Loading...
HomeMy WebLinkAboutBOA agenda 050718 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 WHITTED MEETING FACILITY 300 West Tryon Street HILLSBOROUGH, NORTH CAROLINA May 7, 2018 7:00 p.m. No. Page(s) Agenda Item 1. CALL TO ORDER 2. CONSIDERATION OF ADDITIONS TO AGENDA 3. APPROVAL OF MINUTES • April 16, 2018 4. PUBLIC CHARGE: The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken by the board are based solely on competent, substantial, and material evidence presented during a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. No. Page(s) Agenda Item 5. CASES: A. A-3-18 – Public Hearing to begin 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. Review of this item at the May 7, 2018 meeting shall be limited to the Board reviewing/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 DRAFT 4/16/18 MINUTES 1 MINUTES 1 BOARD OF ADJUSTMENT 2 April 16, 2018 3 REGULAR MEETING 4 5 MEMBERS PRESENT: Samantha Cabe, Chair 6 Matt Hughes 7 Susan Halkiotis 8 Randy Herman (Alternate) 9 Holly Safi (Alternate) 10 11 MEMBERS ABSENT: Karen Barrows, Vice Chair 12 Barry Katz 13 14 STAFF PRESENT: Michael Harvey, Current Planning Supervisor 15 Patrick Mallett, Planner II 16 James Bryan, Staff Attorney 17 Elaina Cheek, Board Secretary 18 19 20 AGENDA ITEM 1: CALL TO ORDER 21 22 Samantha Cabe called the meeting to order at 7:30 p.m. 23 24 25 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 26 27 There was none. 28 29 30 AGENDA ITEM 3: APPROVAL OF MINUTES – June 12, 2017, and Jan. 8, 2018 31 32 MOTION made by Susan Halkiotis to approve the June 12, 2017, minutes as submitted. Matt Hughes 33 seconded. 34 VOTE: Unanimous 35 36 Samantha Cabe: Does any member have any comment or discussion about the Jan. 8, 2018, minutes? 37 38 Susan Halkiotis: On Page 20, Line 537, I wasn’t sure what the motion was. 39 40 Michael Harvey: It should read motion by Karen Barrows, seconded by Susan Halkiotis. The motion was to 41 properly reflect who was the legal owner of the property and who the applicant was. 42 43 Randy Herman: The motion was to strike the address that she thought was inaccurate. 44 45 Michael Harvey: Yes, we can correct that. The motion can be to approve the minutes with the correction on 46 Page 20, Line 537. 47 48 DRAFT 4/16/18 MINUTES 2 MOTION made by Holly Safi to approve the Jan. 8, 2018, minutes with the correction. Randy Herman 49 seconded. 50 VOTE: Unanimous 51 52 53 AGENDA ITEM 4: PUBLIC CHARGE 54 55 Matt Hughes read the public charge. 56 57 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to 58 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any 59 time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the 60 offending person to leave the meeting until that individual regains personal control. Should decorum fail to be 61 restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is 62 observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or 63 set to silent/vibrate. 64 65 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions 66 of local regulations and State law to perform specified functions essential to the County’s planning program. 67 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented 68 during a previously scheduled and advertised public hearing on a specific item. As detailed within Section 69 2.12.2 of the UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: 70 ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues 71 before the Board of Adjustment. While it should be noted there is no time limit on the presentation of 72 evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of 73 procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 74 75 76 AGENDA ITEM 5: CASE A-2-18 – Public Hearing to review a Class B Special 77 Use Permit application concerning the expansion of an existing child care 78 facility at 200 David Road, Hillsborough, NC 27278 (PIN 9862-10-1791 and 79 9748-99-7320). The property, located within the Chapel Hill Township of 80 Orange County, is owned by the Hillsborough United Church of Christ. 81 82 Samantha Cabe : At this time, we will proceed with a public hearing to review a Class B Special Use 83 Permit application concerning the expansion of an existing child care facility at 200 David Road, 84 Hillsborough, NC 27278. 85 86 Patrick Mallett: Good evening. Patrick Mallett, current planning. We’ll need to grab that book and get 87 everyone sworn in. 88 89 Samantha Cabe: At this time, we are going to swear in every person who wants to testify in this hearing. 90 Because this board bases its decisions on relevant and competent evidence, we need to have all testimony 91 under oath. So, any person who wants to be heard, come and be sworn in at this time. 92 93 Michael Harvey swore in those who wished to testify. 94 95 Michael Harvey: When you come to testify, state your name, purpose of speaking (applicant, expert) and 96 that you’ve been sworn in. 97 98 DRAFT 4/16/18 MINUTES 3 Patrick Mallet: You’ll see in your packets, starting on Page 38, the normal abstract that is prepared for a 99 case like this, Class B Special Use Permit for a child care facility. I’m going to go through these briefly and 100 then I’ve got some additional items to hand out to go with the packet. Starting on Page 46, you’ve got your 101 site assessment, which gives you an overview of the property. Starting on Page 47, you’ve got your 102 application package. Attachment 3 on Page 62 has notification materials. Staff comments start with 103 Attachment 4 on Page 70. And then we have our Findings of Fact, prepared for each Special Use Permit 104 Class B, starting on Page 80. And the existing Special Use Permit on Page 89. The church was opened in 105 the 90s. The daycare facility in 2005…when was the original daycare opened? 106 107 Dan Rockaway: This the third daycare. The original daycare opened in 2000. 108 109 Patrick Mallett: There has been a daycare in operation here for quite some time. The current operator is 110 Sounds and Colors and they are essentially seeking to expand the number of children from 55 to 80. Part 111 of the expansion is the building and the existing play area. 112 113 Patrick Mallett: At the advice of the attorneys office, staff amended the certification, posted the sign, and 114 mailed out the mailings as required by the UDO. This case was cancelled due to snow. This has the new 115 dates. I’ll pass this out to amend the packet. I also have a page that amends the Findings of Fact with the 116 revised dates. And a copy of the notice of the public hearing. I also have enlarged copies of the basic site 117 layout. It’s the same materials as in the packet, just larger. This handout is a basic overview with some of 118 the interior. 119 120 Patrick Mallett: A brief overview. United Church of Christ is located at the intersection of Davis Road and 121 Old N.C. 86. It’s been there for quite some time. It’s a little hard to see at that intersection because it’s 122 tucked into the woods. The building to the left is the actual church. The child care facility is the building to 123 the right. This is Old N.C. 86. If you were traveling south toward Chapel Hill, just to the north is the Settler’s 124 Point development recently approved and the I-40 interchange. The facility is zoned rural buffer. It’s within 125 the Lower Eno unprotected watershed and Jordan Lake unprotected watershed. The blue line in the middle 126 signifies the break in the watershed. The church and the daycare has a state-approved septic system. It’s a 127 little bit different than your average septic system because it’s a sand-filtered lagoon. This darker area at 128 the bottom of the site, I believe, is the new portion of the septic system. The application has been reviewed, 129 as it always is, not just by planning staff but by Environmental Health, the sheriff’s office, to document 130 support of Findings of Fact. 131 132 Patrick Mallett: I’m just going to skip over to the site plan. The area in orange is the expansion to that 133 existing building. It’s a 1,200-square-foot expansion to the existing building. And then they are expanding 134 the play area, the green area alongside it. They will utilize the existing parking. They will improve the 135 handicap parking, located outside this entranceway. To a large extent, they are going to use the 80-plus 136 spaces of the church. The childcare facility operates during the weekdays. We consider it a compatible use 137 in that the church uses it on the weekends. This is putting it to full use during the weekdays. 138 139 Patrick Mallett: This is the more detailed site plan, showing you how they are going to rework the parking 140 and define it, how they are going to get their ADA compliance issues dealt with in terms of the building code 141 and the expansion area, which is essentially going to be classrooms, administrative space, and 142 multipurpose rooms, and the required play yard and fencing. Here are some schematics of the 143 improvements to the interior. More details on the interior. These are views from the south, east, you can 144 see this is the expanded area, the existing building, north, and west. And west would be facing toward the 145 existing church. 146 147 DRAFT 4/16/18 MINUTES 4 Patrick Mallett: It’s been reviewed by all the various departments and the child care facility is already 148 approved through the state system. They already have their permit and every indication that they will be 149 able to support the expansion. The state has reviewed their septic permits. There is indication that their 150 gallons per day works out mathematically to support their request. 151 152 Patrick Mallett: The applicant has agreed to pay attention to any land disturbance. This is not above the 153 threshold that would require a stormwater or erosion control permit. To a large extent, they are using the 154 existing building and existing parking so there is very little land disturbance. Any area cleared out for the 155 play area, in terms of significant trees removed, would be replaced to be sure the landscape ordinance is 156 met. I think with that I’ll stop and see if you have any questions. Or we can enter the testimony into the 157 record. 158 159 Randy Herman: I have a question. Is there not an outdoor play area at the existing facility? 160 161 Patrick Mallett: I believe there is. They are required to have one. 162 163 Dan Rockaway: My wife and I own the school, the business. I’m a co-applicant with the church. You have 164 to have 100 square feet per child for outdoor playground area. Right now we have three playgrounds, one 165 off of each classroom. For simplicity and to meet regulations, we wanted to add one off of this building. 166 167 Patrick Mallett: We’ll go to the applicant. 168 169 Michael Harvey: Before we go to applicant testimony, I’d like to request that the board incorporate staff’s 170 abstract, including all attachments, as corrected this evening with replacement pages 62, 63, and 64, with 171 updated notification of this meeting, the notices to all property owners within 1,000 feet, a copy of the 172 notice, certification from Mr. Mallett that the sign was posted, certification that the legal ad was properly 173 placed in two papers, in this instance, of local circulation, and the revised Page 81 providing detail as part 174 of deliberation. It would be nice to have a motion to enter staff’s abstract packet as amended into the 175 record. 176 177 Samantha Cabe: Do I have a motion to incorporate the abstract packet as amended with the supplemental 178 materials tonight? 179 180 MOTION made by Randy Herman to incorporate the abstract packet as amended with the supplemental 181 materials. Matt Hughes seconded. 182 VOTE: Unanimous 183 184 Dan Rockaway: I just want to give you a little history about us. My wife is sitting to your right, Martha 185 Rockaway. We opened this school 7 years ago. Before us, The Little School was there. And before them, 186 Pinewoods Montessori was here. It seems that the schools that have been here have been successful. 187 There is definitely a demand for this need. We started this business 7 years ago. I guess our daughter who 188 is 14 now, inspired in us a passion for early childhood education. My wife is a teacher from Colombia, 189 taught Spanish and French in Colombia, taught Spanish here. When our daughter was born, she read 190 every book she could read on early childhood education. At the time I was in school for an MBA and said 191 let’s put a business plan together and see how this goes. While watching my daughter learn Spanish, 192 English and Mandarin (when she was 2), I saw how I was struggling in my thirties, trying to learn Spanish. 193 Our school is Spanish emersion, by the way. We have been there for 7 years. That school is licensed for 58 194 children. We are asking to raise the enrollment cap to 80. About three and a half years ago, we opened up 195 a school in Cary licensed for 109. And then eight months ago we opened up one in the west side of Cary, 196 DRAFT 4/16/18 MINUTES 5 licensed for 145. I think our schools are somewhat successful because it’s Reggio inspired. It’s Spanish 197 emersion. It’s play-based. It’s project-based. It’s an emergent curriculum, so we don’t just say it’s spring, 198 let’s talk about flowers. We see what the children are interested in. We also focus on our outdoor learning 199 environment. By law, we’re required to be outside for at least one hour a day. We’re outside for two to three 200 hours a day. In Reggio inspiration, food is important. So we have a can-free kitchen. We have been pretty 201 successful in Hillsborough. We turn away around 50 families a year. Those are the ones that come for 202 tours. Others, when we say we don’t have space, don’t come for a tour. With that said, we had this 203 challenge of expanding this school from a state perspective because of the septic system. The requirement 204 is 25 gallons per day per child. We sent the state three years of data and they approved it for 15 gallons per 205 day per child. When that was approved, it opened up that we could serve more children in Hillsborough. I 206 do want to thank you all. With all the emails trying to get on this calendar today, I feel like we know you. 207 208 Jay Kennett: I’m Jay Kennett, pastor of Hillsborough United Church of Christ. As Dan said, they have been 209 there 7 years. As you heard previously, this is our third daycare to be there. Every other daycare left 210 because the space got too small for them. So, Dan and I began discussing this a few years ago and the 211 church felt it could offer to make the space larger if we could work out the water issue. It feels like a good 212 opportunity for us to have a long-term tenant and something that is good for the community as well. 213 214 Michael Harvey: Mr. Kennett, can you state for the record whether or not you have been sworn. 215 216 Jay Kennett: I have been sworn. 217 218 Dan Rockaway: I have been sworn, too. 219 220 Patrick Mallett: Attachment 5 is the Findings of Fact. These are the elements you go through page by page, 221 section by section, then go through the specific Findings of Fact that start later in the packet. Findings are 222 set out for a Class B Special Use Permit in the ordinance. Turn to Page 81, you have the application 223 components. This articulates and ticks through, where applicable, staff saying yes they have met the 224 burden. All those items in green. The notifications requirements, the date has changed because of the 225 snow date. Then you have your specific standards on Page 83. Standards for a child care facility, which are 226 very specific in the UDO, on Page 84. Then the three items that you would go through motion by motion. 227 228 Patrick Mallett: On Page 87, we have our recommendation. With that, it has several conditions of approval. 229 If you choose to approve the Special Use Permit, we ask you to consider adding in the conditions itemized 230 1 through 5 on Page 87 and 6 and 7 on Page 88, if you are so inclined. 231 232 Patrick Mallett: Most of the conditions of approval are fairly standard for this type of use. There is 233 acknowledgement of the additional items and permits that have to occur. This is the first step, the opening 234 of the gate, allowing the expansion. The next step would be a site plan approved with zoning compliance by 235 all the same departments. Then a building permit’s approved. And document for the state the expanded 236 number of children allowed and the septic system. One last thing is they would be working with NCDOT to 237 review the driveway permits to make sure it is safe. There is one driveway that is close to the intersection of 238 Davis Road and Old 86. 239 240 Samantha Cabe: Does the board have any questions for Mr. Mallett or the applicants? 241 242 Susan Halkiotis. I don’t have a question. The application was well put together. It was very clear and I 243 appreciate the comments. I do have a comment about the letter that was sent out April 10 by Mr. Kennett. 244 When I read that, I thought if only everybody would approach a project with willingness to let people know 245 DRAFT 4/16/18 MINUTES 6 what’s going on and to welcome comment, I wonder how many contentious cases – one particular 246 contentious case – that could be avoided. 247 248 Jay Kennett: We want to be a good neighbor to our neighbors. As soon as we started to talk about it, that 249 was one of the first components, how do we welcome the neighborhood. We invited people to come see 250 the space. Although we didn’t have a lot of people come, we did have a few people call me on the phone. It 251 was good to talk with them and everything was really positive. 252 253 Susan Halkiotis: I found that to be refreshing. 254 255 Patrick Mallett: Because of that effort, we didn’t have anyone at the information meeting or any calls. They 256 solved that information before the process began. 257 258 Randy Herman: You don’t anticipate issues of parking or people backing up on Davis Road? 259 260 Dan Rockaway: They pull in and it’s a long driveway in front of the church. No one backs out on Davis 261 Road. They turn around. Because we’re adding 22 children, it’s probably 16ish cars because there are 262 siblings. If there was ever an issue, we can always expand drop-off times. 263 264 Jay Kennett: Sounds and Colors has a little more spread out drop-off and pick-up times so there is not 265 nearly as much traffic as the other daycare that was there where everyone was dropping off and picking up 266 at the same time. There is definitely a time between 5 and 6 p.m. when most people are picking up, but it’s 267 more spread out on the other end. We have two driveways. Previously, the other daycare came in one 268 driveway and went out the other. And that could be an option. 269 270 Patrick Mallett: (showed on site plan overview) This one is more of a horseshoe through the site that goes 271 past the church. You could theoretically drop a kid off here or park and walk over. Also, there is an effort to 272 redefine the parking in here (indicated on site plan overview). Not to get too much into the technical aspects 273 of that, but it’s difficult to meet ADA compliance because of the pitch of the sidewalk, the route from the 274 vehicle to the doorway and through the doorway. I think they’ve solved that element, at least in my 275 conversations with James Baxter with inspections. 276 277 Matt Hughes: Am I reading this chart right that you are also adding spaces up here? 278 279 Jay Kennett: It’s just a little bit more defined than they are right now. The spaces are already down there. 280 281 Patrick Mallett: They will be marked. Right now it’s an undefined space. 282 283 Dan Rockaway: Everyone pulls straight down at the bottom. Every now and then we’ll have a visitor who 284 pulls in sideways. That’s probably twice a year. 285 286 Samantha Cabe: Is there any other person who wishes to give testimony or to be heard? Any other 287 witnesses? (There were none.) Is this the point where we close the public hearing? 288 289 Michael Harvey: Yes. You can have a motion to close the public hearing and I’ll reiterate that before you 290 enter your deliberations and close the public hearing, obviously staff and the applicant can’t answer any 291 questions. The attorney’s office can provide you direction as it relates to interpretation of the law and 292 implementation of the ordinance. And while Patrick Mallett has already covered this, I am going to make the 293 explicit statement for the record that staff has received no documentation, evidence, or any testimony from 294 DRAFT 4/16/18 MINUTES 7 anybody indicating that the applicant has not met their burden as defined in the ordinance with respect to 295 specific criteria for establishing a daycare or the general findings of fact in Section 5.3.2A. 296 297 Matt Hughes: I do have one question. This is my first and last case where this occurred, but is the applicant 298 also required to adhere to the conditions imposed by the Special Use Permit in July 2015? 299 300 Michael Harvey and Patrick Mallett: Yes. 301 302 Matt Hughes: So we don’t need to touch on existing vegetation being maintained or anything else. Those 303 conditions are still applicable. 304 305 Michael Harvey: Those conditions are still applicable. All you are approving, as Mr. Mallett has pointed out 306 and the abstract has pointed out, is a modification to allow that expansion to happen. All those original 307 conditions are still applicable. 308 309 Samantha Cabe: Does anyone have any questions for the applicant or staff? Do I have a motion to close 310 the public hearing and begin deliberation? 311 312 MOTION made by Matt Hughes to close the public hearing. Susan Halkiotis seconded. 313 VOTE: Unanimous 314 315 Samantha Cabe: At this time, we will begin going through the abstract and the required findings, one 316 section at a time. With regard to the application component, do I have a motion that we adopt staff’s 317 recommendations on that section on Page 81 (it’s the green section)? 318 319 DRAFT 4/16/18 MINUTES 8 320 321 MOTION made by Susan Halkiotis to adopt staff’s recommendation with regard to application components 322 on Page 81, the green section. Randy Herman seconded. 323 VOTE: Unanimous 324 325 Samantha Cabe: With regard to notification requirements, which are stated on the bottom of Page 81 and 326 carry over to Page 82, in the orange or pink section. Do I have a motion to adopt staff’s findings with regard 327 to notification requirements? 328 329 330 331 332 MOTION made by Randy Herman moved to adopt the notification requirements on the bottom of Page 81 333 and carrying over to Page 82, the orange or pink section. Susan Halkiotis seconded. 334 VOTE: Unanimous 335 336 Samantha Cabe: On Page 83, with regard to specific standards showing in pink with regard to waste 337 disposal, safety and vehicle access. Do I have a motion regarding staff’s findings for these specific 338 standards? 339 340 DRAFT 4/16/18 MINUTES 9 341 MOTION made by Randy Herman moved to adopt those specific standards. Holly Safi seconded. 342 VOTE: Unanimous 343 344 Samantha Cabe: Page 84, with regard to specific standards for a child care facility including the site plan 345 and standards for evaluation, do I have a motion to approve staff recommendations with regard to these 346 specific standards on Page 84? 347 348 349 MOTION made by Holly Safi to adopt those specific standards. Susan Halkiotis seconded. 350 VOTE: Unanimous 351 352 Samantha Cabe: On Page 85 and carrying over to Page 86, these are our specific findings that while the 353 staff has made recommendations, we must make findings ourselves. The first being that building will or will 354 not maintain or promote the public health, safety and general welfare if located where proposed and 355 developed and operated according to the plan as submitted. And again, this is the expansion of the current 356 building and subject to the previously issued Special Use Permit. Does anyone have a motion? 357 358 359 DRAFT 4/16/18 MINUTES 10 360 MOTION made by Susan Halkiotis that the building will maintain or promote public health, safety and 361 general welfare. Randy Herman seconded. 362 VOTE: Unanimous 363 364 Samantha Cabe: With regard to Finding 2, we must find that either the use will or will not maintain or 365 enhance the value of contiguous property. Do I have a motion that based on the application submitted, that 366 the proposed use will maintain or enhance the value of contiguous property? 367 368 369 Randy Herman: Can I make a comment on this? 370 371 Samantha Cabe: You may. 372 373 Randy Herman: The letter that was in there from the commercial realtor, it seemed to be a summary and 374 not supported. But I think the application was sufficient and there was not testimony against the idea that it 375 will maintain or enhance the value of contiguous property. 376 377 MOTION made by Randy Herman that the use will enhance or maintain the value of contiguous property. 378 Holly Safi seconded. 379 VOTE: Unanimous 380 381 Samantha Cabe: Finally, the last finding. This board must determine that the location and the charcter of 382 the use, if developed according to the plan submitted, will or will not be in harmony with the area in which it 383 is to be located and the use is in compliance with the plan for the physical development of the County as 384 embodied in these regulations. Do I have a motion that the location and character of the use, if developed 385 according to the plan submitted, will be in harmony with the area? 386 387 DRAFT 4/16/18 MINUTES 11 388 389 MOTION made by Randy Herman that the location and character of use will be in harmony with the area in 390 which it is to be located. Susan Halkiotis seconded. 391 VOTE: Unanimous 392 393 James Bryan: Two more things. The conditions and approve the permit. 394 395 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: DRAFT 4/16/18 MINUTES 12 The Board voted unanimously to issue the requested Special Use Permit with the 396 imposition of the following condition(s): 397 1. In accordance with the provision(s) of Section(s) 5.2.1 Table of Permitted Uses 398 and 5.8.2 Child Care facility of the UDO, activities allowed to occur on the 399 property shall be in accordance with the submitted application package and 400 narrative as approved by the Orange County Board of Adjustment on March 12, 401 2018. 402 2. In accordance with the provision(s) Section 5.8.2 Child Care Facility, and 403 consistent with the submitted application package, site plan, and narrative as 404 approved by the Orange County Board of Adjustment on March 12, 2018, all 405 existing and required buffers per Section 6.8 shall be maintained and/or 406 enhanced. Any landscape materials removed shall be replaced with comparable 407 materials. Existing vegetation shall be preserved within this buffer in perpetuity 408 except for the removal of vegetation necessary to allow for the installation of 409 driveways, public and/or private utilities, ponds, erosion control and stormwater 410 measures and/or devices. 411 3. For general welfare as required in 5.3.2 (B) (2) and to ensure the proposed use is 412 in harmony with the general area as required in Section 5.3.2 (A) (2) (c) of the 413 UDO, no additional freestanding lighting shall be permitted for the Child Care 414 Facility. 415 4. For public safety as required in 5.3.2 (B) (2) of the UDO, the Orange County Fire 416 Marshal shall review and approve the final site plan, including construction of any 417 and all required fire suppression ponds/facilities, prior to the commencement of 418 earth disturbing activities. 419 5. Per Section 2.5 of the UDO the applicant shall obtain all necessary and 420 applicable permits from the County associated with the development of the 421 property consistent with the approved Special Use Permit, including but not 422 limited to: 423 a. Building/ Solid Waste Management Permit, 424 b. Environmental Health Permit, 425 c. Erosion Control Management Permit, 426 d. Stormwater Permit, and 427 e. Zoning Compliance Permit. 428 6. In accordance with the provisions of Section 2.7.12 (C) of the UDO, if any 429 condition of this Special Use Permit shall be held invalid or void, then this Special 430 Use Permit shall be void in its entirety and of no effect. 431 7. In accordance with the provisions of Section 2.7.12 (D) of the UDO, the Special 432 Use Permit will automatically expire within 12 months from the date of approval if 433 the use has not commenced or construction has not commenced or proceeded 434 unless a timely application for extension of this time limit is approved by the 435 Board of Adjustment. 436 437 MOTION made by Matt Hughes to take staff’s recommendations regarding the conditions regarding the 438 applicant’s Special Use Permit with two changes: staff’s information said as approved on March 12 and that 439 DRAFT 4/16/18 MINUTES 13 we obviously update that to April 16 in the first paragraph as well as the third line in the second paragraph. 440 Susan Halkiotis seconded. 441 VOTE: Unanimous 442 443 Samantha Cabe: And finally, do I have a motion to approve or deny the application for the Special Use 444 Permit modification? 445 446 MOTION made by Holly Safi to approve the application for the Special Use Permit modification. Randy 447 Herman seconded. 448 VOTE: Unanimous 449 450 Samantha Cabe: Is there any further business of the board? Do I have a motion of to adjourn? 451 452 Micahel Harvey: We have obviously a hearing pending. Not sure of date yet. On appeal of The Barn at 453 Chapel Hill. Mr. Hughes will not be joining us. Chair Cabe has to recuse herself. And Safi has to recuse 454 herself as well. We are suggesting that hearing begin at 7 pm. We had selected May 7, but we hear that 455 may not be possible for the applicant as well as guaranteeing we have a quorum. If board members are 456 amenable, we will hold that meeting at 7 p.m. It will be at the Whitted building. 457 458 Samantha Cabe: Prior to the adjournment, would you like this board to take a vote on the time and location 459 of the meeting. 460 461 Michael Harvey: Yes. With date determined by those who will be in attendance. 462 463 MOTION made by Randy Herman to move the next meeting to 7 p.m. at the Whitted building on a date to 464 be determined and voted upon by email. Susan Halkiotis seconded. 465 VOTE: Unanimous 466 467 468 Michael Harvey: Also to remind those board members who will be at that meeting. The hearing is likely to 469 be filmed or videotaped. We are meeting with Board of Commissioners the modifications to the operations 470 of the Board of Adjustment as it relates to the documentation of your future hearings, whether it be posting 471 meeting audio, live streaming video or videotaping the hearing and then posting to the website. 472 473 Samantha Cabe: What is the time of that meeting tomorrow? 474 475 Michael Harvey: It’s the regular BOC meeting at 7 p.m. at the Southern Human Services building in Chapel 476 Hill. 477 478 Susan Halkiotis: For the next meeting, it will be Randy Herman, me, Karen Barrows and Mr. Katz? 479 480 Michael Harvey: We are going to be informing the board, and the board chair knows, that Mr. Hughes has 481 decided to leave us, regrettably. But we wish him well on his new venture with the Town of Hillsborough. 482 And we will be asking for Mr. Herman, senior alternate, to be moved up, and another alternate to be 483 appointed and Safi moved up to senior alternate. Our goal is to have five members. 484 485 Randy Herman: That would be difficult to arrange by the time of the next meeting. 486 487 Samantha Cabe: Any further discussion? 488 489 DRAFT 4/16/18 MINUTES 14 490 AGENDA ITEM 5: ADJOURNMENT 491 492 MOTION by Matt Hughes to adjourn at 8:20 p.m. Seconded by Randy Herman. 493 494 VOTE: UNANIMOUS 495 496 497 _________________________________________ 498 NAME OF CHAIR, CHAIR499 DRAFT OC Board of Adjustment – 11/9/15 Page 1 of 15 1 ORANGE COUNTY BOARD OF ADJUSTMENT AGENDA ITEM ABSTRACT CASE A-1-17 Meeting Date: May 7, 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. Joint Correspondence Concerning Review of Subpoena Request 3. Excerpt of Session Law 2017-108 Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To convene a hearing to begin review of an appeal application (Attachment 1) concerning an October 13, 2017 determination made by the Planning Director. Attorneys for the applicants and impacted property owner have filled a joint request (Attachment 2) asking the Board to first review issue(s) associated with the denial of subpoena requests by Vice-chair Barrows. The full Board is being asked by the applicant to issue the requested subpoena. 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 3. On October 12, 2017 staff received a request 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. After consulting with Mr. John Roberts of 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 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). A copy of this determination is contained within Attachment 1. As 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 1 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. As requested by the attorneys for both parties, the purpose of the meeting is to allow the testimony on the issuance or denial of a subpoena request, 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 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. 55 -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) 56 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. 57 -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) 58 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. 59 -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) 60 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. 61 -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) 62 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. 63 -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:___________________________ 64 -3- 13460\01\m\022Board of Adjustment Subpoena (Chris Brewer) 65 66 67 68 69 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 70 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 71