
methodologies to prove your farm status. It further stipulates that if you are going engage in agrotourism 12
activities, you either a) have to have a certificate issued by the North Carolina Department of Revenue 13
claiming you are exempt from sales tax or you are enrolled in the Present Use Value program one of the 14
two. Schedule F Federal Income Tax return and the Forrest Management Plan have no basis in law and if 15
this is approved in giving you ability to have an agrotourism activity. Again, assuming this is approved. 16
17
Matt Hughes: In your opinion, are those two easier or harder than the current system? 18
19
Michael Harvey: Well the current system, which we can somewhat to agree to disagree, potentially would 20
say that if you are a farm you can do agrotourism activities defined 106581.1.The current or the proposed 21
system actually requires you comply with the two provisions actually are geared towards you as a farmer 22
proving you have a certain amount of income to qualify. So present use value tracks over a several year/3 23
year period earning a specific set dollar amount and the sales tax exemption also has criteria for earnings 24
and what not. 25
26
Matt Hughes: So someone reading of that could mean that the only way you could engage in agrotourism is 27
to have functioning farm for a certain number of years. 28
29
Michael Harvey: Within a structure, correct and that it says that if you are doing agrotourism within a 30
building or structure. 31
32
Matt Hughes: You have actually get it up and running before, cart before the horse basically. Get it up and 33
running and then. 34
35
Michael Harvey: Yes. 36
37
Matt Hughes: Alright 38
39
Michael Harvey: In theory and the reason I say it that was is because the provision that is being amended 40
makes specific reference to a building or structure. And the reason I am harping on that is because there is 41
apart of me that ask the question Okay, what if I am not using a building or structure? 42
43
Matt Hughes: I believe legislator that put this forward is from Bladen County. 44
45
Michael Harvey: Well he represents Duplin County and other eastern North Carolina communities. If I am 46
not mistaken his bio for the state senate website list, I think it list him as being a farmer an agrotourism 47
business function. 48
49
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DRAFT June 12, 2017
4
Matt Hughes: Senator Brett I believe 1
2
Michael Harvey: Jackson 3
4
Matt Hughes: Jackson. Nevermind 5
6
Susan Halkiotis: So I am kind of confused as to how that necessarily makes it an easier path. 7
8
Michael Harvey: Well it makes it easier for me because it is definable, it is discernible. 9
10
Susan Halkiotis: For you, yes but in this other case it sounds more like what we were discussing among 11
ourselves. 12
13
Michael Harvey: It’s not a discernible/definable process if you are going to claim that a structure is going to 14
be used for agrotoruism activities and it is measureable. Now whether or not a “farmer” has these two 15
components or doesn’t, you are still going to have the disagreement in my mind whether or not they are 16
true farmers. And I need to leave that where that is. 17
18
Susan Halkiotis: I wish you wouldn’t 19
20
Karen Barrows: This is a public meeting 21
22
Barry Katz: If these are measureable and definable traits, Does that mean there would be no more Special 23
Use Permits? 24
25
Michael Harvey: My answer to that question is, if you meet the criteria under state law then I can’t compel 26
you to get a Special Use Permit. If you do not meet the requirements of state law, then the only to do it 27
using a structure is to get a Special Use Permit. I still maintain, and I don’t want to call it a loop pole that is 28
not necessarily fair, but I still maintain that the way it is worded if you are a farm using any of the four 29
criteria this doesn’t prohibit you from engaging in agrotourism activities as laid out in 106581 or as defined 30
in 99E from a liability stand point because that is the liability component of it from engaging in agrotourism 31
activity that does not involve a structure. This makes specific reference to building or structure so we will 32
see what happens but I am of the opinion it is going to be approved. The senate passed it today 33
unanimously so it goes to the house. I have a comment after the meeting is closed. 34
35
Susan Halkiotis: We are going to hold you to that, now my interest is peeked. 36
37
Karen Barrows: Shall we proceed with approval of the minutes. 38
39
Susan Halkiotis: I had no corrections. 40
41
Karen Barrows: I had a few things I saw, Elaina you did a fabulous job. A couple, just a few things were 42
there is a little redundancy and I think it would make it easier. 43
44
Michael Harvey: Can we do it this way, I will call out page numbers? Do you have it? 45
46
Karen Barrows: I have page numbers 47
48
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Michael Harvey: Okay, I just didn’t know if anybody else had corrections we could all get it at once. Does 1
anybody else have corrections? Okay then please Karen. 2
3
Karen Barrows: Page 26, line 17 what is written there is have had had you had. I think we might want to 4
clean that up to say what we may have had in our conversation. Leave out the other have had stuff. 5
6
Michael Harvey: So we are going to strike had you had and it will read what we may have had and then I 7
think what we need to put in parenthesis is unintelligible. Because there was obviously something said. In 8
our conversation that evening that the language simply meant… Is that acceptable? 9
10
Karen Barrows: Sure. Then on page 27, line 4 LeAnn Brown testimony that that. Delete one of the that’s 11
12
Michael Harvey: That is simple enough to do. 13
14
Karen Barrows: Down to line 16, I’m not I’m not. Delete one of the I’m nots. And let me see, page 34 I think. 15
So page 34, line 23 towards the end of the line is is is. Probably delete two of those is’s. Then down to line 16
25 bonafide it has the it has the. Delete one of the it has the. Page 35, line 44 that it is it is. Maybe we could 17
delete one of the it is’s. 18
19
Michael Harvey: Okay 20
21
Karen Barrows: Page 50 Matt’s testimony, line 17 well based on well based on. Maybe we could delete one 22
of those well based on’s. I don’t think they you probably said it twice Matt. You are more articulate than 23
that. That was all I saw. Like I say fabulous job, this is incredible. 24
25
Susan Halkiotis: Fabulous job proofreading because I sat and read through those things and it is funny how 26
your eye. 27
28
Karen Barrows: Thank you Susan. 29
30
Matt Hughes: Elaina how long does it take you? I am just curious. 31
32
Elaina Cheek: We actually send these off. But it does take quite a few reviews to make it to this point. 33
34
Michael Harvey: Elaina spends a lot of time debugging what the transcriptionist provides to her. 35
36
Elaina Cheek: It takes at least 5 sets of eyes to get this product. 37
38
Matt Hughes: Because I know we do the same thing for the tourism board for Hillsborough where 39
everything is recorded. Well minutes it is not actually a transcript of what is said. 40
41
Karen Barrows: Are there any other corrections or comments? 42
43
AGENDA ITEM 3: APPROVAL OF MINUTES 44
Motion made by Barry Katz to accept these minutes. 45
46
Michael Harvey: As amended 47
48
Barry Katz: As amended 49
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6
1
Seconded by Susan Halkiotis 2
3
Karen Barrows: If there is no further discussion all in favor please say I 4
5
Vote: Unanimous 6
7
Karen Barrows: If there is nothing else of business should we adjourn. 8
9
Michael Harvey: Formal motion to adjourn 10
11
Karen Barrows: okay 12
13
Motion made by Barry Katz to adjourn the meeting. 14
15
Karen Barrows: Perfect we are adjourned 16
17
AGENDA ITEM 4: PUBLIC CHARGE NOT READ- NO PUBLIC IN ATTENDANCE 18 19
AGENDA ITEM 5: THERE ARE NO CASES TO BE HEARD 20
21
AGENDA ITEM 6: ADJOURNMENT 22
23 MOTION made by Barry Katz. 24
Susan Halkiotis seconded. 25 VOTE: Unanimous 26
27 28 _________________________________________ 29
NAME OF CHAIR, CHAIR30
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