HomeMy WebLinkAboutBOA agenda 101419-cancelledPLANNING & 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
October 14, 2019
7:00 p.m.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF MINUTES
x January 14, 2019
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
1
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-1-19 – Quasi-Judicial Public Hearing to review a Class B SUP
request submitted by the Hollow Rock Racquet and Swim Club
located at 5100 Erwin Road (PIN 0801-13-2925) requesting to
expand their existing recreational facility.
Hollow Rock is a member-owned recreational facility offering
year-round tennis, swim, fitness, and camp activities. The facility
is split across the Durham and Orange County line, with
approximately 9 acres in Orange County’s planning jurisdiction
zoned Rural Buffer (RB) general use zoning district.
In order to expand its facility in Orange County, Hollow Rock
must meet current Orange County zoning requirements, including
obtaining a Class B Special Use Permit for a Recreational Facility.
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
2
MINUTES1
BOARD OF ADJUSTMENT2
January 14, 20193
REGULAR MEETING4
5
MEMBERS PRESENT:Samantha Cabe, Chair6
Karen Barrows, Vice Chair7
Susan Halkiotis8
Barry Katz9
Leon Myers (Alternate)10
11
MEMBERS ABSENT:Randy Herman -Excused 12
STAFFPRESENT:Patrick Mallett, Planner II13
James Bryan, Staff Attorney14
15
AGENDA ITEM 1: CALL TO ORDER16
Chair Samantha Cabe called the meeting to order at 7:06 p.m.17
18
AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA19
There was none.20
21
AGENDA ITEM 3: APPROVAL OF MINUTES – August 13, 201822
It was noted that Samantha Cabe was recused from the August 13, 2018 meeting, and Mr. Meyers did not participate in 23
the meeting, so both abstained from voting to approve the minutes.24
MOTION by Barry Katz to approve the August 13, 2018 minutes. Karen Barrows seconded.25
VOTE:UNANIMOUS26
27
AGENDA ITEM 4: PUBLIC CHARGE 28
29
Karen Barrows read the public charge.30
31
The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct 32
themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any 33
member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the 34
meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 35
until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, 36
pagers, and computers should please be turned off or set to silent/vibrate.37
38
The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 39
regulations and State law to perform specified functions essential to the County’s planning program. Action(s) taken by the 40
board are based solely on competent, substantial, and material evidence presented during a previously scheduled and 41
advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the 42
right to exclude evidence and testimony that is deemed: ‘incompetent, irrelevant, immaterial, or unduly repetitious’ and 43
therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time 44
limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established 45
policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties.46
47
48
AGENDA ITEM 5: A-5-18 – Public Hearing to review a Class B SUP request submitted by Camp 49
Chestnut Ridge and NC United Methodist Camp & Retreat Ministries, Inc. requesting to expand 50
the existing Camp/Retreat Center facilities (PINs: 9843-22-1289; 9843-13-7930; 9843-05-5036; 51
3
9833-93-5222; and 9842-49-7233) along Camp Chestnut Ridge Road, west side Chestnut Ridge 1
Church Road, and east of Mt. Willing Road. 2
3
Planner II Patrick Mallett briefly walked through the abstract and gave a basic overview of the case. The abstract4
packet consists of 400 pages which includes the abstract on the first few pages and includes six attachments which 5
contains 3 (A) (B) and (C), the notifications materials for the case. Mr. Mallet mentioned entering the entire packet with 6
the notices for this hearing into the record. He began on page 34 of the abstract and pointed out site information, 7
notes, site data, and the basic overview involving Chestnut Ridge. He then moved to page 27 of the packet to discuss 8
that Chestnut Ridge had several PINs involving 376 acres and that the collection of tracts is an Agricultural Residential 9
(AR) parcel of land with two watersheds; the Upper Eno and Cane Creek.10
11
Chair Samantha Cabe asked that it be noted into the record that her children attend camp at Chestnut Ridge. She 12
asked the public if there was anyone involved as an interested party who objected to her participation in the hearing.13
14
Patrick Mallett continued with his presentation of the abstract and mentioned that he would be happy to answer specific 15
questions regarding the abstract and its attachments. He began to review the packet attachments which included: 16
Attachment #1, the site assessment located on page 34; Attachment #2, the application package located on page 35; 17
Attachment #3 (A)(B) and (C), the identification materials for both the Public Hearing and Neighborhood Information 18
meeting which are required by the UDO located on pages 323-367; Attachment #4, staff comments located on pages 19
368-387; Attachment #5, findings of fact located on page 358; copies of two previous special use permits that were 20
recorded prior to this application; and a site plan. Mr. Mallett then reviewed the site assessment and described its 21
contents as a basic overview of the property. He explained that the site had 375 acres and was located between Mount 22
Willing Road and Chestnut Road along the east with one parcel located on Chestnut Ridge Church Road but noted that 23
the majority of the camps location could be found on Chestnut Ridge Road. A large pond located in the center of the 24
property was identified as the camp’s main feature. A collection of buildings and camp structures can be found along 25
the eastern edge of the pond which includes the dinning hall, identified as the largest of the structures; rustic cabins 26
counsel cabins; retreat areas; and pavilions. Mr. Mallett identified the blue areas as stream buffers running through the 27
site. He commented that the staff report also noted several jurisdictional wetlands located on the site along with 28
pointing out the conservation easement located to the north of the site map and identified the Camp’s community farm, 29
garden, and 4-H programming area. He asked that another item to be noted was that several dozen environmental 30
health septic systems which supported a variety of structures on the property could be located on a field found on the 31
site plan. He described the largest one as a state-approved low-pressure system going out into the field and 32
mentioned that it was reviewed four times as year by private consultants followed by the county and then the state. The 33
applicant has submitted all the required information customary for a camp-retreat facility except for the evaluation 34
materials to be submitted into the record. He invited any questions from the public or board.35
36
Samantha Cabe mentioned that Mr. Mallett had been sworn in prior to speaking to the board and public. The board will 37
accept the abstract and attachments into the record. 38
39
McAdams’s Company Principal Planner Charlie Yokley informed the public and board that he is a consultant with Camp 40
Chestnut Ridge on the subject Class (B) Special Use Permit. He explained that the purpose of the permit is to allow for 41
the expansion of capacity services and increase of offerings within the camp such as; enclosing equestrian areas, 42
dining, including a spray ground for onsite camp recreation, increasing day camp capacity yearly from 130 campers to 43
225 campers and night campers during a 9-week period over the summer from 100 to 225. Mr. Yokley mentioned that 44
the camp has been at existence at this location since 1959 and is at a point where capacity and approval wise any new 45
building triggers a new special use permit, so the camp figured while they were requesting the special use permit, why 46
not place on paper all future site desires which is currently what you are seeing before you. He stated that the site plan 47
that you see was included as part of the application and is not something that will occur overnight. While the facilities 48
on the site will increase, the site of the camp will remain mostly undisturbed and undeveloped. 49
50
4
Samantha Cabe asked what page the future site plan could be located on. Charlie Yokley informed Ms. Cabe that the 1
best plan to look at is number sheet C5, the overall site plan.2
3
Samantha Cabe asked for a page number. Patrick Mallett replied that the material packet ends on page 400 and that 4
the back end should include a reduced copy of a site plan.5
6
Charlie Yokley noted to the board and the public that the new facilities and the programming areas located on the 7
master plan were still within the areas currently used and occupied by the camp with no real outward expansion 8
towards the edges of the parcels. Working with Orange County staff through the review of the Class (B) Special Use 9
Permit, he believes the master plan as was submitted to the board is in compliance with the technical requirements of10
Orange County and the Unified Development Ordinance. He mentioned there would be no proposed new access or 11
new driveway cuts and that this would be merely to offer increased services within the camp. 12
13
Charlie Yokley mentioned that in addition to the technical requirements of the (UDO), he also mentioned the 14
requirement to show their compliance with the 3 findings of fact which are required to be met to approve a Class (B) 15
Special Use Permit. He stated that he would address two of those findings and announced that Jack Jarvis Martin a 16
certified real estate appraiser would speak to the property values question in the finding. 17
18
Mr. Yokley reviewed two findings of fact and read that: Finding 1) states that the use will maintain or promote the public 19
health, safety, and the general welfare where proposed and developed and operated according to the plans submitted. 20
He explained that Chestnut Ridge has been at this location for several years and has always tried to operate as a good 21
neighbor and will continue to do so. The use of the camp is harmonious with the environment including and up to the 22
conservation easement they dedicated to the state to prohibit any future development within some sensitive 23
environmental areas. With minimal impact to traffic, the camp has no detrimental impact on the health, safety and 24
general welfare of its neighbors or Orange County as a whole. The proposed master plan represents a modest 25
increase in capacity and will not endanger the public, health, safety or general welfare. He then read: Finding 3) states 26
that the location and character of the use if developed according to the master plan submitted will be harmonious with 27
the area designated and its use in compliance with the plan for the physical development of the county as a body of 28
these regulations or in the comprehensive plan or portion thereof adopted by the Board of Commissioners. The site’s29
proposed additions and expansions within the camp meet the requirements of the Orange County (UDO), with respect 30
to stream buffers and maximum impervious services. The proposed additions and overall use of the parcel as a camp 31
is in harmony with the area in which it’s located. To further ensure that Camp Chestnut Ridge will continue to be a 32
valuable asset to Orange County, we have agreed to ten conditions that are highlighted in the staff report to be 33
attached to the Class (B) Special Use Permit. The conditions along with the proposed development plan will ensure 34
that the camp continues to be a good neighbor into the future. 35
36
Leon Meyers asked Mr. Yokley how the ten conditions originated. Mr. Yokley responded that the condition regarding 37
the audible low-pressure alarm came from the neighborhood meeting while the others came from conversations with 38
staff as they went through the review process. 39
40
Leon Meyers asked if all the conditions were acceptable to Mr. Yokley and Camp Chestnut Ridge. Mr. Yokley said yes. 41
42
Patrick Mallett specified that the applicant had submitted signed conditions for the packet that have just the language 43
and added that the some of the conditions are typical of what you would see at a camp retreat/center. As was 44
previously mentioned, this is a long-term master plan for 20 to 30+ years. The applicants have agreed to perform a45
storm water and erosion control analysis, to update and submit site plans as they go along, and to evaluate the traffic, 46
he said. Mr. Mallett explained that as future buildings are added to the site, updates would include evaluations in terms 47
of land disturbance, erosion control, stormwater requirements, and traffic. He described it as a commitment on their 48
part to update as you go type of format.49
50
5
Leon Meyers questioned whether beginning construction under this permit, if approved, would vest the special use 1
permit. Patrick Mallett responded that the Special Use Permit is needed for the use and that any future site plans would 2
be required to follow future building codes and future (UDO) requirements.3
4
State Certified Real Estate Appraiser Jarvis Martin informed the board that he had been asked by the applicant to visit 5
the site and review proposed additions to the property. He explained the evaluation process he performed upon 6
reviewing the camp and stated his objective was to find whether there was a distinct difference between on the market7
availability, list sales ratio, and final price of properties within a one-mile radius versus a two-mile radius of the camp 8
site. He then compared his findings with an analysis from the area surrounding Camp Kanata in Wake County as this 9
was the camp most similar to Camp Chestnut Ridge. Based upon his analysis along with his knowledge and 10
experience, it is Mr. Martin’s professional opinion that the proposed improvements would not have an adverse impact to 11
the Camps’ neighbors, the value, or the marketability of surrounding properties as all proposed improvements are within 12
the boundaries of the camp. He therefore recommended the board to approve the Special Use Permit. 13
14
Leon Meyers asked Samantha Cabe if the report needed to be entered into the record. She stated, yes, and asked the 15
board if there were any objections to receiving the market report into the record.16
17
Samantha Cabe asked if the board had any discussion before reviewing findings.18
19
Karen Barrows asked for clarification on the noncompliance of the system status in the septic system report card.20
Patrick Mallett responded that Ms. Barrows was reviewing a packet of material which included all report cards for a long 21
period of time on each system. He advised that Environmental Health has said all systems are operating and 22
functioning.23
24
Karen Barrows noted the noncompliance status was dated April 18. 25
26
Samantha Cabe asked if it was April of 2018. Karen Barrows agreed.27
28
Patrick Mallet stated that his belief was that the deficiencies were addressed and that they have a valid working septic 29
permit for that system. 30
31
Charlie Yokley commented that the county regularly inspects the septic system along with a consultant who both 32
inspects and maintains the system. He believes there may have been in issue with the system which was indicated in 33
the report, but that a contractor had fixed the system and it has since then been permitted properly and is operating 34
according to the standards of the county. 35
36
Karen Barrows addressed a question from Jeff Scouten a Solid Waste Management employee about the need for more 37
dumpsters. 38
39
Patrick Mallett clarified Mr. Scouten’s question and stated that he wanted to evaluate at the time of site plan submittal 40
the dumpster scenario for the camp and the specific plans being submitted and whether there’s a need for recycling. 41
42
Director of Camp Chestnut Ridge Nick Jeffries informed the board that Republic Services currently provides weekly 43
service to two large trash dumpsters and two large recycling comingle dumpsters located behind the dining hall at 44
Camp Chestnut and stated they care a lot about that. 45
46
Samantha Cabe asked if there were any other questions. 47
48
MOTION by Leon Meyers to close the hearing and go to vote. Barry Katz seconded.49
VOTE:UNANIMOUS50
6
CLOSED SESSION1
2
Patrick Mallett specified to the board that Attachment 5 could be located on page 388 and Findings of Fact would begin 3
on page 389. He informed the board that the conditions previously discussed could be located on the back portion of 4
the Findings of Fact.5
6
Samantha Cabe began to review page 389 and began with the application components of the requirements. She 7
specified that staff recommendation was that the board find that all application components had been met. 8
9
MOTION by Barry Katz to adopt staff recommendations with regard to the application components on page 389 of the 10
findings. Karen Barrows seconded.11
VOTE:UNANIMOUS12
13
Samantha Cabe continued to the notification requirements set forth in the (UDO) and informed the board that staff has 14
found that the application had met all of the requirements. 15
16
MOTION by Leon Meyers to adopt the findings of staff. Barry Katz seconded.17
VOTE:UNANIMOUS18
19
Samantha Cabe reviewed the next section outlining specific standards with regard to waste disposal safety and vehicle 20
access as set forth by the Unified Development Ordinance. She stated the staff had found that the application had met 21
those requirements.22
23
MOTION by Susan Halkiotis to adopt the staff findings for those specific standards of waste disposal safety and vehicle 24
access. Karen Barrows seconded.25
VOTE:UNANIMOUS26
27
Samantha Cabe continued on page 390 and reviewed requirements set forth in the (UDO) regarding standards for a 28
childcare facility and its requirements for a site plan and its standards of evaluation. The staff found that the application 29
had met the requirements of those specific standards.30
31
MOTION by Susan Halkiotis to adopt the staff’s findings with regard to standards for a child-care facility pursuant to 32
section 5.8.2 of the (UDO). Barry Katz seconded.33
VOTE:UNANIMOUS34
35
36
SPECIFIC FINDINGS37
38
Samantha Cabe identified that the board would begin reviewing specific standards on page 391. 39
40
MOTION by Karen Barrows that the application and special use permit will maintain and promote the public health, 41
safety, general welfare if located where proposed and developed and operated according to the plan as summitted. 42
Leon Meyers seconded. 43
VOTE:UNANIMOUS44
45
MOTION by Leon Meyers that the use will maintain or enhance the value of contiguous property. Barry Katz seconded.46
VOTE:UNANIMOUS47
48
MOTION by Susan Halkiotis that the location and character of the use if developed according with the plans submitted 49
will be in harmony with the area in which it is to be located and use is in compliance with the plan for the physical 50
7
development of the county as embodied in these regulations or in the Comprehensive Plan or a portion thereof adopted 1
by the Board of County Commissioners. Karen Barrows seconded.2
VOTE:UNANIMOUS3
4
EVIDENTIARY FINDINGS5
6
Samantha Cabe consulted with Staff Attorney James Bryan and asked whether the board would need supporting 7
evidence upon which the finding were based upon. Mr. Bryan replied, yes, and advised that it was good idea to have 8
something on the record such as the staff’s recommendations in the findings.9
10
Samantha Cabe mentioned to the board that she had prepared notes and that other board members could combine 11
their notes with hers to prepare specific findings. She spoke regarding Finding (1) and commented that there was 12
evidence that the camp had been at the same location for several years and that no outward expansion was planned. 13
She noted all new buildings were to be constructed on the existing footprint.14
15
Leon Meyers expressed a desire to add to the documentation that the proposal complies with environmental health 16
regulations regarding the private sewage disposal systems.17
.18
MOTION by Susan Halkiotis to approve the three matters as our evidentiary findings for supporting our conclusion with 19
regard to specific standards regarding the maintenance of the public health, safety and general welfare. Leon Meyers 20
seconded.21
VOTE:UNANIMOUS22
23
Samantha Cabe referred to specific standard (2) and noted that the finding was supported by the market study 24
prepared by Jarvis Martin and reiterated that no expansion beyond the current footprint was planned. 25
26
MOTION by Barry Katz to adopt the evidentiary findings. Karen Barrow seconded.27
VOTE:UNANIMOUS28
29
Samantha Cabe spoke regarding specific standard (3) and noted that the camp had been in existence for many years 30
on the current footprint, and no outward expansion was planned. 31
32
MOTION by Susan Halkiotis to adopt the evidentiary finding in support of our determination that the location and 33
character is in harmony with the area. Leon Meyers seconded.34
VOTE:UNANIMOUS35
36
Staff Attorney James Bryan advised that section 5.8.2 of the specific standards should be corrected to say camp retreat 37
instead of child-care facility.38
39
MOTION by Leon Meyers to issue a special use permit with the correction with regards to the standards for camp 40
retreats as well as the conditions of approval set forth on pages 393 and 394. Susan Halkiotis seconded.41
VOTE:UNANIMOUS42
43
44
45
46
47
48
49
50
51
8
1
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
APPLICATION COMPONENTS
Proper forms 2.2 Application (Attachment 2)
Yes Yes
Fees paid 2.2.4(D) Application (Attachment 2)
Yes Yes
Full description of use
x Location
x Appearance
x Operational characteristics
2.7.3(B)(1) Application (Attachment 2) (Site plan) Yes Yes
Owner Information 2.7.3(B)(2) Application (Attachment 2) (Site plan)
Yes Yes
Information needed for Use Standards 2.7.3(B)(3) Application (Attachment 2) (Site plan)
Yes Yes
Site Plans
(10 copies for Class B; 26 for Class A)
2.7.3(B)(4) 10 Copies of Site Plan Submitted Yes Yes
Preliminary Subdivision Plat (if
necessary)
2.7.3(B)(5) N/A [No subdivision proposed.] N/A N/A
List of parcels within 1,000 feet 2.7.3(B)(6) Application (Attachment 2)
Yes Yes
Elevations of all structures 2.7.3(B)(7) Application (Attachment 2)
Yes Yes
Environmental Assessment (or EIS)
x Topography
x Drainage issues
x Natural or Cultural resources
x Mining
x Hazardous Wastes
x Wastewater treatment
x Water usage
2.7.3(B)(8) EIS Not Required
EA provided in Application
(Attachment 2)
Yes Yes
Method of Debris Disposal 2.7.3(B)(9) Application (Attachment 2) (Site plan)
Yes Yes
Development Schedule 2.7.3(B)(10) Application (Attachment 2) (Site plan)
Yes Yes
Extended Vesting Request 2.7.3(B)(11) Not requested N/A N/A
NOTIFICATION REQUIREMENTS
Public Notice
x Date
x Time
x Place
2.7.6(a) Application (Attachment 3a-c) Yes Yes
Published in Newspaper
x Two successive weeks
x 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
December 26, 2018, and again on
January 2, 2019
Yes Yes
Sign Posting on Property (at least 10
days prior)
2.7.6(c) Staff Testimony
posted sign on December 31, 2018
Yes Yes
9
Mailed Notice
x Certified mail
All adjacent property owners (within
1,000 feet)
x Not less than fifteen days prior
2.7.6(d) NIM and BOA Materials (Attachment 3)
NIM notices mailed September 14,
2018
BOA Public Hearing Notices mailed
December 31, 2018
Yes Yes
1
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 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 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 Yes
2
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
STANDARDS FOR CAMP RETREAT FACILITY 5.7
Site Plan
A site plan prepared in accordance
with Section 2.5 and Standards for
Camp/Retreat Facilities.
2.5; and
5.7.4(A)(1)
Application (Attachment 2) (Site plan)
Yes
Standards of Evaluation
A description of the type of facility, the
size, capacity, use of proposed
buildings, septic systems and
recreation areas including .
5.7.4 (A) (2)
(a-e)
Application (Attachment 2) (Site plan)
Yes
4 5
10
1
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:
x Narrative;
x Environmental Assessment
(EA) Application; and
x 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 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
- Appraisal evidence
submitted by applicant
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
Yes
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
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
Yes Yes
11
in the Comprehensive Plan, or
portion thereof, adopted by the Board
of County Commissioners.
(Attachment 1); and
- 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.
1
12
RECOMMENDATION: 1
2
Staff has reviewed the application, the site plan, and all supporting documentation and has found that the applicant 3
complies with the application requirements, notice requirements, submittal requirements for camp/retreat centers, 4
specific standards of evaluation for Camp/Retreat centers, and required regulations as outlined within the UDO 5
6
Staff has not received any evidence indicating the project does not comply with the UDO, including the provisions of 7
Section 5.3.2 (A) (2) inclusive, and establishing the grounds for making a negative finding on the general standards as 8
detailed herein. These standards include maintaining or promoting the public health, safety, and general welfare, 9
maintaining or enhancing the value of contiguous property, the use is in harmony with the area in which it is to be 10
located, and the use being in compliance with the general plan for the physical development of the County.11
12
The Board could make an affirmative finding on this application provided the Board of Adjustment finds in the 13
affirmative on the specific standards of evaluation and general standards as detailed herein, and no evidence is entered 14
into the record demonstrating the applicant has either: 15
a. Failed to meet their burden of proof that the project complies with the specific development standards for a 16
telecommunication facility, or 17
b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO.18
In the event that the Board makes an affirmative finding, and issues the permit, staff recommends the attachment of the 19
following conditions:2021
Conditions of Approval:22
23
1. In accordance with the provision(s) of Section(s) 5.2.1 Table of Permitted Uses and 5.7.4 Camp/Retreat 24
Center, activities allowed to occur on the property shall be in accordance with the submitted application 25
package, Site Plan and narrative as reviewed by the Orange County Board of Adjustment on November 12,26
2018. Furthermore, these overall Site Plans shall be updated and included as part of the Site Plan submittals 27
for future Phases or groupings of buildings that are submitted for development permits. 28
29
2. To promote the public health, safety and general welfare as required in Section 5.3.2 (A) (2) (a), to30
ensure adjacent property values are maintained or enhanced as required in Section 5.3.2 (A) (2) (b), and 31
to ensure the proposed use is in harmony with the general area as required in Section 5.3.2 (A) (2) (c) of 32
the UDO all lighting installed on the property shall comply with the provisions of Section 6.11 of the UDO. 33
Under no circumstances may lighting levels exceed 0.1 foot-candles at any property line. No new outdoor on-34
site lighting will be located within 100’ of the property boundaries.35
36
3. To promote public safety as required in Section 5.3.2(B)(2) of the UDO, to ensure viable vehicular access as 37
required in Section 5.3.2 (B) (3), and in accordance with the provisions of Section 2.5 of the UDO the 38
applicant shall submit Site Plans and with existing/projected vehicular trip generations to NC Department of 39
Transportation (NCDOT) prior to the commencement of earth disturbing activity. 4041
4. To ensure general design standards as required in Section 5.3.3 of the UDO, Orange 42
County Erosion Control and Stormwater Permits shall be obtained by the Camp with the initial site plan 43
submittal. These permits shall include an overall land disturbance plan that anticipates the camp’s anticipated 44
total land disturbance at total build-out. This plan shall be updated an included with subsequent site plan 45
submittals. 46
47
5. To promote the public health, safety and general welfare as required in Section 5.3.2 (A) (2) (a), to48
ensure adjacent property values are maintained or enhanced as required in Section 5.3.2 (A) (2) (b), and 49
to ensure the proposed use is in harmony with the general area as required in Section 5.3.2 (A) (2) (c) of 50
13
the UDO, existing vegetation within 100’ of the property boundary (excluding property frontages along public 1
rights-of-way ) will remain undisturbed.2
3
6. To promote the public health, safety and general welfare as required in Section 5.3.2 (A) (2) (a), to4
ensure adjacent property values are maintained or enhanced as required in Section 5.3.2 (A) (2) (b), and 5
to ensure the proposed use is in harmony with the general area as required in Section 5.3.2 (A) (2) (c) of 6
the UDO, no amplified sound will be permitted on-site between the hours of 12:00am – 7:00am.7
8
7. To promote the public health, safety and general welfare as required in Section 5.3.2 (A) (2) (a), to9
ensure adjacent property values are maintained or enhanced as required in Section 5.3.2 (A) (2) (b), 10
a n d permitted by Orange County Environmental Health, the existing audible Low Pressure alarm associated 11
with the septic system will be replaced with a SMS/MMS notification system.12
13
8. Per Section 2.5 of the UDO the applicant shall obtain all necessary and applicable permits from the County 14
associated with the development of the property consistent with the approved Special Use Permit, including but 15
not limited to: 16
17
a. Building/ Solid Waste Management Permit, 18
b. Environmental Health Permit,19
c. Erosion Control Management Permit, 20
d. Stormwater Permit, and21
e. Zoning Compliance Permit.22
23
9. In accordance with the provisions of Section 2.7.12 (C) of the UDO, if any condition of this Special Use Permit 24
shall be held invalid or void, then this Special Use Permit shall be void in its entirety and of no effect.25
26
10. In accordance with the provisions of Section 2.7.12 (D) of the UDO, the Special Use Permit will automatically 27
expire within 12 months from the date of approval if the use has not commenced or construction has not28
commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of 29
Adjustment.303132
AGENDA ITEM 6: ADJOURNMENT33
34
MOTION by Barry Katz to adjourn the meeting at 7:49 p.m.. Susan Halkiotis seconded.35
VOTE:UNANIMOUS36
37
38
_________________________________________39
NAME OF CHAIR,CHAIR40
14
ORANGE COUNTY
BOARD OF ADJUSTMENT
PUBLIC HEARING
AGENDA ITEM ABSTRACT CASE A-1-19
Meeting Date: October 14, 2019
Agenda
Item No. A-1-19
SUBJECT: CASE A-1-19: Class B Special Use Permit Proposing Expansion of an Existing
Recreational Facility Called “Hollow Rock Racquet and Swim Club”
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Site Assessment Map
2. Application Package
3. NIM and BOA Materials
4. Staff Comments
5. Special Use Permit Findings of Fact
Molly Boyle, Planner I (919) 245-2599
Patrick Mallett, Planner II (919) 245-2577
UNDER SEPARATE COVER
Site Plan
PURPOSE:To hold a quasi-judicial public hearing, receive evidence and sworn testimony, and take
action on a Class B Special Use Permit (SUP) application proposing the expansion of an existing
Recreational Facility, Hollow Rock Racquet and Swim Club (the club), in accordance with the
following sections of the Unified Development Ordinance (UDO):
x 2.7 Special Use Permits
x 5.2 Table of Permitted Uses
x 5.3.2 Application of Use Standards – Special Uses
x 5.7.2 Standards for Recreational Uses – Recreational Facilities
BACKGROUND:The basic facts of the application are as follows:
Owner/Applicant: Hollow Rock Racquet and Swim Club, Inc.
ATTN: Michael Polasek, General Manager
5100 Erwin Road
Durham, NC 27707
Consultants: Rob Emerson, RLA
Emerson Land Planning, PLLC
1202 North Gregson Steet
Durham, NC 27701
Tom Merrigan, Linton Architects
2625 Hillsborough Road
Durham, NC 27705
15
Location: 5100 Erwin Road at the intersection of Erwin Road (SR 1737) and
Kerley Road (SR 1717). The property is split across the Orange and
Durham County line, with 9.29 acres in Orange County and 5.51 acres
in Durham County.
Please refer to the site assessment map in Attachment 1.
Parcel Information: a. PIN: 0801-13-2925
b. Size of Parcel: 9.29 acres in Orange County and 5.51 acres in
Durham County (per Orange County GIS)
c. Zoning of Parcel (Orange County): Rural Buffer (RB). The
property is not located within a Watershed Protection Overlay
District.
d. Township: Chapel Hill
e. Future Land Use Map Designation: Rural Buffer
f. Growth Management System Designation: Rural Designated;
Rural Buffer
g. Existing Conditions/Physical Features: Approximately 9.29 acres
of the club campus lie within the Orange County planning jurisdiction.
This property encompasses the following amenities:
x The existing 5,700 square foot clubhouse;
x A shaded wading pool; and
x 21 tennis courts (17 of which are lighted).
The acreage on the Durham side includes:
x One tennis court (lighted);
x A family pool with a diving board and water slide;
x A 25-meter, eight-lane, heated fitness/lap pool;
x A 532 square foot bathhouse; and
x Several small maintenance and storage buildings.
The site is heavily wooded, with mature pines and hardwoods along
Erwin and Kerley Roads where the property has frontage and
throughout the site.
The topographic high point of the site is its northeast corner, which is
at an elevation of 325 feet above sea level. Grade falls away to the
west and south, with the low point being an intermittent stream that
crosses the western property line at an elevation of approximately
293 feet. The stream is a tributary of New Hope Creek, which is part
of the Jordan Lake watershed and the Cape Fear River Basin. The
club property is not within a Special Flood Hazard Area (SFHA).
h. Roads: The campus has approximately 516 feet of frontage on
Erwin Road and 287 feet on Kerley Road. All road frontages are
within Durham County. There is a single 2-way access drive to each
street. Public sidewalks are present along the length of both
frontages.
16
i. Parking: Three paved parking areas provide off-street parking for
114 vehicles, including four ADA spaces. Parking for 13 bicycles is
provided south of the main clubhouse entry.
j. Water and Sewer Service: Domestic water comes from two private
wells, one on each side of the County line. Sanitary sewage is
pumped north along Kerley Road to Durham’s municipal system
under a private license agreement.
Surrounding Land Uses: a. NORTH: Undeveloped properties zoned Rural Buffer.
b. SOUTH: Erwin Road Montessori School zoned Rural Buffer and
single-family residences zoned RS-20 in Durham County.
c. EAST: Single-family residences and undeveloped properties zoned
RS-20 in Durham County.
d. WEST: Single-family residences and undeveloped properties zoned
Rural Buffer.
PROPOSAL: The application proposes to expand an existing, member only, recreational facility
developed in 1971 offering year-round tennis, swim, fitness, and camp activities. Membership
varies seasonally from approximately 600 to 800 members. Hours of operation also vary, but
during peak summer season the club is open every day from 8 am to 9 pm. Specifically, the
applicant is proposing the following:
1. Renovations to the clubhouse, which would not alter the building footprint or
height;
2. Demolition of the wading pool and three fabric shade structures; and
3. Construction of the following features:
a. An accessible walk, ramp, and overhead canopy at the main entry;
b. A 750 sq. ft. concessions building with a trellis; and
c. A 675 sq. ft. open-air picnic shelter.
These improvements will not increase the club’s capacity (i.e., membership size) or affect its
hours of operation. Said activities are intended to better serve existing members. Please see the
application package in Attachment 2 for more detail.
Under the current Orange County regulations, this use of property is classified as a Recreational
Facility requiring a Class B SUP to operate within the Rural Buffer (RB) general use zoning
district. In order to make the proposed improvements, the club must meet current applicable
Orange County requirements. In this case, that means obtaining a Class B SUP.
ORDINANCE REQUIREMENTS:
“Recreational Facilities” are defined in UDO Article 10 Definitions as follows:
“A use of property occurring indoors and/or outdoors providing recreational amenities,
activities, or services for compensation. Activities shall include, but not be limited to:
sports played on a court, amusement arcades, bowling alleys, skating rinks, shooting
ranges, billiard and pool halls, paintball, rope climbing or obstacle courses, go-kart or
17
motor cross tracks, exercise centers including aerobic and yoga studios, athletic fields,
and gymnasiums.”
Section 5.2 Table of Permitted Uses of the UDO indicates a Recreational Facility is a permitted
use of property in the RB general use zoning district subject to the issuance of a Class B SUP.
Per Section 5.7.2 (C) of the UDO, recreational facilities requiring issuance of a Class B SUP are
required to comply with the following submittal and review standards:
(1) Submittal Requirements:
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
a) A description of the exact type [of]facility planned, the amount of area,
including the number of members or participants expected, and a site
plan showing siting and size of existing and proposed building.
STAFF COMMENT: This information is contained in Attachment 2
and on the site plan.
b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
STAFF COMMENT: This information is contained/shown on the site
plan. Additional information outlining the reason(s) and/or need for
the ‘planned facilities’ is contained in the project narrative found
within Attachment 2.
c) Plans and elevation for all proposed and existing structures and
descriptions of the color and nature of all exterior materials.
STAFF COMMENT: This information is contained/shown on the site
plan.
d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
STAFF COMMENT: The site plan contains the required landscape
plan.
e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
STAFF COMMENT: The statement is contained within the
application package found within Attachment 2.
(2) Standards of Evaluation
a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.
STAFF COMMENT: The site plan denotes the property has frontage
on, and obtains access from, 2 public roadways, specifically Erwin
and Kerley Roads located within Durham County.
18
b) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
STAFF COMMENT: As previously indicated, sewage disposal is
already provided via public sewer maintained by the City of Durham.
No documentation has been provided indicating the ‘method’ is
inadequate.
c) The site plan should show the boundaries of the site, the distances to
the nearest residential structures, proposed or existing access points,
parking and service areas, location of outdoor recreational facilities, and
location of existing or proposed buildings.
STAFF COMMENT: The site plan contains the required information.
d) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition to proposed or existing trees, shrubs and ground
cover.
STAFF COMMENT: The site plan contains the required information.
A condition of approval is that existing foliage shall be preserved to
ensure compliance with this standard.
e) Elevations of all structures and buildings. The structure shall be of such
a nature as to preserve the residential character of the area.
STAFF COMMENT: The site plan contains the required information.
The proposed additions appear to be consistent with existing
development and are not anticipated to detract from the residential
character of the area.
f) There are no adverse impacts on the adjacent roads or residential
property.
STAFF COMMENT: Based on the application submittal (Attachment
2) and staff comments (Attachment 4) the proposed expansion will
not have an adverse impact on adjacent roads.
Staff has received a memorandum from NC Department of
Transportation (Attachment 4) indicating no roadway improvements
are required to accommodate the proposed expansion. The
expansion shall not require the clearing of any existing vegetation
thereby preserving the existing landscape buffer.
As part of the submittal, the applicant has also voluntarily offered the imposition of the
following conditions on the SUP:
1. In accordance with the provisions of Sections 5.2 Table of Permitted Uses and 5.7.2
Recreational Facilities of the UDO, activities allowed to occur on the property shall be
in accordance with the submitted application package, site plan, and narrative as
reviewed by the Orange County Board of Adjustment on October 14, 2019. Furthermore,
the site plan shall be updated and included as part of the site plan submittal for
development permits;
2. In order to:
19
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. Ensure the proposed use is in harmony with the general area as required in
Section 5.3.2 (A) (2) (c)
of the UDO, all lighting installed on the property shall comply with the provisions of
UDO Section 6.11. Under no circumstances may lighting levels exceed 0.1 foot-
candles at any property line. No new outdoor on-site lighting will be located within 100’ of
the property boundaries as depicted on the submitted site plan.
3. In order to:
a. Promote the public safety as required in Section 5.3.2 (B) (2);
b. Ensure viable vehicular access as required in Section 5.3.2 (B) (3); and
c. Ensure compliance with the site plan submittal requirements of
Section 2.5
of the UDO, the applicant shall submit the site plan with existing and projected
vehicular trip generations to the NC Department of Transportation (NC DOT) prior to
the commencement of earth disturbing activity.
4. In order to promote the public health, safety, and general welfare as required in
Section 5.3.2 (A) (2) (a) of the UDO, the applicant shall obtain any required
permits through Orange County Erosion Control and Stormwater consistent with the
provisions of the UDO.
5. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. Ensure the proposed use is in harmony with the general area as required in
Section 5.3.2 (A) (2) (c)
of the UDO, the property shall continue to screen itself from adjacent parcels in
accordance with the submitted site plan and Section 6.8.7 of the UDO. Screening options
include, but are not limited to, fences, nets, berms, and vegetation.
6. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. 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 amplified sound will be permitted on-site between the hours of 12:00am –
7:00am.
20
7. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a); and
b. Ensure adjacent property values are maintained or enhanced as required in
U D O Section 5.3.2 (A) (2) (b),
t h e e xi st i n g old well on the Orange County portion of the club property will be
abandoned and a new well will be drilled consistent with the issued well permit from
Orange County Environmental Health.
8. Consistent with the provisions of 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;
b. Environmental Health Permit;
c. Erosion Control Management Permit;
d. Stormwater Permit; and
e. Zoning Compliance Permit.
9. 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.
10. 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.
STAFF COMMENT(S):
1. Attachment 4 contains staff’s evaluation of the proposal’s compliance with the various
standards detailed within these sections.
While no major concerns have been expressed, staff recommends the imposition of
specific conditions of approval, summarized herein, to ensure the project’s compliance
with the provisions of the UDO in the event the Board determines the application can
be approved.
2. 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.
3. As you are aware, staff does not make a formal recommendation on the approval of
the application or on the applicant’s compliance with the general standards detailed
within Section 5.3.2 (A) (2), specifically:
(1) The use will maintain or promote the public health, safety and general welfare, if
located where proposed and developed and operated according to the plan as
submitted;
21
(2) The use will maintain or enhance the value of contiguous property (unless the
use is a public necessity, in which case the use need not maintain or enhance the
value of contiguous property); and
(3) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located and the use
is in compliance with the plan for the physical development of the County as
embodied in these regulations or in the Comprehensive Plan, or portion thereof,
adopted by the Board of County Commissioners.
4. There are several goals/policies detailed within the adopted 2030 Comprehensive
Plan addressing the development of Recreational 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.
d. Land Use Goal 5: Life, health, and property safe from hazards.
5. Local residents were notified of the required Neighborhood Information Meeting (NIM)
and the public hearing consistent with the requirements of the UDO. Two consultants,
the club’s general manager, a club board member, and one area resident attended the
meeting. Please refer to Attachment 3 for additional information.
6. Review of SUP applications are carried out in a quasi-judicial format meaning that
decisions relating to the approval or denial of an application are solely based 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 project’s 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. 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 U D O Section 2.26.4, 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
22
Superior Court within 30 days of the availability of notice of decision as detailed within
UDO Section 2.12.5.
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 necessary permits authorizing the commencement of
land disturbing activities, including but not limited to:
a. Erosion Control and Stormwater Permits;
b. P ermits from the Orange County Health Department approving a proposed
septic system and/or well for the project;
c. B uilding permits including review and approval of the plans by the County Fire
Marshal;
d. A Solid Waste Management Permit;
e. A Zoning Compliance Permit; and/or
f. NCDOT Driveway Permits.
12. The approval of the SUP establishes 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.
23
Stream Buffer 65ft
Soils
Soils Survey Stream
OC Updated Stream
2' Contours (NCDOT)
Parcels
Streets
Zoning
FIRM
Watershed ·
03060Feet
1 inch = 150 feet
Flood
Panel:
0801K
Jordan Lake
Unprotected
WatershedWILKINS DRERWIN RD
RB322320318312310308306
298
324
304300296316
314
306304302300298296294292324
322
320
318
30430230
2
32
6
306294Soil: AuC
Soil: CrB
Soil: WtC2
Site Assessment for PIN:0801-13-2925
Site Data:
Zoning: Rural Buffer (RB)
Acreage: 9.29 acres
Overlay Districts: N/A
Plat/Legal Description: W/S Kerley Rd; no plat
Density and Dimensional Requirements:
Max. Density: 1 unit per 2 acres
Min. Lot Size: 2 acres
Min. lot width: 130’
Building Setbacks and Height:
Front (and Corner lots) = 40’ (50’ for outdoor athletic fields at
recreational facilities)
Side Setbacks = 20’
Rear Yard Setback = 20’
Maximum height: 25’ (see UDO Sec. 6.2.2 for height bonus)
Ratios
Floor Area:
•Residential Conditional Use = .058
•Non-Residential Use = .088
•Non-Residential Conditional Use = .100
Open Space: 0.84
Max. Impervious Surface: N/A (Stormwater control measure required
when exceeding 12,000 sq. ft.)
Environmental Features:
Streams/Water Bodies: Stream shown (OC GIS/Soil Survey)
SFHA (Floodplain): N/A
Wetlands: N/A
Buffers: Stream Buffer = 65 ft. (Method A; Slope = 2.4%)
Land Disturbance Thresholds:
1) Erosion Control Application/Permit required if disturbing more than
20,000 sq. ft.
2) Stormwater Management Application/Permit required if disturbing
more than 43,560 sq. ft. (1 acre) for residential structures or more than
21,780 sq. ft. for commercial structures.
Notes:
1) Private Road Justifications, Recorded Declarations, Restrictive Covenants, Bona Fide
Farm status, use and building type (e.g. duplex units) will change subdivision and
development requirements.
2) Wetlands data is taken from Classification of Wetlands and Deepwater Habitats of the
United States. U.S. Department of the Interior, Fish and Wildlife Service and does not
constitute a formal delineation (i.e. survey) of the property. All wetland areas are
approximate.
3) Flood boundaries are subject to change based on periodic amendments to flood maps.
Determination is based on current, best available, data.
4) This does not constitute a formal land survey.
(Date Site Assessment Completed: 08/06/2019 by mboyle)
PIN#: 0801132925
INC HOLLOW ROCK RACQUET & SWIM CLUB
5100 ERWIN RD
DURHAM, NC 27707
Data shown on this map is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
08/06/2019 - mboyle
24
Attachment 1
**Field-identified portion of stream subject only to 50' stream buffer (see attached).
25
M:\Erosion Control Div\Stream Calls\2005\060105.TMBL7.15A.A.18.Quaid
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 245-2575
Erosion Control Division 306F Revere Road
(919) 245-2586 P O Box 8181
(919) 644-3002 (FAX)
www.co.orange.nc.us
Hillsborough, NC 27278
June 1, 2005
Mr. Jonathan Quaid
6021 Wilkins Dr.
Durham, NC 27705
Re: Orange County Zoning Ordinance Surface Water Identification
TMBL 7.15A.A.18, PIN 0801-04-8258, Jordan Lake Watershed
Dear Mr. Quaid:
This letter serves as confirmation of an on-site surface water determination made by Orange
County Erosion Control Division staff on May 25, 2005 for the referenced property. Orange
County enforces a stream buffer along streams and water features in the County per the
Orange County Zoning Ordinance.
An on-site field determination was requested by you for the referenced parcel. The
evaluation found that there is a water feature on the property which is subject to the
ordinance. The subject water feature, approximately shown on the attached map, will
require a 50’ undisturbed buffer (Please see previously referenced section of Zoning
Ordinance, attached). This undisturbed buffer shall be measured from the top of the stream
bank and shall be included on any site plans as part of a building permit application.
Be advised that the buffers are measured horizontally, as if by a surveyor, from the top
of the stream bank or outer edge of the water feature, and will be longer on the ground
than the specified width because of slope. (See diagram below)
26
Mr. Quaid
June 1, 2005
Page Two
M:\Erosion Control Div\Stream Calls\2005\060105.TMBL7.15A.A.18.Quaid
Please contact me at 245-2588 if you have any questions.
Sincerely,
D. Will Autry, CPESC
Erosion Control Officer II
Attached – Relevant Zoning Text and Map
C: Robert Davis - Current Planning
Environmental Health
File
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42Hollow Rock Racquet and Swim Club
Architect's Renderings
43
44
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46
47
Attachment 3
48
Stream Buffer 65ft
Soils
Soils Survey Stream
OC Updated Stream
2' Contours (NCDOT)
Parcels
Streets
Zoning
FIRM
Watershed ·
03060Feet
1 inch = 150 feet
Flood
Panel:
0801K
Jordan Lake
Unprotected
WatershedWILKINS DRERWIN RD
RB322320318312310308306
298
324
304300296316
314
306304302300298296294292324
322
320
318
30430230
2
32
6
306294Soil: AuC
Soil: CrB
Soil: WtC2
Site Assessment for PIN:0801-13-2925
Site Data:
Zoning: Rural Buffer (RB)
Acreage: 9.29 acres
Overlay Districts: N/A
Plat/Legal Description: W/S Kerley Rd; no plat
Density and Dimensional Requirements:
Max. Density: 1 unit per 2 acres
Min. Lot Size: 2 acres
Min. lot width: 130’
Building Setbacks and Height:
Front (and Corner lots) = 40’ (50’ for outdoor athletic fields at
recreational facilities)
Side Setbacks = 20’
Rear Yard Setback = 20’
Maximum height: 25’ (see UDO Sec. 6.2.2 for height bonus)
Ratios
Floor Area:
•Residential Conditional Use = .058
•Non-Residential Use = .088
•Non-Residential Conditional Use = .100
Open Space: 0.84
Max. Impervious Surface: N/A (Stormwater control measure required
when exceeding 12,000 sq. ft.)
Environmental Features:
Streams/Water Bodies: Stream shown (OC GIS/Soil Survey)
SFHA (Floodplain): N/A
Wetlands: N/A
Buffers: Stream Buffer = 65 ft. (Method A; Slope = 2.4%)
Land Disturbance Thresholds:
1) Erosion Control Application/Permit required if disturbing more than
20,000 sq. ft.
2) Stormwater Management Application/Permit required if disturbing
more than 43,560 sq. ft. (1 acre) for residential structures or more than
21,780 sq. ft. for commercial structures.
Notes:
1) Private Road Justifications, Recorded Declarations, Restrictive Covenants, Bona Fide
Farm status, use and building type (e.g. duplex units) will change subdivision and
development requirements.
2) Wetlands data is taken from Classification of Wetlands and Deepwater Habitats of the
United States. U.S. Department of the Interior, Fish and Wildlife Service and does not
constitute a formal delineation (i.e. survey) of the property. All wetland areas are
approximate.
3) Flood boundaries are subject to change based on periodic amendments to flood maps.
Determination is based on current, best available, data.
4) This does not constitute a formal land survey.
(Date Site Assessment Completed: 08/06/2019 by mboyle)
PIN#: 0801132925
INC HOLLOW ROCK RACQUET & SWIM CLUB
5100 ERWIN RD
DURHAM, NC 27707
Data shown on this map is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
08/06/2019 - mboyle
49
The purpose of this fact sheet is to provide a breakdown of Orange County’s Special Use Permit submittal and
review process.
The information contained herein provides an explanation on the nature of the permit proceedings, the
presentation of evidence, burden of proof, what constitutes testimony and who can present evidence, and your
rights with respect to challenging a decision to either approve or reject a SUP application.
1. What is a Special Use Permit?
A Special Use Permit (SUP) is a permit allowing for the establishment of certain uses, in certain
districts, that are considered worthy of additional scrutiny in their proposed location. Such uses typically
require special review for design, location, and impact on surrounding properties.
Orange County has 2 different categories of SUP, specifically:
i. Class A reviewed and acted upon by the Board of County Commissioners (BOCC), with a
recommendation from the Planning Board, and
ii. Class B reviewed and acted upon by the Orange County Board of Adjustment.
2. What is considered a ‘Special Use’?
A SUP is required for those specific land uses identified within the Orange County Unified
Development Ordinance (UDO) Table of Permitted Uses contained within Section 5.2.
These uses are identified in the UDO’s Table of Permitted Uses with an ‘A” for Class A SUP and a ‘B’
for a Class B SUP. Some uses may be permissible in certain districts without restriction (referred to as
“uses by right”), but require the SUP in districts where their impact calls for special consideration.
Applicants are entitled to be granted a SUP if they can show that specific standards would be met.
3. When are such applications reviewed?
Review of a SUP application occurs during a previously scheduled and advertised public hearings held
by either the BOCC or the Board of Adjustment.
The review of an application is a carried out in a quasi-judicial process.
The typical cadence associated with the review of a SUP is broken down in Section 2.7 of the UDO and
can be summarized using the following flow chart:
Orange County Planning and Inspections Department
SPECIAL USE PERMIT
FACT SHEET
50
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC /
Planning Board
at a quarterly
public hearing
Staff Application Review and
Formal Recommendation
Neighborhood Information
Meeting
Planning Board recommendation
sent to County Commissioners for
decision
Application
forwarded to
Planning Board for
review and
recommendation
Board of
Adjustment holds
public hearing in
a quasi-judicial
format and
renders a decision
on application
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Joint public
hearing held in a
quasi-judicial
format to review
application
Special Use
Permit
51
4. What does quasi-judicial process mean?
Quasi-judicial decisions arise in a variety of local government settings.
During a quasi-judicial hearing, the Board (i.e. BOCC or Board of Adjustment) responsible for
rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn
testimony presented at the public hearing and then makes a determination on whether the permit can be
issued based on the competent, substantial, and material evidence presented.
Put differently a quasi-judicial decision is one that requires the board hearing the matter to find facts and
make decisions by applying those facts to the standards in the Unified Development Ordinance.
5.Who may speak or present evidence at the public hearing?
Both individual applicants and those individuals supporting, or opposed to, the application are
encouraged to attend. Individuals may represent themselves or be represented by an attorney and they
may have expert witnesses testify for them.
The cost for attorneys or expert witnesses is borne by the individual seeking counsel or expert
testimony, not the County. The County will not pay for, or reimburse, expenses incurred by an
individual in their quest to support or oppose a SUP application.
While not required by State or County regulations, all parties with an interest in a SUP application are
strongly advised to have an attorney represent them.
Engineers, architects, real estate agents, planners and other non-attorneys may only appear as expert
witnesses; they may not represent an applicant or those opposed to an application.
Only those with standing may speak or present evidence.
6. What are the responsibilities of the applicant?
The applicant bears the ultimate responsibility for producing and submitting competent, substantial, and
material evidence for the body reviewing the application to conclude the proposal complies with
applicable County regulations.
If they fail to submit evidence demonstrating compliance, the request is denied.
If, however, the applicant proves they comply, and there is insufficient evidence submitted to the board
hearing the case demonstrating they do not comply, the applicant is entitled to have the application
approved.
7. What standards must be met by the applicant?
All applicants must show compliance with the General Standards for all SUPs, as detailed within
Section 5.3.2 of the UDO, and any specific development standards associated within the proposed use.
The General Standards, as contained in Section 5.3.2, read as follows:
(a) 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;
(b) 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
(c) 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
52
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
8. How are decisions made?
Members of the board rendering the decision must make their decision solely on the competent, material
and substantial evidence presented at the hearing, both for and against an application.
Members cannot consider information obtained through independent research or undisclosed ex parte
communications, meaning members cannot have private discussions with individuals who support or
object to a specific application.
9. What exactly is ex-parte communication and why is it not allowed?
Persons affected by a decision have the legal right to hear all of the information presented to members of
a board who will be rendering a decision on an SUP application, specifically they have a right to know
all of the “facts” being considered.
Therefore members of the decision-making body are not allowed to discuss the case or gather evidence
outside of the hearing (what the courts term ex parte communication). Only facts presented to the full
board at the hearing may be considered.
This is an important point to remember when such applications are being reviewed. Members of the
board rendering the decision are prohibited from discussing the matter or receiving comment on a
proposal.
These members are not trying to be rude or unsympathetic to your concerns. They are prohibited from
engaging in the conversation in the first place as they are required to guarantee an impartial hearing
where the ‘facts’ are weighed as they are presented as to whether or not an application should be
granted.
10. You previously indicated decisions are based on evidence. Does this mean those presenting evidence
at a SUP hearing have to be under oath?
In a word, yes. All testimony, including from County staff, offered during the public hearing where a
SUP is reviewed must be under oath.
All persons wishing to speak will be given a reasonable time in which to be heard, however groups are
encouraged to select a spokesperson to speak for the group in order to avoid repetitive testimony.
11. Can people just speak to offer their opinion on the application?
Inflammatory, irrelevant, repetitive and incompetent testimony and hearsay is not permitted and the
chairman of the board hearing the matter has the right to limit and restrict such comments during the
public hearing.
For more information please refer to Section 2.7.7 (D) of the UDO.
12. What constitutes ‘competent, substantial, and material evidence’ allowing for the approval or a denial
of a SUP?
Breaking down what constitutes evidence can best be summarized as follows:
i. Competent evidence: legally admissible under the rules of evidence unless admitted
without objection, or appears to be sufficiently trustworthy and is admitted under such
circumstances that it is reasonable for the decision-making body to rely upon it.
Evidence that can be subjected to cross-examination, inspection, explanation and rebuttal
(i.e. expert testimony).
For example a realtor who has professional experience and accreditation can offer an
opinion if a specific project will or will not impact the value of adjacent property. An
individual with no background in the field cannot offer a ‘competent’ opinion on the
53
subject. In this case it would not be considered as ‘competent’ evidence and would be
inadmissible.
ii. Substantial evidence: evidence that which a ‘reasonable mind’ would regard as
sufficiently supporting a specific result.
Would this persuade the average person to make a certain conclusion? Does it do more
than speculate?
iii. Material evidence: evidence that is relevant to the issue being considered.
For example if a board is reviewing an application for a kennel (i.e. a place where
dogs/cats are housed and cared for a period of time) an individual who is opposed may
submit documentation denoting noise complaints from other kennels throughout Orange
County. This could be construed as ‘material evidence’.
Documentation denoting animals have died in kennels throughout the county and, as a
result, this specific application should be denied is not relevant to the case at hand as it
has no specific relationship to what is being proposed. This would be deemed immaterial
evidence and would not be admissible.
As a general rule, anyone with knowledgeable information (i.e. relevant) to the case may provide factual
information, but only experts may provide opinion testimony.
Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and
material before the decision-making board can rely on it.
Hearsay evidence is testimony that the witness does not know of his or her own personal knowledge,
including that which someone else told the witness and the use or introduction of signed petitions and
letters.
The board may only hear testimony that focuses on the applicable standards and criteria established in
the UDO. Unless they are a qualified expert, witnesses are not competent to testify about the impact of
a proposed land use on the value of nearby property, the danger to public safety resulting from increases
in traffic or other matters that require special training or expertise like the level of noise that will be
generated.
13. Can conditions be imposed on a SUP?
Generally, the board hearing the application may attach conditions to the approval of an SUP as it relates
to compliance with applicable standards. For example, a condition may require the applicant to increase
the size of a required setback or land use buffer in order to ensure the project complies with that specific
standard as detailed within the UDO. The Board cannot impose conditions addressing an issue not
related to an existing standard such as establishing hours of operation, color of buildings, etc.
Conditions cannot require the applicant to take action with regard to a piece of property that is not a part
of the application being considered, and conditions cannot require the alteration of a special use permit
previously issued to a third party.
14. Is there a record of the proceedings?
Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of
witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the
board and become a part of the file on that case. An audio recording of the hearing is also made.
15. How are parties notified of the decision?
The board rendering a decision on the application is required to make a formal decision on the
application (i.e. approve or deny) in writing and shall be based on the determination of facts and their
application to the specific standards for the particular use and the general standards contained in the
54
UDO. This includes providing specific details on the board’s conclusions on each applicable standard
for a given SUP. Even if the application is denied, there is an obligation to make a detailed finding
identifying the evidence utilized to deny the application.
The written decision must be signed and becomes effective upon filing with the Planning Department.
A copy of the written decision must be delivered to the applicant, property owner, and others as required
by State law.
16.Are decisions on SUP applications subject to further review?
Yes. Decisions of the BOCC or Board of Adjustment on a SUP application are subject to by the
Superior Court. Appeal applications must be filed within 30 days with the court from the date the
decision is made available. Please refer to NCGS 160A-393 and Section 2.12.5 (A) of the UDO for
additional information.
55
Parcels
Streets ·
03060Feet
1 inch = 150 feet
0801048582
JONATHAN D ETAL QUADE
ALISON V QUADE 0801144550
JONATHAN
QUADE
0801037441
WALLACE C
LAWRENCE
0801132925
INC HOLLOW ROCK
RACQUET & SWIM CLUB
0801048134
MINH NGUYEN
0801048258
JONATHAN D QUADE
ALISON V QUADE
0801048024
THANH PHAM
0801122785
INC SOLTERRA
HOMEOWNERS ASSOC
0801145891
KERLEY ROAD LLC
0801120924
THOMAS KASH
ZOE A MCELLIGOTT
0801140270
SHULI ZOU
0801131208
CHILDS PACE
PROPERTIES LLC
ERW INRDKERLEYRDPIN#: 0801132925
INC HOLLOW ROCK RACQUET & SWIM CLUB
5100 ERWIN RD
DURHAM, NC 27707
Data shown on this map is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
08/15/2019 - mboyle
Hollow Rock Vicinity Map 56
Parking
Clubhouse
Orange County
August 15, 2019
00.10.20.05 mi
0 0.15 0.30.075 km
1:7,200
0801132925PIN:
HOLLOW ROCK RACQUET & SWIM CLUB INCOWNER 1:
W/S KERLEY RDLEGAL DESC:
000/000DEED REF:
1
BLDG_VALUE:
$377,400LAND VALUE:
$USE VALUE:
$1,860,900TOTAL VALUE:
9.29 ASIZE:BUILDING COUNT:
$1,483,500
OWNER 2:
ADDRESS 1:
ADDRESS 2:
5100 ERWIN RD
CITY: DURHAM
STATE, ZIP:NC 27707
RATECODE: 08
DATE SOLD:12/31/1900
BLDG SQFT:4688
YEAR BUILT:1986 TAX STAMPS:
TOWNSHIP CHAPEL HILL
This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deed, plats, and other public records and data.
Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map.
The county and its mapping companies assume no legal responsibility for the information on this map.
57
1,000 ft. Notification Buffer
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581,000 ft. Notification Buffer for Hollow Rock Racquet and Swim Club (OC GIS)
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PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration
(919) 245-2575
(919) 644-3002 (FAX)
www.orangecountync.gov
131 W. Margaret Lane
Suite 201
P. O. Box 8181
Hillsborough, NC 27278
September 27, 2019
ORANGE COUNTY BOARD OF ADJUSTMENT
NOTICE OF PUBLIC HEARING
For Review of the Class B Special Use Permit Application SUP19-0012:
Hollow Rock Racquet and Swim Club
To Whom It May Concern:
Orange County Planning staff has received a Class B Special Use Permit (SUP) application from
Hollow Rock Racquet and Swim Club, Inc. (the club) seeking permission to improve its facility. You
are receiving this letter because property you own is within 1,000 ft. of the club property, which is
further described as follows:
Parcel Identification Number (PIN)0801-13-2925
Owner Hollow Rock Racquet and Swim Club, Inc.
Address 5100 Erwin Road, Durham, NC 27707
Acreage x +/- 9.29 acres in Orange County
x +/- 5.51 acres in Durham County
Zoning (in Orange County)x Rural Buffer (RB)
x Not in a protected or critical watershed
The club is a member-owned recreational facility that offers year-round tennis, swim, fitness, and camp
activities. It has been in operation since 1971. Under the current County land use regulations, this use
of property is classified as a Recreational Facility, which requires a Class B SUP in the Rural Buffer
zoning district. In order to make improvements to its facility, the club must meet current Orange
County zoning requirements. This requires obtaining a Class B Special Use Permit.
What is being proposed?
The SUP application proposes the following improvements:
x Renovations to the clubhouse, which would not alter the building footprint or height;
x Demolition of the wading pool and three fabric shade structures; and
x Construction of the following features:
o An accessible walk, ramp, and overhead canopy at the main entry;
o A 750 sq. ft. concessions building with a trellis; and
o A 675 sq. ft. open-air picnic shelter.
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How does this process work?
The Orange County Unified Development Ordinance (UDO) requires SUP applications to go before
the Board of Adjustment (BOA) for review and decision. Per UDO Sec. 2.7.8, the Board of Adjustment
reviews these applications during a public hearing in a “quasi-judicial” format.
“Quasi-judicial” means that the board acts much like a panel of judges. The applicant must
demonstrate to the board that the project meets all necessary requirements. The board members hear
factual evidence and sworn testimony from the applicant and from opposing parties. Only competent,
substantial, and material evidence will be considered. In other words, personal opinions not supported
by factual evidence will not be heard. The board then decides to approve or deny the application based
on evidence submitted during the hearing.
Do I have to attend?
You are not required to attend this hearing. However, you will need to attend and offer evidence if you
wish to support or oppose this application. The hearing is open to the public, but only citizens with
“standing” can offer evidence. Again, that evidence must be competent, substantial, and material.
Property owners within 1,000 ft. of the club property have standing.
Please note that County regulations and State law do not require parties to hire an attorney for the
hearing. However, some people choose to secure counsel since the process is quasi-judicial.
When is the hearing?
BOA Public Hearing Date Monday, October 14, 2019
Time 7:00 p.m.
Location Whitted Building
300 W. Tryon Street
Room 230
Hillsborough, NC 27278
Please see the enclosed fact sheet on Special Use Permits and the quasi-judicial process. We have also
enclosed a Site Assessment that details the zoning requirements for the property, as well as a vicinity
map for the meeting location. You can view the site plan online via this link:
https://www.co.orange.nc.us/1722/Current-Interest-Projects
If you have questions, please contact a Current Planning staff member at (919) 245-2574. We will be
happy to assist.
Best Regards,
M. Boyle
Molly Boyle
Planner I
Orange County Planning and Inspections
Enclosures: Site Assessment
Special Use Permit Fact Sheet
Vicinity Map (Meeting Location and Parking)
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Stream Buffer 65ft
Soils
Soils Survey Stream
OC Updated Stream
2' Contours (NCDOT)
Parcels
Streets
Zoning
FIRM
Watershed ·
03060Feet
1 inch = 150 feet
Flood
Panel:
0801K
Jordan Lake
Unprotected
WatershedWILKINS DRERWIN RD
RB322320318312310308306
298
324
304300296316
314
306304302300298296294292324
322
320
318
30430230
2
32
6
306294Soil: AuC
Soil: CrB
Soil: WtC2
Site Assessment for PIN:0801-13-2925
Site Data:
Zoning: Rural Buffer (RB)
Acreage: 9.29 acres
Overlay Districts: N/A
Plat/Legal Description: W/S Kerley Rd; no plat
Density and Dimensional Requirements:
Max. Density: 1 unit per 2 acres
Min. Lot Size: 2 acres
Min. lot width: 130’
Building Setbacks and Height:
Front (and Corner lots) = 40’ (50’ for outdoor athletic fields at
recreational facilities)
Side Setbacks = 20’
Rear Yard Setback = 20’
Maximum height: 25’ (see UDO Sec. 6.2.2 for height bonus)
Ratios
Floor Area:
•Residential Conditional Use = .058
•Non-Residential Use = .088
•Non-Residential Conditional Use = .100
Open Space: 0.84
Max. Impervious Surface: N/A (Stormwater control measure required
when exceeding 12,000 sq. ft.)
Environmental Features:
Streams/Water Bodies: Stream shown (OC GIS/Soil Survey)
SFHA (Floodplain): N/A
Wetlands: N/A
Buffers: Stream Buffer = 65 ft. (Method A; Slope = 2.4%)
Land Disturbance Thresholds:
1) Erosion Control Application/Permit required if disturbing more than
20,000 sq. ft.
2) Stormwater Management Application/Permit required if disturbing
more than 43,560 sq. ft. (1 acre) for residential structures or more than
21,780 sq. ft. for commercial structures.
Notes:
1) Private Road Justifications, Recorded Declarations, Restrictive Covenants, Bona Fide
Farm status, use and building type (e.g. duplex units) will change subdivision and
development requirements.
2) Wetlands data is taken from Classification of Wetlands and Deepwater Habitats of the
United States. U.S. Department of the Interior, Fish and Wildlife Service and does not
constitute a formal delineation (i.e. survey) of the property. All wetland areas are
approximate.
3) Flood boundaries are subject to change based on periodic amendments to flood maps.
Determination is based on current, best available, data.
4) This does not constitute a formal land survey.
(Date Site Assessment Completed: 08/06/2019 by mboyle)
PIN#: 0801132925
INC HOLLOW ROCK RACQUET & SWIM CLUB
5100 ERWIN RD
DURHAM, NC 27707
Data shown on this map is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
08/06/2019 - mboyle
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The purpose of this fact sheet is to provide a breakdown of Orange County’s Special Use Permit submittal and
review process.
The information contained herein provides an explanation on the nature of the permit proceedings, the
presentation of evidence, burden of proof, what constitutes testimony and who can present evidence, and your
rights with respect to challenging a decision to either approve or reject a SUP application.
1. What is a Special Use Permit?
A Special Use Permit (SUP) is a permit allowing for the establishment of certain uses, in certain
districts, that are considered worthy of additional scrutiny in their proposed location. Such uses typically
require special review for design, location, and impact on surrounding properties.
Orange County has 2 different categories of SUP, specifically:
i. Class A reviewed and acted upon by the Board of County Commissioners (BOCC), with a
recommendation from the Planning Board, and
ii. Class B reviewed and acted upon by the Orange County Board of Adjustment.
2. What is considered a ‘Special Use’?
A SUP is required for those specific land uses identified within the Orange County Unified
Development Ordinance (UDO) Table of Permitted Uses contained within Section 5.2.
These uses are identified in the UDO’s Table of Permitted Uses with an ‘A” for Class A SUP and a ‘B’
for a Class B SUP. Some uses may be permissible in certain districts without restriction (referred to as
“uses by right”), but require the SUP in districts where their impact calls for special consideration.
Applicants are entitled to be granted a SUP if they can show that specific standards would be met.
3. When are such applications reviewed?
Review of a SUP application occurs during a previously scheduled and advertised public hearings held
by either the BOCC or the Board of Adjustment.
The review of an application is a carried out in a quasi-judicial process.
The typical cadence associated with the review of a SUP is broken down in Section 2.7 of the UDO and
can be summarized using the following flow chart:
Orange County Planning and Inspections Department
SPECIAL USE PERMIT
FACT SHEET
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Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC /
Planning Board
at a quarterly
public hearing
Staff Application Review and
Formal Recommendation
Neighborhood Information
Meeting
Planning Board recommendation
sent to County Commissioners for
decision
Application
forwarded to
Planning Board for
review and
recommendation
Board of
Adjustment holds
public hearing in
a quasi-judicial
format and
renders a decision
on application
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Joint public
hearing held in a
quasi-judicial
format to review
application
Special Use
Permit
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4. What does quasi-judicial process mean?
Quasi-judicial decisions arise in a variety of local government settings.
During a quasi-judicial hearing, the Board (i.e. BOCC or Board of Adjustment) responsible for
rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn
testimony presented at the public hearing and then makes a determination on whether the permit can be
issued based on the competent, substantial, and material evidence presented.
Put differently a quasi-judicial decision is one that requires the board hearing the matter to find facts and
make decisions by applying those facts to the standards in the Unified Development Ordinance.
5.Who may speak or present evidence at the public hearing?
Both individual applicants and those individuals supporting, or opposed to, the application are
encouraged to attend. Individuals may represent themselves or be represented by an attorney and they
may have expert witnesses testify for them.
The cost for attorneys or expert witnesses is borne by the individual seeking counsel or expert
testimony, not the County. The County will not pay for, or reimburse, expenses incurred by an
individual in their quest to support or oppose a SUP application.
While not required by State or County regulations, all parties with an interest in a SUP application are
strongly advised to have an attorney represent them.
Engineers, architects, real estate agents, planners and other non-attorneys may only appear as expert
witnesses; they may not represent an applicant or those opposed to an application.
Only those with standing may speak or present evidence.
6. What are the responsibilities of the applicant?
The applicant bears the ultimate responsibility for producing and submitting competent, substantial, and
material evidence for the body reviewing the application to conclude the proposal complies with
applicable County regulations.
If they fail to submit evidence demonstrating compliance, the request is denied.
If, however, the applicant proves they comply, and there is insufficient evidence submitted to the board
hearing the case demonstrating they do not comply, the applicant is entitled to have the application
approved.
7. What standards must be met by the applicant?
All applicants must show compliance with the General Standards for all SUPs, as detailed within
Section 5.3.2 of the UDO, and any specific development standards associated within the proposed use.
The General Standards, as contained in Section 5.3.2, read as follows:
(a) 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;
(b) 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
(c) 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
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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
8. How are decisions made?
Members of the board rendering the decision must make their decision solely on the competent, material
and substantial evidence presented at the hearing, both for and against an application.
Members cannot consider information obtained through independent research or undisclosed ex parte
communications, meaning members cannot have private discussions with individuals who support or
object to a specific application.
9. What exactly is ex-parte communication and why is it not allowed?
Persons affected by a decision have the legal right to hear all of the information presented to members of
a board who will be rendering a decision on an SUP application, specifically they have a right to know
all of the “facts” being considered.
Therefore members of the decision-making body are not allowed to discuss the case or gather evidence
outside of the hearing (what the courts term ex parte communication). Only facts presented to the full
board at the hearing may be considered.
This is an important point to remember when such applications are being reviewed. Members of the
board rendering the decision are prohibited from discussing the matter or receiving comment on a
proposal.
These members are not trying to be rude or unsympathetic to your concerns. They are prohibited from
engaging in the conversation in the first place as they are required to guarantee an impartial hearing
where the ‘facts’ are weighed as they are presented as to whether or not an application should be
granted.
10. You previously indicated decisions are based on evidence. Does this mean those presenting evidence
at a SUP hearing have to be under oath?
In a word, yes. All testimony, including from County staff, offered during the public hearing where a
SUP is reviewed must be under oath.
All persons wishing to speak will be given a reasonable time in which to be heard, however groups are
encouraged to select a spokesperson to speak for the group in order to avoid repetitive testimony.
11. Can people just speak to offer their opinion on the application?
Inflammatory, irrelevant, repetitive and incompetent testimony and hearsay is not permitted and the
chairman of the board hearing the matter has the right to limit and restrict such comments during the
public hearing.
For more information please refer to Section 2.7.7 (D) of the UDO.
12. What constitutes ‘competent, substantial, and material evidence’ allowing for the approval or a denial
of a SUP?
Breaking down what constitutes evidence can best be summarized as follows:
i. Competent evidence: legally admissible under the rules of evidence unless admitted
without objection, or appears to be sufficiently trustworthy and is admitted under such
circumstances that it is reasonable for the decision-making body to rely upon it.
Evidence that can be subjected to cross-examination, inspection, explanation and rebuttal
(i.e. expert testimony).
For example a realtor who has professional experience and accreditation can offer an
opinion if a specific project will or will not impact the value of adjacent property. An
individual with no background in the field cannot offer a ‘competent’ opinion on the
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subject. In this case it would not be considered as ‘competent’ evidence and would be
inadmissible.
ii. Substantial evidence: evidence that which a ‘reasonable mind’ would regard as
sufficiently supporting a specific result.
Would this persuade the average person to make a certain conclusion? Does it do more
than speculate?
iii. Material evidence: evidence that is relevant to the issue being considered.
For example if a board is reviewing an application for a kennel (i.e. a place where
dogs/cats are housed and cared for a period of time) an individual who is opposed may
submit documentation denoting noise complaints from other kennels throughout Orange
County. This could be construed as ‘material evidence’.
Documentation denoting animals have died in kennels throughout the county and, as a
result, this specific application should be denied is not relevant to the case at hand as it
has no specific relationship to what is being proposed. This would be deemed immaterial
evidence and would not be admissible.
As a general rule, anyone with knowledgeable information (i.e. relevant) to the case may provide factual
information, but only experts may provide opinion testimony.
Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and
material before the decision-making board can rely on it.
Hearsay evidence is testimony that the witness does not know of his or her own personal knowledge,
including that which someone else told the witness and the use or introduction of signed petitions and
letters.
The board may only hear testimony that focuses on the applicable standards and criteria established in
the UDO. Unless they are a qualified expert, witnesses are not competent to testify about the impact of
a proposed land use on the value of nearby property, the danger to public safety resulting from increases
in traffic or other matters that require special training or expertise like the level of noise that will be
generated.
13. Can conditions be imposed on a SUP?
Generally, the board hearing the application may attach conditions to the approval of an SUP as it relates
to compliance with applicable standards. For example, a condition may require the applicant to increase
the size of a required setback or land use buffer in order to ensure the project complies with that specific
standard as detailed within the UDO. The Board cannot impose conditions addressing an issue not
related to an existing standard such as establishing hours of operation, color of buildings, etc.
Conditions cannot require the applicant to take action with regard to a piece of property that is not a part
of the application being considered, and conditions cannot require the alteration of a special use permit
previously issued to a third party.
14. Is there a record of the proceedings?
Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of
witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the
board and become a part of the file on that case. An audio recording of the hearing is also made.
15. How are parties notified of the decision?
The board rendering a decision on the application is required to make a formal decision on the
application (i.e. approve or deny) in writing and shall be based on the determination of facts and their
application to the specific standards for the particular use and the general standards contained in the
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UDO. This includes providing specific details on the board’s conclusions on each applicable standard
for a given SUP. Even if the application is denied, there is an obligation to make a detailed finding
identifying the evidence utilized to deny the application.
The written decision must be signed and becomes effective upon filing with the Planning Department.
A copy of the written decision must be delivered to the applicant, property owner, and others as required
by State law.
16.Are decisions on SUP applications subject to further review?
Yes. Decisions of the BOCC or Board of Adjustment on a SUP application are subject to by the
Superior Court. Appeal applications must be filed within 30 days with the court from the date the
decision is made available. Please refer to NCGS 160A-393 and Section 2.12.5 (A) of the UDO for
additional information.
71
Parcels
Streets ·
02040Feet
1 inch = 80 feetWQUEEN STW TRYON STNHASSELLSTWhitted Building (300 W. Tryon St.)
72
Whitted Building
Parking
Parking
Parking Parking
Parking
Parking
Parking Parking
73
74
75
76
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ƌĞǀŝĞǁĞĚƚŚŝƐŝƚĞŵŽŶƵŐƵƐƚϭϱƚŚ͕ĂŶĚƚŚĞLJ͛ǀĞƌĞǀŝƐĞĚƚŚĞƐŝƚĞƉůĂŶďĂƐĞĚŽŶƚŚŽƐĞĐŽŵŵĞŶƚƐ͘dŚĞĐƵƌƌĞŶƚ^ƉĞĐŝĂůhƐĞ
WĞƌŵŝƚ;^hWͿĂƉƉůŝĐĂƚŝŽŶŝƐĨŽƌƚŚĞůĂŶĚƵƐĞĂƉƉƌŽǀĂů͘/ĨƚŚĞLJŐĞƚƚŚĞ^hW͕ƚŚĞŶƚŚĞLJǁŝůůĂƉƉůLJĨŽƌŶŽŶͲƌĞƐŝĚĞŶƚŝĂůƐŝƚĞ
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ϭ͘ ZĞǀŝĞǁƚŚĞƉůĂŶĂŶĚŶĂƌƌĂƚŝǀĞ͘
Ϯ͘ ^ĞŶĚŵĞĂŶĞŵĂŝůƚŚĂƚŝŶĐůƵĚĞƐƚŚĞĨŽůůŽǁŝŶŐ͗
Ă͘ ƐĞŶƚĞŶĐĞƐĂLJŝŶŐƚŚĞ&ŝƌĞDĂƌƐŚĂůŚĂƐŶŽŽďũĞĐƚŝŽŶƚŽƚŚĞƉƌŽũĞĐƚ͖
ď͘ dŚĞƌĞĂƐŽŶƐƚŚĞƉƌŽũĞĐƚƐŚŽƵůĚŶŽƚďĞĂƉƉƌŽǀĞĚ͖KZ
Đ͘ dŚĞĐŽŶĚŝƚŝŽŶƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞ&ŝƌĞDĂƌƐŚĂůƚŽĐŽŶƐŝĚĞƌƚŚĞƉƌŽũĞĐƚĂĐĐĞƉƚĂďůĞ͘
WůĂŶŶŝŶŐŶĞĞĚƐĂƌĞƐƉŽŶƐĞďLJdŚƵƌƐĚĂLJ͕KĐƚŽďĞƌϯƌĚĂƚϱƉŵ͘zŽƵĐĂŶǁĂŝƚƵŶƚŝůĂĨƚĞƌƚŚŝƐǁĞĞŬƚŽƐĞŶĚŵĞLJŽƵƌ
ĐŽŵŵĞŶƚƐŝĨLJŽƵůŝŬĞ͘/ĨLJŽƵŚĂǀĞĂŶLJƋƵĞƐƚŝŽŶƐ͕ƉůĞĂƐĞůĞƚŵĞŬŶŽǁ͊
dŚĂŶŬLJŽƵ͊
ͲDŽůůLJ
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;ϵϭϵͿϮϰϱͲϮϱϵϵ
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DŽůůLJ͕
dŚĂŶŬƐĨŽƌŬĞĞƉŝŶŐŵĞŝŶƚŚĞůŽŽƉŽŶƚŚŝƐ͘ZĞŐĂƌĚŝŶŐEKdĐŽŵŵĞŶƚƐĨŽƌƚŚĞ^hW͕/͛ĚƌĞĐŽŵŵĞŶĚƚŚĂƚ,ŽůůŽǁƌŽĐŬ
ƉƌŽǀŝĚĞŽĨĨŝĐŝĂůĚŽĐƵŵĞŶƚĂƚŝŽŶŽĨƚŚĞŝƌŽĨĨŝĐŝĂůĐƵƌƌĞŶƚŵĞŵďĞƌƐŚŝƉĞŶƌŽůůŵĞŶƚ͘tĞĂƌĞǁĞůůĂďŽǀĞƚŚĞϰϬϬϬdƚŚĂƚ
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ƚŚĞLJƐƚĂƚĞƚŚĂƚƚŚĞŝƌƉƌŽũĞĐƚŝƐŶ͛ƚďĞŝŶŐĚŽŶĞƵŶĚĞƌƚŚĞŝŶƚĞŶƚƚŽŝŶĐƌĞĂƐĞŵĞŵďĞƌƐŚŝƉ͕ďƵƚŝƚĐŽƵůĚĞĂƐŝůLJƌĞƐƵůƚŝŶƚŚĂƚ
ƐĐĞŶĂƌŝŽ͘dŚĞƌĞĨŽƌĞ͕/͛ĚƌĞĐŽŵŵĞŶĚƚŚĂƚƚŚĞŝƌ^hWƚŽƐŽŵĞŚŽǁďĞƚŝĞĚƚŽƚŚĞŝƌĐƵƌƌĞŶƚŵĞŵďĞƌƐŚŝƉŶƵŵďĞƌƐ͘/ĨƚŚĞLJ
ĞdžĐĞĞĚƚŚŝƐŶƵŵďĞƌ͕ŝƚũĞŽƉĂƌĚŝnjĞƐƚŚŝƐƉĞƌŵŝƚĂŶĚĐŽƵůĚƌĞƋƵŝƌĞƚŚĞŵƚŽďƵŝůĚĂƚƵƌŶůĂŶĞŝŶƚŽƚŚĞŝƌĚƌŝǀĞǁĂLJ͘
ůƐŽ͕ƐŽŵĞƚŚŝŶŐƚŚĂƚĐŽŶĐĞƌŶĞĚŵĞŝŶƚŚĞŝƌŶĂƌƌĂƚŝǀĞǁĂƐƚƌĞĂƚŝŶŐƚŚĞĐůƵďĂƐ͞ƌĂĐƋƵĞƚͬƚĞŶŶŝƐ͟ŽŶůLJ͘/ƚŝƐƚŚĞŝƌƉŽŽů
ĐŽŵƉŽŶĞŶƚƚŚĂƚŚĂƐŵĞŵŽƐƚĐŽŶĐĞƌŶĞĚĨƌŽŵĂƚƌĂĨĨŝĐŝŵƉĂĐƚƐƚĂŶĚƉŽŝŶƚ͘/͛ŵĂǁĂƌĞƚŚĂƚƚŚĞLJůĞĂƐĞƚŚĞŝƌůĂŶĞƉŽŽůLJĞĂƌͲ
ƌŽƵŶĚƚŽƐĞǀĞƌĂůƐǁŝŵƚĞĂŵƐĨŽƌƐĐŚŽŽůͲĂŐĞĚĐŚŝůĚƌĞŶƚŚĂƚĚĞŵĂŶĚƐƚĂƌƚͬƐƚŽƉƚŝŵĞƐĂƌŽƵŶĚƉĞĂŬŚŽƵƌƐĂƐǁĞůůĂƐ
ŚŽƐƚŝŶŐůĂƌŐĞƐǁŝŵŵĞĞƚƐǁŝƚŚƐĞǀĞƌĂůϭϬϬƐǁŝŵŵĞƌƐĂƚĂƚŝŵĞŽŶǁĞĞŬĞŶĚƐ͘ĂƐĞĚŽŶƚŚŝƐ͕/ǁŽƵůĚƐƚƌŽŶŐůLJ
ƌĞĐŽŵŵĞŶĚĂd/ďĞƌĞƋƵŝƌĞĚƚŽďĞƚƚĞƌƵŶĚĞƌƐƚĂŶĚƚŚĞŝƌƚƌĂĨĨŝĐŝŵƉĂĐƚƐƐŝŶĐĞƚŚĞƌĞĂƌĞŵƵůƚŝƉůĞƵƐĞƐĨŽƌƚŚŝƐĨĂĐŝůŝƚLJ͘
ŶŽƚŚĞƌŝŵƉŽƌƚĂŶƚŶŽƚĞŚĞƌĞ͕EKdǁŝůůŶŽƚďĞŝƐƐƵŝŶŐĂŶLJƉĞƌŵŝƚƐĨŽƌƚŚŝƐƉƌŽũĞĐƚďĞŝŶŐƚŚĂƚŝƚŝƐĂŶĞdžŝƐƚŝŶŐƐŝƚĞĂŶĚ
ĂůůǁŽƌŬŝƐŝŶƚĞƌŶĂů͘dŚĞƌĞĨŽƌĞ͕ŽƵƌĐŽŵŵĞŶƚƐĂƌĞŵŽƌĞĂĚǀŝƐŽƌLJ͕ďƵƚƐƚƌŽŶŐůLJƵƌŐĞKƌĂŶŐĞŽƵŶƚLJƚŽĐŽŶƐŝĚĞƌŝŶĐůƵĚŝŶŐ
ƚŚĞŵŝŶƚŚĞĂƉƉƌŽǀĂůŽĨĞŝƚŚĞƌƚŚĞŝƌƉĞƌŵŝƚŽƌƐŝƚĞƉůĂŶ͘WůĞĂƐĞůĞƚŵĞŬŶŽǁŝĨLJŽƵŚĂǀĞĂŶLJƋƵĞƐƚŝŽŶƐŽƌĐŽŶĐĞƌŶƐǁŝƚŚ
ƚŚĞƐĞĂďŽǀĞĐŽŶĚŝƚŝŽŶƐ͘
dŚĂŶŬƐ
John Sandor, PE
District Engineer
Division 5, District 2 Office
North Carolina Department of Transportation
919 220 4750 office
jesandor@ncdot.gov
815 Stadium Drive
CS # 17-27-03
Durham, NC 27704
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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&ƌŽŵ͗DŽůůLJŽLJůĞфŵďŽLJůĞΛŽƌĂŶŐĞĐŽƵŶƚLJŶĐ͘ŐŽǀх
^ĞŶƚ͗dƵĞƐĚĂLJ͕KĐƚŽďĞƌϭ͕ϮϬϭϵϭ͗ϰϮWD
dŽ͗^ĂŶĚŽƌ͕:ŽŚŶ фũĞƐĂŶĚŽƌΛŶĐĚŽƚ͘ŐŽǀх
^ƵďũĞĐƚ͗ džƚĞƌŶĂůZĞƋƵĞƐƚĨŽƌEKdŽŵŵĞŶƚƐŽŶ^hWϭϵͲϬϬϭϮ
hd/KE͗ džƚĞƌŶĂůĞŵĂŝů͘ŽŶŽƚĐůŝĐŬůŝŶŬƐŽƌŽƉĞŶĂƚƚĂĐŚŵĞŶƚƐƵŶůĞƐƐLJŽƵǀĞƌŝĨLJ͘^ĞŶĚĂůůƐƵƐƉŝĐŝŽƵƐĞŵĂŝůĂƐĂŶĂƚƚĂĐŚŵĞŶƚƚŽ
ƌĞƉŽƌƚ͘ƐƉĂŵΛŶĐ͘ŐŽǀ
,ĞůůŽ:ŽŚŶ͗
dŚĞWůĂŶŶŝŶŐĞƉĂƌƚŵĞŶƚŚĂƐƌĞĐĞŝǀĞĚƚŚĞƐŝƚĞƉůĂŶƌĞǀŝƐŝŽŶƐĨŽƌƚŚĞ,ŽůůŽǁZŽĐŬZĂĐƋƵĞƚĂŶĚ^ǁŝŵůƵď͘ĨŝƌƐƚ
ƌĞǀŝĞǁĞĚƚŚŝƐŝƚĞŵŽŶƵŐƵƐƚϭϱƚŚ͕ĂŶĚƚŚĞLJ͛ǀĞƌĞǀŝƐĞĚƚŚĞƐŝƚĞƉůĂŶďĂƐĞĚŽŶƚŚŽƐĞĐŽŵŵĞŶƚƐ͘dŚĞĐƵƌƌĞŶƚ^ƉĞĐŝĂůhƐĞ
WĞƌŵŝƚ;^hWͿĂƉƉůŝĐĂƚŝŽŶŝƐĨŽƌƚŚĞůĂŶĚƵƐĞĂƉƉƌŽǀĂů͘/ĨƚŚĞLJŐĞƚƚŚĞ^hW͕ƚŚĞŶƚŚĞLJǁŝůůĂƉƉůLJĨŽƌŶŽŶͲƌĞƐŝĚĞŶƚŝĂůƐŝƚĞ
ƉůĂŶƌĞǀŝĞǁĂŶĚĚĞǀĞůŽƉŵĞŶƚƉĞƌŵŝƚƐĂĨƚĞƌƚŚĂƚ͘
/͛ǀĞĂƚƚĂĐŚĞĚƚŚĞƌĞǀŝƐĞĚƐŝƚĞƉůĂŶĂŶĚƚŚĞŽƌŝŐŝŶĂůŶĂƌƌĂƚŝǀĞĨŽƌƚŚŝƐƉƌŽũĞĐƚ͕ǁŚŝĐŚŐŽĞƐďĞĨŽƌĞƚŚĞŽĂƌĚŽĨĚũƵƐƚŵĞŶƚ
ƚŚŝƐŵŽŶƚŚ͘dŚĞƉĂĐŬĞƚƚŽƚŚĞďŽĂƌĚŶĞĞĚƐƚŽŝŶĐůƵĚĞĐŽŵŵĞŶƚƐĨƌŽŵĂůůƌĞůĞǀĂŶƚĚĞƉĂƌƚŵĞŶƚƐĂŶĚĂŐĞŶĐŝĞƐ͕ŝŶĐůƵĚŝŶŐ
EKd͘EŽƚĞƚŚĂƚŝŶƚŚĞĂďƐƚƌĂĐƚƚŽƚŚĞďŽĂƌĚ͕WůĂŶŶŝŶŐƐĂLJƐƚŚĂƚƚŚĞ^hWŝƐƐƵĂŶĐĞĚŽĞƐŶŽƚĞdžĞŵƉƚƚŚĞĂƉƉůŝĐĂŶƚĨƌŽŵ
ŽďƚĂŝŶŝŶŐĂŶLJŶĞĐĞƐƐĂƌLJƉĞƌŵŝƚƐĨƌŽŵŽƚŚĞƌĂŐĞŶĐŝĞƐ͕ŝŶĐůƵĚŝŶŐEKd͕ďĞĨŽƌĞĚĞǀĞůŽƉŵĞŶƚďĞŐŝŶƐ͘
/ĨLJŽƵǁŽƵůĚ͕ƉůĞĂƐĞĚŽƚŚĞĨŽůůŽǁŝŶŐ͗
ϭ͘ ZĞǀŝĞǁƚŚĞƌĞǀŝƐĞĚƉůĂŶ͘
Ϯ͘ ^ĞŶĚŵĞĂŶĞŵĂŝůƚŚĂƚŝŶĐůƵĚĞƐƚŚĞĨŽůůŽǁŝŶŐ͗
Ă͘ ƐĞŶƚĞŶĐĞƐĂLJŝŶŐEKdŚĂƐŶŽŽďũĞĐƚŝŽŶƚŽƚŚĞƉƌŽũĞĐƚ͖
ď͘ dŚĞƌĞĂƐŽŶƐƚŚĞƉƌŽũĞĐƚƐŚŽƵůĚŶŽƚďĞĂƉƉƌŽǀĞĚ͖KZ
Đ͘ dŚĞĐŽŶĚŝƚŝŽŶƐƌĞƋƵŝƌĞĚĨŽƌEKdƚŽĐŽŶƐŝĚĞƌƚŚĞƉƌŽũĞĐƚĂĐĐĞƉƚĂďůĞ͘
WůĂŶŶŝŶŐŶĞĞĚƐĂƌĞƐƉŽŶƐĞďLJdŚƵƌƐĚĂLJ͕KĐƚŽďĞƌϯƌĚĂƚϱƉŵ͘/ĨLJŽƵŚĂǀĞĂŶLJƋƵĞƐƚŝŽŶƐ͕ƉůĞĂƐĞůĞƚŵĞŽƌWĂƚƌŝĐŬDĂůůĞƚƚ
ŬŶŽǁ;ƉŵĂůůĞƚƚΛŽƌĂŶŐĞĐŽƵŶƚLJŶĐ͘ŐŽǀ͖ϵϭϵͲϮϰϱͲϮϱϳϳͿ͘
dŚĂŶŬLJŽƵ͊
ͲDŽůůLJ
DŽůůLJŽLJůĞ͕DW͕K
WůĂŶŶĞƌ/
KƌĂŶŐĞŽƵŶƚLJWůĂŶŶŝŶŐΘ/ŶƐƉĞĐƚŝŽŶƐ
;ϵϭϵͿϮϰϱͲϮϱϵϵ
WƵƌƐƵĂŶƚƚŽEŽƌƚŚĂƌŽůŝŶĂ'ĞŶĞƌĂů^ƚĂƚƵƚĞϭϯϮ͕ĐŽƌƌĞƐƉŽŶĚĞŶĐĞƐĞŶƚĂŶĚƌĞĐĞŝǀĞĚĨƌŽŵƚŚŝƐĂĐĐŽƵŶƚŝƐĂƉƵďůŝĐƌĞĐŽƌĚ
ĂŶĚŵĂLJďĞĚŝƐĐůŽƐĞĚƚŽƚŚŝƌĚƉĂƌƚŝĞƐ͘
83
1
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration
(919) 245-2575
(919) 644-3002 (FAX)
www.orangecountync.gov
131 W. Margaret Lane
Suite 201
P. O. Box 8181
Hillsborough, NC 27278
August 27, 2019
Rob Emerson, RLA
Emerson Land Planning, PLLC
1202 N. Gregson Street
Durham, NC 27701
Michael Polasek
Hollow Rock Racquet and Swim Club, Inc.
5100 Erwin Road
Durham, NC 27707
DEVELOPMENT ADVISORY COMMITTEE (DAC) COMMENTS
FOR SUP19-0012 (HOLLOW ROCK)
Dear Mr. Emerson and Mr. Polasek:
On August 2, 2019, the Orange County Planning Department received your Class B Special Use
Permit (SUP) application proposing improvements to Hollow Rock Racquet and Swim Club
(Hollow Rock) at 5100 Erwin Road. The property is further described as follows:
Parcel Identification Number (PIN)0801-13-2925
Owner Hollow Rock Racquet and Swim Club, Inc.
Address 5100 Erwin Road, Durham, NC 27707
Acreage x +/- 9.29 acres in Orange County
x +/- 5.51 acres in Durham County
Zoning (in Orange County)x Rural Buffer (RB)
x Not in a protected or critical watershed
Special Use Permit Category Class B –Recreational Facility
The SUP application proposes the following improvements to the club:
x Renovations to the clubhouse, which would not alter the building footprint or height;
x Demolition of the wading pool and three fabric shade structures; and
x Construction of the following features:
o An accessible walk, ramp, and overhead canopy at the main entry;
o A 750 sq. ft. concessions building with a trellis; and
o A 675 sq. ft. open-air picnic shelter.
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Planning staff reviewed your application package in accordance with Section 2.7 of the Unified
Development Ordinance (UDO), presenting it to the Development Advisory Committee (DAC)
on August 15, 2019. The DAC offers the following comments:
Comments to Address Prior to Board of Adjustment Hearing:
1. Separate the existing conditions and site plan on two different sheets.
2. Show that the drive aisle has a two-way travelway and include sight distance triangles
for the access points on Erwin Road and Kerley Road.
3. Show existing sign locations.
4. Show dumpster locations and screening.
5. Add the following information from your narrative to the Project Data Summary chart
on the site plan:
a. Number of club members
b. Hours of operation
c. Finished Floor Elevations (FFEs) and building heights
d. Proposed setbacks
e. Impervious surface ratio (existing and proposed)
f. Floor Area Ratio (FAR)
g. Utility Providers (i.e.,Durham water and sewer)
h. Number of proposed parking spaces (even though the number is 0)
2. The scale on the site plan says 1” = 30’. However, the site plan measures out to 1” =
60’.
3. The site plan shows a 50’ stream buffer to the south, but this stream is not shown on
USGS quadrangle maps or in the Orange County Soil Survey. As such, you do not
need to show the stream or 50’ buffer on the Orange County portion of the site plan.
Our maps do show a jurisdictional stream on the western edge of the lot, which
requires a 65’ stream buffer measured from the top of bank on either side. If based on
your field work you think the stream maps are incorrect, please contact Steve
Kaltenbach, Erosion Control Officer II, to arrange for a Surface Water Identification
Test (919-245-2588).
4. Complete the enclosed Environmental Assessment (EA) form per Sections 2.7.3(B)(8)
and 6.16.3.
5. Submit a landscape plan in accordance with Section 6.8. Include a description of the
tree stands, including type (e.g., hardwood or evergreen, canopy or understory),
average height, and average diameter at breast height (DBH). Submitting a landscape
plan for the BOA will show compliance with Sections 2.7.3(B)(3) and 5.7.2(A)(6),
which will bolster your case.
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3
Comments to Address Prior to Non-Residential Site Plan Submittal
1. For Solid Waste, you will need to include standard Orange County Solid Waste
construction notes on the cover sheet. Please see the enclosed notes from Solid Waste.
2. The site plan proposes 29,500 sq. ft. of land disturbance, so you will need to submit an
Erosion Control Plan. You will not need a Stormwater Management Permit unless you
exceed 43,560 sq. ft. of land disturbance.
3. Building Inspections, the Fire Marshal, and NC DOT have not submitted any comments
on your project as of yet. I will send them as they come in.
After you have addressed these comments, please submit the revised site plan to the Planning
Department for further review. If you have any questions, please contact Patrick Mallett (919-
245-2577, pmallett@orangecountync.gov) or me (919-245-2599,mboyle@orangecountync.gov).
We will be happy to assist.
Sincerely,
Molly Boyle
Molly Boyle
Planner I
Orange County Planning and Inspections
CC: Michael Harvey, Current Planning Supervisor/Planner III
Pat Mallett, Planner II
Tyler Sliger, Planning Technician
File
Encl: Environmental Assessment Form
Notes from Solid Waste
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September 30, 2019
Ms. Molly Boyle
Orange County Planning & Inspections
131 West Margaret Lane
Hillsborough, NC 27278
Re: Hollow Rock Racquet & Swim Club
Special Use Permit
Dear Molly:
Below please find our written responses to the Development Advisory Committee Comments received to date for
the above referenced project. Our drawings are attached, revised to address the nine comments required prior to
the Board of Adjustment hearing. Please do not hesitate to contact me if you have any further questions or
comments.
Sincerely,
Robert W. Emerson, RLA
NC Registered Landscape Architect #961
DAC Comments
1. Separate the existing conditions and site plan on two different sheets.
à Separate Existing Conditions/Site Demolition Plan, Sheet SP2.0 has been added to the set.
2. Show that the drive aisle has a two-way travelway and include site distance triangles for the access points
on Erwin Road and Kerley Road.
à Drive aisle dimensions and site distance triangles have been added to SP2.0.
3. Show existing sign locations.
à Note, the existing signs are located in the Durham County portion of the site, and will be demolished
and replaced through Durham’s sign permit process. Sheet A4 showing proposed entry sign locations
and elevations has been added to the set for information only.
4. Show dumpster locations and screening.
à Existing dumpster locations (in Durham County portion of site) have been labeled on SP2.0.
5. Add the following information from your narrative to the Project Data Summary chart on the site plan:
a. Number of club members
b. Hours of operation
90
c. Finished Floor Elevations (FFEs) and building heights
d. Proposed Setbacks
e. Impervious surface ratio (existing and proposed)
f. Floor Area Ratio (FAR)
g. Utility Providers (i.e. Durham water and sewer)
h. Number of proposed parking spaces (even though the number is 0)
à Information has been added to the Cover Sheet.
6. The scale on the site plan says 1”=30’. However the site plan measures out to 1”=60’
à Site Plan scale has been corrected.
7. The site plan shows a 50’ stream buffer to the south, but this stream is not shown on USGS quadrangle
maps or in the Orange County Soil Survey. As such, you do not need to show the stream or 50’ buffer on
the Orange County portion of the site plan.
Our maps do show a jurisdictional stream on the western edge of the lot, which requires a 65’ stream
buffer measured from the top of bank on either side. If based on your field work you think the stream
maps are incorrect, please contact Steve Kaltenbach, Erosion Control Officer II, to arrange for a Surface
Water Identification Test (919-245-2588).
à The stream buffers have been removed from the channel parallel to Old Erwin Road and added to the
feature in the northwest corner of the site. Per our correspondence, this feature is not subject to the
65’ buffers, but only to the 50’ buffers specified by the State.
8. Complete the enclosed Environmental Assessment (EA) form per Sections 2.7.3(B)(8) and 6.16.3.
à Completed EA form is attached.
9. Submit a landscape plan in accordance with Section 6.8. Include a description of the tree stands,
including type (e.g., hardwood or evergreen, canopy or understory), average height, and average
diameter at breast height (DBH). Submitting a landscape plan for the BOA will show compliance with
Sections 2.7.3(B)(3) and 5.7.2(A)(6), which will bolster your case.
à No new plantings are proposed at this time. Descriptions and locations of existing tree stands and
locations, sizes, and species of specimen hardwood trees 18” DBH and larger have been added to the
Existing Conditions Plan.
10. The county’s RRMO will apply to that portion of the project located in Orange County (which is the
majority of the proposed new construction.) As such, the standard OCSW construction notes must be
added to the cover sheet (SP-1) of the plans.
à Orange County Solid Waste construction notes have been added to Sheet SP-1.
91
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FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO
A REQUEST SUBMITTED BY HOLLOW ROCK RACQUET AND SWIM CLUB, INC. PROPOSING
TO EXPAND AN EXISTING RECREATIONAL FACILITY AT 5100 ERWIN ROAD CALLED
“HOLLOW ROCK RACQUET AND SWIM CLUB”
PARCEL IDENTIFICATION NUMBER (PIN): 0801-13-2925
In accordance with Section 2.7 Special Use Permits and 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 and operation of a Recreational Facility. Such permits shall comply with general and
specific standards as set forth in UDO Sections 5.3.2 and 5.7.2.
UDO Section 5.3.2 (A) (2) 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 compliant with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Sections 2.2 and 2.7 of the UDO.
(2) Specific regulations governing the development of a Recreational Facility as set forth in
Section 5.7.2 of the UDO.
(3) The general findings outlined within Section 5.3.2 (A) (2).
(4) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
i. Sewage disposal facilities, solid waste, and water;
ii. Police, fire, and rescue squad protection; and
iii. Vehicular access to the site and traffic conditions around the site.
Listed below are the findings of the Orange Planning staff regarding the subject 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
x Location
x Appearance
x 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) 10 Copies of Site Plan Submitted Yes
Preliminary Subdivision Plat (if
necessary)
2.7.3(B)(5) N/A - Staff has determined the project
does not include a subdivision. As a
result a plat is not required.
N/A N/A
List of parcels within 1,000 feet 2.7.3(B)(6) Application (Attachment 2)
Yes
Elevations of all structures 2.7.3(B)(7) Application (Attachment 2) (Site Plan)
Yes
Environmental Assessment (or EIS)
x Topography
x Drainage issues
x Natural or Cultural resources
x Mining
x Hazardous Wastes
x Wastewater treatment
x 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)
The club is a non-conformity dating back
to 1971. The vast majority of the club’s
facilities already exist. They are proposing
a new shelter, modifications to the
clubhouse entryway, and a 750 sq. ft.
concessions building. The applicant would
apply for development permits for these
modifications at the same time (no
phasing).
Yes
Extended Vesting Request 2.7.3(B)(11) Not requested N/A N/A
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REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
NOTIFICATION REQUIREMENTS
Public Notice
x Date
x Time
x Place
2.7.5 and
2.12.6
NIM and BOA Materials (Attachment 3) Yes
Published in Newspaper
x Two successive weeks
x First notice at least ten days
prior but no more than twenty-
five days prior
2.12.6(A) Staff Testimony
The legal ad for the BOA Public Hearing
was published in the News of Orange and
the Herald Sun on Oct. 2nd and Oct. 9th.
Yes
Sign Posting on Property (at least 10
days prior)
2.7.5(D) and
2.12.6(C)
Staff Testimony
Posted NIM sign on August 19, 2019
Posted BOA sign on September 27, 2019
Yes
Mailed Notice
x First Class Mail
x All adjacent property owners (within
1,000 feet)
x For NIM, at least 14 days prior to
meeting date
x For BOA, at least 10 days prior to
hearing (no more than 25 days)
2.7.5(C) and
2.12.6(B)
NIM and BOA Materials (Attachment 3)
NIM notices mailed August 15, 2019
BOA Public Hearing notices mailed
September 27, 2019
Yes
REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
SPECIFIC STANDARDS
Waste Disposal
Method and adequacy of provision for
sewage disposal facilities, solid waste
and water.
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 Marshal and Sheriff’s offices have
indicated that they have no concerns.
Yes
Vehicle Access
Method and adequacy of vehicular
access to the site and traffic conditions
around the site.
5.3.2(B)(3) Staff’s Abstract and Staff Comments
(Attachment 4) (Site Plan)
NCDOT District Office has indicated
comments to be addressed at site plan
review and/or driveway permit approval.
Yes
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REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
STANDARDS FOR RECREATIONAL FACILITIES 5.7.2
Site Plan
A site plan prepared in accordance with
Section 2.7 and Standards for
Recreational Facilities.
2.5 and
5.7.2(C)(1)(a)
Application (Attachment 2) (Site plan)
Yes
Standards of Evaluation (Class B SUP)
x A description of the type of
facility, amount of area, and
number of members
x Access, parking, service, and
recreation areas
x Plans with elevations
x A landscape plan
x A signed statement from the
owner saying the use will not
have adverse effects on
adjacent properties
5.7.2(C)(2) Application (Attachment 2) (Site plan)
Yes
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REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA
GENERAL 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:
x Narrative;
x Environmental Assessment
(EA) Application; and
x 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:
x Narrative;
x Staff abstract; and
x Staff Review comments
(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:
x Narrative;
x Environmental Assessment
(EA) Application;
x Site Plan;
x Site Assessment
(Attachment 1); and
x 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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CONDITIONS OF APPROVAL:
1. In accordance with the provisions of Sections 5.2 Table of Permitted Uses and 5.7.2
Recreational Facilities of the UDO, activities allowed to occur on the property shall be
in accordance with the submitted application package, site plan, and narrative as
reviewed by the Orange County Board of Adjustment on October 14, 2019. Furthermore,
the site plan shall be updated and included as part of the site plan submittal for
development permits;
2. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. Ensure the proposed use is in harmony with the general area as required in
Section 5.3.2 (A) (2) (c)
of the UDO, all lighting installed on the property shall comply with the provisions of
UDO Section 6.11. Under no circumstances may lighting levels exceed 0.1 foot-
candles at any property line. No new outdoor on-site lighting will be located within 100’
of the property boundaries as depicted on the submitted site plan.
3. In order to:
a. Promote the public safety as required in Section 5.3.2 (B) (2);
b. Ensure viable vehicular access as required in Section 5.3.2 (B) (3); and
c. Ensure compliance with the site plan submittal requirements of
Section 2.5
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, and submittal requirements for
Recreational Facilities, specific standards of evaluation for Recreational Facilities, and required regulations as
outlined within the UDO.
Staff has not received any evidence indicating the project fails to comply with the UDO, including the provisions of
Section 5.3.2 (A) (2) inclusive, to establish 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
Recreational 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:
104
of the UDO, the applicant shall submit the site plan, with existing and projected
vehicular trip generations, to the NC Department of Transportation (NC DOT) prior to
the commencement of earth disturbing activity.
4. In order to promote the public health, safety, and general welfare as required in
Section 5.3.2 (A) (2) (a) of the UDO, the applicant shall obtain any required
permits through Orange County Erosion Control and Stormwater consistent with the
provisions of the UDO.
5. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. Ensure the proposed use is in harmony with the general area as required in
Section 5.3.2 (A) (2) (c)
of the UDO, the property shall continue to screen itself from adjacent parcels in
accordance with the submitted site plan and Section 6.8.7 of the UDO. Screening
options include, but are not limited to, fences, nets, berms, and vegetation.
6. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a);
b. Ensure adjacent property values are maintained or enhanced as required in
Section 5.3.2 (A) (2) (b); and
c. Ensure the proposed use is in harmony with the general area as required in
UDO Section 5.3.2 (A) (2) (c)
of the UDO, no amplified sound will be permitted on-site between the hours of 12:00am
– 7:00am.
7. In order to:
a. Promote the public health, safety, and general welfare as required in Section
5.3.2 (A) (2) (a); and
b. Ensure adjacent property values are maintained or enhanced as required in
U D O Section 5.3.2 (A) (2) (b),
a n e xis t in g old well on the Orange County portion of the club property will be
abandoned and a new well will be drilled consistent with the issued well permit from
Orange County Environmental Health.
8. Consistent with the provisions of 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;
b. Environmental Health Permit;
c. Erosion Control Management Permit;
d. Stormwater Permit; and
e. Zoning Compliance Permit.
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9. 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.
10. 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.
106