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HomeMy WebLinkAboutAgenda - 08-21-2001-9aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2001 Action Ag®nda Item No. _ ~ `Q SUBJECT: Olive Branch Inn Class A Special Use Permit (SUP-A-1-01) S54 Historic Sites Non-Residential/ Mixed Use DEPARTMENT: Planning 8~ Inspections PUBLIC HEARING: (Y/N) NO ATTACHMENT(S): INFORMATION CONTACT: Findings & HPC Determination pg• 3 Craig Benedict, Director, ext. 2592 Application & Supporting Documents 12 Robert Davis Planner III ext. 2580 Applicant's Response to Conditions Administration Resolution for Approval for Class A 2s SUP 31 Tina Moon, Planner I I, ext. 2583 Planning Board Resolution for Approval for Class A SUP 33 Planning Board Minutes 35 TELEPHONE NUMBERS: Resolution for Approval for Class A SUP Environmental Assessment & Related Materials 37 39 Hlllsborou h 732-8181 9 State Clearing House Comments s3 Chapel Hill 968-4501 Review Agency Comments 55 Durham 68$-7331 Request for Land Use Buffer Waiver ~ Mebane 336-227-2031 Land Use Buffer Waiver Memo 61 Public Hearing Minutes 63 Site Plans 67 PURPOSE: To make a decision on the Class A Special Use Permit to allow the Olive Branch Inn to operate as a Bed 8~ Breakfast (Use S54 Historic Sites Non-Residential/Mixed Use). BACKGROUND: Request A~nlicant: Elizabeth P. Davidson Location 7015 NC 57, Little River Township Current Conditions ZoZo_ Wing: Rural Residential (R-1) /Little River Protected Watershed (LITTLE-PW) Land Use Classification: Rural Community Node Adjacent Propefir Zoning: Rural Residential (R-1) $~ Agricultural Residential (AR) Acreage: 47.17 (46.02 acres excluding right-of--way of NC 57) Informat'on Issues at Public Hearin on Ma 29 200 • The sign, if illuminated, shall use solar powered, ground lighting. • Applicant has expressed concern that solar-powered sign may not provide sufficient lighting. • The recommended conditions at the Public Hearing specified that the applicant dedicate (in fee simple) both the property lying within the right-of-way of NC 57 and the small portion on 2 the eastern side of the right-of-way to NCDOT or Orange County prior to commencing operation. . • Applicant considers right-of--way dedication requirement too rigorous for three-room guest establishment and stated that it should not be a condition of approval of the SUP. (Applicant's responses to all eight conditions are enclosed as an attachment) Information/Issues at the Plannin Board Meetin on Jul 11 2001 • The solar light recommendation at the Public Hearing was discussed at the Planning Board meeting. The Planning Board recommended eliminating the solar lighting requirement based on limited, unreliable technology existing at this time. (Condition # 6) • The'Planning Board recommended eliminating the fee simple right-of--way dedication condition. (Condition # 7) • The Land Use Buffer requirement along NC Hwy 57. • Planning Board recommended that the Planning Director consider a complete waiver of the landscape requirement instead of a partial waiver, as provided for in Section 12.8 of the Zoning Ordinance. Dev to ment Pro Schedule Actio 1) Public Hearing on May 29, 2001. • Historic Preservation Commission reviewed Special Use Permit on June 27, 2001 and determined that proposed use maintains the historic character of the house and property as required in Section 8.8.24.2 b) of the Orange County Zoning Ordinance. 2) Planning Board voted (10-0) to approve the Class A Special Use Permit on July 11, 2001, eliminating conditions #6 and #7 as shown on the Planning Board recommendation. 3) BOCC to make final decision. FINANCIAL IMPACT: No fiscal impact is associated with this decision. RECOMMENDATION(S): Administration. Re~ommendatioR: The Administration recommends approval of the Class A Special Use Permit in accordance with the attached Administration Resolution. (See Page 31) (The three issues that were raised at the Planning Board meeting have been addressed in the following manner. 1) The Administration recommends retaining the solar-powered light requirement far the en#rence sign, 2) deleting the fee simple dedication of right-of-way, and 3) the Planning Director agrees to waive the standard land use buffer requirement along NC Hwy 57. The Planning Director, furthermore, encourages the maintenance and eventual replanting of the existing oaks in front of the house to ensure the site's future rural character.) 2A Planning Board Recommendation: The Planning Board recommends approval of the Class A Special Use Permit in accordance with the attached Planning Board Resolution. Planning Staff Recommendation: The Planning Department Staff recommended approval of the Class A Special Use Permit in accordance with the Planning Department attached resolution. 3 FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: SUP-A-9-01 OLIVE BRANCH INN Special Uses must comply with general and specific standards as set forth in Article 8 for Special Uses. Article 8.2.1 b) requires written findings certifying compliance with the following: (11 Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into two 121 sections, which include: (a) Application components; and Ibl Specific standards for Historic Sites -Non-Residential-Reuse/Mixed Use (Article $.8.24 refers to these standards) and Specials Uses (Article 8.2.4-. 12- Other requirements as set forth in the Zoning Ordinance, including the provisions of Article 5 (Dimensional Requirements) and Article 6 (Application of Dimensional Requirementsl. Listed below are the findings of the Orange County Planning Department regarding the application in question. The findings have been presented by Article and requirement to assist the Board of County Commissioners in its deliberations. ARTICLE 13,; 2.1 -APPLICATION COMPONENTS ("Yes" indicates compliance;_ "No" indicates non-comvliancel P NNING BOARD FIND Ordinance Requirements 8.2.1 The applicant shall have the burden of establishing by competent material and substantial evidence compliance with all required regulations and standards including the following general conditions: 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted 2. The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) 3. The use is in compliance with the general 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 Yes ' _ No ~( Yes .~ No X Yes ' _ No EVJDENCE SUBMITTED_TO BOCC SUPPORT FINDINGS FINDINGS Based on comments from the Fire Marshal, NCDOT, and Environmental Health, the use will maintain or promote the public health safety and general welfare. Testimony by Michael Howard, Real Estate Appraiser, indicated that this use will maintain or enhance the value of contiguous property. A Bed & Breakfast is allowed in this zoning district IR11 provided that all Class A SUP criteria are met. All of the application materials meet these criteria. Yes Yes Yes 4 ARTICLE $.6 and 8.8 -APPLICATION COMPONENTS 1"Yes"._indicates_comalianc~~"No" indicates non-camolian PLANNI~ BOARD EVIDENCE SUBMITTED TO BOCC FINDINGS SUPPOR_T__FINDINGS FINDINGS Ordinance Reguiremen~s 8.6 -Application submitted on X Yes ~ No A complete application on ^ Yes _ No forms providing full and appropriate forms has been accurate description of submitted. proposed use, including location, appearance and operational characteristics 8.8 al -Twenty-six (26) copies X Yes ~ No Twenty-six copies of the site _ Yes _ No of the site plan prepared by a plan prepared 6y Michael R. registered land surveyor or Whitfield, Professional engineer Surveyor, have been submitted. 8.8 B) -Elevations of all X Yes _ No Elevations have been _ Yes _ Na proposed structures to be used submitted. Applicant proposes in the development to utilize existing house for Bed & Breakfast. No changes to the existing building are proposed as part of Special Use Permit. 8.8 c) - A fee, as set by the X Yes _ No 5720.$5 application fee has _ Yes _ No Board of County been paid. Commissioners ARTICL 14. .2 -SUBMITTAL REO,UIREMENTS LYes" indicates compliance; "No" indicates non-comDlianoel PLANNING BOARD EVIDENCE SUBMITTED TO BO C F IN SUPPO T FINDINGS FINDINGS Ordinance Requirements a) Twenty-six 126) copies of X Yes _ No the site plan submitted b) Site plan application form X Yes _ No c) A copy of the Orange X Yes ____ No County Tax Map with the subject property identified d) Legal documentation ,~Yas , No establishing entities responsible for control of common areas and facilities to be approved by the County Attorney 26 copies submitted as previously referenced in 8.8a. Appropriate application form has been submitted. Tax Map has been submitted. The applicant, Elizabeth P. Davidson is the owner of the property. There are no common areas proposed. Yes ~ No Yes No __r._ Yes ~ No Yes ~ No A TI E 14.2.3 - S IFlC TI PREP TI N "Y s" indicates com lia c • "N " indi ates non-com liance Ordinance Requirements a) Boundary of lot labeled with bearings and distances b) Name, address, and phone number of the applicant/ property owner PLANNING BOARD FINDINGS X Yes ~ No X Yes ~ No EVIDENCE SUBMITTED TO SUPPORT FINDIN_G~ Provided on site plan. Provided on the site plan. BOCC FIND G Yes _ No Yes _ No 5 ARTICLE 14 2 3 - SPECIFICATIO FOR PLAN PREPA TION IContinuedl PLANNING BOARD EVIDENCE~UBMITTED TO FI INGS SUPPORT FINDINGS Ordinance ReQUirenC~ent c) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan preparation, and subsequent revision dates d) Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses el Adjacent right-of-way widths with road names and numbers f) Total gross land area of the parcel, maximum and proposed floor area, minimum and proposed open space, and minimum and proposed pedestrian/landscape area (refer to Article 5.1.2 of the Zoning Ordinance) g) Maximum and proposed impervious surface and required stream buffers in Little River Protected Watershed (Little- PW) (Article 6.23 and 6.24) h) Estimated traffic generated by the proposed development in trips per day lif'it exceeds 800 trips per day, submit a traffic impact study in accordance with Article 14) i) Front, side, and rear building setbacks as required by Articles 5 and 6 or the Zoning Ordinance j) Location of all proposed buildings and structures labeled according to floor area, building height and function, and proposed finished floor elevation k) Vehicular use areas including existing and proposed streets and access drives, off street parking and loading to comply with Article 10 of the Zoning Ordinance', and entry/exit points of adjacent parcels I) Overhead and underground utilities with accompanying easement and storm drainage facilities/easements; (including septic tanks and wastewater disposal fields, wells, fire hydrants, irrigation, and security lights) BOC FINDINGS X Yes _ No Provided on the site plan. _ Yes ____, No X Yes _ No Zoning and land uses are _ Yes ~, No provided in the application. X Yes _ No Right-of-way widths with road _ Yes ~ No names are provided on the site plan. ,Yes ~ No Land Use Intensity figures are ___:, Yes _ No shown on the site plan. X Yes ,_ No Impervious surface calculations _ Yes ^ No and stream buffer calculations are shown on the site plan. Yes No The estimated traffic generated _ Yes _ No would be minimal since a maximum of three bedrooms would be used for the Bed & Breakfast. X Yes' _ No Front, side, and rear setbacks _ Yes _ No are met. There are no additional structures proposed. ;,Yes ~ No Locations of existing structures ~ Yes _„~ No ' are indicated on the site plan. There are no additional structures proposed. Yes __._ No Vehicular use areas are ~ Yes ~, No indicated on the site plan. There is one access drive located off of NC 57. This existing driveway extends past the house to the parking area. X Yes _ No No changes to the existing ____ Yes ~ No utilities are proposed as part of this project. A ARTICLE 14.2.3 -SPECIFICATION FOR P N PREPARATION continued PLANNING BO RD EVIDENCE SUBMITTED TO FINDINGS SUPPORT FINDINGS Or_dina2ce Requirements ml Solid waste disposal facilities n) All free-standing and wall- mounted signs in accordance with Article 9 of the Zoning Ordinance cl A landscaping plan demonstrating compliance with Article 12.3 of the Zoning Ordinance pl Existing contour lines (dashedland proposed contour lines (solid) at 5-foot intervals with 10-foot intervals bold. Where site conditions warrant, 2-foot contours may 6e required q) Retaining walls, tree wells, or rip rap as part of the grading plan r) Streams, ponds, drainage ditches, swamps, floodway and floodplain boundaries X Yes ~ No X Yes ~ No ~C Yes w, No X Yes , No The applicant will continue to transport solid waste and other refuse to the local dump facility, approximately seven miles away. The location and maximum size of the proposed sign is shown on the site plan. A landscaping plan has been submitted and is in compliance with Article 12 of the Zoning Ordinance. Contour lines are indicated on the site plan. No grading changes are proposed as part of this project. s) Phase lines and numbers if the development is to be phased X Yes _ No There is no grading proposed. ~(„_Yes ~ No X Yes ~ No The existing pond and drainageway are shown on the site plan. Per Article fi.23.7 d) the stream buffer requirements have been shown on the site plan. Phasing is not proposed. 6 BOCC FINDINGS _„~ Yes ~ No Yes No Yes ~ No Yes _ No Yes _._._ No Yes _ No Yes ____ No ARTICLE S -DIMENSIONAL REQUIREMENTS ~_Yes" indicates comnliance,_No" indicates non-comnliancel INNING BOARD ~D_ENCE_SUBMITTED TO FINDINGS SUPPORT FINDINGS Ordinance Requirements Article 5 lists standards for minimum lot size, lot width, front, side and rear setbacks, maximum building height and lot coverage, and development intensity. The applicant has applied for a Glass ASUP-R1 designation. The standards for that district are set forth in Article 5.1.1 and are as follows: a) Minimum lot area per dwelling unit - 40,000 square feet b) Minimum lot width - 130 feet X Yes ,,.,_, No X Yes _ No Article 5.1.1 of the Zoning Ordinance. Planned development approved on site basis. The lot is approximately 650 feet at the narrowest section. BOCC FINDINGS Yes ____ No Yes ____ No ARTIC E - DIMEN 1 NAL REQUIREMENT5 continue PLANNING BOARD FINDINGS Ordinance Reguirem~ntA cl Required front setback - 40 feet X Yes _ Nc d) Required side and rear setback - 20 feet e) Maximum building height - 25 feet Compliance with lot coverage and development intensity standards is addressed in Article 6. X Yes _ No X Yes , No EVIDENCE SUBM~D TO PP RT FINDIN The house is approximately 140 feet from the NC 57 right- of-way line. The house is approximately 280 feet to the closest property boundary line. No additions to the existing two-story building are proposed as part of this project. Per Article 6.2.1 of the Zoning Ordinance, the height of a building may exceed the maximum building height established in Article 5 provided that one foot additional front and side setbacks are provided for every two feet of additional height. ARTICLE B - APPLICATIO OF DEMINSIONAL_RE_QUIREMENTS "Yes" indicates compliance;_ "No" in_ i ate non-comoliancel PLANNING BOABf~ FINDIN 0 dinance Re uireme is Article 6 lists specific standards, which apply to various types of development applications. Article 8.,12 contains those development intensity standards, which apply to developments controlled by the Land Use Intensity ILUI) system. a) Minimum gross land area - N/A bl Maximum gross land area - N/A cl Maximum floor ratio - .84 The maximum amount of floor area permitted by ordinance is 182,428'sq. ft. d) Required minimum open space ratio - sq. ft. The minimum amount of open space is 1,741,383 sq. ft. Yes _ No X Yes' ~ No X Yes ~ No ~( Yes , No EVIDENCE SUBMITTED TO PP RT FINDIN S The land use intensity calculations are shown on the site plan. The applicant's site contains 47.17 acres (including R/W) or 2,054,725 sq. ft. The gross land area is equal to the total tract + the linear rcad frontage "the LUI rating (221. 2,054,725 + 18,328 = 2,073,051 sq. ft. The plans indicate 4,148 existing sq. ft. of floor area. No new floor area is proposed. 7 BOCC FINDINGS Yes ,,, , N . Yes __._._ N Yes N BOCC FIND G Yes Yes Yes N The existing site has 2,050,081 sq. ft. Yes 8 ARTICLE 6 -APPLICATION OF DEM, INSIONAL REQUIREMENTS Icontinuedl Ordinance Requirements PLANNING BOARD EVIDENCE SUBMITT D TO BOCC FINDINGS SUPPORT FINDINGS FINDINGS e) Required minimum ) Yes ! No The applicant is proposing T Yes _ No pedestrian/landscape ratio - .21 544,800 sq. ft. The minimum amount of pedestrian/landscape open space is 435,341, ARTICLE 8.2.4 -SPECIFIC STANDARDS/ALL SPECIAL USES 1"Yes" indicates compliance: "No" indicates non-comoliancel PLANNING BOARD EVIDENCE SUBMITTED TO BOCC FINDINGS SUPPORT FINDINGS FINDINGS Ordinance Reauireme~ts Article 8.2.4 requires the applicant to address the following: a) Method and adequacy of Yes ! No Letter from the Health _ Yes ~ No provision for sewage disposal Department indicates that new facilities, solid waste and water septic system has been service. installed and a new well has been drilled. b) Method and adequacy of X Yes _ No The Caldwell Volunteer Fire _ Yes _ No police, fire, and rescue squad Department located on Guess protection. Road provides fire protection. The Orange County Emergency Management, Division of EMS, provides emergency medical $eNICBS. c) Method and adequacy of X Yes ~ No A private driveway provides _ Yes ~ No vehicle access to the site and access to the site from NC 57. traffic conditions around the site. ARTICLE 8.8.24 -SPECIFIC STANDARDS FOR EVALUATION/HISTOA_ lC STRU~TlfR1=S -NON-RESIDENTIAL REUSE/MIXED USE 1"Yes"_indicates compliance: "No" indicates non-comoliancel Article 8.8.24.1 requires that the following information be submitted as part of the application: PLANNING BOARD EVIDENCE SUBMITTED TO BOCC FIN",,, DINGS SUPPORT FINDINGS FINDIN Ordinance Requirements a. Site plan containing the following: 1) location, width, and type of all pedestrian circulation 2) location and dimensions of on-site signage X Yes ~ No Yes _ No There is an existing drive, which will provide adequate circulation. Dne free-standing sign is proposed near the entrance drive, as shown on the site plan. Per Article 9.12 (f) the maximum size of sixteen 116- sq. ft. Yes _ No T Yes _ No 9 ARTICLE 8.8.24 -SPECIFIC STANDARDS FOR EVALUATION/HISTORIC STRUCTURES -NON-RESIDENTIAL REUSE/MIXED USE Icontinuedl PLANNING BOARD EVIDENCE SUBMITTED TO BOCC FINDINGS SUPPORT FINDINGS FINDLN_G~ Or finance Re uiremen 31 boundaries of site and X Yes ~ No Boundaries are indicated on the _ Yes _ Na distance to nearest residences site plan. The nearest residence is approximately 230 feet away. b. description of proposed uses of the site and structure include the following: 11 amount of area allocated to X Yes _ No Three bedrooms are proposed _ Yes ~ No each use to be used for the bed & breakfast operation. 2) number of full/part-time X Yes _,~,- No No full-time or part-time _ Yes _ No employees employees are proposed. 3) number of X Yes ,._ No A maximum of three 131 _ Yes ____ No clients/occupants couples or six 161 occupants are proposed. 4) proposed hours of X Yes ' _ No Evenings through the breakfast ~, Yes ~ No operation hour. c. building plans including Yes ' _ No No changes to existing ____ Yes ~ No description of impact on structures are proposed as part historic features. of this project. d. landscape plan X Yes _ No A landscape plan has been ~ Yes _ Na submitted that meets the Zoning Ordinance requirements. The applicant has received a waiver for the Type E Land Use Buffer requirement along NC 57 as allowed under Article 12.8 of the Zoning Ordinance. e. service agencies comments X Yes _ No A letter from the Health ~ Yes _ Nc on adequacy of Department was submitted water/wastewater system with the application indicating proposed. adequate water and wastewater systems. f. service agencies comments Yes ' _ No Appropriate letters were _ Yes ~, Na on fire, police and rescue submitted with the application. protection g. listed on the National Yes' ~,,,,,._ No The applicant submitted a copy ~ Yes _ Nc Register of Historic Places or of the certificate documenting recognized by the state of the property's placement on North Carolina as a place of the National Register of Historic historic significance. Places. The NC State Historic Preservation Office ISHPO) recognizes the site as having historic significance. h. proposed development Yes ~ No The Bed & Breakfast could ~ Yes _ Nc schedule for site begin operations immediately upon approval and recordation of the Special Use Permit. If approved, this Class A Special Use Permit would be valid far 6 years. i. the property must be in an X Yes ~ No The property is located in an R- _ Yes _ Nc AR or R-1 residential zone 1 Zoning District. The Class A Special Use Permit, if approved, shall be valid for six 161 years. 1b ARTI~L E r~~2.1 & 8.2.2, -APPLICATION COMPONENTS 1"Yes" indicates compliance; "No" indicates non-comoliancel PLANNING BOARD EVID NCE UBMITTED TO BOCC FINDINGS SUPPORT FINDINGS FINDINGS Ordinance Requirements In accordance with Article $.2.1 and $.2.2 of the Zoning Ordinance, the Board of County Commissioners shall also consider the following general conditions before the application for Special Use shall be approved. Article_8.2.1_ & 8.2.2 1. The use will maintain ar promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. Article 8.2.1 2. The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need pat maintain or enhance the value of contiguous propertyl. Article 8.2.1 3. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to 6e located and the use is in compliance with the general 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. Yes _ No To be determined by Board _ Yes _ Na after receiving evidence to be submitted or heard at public hearing. ___.. Yes ~, No To be determined by Board _ Yes _ No after receiving evidence to be submitted or heard a public hearing. A letter has been submitted from Michael Howard, a real estate appraiser. Yes _____ No To be determined by Board ~„ Yes _ No after receiving evidence to be submitted or heard at public hearing. ii HISTORIC PRESERVATION COMMISSION At its June 27, 2001 meeting, the Orange County Historic Preservation Commission reviewed an application for a Class A Special Use Permit to allow the property at 7015 NC 57, (TMBL # 1.15..8), to be used as a bed and breakfast. The Orange County Zoning Ordinance classifies bed and breakfast uses as S54 Historic Sites Non-Residential/Mixed Use for our two main residential zoning districts-Agricultural Residential (AR) and Rural Residential (R1). One of the County's requirements for this use is "evidence that the property is on the National Historic Register or recognized by the State of North Carolina as places of historic interest." The house was listed on the National Register of Historic Places on August 8, 1998, as the Or. Arch Jordan House. Per Section 8.8.24.1 of the Zoning Ordinance, Standards of Evaluation, eight specific standards are to be used in deciding an application for this use; the following two standards fall within the Historic Preservation Commission's purview. b) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. The proposed use of the historic structure shall be of shall a nature so as to preserve the historic character of the site and the building. Development of the site as proposed, would have no adverse impact beyond the building except for appropriate parking facilities. c) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. Moan noted, that provision c) was not applicable since no changes to the house were proposed as part of this application. Aldridge made a motion that the proposed application for the Olive Branch Inn meets cxiteria b) (as stated above) and will maintain the historic character of the house and property as required by the Zoning Ordinance. Flowers seconded the motion. Vote: 5-0 Present: Heath Aldridge, Chuck Cooper, Ed Flowers, Dale Georgiade, Rob Golan, Absent or excused: Carolyn Connor, Renee Price (PLEASE TYPE OR PRINT ~ INK ONLY) $/88 APPLICATION FOR CLASS A SP1rCIAL USE PERMIT ORANGE COUNTY BO~,RD OF COMMISSIONERS DATE• v 3 _ APPLICATION N UNIBlR: PD• ' I (We) request a Class A Special Use Permit as provided for in Article ~~r h{• (.~~ of tl Qrange County Zoning Ordinance for`w- f])"9nn5i'c.~ ~'1,.w~ ~ L,..~.r~ ,~_ _ ..,~.T~.. _ The following information is provided in support of this request: A. PROPERTY INFORMATION: Street Address or Location: 7fJ/~ 11/G~ 7' ,~ p,.~ •~,~~~t•~ ~?~ ~.I7 .1~ Orange County Tax Map !. /S'. ,•,3' Block ot(s) Township , " ~ ~ ~?; Zoning District(s): !~ - Lot/Parcel Size: ~'~ /~* acres or square Number of Existing Buildings: Gross Floor Area: ! ~i' ~ squar Number of Proposed Buildings: Gross Floor Area: _ ~, __ „,~,~squa~ Water Supply: Public (Specify) Communit~rlv~;.,r~. ~;~.// Iadi~ Wastewater Disposal: Public (specify) Community ~~ .,i~t~ Indio School District: (~ • ~•v~ Fire District: .a% / •~• General Land Uses is A' ea: L~•r L _ + •, Critical Areas: ~ Stream/Drainage ay Flood Prone •+ /~ti' Watershed (Specify) l~~-, ! ~,-c c~.w J.cSP... Histor Other (Explain) B. SITE PLAN INFORMATION: Twenty=six (26) copies of a Site Plaa, prepared by a registered North Carolina surveyor or-engineer, are provided as required by Article 8.8 and which contain the following information: _~,f North point, scale, and date. ,,, : ~" Extent of area to be developed. ~~ Locations and widths of all easements and rights-of-way within or adjacent to the site. ~~ Location of all existing and proposed struttures oa the site. Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils maps. Location of all water courses on the site, including direction of flow. ' Existing topography at a contour interval of five (5) feet based on mean sea Tavel datum. _,~! Existing and proposed fencing, screening, gates, parking, service, and storage ~ areas. . _~ Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SIDE) C. OTHER SUBMITTAL INFORhIATION: Elevations of all structures proposed to be used is the development. ~ Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy with the property in question clearly marked. 'The names and addresses of the property owner(s) and/or applicant(s), and the names and addresses are all persons owning property within five ituadred ~ (S00) feet of the property in question. Application fee as set by the Orange County Hoard of Commissioners. rTraf fic impact study as required by Article 13 of the Zoning Ordinance. Additional information rcgardiag the proposed Special Use as required by Article 8 of the Zaniag Ordinance. Narrative (or letters from appropriate agencies) indicating: 1. Method and adequacy of provision of sewage disposal facilities, solid waste disposal, and water service. Where public sewer is not available, a letter from the Orange County Health Department certifying the suitability of the existing and/or proposed wastewater treatment system for the property. 2. Method and adequacy of police, fire, and rescue squad protection. 3. Method and adequacy of vehicular access to the site and traffic conditions around the site. I (We), the applicant(s), hereby certify that the foregoing application and supporting documentation is complete and accurate. I understand that it shall be my (our) responsibility to present evidence to the Board of Commissioners the form of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit. _ ~ -~ APPLICAI~`fi SIGNATURE(S) / "rs / -+~ DATE NOTE: if title to the above mentioned property is not in the name o[ the applicant(s), please ipelnde a letter from the owner(s) signI[ying approval of the request. rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrarrra*rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrartrr FEES: Amount $ 7~/t~. ' • Date Paid: - ! ~ - / -~• Receipt # 5 Apri12001 Mr. Craig Benedict Planning Director Orange County Planning Department Hillsborough, NC 27278 Dear Mr. Benedict: I am seeking approval of a Class A Special Use Permit to allow the Dr. Arch Jordan House, located in the Caldwell community, to be used as a bed and breakfast. The house has a total of five bedrooms, with the business utilizing three of those bedrooms as guest roams. Maximum guest occupancy will be six people. My Family will occupy the remaining two bedrooms. My home was entered in The National Register of Historic Places by the U.S. Department of the Interior on August 6, 199$ (see certificate in application materials). For these reasons,l have submitted an application for such use with supporting documentation as required. 1 have worked diligently to comply with all provisions of the ordinance pertaining to such use. Average daily traffic numbers have been submitted by the Department of Transportation. New parking areas are noted on the site plan with overflow parking shown also. The existing private driveway provides adequate circulation and is in good shape although more gravel will be added. Anew septic system was installed and a new well was drilled. All approvals and permitting came directly from the Environmental Health Division of the Orange County Health Department. I will continue to transport solid wastelrefuse to the local dump located approximately seven miles from the house. Fire and police protection, as well as emergency rescue service, have all been addressed. Lastly, please know that I love my home and farm. [t has been in my family for three generations. Its rural niche has something unique to offer. A pond is situated to the northeast of the house while an abundance of pastureland and hardwood groves surround the remaining. I am a native to Orange County and a farmer at heart having grown up on a tobacco farm in Cedar Grave. I recognize its intrinsic value and plan to be the best possible steward. As such, I will run a most legitimate business which treats this place with the respect it deserves. Additionally, I believe the work I have done thus far has greatly enhanced property values in Caldwell If my application is approved, I will place an aesthetically pleasing sign in front of the house (see site plan far placement) with the proposed name, "The Olive Branch Inn". Caldwell oldtimers know Ms. Olive Branch to be Ms. Olie, my grandmother. She, too, served the Caldwell community in the 1920s by boarding school teachers that taught at the local Caldwell Academy, foamed in the mid 1 SOOs by Dr. Arch Jordan himself. I am very excited about this opportunity and thank you for all of your help. If any further information is needed, please do not hesitate to contact me at (919) b441685. Finally, you are to be conunended on the hiring of Ms. Tina Moon. She has done a remarkable job of relaying information to me in a mast timely manner. Her professionalism far exceeds that to which I am accustomed. I applaud her efforts. - Respectfully submitted, .. ,-~ ~ ~ ~ Betty Phelps Davidson ~ tH~ srArF ~~ ~j,Y 7D, fly; ~ ~~ •~ ' - i •~. + ,1 ~~ ~- ~r ~' QwM v~d~-~ ~S#ttte of ~ar#l~ (2lttrulintt ~P~rttrtmen# of fi~ulturtt! ~psuurres ~ii~isiun of ~rrl~iirPS ttn~ ~isturg This is to certify that DR. ARCH JORDAN HOUSE CALDWELL VICINITY has been entered in THE NATIONAL REGISTER OF HISTORIC PLACES by the United States Department of the Interior upon nomination by the State Historic Preservation Officer under prnvisions of the National Historic Preservation Act of 196fi (P.L. $9-665). The National Register is a list of properties "significant in American history, archi- tecture, archaeology. and culture - a comprehensive index of the significant physi- cal evidences of our national patrimony." Properties listed therein deserve to be preserved by their owners as a part of the cultural heritage of our nation. Direct ~ i of Archives and Historp and State Historic F-•ese~~.~atian Officer Au ust 6, 1998 Date E~~tered 1 c us9 apt eta BLZLZ ON'4~4~IIIN ' ~n' awr+aww « ~ 9L0~ x49 Od ~ x ...: _... u. ~. ~~~ p~oC.cu,~ra ~ ~ :~ c~ Nd`Vl+a~'~+o!INY1 7~ a~e~w~+ waya..u+es. ~~ R ~ l U m O 4 a~ ~~ ~OZ_ Q `~ 1 1_ ~, ,~ ~••~~•'~ ~ ~ :~ ~~ ~ ~ ~ ~ ~ ~ t • ~, 1~.~ ' +': - a ? Z rr i:x! s a ~ E'~ +~,~wa~i»=~3~a P ~~ ~t ~-~~ © ~'' ~..,~i 1 E. I r .. ~~~ ~ . a~T ~ o ~' J.i ~ ' r1F ~;\ '`T ?~ ~'f n.~ ~ _ ~; ` ~'_ ~ Y. - /" .. 1. H ~~ ti ;*,~~' ~.. :)•• ~`- • ~~ . ~ -~~.~r~ 11 •r ~_ ~ - I °r =~ _ ~ ~ =~ ~, :~ :~i...y: ~^~1 d j~. _ .. $ #~3 ~ ~G III ~- .~ -r"~T~'~.' .. _~-rs-- ; ~' '. ~~~.-- ~: ' ~. `:'rip }• ~~~j : ~~~j ~• ~' • ~~ J\ ~ .fit .1! $Y ~ ~ ,~ •~.wGLi •'~ ~ * as ~ M _ ~ ~~ A ~w ~~~ ~ ~~~. a~ yi Y. f 5 ~~ 1.15..4 _-._.__...~.., cG 1.15..1 A ~ 5..2A ~ 1.15. C ~ 5..5 ss 1'.15..86® ~ ~ 1.15..8 MURKY v~l.o S 1.15..2 1 •~~ 2B : . .1.15..1 ~ ~. ~1.15..8D 1.'15..8 DAVI DSO(V ELIZABETH P ~ .15..1D '~ .18..1 8..16E 1.18..1 i 1.15.. 1.15..8 '1.15.6K 1.1 ..6 1.1.51..6H 1.15..6M~1 15..F .15..6J1. 5..6E __.~. vA~ ~_~~_ ~~ ~ 1.15..8E 1.15..6~'I 5..6F -L--~-------.. __--_~_--_--~'-- -- -__-- .. - .. 1.15..7 o~....~ ~..~ This map aoruains parrs~s preQared tar me ar red t~v witltin T,,,, Orange Canes, and i~ crxrpiled tram rimed dead pis, and atlier puhfic records dnd dais. Users of Cos map are hereby r>otified Ih2t the afaemenflGned ~'"`~ P~~ Pr~Y udarrrraGon saxees sttald be mrat06ed far veifiC3ddn at the ;,,,,,~,~ udamEtlon ~rVarnEd an Cis mep, The CAlAlly and its maapna Odfnaaill~S assure IMPACT ANALYSIS To: Orange County Planning & ln'spection 306F Revere Road Hillsborough, North Carolina 27278 From: Michael A. Howard T14$5 & Luther Misenheimer A4487 State Registered Trainee of heal Estate Appraisal. State Certified General Real Estate Appraiser. 6104 Fayetteville Road, Suite 103 Durham, NC 27713 Date: March 24, 2001 Subject: The proposed Bed & Breakfast will be located in Orange County approximately 3 tenths of a mile south of the intersection of NC Highway 57 and Highway 157 (Guess Road) north of the town of Hillsborough. Site address: 7015 NC 57, Rougemant, NC 27572. (See attached Plat Map) Introduction The following analysis is intended to serve as a part of the "Class A" Special Use Permit application for the Proposed Bed 8c Breakfast identified above. Our analysis will examine the proposed use to determine compliance with two general conditions: (1) "The use will maintain or enhance the value of contiguous property"; and (2)"The location and character of the use, ...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..." The proposed special use The proposed special use is a Bed 8c Breakfast that will have three (3) guest suites with a capaciryof six (6) guests. This proposed use requires approval by the Orange County Board of County Commissioners Pursuant to conditions sat forth in the Orange County Ordinance. General eooditions to which the proposed spacial use must comply (Please note that this memorandtun does not address the condition "The use will maintain or promote the public health, safety and general welfare,..." This condition will be addressed by others). (1) The use will maintain or enhance the value of the contiguous property (unless the use is a public necessity, in which case the use need not maintain the value of contiguous property). (2) 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 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 Beard of County Commissioners. The proposed use must be found to comply with these general conditions Analysis of the General conditions In order for the Board of County Commissioners to grant a SpecialUse Permit for the proposed Bed & Breakfast it must find, in part, that "The use will maintain or enhance the value of contiguous property." To determine if the proposed Bed &c Breakfast meets this condition, the conditionmust first be evaluated. Like most, the Orange County Zoning Ordinance does not offer specific definitions for the key words in this condition. For most of these terms a simple dictionary definition seems appropriate and applicable. However, the dictionary definition for the term `tiralue" does not seem appropriate or applicable because it fails to describe the unique nature of the term "value" as it applies to real estate. Atypical definition for "value" would include: "the amount of money or other commodity or service etc, considered to be equivalent to something else or for which a thing can be exchanged." Because a more applicable definition for the term "value" was deemed necessary, thetextbook NORTH CAROLINA REAL ESTATE i+OR BROKERS AND ALESMEN was consulted. According to this textbook the term "value"may be generally defined as "the quantity of one commodity that can be obtained in exchange for another." However, this value-in-exchange concept is only one side of the coin. The other side is the value-in-use concept which is based oq the productivity of an economic good to its owner-user. THE LAN ll GE OF REAL ESTATE APPRAISA refers to this as "user value" and defines the term, in part, as "the value of a property or space to a specific user. Sometimes more particularly the value of a property designed or adopted to fit the specific requirements of the user." In terms of residential development, the "user value" may simply be the value the owner places on their property as it is used or expected to be used. In other words, the value one places on their real property, their home and land, is personal to the owner. This value is an expression of how the owner personally values their property and how they use it, not the value-in-exchangethat would be expected for this property. The Board must also f5nd that the proposed Bed 8c Breakfast "...will be in harmony with the area in which it is to be located and the use is in compliance with the plan for physical development of the County..." As above, "harmony" is not defined in the Zoning Ordinance. One dictionary definition for the term is "agreement, concord." While little insight is offered as to the intention of this condition, it may generally be agreed that the proposed use should "Fit" the area. Also, this condition requires that the use must comply with applicable development plans. As noted above, the Zoning Ordinance identifies the proposed Bed do Breakfast as a "Class A Special Use" in its "Schedule of Permitted Uses." (Uses that are not expressly permitted in this section are prohibited.) The approval process for such Special Uses allows the County to carefully examine the proposed use and to utilize "special care ,in the control of their location and methods of operation." This process allows the County to fulfill its responsibility for protecting the public health, safety and general welfare. This responsibility reflects the spirit, the intent, of the regulations that apply to Special Uses. A use that is located, cons~ucted, and operated in such a way as to protect public health, safety and general welfare, should be considered in compliance with the spirit of these regulations. Compliance with the general conditions Will the proposed use maintain or enhance the value of contiguous property? Will the proposed use be in harmony with the area and in compliance with the County's plan for physical development?And, does the proposed use comply with the spirit of the County's land use regulations? The proposed use is a Bed & Breakfast that will have a "Full" capacity of six (6) guests. This Bed 8c Breakfast is located on a forty-seven acre tract of land thatis owned by Elizabeth P. Davidson. The proposed Bed & Breakfast would not adversely impact the "value-in-use" or "user-value" of contiguous or nearby properties. The Bed & Breakfast would not prevent or degrade.the ability of the owner-user from continuing to use these properties for residential or other allowed purposes. The proposed Bed & Breakfast would have little direct impact on adjacent properties. This Bed & Breakfast will not generate the types of impacts thatare known to negatively impact residential properties. The Bed & Breakfast will not produce offensive odors. It will not produce loud or unpleasant noises. Nor will it generate undesirable levels of traffic. The proposed Bed & Breakfast will have a positive impact on the surrounding area due to its visual appeal and minimal guest capacity. The Bed & Breakfast would blend in well with the area due to its historic nature and the overall visual appeal of the structure. In ouropinion no identifiable negative impact on the value of contiguous properties is exported. The site is zoned Residential (R-1) & Agricultural Residential (AR). The Orange County Zoning Ordinance states, in part, that: The purpose of the Residential (R-1) District is to provide locations for non- farm residential development, at very low intensities, in areas where the short and long-tern solutions to domestic water supply and sewage disposal shall be individual wells and ground absorption system. The purpose of the Agricultural Residential (AR) District is to assist in the preservation of land suitable, as a result of location, existing farming operations, sails and topography, for agricultural,silvicultural or horticultural uses and to protect such uses from the adverse effecu of incompatible land uses. The proposed use, a Bed & Breakfast, is an allowed Special Use. The proposed use is not prohibited. According to the Zoning Ordinance a Special Use is a use"... which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation." The proposed use is located at 7015 NC Highway 57 and is in keeping with the intended land uses of this area. The use is permitted as a Special Use, and, because the Zoning Ordinance and the Comprehensive Plan are the embodiment of rho County's development plans, allowed uses, when properly located and operated, should be considered in compliance with the physical development plans of the County. This location and design comply with the spirit of the regulations. For the reasons identified above, this Bed 8t Breakfast, in this location, will not adverselyimpact adjacent properties, will be in harmony with the area, and will comply with the spirit of the regulations. CONCLUSION The proposed Bed & Breakfast is not expected to have a negative impact on the value-in-exchange of any contiguous, adjacent or area properties, it especially will not negatively impact the value-in-use of these properties. Therefore, the proposed Bed & Breakfast will maintain the value of contiguous properties. The proposed Bed & Breakfast would not have a negative impact on the intended land uses of this area. The proposed Bed 8c Breakfast is a man-made feature that is located in an area of other rnan-made features and may therefore be considered in harmony with the area. The proposed use is a Special Use thatis allowed within this zoning district. Therefore, the proposed Bed & Breakfast is in harmony with the area and complies with the County's plans for development. The proposed Bed & breakfast complies with the two general conditions identified above, and further, the proposed Bed & Breakfast complies with the spirit of the regulations. Please feel free call i[ you have questions or need additional information. _~ Sincerely, Michael A. Howard, T1455 State Registered Trainee of Real Estate Appraisal ~ ~~~~~ ,~ y~~ ~QRry .~ A44A? / rn w ~~ ~ ~ ~`~ Luther Misenhoimer, A4487 ~ ~J.7'tTE t'~! State Certified General Real Esta ~ ~~~~ ~'`~ - tiA~ :•: ~':. Ward b Misanhalmar Realtors Fir. e s a PHOTO ADDENDUM: SUBJECT PkOPERTY ~ Uw~urtlorw~r EUza6Mh P_ OaYld~on PrcpalyFl4yena 7013 NG WOhw~~ 37 - ~ LerrfedCgA~ EI~ahNh P. QiVIdrlG~l Rpu0rnen6 MC 27572 ~, ,`",; Ward Zi: Misenheimer Realtors ~~- Fwe. ~ ~ ~ PHOTO ADDENDUM: GENERAL PHOTOGRAPHS I OwrrJBrarpr~r ENxaONh P. OwMMIn Pr~wtp M~a~a: 7016 NG IOphr0y 67 ~ Ledsx7re EMs.pan P, pOV~d~nn RagwnaM, NC ;7677 I 24 " .Ward 3 Misenheimer Realtorr F~.r eae PHOTO ADDENDUM: GENERAL PHO-fOGRAPHS OiwienBcno~~! Et1~ahNb P. D~v1dt!on Rti~arh Adtlrala: 7019 MC HlOhw~ 97 _ I LertlmtClu! EIl7#b~th P.170rld~On RouawnonR HC AST! 1 ~'' ~-'-. ~( / o~ ~" /~ i / ~~ ~ ' ~~_ -f-@T~c 28~.3f~ TQTAL F S1 f a.+ 1~1 ; ~llT~. ~~tw"~ ;~99~993.47 ~ ~~ •~ '_ Subject ~~ b n .was ~ ~ o ~ ~ ~ ~' •, ~ ,`. . /`a~~~ G• ~ ~. ~ ~~»~ ~o \ TEr /o+~. swR o~ ITFlB ~,- 1 ~~ ~. ~ ~~-rl--w aaaa 1•IS~ 47.17 AC., ~ QB.1224,P~G213'~i~iw~i~in TX. 1.15..8. muter PIN~r9899~45-3930 ~sumvn ~~ .LOTS = 9$9d'~}S~3j3s i5.oo ac. , . , s • •~~ T~ 7i.6~' -- ~ a-a~~cw+ a av~ ~.~ ~ ~::. N/F JAlW~9 ..r !~ '' i i SGlt~! 0~1YIT'TA Ci.6~P~~A2 ~~P8.82 29 May 2001 Joint Public Hearing Judge Gordon F. Battle Courtroom Orange County Courthouse 106 E. Mazgazet Lane Hillsborough, NC 27278 Re: Olive Branch InnJClass A Special Use Permit Application Deaz Commissioners and Planning Members: I am respectfully submitting the following response to RECOMMENDED SPECIAL USE PERMIT CONDITIONS received from the Orange County Planning Department on May 25, 2001: PZ:AN11~I11 ~G STAFF FECD~NDA:TIONS (1) Roads, pazking areas, walkways. utilities, and landscaping shall be maintained as shown on the approved plans. All such facilities shall further be maintained and operated in a safe manner. RESPONSE: This is reasonable and acceptable. (2) The final site plan and narrative of the project aze to be incorporated herein and made a part of this Special Use Permit. Copies of the final site plan (dated Mazch 23, 2001) and narrative are to remain on file with the Orange County Planning and Inspections Departir~ent. RESPONSE: This is reasonable and acceptable. (3) The~Bed and Breal~ast shall be operated according to the site plan and written narrative supplied by the applicant and in compliance with the above conditions. RESPONSE: This is reasonable and acceptable. (4) The Fire Marshal shall inspect and approve the facility to ensure that proper fire detection devices are in place and operational prior to commencing operation (after the Special Use Permit is recorded). RESPONSE: This is reasonable and acceptable. Any additional recoaunendations by the Fire Marshal will be implemented if the cost is not protubitive. Minimally, fire extinguishers and mobile escape ladders will be provided for each upstairs bedroom (5) The applicant shall obtain a NCDOT Driveway Permit prior to commencing operation. RESPONSE: This is reasonable and acceptable. I have already spoken with Mr. Derrick Dixon, Driveway Permit Agent, NDCOT. The appropriate forms are being sent to me for completion. (6) The sign, if illuminated shall use solar powered, ground lighting. Landscaping shall be installed around the base of the sign. RESPONSE: I am unsure of the efficacy of solar powered, ground lighting for illumination of a sign. My only experience with solar powered lighting is for landscaping purposes, i.e. lighting a pathway. I am concerned that such lighting will not sufficiently illuminate to allow reading of a sign I will investigate such use and would like to address my findings with the Planning Board prior to the August 21, 2001 quarterly meeting of the BUCC. Energy conservation makes good sense. If such lighting works, T will gladly install it. (7) The applicant shall dedicate the property within the right-of--way and the small portion on the eastern side of the right-of--way to NCDOT or Orange County prior to commencing operation. RESPONSE:' This i$ unreasonable and unacceptable. I was just notified, in writing, of this recommendation on Friday, May 25, 2001, in a letter from Planning dated May 23, 2001. Giving up approximately 1.15 acres of family/historic land to NCDOT or Orange County without compensation nor explanation of reason is both offensive and improper. I have owned this 47.17 tract of family land for five yeazs and have been paying County taxes on that 1.17 acres upon which Highway 57 sits. Additionally, Highway 57 was constructed around 1935 when my grandparents owned the farm. They, too, paid taxes on that 1.17 acres. In the intervening years, my mother paid County taxes on the same land. Approximately 0.25 acres of family land.sits on the eastern portion of Highway 57, across the highway from the house. The County is also requesting that I give that portion, as well. Standard planning practice is not sufficient to answer why my small three-guestroom BBrB should forsake 1.17 acres of very valuable land without campensation nor adequate explanation. My understandrng is that the origin of such right-of--way requests carne when new subdivisions created an intensification of traffic pattern, thus oftentimes requiring a new turning lane. In such application, I can understand right-of--way being an issue. The NCDOT has already documented (see Page 41 of OCBOCC and PB Public Hearing Agenda Item Abstract) average daily traffic numbers as required by SUP-A-1-01. Clearly, such correspondence with NCDOT should include any discussion of right-of--way at that time, if it is indeed an issue. D. Chad Kimes, District Engineer, NCDOT, wrote the ADT letter. I am waiting for a return call from him indicating whether my business will adversely impact traffic along Highway 57. 2~ Additionally, such right-of--way issues must be addressed specifically within an ordinance as it pertains to particular uses. I am not creating a subdivision. Therefore, I cannot be asked to comply with an Article of an Ordinance pertaining to another use. Case in point, Letter B on the Agenda tonight, Orange County Zoning Text Amendments....since B&B establishments do not have a specific land use or zoning category within the zoning ordinance, and, as such, must comply with a very broad based Class A Special Use Permit, I suggest that such a discussion of right-of- way issues be addressed within the context of Amendments to Article 8 Special Uses, specifically Rural Guest Establishments. An attempt to enforce such an ambiguous regulation for my special use, at this time, is wrong. It is appazent that my B&B application has provoked a closer look at listed requirements far such use. The last B&B application was 10 years ago. I am happy to see that such review is taking place, albeit a bit late to help my cause. I have spent in excess of $d,000.00 to date in my attempts to comply with all provisions of the Class A Special Use Permit. This investment is risky since final approval is certainly not guazanteed. If the County wishes to foster small business growth a better attempt to lessen the economic impact is wazranted. Furthermore, I have researched the Federal Regulations regazding PROTECTION OF HISTORIC PROPERTIES (36 CFR Part 800) and have included a Table of Contents for your perusal. It is apparent that the Department of the Interior considers National Historic Landmarks to be a high priority. The Dr. Arch Jordan House was listed on the National Register of Historic Properties on August 6, 1998 (see Page 14 of OCBOCC and PB Public Hearing Agenda Item Abstract). In addition, I know that the NCDOT must perform an environmental impact assessment prior to any new construction or change to existing roadway. This assessment includes review of existing watersheds, other natural wetlands, national pazks, wildlife refuges, and historic landmarks, to name a few. All 47.17 acres of farmland, as well as the house proper, is listed on the National Register. NC Highway 57 cannot be altered without due process and I do not abdicate my right-of--way to NCDOT or Orange County without such due process. (8) The special Use Permit shall be valid for a period of six (d) years, at which time it shall be subject tv renewal. RESPONSE: This is reasonable and acceptable. ~L,4NNING ADIKINLSTRATXON RECOMMEIYDATlO1VS (1) Historic Preservation Commission to determine whether the proposed use maintains the historic character of the house and property as requvred in Secion 8.8.24.2b of the Orange County Zoning Ordinance. RESPONSE: This is reasonable and acceptable although this seems a duplicative effort and one fraught with potential complications. Under the current regulation, bed and breakfast operations are restricted to historic sites, specifically National Register of Historic Places sites. Since this is the first criterium to meet before the County will entertain such a proposed use, to ask permission of HPC upon completion of the application seems redundant and frankly, scary to the applicant. Perhaps including such a requirement at the beginning of the application process before the applicant has put forth such expense, time, and effort OR doing away with the historic site requirement entirely could be two passible options. I am happy to see that such an amendment is on the agenda tonight far review. (2) Planning Board for a recommendation on the SUP to be returned to the Board of County Commissioners no sooner than August 21, 2001. RESPONSE: This is reasonable and acceptable. I have only one more issue to address with regard to my application. On Mayl, 2001 I wrote a letter to Mr. Craig Benedict concerning a waiver of land use buffer requirements (see Page 43 of OCBOCC and PB Public Hearing Agenda Item Abstract). In a return letter dated May 10,2001 Mr. Benedict granted a partial waiver of the Type E Land Use Huflfer (see Page 44, Abstract). Whereas I believe he agrees with the intent of my request and sees its merits, I request once again, that the tree line be either eliminated or redesignated. One hundred feet measwed perpendiculaz to the road on either side of the house will still pose a safety hazard and will alter the historic landscape. From 3bCFltPart800 -- Sec.800.5 Assessment of Adverse Effects - (2) Examples of adverse effects. Adverse effects on historic properties include, but aze not limited to: ... (v) "Introduction of visual, atmospheric or audible elements that diminish the integrity, of the property's significant historic features." .. . Hopefully, stating my concerns in writing will enable you to make the best possible decisions. As you consider my proposed use, recall that I am an Orange County native, born and raised. I attended Orange County schools. 1 graduated from Duke University. My history is here. I was taught well by my mother and father to love the land, respect its natural beauty, steward it well. The Olive Branch Inn offers a unique rural experience to those weary of the urban/suburban life. Folks from all over can see a farm striving for sustainability...goats, chickens, turkeys, fish. I am so very proud to be a part of it. With warmest regazds, Elizabeth (Betty) Davidson The Olive Branch Inn Proprietor :u~~~w~~ w~ ~~~guw~xnu u~ ~~~u n Eiome ~ Workin wi tion 106 „'/ Users Guide ~ Section 106 Regulations ~ Search Section 106 Regulations (Effective J:tnua~y 11, ZOU1) What follows is the Section LOG regulations, 3G Cf~ R Part 8110 ("1'rutection of Historic Properties"), of the National kistoric Preservation Act. Fot• tl~e pt•ehmble, click here. (Also avAilable with the preamble (42 pages total) in Adobe Acrobat PD format 36 CFR PART 8~~PROTECTION OF HISTORIC PROPERTIES Subpart A-Purposes and Participants Sec. 800.1 Pur oses. 800.2 Partici ants in the Section l Ob rocess. ~~uN~i w r. w.~•~~N.~yv~ Subpart B-The Section 106 Process 800.3 Initiation of the Section 106 rocess. 800.4 Identification of historic ro ernes. 800.5 Assessment of adverse effects. 800.6 Resolution of adverse effects 800.7 Failure to resolve adverse effect . 800.8 Coordination with the N 'oval Environmental Polic Act. 800,9 Council review f Section 106 com liance. 800,10 S eeial r uirements for rotectin National Historic Landmarks. 800.11 Documents ' n standards. 800.12 Emer en situations. p~ 800.13 Post-review discoveri Subpart C-Program Alternatives 800.14 Federal a enc ro ram alternatives. 800.15 Tribal State and local ro ram alternatives. eserved 800.16 Definiti s A endix A to Part 800-Criteria for Council i~~volvement in reviewin individual ection 106 cases Authority: 16 U.S.C. 470s. 31 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A FOR OLIVE BRANCH INN BED 8~ BREAKFAST FOR USE S54 HISTORIC SITES NON-RESIDENTIAUMIXED USE (Administration Resolution) Date: August_ 21`202 Applicant/Owner: Elizabeth P._Davidson The Orange County Board of County Commissioners hereby approves an application submitted by Elizabeth P. Davidson for a Class A Special Use Permit, to allow use category S54 Historic Sites Non-Residential Mixed Use (Bed and Breakfast establishment) as delineated on the site plan dated March 23, 2001, applicable to the following property and subject to the following conditions: Property located at 7015 NC 57, specifically described as Little River Township, Orange County Tax Map 15, Lot $., being further identified in the Orange County Land Records Office by Parcel Identification Number, 98984-5102 and containing 47.17 acres more or less. The property is identified by the following legal description: BEGINNING at an iron pin in the center line of N.C. Highway 57 and running thence along the line of Stephen T. James property South 89 deg. 11 min. 29 sec. East 286.36' feet to an iron and comer with James; thenoe continuing with James South 11 deg. 50 min. 54 sec. West 1,162.49' feet to an iron and comer with Margaret Dow; thence with Dow South 89 deg. 07 min. 36 sec. East 1,456.65' feet to an iron; thence North 00 deg. 00 min. 37 sec. East 1,456.22' feet to an iron at a fence comer, thence North 88 deg. 18 min. 17 sec. West 653.40' feet to an iron and comer with Christine McKee; thence continuing with McKee North 43 deg. 00 min. 01 sec. West 233.45' feet to a stone; thence continuing North 43 deg. 00 min. 01 sec. West 228.29' feet to a nail on the Northem side of N.C. Highway 57 and comer with Lois W. Blalock; thence with Blalock South 47 deg. 20 min. 36 sec. West 75.81' feet to a nail on the Northem side of N.C. Highway 57; thence South 25 deg. 14 min. 18 sec. West 185.85' feet to a nail in the center line of said N.C. Highway 57; thence South 43 deg. 02 min. 30 sec. West 588.07' feet to the place and point of beginning, containing 47.17 acres. The Special Use Permit is dpproved with the following seven (7) conditions. 1. Roads, parking areas, walkways, utilities, and landscaping shall be maintained as shown on the approved plans. All such facilities shall further be maintained and operated in a safe manner. 32 2. The final site plan and narrative of the project are to be incorporated herein and made a part of this Special Use Permit. Copies of the final site plan (dated March 23, 2001) and narrative are to remain on file with the Orange County Planning and Inspections Department. 3. The Bed and Breakfast shall be operated according to the site plan and written narrative supplied by the applicant and in compliance with the above conditions. 4. The Fire Marshal and shall inspect and approve the facility to ensure that proper fire detection devices are in place and operational prior to commencing operation (after the Special Use Permit is recorded). 5. The applicant shall obtain a NCDOT Driveway Permit prior to commencing operation. fi. The sign, if illuminated shall use solar powered, ground lighting. Landscaping shall be installed around the base of the sign. 7. The Special Use Permit shall be valid for a period of six (6) years, at which time it shall be subject to renewal. This Special Use Permit, Class A shall become effective upon approval. NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that the Class A Special Use Permit for the Olive Branch Inn Bed & Breakfast is approved in accordance with the above mentioned conditions and attached Site Plan dated March 23, 2001. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2001. I, Beverly A. Blythe, Clerk to the board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2001. Clerk to the Board of Commissioners 33 RESOLUTION OF THE ORANGE COUNTY 80ARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A FOR OLIVE BRANCH INN BED 8~ BREAKFAST FOR USE S54 HISTORIC SITES NON-RESIDENTIALIMIXED USE (As revised by fhe Planning Board at their July 11, 2001 meeting.) Date: Au ust 21 2001 Applicant/Owner: Elizabeth P. David o The Orange County Board of County Commissioners hereby approves an application submitted by Elizabeth P. Davidson for a Class A Special Use Permit, to allow use category S54 Historic Sites Non-Residential Mixed Use (Bed and Breakfast establishment) as delineated on the site plan dated March 23, 2001, applicable to the following property and subject to the following conditions: ' Property located at 7015 NC 57, specifically described as Little River Township, Orange County Tax Map 15, Lot $., being further ident~ed in the Orange County land Records Office by Parcel Identification Number, 9898-045102 and containing 47.17 acres more or less. The property is identified by the following legal description: BEGINNING at an iron pin in the center line of N.C. Highway 57 and running thence along the line of Stephen T. James property South 89 deg. 11 min. 29 sec. East 286.36' feet to an iron and comer with James; thence continuing with James South 11 deg. 50 min. 54 sec. West 1,162.49' feet to an iron and comer with Margaret Dow; thence with Dow South 89 deg. 07 min. 36 sec. East 1,456.fi5' feet to an iron; thence North 00 deg. 00 min. 37 sec. East 1,456.22' feet to an iron at a fence wmer, thence North 88 deg. 18 min. 17 sec. West 653.40' feet to an iron and comer with Christine McKee; thence continuing with McKee North 43 deg. 00 min. 01 sec. West 233.45' feet to a stone; thence~~continuing North 43 deg. 00 min. 01 sec. West 228.29' feet to a nail on the Northam side of N.C. Highway 57 and comer with Lois W. Blalock; thence with Blalock South 47 deg. 20 min. 36 sec. West 75.81' feet to a nail on the Northam side of N.C. Highway 57; thence South 25 deg. 14 min. 18 sec. West 185.85' feet to a nail in the center line of said N.C. Highway 57; thence South 43 deg. 02 min. 30 sec. West 588.07' feet to the place and point of beginning, containing 47.17 acres. The Special Use Permit is approved with the following seven (7) conditions. 1. Roads, parking areas, walkways; utilities, and landscaping shall be maintained as shown on the approved plans. All such facilities shall further be maintained and operated in a safe manner. 2. The final site plan and nan-ative of the project are to be incorporated herein and made a part of this Special Use Permit. Copies of the final site plan (dated March 23, 2001) and 34 narrative are to remain on file with the Orange County Planning and Inspections Department. 3. The Bed and Breakfast shall be operated according to the site plan and written narrative supplied by the applicant and in compliance with the above conditions. 4. The Fire Marshal and shall inspect and approve the facility to ensure that proper fire detection devices are in place and operational prior to commencing operation (after the Special Use Permit is recorded). 5. The applicant shall obtain a NCDOT Driveway Permit prior to commencing operation. $. The Special Use Permit shall be valid for a period of six (ti) years, at which time it shall be subject to renewal. 9. The Planning Director shall consider a waiver of the land use buffer requirement along NC Hwy 57. This Special Use Permit, Class A shall become effective upon approval. NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that the Class A Special Use Permit for the Olive Branch Inn Bed ~ Breakfast is approved in accordance with the above mentioned conditions and attached Site Plan dated March 23, 2001. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of , 2001. I, Beverly A Blythe, Clerk to the board of Commissioners for the County of Orange, North Carolina. DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2001. Clerk to the Board of Commissioners 4 median income. The units would be townhouses. He asked for the Planning Board's consideration of this rezoning request. - 4 Several clarifying questions of the board members were answered satisfactorily by Jack Smyre. 6 The affordable housing would be subsidized at approximately $25,000 per unit. All units except the affordable 7 housing, units have twacar garages. All of the units would still be below the median price of housing in Chapel 8 Hill. 9 10 MOTION: Strayhorn moved approval of the amendment to the Joint Planning Area zoning 11 atlas for the Homestead site on Homestead Road (JPA-CH-Z-01). Seconded by 12 McAdams. 13 14 VOTE: Unanimous 1S 16 AGENDA ITEM #10: MATTERS HEARD AT PUBLIC REARING (May 29, 2001) 17 18 ~ a. Special Use Permit, Class A (Historic Sites Non-Residential-Mixed Use) 19 20 l . Bed and Breakfast Use 21 22 Tina Moan made this presentation. 23 2a BACKGROUND: 25 Request 26 A~olicant: Elizabeth P. Davidson 27 28 Location 701 S NC S7, Little River Township 29 Current Conditions 30 Zanins: Rural Residential (R-1) 31 Little River Protected Watershed (LITTLE-PW) 32 Land Use Classification: Rural Community Node 33 Adjacent Property Zoning: Rural Residential (R-1) & Agricultural Residential (AR) 34 Acrease: 47.17 35 (46.02 acres excluding right-of--way) 3b 37 Information/Issuea at Public Hearin on Ma 29 2001 38 • Condition #6. The sign, if illuminated shall use solar powered, ground lighting. 39 • Applicant is concerned that solar-powered sign may not provide sufficient lighting. 40 • Condition #7. The applicant shall dedicate the property within the right-of--way and the small portion an the 4l eastern side of the right-of--way to NCDOT or Orange County prior to commencing operation. 42 • Applicant considers right-of-way dedication requirement too rigorous for three-room guest 43 establishment. 44 (Applicant's responses to all eight conditions are enclosed as an attachment) 4S 46 Devela ment Process Schedule and Action 47 l) Public Hearing an May 29, 2001. 48 • Historic Preservation Commission reviewed Special Use Permit an June 27, 2001 and determined that 49 proposed use maintains the historic character of the house and property as required in Section 8.8.24.2 50 b) of the Orange County Zoning Ordinance. 51 2) Planning Board to make recommendation to BOCC. S2 • Planning Board shall make a recommendation within 3 regularly scheduled meetings. 5 • If Planning Board fails to make a recommendation within the allocated time, the application shall be forwarded to the BOCC without a Planning Board recommendation. - 3) BOCC makes final decision a FINANCLAL IMPACT: No fiscal impact is associated with this decision. 7 RECOMMENDATION(S): Planning Staff Recommendation: 8 The Planning Department Staff recommends approval of the Class A Special 9 Use Permit in accordance with the attached resolution. l0 11 One of the key requirements of approving this Special Use Permit for a bed breakfast operation is that the 12 proposed use maintains the historic character of the house and site. The Historic Preservation Commission l3 discussed the application and determined that the proposal meets this criteria. 14 15 Schofield asked the applicant how much money was spent in the application process in trying to meet the l6 standards. Elizabeth Davidson said that she had spent around $7,000 and that it could go up because of the 17 driveway permit requirement. This is not including the cost of getting the National Register status, which was 18 $1,500. 19 20 Elizabeth Davidson made reference to condition #6, the solaz powered lighting, and said that she could not find 21 anything on the market that would allow her to light the sign sufficiently with solaz power. If it is passible, it 22 will be very expensive. Her alternative proposal is low voltage light. . 23 24 Chair Gooding-Ray asked Benedict why condition #7 was proposed, which is dedication of the property within 25 the right-of--way to NCDOT or Orange County. Benedict said that when new roads aze constructed as part of a 26 project a project, the Orange County code says that roads are dedicated on behalf of NCDOT. With existing 27 roads, there are no state ordinance provisions that say there is additional right-of-way necessary except for new 28 turn lanes. He said that if the applicant would like to retain the road, it is fine because he is not going to try to 29 fix what NCDOT does not do right now. 30 . 3 l Elizabeth Davidson pointed out that her family has been paying taxes on the entire 47.17 acres for many years. 32 She pointed out the other issue, which is the partial waiver of the landscape buffer. Moon clarified the amount 33 of trees included in the waiver. 34 35 5trayhorn said that the planting of these trees would detract from this site. The applicant agreed. She said that it 36 would detract from the view of the house from the road. Preston agreed that the buffering would not add 37 anything to the property. 38 39 Schofield is concerned about how much the applicant has spent on this project to be now debating landscaping 40 and right-of--ways. He would like to know why it costs someone $10,000 to do the right thing. 41 42 Benedict said that there have been and will be some more discussions on the regulations of Class A Special Use a3 Permits. He said that he admits that for historic properties it does not make sense to change the historic nature 44 of the property. He said that the proposal could proceed without any special buffers. The Planning Board 45 proposed as a ninth condition that the land use buffer along NC 57 be completely waived. 46 47 MOTION: McAdams moved in the affirmative for all findings of fact as follows: Articles 48 8.2.1, 8.6, 8.8, 14.2.2, 14.2.3, 5, 6, 8.2.4, 8.8.24, 8.2.1, and 8.2.2; and 49 conditions 1-S and 8 and 9. Seconded by Strayhorn. 50 51 VOTE: Unanimous 52 53 37 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A SPECIAL USE PERMIT, CLASS A FOR OLIVE BRANCH INN BED 8 BREAKFAST FOR USE S54 HISTORIC SITES NON-RESIDENTIAUMIXED USE (As prepared by the Planning Department) Date: August 21.2001 Applicant/Owner: Elizabeth P. Davidson The Orange County Board of County Commissioners hereby approves an application submitted by Elizabeth P. Davidson for a Class A Special Use Permit, to allow use category S54 Historic Sites Non-Residential Mixed Use (Bed and Breakfast establishment) as delineated on the site plan dated March 23, 2001, applicable to the following property and subject to the following conditions: Property located at 7015 NC 57, specifically described as Little River Township, Orange County Tax Map 15, Lot $., being further identified in the Orange County Land Records Office by Parcel Ident~cation Number, 9898-44-5102 and containing 47.17 acxes more or less. The property is identified by the following legal description: BEGINNING at an iron pin in the center line of N.C. Highway 57 and running thence along the line of Stephen T. James property Sauth $9 deg. 11 min. 29 sec. East 286.36' feet to an iron and comer with James; thence continuing with James South 11 deg. 50 min. 54 sec. West 1,162.49' feet to an iron and comer with Margaret Dow; thence with Dow South 89 deg. 07 min. 36 sec. East 1,456.65' feet to an iron; thence North 00 deg. 00 min. 37 sec. East 1,456.22' feet to an iron at a fence comer; thence North 88 deg. 18 min. 17 sec. West 653.40' feet to an iron and wmer with Christine McKee; thence continuing with McKee North 43 deg. 00 min. 01 sec. West 233.45' feet to a stone; thence continuing North 43 deg. 00 min. 01 sec. West 228:29' feet to a nail on the Northam side of N.C. Highway 57 and comer with Lois W. Blalock; thence with Blalock South 47 deg. 20 min. 36 sec. West 75.81' feet to a nail on the Northam side of N.C. Highway 57; thence South 25 deg. 14 min. 18 sec. West 185.85' feet to a nail in the center line of said N.C. Highway 57; thence South 43 deg. 02 min. 30 sec. West 588.07' feet to the place and point of beginning, containing 47.17 acres. The Special Use Permit is approved with the following eight (8) conditions. 1. Roads, parking areas, walkways, utilities, and landscaping shall be maintained as shown on the approved plans. All such facilities shall further be maintained and operated in a safe manner. 38 2. The final site plan and nan-ative of the project are to be incorporated herein and made a part of this Special Use Permit. Copies of the final site plan (dated March 23, 2001) and narrative are to remain on file with the Orange County Planning and Inspections Department. 3. The Bed and Breakfast shall be operated according to the site plan and written narrative supplied by the applicant and in compliance with the above conditions. 4. The Fire Marshal and shalt inspect and approve the facility to ensure that proper fire detection devices are in place and operational prior to commencing operation (after the Special Use Permit is recorded). 5. The applicant shall obtain a NCDOT Driveway Permit prior to commencing operation. 6. The sign, if illuminated shall use solar powered, ground lighting. Landscaping shall be installed around the base of the sign. 7. The applicant shall dedicate the property within the right-of--way and the small portion on the eastern side of the right~f-way to NCDOT or Orange County prior to commencing operation. 8. The Special Use Permit shall be valid for a period of six (6) years, at which time it shall be subject to renewal. This Special Use Permit, Class A shall become effective upon approval. NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that the Class A Special Use Permit for the Olive Branch Inn Bed 8 Breakfast is approved in accordance with the above mentioned conditions and attached Site Plan dated March 23, 2001. Upon motion of Commissioner ,seconded by Commissioner r_the foregoing resolution was adopted this the day of , 2001. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the fonegoing is a true spy of so much of the proceedings of said Board at a meeting held on , 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2001. Clerk to the Board of Commissioners ORANGE COUNTY PLANNING &. INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning b~` ~ ' ; 306E Revere Road (919) 245-2575 ~r ~ P O Box 8181 (919) fi44-3002 (FAX) ~ Hillsborough, vwvw.co.orange.nc.us '`°~~y ~.~•~•'' North Carolina, 27278 ~~,~~ MEMORANDUM To: Board of County Commissioners Planning Board From: Tina Moan, Planner II Date: May 9, 2001 Subject: Environmental Assessment Requirements Class A Special Use Permit (SUP-A-1-01) Olive Branch Inn Bed & Breakfast Article 8.8 of the Orange County Zoning Ordinance, Regulations Governing Individual Special Uses, specifies that SUP applicants shall submit an Environmental Assessment (EA) or Environmental Impact Statement (EIS) when required by the Orange County Environmental Impact Ordinance. AEA is required for the Olive Branch Inn project, per Section 2.2.8 of the Environmental Impact Ordinance, since the property is identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County." The applicant Ms. Elizabeth P. Davidson is requesting approval to use the house at 7015 NC 57, traditionally known as the Dr. Arch Jordan House, as the bed and breakfast facility. The Dr. Arch Jordan House is listed on page 12 of the "Inventory" as a significant historic site, and has been placed on the National Register of Historic Places. Since the Orange County Zoning Ordinance permits bed and breakfast establishments under use classification S54 Historic Sites Non-Residential-Mixed Use one of the key requirements is that the site is recognized by the state as having historic significance. The other key requirement for approval is that the proposed use maintains the historic character of the site and its significant buildings. Ms. Davidson submitted an EA with her application materials on March 2B, 2001. Planning staff forwarded the EA and supplemental materials to the North Carolina State Clearinghouse shortly thereafter and is awaiting comments.. The initial response from Environmental Policy Act Coordinator indicates a review completion date of June 3, 2001. This deadline should provide adequate turnaround time for staff to submit all public hearing related evidence by the July 3, 2001 Planning Board Meeting. The EA and related materials are attached. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 .~~• ~ ~. ~~ n •~d`'• '~~ e March 28, 2001 State Clearinghouse North Carolina Department of Administration 1302 Mail Service Center Raleigh, NC 27699-1302 Attention: Ms. Chrys Baggett Re: Environmental Assessment The Olive Branch Ina Dear Ms. Baggett: The Orange County Planning Department has received an application for a Class A Special Use Permit to allow the property at 7015 NC 57, (TMBL # 1.15..8), to be used as a bed and breakfast. The Orange County Zoning Ordinance classifies bed and breakfast uses as S54 Historic Sites Non-Residential-Mixed Use for all of our main residential zoning districts-Rural Buffer (RB), Agricultural Residential (AR), and Rural Residential (R1). One of the County's requirements for this use is that the structure is recognized by the state as a historic site. The house was listed on the National Register of Historic Places on August 8, 1998, as the Dr. Arch Jordan House. The Zoning Ordinance also requires the applicant to complete an Environmental Assessment for the project to ensure that permit will not compromise the historic character of the property. The applicant, Ms. Elizabeth P. Davidson, has been in contact with the Restoration Branch of Archives and History during the planning stages of this project. Ms. Davidson will be required to plant some trees along the property boundaries to meet our screening requirements. However, with the exception of a small gravel parking area, no additional work to the house and property is anticipated, as part of this project. I have attached a copy of the application, Environmental Assessment, and sixteen copies of the site plan. Please distribute this to various state agencies as appropriate. If you have any questions or need additional information, please call me at (919) 245-2583. Sincerely, Christina R. Moon Land Use/Preservation Planner enc. cc: File P CA OM OR IRONi~NTAL ASS SSM~'MT Project Name Applicant ~.h~e-•('~. ~ b~~y) ~~+~.I,o~, 1~I~V-~c~~n Address i:11 ~ l~/L~i~ Phone ~ ~ 4`~ ~ Ilv~S~ Owner ~.m~ Address ~a~n +~ Phone ...~Qm . Location of Property e• - 5 G~. ~ ~ te~~ ~ 5 ~ ~ r"",~ Acreage ~ Township Li ~i-Yl~. i`vc.•r Tax Map Reference 1~ ~~%~ ~ pIN(s) •95'98 ~'~~ -~ ~rlD.~ Zoninq District '~ ~ Land Use Plan Category ~~+•+~~-~ --~~!"+ N~D~ FOR DEPARTIMENT USE ONLY Date received 3' 2 G • o ~ Reviewed by '- p• ~~ Date accepted/rejected P,a ° ~ ~ r ~ ~~ ~ ~ r~ ~~ =''' ~` =~' '"%• Summary Commeats: Yf.L fl,r~ "~ •I 'P~'~• ~ f 'r •!r a,, "' i~ GcA..ISrSY~.~IY ,,~~..~ P=,a.V cl /e~l~ '~ ~''G.7 ~GOKDS G'OVI~t, c^G •~P~e-Oa5 E..!~ ~~T~+ P~,,-! .l • ~ti.; ail E<J ~ ~~~G.~.r~ •f '~,•!r: !~-r',r~~ aCuT Y~ ~T.~r?e GL~.t.~r..,~G• ~~sr.>>G rs~l !e~ani.t r I. GENERAL SITE INFORMATION TO BE CGMPLETED BY APPLICANT, WITH ASSISTANCE FROM PLANNING DEPARTI~NT AS NEEDED A. Zoning and use of adjacent property. S i-~+~1~, --i',~m~ } North R- i ~ R ~ Re~i~•~er•~,'~f ~ South ~'~~ /~ •, ~ uc~) ire. East ~~ ~ R ' S r a' ~~~1 West ~- 1 .~4--/i ' 5~;, 1C. - -~a,~,~.;1 8 t.Cr,c~ev ~.~ b. r• t~.~ l re.~ H. Topography: highest elevation ~ ~ a lowest elevation ~~0 general direction of slope Scwl-6. Estimate 0 S 15 more than .(Required C. Draiaaga of property with 5$ slope ~'S`''o 1ST slope ~ ~1~ ~ . ,_,.~,~.~,-- 25$ slope 25$ slope Are there any s earns or drain ge easements located on the property? Sez Lt5 Ma Is any of the site located within a: Watersupply Watershed Li~~1e~ ~+~ys+' ~'~~~'=~ ~'~'~+ Water Quality Critical Area a Floodplain „~ u Describe 4 D. Does the property contain any of the following inveatory Natural or Cultural Resources? (As identified in the "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County° or the "Inventory of Natural Areas and Wildlife Habitats of Orange County, North Carolina°.) yes no a. cemeteries ~ b. archaeological sites ~~"` c. historic sites ~" d. areas of geological significance ~ e. designated natural areas ,/ For each "yes" answer above, please indicate location on site play and complete the following,~with the assistance of the Orange County Environmental Planner. Also complete Attachment A. (1) Type of resource ~ ~"~~'kr~~-l Inventory reference no. or page . p: !Z ,,.,., ,~ T' Description of Resource ~+'~ ~~~~ ~rc~~_ ~'~~+SP_. v~ 'S~ ~ isle ~f NGS~ :~ ~~ ~zS ,"1~ LS r"'' ; ~. ~. (2) Type of resource Inventory reference no. yr page Description of resource f. designated habitat 'T g. other ~` (Attach additional sheets if needed) II. TO Ha COMPLETED 8Y APPLICANT A. PROJECT DESCRIPTION 1. Describe proposed use of nroneri-v 2. 3. 4. Estimated square footage of area to be graded for development of attached residential units (excluding roads, but including parking areas) -~~'" 5. Estimated square footage of area to be gr ed for non-residential u se (excluding roads) ~ 6 . Est~./a,myatwed a/Fea pt~ o ~1 ~ 7~' ~~ V~ ~ ,~.b/~e grad` edI/rrror~ /r~Pj~ads •~ I -~ , 7 . \ ~ M A V Road T Y • 1 `J~ ~ L/~~ L~~6A •~ i~( ~ }~ ~ ~~~+ ~~ 4~ I . yp publi c ~~ Priv e Class A Class B Class C Total road length 8. Hours of operation for commer_ca.al or industrial use 1 Number of lots ~ Number of structures _ ~ ~5i~~~ ,_, H. STATE PERMITS REQUIRED - 1. Does~he project involve the mining of earth products? If so, how many cubic feet of material are expected to be excavated? Has an application for a Mining Permit been submitted to NCDRCD? Please attach, map indicating expected extent of proposed activity. Z. Does the project involve generation or storage of hazardous or toxic aastes, as identified, by the Eavironmaatal Protection Ageaey? (A listing of all hazardous materia s is available from the Planning Department) Describe the wastes to be generated. How much material is expected to be generated per month? Will any material be treated onsite? Volume? Will any material be stored onsite? Volume? Where will disposal of the material take place? How will materials be transported to the disposal site? What measures are proposed to protect water quality and air quality in case of spills? 4 3 . tilill the project involve a1~ ¢nd application system for treatment of wastewater? __ 1Vc7_ _ __ If yes, describe Has an application for a non-discharge permit been submitted to the NC Department of Environmental Management or Orange County Department of Environmental Health? 4. Is a septic tank system proposed which hasa~ design capacity of more than 3000 gallows per day? o If yes, describe Has an application for a non-discharge permit been submitted to the NC Department of Environmental Management or Orange County Department of Environmental Health? 5. Does the activity involve sludge disposal? D If yes, where is the source of the sludge? Describe where and how the sludge is being disposed. Has a NPDES permit from the NC Division of Environmental Management been issued? b. .Hater usage ( ~. ~+uLrpo,,v ~o~s~=~ +n-aire~ r~ • use. • l~ vo pct ~~ iZ0 ~~4~ ~~~~. a. Estimated no. of employees x ~5 gpd gpd ~!/ b. Estimated water use for climate control -8"' gpd c. Process water ~ qpd ~ consumed $ discharged to septic system $ discharged to surface (including storm sewers) (describe: ~ $ evaporated $ reclaimed/reused ~ other loo $ gpd d. Water used for cooling, heating, etc., in association with production or manufacturing $ reused $ consumed $ discharged (describe: ) $ other 100 $ gpd Total Water Usage e. Describe source of water rival-~ ~1l . ATTACffiKENT A TO HE COMPLETED ONLY IF INVENTORY SITE (S ) IS/ARE IDENTIFIED IN I . E . (ATTACH ADDITIONAL SHEETS IF NECESSARY) (1) a. Impact on Resource from Proposed. Development b. Proposed Mitigation (2) a. Impact oa Resource from Proposed Development b. Proposed Mitigation 4~ ( ti ; ,. y ~ ~: , is ~~~ ~~ t ..~ ~/ "~',,,~'' i ~,~" j , ~.r ~~~~ .~~ ~ / ' 1y ~ y ~ -y t t ~ ~ `i~ ~ ~~i ~!~ ~7 ~ I ~ .. - _ ....~ :~ • . .. \ , •\ \ ~ Wit, ~ ^*+r~ifiw.• ~ \` ~..~. t ~ ~ a.,q,,. ! ~ -.e1ti,. ,.\ ~ •- ' _ ` ~ ~~ ~• ~ - ~ ,_ . \ ~~ ~ \~ ~~ :~ ~ r ~ ~ ~ ~. ~~ 1 'i ~ ~ • ~I ~1 ,. 1 ~ e :i - ~ i~~ ' ~ i-~ i s~ ~ ~- y ~Fa ~ :Ct` ~ rC ' i r +~~- t It-t ' ~t :r ~ !4 _ ~ y ~! a ~ ~. ~ ~ -._~ .. a ~~ ~,% % ~~ ~ - r ~, N Parcel Boundary 200 0 200 400 Feet Rural Community Node TMBL 1.15.. March 15.20 ,~ _.. Property boundary with USGS overlay •~. ., :~~ ~ 5 i ~ ~ , t~, '°.~ r •I ~~ ~` °~~ f .~ .fir - :, ~ „ , . ~ ~ ~: ~'~ r+' ~ ~w~~i ,1 ,~ ~ f • ~. ~ ~ ~ ~\ '.~ A•~ , ~~ ~~ r' ~ ~_~ `. ~' r ~ ~~ . ~., -~~,~ •~ ~ • / ..~ f ' ~ ~ ~ ~ # ~ I ( ! I! ` r~ ;~, ~ ~ . ~ _ ~ , ~ ~ l .~ . ~ ...~. ,I . ~, N~-•. :... ~ ~r ~~ ~~~ i ~R.C ti.~ :' ,; ~ ., ..~ ; ~ , ; ~... ~, ~- `ti\ ~! ~~ ~ ~~. + ~ ~i • A \ i. 1 ~, . ;1 y ~/ -~ ' - ;~ ~~ ~ ~! t~ ~ --;~_ • ~ ~ ~~ ~~ i ~~ ,~ ~~ L~ ~• ~ ~ ~:i 1 ~~ ~ ~ j w ~, _ ; ti' ` ~ ~.. ~„~.~ ~ ! ~ /,~ j I (~~ / f •~~ ~ ~ ~ ~~ ~r _~ ~~_ ti-: 1- t_ ~~.~ ~ ~_ ~' .. r ' +_ ~ ~ r ! _~ 4 .~ ~•~~ ~ ~ ~~~ ,~~•`t ~, N 400 0 ~ 400 800 Feet _ ,~. _~~ TMBL 1.15..8 \I~~~f~ IC AAAI ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27275 `•,... y . •~ u v w '•. e.. •~~•~ March 28, 2001 State Clearinghouse North Carolina Department of Administration 1302 iVlail Service Center Raleigh, NC 27699-1302 Attention: Ms. Chrys Baggett Re: Environmental Assessment The Olive Branch Inn Dear Ms. Baggett: The Orange County Planning Department has received an application for a Class A Special Use Permit to allow the property at 7015 NC 57, (TMBL # I.IS..8), to be used as a bed and breakfast. The Orange County Zoning Ordinance classifies bed and breakfast uses as SS4 Historic Sites Non-Residential-Mixed Use For all of our main residential zoning districts-Rural Buffer (RB), Agricultural Residential (AR), and Rural Residential (R1). Qne of the County's requirements for this use is that the structure is recognized by the state as a historic site, The house was listed on the National Register of Historic Places on August 8, 1998, as the Dr. Arch Jordan House. The Zoning Ordinance also requires the applicant to complete an Environmental Assessment far the project to ensure that permit will not compromise the historic character of the property. The applicant, Ms. Elizabeth P. Davidson, has been in contact with the Restoration Branch of Archives and History during the planning stages of this project. Ms. Davidson will be required to plant same trees along the property boundaries to meet our screening requirements. However, with the exception of a small gravel parking area, no additional work to the house and property is anticipated, as part of this project. 1 have attached a copy of the application, Environmental Assessment, and sixteen copies of the site plan. Please distribute this to various state agencies as appropriate. if you have any questions or need additional information, please call me at (919) 245-2583. Sincerely, Christina R. Niaon Land Use/Preservation Flanner enc. ~ w 4Att a V `~ .~~~. North Carolina Department of Administration Michael F. Easley, Governor Gwynn T. Swinson, Secretary April 17, 2001 Ms. Christina Moon Orange County Planning Department 30bF Revere Road Hillsborough NC 2727$ Dear Ms. Moon: Subject: Environmental Assessment -Pursuant to the Orange County Local SEPA Ordinance - Application for a Special Use Permit to Allow an Historic Property to be Used as a Bed & Breakfast Facility (The Olive Branch Inn) The N. C. State Clearinghouse has received the above project for intergovernmental review. This project has been assigned State Application Number 01-E-0000-0628. Please use this number with all inquiries or correspondence with this office. Review of this project should be completed on or before 06/03/2001. Should you have any questions, please call (919)807-2425. Sincerely, ~ ~~ Ms. Chrys Baggett Environmental Policy Act Coordinator PLEASE NOTE NEW MAILING ADDRESS EFFECTIVE IMMEDIATELY N.C. STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION 1302 MAIL SERVICE CENTER RALEIGH, NC 27699-1302 3 ,_~ ¢~s P~r- Y~~' North Carolina Department of Administration Michael F. Easley, Governor Gwynn T. S~vinson, Secretary June ~, 2001 Ms. Christina Nfoon Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Ms. yloon: :e: SCH Filc # OI-E-0000-0628; Environmental Assessment Pursuant to the Orange County Local Sl/PA Ordinance -Application for a Special Use Permit to Allow an Historic Property to be Used as a Bed & Breakfast Facility (The Olive Branch Inn) '['lie above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. N~~ co;.i.:icnts were made by acv state!local aarncies in the course of this review. Therefore. nc further environmental review action on your part is required for the compliance with the Act. Eest r:sa..:~'s. cc: Region J Sincerely, ~./ `~~ Ms. Chrys Baggett Environmental Policv Act Coordinator 1 l6 West Jones Street Raleigh, North Carolina ?7603-8003 Telephone 919-807-~~?~ An Equsl Qppommny / AFfinnuive Action Employer NOP C:A.ROLINA STATE CLEARINGH~ ;E L+EPARTMENT OF ADMINISTRATIOi. ~ - INTERGOVERNi~NTAL REVIEW "^.S RrN~~ GLEDHILL-EARLEY CLEP_RINGHOUSE COORD DEPT OF CUL RESOURCES ARCHIVES-HISTORY BLDG - MSC 4617 RALEIGH NC REVIEW DISTRIBUTION DENR LEGISLATIVE AFFAIRS DEPT OF CUL RESOURCES Gc2T OF TRANSPORTATION PROJECT INFORMATION APPLICANT: Orange County Planning Department 'T'YPE: State Environmental Policy Act ERD: Environmental P.ssessment ~~! No e~e~~CJ3~# Il~ DESC: Gurs~ant tc the Orange Coun*_y Local SEPA Ordirar.ce Application for a Special Use Permit to Allow an Fistoric Property to be Used as a Bed ~ Breakfast Faci3it~r (The Olive Eranch Inn) Tha a*_tached project has been suomitted to the N. C. State Clearinghouse nor intergovernmental review. Please review and submit your response by the above indicated date. If additional review time is needed, ple?se contact this of=ice at (919)807-2425. nc P. R:^•.SC'Li 0: ':::IS nEV?ETn THE F~+iLOWING IS SUB[~IITTED: NO CO[~lENT COMMENTS ATTACHED DATE: .~ ~l STATE NLTM~~Ft:-n'~ E=0000=0628"~~w G0: DATE RECEIVED: 04/17/2001 AGENCY RESPONSE: 05/29/2001 REVIEW C?OSED: 06/03/2001 L-. .; r~~ .t „ rr iti1~1Y %' 2601 Grange County Emergency Management P.O. Box 8181 _ Hillsborough North Carolina 27278 9-1-1 Communications Emergency Medical Services 24 Hour Wz_rning Point Lrrr~~ r~ a ~ Fire Marshal 919-732-8161 •933-2600 ' : ~' Disaster Response v ~ ,~ Hazardous Materials 24-Hour Fax Machine ~= 919-644-3030. 968-2030 919.967-9026 N r. • ~~ ~~~ °``r Administrative Fax Machine 919-968-4066 TO: EDDIE KIRK, PLANNING DEPT. FROM: MIKE TAPP, DEPUTY DIRECTORlFIRE MARSHAL RE: SPECIAL USE PERMIT THE OLIVE BRANCH INN DATE: MARCH F, 2001 I have been contacted by Betty Phelps Davidson requesting a letter stating fire and EMS coverage for the proposed Olive Branch Inn located at 7015 NC 57, Rougemont, NC. The Caldwell Volunteer Fire Department, located on Guess Road provides fire protection. Orange County Emergency Management, Division of EMS, provides emergency medical services. If additional information is required, please contact me. office P.O. Box 8181 -Margaret Lane HILLSBDROUGH Hillsborough, NC 27278 919 -732-8181/6443050 of the Orange County Sheriff Lindy Pendergrnss, Sheriff `~..~r u e .~ ~~ ~ ~ u ~ Febtu~ry 27, 2001 To: Robert Davis Grange County Planning Re+rere Road Hillsborough, NC 27278 From: Sheri$ LAY Pendergrass Re: Bed & Breal~ast Application Hetty Davidson 7015 NC 57 Rougemoat, NC 27572 Dear IVir. Davis, We conduR rvuti~ patrol service da~7y in this area, The opening of this business will no way increase our work load nor will it interfere or inhibit our ability to provide servicx to the area residents and other businesses. We can provide these services without additional personnel and equip~meat, ~ ~ `' CC: Betty Davidson 7015 NC 57 Rougemont, NC 27572 ~• ~...~ N ~ C~r~r~~~ ~nux~~~ ~i,e~l~ ~~~~r~m~nt " /onarhan ~ ~;„, tea;, Rosemary L. Summers, MPH, DrPH " Janet H. 5outherland, Viee Chair " .• Orann CO11Lr ~'d °~H`°!c1` Health Director a'ante County Board o/Health •~~ e,~•" 30frC Revere Road, P.Q. Box 8181 Hillsborough, NC 27278 u•tc,v. •, to u , rnrl l Envimnmearal Health Division Rnn Holdrrry, Division Director Betty Borland Barbara Patterson Administrative Assistane Office Assistant Phone: (919) 73Z-8181, x:360 Ft#X: (919 6•l Chapel Hill Durham b eb; (919) 96B+I501 (919) 68&7331 (9l ) Apri125, 2001 NXEMORANDUM TO: Robert Davis Orange Coun`ty`P,lanning FROM: Jan Jackson Orange County Environmental Health SUBJECT: Bed & Breakfast Application Betty Davidson 7015 NC 57 Rougemont, NC 27572 The wastewater system serving the above referenced property is suitable for the proposed use. The system v installed on August 4, 2000 by a registered septic contractor and inspected by this off ce. The design flow o~ system is unaffected by the proposed use. On September 15, 2000 this office issued a permit to drill a new well which was approved on November 27, Subsequently, a bacteriological water sample was taken from the well,'and the test results were satisfactory. CC: Betty Davidson 5~ s ~'~d ~~ w ~~ r.r ~~ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TLPPETT GOVERNOR SECRETARY February 1 d, 2001 ORr-ivGE ~.OUN~I'Y Ms. Betty Davidson 701 S NC S 7 Rougement, NC 27572 Subject: Traffic Count for NC 57 Dear Ms. Davidson: This is to advise that the average daily traffic counts on NC S7 near the intersection of NC 157 (Guess Road) are 3300 south and 2300 north of the intersection. These counts were taken from the 1999 ADT map. If you have' any questions, please advise. Sincerely, ~ c.~.~ D. Chad Kimes DLSTRICT ENGINEER /klw P_ O.130X 766_ f :R a ue ~,r rvr ~~~ca_n7~ti ORANGE COUNTY PLANNING 8~ INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director - ~~s~! ~I e Building Inspections ~-`~,~ ~': 306E Revere Raad (919) 245-2600 v ° ' ~: P O Box 8181 (919) 644-3347 (F~UC) ~" Hillsborough, www.co.orange.nc.us ~'<<ti ~.~~~~'~ North Carolina, 27278 From: Susan Mellott, Code Enforcement Supervisor ~~ To: Tina Moon, Land Use /Preservation Planner Subject: Class A Special Use Permit -The Olive Branch Inn The North Carolina State Accessibility Code states that Privately-owned transient lodging establishments aze not required to comply with the requirements of the code when the following both apply ^ 5 or fewer bedrooms for rent or hire, end ^ the proprietor lives in the building The National Electrical Code does require that, every new and existing dwelling unit within an apartment house, rental condominium, and every guest or sleeping room in a motel, hotel, or dormitory shall be provided with an approved listed smoke detector. In dwellings and dwelling units, a smoke detector shall be mounted on the ceiling ar wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including basements but not including uninhabitable attics. In dwellings or dwelling units with split levels, a smoke detector needs to be installed only on the upper level, provided the lower level is less than one full story below the upper level; if there is a door between levels, a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping azeas. Finally, detectors shall be listed and meet the installation requirements of NFiPA 72. The building inspections division would require an upfit permit (due to change in use of residence) in addition to an electrical permit if the above smoke detection system is to be installed. If all electrical work has been completed under previous permits, only an upfit permit would be required. The Orange County Fire Marshal's office would also need to approve the dwelling for the proposed use. Date: April 11, 2001 1 May 2001 Mr. Craig Benedict P.O. Box 8181 Orange County Planning Hillsborough, NC 27278 Dear Mr. Benedict, You may recall that I recently submitted an application for a Class A Special Use Permit to enable me to open athree-bedroom bed and breakfast in Rougemont, N.C. Specifically, the Dr. Arch Jordan House, located in the Caldwell community, will become The Olive Branch Inn pending approval of my application. I am writing to request a waiver of land use buffer requirements as is outlined in Article 12, Section 8 of the Ordinance. I believe placing trees along Highway 57 in front of my business will present a significant traffic hazard. A tree buffer is already in place along Highway 57 on the northeast side of the driveway. Care is needed currently when exiting my driveway because of this tree frontage. To duplicate such a tree line along the southwest corridor abutting Highway 57 would provide even greater risk due to the topography of the site. Vehicles approaching my business from that direction, i.e. Hillsborough, emerge in front of the house just after rounding a curve and climbing a hill. The posted speed limit is 55 mph Visibility for drivers leaving my business, as well as those coming from Hillsborough, will be greatly impaired if such a tree line is established along that corridor. Additionally, the Dr. Arch Jordan House, as well as the 47.17 acres of farmland, were listed on the National Register of Historic Homes by the Department of the Interior in August, l 998. In Article 12, Section 1 of the landscaping and buffer ordinance the Intent reads "to protect, preserve and promote the visual appeal, character and value ofthe surrounding neighborhood and properties".~ I wager that the Department of the Itterior would agree that we should be protecting, preserving, and promoting the visual appeal, character and value of the Dr. Arch Jordan House and its historic boundaries by not adding unnecessary vegetation. I believe that the Caldwell community is proud of this historic site in its community. To provide a visual screening or barrier to the house would serve no purpose other than hiding a beautiful historic home from the public eye and, consequently, hurting my pending business which is dependent upon highway viewing. My hope is that you will agree that the strict adherence to Article 12, Landscaping and Buffer Requirements, would serve no useful purpose in this particular application. Traffic may be adversely impacted and the historic Dr. Arch Jordan House and surrounding land would be forever changed if trees were added along this corridor. I respectfully ask that you waive these requirements. Sincerely, Elizabeth P. Davidson Home/I_and Owner Dr_ Arrh _1nrr~an HnI1cP ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director c•..rr .r s, Current Planning ,,-` * ''. 306E Revere Road (919) 245-2575 v ~ P O Box 8181 (919) 644-3002 (FAx) Hillsborough, vvww.co.orange.nc.us '`•~~~ ~.~•~~'• North Carolina, 27278 MEMORANDUM To: Elizabeth P. Davidson, Applicant From: Craig Benedict, Planning Director Tina Moon, Planner II Date: May 10, 2001 Subject: Land Use Buffer Waiver for Olive Branch Inn Bed & Breakfast Class A Special Use Permit Elizabeth P. Davidson, the applicant for the Olive Branch Inn bed and breakfast establishment has submitted a request for a waiver of the Type E Land Use Buffer requirement along the front of her property. Article 12 of the Orange County Zoning Ordinance outlines landscaping requirements for development projects. Section 12.8 of that article provides for a waiver of Land Use Buffer requirements when strict adherence to the ordinance serves no useful purpose, so long as the spirit and intent of the ordinance is maintained. To satisfy the ordinance requirements for the special use permit application, Ms. Davidson is required to install a Type E Land Use Buffer along the west side of her property fronting NC 57 (per Section 12.6.2, Schedule of Required Land Use Buffers). A Type E Land Use Buffer is composed of predominantly (at least 75°~) evergreen vegetation that is opaque to a height of at least thirty (30) feet. Section 12.1 specifies the intent of the Landscaping and Buffer Requirements as follows: Landscaping and screening requirements are established to improve the appearance of vehicular use areas and property abutting public rights-of--way; to require screening between non-compatible land uses; to protect, preserve and promote the visual appeal, character and value of the surrounding neighborhood and properties; and to promote the public health, safety and welfare through the reduction of noise pollution, air pollution, visual pollution, air temperature extremes, soil erasion, and glare from vehicle headlights and exterior lighting fixtures. The applicant submits, in her letter, that strict adherence to the buffer requirements will create a potential safety hazard for guests entering and leaving the property, and will detract from the historic character of the property, which is linked to its inclusion on the National Register of Historic Places. Land Use Buffer Waiver Page 2 Based on the site plan and a field visit to the property, the Planning and Inspections staff finds merit in the applicant's request for a waiver. NC 57 is classified in the Land Use Element of the Comprehensive Plan as a minor arterial and has a 55-MPH speed limit. The existing house and driveway are positioned at an angle to the road. The visual prominence of the house serves as the best directional landmark for the bed and breakfast operation. Planting a row of evergreen trees along the road frontage would block the house and may create a traffic hazard for guests, particularly those trying to find the property for the first time. In addition, the evergreen buffer will detract from the traditional visual presence of the house from the roadside. The Zoning Ordinance is very clear in the additional requirements for Historic Sites Non-Residential Reuse/Mixed Use special uses; (Section $.$.24) that the proposed use must preserve the historic character of the building and site. Item b) under the Standards of Evaluation states, "The proposed use of the historic structure shall be of such nature so as to preserve the historic character of the site and the building." It appears that the installation of a Type E Land Use Buffer would negatively impact the historic character of the site. The Planning Director, based on the findings stated above, approves a partial waiver of the Type E Land Use Buffer along the NC 57 boundary of applicant's property for a distance of 100 feet on either side of the house measured perpendicular to the road. t MINUTES z ORANGE COUNTY BOARD OF COMMISSIONERS 3 AND 4 ORANGE COUNTY PLANNING BOARD 5 ' May 29, 2001 ~ The Orange County Board of Commissioners and the Orange County Planning Board met on s Tuesday, May 29, 2001 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North 9 Carolina. to t t COUNTY COMMISSIONERS PRESENT: Chair Stephen H. Halkiotis and Commissioners 12 Margaret W. Brown, Moses Carey, Jr., Alice M: Gordon, and Bany Jacobs t3 PLANNING BOARD MEMBERS PRESENT; Chair Nicole Gooding-Ray and members 14 Crauford Goodwin, Howard McAdams, Rachel Preston, Hunter Schofield, Bob Strayhorn, t s Theodore W. Triebel and Runyon Waods t6 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 17 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Planning Director Craig t 8 Benedict and Clerk to the Board Beverly A. Blythe (all other staff members will be identified t9 appropriately below) 20 2l NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT Z2 AGENDA FILE IN THE CLERK'S OFFICE. 23 24 A. OPENING REMARKS FROM THE CHAIR 2s Chair Halkiotis outlined the agenda for the meeting. 26 27 B. PUBLIC CHARGE . zs ~ Chair Halkiotis read the public charge. 29 3o C. PUBLIC HEARING ITEMS (County Commissioners Only) 31 1. Pro osed Amendments to Ordinance Prohibiting the Keeping of Animals 3z Dangerous to persons and Pro a within Orange Coun 33 Health Director Rosemary Summers made the presentation. In the summer of 34 2000, the Committee on Animal and Human Safety appeared before the Board with a 35 request for the County Commissioners to consider an ordinance that would ban the display 36 of exotic animals. This request was referred to the Board of Health. The Board of Health's 37 Animal Control environmental Health Committee took up that issue on August 16, 2000 3s and met several times to consider the ordinance. The committee noted that the 1993 39 ordinance to prohibit the keeping of wild and dangerous animals had not been amended. 4o The committee proposed amendments to the ordinance that do not change the substance 4t of the ordinance. The physical enclosure restrictions have been eliminated to make it 4z much clearer that the intent of the ordinance is to prohibit the keeping of wild and 43 danglerous animals. There are presently no known wild or dangerous animals being kept as in the County. This ordinance only applies to the unincorporated areas of the County. 4s Commissioner Brawn asked a clarifying question about the difference between a6 this item and the next item. The first ordinance is prohibiting the keeping of wild animals a~ dangerous to persons and property and the second ordinance is prohibiting the display of 4s wild and exotic animals. 49 Commissioner Jacobs asked about the new abstract and Rosemary Summers so said that she and the County Attorney reviewed the language of the document and did not st change anything in the intent, but only cleaned up some of the language. to t in the willing buyer and willing seller process. Also, regarding the eminent domain, he 2 would like to see this taken out of the language. 3 Jim Richmond made reference to map #1, site 4c on Richmond Road and a Lebanon Church Road. He and his brother own this tract. He said that these s designations, in effect, do give the school board the right of first refusal. He has no 6 problem with his property being designated. He does feel that there needs to be a ~ reasonable limiting on the school board making a decision as to whether or not they will s pursue the identified property for a school site. Around site 4c there has been a lot of 9 properties designated. Once the school board has selected one of these sites, he would to like the other properties to be removed from the process. t t James R. Fault lives on Lebanon Road in Mebane in Orange County. He t2 lives on Lebanon Road. He said that we desperately need a middle school and a high t3 school in this area of the County. This area is growing. He asked that the railroad be t4 considered for transportation. The schools should be energy efficient. Also, he said that is there is Mebane city water and sewer in this area, which would substantially decrease the 16 costs of the school. He supports the long range planning of the Planning Board. He feels t~ the selections should be narrowed. He said that this part of Orange County always gets is left out and it provides a significant amount of the tax base. t9 Bill Harold asked about the definition of ETJ and it was explained to him. He zo asked about map #4, site 27c and why this was chosen. Craig Benedict said that this zt parcel is within the 50-year water and sewer boundary for the Town of Hillsborough. That zz is why the area was included on the list of potential school sites. z3 Peter Walsh said that he lives on NC 57next to site 12b. This is in a cluster of za five farms that are active right now. He said that if schools were brought into this area, 2s which would require water and sewer, the farms would not be able to continue. He said z6 that this was ahigh-speed road. He would like this site to be removed. z~ Commissioner Jacobs asked if Boards of Education by state statute have the 2a right of eminent domain and Geoffrey Gledhill said yes. Commissioner Jacobs clarified z9 that school boards could act independent of the County Commissioners up to the point that 3o they have to pay for a piece of property. He said that the County Commissioners were not 3 t giving the school board anything or taking anything away. He said that he is still not clear 3z about the answer to the question about jurisdictional concerns with Hillsborough. 33 Gene Bell said that they did not look within Hillsborough's jurisdiction primarily 34 from the standpoint of appropriateness. 3s Geoffrey Gledhill explained that Hillsborough's city limits and its extraterritorial 36 jurisdiction are planned solely by Hillsborough. Orange County has no authority to 37 designate, in its comprehensive plan, school sites within the towns' extraterritorial planning 3s jurisdiction in Orange County. He also made reference to the process and said that tracts 39 in the ordinance require that a decision by the Board of Education, once the properly is 4o presented by development, is to be made promptly. Legally speaking, this means that the at school board cannot "sit on it." This would be no more than six months. az A motion was made by Commissioner Jacobs, seconded by Commissioner 43 Carey to accept the staff and public input into the public hearing records and to transmit it 4a to the Planning Board for a recommendation to come back to the Board of County as Commissioners no sooner than August 215, 2001. 46 VOTE: UNANIMOUS a~ 48 4. Olive Branch Inn Special Use Permit Class A Historic Sites Non- a9 residential Mixed Use so a. Bed and Breakfast Use 11 t The following three people were sworn in by Clerk to the Board Beverly A. z Blythe: Craig Benedict, Tina Moon and Betty Davidson. 3 Planner Tina Moon made the presentation. The purpose of this item is to a receive evidence and public comment regarding the application for a class A special use s permit to allow the existing structure, to be used as the Olive Branch Inn Bed and 6 Breakfast. She said that bed and breakfast establishments are permitted upon approval of ~ the class A special use permit by the Board of County Commissioners under use category a 554, Historic Sites, Non-residential, Mixed Use in article $ of the zoning ordinance. She 9 made reference to the property on the County map stating that it is located on NC 57 in to Caldwell. The zoning is rural residential, or R1 and it is in the Little River Protected tt Watershed. The surrounding adjacent property use is essentially R1, rural residential and tz agricultural residential, AR. The property contains 47.17 acres. The applicant is 13 requesting the use of three rooms with restroom facilities and a common dining room area. la No changes to the house are proposed as part of this application. Per section 2.2$ of the is Orange Gounty Environmental Impact Ordinance, the applicant was required to submit an t6 environmental assessment since the property was identified in an inventory of sites of t~ cultural, historic, recreational, biological, and geological sign~cance in the unincorporated t s portions of the County. This house has been placed on the National Register of Historic 19 Places. The Planning staff has forwarded the EA and supplemental materials to the North 20 Carolina State Clearinghouse and is awaiting comments. Subject to the comments from 2t the state clearinghouse, the application appears to meet the County requirements at this 22 point. Therefore, the Planning Department is recommending approval of the class A z3 special use permit subject to the eight conditions. The administration is recommending 2a that the Board refer the class A special use permit to the Historic Preservation Commission 2s to determine whether the proposed use maintains the historic character of the house and 26 property as required in the Orange County zoning ordinance and then to the Planning z~ Board for a recommendation on the SUP to be returned to the County Commissioners no za sooner than August 21, 2001. 29 Commissioner Carey asked about the significance of condition #7, which is the 3o requirement to dedicate the property within the right-of--way and the small portion on the 3l eastern side Of the right-of--way to NCDOT or Orange County prior to commencing 3z operation. Craig Benedict said that when the applicant submitted the application the deed 33 included the entire roadway. There had not been any right-Of--way easements acquired by 3a NCDOT. With any new proposal that comes in, that is the time to acquire the right-of--way. 3s Commissioner Brown asked about a piece of property down the road from her 36 where the people own the property across the intersection and they do not pay taxes.on 37 that portion. Craig Benedict will get an answer to this question. 38 Commissioner Jacobs asked if it was standard for special use permits to be valid 39 for six years. Geoffrey Gledhill said that Orange County's ordinance limits the period of a ao special use permit to six years. a t Commissioner Jacobs asked about landscaping as mentioned on pages 42 to az 45 and asked for an explanation of the partial landscape waiver for a visibility corridor. 43 Craig Benedict said that the purpose of a partial landscape waiver for the frontage is so as that the historical view of the house can still be maintained. There will also be a place for a a5 conservative sign and the sign will not obstruct the view of the house. a6 Commissioner Jacobs made reference to condition #4 and said that he is aware a~ of at least three instances where the Fire Marshall was not included in the process of as approval in a timely fashion so that people had to redo things and had to do things that a9 were counter to policies that we were pursuing. He would like to be sure that there is so better coordination between the Fire Marshall and the County's Inspection staff. 2 to 11 lz 13 14 15 16 17 18 l9 20 zl 22 23 24 2s z6 27 28 29 30 31 32 33 34 35 36 37 38 39 ao 41 42 43 44 45 46 47 48 49 50 12 Chair Halkiotis asked how much land is involved across NC 57. Craig Benedict said that it is approximately one acre of land 75 feet wide through a portion of the property. It is an issue we have been discussing with the Department of Transportation to correct the situation. This is prevalent throughout the County. Chair Halkiotis said that he has a problem with (arcing the issue on this property. He wants to know if this is a fair process and the impact the taking of this right-of--way has on this property owner. He does not have a problem with asking DOT to pay for this land. He said that we need to do a better job of coordinating the County departments. Commissioner Gordon questions the taking of land without paying for it. She made reference to the 12-foot gravel drive and asked about the utility pole in the middle of this driveway. Craig Benedict said that when DOT looks at the final driveway permit, if there is a relocation of a utility pole, they would make these arrangements with the property owner. Commissioner Gordon would like more information on this issue. Betty Davidson, applicant for the Special Use Permit, said that the process has been daunting. She has tried to comply with the ordinance. She submitted a prepared statement of responses to the proposed eight conditions. Regarding condition #4, she feels that minimally she needs fire extinguishers and mobile escape ladders for anyone staying upstairs. Regarding condition #6, she has a question about the efficacy of solar- powered lighting. She would like to look into this to see if it would be enough light in order to see the sign. Regarding condition #7, which has to do with the dedication of the right-of- way, she does not accept this. She believes it is unreasonable and unacceptable. This is family and historic land and she thinks it is offensive and improper to give up this land without compensation or explanation of reason. She said that she is not creating a subdivision and should not be asked to comply with an article of an ordinance pertaining to another use. She has spent in excess of $6,000 in her attempts to comply with all provisions of the class A special use permit. She is paying taxes on the 1.17 acres. Also, regarding the recommendation to refer the application to the Historic Preservation Commission, she thinks this is a duplicative effort and is a very scary proposition after coming this far in the process. She proposes that this be done when an applicant first approaches the County. She also made reference to a letter to Craig Benedict regarding a waiver of land use buffer requirements. A partial waiver was granted in a return letter. She requests that the tree line be either eliminated or re-designated. One hundred feet measured perpendicular to the road an either side of the house would still pose a safety hazard and would alter the historic landscape. She thinks the Olive Branch Inn and Farm will offer a very unique rural experience. Commissioner Gordon feels that this is the sort of establishment we are trying to foster and she appreciates the applicant's efforts. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to refer the proposed Class A Special Use Permit to the: 1) Historic Preservation Commission to determine whether the proposed use maintains the historic character of the house and property as required in Section 8.8.24.b of the Orange County Zoning Ordinance. 2) Planning Board for a recommendation on the SUP to be returned to the Baard of County Commissioners no sooner than August 21, 2001. VOTE: UNANIMOUS NOTE: The items listed below were continued to an adjourned meeting for May 31 at 7:00 in the Southern Human Services Center in Chapel Hill, North Carolina. 5. Orange Coun Subdivision Amendments ~. ... ,,. ~ -'- ~.. .. ~ ,.. ; ., ,.~ ~, ..~ ~'~, w ~, '~. ~r i Nau ~.L S~ Y 9 ~~ ~~ .~ NCO W J .. W.M ~ ~ n iw ~~ .M+ ~rw o .' ~ :Y'~. r~ ~ % ~. 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