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BOA agenda 021020
PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 AGENDA ORANGE COUNTY BOARD OF ADJUSTMENT WHITTED MEETING FACILITY 300 West Tryon Street HILLSBOROUGH, NORTH CAROLINA February 10, 2020 7:00 p.m. No. Page(s) Agenda Item 1. CALL TO ORDER 2. CONSIDERATION OF ADDITIONS TO AGENDA 3. APPROVAL OF MINUTES x December 9, 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 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: 1.A-1-20 –Quasi-judicial hearing to review a Variance Application requesting a 20’ reduction to the required front building setback from the McCauley Lane right-of-way. In accordance with UDO Sections 2.10 Variances and 3.3 Residential Districts, the property owners have submitted this variance request for their parcel of property, which is further described as follows: x Parcel Identification Number (Orange County):9759-90-1519 x Acreage:2.21 acres x Zoning District: Rural Buffer x Watershed Designation: University Lake Protected Watershed The applicants are requesting a 20 ft. variance from the normally required 40 ft. front yard setback. If approved, a structure will be allowed to be 20 ft. from the edge of the McCauley Lane right-of-way versus the typically required 40 ft. front yard setback per Section 3.3 of the UDO. The applicants argue the existing road right-of-way, and location of the necessary septic system, prevent them from complying with the required 40 ft. front yard setback. The topography of the lot also limits their options with respect to where the proposed residence can be located and still conform with applicable land use regulations and Environmental Health standards with respect to the location of the required septic system. 2.A-2-20 –Evidentiary hearing to review a Class B Special Use Permit application for a recreational facility on Atkins Road in the Cedar Grove Township. In accordance with UDO Sections 2.7 Special Use Permits, 5.2 Table of Permitted Uses, 5.3.2 Special Uses, and 5.7.2 Recreational Facilities, the applicants have submitted a Class B Special Use Permit (SUP) application for a parcel on Atkins Road, which is further described as follows: x Parcel Identification Number:9829-93-4847 x Acreage:68.78 acres x Zoning District:Agricultural Residential (AR) x Watershed Designation:Back Creek Protected The applicants are proposing an outdoor recreational facility for lacrosse league practice and tournaments. If approved, the facility will include the following features: x 6 grass lacrosse fields; x 281 parking spaces (72 paved and 209 gravel); and x A 100’ wide vegetative buffer to screen the fields from adjacent properties. The applicant is not proposing any outdoor lighting or permanent restroom facilities (i.e., septic systems). With no lighting, the facility would operate during daylight hours only. 6. ADJOURNMENT IF UNABLE TO ATTEND THIS MEETING, PLEASE CALL THE PLANNING DEPARTMENT (NUMBERS LISTED BELOW –PRESS 1 PLUS EXTENSION 2575 OR 2585). STAFF CAN THEN DETERMINE IF A QUORUM WILL BE PRESENT FOR THE MEETING. HILLSBOROUGH –(919) 732-8181 ; MEBANE –(919) 227-2031 CHAPEL HILL –(919) 967-9251 ; DURHAM –(919) 688-7331 Draft 12.9.19 1 MINUTES1 BOARD OF ADJUSTMENT 2 REGULAR MEETING 3 December 9, 2019 4 5 MEMBERS PRESENT: Susan Halkiotis 6 Barry Katz 7 Leon Myers (Alternate) 8 Randy Herman 9 10 MEMBERS EXCUSED: Samantha Cabe, Chair11 12 STAFFPRESENT:Michael Harvey, Planner III 13 James Bryan, Staff Attorney 14 15 16 AGENDA ITEM 1: CALL TO ORDER 17 18 19 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 20 21 Michael Harvey: Board members, if you will allow me to interrupt at this point in the proceedings, please be advised 22 that Chair Cabe cannot be here this evening due to an illness. The first order of business we have to accomplish this 23 evening is to elect a new Vice Chair before we take any further action. 24 Susan Halkiotis nominated Randy Herman as the new Vice Chair. 25 Michael Harvey: Are there any other nominees? 26 Michael Harvey: As there do not appear to be any other nominees do we have a motion to make Mr. Herman the new 27 Vice Chair for the Board of Adjustment. 28 Motion was made by Susan Halkiotis, seconded by Leon Meyers, to make Randy Herman the new Vice Chair. There 29 was no further discussion and the motion passed unanimously. 30 31 AGENDA ITEM 3: APPROVAL OF MINUTES – October 14, 2019 32 33 Leon Meyer: If the Board will allow, I would like to make a motion to move the minutes to after we conduct the public 34 hearing. With the number of people here tonight we should delay action on the minutes until the public hearing is 35 concluded.36 37 The motion was seconded by Barry Katz. There was no further discussion and the motion was approved unanimously. 38 The agenda was amended making the minutes Agenda Item 5-A. 39 40 AGENDA ITEM 4: PUBLIC CHARGE 41 42 Randy Herman read the public charge.43 44 The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to 45 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time 46 should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending 47 Draft 12.9.19 2 person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the 1 Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All 2 electronic devices such as cell phones, pagers, and computers should please be turned off or set to 3 silent/vibrate.4 5 The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of 6 local regulations and State law to perform specified functions essential to the County’s planning program. 7 Action(s) taken by the board are based solely on competent, substantial, and material evidence presented during 8 a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the 9 UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: ‘incompetent, 10 irrelevant, immaterial, or unduly repetitious’ and therefore fails to reasonably address the issues before the Board 11 of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that 12 the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of 13 decorum to ensure a fair and equitable hearing for all parties. 14 15 AGENDA ITEM 5: A-2-19 – Public Hearing reviewing the Appeal of a decision concerning a parcel of property 16 located at 1019 US Highway 70 West (PIN 9865-30-9692). 17 In accordance with the provisions of Section 2.11 and 2.26 of the Orange County Unified Development 18 Ordinance (UDO) the applicants have appealed a decision of the Planning Director, as articulated within an 19 August 9, 2019 letter. 20 The determination is related to a flag displayed at 1019 US Highway 70, further identified utilizing Orange 21 County Parcel Identification Number (PIN) 9865-30-9692, owned by Robert and Dorothy Hall Jr zoned 22 Agricultural Residential (AR).23 Staff determined the flag exceeded the 24 sq.ft. size limit, as detailed in Section 6.12.12 (A) (1) of the UDO, for a 24 residentially zoned parcel of property. The applicants allege they will suffer damages from the enforcement of 25 the UDO, specifically the limit on the size of flags that can be displayed within a general use residential zoning 26 district, and request relief. 27 James Bryan: If I may, as the meeting has been called to order it would be appropriate to swear in all witnesses. 28 29 Michael Harvey administered the oath. 30 31 James Bryan: Mr. Harvey if you would like to go ahead and present the evidence from staff. 32 33 Michael Harvey reviewed staff’s abstract outlining the background and nature of the appeal. He then asked for staff’s 34 abstract and the 2 attachments, including the appeal application submitted by Robert and Dorothy Hall Jr. (Attachment 35 1) and staff’s Board of County Commissioner abstract package from the May 25, 2018 public hearing (Attachment 2) be 36 entered into the record. 37 38 Randy Herman: Yes, I will accept it into the record. 39 40 Michael Harvey: As detailed in the abstract on May 15, 2018 the Orange County Board of Commissioners adopted 41 regulations in Section 6.12.12 of the Orange County Unified Development Ordinance (UDO) governing the size and 42 display of flags. In residential zoning districts, regulations established a three flag limit and one flagpole limit with flags43 no larger than 24 sq.ft. in area. In all other non-residential zoning districts there can be up to three flags and three 44 flagpoles with the maximum size of 96 sq.ft. per flag. An amortization policy adopted at that time gave all legally 45 erected flags, again erected prior to the adoption of the ordinance on May 15, 1028, one year to come into compliance 46 with the UDO. May 15, 2019 marked the end of the amortization period, and staff began countywide inspections to 47 ascertain if property owners were in compliance with the applicable flag size limit standards. There were 12 identified 48 violators and letters were sent out on August 9, 2019 to those property owners informing them their flags were 49 Draft 12.9.19 3 considered to be noncompliant. With respect to the Hall property, specifically 1019 US 70 West in the Hollsborough 1 Township of the County, staff determined that the flag was larger than 24 sq.ft. As we reference within the abstract, 2 staff based this determination on the following: a zoning compliance permit was issued in January of 2018 to allow for 3 the erection of a 60 ft. flagpole. I will note for the record, we did not require nor did we ask the size flag that would’ve 4 been erected as there were no regulations in place limiting the size of flag at that time. As detailed on page 15 of the 5 abstract, staff observed the flag without a breeze meaning it was lying flat against the pole. Staff estimated the flag to 6 be approximately 25 ft., or roughly half the size of the pole. Upon completing research, staff surmised the width of the 7 flag against the actual pole itself to be approximately 15 ft. thereby deducing that the flag at 1019 US Highway 70 W. 8 was approximately 375 sq.ft. in area. The property owner, Mr. Hall, was given until September 9th to either replace the 9 nonconforming flag with a 24 sq.ft. flag or appeal staff determination to the Orange County Board of Adjustments. In 10 reviewing this request, I will remind the Board that while this is a public meeting, participation is limited to those 11 individuals with standing. In the appeal application, page 29, the applicant admits the flag is larger than 24 sq.ft. 12 confirming staff’s determination as articulated in our August 9th letter. I will remind the Board you do not have the 13 authority to review or otherwise reverse the decision made by the County Commissioners to amend the UDO and 14 establish regulations governing the allowable size of a flag. Per Section 2.26.5 of the UDO, legislative decisions made 15 by the BOCC are subject to review at the request of any aggrieved party to Superior Court. This appeal must be filed 16 within one year from the date of adoption of the ordinance in dispute. As a reminder, per Section 2.26.4 of the UDO, all 17 decisions made by this Board (Board of Adjustment) are subject to review at the request of any person with standing as 18 detailed in the NC General Statute 160A-393 by Superior Court. This appeal must be filed within 30 days of the 19 availability and notice of decision in accordance with the UDO. We are obligated to give the applicant a formal notice 20 in writing via certified mail of the Board’s decision within five business days. To summarize, staff has articulated how 21 we arrived at the determination that the flag was larger than 24 sq.ft. and it is our contention that the actual appeal 22 application supports our determination as referenced within the notice of violation. The only responsibility you have is 23 to ascertain whether or not staff erred in rendering that determination, specifically if the flag is larger than 24 sq.ft. in 24 area. It is not your place to review and appeal the County Commissioners’ decision as was made on May 15, 2018. 25 That is the purview of the court system. With that be more than happy to answer any questions. 26 27 Randy Herman: Do the members of the Board have any questions? 28 29 Leon Myers: Just a clarification about the extent of the violation. As I understand, both the height and the position of 30 the pole represent a violation of the current ordinance. 31 32 Michael Harvey: The height of the existing pole does represent a violation of current regulations, but as we articulate 33 within this abstract, and in Attachment 2, the height of flag poles were not part of the amortization policy adopted by the 34 County Commissioners. As the pole was legally erected, it is allowed to remain as a 60 ft. tall pole. It is not to be 35 removed, altered, or lowered. If an act God takes to pole down, it can only be re-erected in compliance with the 36 ordinance. 37 38 Leon Myers: Thank you. 39 40 Randy Herman: Any other questions from Mr. Harvey? (none) 41 42 Constance Lowe: Good evening, I represent Robert Hall. Before agreeing to take this case, I wanted to make it clear 43 that he had actually applied for and received a permit to erect a sixty foot or sixty-three foot flagpole on his property and 44 did lawfully obtain a permit. We asked him if when he went down to get the permit if he mentioned what type of flag he 45 would put up. And he said, yes. After hearing that other attorneys were reluctant to take this case because of the type 46 of flag that he had, I decided to take it. 47 48 Randy Herman: Please state your name for the record. 49 50 Draft 12.9.19 4 Constance Lowe: My name is Constance Gergen Lowe; I am an attorney in Hillsborough. I have an office down on King 1 Street. I often work with clients who often can’t afford adequate representation, or in Mr. Hall’s case, have a concern 2 that needs to be addressed. In this case, I think his constitutional rights need to be addressed. Specifically, he’s flying a 3 flag on private property. It’s not a flag you can readily see unless you are looking for it. I have downloaded a video I 4 took of it while driving on Highway 70. You can see the flag coming down Highway 70 westbound, but going down 5 Highway 70 eastbound, you can’t really see it. It got me to thinking especially with the flow of traffic in that area: How 6 many people are going to be looking up over there to see a flag? I heard a comment in the news, on WRAL, from a 7 young lady stating what the flag represented to her. It made her afraid. Of all the people I know who you would not 8 think that they would put a flag up like that and have, in my estimation it doesn’t embody any of the things that most 9 people associate with a confederate flag. In this case, (inaudible). Mr. Hall is a very soft spoken (inaudible). The flag 10 wasn’t placed for a dramatic effect on the public. It was so he could see it from his house and appreciate it for whatever 11 purpose he wanted to. To me, this is not a case about confederacy, slavery, or anything like that. To me, this is a case 12 about a man who has spent over $2,000 to put up wide enough flagpole and to erect a flag on it. Then not even three 13 months after the flag was erected, there were discussions and County Commissioner meetings about how hateful the 14 flag is, how hateful it is, and how it will cause safety problems. In my research, I haven’t seen any negative impact on 15 Orange County’s economy. Likewise, I asked my legal assistant to call safety patrol people to find out how many 16 accidents there had been down on that stretch of 70 since my client’s flag went up and she reported they said zero. I 17 don’t see a safety issue or a dramatic impact with the flag. (Inaudible). My client has already been sworn in. I don’t 18 know if I ask him questions or if you would like to question him first? 19 20 Randy Herman: You can question him. 21 22 Constance Lowe: Before I ask Mr. Hall a question, I do want to point out from a legal standpoint – and I have already 23 explained to Mr. Hall that there is a good chance we may be going to court on this. Whether or not the justification and 24 rationalization for the ordinance meets a component of government interest. My argument would be that the justification 25 for this ordinance was because of my client’s flag. There was even a newspaper interview with Orange County 26 Planning Director Craig Benedict done in May of 2018 where Mr. Benedict was asked specifically if the proposed 27 changes that the County were looking to adopt (flag size limits and flagpole height limits) in direct response to this large 28 confederate flag that went up on my clients property. Mr. Benedict said, yes, it was. Mr. Benedict went on to indicate 29 there was a concern that we should have flag regulations and the County wanted to have regulations no matter the type 30 of flag, focusing on limiting flags to 24 x 24 feet in area. 31 32 Randy Herman: If I may, Ms. Lowe, we try not to be too strict about rules of evidence in the Board of Adjustment, but I33 would ask you to try to refrain from reading hearsay statements into the record and stick with the evidence of the 34 witnesses that you have. 35 36 Constance Lowe: Thank you. I will. 37 38 Michael Harvey: One point of clarification, it’s a 24 sq.ft. flag limitation not 24x24 ft. flag limitation. Six by four is the39 typical dimension for a 24 sq.ft. flag. 40 41 Constance Lowe: I’m sorry, six by four. 42 43 Michael Harvey: Just making sure. 44 45 Constance Lowe: That makes it even more odd to put up a small flag on a really large flagpole. I do have three 46 exhibits. This exhibit is the zoning compliance permit for residential submitted back on January 31, 2018. The second 47 exhibit I’m presenting is the $30 zoning compliance permit. The third exhibit I have is the cost of putting up the flagpole 48 itself. At this time I would like to call my first witness, Mr. Randy Hall Jr. Please state your full name for the record and49 your address? 50 Draft 12.9.19 5 Robert Hall: Robert Douglas Hall Jr., my address is 1019 US Highway 70 W. in Hillsborough. 1 2 Constance Lowe: How long have you been living at that address? 3 4 Robert Hall: Pretty much all my life. My mother’s house is on the same property where I grew up, and then I moved 5 over to the farmland. We built a house on the farmland; I’ve been there almost 60 years.6 7 Constance Lowe: How large is your land? 8 9 Robert Hall: The land is close to four acres. 10 11 Constance Lowe: When did you get the idea of putting up a large flag on your property? 12 13 Robert Hall: When they started trying to do away with history and decided to take the Confederate memorial letters off 14 of the library. My land is private property, and I can put a memorial on my private property if they were going to do 15 away with that to remember our history and ancestors that fell and died in that war. 16 17 Constance Lowe: When you decided where to put the flag, what motivated you to put it where you did, besides the 18 setback restrictions? 19 20 Robert Hall: You have the setback restrictions on there and there is a pond. I had to stay out of the wet area and this 21 through here is where the water flows through into that pond. 22 23 Constance Lowe: I am going to hold this up so they can see which page we are talking about. He’s talking about this 24 first graphic page I believe first page of Exhibit 1. 25 26 Robert Hall: I had to stay out of the setback. The lines that they drew are my setback as to where I could put the flag. I 27 did the $30 fee to do a lot assessment to determine where my septic tank is. The septic tank is in the front of the house 28 and the line runs down to the pasture, so that is the best spots on the property to put the flag to stay out of the wetland. 29 30 Constance Lowe: So this corner down here? 31 32 Robert Hall: Yes, ma’am. 33 34 Barry Katz: We can’t see that. 35 36 Constance Lowe: Here’s his house. His septic field runs down to here. The area here is pasture land and a pond. 37 38 Barry Katz: Where’s the flag? 39 40 Constance Lowe: The flag is right in here. He is saying this was the best place to put it. 41 42 Barry Katz: It was just too low to see. 43 44 Constance Lowe: When did the flag go up? 45 46 Robert Hall: It was April 28. 47 48 Constance Lowe: 2018? 49 50 Draft 12.9.19 6 Robert Hall: Yes, ma’am. 1 2 Constance Lowe: Did you get any complaints from your neighbors about the flag or anybody nearby.3 4 Robert Hall: No, I haven’t. 5 6 Constance Lowe: What was the first indication that you got that that flag was a problem? 7 8 Robert Hall: Mainly in the news about creating an ordinance to see what they could do to make me take it down after I 9 legally obtained a permit. When I went to get the permit, we discussed the height of the pole. The commissioner told 10 me there were no restrictions. We talked about a sizable flag to which they said there was no restrictions and asked if 11 once we got the permit if there anything that could be done to make us have to take the pole and flag down. They said 12 that as long as we started within one year that there was nothing they could do to null the permit. Everything was done 13 within the year. It was a lot of money to invest for them to try to tell me I have to take it back down. 14 15 Constance Lowe: How much money would you say you’ve spent on the flag itself? 16 17 Robert Hall: About $500 wholesale. 18 19 Constance Lowe: So in addition to the $9,000 referenced in Exhibit 3 and the $30, how much did you have to pay to 20 appeal the Board’s decision?21 22 Robert Hall: $340 for the appeal to which they $1,000 for an advertising fee. 23 24 Constance Lowe: How much have you spent in legal fees doing the appeal and with my being here tonight? 25 26 Robert Hall: $2,400 for attorney’s fees 27 28 Constance Lowe: What would you like to see happen tonight? 29 30 Robert Hall: It should be grandfathered in because it was existing before they started any rules or ordinances against it 31 and grandfathered in because it’s going against my First Amendment rights. They are going to take my freedom of 32 expression away on my own private property after I did everything legally. I obtained by permits legally and questioned 33 it when I got my permits. They said it was no problem then then changed their mind after the fact. If I can get a permit 34 to build my house and they change the zoning ordinance, I do not have to make my house to compliance. It’s already 35 grandfathered in, and this should be the same thing.36 37 Constance Lowe: What do you say to the people who are bothered by the flag? 38 39 Robert Hall: You can be bothered by the content of anything if you want to be bothered. You can be bothered by the 40 United States flag if you want to be bothered, because people have used it to do things that should have been done. 41 You cannot judge the content of the flag just on what your perception of it is. There is nobody alive now that was alive 42 in the Civil War era, so they do not have any idea what it was less a study their history books to see what it actually 43 says about it in history. 44 45 Constance Lowe: Do you have any questions? 46 47 Randy Herman: Any questions? 48 49 Draft 12.9.19 7 Constance Lowe: One question for clarification about the hearsay issue. I noticed in the Board meeting agenda which 1 I’m assuming is this 84 page document. Am I to understand that the documents that are in here where people are 2 quoted making statements, are those to be considered hearsay and not admissible because they are in the agenda that 3 was distributed earlier today? 4 5 Barry Katz: We don’t make that packet. 6 7 Constance Lowe: Mr. Harvey, are the statements that people recorded in making the exhibits that were submitted with 8 Mr. Hall’s petition -- 9 10 Randy Herman: As I said, the Board isn’t governed by strict rules of evidence, so we can allow some hearsay evidence 11 if we determine it to be germane. It is going to limit the extent to which we consider that evidence in making our 12 decision.13 14 Constance Lowe: Okay. Well, I will refer everyone to the agenda document. I’m looking at an article that was 15 submitted as Exhibit D2 to Mr. Hall’s petition starting on page 38. There are quotations that start on about page 41. 16 Commissioner Barry Jacobs is quoted as saying following the public comment, “We are trying to regulate the effects on 17 other people.” (Inaudible) I can appreciate the desire to want to minimize conflict, but I don’t know of any fights that 18 have broken out because of the flag. I think there is more controversy in the news about it than anything else. 19 (Inaudible). Have you all heard anybody specifically tell you that seeing that particular flag on Highway 70 made them 20 physically ill or upset or caused them not to come back to Hillsborough? 21 22 Randy Herman: I would like to ask a question. Mr. Harvey has submitted that the only question relevant here is whether 23 or not the flag is in fact larger than 24 sq.ft. Do you disagree with that? 24 25 Constance Lowe: No, we do not.26 27 Randy Herman: Do you have any other witnesses? 28 29 Constance Lowe: I do not at this time. 30 31 Randy Herman: Does anyone have any questions? 32 33 Susan Halkiotis: I agree with the statement that you made earlier that we should all talk to each other more. I think 34 that’s missing in a lot of our daily lives. As Randy stated and Mr. Harvey stated earlier, the only decision before us 35 tonight is whether or not staff erred in assessing the size of the flag. I think this is a short discussion because in 36 evidence is your admission that this flag is larger and exceeds 24 sq.ft. limit.37 38 Randy Herman: Mr. Harvey? 39 40 Michael Harvey: A couple points of clarification need to be brought forth. As articulated by staff and spelled out in 41 Attachment 2 page 46, the elected officials directed the county attorney’s office and staff to initiate a UDO text 42 amendment to address concerns over a lack of clear and comprehensive regulations to ensure that flags would not be 43 so large as to dominate local skylines and to clarify existing regulations; flags and flagpoles specifically to allowable 44 height, location, number and the maximum allowable area that can be displayed within residential and non-residential 45 zoning districts. The Board chose to adopt an amortization policy establishing a timeframe in which flags erected prior 46 to the adoption of these standards have to be brought to compliance with the code. They chose to adopt a rule 47 establishing a timeframe and time limit. That timeframe had passed. We have a flag that is larger than 24 sq.ft. and we 48 are looking to bring the flag into compliance with the applicable standard consistent with the policy adopted by the 49 BOCC at its May 2018 public hearing.50 Draft 12.9.19 8 Randy Herman: I suppose we should go ahead and ask -- 1 2 Constance Lowe: If I may respond? If you want to pass an ordinance on flagpole height and flag size why grandfather 3 in the flagpole but not the flag? 4 5 Michael Harvey: It was a conscious decision from the elected officials that they wanted to address the flags themselves 6 and did not want to have an applicant that had gone through the cost of erecting a pole to have done it in vain. 7 8 Constance Lowe: But to erect a 24 sq.ft. flag on a 60 ft. pole. Even three 24 sq. ft. flags on a 60 ft. pole would look 9 rather ridiculous in my opinion. If you are going to regulate flagpole and flag size you are getting into the issue of 10 content.11 12 Michael Harvey: Mr. Chairman and Board members, what you have in your record is staff’s agenda abstract packet. 13 Petitioner’s Exhibit 1 is the zoning compliance permit issued for the flagpole. Petitioner’s Exhibit 2 with the receipt for 14 the permit and Petitioner’s Exhibit 3 outlines the installation cost for the actual pole, and then any sworn testimony 15 offered by the applicant and myself during these proceedings. 16 17 Leon Myers: I’ll say quickly that I think what Susan said is right. I don’t see evidence here of an error on the part of 18 staff in enforcing the ordinance and that is the purpose of this hearing. I empathize with the applicant. It’s a difficult 19 situation and sensitive issue. Unfortunately, I don’t think there’s much the Board can do other than follow its 20 procedures.21 22 Randy Herman: It seems that a lot of the issues raised by the applicant are about the wisdom of the policy that was 23 enacted by the elected Board of Commissioners and the constitutionality of the decision, and both of those are really 24 outside of the purview what we can decide. Our function is to enforce the ordinance that passed by the County 25 Commissioners.26 27 Constance Lowe: If my client’s flag is 24 1/2 sq.ft. that might be something that you guys can sink your teeth into but 28 not we have here. I apologize for taking so much of your time. 29 30 Randy Herman: If the zoning permit that had been issued mentioned on the size of the flag that would be something 31 that we could look at, but it doesn’t appear to me that it does. It seems to me that the zoning permit authorizes the 32 erection of a certain size flagpole and that flagpole is still grandfathered, but it doesn’t say anything about what size flag 33 would be on there. 34 35 Constance Lowe: It wasn’t the fact that the flagpole was going to be so high, it was the fact that it would be disturbing 36 so much land to put that size flagpole on. There were no flagpole ordinances before May 2018 and there were no 37 flagpole height and flag size restrictions before that. Within two months of my client having his flag erected, suddenly 38 the county is now hot to pass ordinances limiting the flagpole height and flag size. (Inaudible) I appreciate your time 39 thank you. 40 41 Randy Herman: Any other further discussion? 42 43 Barry Katz: I would like to make a comment. Since we’ve got this packet on page 54 at the bottom regarding 44 constitutionality, the US Supreme Court held government and imposed reasonable restrictions on its own place and in a 45 manner of protected speech provided the restrictions are narrowly tailored to serve a significant government interest 46 and without reference to content and (inaudible) sufficient and alternate means of communicating the message. They 47 do not cite the court case, but I suggest that you find that court case as part of your consideration if you’re going to 48 Superior Court. 49 50 Draft 12.9.19 9 Constance Lowe: One of the cases that I looked at was a case called Reed v. The Town of Gilbert Arizona. That case 1 was a church group who put up temporary signs of directions to get to their meetings. In articulating the law in that 2 case, the Supreme Court noted that if the law is not content based on (inaudible). You have to determine whether the 3 law has a content-based purpose or justification, and my argument again would be that the whole justification for this 4 ordinance was because my client had put up a flag that some people say is racist. I don’t necessarily agree with what 5 the flag represents to a lot of people. 6 7 James Bryan: If I may? I believe the Board and the applicant and staff are all in agreement the flag exceeds 24 sq.ft. in 8 area …- 9 10 Constance Lowe: Yes. That you need a close up, yes. Mr. Katz, thank you for your feedback that’s very helpful. 11 12 Leon Myers: Mr. Chairman, are you ready for a motion? 13 14 Randy Herman: Yes. Do you have a motion? 15 16 Michael Harvey: For clarification purposes I will remind the Board you have the following items in the record of these 17 proceedings, the December 9, 2019 abstract including 2 attachments. You have Applicant Exhibit 1 which is a copy of 18 the zoning compliance permit issued for the flag pole in January of 2018. Applicant Exhibit 2 which is a receipt for said 19 permit and Exhibit 3 which is the cost for erecting the pole. 20 21 MOTION Leon Myers made motion to close the public hearing, Barry Katz second the motion. 22 VOTE: Unanimous. 23 24 James Bryan: All of these cases are very specific and this one is oddly plain. You want facts in the record, so the size 25 of the flag exceeding or not exceeding 24 sq.ft. and then whether to affirm or vacate the decision. That can be one 26 motion or two motions. 27 28 Randy Herman: Regarding this case before us, the plaintiff acknowledges that his flag is larger than 24 sq.ft. so it is not 29 contested. Whether or not the ordinance is a legal ordinance is not a determination we can make. As far as I see, the 30 only motion we can make is to close this hearing and close this case. I don’t think we should take a position on the 31 legality of the ordinance, but I think we do need to say that we affirm the decision of the staff. 32 33 Batty Katz: Affirm the decision of the staff. 34 35 Randy Herman: Would you like to phrase that in the form of a motion? 36 37 Barry Katz: I move that we find that the flag is not in compliance. 38 39 James Bryan: Is it my understanding that because it’s an uncontested matter that the flag is greater than 24 sq.ft. that 40 this Board seeks to affirm staff’s decision; is that motion that I heard? 41 42 Susan Halkiotis: I would prefer the meaning that we affirm staff’s position that the flag is greater than 24 sq.ft. 43 44 MOTION by Barry Katz that we affirm staff’s position that the flag is greater than 24 sq.ft. Susan Halkiotis second the 45 motion.46 VOTE: Unanimous. 47 48 Leon Myers: Which is the same thing as denying the appeal? 49 50 Draft 12.9.19 10 Michael Harvey: Chair, the next item on the agenda is the review of the minutes. 1 2 Randy Herman: We will move on to what was originally Item #3 on the agenda, the approval of minutes from October 3 14, 2019.4 5 Susan Halkiotis: I have one question on page 4 of the minutes. At the top where it says Patrick Mallet said “so I think 6 what your motion is”; is that a mistranslation? Maybe what he said was I think what your question. I don’t think there 7 was a motion. 8 9 Michael Harvey: Can you confirm the page number in the line number. 10 11 Susan Halkiotis: Page 4, line 11. 12 13 Michael Harvey: Yes. Your question. 14 15 AGENDA ITEM 5a: APPROVAL OF MINUTES – October 14, 2019 16 17 MOTION Leon Myers motioned to approve minutes with that correction, Barry seconded motion. 18 VOTE: Unanimous. 19 20 Susan Halkiotis: Chair we should make a motion that we adjourn this meeting? 21 22 AGENDA ITEM 6: ADJOURNMENT23 24 MOTION Susan made motion to adjourn the meeting, seconded Leon Myers seconded. 25 VOTE: Unanimous 26 27 28 29 _________________________________________ 30 NAME OF CHAIR,CHAIR31 ORANGE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA ITEM ABSTRACT CASE A-1-20 Meeting Date:February 10, 2020 Agenda Item No.A-1-20 SUBJECT: CASE A-1-20: VARIANCE request for a parcel of property located at 2902 Neville Road (PIN: 9759-90-1519). DEPARTMENT:Planning and Inspections PUBLIC HEARING: (Y/N)Yes ATTACHMENTS: INFORMATION CONTACT: 1. Application Package; 2. Site Assessment; 3. BOA Notification Materials; 4. Staff Correspondence 5. Applicant Proposed Findings of Fact for Variance. Michael D. Harvey, Planner III (919) 245-2597 Pat Mallett, Planner II (919) 245-2577 Craig Benedict, Director (919) 245-2575 PURPOSE: To hold a public hearing, receive testimony and evidence, and take action on a VARIANCE application from the provisions of Section 3.3 Rural Buffer (RB) general use zoning district dimensional standards of the Unified Development Ordinance (hereafter ‘UDO’). Specifically the applicant is requesting a 20 ft. reduction in the 40 ft. required front yard/corner lot setback from an existing private right-of-way called McCauley Lane (i.e. observing a 20 ft. setback from the edge of the McCauley Lane right-of-way versus the typically required 40 ft. setback). BACKGROUND: The basic facts concerning the current application are as follows: Applicant/Owner: CHRISTOPHER MICHAEL WADE SARA DANIELLE KECK 3030 BERMUDA BAY LN – APT 207 MEBANE, NC 27302 Location: 2902 Neville Road. Please refer to Attachment 2 for a map of the subject parcel. Parcel Information: a. PINs: 9759-90-1519. b.Size of parcel: 2.2 acres (95,832 sq.ft.). c. Zoning of parcel: Rural Buffer (RB) and University Lake Protected Watershed Protection Overlay District. d.Township: Chapel Hill. e.Future Land Use Map Designation: Rural Buffer. f.Growth Management System Designation: Rural Designated. g.Roads: Frontage along Neville Road (SR 1945) and McCauley Lane, a privately maintained road where primary vehicular ingress/egress is obtained. h.Water and Sewer Service:The property is not located within a primary utility service area meaning water and sewer service is provided by an individual well and septic system. Surrounding Land Uses: a.NORTH: Property developed for what appears to be residential purposes zoned RB; b.SOUTH: Undeveloped and developed property zoned RB; c.EAST: Neville Road (SR 1945) and property zoned RB; d.WEST: Undeveloped and developed property zoned RB. Proposal: As detailed within Attachment 1, the applicant has applied for a VARIANCE from the 40 ft. front yard/corner lot setback standards of the RB general use zoning district. Specifically, the applicant is requesting a 20 ft. reduction from the 40 ft. required setback off of the McCauley Lane right-of-way (i.e. observing a 20 ft. setback from the McCauley Lane right-of-way). If approved, a structure will be allowed to be 20 ft. from the edge of the McCauley Lane right-of- way versus the typically required 40 ft. setback per Section 3.3 of the UDO. The applicant is proposing to construct a new single-family residence on the property, making use of an existing septic system. The applicant argues they cannot comply with both the required 40 ft. setback from the McCauley Lane right-of-way and the required setback from the existing septic system as enforced by the Orange County Environmental Health – Well and Septic division. The applicant further argues the topography of the lot limits viable location(s) for the residence without creating compliance issues with other applicable land use regulations and Environmental Health standards. As previously indicated, if the variance is approved, the proposed residence would observe a 20 ft. setback from the McCauley Lane right-of-way. It should be noted even if vehicular ingress/egress (i.e. a driveway) was provided off of Neville Road (SR 1945) the required setback from the McCauley Lane right-of-way would still be 40 ft. per Section 3.3 of the UDO. ORDINANCE REQUIREMENTS: Per Section 3.3 development project(s) within the RB general use zoning district are required to adhere to the following dimensional requirement(s): a. Minimum Front/Corner lot (i.e. a parcel having frontage on 2 street rights-of-way) setback from right of way: 40 ft. b. Minimum Side and Rear yard setback from property line: 20 ft. The applicant complies with all applicable development standards allowing for the approval of a previously submitted plot plan denoting the development of a single-family residence with the exception of compliance with the required setback from the McCauley Lane right-of-way. Given the location of the existing septic system and the location of the McCauley Lane right-of-way, a variance has become necessary to allow the project to move forward. STAFF COMMENT(S): 1. The application has been deemed complete. 2. As previously indicated, vehicular ingress/egress (i.e. a driveway) off of Neville Road (SR 1945) would not address this issue. The required setback from the McCauley Lane right- of-way would still be 40 ft. per Section 3.3 of the UDO. 3. As required under Section 2.12.6 of the UDO, staff notified all property owners within 1,000 ft. of the subject property of the variance request. This notice also informed parties of the date, time, and location of the public hearing where the request will be reviewed. Copies of the letter, as well as our certification of mailing, are contained in Attachment 3. As of February 4, 2020, the writing of this abstract, staff has not received any complaints/concerns resulting from property owners notified of the request. 4. Staff has determined the granting of the variance will not create issues for adjacent property owners with respect to the development/re-development of their properties. 5. Staff determined the granting of the variance will not have a negative impact on existing traffic service levels in the area or be consistent with applicable access management standards. 6. As detailed within Section 2.10 Variances of the UDO, the Board is authorized to modify or vary regulations when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. 7. In accordance with the provisions of Section 2.10.3 of the UDO, the Board may approve a variance in cases where unnecessary hardships would result from carrying out the strict letter of the UDO, when substantial evidence in the official record of the application supports all of the following findings: a. Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. c. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. d. The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. 8. Per Section 2.10.9 of the UDO, the Board is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of the proceedings before the Board. Further, the Board may impose appropriate conditions provided same are reasonable related to the variance request. 9. Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board is necessary to effect any variation of the Ordinance. Attachment 1 Easements LINE_CODE Road Easement Soils 2' Contours (NCDOT) Parcels Streets Zoning FIRM Watershed · 02550Feet 1 inch = 100 feet Flood Panel: 9759J University Lake Protected Watershed NEVILLERDM C C A U LE Y LN RB 554 552 550 548 546 544 542 540 538 536 534 532530540 538 536 534 532 530 554 552 528 526 528 Soil: CfB Soil: HeB Soil: EnB Soil: GlD Soil: ApB Site Assessment for PIN:9759-90-1519 Site Data: Zoning: Rural Buffer (RB) Acreage: 2.4 acres Overlay Districts: University Lake Protected Watershed Overlay District Plat/Legal Description: Terrace View; plat of easement PB 55/ PG 117 Other: Deed DB 6618/ PG 2175; Deed from 1968 DB 218/ PG 674; Easement RB 801/ PG 352 Zoning Requirements: Max. Density: 1 unit per 5 acres (entitled to density bonus) Min. Lot Size: 2 acres Min. lot width: 130’ Maximum height: 25’ (See UDO Sec. 6.2.2 for height bonus) Building Setbacks: Front (and Corner lots) = 40’ Side Setbacks = 20’ Rear Yard Setback = 20’ Max. Impervious Surface: 11.2% of 2.4 acres = 11,709 sq. ft. (sliding scale; lot of record since at least 1968) Environmental Features: Streams/Water Bodies: N/A SFHA (Floodplain): N/A Wetlands: N/A Buffers: N/A Land Disturbance Thresholds: 1) Erosion Control Application/Permit required if disturbing more than 10,000 sq. ft. 2) Stormwater Management Application/Permit required if disturbing more than 43,560 sq. ft. (1 acre) for residential 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: 12/20/2019 by mboyle) PIN#: 9759901519 CHRISTOPHER MICHAEL WADE SARA DANIELLE KECK 3030 BERMUDA BAY LN APT 207 MEBANE, NC 27302 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. 12/20/2019 - mboyle Attachment 2 Attachment 3 MEETING NOTICE BOARD OF ADJUSTMENT ORANGE COUNTY, NORTH CAROLINA Pursuant to North Carolina General Statute Chapter 153A Sections 340 and 345.1, Chapter 160A Section 388, and Section 2.12 of the Orange County Unified Development Ordinance (UDO), notice is hereby given that the Board of Adjustment will hold a hearing in Room 230 of the Whitted Building at 300 W. Tryon Street, Hillsborough, North Carolina on Monday, February 10, 2020 at 7:00 pm. The purpose of the meeting is for the board to take specific action on the following item(s): 1. A-1-20 – Quasi-judicial hearing to review a Variance Application requesting a 20’ reduction to the required front building setback from the McCauley Lane right-of- way. In accordance with UDO Sections 2.10 Variances and 3.3 Residential Districts, the property owners have submitted this variance request for their parcel of property, which is further described as follows: x Parcel Identification Number (Orange County): 9759-90-1519 x Acreage: 2.21 acres x Zoning District:Rural Buffer x Watershed Designation:University Lake Protected Watershed The applicants are requesting a 20 ft. variance from the 40 ft. required front yard setback. If approved, a structure will be allowed to be 20 ft. from the edge of the McCauley Lane right-of-way versus the typically required 40 ft. front yard setback per Section 3.3 of the UDO. The application can be viewed online via the following link: https://www.co.orange.nc.us/1722/Current- Interest-Projects All interested citizens are invited to attend this hearing. Please note this is a quasi-judicial hearing, which requires a “fair trial standard.” That means the Board of Adjustment will consider only competent, material, and substantial evidence. Following the close of the hearing, the Board of Adjustment will examine only the evidence presented at the hearing to make its determination. Changes may ultimately be made to the advertised request, which reflect debate, objections, and discussion at the hearing. Please contact the Orange County Planning and Inspections Department with any questions: x Location: 131 W. Margaret Lane, Hillsborough, NC 27278 (2nd Floor) x Office Hours: 8:00 a.m. to 5:00 p.m. Monday – Friday x Phone: 919-245-2575 Craig Benedict, AICP Planning Director PUBLISH: NEWS OF ORANGE THE HEARLD SUN January 29, 2020 January 29, 2020 February 5, 2020 February 5, 2020 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 January 30, 2020 RE: NOTICE OF BOARD OF ADJUSTMENT QUASI-JUDICIAL PUBLIC HEARING REVIEW OF A VARIANCE REQUEST 2902 Neville Road (PIN: 9759-90-1519). To Whom It May Concern: You are receiving this letter because you are listed as an owner of property within 1,000 feet of a parcel of property with a physical street address of 2902 Neville Road within the Chapel Hill Township of Orange County. The parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9759-90-1519, is approximately 2.2 acres (95,832 sq.ft.) in area and is zoned Rural Buffer (RB) University Lake Protected Watershed Protection Overlay District. The parcel has frontage on two roadways, specifically Neville Road (SR 1945) and McCauley Lane, a privately maintained roadway (hereafter ‘the property’). Development(s) within the RB general use zoning district are required under the provisions of the Orange County Unified Development Ordinance (UDO) to adhere to a building setback of 40 ft. from road rights-of-way (public or private). The property owner, MICHAEL WADE CHRISTOPHER and SARA DANIELLE KECK (hereafter ‘the applicant’), have applied for a VARIANCE from the 40 ft. front yard/corner lot setback standards of the RB general use zoning district. Specifically, the applicant is requesting a 20 ft. reduction from the 40 ft. required setback off of the McCauley Lane right-of-way (i.e. observing a 20 ft. setback from the McCauley Lane right-of-way). If approved, a structure will be allowed to be 20 ft. from the edge of the McCauley Lane right-of-way versus the typically required 40 ft. setback per Section 3.3 of the UDO. The applicant is proposing to construct a new single-family residence on the property, making use of an existing septic system. The applicant argues they cannot comply with both the required 40 ft. setback from the McCauley Lane right-of-way and the required setback from the existing septic system as enforced by the Orange County Environmental Health – Well and Septic division. The applicant further argues the topography of the lot limits viable location(s) for the residence without creating compliance issues with land use regulations and Environmental Health standards. A copy of the site plan denoting the issue is attached for your edification. UDO Section 2.10 requires that the Board of Adjustment (BOA) hold a Public Hearing on variance requests and that notices be sent to property owners within 1,000 feet of the subject property informing them of the date, time, location, and purpose of the hearing. This Public Hearing is intended to allow the BOA, property owners, and the applicant an opportunity to review and discuss the request. In accordance with the provisions of Section 2.10.3 of the UDO, the BOA may approve a variance in cases where unnecessary hardships would result from carrying out the strict letter of the UDO, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. The Public Hearing has been scheduled as follows: Date: Monday February 10, 2020 Time: 7:00 p.m. Location:300 West Tryon Street (Whitted Building) Hillsborough, NC 27278 If you have questions, or require additional assistance, please contact a Current Planning staff member at (919) 245-2575. Thank you for your attention to this matter. Sincerely, Michael D. Harvey, AICP, CFM, CZO Current Planning Supervisor Interim Erosion Control Supervisor Orange County Planning Enclosures: Map of the Subject Property; Site plan; Map of Whitted Property LINDA SHARRONNE FARRINGTON 1220 MCCAULEY LN CHAPEL HILL, NC 275165490 PERCY MCCLAIN WATSON ETAL CARL L WATSON 65 CONLON RD ROOSEVELT, NY 11575 CALVIN WATSON RITA WATSON 1207 WATSON ROAD CHAPEL HILL, NC 27516 ESTEBAN L CALERO LORENZO SOBROZANO 1017 WEDGEWOOD LN DURHAM, NC 27713 HOWARD WATSON 512B E HARDEE ST GRAHAM, NC 27253 OLANREWAJU O ALABI OLUWAFUNLOLA B ALABI 115 FAWN RIDGE RD CHAPEL HILL, NC 27516 SHONEK T MOORE 996 PARKER HERNDON RD PITTSBORO, NC 273127732 SCOTT L KINCAID LOUISE B KINCAID 5102 SCHLEY HILLSBOROUGH, NC 27278 MARY ALICE DANZIGER HRS TR C/O ANN JUSTICE-EXR PO BOX 717 CHAPEL HILL, NC 275140717 RENEE STALEY 1717 PURPLE DRIVE HILLSBOROUGH, NC 27278 VALERIE M FEARRINGTON 1025 KING CIR Chapel Hill, NC 27516 JOAN C BROOKS 1018 KINGS CIRCLE CHAPEL HILL, NC 27516 ROBERT L REVELS 1007 KING CIR CHAPEL HILL, NC 27516 CYRETTE C COTTEN 2622 NEVILLE RD CHAPEL HILL, NC 275165480 CHARLES RAYMOND FARRINGTON GERALDINE FARRINGTON 2614 NEVILLE RD CHAPEL HILL, NC 27516 ZIN MAR LYONS 1012 KING CIR CHAPEL HILL, NC 27516 INEZ M FARRINGTON 1201 MCCAULEY LN CHAPEL HILL, NC 27516 CHRISTOPHER P TOMLINSON 4503 TRILAND WAY CARY, NC 27518 JAMES V ASBILL DIANE ASBILL 1152 HWY 54 W CHAPEL HILL, NC 27516 JOSHUA JAMES ASBILL CHRISTY M ASBILL 1146 NC HWY 54 W CHAPEL HILL, NC 27516 ROBERT WEINEL WEBB 1110 MCCAULEY LANE CHAPEL HILL, NC 275165488 LINDA FARRINGTON ETAL AUDREY HUDSON 1220 MCCAULEY LN CHAPEL HILL, NC 275165490 MANTON PROPERTIES LLC PO BOX 1411 CARRBORO, NC 27510 JEFFREY P GORSKI 1130 NC HWY 54 W CHAPEL HILL, NC 27516 EFRAIN ROSALES PATRICIA ROSALES 2908 NEVILLE RD CHAPEL HILL, NC 27516 DONNA H GATES 2914 NEVILLE RD CHAPEL HILL, NC 27516 GARY A BOORMAN NATALIE BOORMAN 1308 BROADWELL ROAD CHAPEL HILL, NC 27516 HERBERT L ARRINGTON 1115 MCCAULEY LN CHAPEL HILL, NC 27516 THE RODGER WINSTON DURHAM LIVING TRUST 209 RIDGEWAY DR GREENSBORO, NC 274031526 CYNTHIA LEE GATES HICKS CHARLES D HICKS 2918 NEVILLE RD CHAPEL HILL, NC 275165486 WILLIE GATES HRS C/O RONNIE GATES EXECUTOR 4905 DONVIE DR GREENSBORO, NC 27409 ANTHONY L WEBB HRS 1112 MCCAULEY LN CHAPEL HILL, NC 27516 GARY A BOORMAN ETAL NATALIE BOORMAN 1314 BROADWELL RD CHAPEL HILL, NC 27516 CHARLIE E STALEY DONNA E STALEY 2716 NEVILLE RD CHAPEL HILL, NC 27516 CHRISTOPHER MICHAEL WADE SARA DANIELLE KECK 3030 BERMUDA BAY LN APT 207 MEBANE, NC 27302 DANELL D BEEDE 2809 NEVILLE RD CHAPEL HILL, NC 27516 ANDERSON WOODS 133 MCNAIR ST BRENTWOOD, NY 117173408 QWEST INVESTMENT PROPERTIES LLC 216 WALNUT AVE UNIT B CHARLOTTE, NC 28208 VICTORIA WOODS VALEREE WOODS MITCHELL 133 MCNAIR ST BRENTWOOD, NY 117173408 MARK H CHILTON 101 HUNTER PL CARRBORO, NC 27510 KARINA G BAUTISTA 1034 HWY 54 W CHAPEL HILL, NC 27516 LANA M FORD 2903 NEVILLE RD CHAPEL HILL, NC 27516 GINA PASCHALL 5505 CASCADE DR CHAPEL HILL, NC 27514 LUTHER EDWARDS HRS 500 GOMAINS AVE CHAPEL HILL, NC 27516 DEXTER ROGERS EMILY ROGERS 1311 BROADWELL RD CHAPEL HILL, NC 27516 EMILIA SANCHEZ KARINA CALVILLO 1034 NC 54 W Chapel Hill, NC 27514 JOSEPH N JR HARGRAVES DONALD ROBINSON 40 W 135TH ST APT 17K NEW YORK, NY 10037 MARGARET BALLENTINE 608 SHANNON DR CHAPEL HILL, NC 275169362 ZION KAREN BAPTIST CHURCH INC 102 EDGAR ST CHAPEL HILL, NC 27516 JONATHAN A JONES 3863 SHINER CT WALDORF, MD 20603 WILLIAM M QUESENBERRY JANET S QUESENBERRY 2611 NEVILLE RD CHAPEL HILL, NC 27516 FLOYD ARTHUR FOUSHEE VIVIAN S FOUSHEE 505 CHURCH ST CHAPEL HILL, NC 27516 WILLIAM A BURNETTE JR HRS 1926 REDOAK DR HYATTSVILLE, MD 20783 JAMES HARRIS LORNA H HARRIS 505 QUINN CT Chapel Hill, NC 27514 HARRIET SAYRE MCCORD GEOFFREY SAYRE MCCORD 3301 W CORNWALLIS RD DURHAM, NC 27705 CHRISTOPHER L HELMSTETTER II 2607 NEVILLE RD Chapel Hill, NC 27516 JESUCRISTO PODER DE DIOS IGLESIA PENTECOSTAL DE 1922 WILKINS ST BURLINGTON, NC 22721 1 Michael Harvey From:Kathryn Hobby Sent:Wednesday, February 05, 2020 8:54 AM To:Molly Boyle Cc:Michael Harvey; Phil Vilaro Subject:RE: Wade Variance Application (PIN 9759-90-1519) Thesecondsitewouldbemoreexpensiveastheywouldberequiredtopumptheeffluentuptothedrainfield.This wouldmeannotonlyanew1000gallonseptictank(onlyexpenseinthefirstlocation)buta1000gallonpumptank, pumpinsidethetank,panelbox($400fromsupplier)aswellastheWTMPfeesrequiredbyOCHDtoinspectallpump systemsevery5years. Ihopethishelps, Kathryn Hobby, REHS Orange County Environmental Health 919-245-2377 khobby@orangecountync.gov Learnmoreaboutmosquitoassistance.https://www.orangecountync.gov/641/EnvironmentalͲHealth Please tell us how we are doing by taking this very quick survey. We appreciate your comments. https://www.surveymonkey.com/r/EHSURVEY2019Ͳ2020 From: Molly Boyle Sent: Tuesday, February 04, 2020 9:56 AM To: Kathryn Hobby Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) HeyKathyrn, Inyouropinion,isonehouselocationbetterthantheotherfromanEnvironmentalHealthperspective?Forexample,do youthinkthesecondsitewouldrequireadditionalimprovements,expense,etc.? Thankyou!! Molly From: Kathryn Hobby Sent: Wednesday, January 29, 2020 9:21 AM To: Molly Boyle Attachment 4 2 Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) Goodmorning,Iwasabletopindowntheextentoftheexistingsystemintheground.Ifeelveryconfidentofthis location.Itlookslikethesecondaryhouselocationyouhadhypothesizedcouldwork… Kathryn Hobby, REHS Orange County Environmental Health 919-245-2377 khobby@orangecountync.gov Learnmoreaboutmosquitoassistance.https://www.orangecountync.gov/641/EnvironmentalͲHealth Please tell us how we are doing by taking this very quick survey. We appreciate your comments. https://www.surveymonkey.com/r/EHSURVEY2019Ͳ2020 From: Molly Boyle Sent: Friday, January 24, 2020 10:03 AM To: Kathryn Hobby Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) Thankyou! From: Kathryn Hobby Sent: Friday, January 24, 2020 8:04 AM To: Molly Boyle Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) Thanksfortheupdate,Molly.Ihaveattachedmyfindingsfromlatespring.It’sclearthatIneedtoaccuratelymeasure thedistancefromtheeasternpropertylinetothebottomofthesystem.Aslongasthehousemaintainsa15’setback fromthesepticand50’fromthewell,Idon’thaveanyissuewithanotherproposedhouselocation.Mybiggestissue withtheparcel,whichIhavecommunicatedtoMr.Wade,isthereisnogoodsoilonthelottorepairthesystemshould itfailuponreconnection.That’salwaysadifficultsituation. IrunouttoaccuratelypindownthesepticareaandreportbackbyTuesday,January28th. Takecare, Kathryn Hobby, REHS Orange County Environmental Health 919-245-2377 khobby@orangecountync.gov 3 Learnmoreaboutmosquitoassistance.https://www.orangecountync.gov/641/EnvironmentalͲHealth Please tell us how we are doing by taking this very quick survey. We appreciate your comments. https://www.surveymonkey.com/r/EHSURVEY2019Ͳ2020 From: Molly Boyle Sent: Thursday, January 23, 2020 4:09 PM To: Kathryn Hobby Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) HeyKathyrn, ThisitemgotpushedbacktoaFebruaryhearing,sotheWadeswillgobeforetheboardonFebruary10th.Wouldyou mindreviewingtheattachedinformationandgivingmeyouropinion? Asareminder,theWadesaretryingtobuildahomeonPIN9759Ͳ90Ͳ1519.They’retryingtogeta20’reductioninthe frontbuildingsetback(zoningrequires40’fromtherightͲofͲway).Partoftheirburdenisprovingthatstrictadherenceto theUDOwouldresultinanunnecessaryhardship.Generallyspeaking,“hardship”equatesto“expense.” I’veattachedtheirsiteplanandacopyofthesepticmap.It’sclearwhythehomecan’tbemovedfurthernorth,east, andsouth–itwouldputthehometooclosetotheexistingseptic,well,and/orintothebuildingsetbacks.However,I needtoexplainwhyitcan’tbemovedintothepockettothewest(circledinblueonthesiteplan). I’massumingthatcircledlocationwouldn’tworkforEnvironmentalHealth–perhapsbecauseofthetopographyorcost toimprovethesystem.CanyoutellmeifitwouldbepossibletomovethehousewestandmeetEnvironmentalHealth requirements?Ifso,doyoubelieveitwouldbecostlytodoso? Thankyouforyourhelp! Molly From: Molly Boyle Sent: Friday, December 20, 2019 11:59 AM To: Kathryn Hobby Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) Surething.Pleaseseeattached.Thankyou! 4 From: Kathryn Hobby Sent: Friday, December 20, 2019 11:47 AM To: Molly Boyle Cc: Michael Harvey Subject: RE: Wade Variance Application (PIN 9759-90-1519) Ishouldbeabletomakesenseofit.WouldyoupleasesendmetheirsiteplanreferredtoinyouremailtoPhil yesterday? Kathryn Hobby, REHS Orange County Environmental Health 919-245-2377 khobby@orangecountync.gov Learnmoreaboutmosquitoassistance.https://www.orangecountync.gov/641/EnvironmentalͲHealth Please tell us how we are doing by taking this very quick survey. We appreciate your comments. https://www.surveymonkey.com/r/EHSURVEY2019Ͳ2020 From: Molly Boyle Sent: Friday, December 20, 2019 11:04 AM To: Kathryn Hobby Cc: Michael Harvey Subject: FW: Wade Variance Application (PIN 9759-90-1519) HeyKathyrn, Ifyou’renotabletolookatthistoday,youcanfollowupwithMichaelHarvey(copied).I’llbeoutoftheofficeuntil January6th,buthewillbehere(onthedayswe’reopen,ofcourse). Thankyouforyourhelp!HappyHolidays! Molly From: Phil Vilaro Sent: Thursday, December 19, 2019 3:34 PM To: Molly Boyle Cc: Kathryn Hobby Subject: RE: Wade Variance Application (PIN 9759-90-1519) DearMolly: IamgoingtoforwardthisinquirytoKathrynHobby,whohasworkedonthissitemostrecently.XS19Ͳ0172iscurrently WaitingOnApplicant. 5 Iamnotsureoftheexactexistingseptictanklocation,butifthenewhouselocationweresituatedsuchthatgravityfall couldnotbeobtainedfromthenewplumbinginverttotheexistingseptictankinlet,itwouldresultintheadditional expenseofinstallingeitheranewseptictank,pumptank,effluentpump,&appurtenances,orasewageliftstation& surgetank(2ndseptictankinseries,precedingtheoriginaltank). ThanksPRV Pleasetellushowwearedoingbytakingthisveryquicksurvey.Weappreciateyourcomments. https://www.surveymonkey.com/r/EHSURVEY2019Ͳ2020 PhilipR.Vilaro,PhD,REHS EnvironmentalHealthSupervisor OnsiteWaterProtectionSection EnvironmentalHealthServicesDivision OrangeCountyHealthDepartment 131W.MargaretLane,Suite100 Hillsborough,NC27278 Phone–919Ͳ245Ͳ2362 Fax–919Ͳ644Ͳ3006 http://www.co.orange.nc.us/envhlth/index.asp CONFIDENTIALITYNOTICE:Allemailmessages,includinganyattachments,generatedfromorreceivedbythissitearethepropertyofOrangeCountyGovernment andassuchareconsideredpublicdomainandaresubjecttotheNorthCarolinaPublicRecordLaw.TheOrangeCountyHealthDepartmentdoesnottransmit client/patientmedicalinformationvialemail.Certainotherconfidentialinformationmaybetransmitted,however,andanyunauthorizedreview,usedisclosureor distributionisprohibited.Ifyouarenottheintendedrecipient,pleasecontactthesenderbyreplyemailanddestroyallcopiesoftheoriginalmessage.Ifyoubelieve therehasbeenaninappropriatedisclosure,pleasecontactCarlaJulianatcjulian@co.orange.nc.us,thehealthDepartmentPrivacyOfficer. From: Molly Boyle Sent: Thursday, December 19, 2019 2:47 PM To: Phil Vilaro Cc: Tyler Sliger Subject: Wade Variance Application (PIN 9759-90-1519) HiPhil, TheWades,whoaretryingtobuildahomeonPIN9759Ͳ90Ͳ1519,arestillmovingforwardwithavarianceapplication. They’retryingtogeta20’reductioninthefrontbuildingsetback(zoningrequires40’fromtherightͲofͲway). PartoftheWades’burdenisprovingthatstrictadherencetotheUDOwouldresultinanunnecessaryhardship. Generallyspeaking,“hardship”equatesto“expense.” 6 I’veattachedtheirsiteplanandacopyofthesepticmap.It’sclearwhythehomecan’tbemovedfurthernorth,east, andsouth–itwouldputthehometooclosetotheexistingseptic,well,and/orintothebuildingsetbacks.However,I needtoexplainwhyitcan’tbemovedintothepockettothewest(circledinblueonthesiteplan). I’massumingthatcircledlocationwouldn’tworkforEnvironmentalHealth–perhapsbecauseofthetopographyorcost toimprovethesystem.CanyoutellmeifitwouldbepossibletomovethehousewestandmeetEnvironmentalHealth requirements?Ifso,doyoubelieveitwouldbecostlytodoso? Thankyouforyourhelp,Phil! HappyHolidays, MollyBoyle,MPA,CZO PlannerI OrangeCountyPlanning&Inspections (919)245Ͳ2599 PursuanttoNorthCarolinaGeneralStatute132,correspondencesentandreceivedfromthisaccountisapublicrecord andmaybedisclosedtothirdparties. # # # 7.113.A.8 7.113.A.9C 7.113.A.7C 7.113.B.11B 7.113.B.10 7.113.B.8 7.113.A.9B 7.113.B.13 7.113.A.10 2902 NEVILLERoad 9759901519 9759808282 9759809997 9759905890 9759903654 9759805693 9759903585 9759904405 9759901250 9759904389 q Orange County Environmental Health 1 inch = 60 feet 0306015 Feet This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deeds, 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. proposed 3br home 46'x 72' shown well 25'-0"15'-0"new tank old tank 24'-0"68'-0"120'-0"70'-0" 3br home looks like it could work here if we can stay 15 form system shown here, and 50 from well CASE A-1-20 VARIANCE REQUEST SUBMITTED BY MICHAEL WADE AND SARA KECK FOR A PARCEL OF PROPERTY LOCATED AT 2902 NEVILLE ROAD (PIN 9759-90-1519) APPLICANT PROPOSED FINDINGS ORANGE COUNTY BOARD OF ADJUSTMENT As permitted under Section 2.10 Variances of the Orange County Unified Development Ordinance, the Board of Adjustment is authorized to modify or vary regulations of the UDO when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. In accordance with the provisions of Section 2.10.3 of the UDO, the BOA may approve a variance in cases where unnecessary hardships would result from carrying out the strict letter of the UDO, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Per Section 2.10.9 of the UDO, the Board of Adjustment is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of the proceedings before the Board. The Board may impose appropriate conditions provided same are reasonable related to the variance request. Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board shall be necessary to effect any variation of the Ordinance. In accordance with Section 2.10.8 of the UDO what follows in the Planning Director’s assessment of the application and recommended disposition of the request consistent with the information contained therein. Attachment 5 REQUIREMENT UDO SUPPORTING EVIDENCE Staff BOA FINDINGS: In accordance with Section 2.10.3 of the UDO, the Board of Adjustment shall also consider the following before the application for a VARIANCE can be approved. Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. Sec 2.10.3 (A) Application package inclusive including: 1. Narrative; 2. Exhibit 3 septic map; 3. Exhibit 6 boundary survey; 4. Exhibit 8 RMA and plat denoting McCauley Lane right-of-way; 5. Exhibit 10 proposed plot plan The location of the existing septic system limits potential areas allowing for the re- development of the property. The location of the McCauley Lane right-of-way also restricts locations where a new residence can be located. The topography of the lot does not lend itself to the house being further from McCauley Lane or the septic system without creating additional compliance issues with land use and environmental health regulations. Staff agrees. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. Sec 2.10.3 (B) Application package inclusive including: 1. Narrative; 2. Exhibit 3 septic map; 3. Exhibit 6 boundary survey; 4. Exhibit 8 RMA and plat denoting McCauley Lane right-of-way; 5. Exhibit 10 proposed plot plan The location of the existing septic system and McCauley Lane right-of-way, along with the topography of the lot, create a unique and peculiar problem with respect to the re- development of the property. Staff agrees. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. Sec 2.10.3 (C) Application package inclusive. The hardship relates to the existing layout of the property, the current development on the land (i.e. location of the existing septic system), and the location of the McCauley Lane right-of- way. Staff agrees. The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Sec 2.10.3 (D) Application package inclusive. Without the variance, the property is undevelopable. The request represents a reasonable reduction is required setbacks to accommodate development of the parcel consistent with applicable land use regulations. Staff agrees. After holding a duly advertised public hearing, the Board voted __________ to __________ to (approve) (deny) the variance request as submitted by the Applicant. ___________________________ __________________ Chair Orange County Board of Adjustment Date ORANGE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA ITEM ABSTRACT CASE A-2-20 Meeting Date:)HEUXDU\ Agenda Item No.$ SUBJECT:&$6($ &ODVV%6SHFLDO8VH3HUPLW3URSRVLQJD5HFUHDWLRQDO)DFLOLW\&DOOHG ³5HG:ROI6SRUWVSOH[´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xSpecial Use Permits xTable of Permitted Uses xApplication of Use Standards – Special Uses xStandards for Recreational Uses – Recreational Facilities BACKGROUND: 7KHEDVLFIDFWVRIWKHDSSOLFDWLRQDUHDVIROORZV 2ZQHU$SSOLFDQW &KDNH\3HGQHDX 2OLYH//& :+DUJHWW6WUHHW$SW 5DOHLJK1& &RQVXOWDQWV 6DP1\H3( 7KH6LWH*URXS 2EHUOLQ5RDG 5DOHLJK1& /RFDWLRQ 2Q$WNLQV5RDG 65 QRUWKRIWKH7MXQFWLRQRI$WNLQV5RDGDQG1& 3OHDVHUHIHUWRWKHVLWHDVVHVVPHQWPDSLQ$WWDFKPHQW 3DUFHO,QIRUPDWLRQ DPIN ESize of Parcel DFUHV FZoning of Parcel (Orange County) $JULFXOWXUDO5HVLGHQWLDO $5 DQG%DFN &UHHN3URWHFWHG:DWHUVKHG3URWHFWLRQ2YHUOD\'LVWULFW GTownship &HGDU*URYH HFuture Land Use Map Designation $JULFXOWXUDO5HVLGHQWLDO $5 IGrowth Management System Designation 5XUDO'HVLJQDWHG JExisting Conditions/Physical Features 7KHVLWHLVFXUUHQWO\IXOO\ZRRGHG DQGJHQHUDOO\VORSHVQRUWK7KHVORSHVDUHSULPDULO\ZLWKLQWKHUDQJH DFURVVRIWKHVLWH $MXULVGLFWLRQDOVWUHDPUXQVIURPWKHQRUWKHUQSURSHUW\OLQHWRWKHVRXWKHDVWHUQ FRUQHURIWKHVLWH7KH8'2UHTXLUHVD¶VWUHDPEXIIHUPHDVXUHGIURPWKH WRSRIEDQNRQERWKVLGHVRIWKHVWUHDP KRoads 7KHVLWHKDVDSSUR[LPDWHO\¶RIIURQWDJHRQ$WNLQV5RDGDQG DSSUR[LPDWHO\ ¶RIIURQWDJHRQ1& 3URSRVHGDFFHVVIRUWKH6SRUWVSOH[ LVYLDDWZRZD\GULYHRQWR$WNLQV5RDG LParking: 7KHSURSRVHGSDUNLQJDUHDLQFOXGHV VSDFHV SDYHGDQG JUDYHO ZLWKD¶ZLGHWZRZD\WUDYHOZD\ MWater and Sewer Service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d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³5HFUHDWLRQDO)DFLOLWLHV´DUHGHILQHGLQ8'2$UWLFOHDefinitionsDVIROORZV “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 motor cross tracks, exercise centers including aerobic and yoga studios, athletic facilities, and gymnasiums.” 6HFWLRQTable of Permitted Uses RIWKH8'2LQGLFDWHVDRecreational FacilityLVDSHUPLWWHGXVHRI SURSHUW\LQWKH$5JHQHUDOXVH]RQLQJGLVWULFWVXEMHFWWRWKHLVVXDQFHRID&ODVV%6833HU6HFWLRQ & RIWKH8'2UHFUHDWLRQDOIDFLOLWLHVUHTXLULQJLVVXDQFHRID&ODVV%683DUHUHTXLUHGWRFRPSO\ ZLWKWKHIROORZLQJVXEPLWWDODQGUHYLHZVWDQGDUGV (1) Submittal Requirements: In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: a) A description of the exact type >RI@ facility planned, the amount of area, including the number of members or participants expected, and a site plan showing siting and size of existing and proposed building[s]. 67$))&200(17 7KLVLQIRUPDWLRQLVFRQWDLQHGLQ$WWDFKPHQWDQGRQWKHVLWH SODQ b) Access, parking, service and recreation areas for all planned facilities or existing facilities. 67$))&200(17 7KLVLQIRUPDWLRQLVFRQWDLQHGVKRZQRQWKHVLWHSODQ $GGLWLRQDOLQIRUPDWLRQRXWOLQLQJWKHUHDVRQ V DQGRUQHHGIRUWKH³SODQQHG IDFLOLWLHV´LVFRQWDLQHGLQWKHSURMHFWQDUUDWLYHIRXQGZLWKLQ$WWDFKPHQW c) Plans and elevation for all proposed and existing structures and descriptions of the color and nature of all exterior materials. 67$))&200(17 7KLVLQIRUPDWLRQLVFRQWDLQHGVKRZQLQ$WWDFKPHQWDQGWKH VLWHSODQ 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. 67$))&200(17 7KHVLWHSODQFRQWDLQVWKHUHTXLUHGODQGVFDSHSODQ e) A signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. 67$))&200(17 7KHVWDWHPHQWLVFRQWDLQHGZLWKLQWKHDSSOLFDWLRQSDFNDJH IRXQGLQ$WWDFKPHQW (2) Standards of Evaluation a) The property shall have direct frontage on, and obtain vehicular access from, a public road. 67$))&200(17 7KHVLWHSODQGHQRWHVWKHSURSHUW\KDVIURQWDJHRQDQG REWDLQVDFFHVVIURP$WNLQV5RDG 65 b) Lot size shall be adequate for the method of sewage disposal proposed, and for the proposed recreational uses. 67$))&200(17 $VSUHYLRXVO\LQGLFDWHGWKHDSSOLFDQWVDUHSURSRVLQJWRXVH SRUWDEOHFKHPLFDOWRLOHWVZKLFKZLOOEHGHOLYHUHGWRWKHVLWHDVQHHGHGIRUHYHQWV 7KHWRLOHWVZLOOEHUHPRYHGQRPRUHWKDQKRXUVDIWHUDQHYHQWHQGV c) The site plan should show the boundaries of the site, the distances to the nearest residential structures, proposed or existing access points, parking and service areas, location of outdoor recreational facilities, and location of existing or proposed buildings. 67$))&200(17 7KHVLWHSODQFRQWDLQVWKHUHTXLUHGLQIRUPDWLRQ 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. 67$))&200(17 7KHVLWHSODQFRQWDLQVWKHUHTXLUHGLQIRUPDWLRQ7KH DSSOLFDQWVKDYHYROXQWDULO\DJUHHGWRSUHVHUYHD¶ODQGXVHEXIIHUDURXQGWKH UHFUHDWLRQDOIDFLOLW\DVDFRQGLWLRQRIDSSURYDO e) Elevations of all structures and buildings. The structure shall be of such a nature as to preserve the residential character of the area. 67$))&200(17 7KHVLWHSODQFRQWDLQVWKHUHTXLUHGLQIRUPDWLRQ f) There are no adverse impacts on the adjacent roads or residential property. 67$))&200(17 %DVHGRQWKHDSSOLFDWLRQVXEPLWWDO $WWDFKPHQW DQGVWDII FRPPHQWV $WWDFKPHQW WKHSURSRVHGH[SDQVLRQZLOOQRWKDYHDQDGYHUVH LPSDFWRQDGMDFHQWURDGVRUSURSHUWLHV 7KHDSSOLFDQWVKLUHG5DPH\.HPSDQG$VVRFLDWHVWRSUHSDUHD7UDIILF,PSDFW $QDO\VLV 7,$ ZKLFK1&'27KDVDOVRUHYLHZHG6HH$WWDFKPHQWIRUFRPPHQWV IURP1&'277KHDSSOLFDQWVLQWHQGWRVXEPLWWKH7,$LQWRHYLGHQFHDWWKH KHDULQJ $VSDUWRIWKHVXEPLWWDOWKHDSSOLFDQWVKDYHDOVRYROXQWDULO\RIIHUHGWKHLPSRVLWLRQRIWKHIROORZLQJ FRQGLWLRQVRQWKH683 ,QDFFRUGDQFHZLWK8'26HFWLRQRecreational Facilities,6HFWLRQLandscaping, Buffers, & Tree Protection, DQGWKHVXEPLWWHGVLWHSODQD¶ODQGXVHEXIIHUVKDOOEHSUHVHUYHGDURXQG WKHSHULPHWHURIWKHUHFUHDWLRQDOIDFLOLW\WRVFUHHQLWIURPDGMDFHQWSDUFHOV 7KHUHFUHDWLRQDOIDFLOLW\VKDOOEHVHFXUHGZLWKDIHQFHDQGDORFNDEOHJDWHDWWKHHQWU\GULYH7KH )LUH0DUVKDOVKDOOKDYHWKHRSSRUWXQLW\WRUHYLHZDQGDSSURYHWKHORFNLQJPHFKDQLVPIRUWKHJDWH WRHQVXUHDGHTXDWHHPHUJHQF\DFFHVV 7KHUHFUHDWLRQDOIDFLOLW\VKDOOQRWXVHRXWGRRUOLJKWLQJ,IWKHDSSOLFDQWVZLVKWRLQVWDOOOLJKWLQJWKH\ VKDOOVXEPLWDUHTXHVWIRUPRGLILFDWLRQRIWKHDSSURYHG6SHFLDO8VH3HUPLWSXUVXDQWWR8'2 6HFWLRQV DQG ( Changes to Approved Plans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able of Permitted UsesDQGRecreational Facilities DFWLYLWLHVDOORZHGWRRFFXURQWKHSURSHUW\VKDOOEHLQDFFRUGDQFHZLWKWKHVXEPLWWHGDSSOLFDWLRQ SDFNDJHVLWHSODQDQGQDUUDWLYHDVUHYLHZHGE\WKH2UDQJH&RXQW\%RDUGRI$GMXVWPHQWRQ )HEUXDU\)XUWKHUPRUHWKHVLWHSODQVKDOOEHXSGDWHGDQGLQFOXGHGDVSDUWRIWKHVLWH SODQVXEPLWWDOIRUGHYHORSPHQWSHUPLWV 7KHDSSOLFDQWVVKDOOREWDLQDOODSSOLFDEOHGHYHORSPHQWSHUPLWVIURPWKH&RXQW\FRQVLVWHQWZLWK WKHDSSURYHG683LQFOXGLQJEXWQRWOLPLWHGWR (URVLRQ&RQWURO 6WRUPZDWHU DQG=RQLQJ &RPSOLDQFH ,QDFFRUGDQFHZLWK8'26HFWLRQ & Conditions of ApprovalLIDQ\FRQGLWLRQRIWKLV 6SHFLDO8VH3HUPLWLVKHOGLQYDOLGRUYRLGWKHQWKLV6SHFLDO8VH3HUPLWVKDOOEHYRLGLQLWVHQWLUHW\ DQGRIQRHIIHFW ,QDFFRUGDQFHZLWK8'26HFWLRQ ' Conditions of ApprovalWKH6SHFLDO8VH3HUPLWVKDOO H[SLUHDXWRPDWLFDOO\ZLWKLQPRQWKVRIWKHGDWHRIDSSURYDOLIWKHXVHKDVQRWFRPPHQFHGRU FRQVWUXFWLRQKDVQRWFRPPHQFHGRUSURFHHGHGXQOHVVDWLPHO\DSSOLFDWLRQIRUH[WHQVLRQRIWKLV WLPHOLPLWLVDSSURYHGE\WKH%RDUGRI$GMXVWPHQW STAFF COMMENT(S): $WWDFKPHQWFRQWDLQVVWDII¶VHYDOXDWLRQRIWKHSURSRVDOIRUFRPSOLDQFHZLWKWKHYDULRXVVWDQGDUGV GHWDLOHGZLWKLQWKHVHVHFWLRQV 6WDIIUHFRPPHQGVWKHLPSRVLWLRQRIVSHFLILFFRQGLWLRQVRIDSSURYDOVXPPDUL]HGKHUHLQWRHQVXUH WKHSURMHFWFRPSOLHVZLWKWKHSURYLVLRQVRIWKH8'2LQWKHHYHQWWKH%RDUGGHWHUPLQHVWRLVVXH WKH6SHFLDO8VH3HUPLW $VGHWDLOHGZLWKLQ$WWDFKPHQWVWDIIKDVGHWHUPLQHGWKHDSSOLFDWLRQLVFRQVLVWHQWZLWK HVWDEOLVKHGVXEPLWWDOUHTXLUHPHQWVDQGWKHUHLVVXIILFLHQWGRFXPHQWDWLRQGHPRQVWUDWLQJ FRPSOLDQFHZLWKHVWDEOLVKHGGHYHORSPHQWVWDQGDUGV $V\RXDUHDZDUHVWDIIGRHVQRWPDNHDIRUPDOUHFRPPHQGDWLRQRQWKHDSSURYDORIWKH DSSOLFDWLRQRURQWKHFRPSOLDQFHRIWKHSURMHFWZLWKWKHJHQHUDOVWDQGDUGVLQ6HFWLRQ $ VSHFLILFDOO\ DThe 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; EThe 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 FThe 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. 7KHUHDUHVHYHUDOJRDOVSROLFLHVGHWDLOHGZLWKLQWKHDGRSWHG&RPSUHKHQVLYH3ODQ DGGUHVVLQJWKHGHYHORSPHQWRI5HFUHDWLRQDO)DFLOLWLHVLQWKH&RXQW\LQFOXGLQJ DLand Use Goal 1:)LVFDOO\DQGHQYLURQPHQWDOO\UHVSRQVLEOHVXVWDLQDEOHJURZWK FRQVLVWHQWZLWKWKHSURYLVLRQRIDGHTXDWHVHUYLFHVDQGIDFLOLWLHVDQGDKLJKTXDOLW\RIOLIH ELand Use Goal 2:/DQGXVHVWKDWDUHDSSURSULDWHWRRQVLWHHQYLURQPHQWDOFRQGLWLRQVDQG IHDWXUHVDQGWKDWSURWHFWQDWXUDOUHVRXUFHVFXOWXUDOUHVRXUFHVDQGFRPPXQLW\FKDUDFWHU FLand Use Goal 5:/LIHKHDOWKDQGSURSHUW\VDIHIURPKD]DUGV /RFDOUHVLGHQWVZHUHQRWLILHGRIWKHUHTXLUHG1HLJKERUKRRG,QIRUPDWLRQ0HHWLQJ 1,0 DQGWKH SXEOLFKHDULQJFRQVLVWHQWZLWKWKHUHTXLUHPHQWVRIWKH8'23OHDVHUHIHUWR$WWDFKPHQWIRU DGGLWLRQDOLQIRUPDWLRQ 5HYLHZRI683DSSOLFDWLRQVDUHFDUULHGRXWLQDquasi-judicial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asements LINE_CODE Road Easement Stream Buffer 65ft Soils USGS Stream Soils Survey Stream 2' Contours (NCDOT) Parcels Streets Zoning Water Body FIRM Watershed · 075150Feet 1 inch = 300 feet Flood Panel: 9828K Back Creek Protected Watershed NC 49ATKINS RDAR 710708706698694688684660 7006966926906866766626546 5 2 7 1 2 678680672668674670712708706700698696694710 704 702 700698 696 694 70 2 690684682680678686684680678 676 674 698696 69669471 4 7126966946 8 2 66 6 6 6 4 6566926926 8 6 6 7 8 6 5 0 714 694696694 6826 7 8 Soil: HeB Soil: WmD Soil: EnB Soil: VaB Soil: VaB Soil: EnB Soil: EnB Soil: HeB Soil: ApB Soil: W Site Assessment for PIN:9829-93-4847 Site Data: Zoning: Agricultural Residential (AR) Acreage: 68.78 acres Overlay Districts: Back Creek Protected Watershed Overlay District Plat/Legal Description: N/S NC Hwy 49; no plat Other: Deed DB 6579/ PG 89 Zoning Requirements: Max. Density: 1 unit per 40,000 sq. ft. Min. Lot Size: 40,000 sq. ft. Min. lot width: 150’ Maximum height: 25’ (See UDO Sec. 6.2.2 for height bonus) Building Setbacks: Front (and Corner lots) = 40’ Side Setbacks = 20’ Rear Yard Setback = 20’ Outdoor Athletic Fields = 50’ (UDO Sec. 5.7.2) Ratios: Floor Area Ratio = 0.100 (non-residential conditional use) Max. Impervious Surface: 12% of 68.78 acres = 359,526.81 sq. ft. (approx. 8.25 acres) Open Space: 0.84 (non-residential conditional use) Environmental Features: Streams/Water Bodies: Streams on lot SFHA (Floodplain): N/A Wetlands: None shown Buffers: Stream Buffers = 65 ft. (Method A; Slopes = 6.4% - 7.2%) 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 21,780 sq. ft. (1/2 an acre) for non-residential 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: 11/06/2019 by mboyle) PIN#: 9829934847 CHAKEY PEDNEAU & OLIVE LLC 300 W HARGETT ST APT 704 RALEIGH, NC 27601 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. 11/06/2019 - mboyle Attachment 1 Attachment 2 RMCOCL Revised 30 January 2020 The Site Group Phone: 919-835-4787 1111 Oberlin Road Fax: 919-839-2255 Raleigh, North Carolina 27605 www.thesitegroup.net CLASS B SPECIAL USE PERMIT ADDITIONAL INFORMATION Orange County Lacrosse 7207 North NC Hwy 49 Mebane, NC 27302 Project Narrative The requested land use for this project is outdoor recreation. The proposed facility consists of 6 outdoor recreation fields, 72 paved parking spaces, 209 gravel parking spaces, 2 conex containers for storage, portable toilets, dumpster enclosure, and associated stormwater infrastructure. The owners wish to build this facility to host lacrosse practices, leagues and tournaments. Tournaments are typically held over weekends. League practices tend to be in the afternoon on weekdays. The owners also wish to rent the facility to other recreation groups for similar outdoor recreational activities. There will be no lights for the fields. With no lights the facility will only be usable during daylight hours. There will be no permanent toilet facilities or septic systems. Portable toilets will be used to provide restroom facilities. The owners will contract with a portable toilet provider for maintenance of the toilets. The owners will also contract with a private refuse company for trash removal at the site. Special Use Standards 5.3.2.A.2. (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 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. The project is designed to provide a 100’ undisturbed buffer to the adjoining properties. It is also sited in an area where the existing residences are not dense. The site drive is situated off of a low volume State maintained roadway that connects to NC Hwy 49. This configuration will provide additional safety for patrons of the new facility and the surrounding property owners. A traffic impact analysis has been prepared by Ramey Kemp and associates and will be submitted as part of this Special Use Permit process. RMCOCL Revised 30 January 2020 The Site Group Phone: 919-835-4787 1111 Oberlin Road Fax: 919-839-2255 Raleigh, North Carolina 27605 www.thesitegroup.net Project Owners James Chakey 300 West Hargett Street, Apt 704 Raleigh, NC 27601 Erica and Scott Olive 534 Bosworth Place Cary, NC 27519 Michael Pedneau 4804 Fairfield Road New Hill, NC 27562 Preliminary Schedule The owners wish to have the site operational for the late spring/ summer lacrosse season 2020. To achieve this we will submit for permit approvals soon after the decision on the Special Use Permit. The owner plans to break ground spring 2020. OWNER1_LAST OWNER1_FIRST ADDRESS1 CITY STATE ZIPCODE A. PARKER G. PARKER WARNER & PO BOX 50013 ALBUQUERQUE NM 87181 ATKINS NORMAN D 6817 N NC 49 MEBANE NC 27302 BRADSHER MAURICE & CHRISTY PO BOX 1631 MEBANE NC 27302 BRADSHER PARKER & MYRTIS 7215 NC HWY 49 MEBANE NC 27302 BRADSHER, ET. AL. PARKER 7222 NC HWY 49 MEBANE NC 27302 BYRD RONNIE RAY 7324 NC HWY 49 MEBANE NC 27302 BYRD VERNON & LUCILLE 7404 NC 49 MEBANE NC 27302 CATES ANTHONY 7303 ATKINS RD Mebane NC 27302 CHURCH MT ADAR BAPTIST 7416 NC 49 MEBANE NC 27302 DARRELL COOK JACKIE ELMORE & 7402 NC 49 N MEBANE NC 27302 LEWIS IDA AND JAMES 1774 KENWICK RD COLUMBUS OH 43209 MINTER JAY RANDOLPH 7101 ATKINS RD MEBANE NC 27302 MULLIS PAULA AMELIA 6535 LYNCH STORE RD MEBANE NC 27302 OLIVE LLC CHAKEY PEDNEAU & 300 W HARGETT ST, APT 704 RALEIGH NC 27601 PARKER ELAINE PO BOX 1131 HILLSBOROUGH NC 27278 PARKER ROY LEE 7014 NC 49 MEBANE NC 27302 PARKER ELAINE 7011 NC 49 MEBANE NC 27302 PARKER DEANNA C 7115 N NC 49 MEBANE NC 27302 PARKER ROY AND LOUIS 7014 NC 49 MEBANE NC 27302 ROGERS WILLIAM & YVONNE 5500 CORBETT RIDGE RD MEBANE NC 27302 ROGERS NANCY R 7912 NC 49 MEBANE NC 27302 S. PARKER, JR. G. DUNMORE & 8305 OSAGE TERRACE ADELPHI MD 20783 S. WILKINS, ET. AL. N. DAVIS & PO BOX 814 SPRINGLAKE NC 28390 SALGADO ARCADIO 6526 LYNCH STORE RD MEBANE NC 27302 SHEILDA SUTTON HEIRS JAMES DAYE & 800 HADLEY RD RALEIGH NC 27610 SHELTON MCDOWELL JAMES DAYE & 3530 SWANLEY DR GREENSBORO NC 27405 SMITH ANGELA B 225 MONTIBELLO DR CARY NC 27513 TINNIN, JR. FRANK W. 6737 LYNCH STORE RD MEBANE NC 27302 UNDERWOOD BOBBIE & EDDIE 5907 LYNCH STORE RD MEBANE NC 27302 WILLIAMS THOMAS AND ELISA 5409 EAST MILL POINTE LANE EFLAND NC 27243 Parcels within 1,000 ft. of Red Wolf (AKA OC Lacrosse) Property Page 1 of 3 S:\\ErosionControlDivision\2019\Cape Fear 02.06.19.PIN9829934847Workman PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Engineering / Erosion Control / Stormwater (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 February 06, 2019 Bobby Workman 7207 North NC 49 Mebane, NC 27302 Re: Orange County Unified Development Ordinance Surface Water Identification Back Creek Protected Watershed PIN: 9829934847 Dear Mr. Workman: This letter serves as confirmation of an on-site surface water identification made by Orange County Erosion Control Division staff for the referenced parcel. Orange County enforces a stream buffer along streams and water features in the County per the Orange County Unified Development Ordinance (see Section 6.13 Stream Buffers). According to current Orange County GIS imagery of the parcel, there are (3) previously mapped water features, one of which (Feature A) was evaluated. Feature A has been modified to current conditions. The subject water features will require an undisturbed buffer along both sides, as calculated per the referenced Ordinance regulations. These undisturbed buffer areas shall be measured from the top of the stream bank, outer edge of wet, marshy areas, or outer edge of the floodplain where applicable. In the instance where a water feature has braided stream segments with channels running parallel to one another, the buffer shall be measured from the outermost bank on either side. See below for examples of how the buffer is to be measured in varying situations: Page 2 of 3 S:\\ErosionControlDivision\2019\Cape Fear 02.06.19.PIN9829934847Workman OR OR Page 3 of 3 S:\\ErosionControlDivision\2019\Cape Fear 02.06.19.PIN9829934847Workman The following is a description of how the buffers affect the property: 1. Feature A, a previously mapped water feature, has been modified to current conditions and therefore is subject to buffer regulations. 2. The other two features are unchanged and therefore are subject to buffer regulations. If you have questions about this determination, please contact me at (919) 245-2588. However, if you have further questions about the application of the Unified Development Ordinance to this parcel, how to calculate the buffer lengths, or possible restoration requirements, please contact Michael Harvey, Current Planning Supervisor at 919-245- 2597. Sincerely, Steve Kaltenbach Erosion Control & Stormwater Officer II Attachments:Aerial Photograph / Map cc: File Feature A NC 49 ATKI N S R D6706 5 0 6906 7 0 710 710 710 69 0 690 AR USGS Water Feature Soils Survey Water Feature Water Bodies Parcels Zoning Streams (Deleted) 10' Contours (NCDOT) Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be field verified. Map prepared by Orange County Planning & Inspections. Orange County Surface Water Identification · 0175350 Feet PIN#: 9829934847 BOBBY C WORKMAN CAROL J WORKMAN 10 E CRESCENT RD SPARTANBURG, SC 293013025 2/6/2019 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 December 3, 2019 NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM) For Class B Special Use Permit Application SUP19-0023: Orange County Lacrosse To Whom It May Concern: Orange County Planning staff has received a Class B Special Use Permit (SUP) application proposing a new lacrosse facility, Orange County Lacrosse, on Atkins Road. You are receiving this letter because property you own is within 1,000 ft. of the lacrosse property, which is further described as follows: Parcel Identification Number (PIN)9829-93-4847 Owners Chakey, Pedneau, and Olive, LLC Location On Atkins Road near the intersection of NC 49 and Lynch Store Road Acreage 67.69 acres Proposed Use Recreational Facility (Class B SUP Required) Zoning xAgricultural Residential (AR) xBack Creek Protected Watershed The applicant is proposing an outdoor recreational facility for lacrosse league practice and tournaments. If approved, the facility will include the following features: x6 grass lacrosse fields; x281 parking spaces (72 paved and 209 gravel); and xA 100’ wide vegetative buffer around the perimeter of the property. The applicant is not proposing any outdoor lighting or permanent restroom facilities (i.e.,septic systems). With no lighting, the facility would operate during daylight hours only. When someone applies for a SUP, Section 2.7 of the County’s Unified Development Ordinance (UDO) requires that they hold a Neighborhood Information Meeting (NIM). The NIM allows adjacent property owners like you to meet with the applicants and discuss the proposed project. It also gives Planning staff the opportunity to answer any questions regarding the permitting process. Attachment 3 Here are the details for the Orange County Lacrosse NIM: NIM Meeting Date Tuesday, December 17, 2019 Time 6:30 p.m. Location Orange County Library 137 W. Margaret Lane Hillsborough, NC 27278 After the NIM, the Orange County Board of Adjustment (BOA) will hold a Quasi-Judicial Hearing to decide the Class B SUP case. We will send another notice in the coming weeks confirming the details for that hearing. I have enclosed several documents to help you better understand the SUP process and this case: xThe project narrative from Orange County Lacrosse; xThe proposed site plan for the project; xA site assessment that details the zoning requirements for the property; xA fact sheet on Special Use Permits and the quasi-judicial process; and xA vicinity map for the meeting location. If you have any questions, please contact Current Planning at 919-245-2574. Best Regards, M. Boyle Molly Boyle Planner I Orange County Planning and Inspections CC: File Enclosures: Narrative Site Plan Site Assessment Special Use Permit Fact Sheet Vicinity Map (Meeting Location and Parking) Easements LINE_CODE Road Easement Stream Buffer 65ft Soils USGS Stream Soils Survey Stream 2' Contours (NCDOT) Parcels Streets Zoning Water Body FIRM Watershed · 075150Feet 1 inch = 300 feet Flood Panel: 9828K Back Creek Protected Watershed NC 49ATKINS RDAR 710708706698694688684660 7006966926906866766626546 5 2 7 1 2 678680672668674670712708706700698696694710 704 702 700698 696 694 70 2 690684682680678686684680678 676 674 698696 69669471 4 7126966946 8 2 66 6 6 6 4 6566926926 8 6 6 7 8 6 5 0 714 694696694 6826 7 8 Soil: HeB Soil: WmD Soil: EnB Soil: VaB Soil: VaB Soil: EnB Soil: EnB Soil: HeB Soil: ApB Soil: W Site Assessment for PIN:9829-93-4847 Site Data: Zoning: Agricultural Residential (AR) Acreage: 68.78 acres Overlay Districts: Back Creek Protected Watershed Overlay District Plat/Legal Description: N/S NC Hwy 49; no plat Other: Deed DB 6579/ PG 89 Zoning Requirements: Max. Density: 1 unit per 40,000 sq. ft. Min. Lot Size: 40,000 sq. ft. Min. lot width: 150’ Maximum height: 25’ (See UDO Sec. 6.2.2 for height bonus) Building Setbacks: Front (and Corner lots) = 40’ Side Setbacks = 20’ Rear Yard Setback = 20’ Outdoor Athletic Fields = 50’ (UDO Sec. 5.7.2) Ratios: Floor Area Ratio = 0.100 (non-residential conditional use) Max. Impervious Surface: 12% of 68.78 acres = 359,526.81 sq. ft. (approx. 8.25 acres) Open Space: 0.84 (non-residential conditional use) Environmental Features: Streams/Water Bodies: Streams on lot SFHA (Floodplain): N/A Wetlands: None shown Buffers: Stream Buffers = 65 ft. (Method A; Slopes = 6.4% - 7.2%) 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 21,780 sq. ft. (1/2 an acre) for non-residential 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: 11/06/2019 by mboyle) PIN#: 9829934847 CHAKEY PEDNEAU & OLIVE LLC 300 W HARGETT ST APT 704 RALEIGH, NC 27601 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. 11/06/2019 - mboyle 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 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 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 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 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 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. Parcels Streets · 01020Feet 1 inch = 70 feetS CHURTON STARGARET LNEXC H A N GE PARKLN NASH AND KOLLOCK ST W MARGARET LN PIN#: 9874052954 COUNTY ORANGE P O BOX 8181 HILLSBOROUGH, NC 27278 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. 08/27/2019 - mboyle Orange County Library (137 W. Margaret Lane) Parking Parking Deck Library 1 NIM Meeting Notes SUP19-0023: Orange County Lacrosse Tuesday, December 17, 2019 6:30 pm In attendance: Christine Parker, Elaine Parker, Roy Parker, Carmen Bradsher, and three unknown neighborsi (Neighbors); Sam Nye (Project Engineer); Scott and Erica Olive (Property Owners/Applicants); Molly Boyle, Tyler Sliger, Pat Mallett, and Michael Harvey (OC Current Planning) Tyler Sliger and Molly Boyle (OC Planning) gave a general overview of Special Use Permits and the application process. Sam Nye (Engineer) reviewed the proposed site plan, including the driveway location, parking area, lacrosse fields, 100’ perimeter buffer, and portable toilets. The applicants are not proposing amplified sound or lighting, so the use would be limited to daylight hours. Scott Olive (Owner/Applicant) explained that he and his partners currently hold lacrosse tournaments and practices in the Cary/Apex area. Lacrosse fields are difficult to come by, so they saw this as an opportunity to establish some playing space in Orange County. The owners would welcome the opportunity to lease the fields for other sports since there isn’t a demand for lacrosse fields year-round. Mr. Olive said the facility would cater to school-aged lacrosse players (as opposed to adults). *** At this point, Planning staff opened the floor for questions. The neighbors expressed their concerns, which are summarized below: xPortable toilets –Neighbors wondered why the site plan proposes portable toilets. Does the property have poor soil that can’t support septic? Will these portable toilets be maintained (i.e.,emptied regularly and kept clean)? Will the odor from the portable toilets impact surrounding lots? Answers:Scott Olive (Owner/Applicant) noted that they’re proposing a 100’ buffer of woods around the perimeter of the property to shield neighbors from the lacrosse facility. Erica Olive (Owner/Applicant) said that the portable toilets would be rented for events. The portable toilets would be delivered on a Friday and removed after the weekend. They would not remain on the property year-round. Sam Nye (Engineer) said he was not sure about the soil evaluation results since the applicants have always proposed portable toilets as opposed to permanent restroom facilities. xSolid Waste –People also asked about trash. They were concerned that players and game attendees would leave garbage behind. Neighbors also voiced concerns about dumping on the property. 2 Answers:The property owners/applicants noted that this facility would be an investment for them, so it would be in their own best interest to keep it clean. OC Solid Waste is reviewing the proposed plan and any violations of Solid Waste regulations could result in enforcement action from that department. xSanitation –In relation to the portable toilets, one neighbor worried about sanitation. Portable toilets don’t necessarily have a place for hand-washing. If the applicants aren’t proposing a well, how will people wash their hands? And are the proposed portable toilets enough to support the number of game attendees? Answers:The property owners/applicants said attendees usually bring hand sanitizer to events. Sam Nye (Engineer) suggested a “sanitation station,” a table set up with hand sanitizers for players and guests. The applicants also noted that the portable toilets would be “nicer” than the standard portable toilets you see on a construction site. These toilets would be portable restroom trailers you see at wedding events, etc. xSafety –A neighbor asked how the property would be kept secure when not in use. Answer:The property owners/applicants would like to install a fence/gate. Planning would have no objections to this. xHunting –One neighbor said her fiancé and a friend received permission to hunt on the property from the previous owner. They were unaware the property had been sold. Can they collect their tree stands? Also, have the owners considered leasing the acreage outside of the lacrosse facility for hunting? Answers:The property owners/applicants had no objection to the neighbors collecting their tree stands. The owners haven’t thought much about the residual acreage since they’re focusing on the lacrosse facility at the moment. Michael Harvey (Current Planning) said that a commercial hunting operation would need zoning approval; however, if the owners want to grant access to neighbors for hunting— without receiving payment—they could do that without a permit. xTraffic –The group expressed a lot of concern about the increase in traffic. The site plan proposes almost 300 parking spaces. How many people will be on-site at one time? Where will the driveway be? How will the increase in traffic be handled? Answers: Molly Boyle (Current Planning) said that the applicants paid for a Traffic Impact Analysis (TIA). The TIA evaluates how the proposed use, in this case a lacrosse facility, will affect traffic in the area. Since Atkins Road and NC 49 are State-maintained roads, the TIA was submitted to NC DOT. If any improvements to the roads are required, NC DOT will be making those requests. 3 Scott and Erica Olive said there would be about 100 people on-site at one time. They don’t expect to have all the parking spaces filled for events; they just wanted to provide ample parking. Sam Nye (Engineer) and the Olives made note of existing traffic concerns, such as speeding, transfer trucks, and lack of drainage on NC 49. xExisting Farm Operations –Norman Atkins’ nephew attended the meeting on behalf of his uncle, who runs a large farming operation on the parcels across the street. He asked if the lacrosse facility would impact their farming operation in any way. He also noted that farming can produce some offensive smells. For instance, they spray the tobacco leaves with fatty alcohol (which is very potent) to prevent the growth of suckers. If people at the lacrosse facility complain about the smell, will that cause problems for the farmers? Answers: Michael Harvey (Current Planning) said that farming is a land use protected under State law. This includes smells resulting from pesticides, fertilizers, etc. Game attendees could complain about the smell, but the Planning Department would not take any enforcement action against the farmers for it. The Olives were not aware of the smells from neighboring farms, but they made note of them. xFuture Development –People were concerned about the possible development of the non-lacrosse portion of the property. Are the owners planning on a high-density development? Answers:The property owners/applicants do not have any immediate plans to develop the residual acreage. They said they haven’t started to explore that yet. Molly Boyle (Current Planning) said the minimum lot size in that area of the County is 40,000 sq. ft. (just under one acre), which would suggest a high-density subdivision might be possible. However, there is no potential for sewer connection out there. Also, the property is in the Back Creek Protected Watershed, which limits the property to 12% impervious surface area (i.e.,only 12% of the property can be covered with surfaces like concrete, gravel, and building footprints). There is also a 65’ stream buffer required for the stream on the lot. No buildings or septic can go in the stream buffer area. In summary, the lot has the potential to be subdivided but not at a high density. The lots would have to be supported by septic, which means the quality of the soils will also affect the size of the subdivision. *** Molly Boyle asked attendees to sign the sign-in sheet before leaving. She encouraged attendees to contact Planning with any questions. When a hearing date is scheduled for the project, Planning staff will send out notices for the neighbors about the hearing. i Seven neighbors attended the meeting, but only four signed the sign-in sheet. 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 January 30, 2020 ORANGE COUNTY BOARD OF ADJUSTMENT NOTICE OF EVIDENTIARY HEARING For Review of the Class B Special Use Permit Application SUP19-0023: Red Wolf Sportsplex (AKA Orange County Lacrosse) To Whom It May Concern: Orange County Planning staff has received a Class B Special Use Permit (SUP) application proposing a new lacrosse facility on Atkins Road. The project, formerly called Orange County Lacrosse, is now called Red Wolf Sportsplex. You are receiving this letter because property you own is within 1,000 ft. of the lacrosse property, which is further described as follows: Parcel Identification Number (PIN) 9829-93-4847 Owners Chakey, Pedneau, and Olive, LLC Location On Atkins Road near the intersection of NC 49 and Lynch Store Road Acreage 67.69 acres Proposed Use Recreational Facility (Class B SUP Required) Zoning x Agricultural Residential x Back Creek Protected Watershed What is being proposed? The applicant is proposing an outdoor recreational facility for lacrosse league practice and tournaments. If approved, the facility will include the following features: x 6 grass lacrosse fields; x 281 parking spaces (72 paved and 209 gravel); and x A 100’ wide vegetative buffer to screen the lacrosse fields from neighboring properties. 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 an evidentiary hearing in a “quasi-judicial” format. In other words, the board hears evidence and makes a decision much like a panel of judges. The applicants must prove to the board that the project meets all necessary requirements. The board members hear factual evidence and sworn testimony from the applicants and from opposing parties. The board then decides to approve or deny the application based on the evidence submitted during the hearing. Note that only competent, substantial, and material evidence will be considered. In other words, the board will not consider personal opinions when making its decision; those opinions must be supported by factual evidence. 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 participate. Property owners within 1,000 ft. of the proposed recreational facility property, such as you, 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 February 10, 2020 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, Molly Boyle Molly Boyle Planner I Orange County Planning and Inspections Enclosures: Site Assessment Special Use Permit Fact Sheet Vicinity Map (Meeting Location and Parking) Easements LINE_CODE Road Easement Stream Buffer 65ft Soils USGS Stream Soils Survey Stream 2' Contours (NCDOT) Parcels Streets Zoning Water Body FIRM Watershed · 075150Feet 1 inch = 300 feet Flood Panel: 9828K Back Creek Protected Watershed NC 49ATKINS RDAR 710708706698694688684660 7006966926906866766626546 5 2 7 1 2 678680672668674670712708706700698696694710 704 702 700698 696 694 70 2 690684682680678686684680678 676 674 698696 69669471 4 7126966946 8 2 66 6 6 6 4 6566926926 8 6 6 7 8 6 5 0 714 694696694 6826 7 8 Soil: HeB Soil: WmD Soil: EnB Soil: VaB Soil: VaB Soil: EnB Soil: EnB Soil: HeB Soil: ApB Soil: W Site Assessment for PIN:9829-93-4847 Site Data: Zoning: Agricultural Residential (AR) Acreage: 68.78 acres Overlay Districts: Back Creek Protected Watershed Overlay District Plat/Legal Description: N/S NC Hwy 49; no plat Other: Deed DB 6579/ PG 89 Zoning Requirements: Max. Density: 1 unit per 40,000 sq. ft. Min. Lot Size: 40,000 sq. ft. Min. lot width: 150’ Maximum height: 25’ (See UDO Sec. 6.2.2 for height bonus) Building Setbacks: Front (and Corner lots) = 40’ Side Setbacks = 20’ Rear Yard Setback = 20’ Outdoor Athletic Fields = 50’ (UDO Sec. 5.7.2) Ratios: Floor Area Ratio = 0.100 (non-residential conditional use) Max. Impervious Surface: 12% of 68.78 acres = 359,526.81 sq. ft. (approx. 8.25 acres) Open Space: 0.84 (non-residential conditional use) Environmental Features: Streams/Water Bodies: Streams on lot SFHA (Floodplain): N/A Wetlands: None shown Buffers: Stream Buffers = 65 ft. (Method A; Slopes = 6.4% - 7.2%) 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 21,780 sq. ft. (1/2 an acre) for non-residential 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: 11/06/2019 by mboyle) PIN#: 9829934847 CHAKEY PEDNEAU & OLIVE LLC 300 W HARGETT ST APT 704 RALEIGH, NC 27601 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. 11/06/2019 - mboyle 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 Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Application Submittal Class B SUP: Schedule NIM, DAC & Board of Adjustment quasi- judicial hearing Class A SUP: Schedule NIM, DAC, Planning Board meeting & BOCC quasi-judicial hearing BOCC decision Planning Board for review and recommendation Board of Adjustment decision Publish Legal Ad, Post Sign & Mail Notice for Public Hearing BOCC holds quasi- judicial hearing at quarterly public hearing Special Use Permit Neighborhood Information Meeting Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) Development Advisory Committee (DAC) Meeting Staff Review/ Analysis Begins BOA holds quasi- judicial hearing Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) & Planning Board meeting Publish Legal Ad, Post Sign & Mail Notice for Public Hearing Development Advisory Committee (DAC) Meeting Neighborhood Information Meeting 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 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 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 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. Parcels Streets · 02040Feet 1 inch = 80 feetWQUEEN STW TRYON STNHASSELLSTWhitted Building (300 W. Tryon St.) Whitted Building Parking Parking Parking Parking Parking Parking Parking Parking 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 November 12, 2019 Samuel R. Nye, PE The Site Group 1111 Oberlin Road Raleigh, NC 27605 Chakey, Pedneau, and Olive, LLC 300 West Hargett Street Apt. 704 Raleigh, NC 27601 DEVELOPMENT ADVISORY COMMITTEE (DAC) COMMENTS FOR SUP19-0023 (LACROSSE) Dear Mr. Nye: On October 31, 2019, the Orange County Planning Department received a Class B Special Use Permit (SUP) application proposing a lacrosse facility on NC 49. The property is further described as follows: Parcel ID Number (PIN)9829-93-4847 Owner Chakey, Pedneau, and Olive, LLC Location West of the T-junction of Lynch Store and NC 49 Acreage 67.69 acres (per survey) Zoning/Watershed Agricultural Residential/Back Creek Protected Special Use Permit Category Class B –Recreational Facility The SUP application proposes the following: x6 lacrosse fields; x281 parking spaces (72 paved; 209 gravel); x2 shipping containers for storage; xPortable toilets (i.e.,no septic); xA stormwater control measure; and xA 100’ vegetative buffer around the perimeter of the property. 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 November 7, 2019. The DAC offers the following comments: Attachment 4 2 Planning Comments: I. General Questions 1.What material will you use for the lacrosse fields? Natural grass or turf? 2.Do you have plans for a scoreboard and/or bleachers? If so, please show them on the site plan. 3.Please show the location of the bathroom facilities (i.e.,portable toilets) on the site plan. II. UDO Section 2.5.3 –Site Plan Review (Plan Specifications) 1.Include land uses for adjacent properties. 2.Include State Road numbers. 3.Include total square footage and height of the conex structures. 4.Correct the stream buffers to 65’ (not 60’). 5.Write the estimated number of trips per day on the site plan summary table. 6.Show the building setbacks for the conex structures. 7.Is any signage proposed? If so, indicate sign location on site plan. 8.Per Section 2.5.3 (Q), show existing contour lines as dashed and proposed contour lines as solid. Show at 5’ intervals with 10’ contours in bold. 9.Are limits of disturbance (LD) the same as the tree protection fencing line (TP)? Show LD on site plan. 10.Add the method of disposal of trees, limbs, stumps, and construction debris associated with the permitted activity to the plan itself. Also, put the following note: “open burning of trees, limbs, stumps, and/or construction debris is expressly prohibited.” 11.As staff understands it, you intend to subdivide the property later on and use the remainder for residential development. Do you know how many acres you plan to reserve for the lacrosse facility? Consider putting that information on the site plan. If not, you may need to modify the SUP later on before being able to subdivide. III. UDO Section 5.7.2 –Standards for Recreational Uses (Recreational Facilities) 1.Put a note on the site plan that no lighting is proposed. Should you require lighting at a later date (temporary or permanent), you will need to modify the SUP at that time. 2.Include the number of anticipated participants. 3.Submit a signed letter from the owners and operators that the project will not have an adverse effect on the adjacent properties (UDO Sec. 5.7.2 (C) (1) (e)). IV. UDO Section 6.8 –Landscaping, Buffers, and Tree Protection 1.Label the primary and secondary tree protection areas (UDO Sec. 6.8.4 (A)). 2.Include a more detailed description of the existing tree stands, including type (e.g., hardwood or evergreen, canopy or understory), average height, and average diameter at breast height (DBH). 3.On the landscape plan, show a legend and description (e.g., type, species) of proposed plantings on the northern property line (UDO Sec. 6.8.10 (C) (4 –5)). 4.Per Section 6.8.10 (C) (7), show the storage areas for construction vehicles and materials. 5.Add information on the typical plantings for the tree islands. 3 V. UDO Section 6.9 –Parking, Loading, and Circulation 1.Show greater parking detail, including spaces (dimensioned and numbered). 2.Confirm with Inspections how many ADA spaces will be required. Then show these spaces on the site plan. 3.Based on the proposed width of the drive aisle, staff assumes you are proposing a two-way traffic pattern. Please show this with arrows on the site plan. Solid Waste Comments: 1.On Sheet SUP 2.0, add a note stating that the collection of solid waste will be by a private vendor. 2.On Sheet SUP 5.0, the clear opening between each set of gates on the dumpster enclosure shall be 12' and the overall opening shall be 24'. Revise the detail and the plan view on the site plan accordingly. Environmental Health Comments: 1.Septic permitting is not required since this project is proposing portable toilets. However, are you proposing an irrigation well for the lacrosse fields? A well for potable water? If so, you will need to apply for well permits. Please clarify. Erosion Control/Stormwater Comments: 1.Michael Harvey, Current Planning and Erosion Control Supervisor, requested preliminary stormwater calculations. Building Inspections and Fire Marshal Comments: 1.Please contact Building Inspections to determine if you will need building permits for the shipping containers. Since no other structures are proposed, Inspections will not likely have comments on the rest of the plan. 2.The Fire Marshal has indicated his review is not required for the Special Use Permit. 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 me (919-245-2599; mboyle@orangecountync.gov) or Tyler Sliger (919-245-2598;tsliger@orangecountync.gov). 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 1 November 22, 2019 Orange County Planning Department C/O Molly Boyle, 131 W. Margaret Lane Suite 201 P.O. Box 8181 Hillsborough, NC 27278 Plan review comments are listed below. Our responses are in bold italics following the comments. I. General Questions 1. What material will you use for the lacrosse fields? Natural grass or turf? The material will be natural grass. We will grow Bermuda grass via seeding. Fields may be sodded with Bermuda if necessary to get play ready prior to the start of the lacrosse season in late spring. 2. Do you have plans for a scoreboard and/or bleachers? If so, please show them on the site plan. The owner plans to have two bleachers each on Field 1 & 2 on the north side with four seating rows. We are not proposing a scoreboard. 3. Please show the location of the bathroom facilities (i.e., portable toilets) on the site plan. The facility will start operation with single-use portable toilets. In the future, they will upgrade to the trailer style portable toilets should demand warrant. The Site Plan has been updated to show the portable toilet locations. II. UDO Section 2.5.3 – Site Plan Review (Plan Specifications) 1. Include land uses for adjacent properties. Adjacent land uses added to the plans. 2. Include State Road numbers. State Road numbers added to the plans. 3. Include total square footage and height of the conex structures. The Conex structures are 20’x 8’x 9.5’ tall. 4. Correct the stream buffers to 65’ (not 60’). Stream buffers corrected to 65’. 5. Write the estimated number of trips per day on the site plan summary table. This information has been added to the Site Plan Summary. 430 Daily trips. 6. Show the building setbacks for the conex structures. 2 Building setbacks for front (40’), side (20’), and rear (20’) have been added. 7. Is any signage proposed? If so, indicate sign location on site plan. A small wooden or vinyl entry sign has been added to the entry to the project. It is outside of the public right of way and far enough back to not interfere with sight distance at the Atkins Road driveway. 8. Per Section 2.5.3 (Q), show existing contour lines as dashed and proposed contour lines as solid. Show at 5’ intervals with 10’ contours in bold. We will change the surface to show 5’ intervals and bold the 10’. 9. Are limits of disturbance (LD) the same as the tree protection fencing line (TP)? Show LD on site plan. Yes. The LD is the TP fence line. We have shown and labeled it. 10. Add the method of disposal of trees, limbs, stumps, and construction debris associated with the permitted activity to the plan itself. Also, put the following note: “open burning of trees, limbs, stumps, and/or construction debris is expressly prohibited.” The limits of disturbance will be flagged and tree fence will be installed. The area of disturbance will be logged and any significant timber will be removed by the timber company. Smaller trees and stumps will be ground to mulch and sold or hauled offsite. A note has been added to the drawings. See general note #6. 11. As staff understands it, you intend to subdivide the property later on and use the remainder for residential development. Do you know how many acres you plan to reserve for the lacrosse facility? Consider putting that information on the site plan. If not, you may need to modify the SUP later on before being able to subdivide. We have shown a future property line for the subdivision. We have called out the lot areas and we have verified the impervious surface percentages for the lacrosse lot is below the 12% maximum. III.UDO Section 5.7.2 – Standards for Recreational Uses (Recreational Facilities) 1. Put a note on the site plan that no lighting is proposed. Should you require lighting at a later date (temporary or permanent), you will need to modify the SUP at that time. See General Note #7. 2. Include the number of anticipated participants. The maximum number of participants for any given time is 400. 3. Submit a signed letter from the owners and operators that the project will not have an adverse effect on the adjacent properties (UDO Sec. 5.7.2 (C) (1) (e)). The letter has been drafted and the owners are signing it. An original copy will be sent to the O.C. Planning Department to Molly’s attention. 3 IV.UDO Section 6.8 – Landscaping, Buffers, and Tree Protection 1. Label the primary and secondary tree protection areas (UDO Sec. 6.8.4 (A)). We will figure out where they need to be and label them. 2. Include a more detailed description of the existing tree stands, including type (e.g., hardwood or evergreen, canopy or understory), average height, and average diameter at breast height (DBH). A narrative will be provided on the trees and we will add a landscape plan. 3. On the landscape plan, show a legend and description (e.g., type, species) of proposed Plantings on the northern property line (UDO Sec. 6.8.10 (C) (4 – 5)). We will supplement clear buffering areas with additional plantings. 4. Per Section 6.8.10 (C) (7), show the storage areas for construction vehicles and materials. Staging will be to the west of Field One. 5. Add information on the typical plantings for the tree islands. We will provide more. V. UDO Section 6.9 – Parking, Loading, and Circulation 1. Show greater parking detail, including spaces (dimensioned and numbered). The total quantity of parking spots for each bay has been labeled. We have also added a Typical Parking Space Layout detail to Sheet SUP 5.0 and provided the requested dimensions. 2. Confirm with Inspections how many ADA spaces will be required. Then show these spaces on the site plan. Based on NC Building Code Accessible Parking spaces are based on the total parking spaces provided for a project. In our case we are providing 279 spaces. A minimum of 7 accessible spaces are required, 2 of which must be van accessible spaces. 3. Based on the proposed width of the drive aisle, staff assumes you are proposing a two-way traffic pattern. Please show this with arrows on the site plan. Yes, we are proposing two-way traffic. Arrows have been added to the site plan. Solid Waste Comments: 1. On Sheet SUP 2.0, add a note stating that the collection of solid waste will be by a private vendor. A note will be placed stating that the collection of solid waste will be by a private vendor. 2. On Sheet SUP 5.0, the clear opening between each set of gates on the dumpster enclosure shall be 12' and the overall opening shall be 24'. Revise the detail and the plan view on the site plan accordingly. We have revised the dumpster detail and site plan per your comments. Thank you. 4 Environmental Health Comments: 1. Septic permitting is not required since this project is proposing portable toilets. However, are you proposing an irrigation well for the lacrosse fields? A well for potable water? If so, you will need to apply for well permits. Please clarify. We are not currently proposing a well for irrigation or potable water. Should one be required in the future we will apply for well permits. Erosion Control/Stormwater Comments: 1. Michael Harvey, Current Planning and Erosion Control Supervisor, requested preliminary stormwater calculations. Understood. We will provide preliminary stormwater calculations on or before Wednesday November 27, 2019. Building Inspections and Fire Marshal Comments: 1. Please contact Building Inspections to determine if you will need building permits for the shipping containers. Since no other structures are proposed, Inspections will not likely have comments on the rest of the plan. We will contact Building Inspections early next week regarding the shipping containers. 2. The Fire Marshal has indicated his review is not required for the Special Use Permit. Noted. Thank you. Please feel free to call me at (919) 835-4787 ext. 230 if you would like to discuss any aspect of this project. Sincerely, Samuel R. Nye Sam Nye The Site Group, PLLC 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 December 13, 2019 Samuel R. Nye, PE The Site Group 1111 Oberlin Road Raleigh, NC 27605 Chakey, Pedneau, and Olive, LLC 300 West Hargett Street Apt. 704 Raleigh, NC 27601 SUP19-0023 (LACROSSE)–STAFF COMMENTS ON REVISED SITE PLAN Dear Mr. Nye: On November 22, 2019, the Orange County Planning Department received the revised site plan for your Class B Special Use Permit (SUP) application, which proposes a lacrosse facility on NC 49 (PIN 9829-93-4847). Planning staff reviewed these revisions in accordance with Section 2.7 of the Unified Development Ordinance (UDO), presenting them to the Development Advisory Committee (DAC) on December 5, 2019. The site plan is mostly compliant with Orange County regulations, but we require a few more revisions: xPatrick Mallett, Planner II, recommended showing sight distance triangles at the entrance on Atkins Road (see enclosed Figure 7.8.5.D.8). The sight distance area needs to be clear of signage, vegetation, and other visual obstructions. xYou may want to revise the 100’ boundary buffer so it applies only to the proposed lacrosse facility parcel (as opposed to the entire existing parcel, including the portion you intend to subdivide out for residential use). You may also want to indicate that the exact location of the new property line is subject to change. xMake sure that the following statement is on the site plan: “open burning of trees, limbs, stumps, and/or construction debris is expressly prohibited.” I did not see this but if I overlooked it, you can disregard this comment. xPer UDO Section 6.9.10, standard parking spaces must be at least 9’ wide and a minimum of 180 sq. ft. in area. The parking detail on SUP 5.0 indicates that most spaces will be only 162 sq. ft. in area. Please see Section 6.9.10 (enclosed) for standard parking 2 requirements and provisions for compact spaces. xThe general notes and planting details on SUP 4.0 are overlapping: xAt the DAC meeting, DeAngelo Jones (NC DOT) noted that you will need a driveway permit for the entrance on Atkins Road. You can reach Mr. Jones at 336-570-6833 if you have any questions for NC DOT. xPlease send copies of the TIA, stormwater calculations, and landscape plan(s) when they are ready. If you have any other questions, please let me know. We will see you at the Neighborhood Information Meeting on December 17, 2019. Note you do not need to have these revisions completed before the neighborhood meeting, but please submit them by January 16, 2020. Best Regards, 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 0ROO\%R\OH )URP 0ROO\%R\OH 6HQW 7XHVGD\-DQXDU\ $0 7R 3KLO9LODUR 6XEMHFW 5( 5HTXHVWIRU5HVSRQVH/DFURVVH)DFLOLW\DW$WNLQV5RDG zŽƵƌŝŶƚĞƌƉƌĞƚĂƚŝŽŶŝƐĐŽƌƌĞĐƚ͘dŚĂŶŬLJŽƵĨŽƌLJŽƵƌƌĞƐƉŽŶƐĞ͕WŚŝů͊ ĞƐƚ͕ DŽůůLJ )URP 3KLO9LODUR 6HQW )ULGD\-DQXDU\ 30 7R 0ROO\%R\OH 6XEMHFW 5( 5HTXHVWIRU5HVSRQVH/DFURVVH)DFLOLW\DW$WNLQV5RDG ĞĂƌDŽůůLJ͗ LJŵLJŝŶƚĞƌƉƌĞƚĂƚŝŽŶ͕ƚŚĞĐƵƌƌĞŶƚƉƌŽƉŽƐĂůĚŽĞƐŶŽƚĂƉƉĞĂƌƚŽĐŽŶƚĂŝŶĂŶLJƉůĂŶƐĨŽƌƐƚƌƵĐƚƵƌĞƐƚŽďĞƐĞƌǀĞĚďLJǁĞůů;ƐͿ ĂŶĚƐĞƉƚŝĐƐLJƐƚĞŵ;ƐͿ͘/ƚŝƐŵLJƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚŽŶůLJŵĞƚĂůĞƋƵŝƉŵĞŶƚƐƚŽƌĂŐĞĐŽŶƚĂŝŶĞƌƐͬďƵŝůĚŝŶŐƐĂƌĞƚŽďĞůŽĐĂƚĞĚ ŽŶƚŚĞƉƌĞŵŝƐĞƐ͕ĂŶĚƚŚĂƚƉŽƌƚĂďůĞĐŚĞŵŝĐĂůƚŽŝůĞƚƐǁŝůůďĞƉƌŽǀŝĚĞĚĨŽƌƚŚĞƉĂƚƌŽŶƐŽĨƚŚĞĨĂĐŝůŝƚLJ͘WůĞĂƐĞĐŽƌƌĞĐƚŵĞŝĨ/ ŚĂǀĞĞƌƌŽŶĞŽƵƐůLJĐŽŶĐůƵĚĞĚĂŶLJŽĨƚŚĞĨŽƌĞŐŽŝŶŐ͘ ĐĐŽƌĚŝŶŐůLJ͕ďĂƐĞĚŽŶŵLJƌĞǀŝĞǁ͕ƚŚĞ ŶǀŝƌŽŶŵĞŶƚĂů,ĞĂůƚŚ^ĞƌǀŝĐĞƐŝǀŝƐŝŽŶŚĂƐŶŽŽďũĞĐƚŝŽŶƚŽƚŚĞŐƌĂŶƚŝŶŐŽĨĂ^hW 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dŚĂŶŬLJŽƵ͊^Ăŵ ^ĂŵƵĞůZ͘ELJĞ͕W ͮWƌŝŶĐŝƉĂů ƐƌŶΛƚŚĞƐŝƚĞŐƌŽƵƉ͘ŶĞƚ THE SITE GROUP ŝǀŝů ŶŐŝŶĞĞƌƐͻ>ĂŶĚƐĐĂƉĞƌĐŚŝƚĞĐƚƐ ϭϭϭϭKďĞƌůŝŶZŽĂĚƚ͗ϵϭϵ͘ϴϯϱ͘ϰϳϴϳ ZĂůĞŝŐŚ͕EϮϳϲϬϱĐ͗ϵϭϵ͘ϵϵϲ͘ϵϭϯϲ &ƌŽŵ͗ĂƌŽůŝŶĞŽũĂƌƐŬŝŵĂŝůƚŽ͗ĐďŽũĂƌƐŬŝΛƌĂŵĞLJŬĞŵƉ͘ĐŽŵ ^ĞŶƚ͗DŽŶĚĂLJ͕:ĂŶƵĂƌLJϮϳ͕ϮϬϮϬϭϮ͗ϱϵWD dŽ͗^ĂŵELJĞфƐƌŶΛƚŚĞƐŝƚĞŐƌŽƵƉ͘ŶĞƚх ^ƵďũĞĐƚ͗&t͗ džƚĞƌŶĂů>ĂĐƌŽƐƐĞ&ŝĞůĚƐͲKƌĂŶŐĞŽƵŶƚLJͲdƌĂĨĨŝĐƐƐĞƐƐŵĞŶƚ^ƵďŵŝƚƚĂů ,ĞLJ^Ăŵ͊ ĞůŽǁĂƌĞƚŚĞĐŽŵŵĞŶƚƐǁĞƌĞĐĞŝǀĞĚĨƌŽŵƚŚĞEKd͘/ǁŝůůďĞĂƚƚŚĞŵĞĞƚŝŶŐŝŶ&ĞďƌƵĂƌLJ͘'ŝǀĞŵĞĂĐĂůůŝĨLJŽƵǁĂŶƚƚŽ ĚŝƐĐƵƐƐ͘ dŚĂŶŬƐ͊ ĂƌŽůŝŶĞŽũĂƌƐŬŝ͕ / dƌĂŶƐƉŽƌƚĂƚŝŽŶƐƐŽĐŝĂƚĞ ZĂŵĞLJ<ĞŵƉΘƐƐŽĐŝĂƚĞƐ͕/ŶĐ͘ KĨĨŝĐĞ͗ϵϭϵͲϴϳϮͲϱϭϭϱ ŝƌĞĐƚ͗ϵϭϵͲϵϴϳͲϭϮϴϭ WƌŽƵĚůLJƐĞƌǀŝŶŐƚŚĞ^ŽƵƚŚĞĂƐƚƐŝŶĐĞϭϵϵϮ͘ &ƌŽŵ͗ĂƌŽůŝŶĞŽũĂƌƐŬŝ ^ĞŶƚ͗DŽŶĚĂLJ͕EŽǀĞŵďĞƌϮϱ͕ϮϬϭϵϭ͗ϭϵWD dŽ͗ ĚǁĂƌĚƐ͕ŚĂƌůĞƐEфĐŶĞĚǁĂƌĚƐΛŶĐĚŽƚ͘ŐŽǀх͖ŵŚĂƌǀĞLJΛŽƌĂŶŐĞĐŽƵŶƚLJŶĐ͘ŐŽǀ Đ͗:ŽƐŚƵĂZĞŝŶŬĞфũƌĞŝŶŬĞΛƌĂŵĞLJŬĞŵƉ͘ĐŽŵх͖:ŽŶĞƐ͕ĞŶŐĞůŽ:фĚũũŽŶĞƐϭΛŶĐĚŽƚ͘ŐŽǀх ^ƵďũĞĐƚ͗Z ͗ džƚĞƌŶĂů>ĂĐƌŽƐƐĞ&ŝĞůĚƐͲKƌĂŶŐĞŽƵŶƚLJͲdƌĂĨĨŝĐƐƐĞƐƐŵĞŶƚ^ƵďŵŝƚƚĂů dŚĂŶŬƐ͕ŚƵĐŬ͊ ,ĂǀĞĂŐƌĞĂƚŚŽůŝĚĂLJ͊ ĂƌŽůŝŶĞŽũĂƌƐŬŝ͕ / dƌĂŶƐƉŽƌƚĂƚŝŽŶƐƐŽĐŝĂƚĞ ZĂŵĞLJ<ĞŵƉΘƐƐŽĐŝĂƚĞƐ͕/ŶĐ͘ ϱϴϬϴ&ĂƌŝŶŐĚŽŶWůĂĐĞ͕^ƵŝƚĞϭϬϬ ZĂůĞŝŐŚ͕EϮϳϲϬϵ KĨĨŝĐĞ͗ϵϭϵͲϴϳϮͲϱϭϭϱ ŝƌĞĐƚ͗ϵϭϵͲϵϴϳͲϭϮϴϭ WƌŽƵĚůLJƐĞƌǀŝŶŐƚŚĞ^ŽƵƚŚĞĂƐƚƐŝŶĐĞϭϵϵϮ͘ &ƌŽŵ͗ ĚǁĂƌĚƐ͕ŚĂƌůĞƐEфĐŶĞĚǁĂƌĚƐΛŶĐĚŽƚ͘ŐŽǀх ^ĞŶƚ͗DŽŶĚĂLJ͕EŽǀĞŵďĞƌϮϱ͕ϮϬϭϵϭϬ͗ϰϬD dŽ͗ĂƌŽůŝŶĞŽũĂƌƐŬŝфĐďŽũĂƌƐŬŝΛƌĂŵĞLJŬĞŵƉ͘ĐŽŵх͖ŵŚĂƌǀĞLJΛŽƌĂŶŐĞĐŽƵŶƚLJŶĐ͘ŐŽǀ Đ͗:ŽƐŚƵĂZĞŝŶŬĞфũƌĞŝŶŬĞΛƌĂŵĞLJŬĞŵƉ͘ĐŽŵх͖:ŽŶĞƐ͕ĞŶŐĞůŽ:фĚũũŽŶĞƐϭΛŶĐĚŽƚ͘ŐŽǀх ^ƵďũĞĐƚ͗Z ͗ džƚĞƌŶĂů>ĂĐƌŽƐƐĞ&ŝĞůĚƐͲKƌĂŶŐĞŽƵŶƚLJͲdƌĂĨĨŝĐƐƐĞƐƐŵĞŶƚ^ƵďŵŝƚƚĂů ĂƌŽůŝŶĞ͕ /ŚĂǀĞƌĞǀŝĞǁĞĚƚŚĞdƌĂĨĨŝĐƐƐĞƐƐŵĞŶƚĨŽƌƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚĚĞǀĞůŽƉŵĞŶƚ͘ĂƐĞĚŽŶƚŚĞŝŶĨŽƌŵĂƚŝŽŶƉƌŽǀŝĚĞĚ͕/ ĐŽŶĐƵƌǁŝƚŚƚŚĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĂƐůŝƐƚĞĚŽŶƉĂŐĞϭϬŽĨƚŚĞĂƐƐĞƐƐŵĞŶƚĚŽĐƵŵĞŶƚĂƐƐŚŽǁŶďĞůŽǁŝŶƚŚĞĞdžĐĞƌƉƚ͘EŽ ĂĚĚŝƚŝŽŶĂůŝŵƉƌŽǀĞŵĞŶƚƐĂƌĞǁĂƌƌĂŶƚĞĚŽƌƌĞƋƵŝƌĞĚƉĞƌEKdŐƵŝĚĞůŝŶĞƐĂƐĂĐŽŶĚŝƚŝŽŶŽĨƚŚĞƉĞŶĚŝŶŐĚƌŝǀĞǁĂLJ ƉĞƌŵŝƚ͘WůĞĂƐĞĂĐĐĞƉƚƚŚŝƐĞͲŵĂŝůĂƐĨŽƌŵĂůĐŽƌƌĞƐƉŽŶĚĞŶĐĞŽŶƚŚŝƐŵĂƚƚĞƌ͘&ĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞŝĨLJŽƵŚĂǀĞĂŶLJ ƋƵĞƐƚŝŽŶƐ͘ ĂƌŽůŝŶĞ͕ /ŚĂǀĞƌĞǀŝĞǁĞĚƚŚĞdƌĂĨĨŝĐƐƐĞƐƐŵĞŶƚĨŽƌƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚĚĞǀĞůŽƉŵĞŶƚ͘ĂƐĞĚŽŶƚŚĞŝŶĨŽƌŵĂƚŝŽŶƉƌŽǀŝĚĞĚ͕/ ĐŽŶĐƵƌǁŝƚŚƚŚĞƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĂƐůŝƐƚĞĚŽŶƉĂŐĞϭϬŽĨƚŚĞĂƐƐĞƐƐŵĞŶƚĚŽĐƵŵĞŶƚĂƐƐŚŽǁŶďĞůŽǁŝŶƚŚĞĞdžĐĞƌƉƚ͘EŽ ĂĚĚŝƚŝŽŶĂůŝŵƉƌŽǀĞŵĞŶƚƐĂƌĞǁĂƌƌĂŶƚĞĚŽƌƌĞƋƵŝƌĞĚƉĞƌEKdŐƵŝĚĞůŝŶĞƐĂƐĂĐŽŶĚŝƚŝŽŶŽĨƚŚĞƉĞŶĚŝŶŐĚƌŝǀĞǁĂLJ ƉĞƌŵŝƚ͘WůĞĂƐĞĂĐĐĞƉƚƚŚŝƐĞͲŵĂŝůĂƐĨŽƌŵĂůĐŽƌƌĞƐƉŽŶĚĞŶĐĞŽŶƚŚŝƐŵĂƚƚĞƌ͘&ĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞŝĨLJŽƵŚĂǀĞĂŶLJ ƋƵĞƐƚŝŽŶƐ͘ C. N. Edwards Jr., PE (Chuck) District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards@ncdot.gov 115 East Crescent Square Drive P. O. 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Public Records Law and may be disclosed to third parties. 0ROO\%R\OH )URP -DPLH6\NHV 6HQW )ULGD\-DQXDU\ 30 7R 0ROO\%R\OH 6XEMHFW )ZG 5HTXHVWIRU5HVSRQVH/DFURVVH)DFLOLW\DW$WNLQV5RDG Is this sufficient for you purposes? 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