HomeMy WebLinkAbout12.13.23 BOA Agenda Packet ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 919.245 2575
ADMINISTRAIVE MEETING AGENDA
ORANGE COUNTY BOARD OF ADJUSTMENT (BOA)
WHITTED BUILDING
300 WEST TRYON STREET
HILLSBOROUGH, NC 27278
Wednesday, December 13, 2023
7:00 p.m.
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF NOVEMBER 15, 2023 BOA MEETING MINUTES
4. DISCUSSION REGARDING POTENTIAL CHANGES TO BOA RULES OF PROCEDURE
5. DISCUSSION REGARDING BOA STATEMENT OF STANDING FORM
6. REVIEW OF BOA ANNUAL WORKPLAN FOR 2024
7. REVIEW OF BOA CALENDARS FOR 2024
8. ADJOURNMENT
1
1 MINUTES
2 BOARD OF ADJUSTMENT
3 REGULAR MEETING/REGULAR MEETING/EVIDENTIARY HEARING
4 November 15,2023
5
6 MEMBERS PRESENT: Leon Meyers, Chair, Member
7 Beth Bronson,Vice-chair, Member
8 Jeff Scott, Member
9 Nathan Robinson, Member
10 Adam Beeman,Alternate
11
12 MEMBERS EXCUSED: Holly Fraccaro,Alternate
13 Greg Niemiroski, Member
14
15 LIST OF APPLICANTS: Patrick Byker, Morningstar Law Group
16 Will Wirt P.E., Summit Design
17 Jim Parker, Summit Design
18 Lyle Overcash, Kimley Horn
19 Tad Hardy, Kimley Horn
20 Eric Lappala, Eagle Water Company
21 Richard Kirkland, Real Estate Appraiser(MAI)
22 Patrick Cummings, Hillsborough Youth Athletic Association
23 John Pelphrey, Orange County Tennis Club
24
25 PUBLIC: Bethany Kidd
26 Brian Hill
27 Laura Coronado
28 Jim West
29 Linda Johnson
30 Wanda Richardson
31 Maria Pery
32 Jessica King
33 Amanda Goodwin
34 Chad Pickens
35 Margaret Cates
36 Thomas Brown
37 Sandra Brown
38 Matt McDermott
39 June Minton
40 Evan Wynmor
41
42 STAFF PRESENT: Cy Stober, Planning & Inspections Director
43 Patrick Mallett, Deputy Director, Development Services
44 Taylor Perschau, Current Planning &Zoning Supervisor
45 Brian Collie, Planner II
46 Lauren Coffey, Planning Technician
47 James Bryan, Staff Attorney
48 Victoria Hudson, Environmental Health Director
49 Thomas Privott, Environmental Health Supervisor
50
51 AGENDA ITEM 1: CALL TO ORDER
52
53 Leon Meyers called the meeting to order at 7:09 p.m.
54
55
2
1 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA
2
3 No additions to the agenda.
4
5 AGENDA ITEM 3: APPROVAL OF MINUTES—November 8,2023
6
7 MOTION made by Nathan Robinson to approve the November 8, 2023 minutes as presented. Seconded by Beth Bronson.
8 VOTE: Unanimous
9
10 AGENDA ITEM 4: PUBLIC CHARGE
11
12 Leon Meyers: I'm going to read the public charge here and then talk a little bit about order of operations. And we'll get started.The
13 Board of Adjustment pledges to the citizens of Orange County its respect.The Board asks its citizens to conduct themselves in a
14 respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any
15 citizen fail to observe this public charge,the Chair will ask the offending person to leave the meeting until that individual regains
16 personal control. Should decorum fail to be restored, I'll recess the meeting until such time that a genuine commitment to this
17 public charge is observed. Now's the time to mute or turn off your devices, please. The Board of Adjustment is a quasi-judicial
18 administrative body established in accordance with local regulations and State law to perform specific functions essential to the
19 County's planning program. And that, of course, includes considering special use permits like the subject of tonight's hearing.
20 Actions taken by the board are based solely on competent, substantial, and material evidence presented during a scheduled and
21 advertised public hearing on a specific item. As detailed within Section 2.12 of the UDO the Chair reserves the right to exclude
22 evidence and testimony that is deemed: 'incompetent, irrelevant, immaterial, or unduly repetitious'and therefore fails to reasonably
23 address the issues before the Board. While it should be noted there is no time limit on the presentation of evidence, the Board
24 asks that the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of
25 decorum to ensure a fair and equitable hearing for all parties. It is the duty of every board member to avoid both conflicts of
26 interest and appearances of conflict. Board members having any conflicts of interest or appearances of conflict must respect the
27 matters before the Board should identify the conflict or appearance of conflict and refrain from undue participation in the matter
28 involved. As a reminder, the general statute establishes the following standard. A member of the Board exercising quasi-judicial
29 functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate the
30 effected person's constitutional rights to an impartial decision maker. Impermissible violations of due process include but are not
31 limited to a member having a fixed opinion prior to the hearing on the matter that is not susceptible to change, undisclosed ex
32 parte communications, a close,familial business or other association or relationship with an effected person or a financial interest
33 in the outcome of the matter at hand. And so, I will ask if any board member wants to identify a conflict or an appearance of
34 conflict related to this case?
35
36 Adam Beeman:As the chair of the Planning Board I oversaw a similar matter, but I don't believe that that,to me, poses any
37 conflict. I don't know if anyone else has reason to believe it does.
38
39 Leon Meyers:Thank you. Anybody else?
40
41 Beth Bronson: I was on the Planning Board and received an application. I am duly elected as well, duly appointed on the
42 Planning Board and reviewed the same application.And have previously stated the disclosure and do not think that there is
43 anything similar that would create a conflict of interest as a Planning Board member and on the Board of Adjustment.
44
45 Leon Meyers:Thank you. For order of operations this evening,we're going to hear a brief staff report,the staff report that
46 we heard at the beginning of the first hearing. And then the board will establish standing for the folks who signed up to
47 speak at the October 18th hearing those who are present here in the room and, also anyone who is joining us
48 electronically. Then we'll hear the applicant's presentation from the beginning. And then we'll close the public hearing and
49 the matter will be before the Board. Does anybody have any questions or concerns about that way of organizing the
50 meeting?
51
52 Beth Bronson: Do we have somebody joining us electronically tonight?
53
54 Cy Stober: There is one individual from the public who is joining remotely and has indicated they would like to speak and
55 will need to be reviewed for standing.
3
1
2 Beth Bronson: Okay. Thank you very much.
3
4 Leon Meyers:Thank you. Then Taylor, staff report.
5
6 Taylor Perschau: Good evening, Board. I'm Taylor Perschau, Current Planning and Zoning Supervisor with Orange
7 County Planning.As Leon said, I will be presenting a brief summary of the staff findings, the real comprehensive part of
8 which is in the agenda packet. So, if I don't cover something that you have questions over, happy to address that. I do
9 also want to acknowledge that we have Patrick Mallett, Deputy Director of Development Services and Cy Stober, Director
10 of Planning and Inspections,who were heavily involved in the application review who can also speak to any questions you
11 might have. As a reminder of what you have access to in the agenda packet, this one does look different than what we saw
12 on October 18th namely just that we have Attachment 7 through 11 which are in the green color here. And all of those
13 attachments were submitted into evidence during that portion of the October 18th hearing. Some of what was submitted by
14 the applicant, some of which was submitted by staff. The following is to be considered staff testimony and summary of our
15 findings of fact. Orienting to the property as well as the specifics of the project or request,the location is a parcel at the
16 intersection of Lawrence Road and US 70A. Not exactly at the intersection but the property does have frontage on both
17 roads. It's located in the Eno Township. The watershed is the Lower Eno both protected and unprotected. And the
18 applicant is the property owner, Lawrence Road Partners. Current zoning on the property is rural residential. There is a
19 zoning overlay which is the major transportation corridor overlay. This request does not propose any change to those two
20 facts of the property. Instead,the request is asking for a special use permit. The use described is Use No. 33 in the table,
21 or 38 rather in the Table of Permitted Uses. It's recreational facilities which is permitted in rural residential with the
22 approval of a special use permit which would be granted by the Board. The total project area is 53.37 acres of the total
23 84.9-acre parcel. It's going to be divided into a Lot 1 and 2, and then there's a separate Lot A that's not subject to this
24 request. The surrounding zoning is R1, R2, R4 and EC5. R1 through 4 are all residential districts. EC5 is a commercial
25 use district across the street. It's an existing fencing company. These are relevant to the consideration because you are
26 tasked with identifying whether the request is in harmony with the character and use of the area in which it's proposed.
27 Further, you are tasked with finding whether the request is in both conformance with the Unified Development Ordinance
28 and the future plan of development which is the future land use map and comprehensive plan. The future land use
29 designation for the property is 20-year transition, and there are also resource protection areas identified on site which are
30 subject to various protections. The actual elements of the proposal include Lot 1 featuring outdoor recreation courts for
31 tennis, pickleball and an indoor facility similarly for tennis, pickleball as well as basketball and volleyball, and then we have
32 Lot 2 is proposed for outdoor baseball and softball fields, bathrooms and concession facilities. And then finally as
33 mentioned,the portion of the parcel designated as Lot A is not subject to the request. As required by UDO Section 2.5,the
34 applicant did submit the reference site plan on this slide. The site plan is a binding condition being offered, and if approval
35 were to be granted,the permit would be to be developed in accordance with this plan. In addition to the requirement for a
36 site plan, the application was also reviewed based on Section 2.2 which establishes standards for applications being that it
37 required a pre-application meeting,that it's a complete application,that fees are paid. It was also reviewed in accordance
38 with Section 2.7 which is the Special Use Permit Procedures. And Section 5.3.2,which are use specific standards for all
39 special uses and finally Section 5.7.2 which are use specific standards for recreational facilities. Elevations were required.
40 I'll let the applicant go into more detail about what they're proposing in those components. But as a summary of what
41 they're committing to,we have the Site Plan. The applicant has also proposed six conditions that would travel with the
42 permit and the land should approval be granted. In addition to the recreational facility elements already identified, they are
43 also proposing private well and septic systems, a 30-foot development perimeter buffer supplemented with Type C
44 landscaping, a sidewalk the entirety of the internal access road as well as along the frontage with Lawrence Road and US
45 70A. And finally,there are 65-foot stream buffers in accordance with ordinance standards. In summary,the staff analysis
46 did determine that the submitted application and evidence is complete, per the requirements of those sections identified,
47 2.5 being the Site Plan, 2.7 being the Special Use Permit procedures and 5.7.2 being the Use Specific Standards for
48 Recreational Facilities. We also found the applicant to have submitted material evidence to support the submittal
49 requirements and use standards of all referenced sections and additionally 5.3.2 which again are the use specific standards
50 for special uses. Staff further finds that the special use as proposed will maintain or promoted the public health, safety and
51 general welfare if located where proposed and developed and operated according to the plan. As reflected in the staff
52 report, the applicant's site plan and conditions submitted,as well as all staff commentary provided in Attachment 5 related
53 to Development Advisory Committee Review and the State Clearinghouse Review. Based on all the materials referenced,
54 Staff finds no potential injury to the value of contiguous property. And as documented in the staff report, staff finds that the
55 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
4
1 development of the county which is embodied both in the Unified Development Ordinance and the Comprehensive Plan
2 and Future Land Use Map. If you have any questions on staff testimony, I'm happy to answer now or later. Otherwise, 1
3 would defer to the applicant to provide their testimony at this time.
4
5 Leon Meyers:Thank you. Mr. Byker.
6
7 Patrick Byker: Chairman Meyers,Vice Chair Bronson, members of the Board, my name is Patrick Byker. I'm an attorney
8 with Morningstar Law Group. Our office address is 700 West Main Street in Durham. We represent Lawrence Road
9 Partners, LLC,the applicant, in this Special Use Permit case. Lawrence Road Partners owns a tract containing
10 approximately 85 acres located along the east side of Lawrence Road south of US 70A. We are here tonight to request a
11 special use permit for approximately 53.37 acres within that 85-acre tract to serve as recreational facilities at this location.
12 Those facilities will include outdoor baseball, softball,tennis and pickleball and an indoor recreation facility. Section
13 1.8.3(B)of the UDO gives the Board of Adjustment final decision-making authority on Special Use Permit applications. The
14 applicant will demonstrate that the plan for the Lawrence Road Recreational Facility meets all the requirements for approval
15 set forth in the UDO. We will demonstrate that through the exhibits and the testimony of the following witnesses, each of
16 whom is an expert in his field. Our first witness will be Mr. Will Wirt, a professional engineer from Summit Design and
17 Engineering. He is the engineer and the site designer who will talk in depth about the plan and how it conforms with UDO
18 standards. Second, Mr. Lyle Overcash is a professional engineer who specializes in traffic. He is from Kimley Horn. He
19 will be followed by Mr. Tad Hardy, also a professional engineer from Kimley Horn who specializes in noise analysis. After
20 that will be Mr. Eric Lappala, a professional engineer who is the president of Eagle Water Company and an expert in well
21 hydrology. After that, our last witness is Mr. Rich Kirkland. He's a duly-licensed real estate appraiser and a member of the
22 Appraisal Institute which is the highest designation in the real estate appraisal field. We're hoping Mr. Kirkland will be here
23 by the time our other witnesses testify because he is double booked tonight. He's testifying at this moment for OWASA
24 before the Carrboro Board of Adjustment. And then he will obey all state traffic laws and arrive here as quickly as possible.
25 After our expert witnesses provide competent, material, substantial evidence on the record that our application complies
26 with all UDO requirements, I'll provide a brief summary of that evidence. And then we will submit the testimony of
27 representatives of two proposed operators for these recreational facilities. The Board will hear from Mr.John Pelphrey
28 from the Orange County Tennis Club and then from Mr. Patrick Cummings with the Hillsborough Youth Athletic Association.
29 As you consider the evidence, please keep in mind the legal standards which govern this type of hearing. It is our burden
30 as the applicant to provide this Board with competent, material, substantial evidence showing that each of the required
31 approval criteria has been met. Once that is done, under state law, the applicant is entitled to the issuance of a Special
32 Use Permit because special uses are uses by right if the evidence demonstrates that all the applicable criteria in the UDO
33 and the comprehensive plan have been met. We are confident that the competent, material, substantial evidence provided
34 to the Board this evening will clearly establish the applicant has complied with the requirements of the UDO, and therefore,
35 the permit should be issued. Before I call our first witness, I do wish to inform the Board we have a full-size copy of that
36 site plan available for any of you if you wish to review it since some of the numbers and dimensions are fairly small on your
37 screen. That is labeled as Exhibit Q and let us know if you would like to see that. Secondly, as I wrap up, I do wish to
38 reiterate that back on October 18 when this hearing was first opened,we did add an additional condition of approval stating
39 that outdoor pickleball shall not be permitted on any courts within 250 feet of the property line. With that, Mr. Chairman,
40 unless the Board has any questions for me,we'll present our first witness, our site engineer, Mr. Will Wirt.
41
42 Leon Meyers:All those witnesses have been sworn, Mr. Byker?
43
44 Patrick Byker:Yes, sir.
45
46 Leon Meyers:Thank you.
47
48 Will Wirt: Good evening. My name is Will Wirt. I'm a site design engineer with Summit Design and Engineering Services
49 here in Hillsborough at our offices at 320 Executive Court. I have 61/2 years of land development experience in all types
50 of land development projects across Central North Carolina including engineering components such as hydraulic and
51 hydrologic engineering, geotech and material testing, private transportation design and construction administration. I was
52 the site engineer that led the design team for this project. I believe I was the only witness to testify last time. I'll try to keep
53 it moving. You can probably make this presentation yourself by now. I'm here to discuss the overall layout of the project,
54 make clear your basis of knowledge about how this plan complies with all applicable sections of the UDO of the Special
55 Use Permit application. So as you can see on the site plan,the proposed use for this project is recreational with baseball
5
1 fields on the eastern portion of the property,tennis and pickleball courts and indoor recreational facilities in the northeast
2 corner,surface parking for both facilities, an internal roadway system and sidewalks as well as ample room for stormwater
3 control measures and buffer protection along the stream in the middle of the site there and at the edge of the property. And
4 all of these elements were designed to comply with the Orange County UDO, particularly Article 5, the use standards in
5 Article 6,the development standards and these cover general use standards,special use standards for all sites and the
6 recreational specific sites. Starting with General Use Standards covering two major categories, public health and harmony.
7 These can be found in UDO Section 5.3.2(A). First,this plan will maintain and promote the public health, safety and
8 general welfare if located as proposed and if developed and operated as submitted. The site will not use the town of
9 Hillsborough utilities. The well and septic systems proposed will comply with all applicable standards and will handle the
10 wastewater and water needs for the site. The internal roadways and pedestrian infrastructure has been designed in such a
11 way to ensure safe movement of cars and pedestrians, and the required perimeter buffers are in compliance with the UDO
12 standards and will be used to protect adjacent properties from light and noise and equipment on site. This buffer is
13 proposed as 30-feet wide to protect much of the existing wooded vegetation around there. As Taylor mentioned in her
14 presentation, a landscape buffer Type C is also proposed to supplement the existing tree line to further increase the screen
15 at the project's perimeter. And these recreational facilities will be a community asset that will give residents of Orange
16 County and neighboring property owners the opportunity to participate in recreational activities close to home which is why
17 the Orange County LIDO requires recreational space in new developments as well. Second, the location and the character
18 use of the site, if developed according to the plan,will maintain the harmony of the area and comply with the plan for
19 physical development of the county as embodied in the regulations of the comprehensive plan. This is a property that is
20 located in the 20-year transition zone on the Orange County Future Land Use Map, as Taylor indicated,which means that
21 Orange County has already identified this area for development to change from rural to urban over the next 20 years. The
22 properties to the west of the site are in the 10-year transition zone, and the properties to the east are in the rural-residential
23 zone. This site provides a delicate transition between rural and urban spaces. And the recreational facilities maintain an
24 openness of rural space with outdoor fields and facilities while being slightly more developed than the typical property. The
25 transition will maintain the harmony of the plan as outlined and developed by Orange County. Additionally, Orange County
26 Comprehensive Plan states that there are projections that a quarter of the 40 to 80,000 people moving to Orange County
27 will likely be outside the municipalities which means that Orange County is going to have the responsibility of providing
28 recreational services,facilities and opportunities to somewhere between 10 and 20,000 new residents. So therefore,this
29 plan maintains the goal of providing adequate parks and recreational facilities for all citizens within Orange County. Moving
30 on to special use standards which can be found in UDO Section 5.3.2(B) beginning with the utilities. As I mentioned
31 before,well and septic are proposed for this site. And these will all be developed per federal, state and local regulations.
32 These uses are much lower utility uses than what is allowed by rite. We have done preliminary research to locate the
33 septic fields which you can see on the plan in front of you. For police, fire and rescue squad protection, the site plan
34 proposes multiple entrances and provides ample emergency vehicle and apparatus routes by maintaining wide streets,
35 wide accesses to parking lots,wide spaces between facilities. And later our traffic engineer, Mr. Lyle Overcash,will provide
36 testimony on how the plan satisfies access to the site from the public roads. That's how the plan meets the general and
37 specific standards for special uses. For special uses related strictly to recreational facilities,which can be found in UDO
38 Section 5.7.2,this site proposes the primary use as a recreational facility ensuring the minimum lot area exceeds 2 acres.
39 This includes allowing for features such as play and training areas, athletic fields, lights, parking for patrons, staff and office
40 facilities and restroom and locker facilities as well. It also ensures that no building shall be closer than 20 feet to any right
41 of way or property line or the minimum requirements of the district in which it's located whichever is stricter. Ensuring that
42 outdoor facilities comply with the provisions of 6.11 and are located a minimum of 50 feet from the property line. All
43 facilities are located 50 feet from the property line as shown on the low property line there and the northern property line
44 along Lawrence Road. It will also utilize a combination of screens,fences, buffers, nets to keep all equipment on property
45 and therefore,this plan complies with the special use standards for a recreational facility. Now, moving on to development
46 standards found in LIDO Article 6, this covers two major ones, sedimentation and erosion control and stormwater control as
47 well as a few others. Starting with sediment and erosion control, the regulations for which can be found in UDO Section
48 6.15.7(B)(5) and 6.15.7(B)(6). On the plan,you can see several dark shaded areas. These are areas that are set aside for
49 stormwater control measures. These can be anything from large attenuation devices, storage facilities,as well as soil
50 amended areas that allow for increased infiltration and decreased runoff. All the stormwater control measures or SCMs will
51 be developed per the UDO, I believe that is in LIDO Section 6.5. This is in the Lower Eno Protected and unprotected
52 watershed and therefore, it will meet all of the design requirements for those areas. During construction,the same shaded
53 areas will be utilized to provide erosion control measures that are designed to provide protection against accelerated runoff
54 during the 10-year storm and will also comply with the high-quality water zone areas which can be found in UDO Section
55 6.15.7(B)(6). Moving onto buffers which are regulated in UDO Section 6.8.12(C)you have perimeter buffers along
6
1 Lawrence Road and all adjoining residential properties. These are 30-foot buffers, as I mentioned before,to preserve the
2 existing wooded vegetation and to be supplemented by a Type C buffer where that screening is insufficient. 40-foot buffers
3 will be provided everywhere else that is not included in the previous section that can be found in UDO Section 5.2.2. For
4 parking which is regulated in Section 6.9.7,we provide ten spaces per athletic field with additional parking for overflow and
5 to get vehicles off of streets. We've also submitted a lighting plan which is regulated in Section 6.11.7(A)which ensures
6 that all outdoor areas and parking lot lighting fixtures, other than floodlights and flood lamps used within the facility shall be
7 cut off fixtures, all mounting heights for outdoor lighting except for the field lighting,will not exceed 36 feet above the
8 finished grade, and any light fixtures placed in such a manner that no lamp surface is visible from any residential area,
9 public or private street. Furthermore, as per LIDO Section 6.11.7(C), because this project is located in an urbanizing area
10 of the county, the hours of operation for the lighting system for any game or event shall be no later than 11:00 p.m. except
11 to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented it ending before that
12 time. And all of that lighting will meet the requirements of the lighting section. For signs, Section 6.12.13(G)(3),there shall
13 be one freestanding identification sign for each property. It will be 20 square feet in total sign area. The sign will either be
14 ground or pole mounted. It will be set back 10 feet from any property line. The illuminations will follow the LIDO regulations
15 and all signs will conform to the additional requirements in the sign section. Private streets, particularly related to the
16 stream crossing. Stream crossing is also in a 65-foot buffer, per Orange County's regulations. This is to preserve the
17 natural wooded around there to reduce runoff and protect against erosion and to help maintain the integrity of the stream
18 that will convey the stormwater runoff from the site. The streets conform with Section 6.13.6(C)(4) by ensuring that they
19 cross the stream at a right angle or as close to it as possible. In my professional opinion, I believe the plan conforms with all
20 of the special requirements applicable to this use, special use requirements in LIDO Section 5.3.2(A), specific Special Use
21 Requirements in UDO Section 5.3.2(B), as well as the specific requirements for recreational facilities in 5.7.2. And it is also
22 my professional opinion that the site is designed as per the development standards of Article 6 of the Orange County UDO
23 and if there are no questions at this time, I will bring up Mr. Lyle Overcash.
24
25 Leon Meyers: Board members, questions for Mr.Wirt?Will there be any further detail presentation on lighting on the site
26 later in your presentation?
27
28 Will Wirt: There's none planned, but there could be if you need it.
29
30 Patrick Byker: There is a detailed lighting study in the staff report I believe. We're happy to go over that detail, but it's in
31 your package from the staff.And that gives the footcandle readings across the 53-acres. Happy to go into that in detail
32 during question and answer.
33
34 Leon Meyers: My question, I may have misunderstood the LIDO standard, in the field lighting presentation in particular it's
35 page 473 in the agenda package. I believe it shows the lighting levels in footcandles at the property boundary. And I see
36 some lighting levels at 2.5 and down from there. Does that meet the LIDO standard for lighting?
37
38 Patrick Byker: No,we would have to revise that. My understanding, Chairman Meyers, is that in order to get a certificate of
39 occupancy for any of these facilities we're looking at tonight,we turned in the lighting standard. After it's actually built, our
40 team will have to have a site visit with the Orange County Planning and Inspections team and monitor all those footcandle
41 readings on the perimeter of the building. And then we can't get a CO unless they meet the LIDO standard. So we've
42 turned in that lighting study, but what really will matter is the field verification that's done after it's built. And then,of course,
43 there is adjustments made to the lights, the heights, and the directions to make sure that the footcandle reading at the
44 perimeter is consistent with UDO regulation otherwise we can't get a certificate of occupancy.
45
46 Leon Meyers: I understand. Would you be willing to add a condition on the site plan approval that the lighting levels shown
47 on that field study will be revised.
48
49 Patrick Byker: Of course.
50
51 Taylor Perschau: Chairman Meyers if I may? I can further speak to, so Page 473,you are correct that the,for urbanized
52 areas footcandle can be no greater than 0.5 when adjacent to residential. The note at the bottom right is what staff used to
53 determine conformance that the lighting plan, so the Applicant indicated that shielding was going to be utilized as well as
54 the landscape buffer neither of which were accounted for,to my understanding, in the lighting plan.
55
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1 Will Wirt: Yes, sir,Will Wirt, again. In the lighting plan that you have before you,the buffer that is meant to shield that
2 lighting there was not considered in the lighting model. We have corrected that. That's on that lighting plan over there, if
3 you want to see it. So that has been accounted for.
4
5 Leon Meyers: Good. Thank you.
6
7 Beth Bronson: Just to clarify on the lighting though, the hours of operation for the lights would be until 11:00 p.m.? And
8 then the facilities would be 10:00 p.m.?
9
10 Will Wirt:Yes. That's how it's laid out. The latest the lights can be on, per the Orange County LIDO is 11:00 p.m.
11 The planned hours of operation is 10:00 p.m.
12
13 Beth Bronson:And so have you considered a condition where the lights would be off at 10:00 p.m.?
14
15 Will Wirt:I would have to let the stakeholders answer that.
16
17 Beth Bronson:Absolutely. So just wanted to make sure I was clear on that. It wasn't the facility was closed,you said the
18 lights would turn off at 11:00.
19
20 Leon Meyers:Thank you. Mr. Byker, I proposed an order of operation and then I stepped on my own order here. What 1
21 intended to do was establish standing for those who signed up to speak before your presentation begins. And without
22 objection,we'll go ahead and do that now establish standing for the witnesses, not for witness testimony but for the
23 purpose of standing, and then continue with your presentation. I apologize. For folks in the audience in particular, people
24 who have signed up,who did sign up on October 18 to speak, this is a little bit of an unfamiliar thing especially to folks who
25 are accustomed to participating in public hearings that happen under a different format. Witnesses in order to be
26 considered in a quasi-judicial proceeding like a Board of Adjustment hearing,witnesses have to establish standing. And
27 there are three ways, under the statute,for witnesses to establish standing. One is to have an ownership or a leasehold
28 interest in the subject property. And that would have to be interest in the subject property not an adjacent property to
29 qualify under that standard. You can also qualify for standing if you represent an owner's or lessee's association and if that
30 association has at least one member who has already established standing individually. And if the association was not
31 formed in particular to address the Board of Adjustment matter at hand. And then the final way to establish standing is to
32 demonstrate that you as a speaker, as a potential witness,would suffer special damages. And the North Carolina rule
33 established by the courts is that in order to demonstrate standing through special damages, an individual must demonstrate
34 by competent, material and substantial evidence that approving a project will cause them to suffer a diminution in property
35 value, and causes of diminution could be noise or traffic as an example. Lay opinion is insufficient to establish a diminution
36 in property value. You would need to demonstrate with an expert opinion or with competent material and substantial
37 evidence,that you as a property owner would suffer a diminution of property value. Once you've established standing,then
38 you would have an opportunity to speak and to cross examine other witnesses. Are there any comments on questions on
39 those standards that come directly from the County Attorney. And I'm going to start with, I think in the order in which folks
40 signed up, and these will be potential witnesses who have said that they wish to establish legal standing. I'm going to call
41 your name, and if you're in the room I'll ask you to come forward to the podium, and tell the Board how you believe you
42 qualify as a witness with standing. For our witness who is online,we'll go ahead and connect when that person's name
43 comes up. And the first person is Brian Hill. Is Brian Hill here or online?
44
45 Brian Hill: Here, but I'm not going to speak.
46
47 Leon Meyers: Not going to speak. Okay. The second person is Laura Coronado. Ms. Coronado, can, can you please tell
48 the Board how you believe you qualify as a witness with standing based on the standards that I just read?
49
50 Cy Stober: Chairman Meyers, if I may intervene. Ms. Coronado, I believe, may need translation services.And the translator
51 was also sworn in prior to the public hearing so. I just wanted to intervene and make that provision.
52
53 Laura Coronado: Can I have the translator with me?
54
55 Leon Meyers:You may.
8
1
2 Laura Coronado: Okay. Thank you. I believe that I have the right to speak because I am the owner of my house and I live
3 on Jefferson Drive that is in front of Lawrence and Jefferson. I think I have my right to speak.
4
5 Leon Meyers: I understand. Do you have an ownership interest in the property that's the subject of the hearing so where
6 the ball fields will be built, do you have an ownership interest in that property?
7
8 Laura Coronado: Yes. It's mine.
9
10 Beth Bronson:You have a stakeholder interest in your property. We need to know that you are or are not invested in the
11 property being reviewed tonight?
12
13 Leon Meyers: I'm sorry this is technical and difficult, but we're going to get through it.
14
15 Translator: She would like for you to clarify the question.
16
17 Beth Bronson:We're looking for a statement of standing. When you present during a public hearing,we need to establish
18 standing as part of the quasi-judicial panel of advisory board members. What that means is that as a public speaker
19 coming forward, you have to establish one of a few criteria for standing which allows us to say you have the right to come
20 forward at this public hearing and say anything you need. With that said, there are a few ways to have standing as a
21 speaker at a public hearing. Does that make sense?
22
23 Laura Coronado: Yes.
24
25 Beth Bronson: Number 1 is that you are invested in the parcel being discussed tonight. That's one. The 84 acres that's
26 being reviewed. That's one, yeah, so that one doesn't count. We've established,yes, so you don't.
27
28 Taylor Perschau: The three qualifications that they're asking for are these three on the screen. The first question that
29 they're addressing is Number 1.
30
31 Leon Meyers: Let's just stop on the first one. Let's just ask her if she establishes Number 1.
32
33 Laura Coronado: The Number 2.
34
35 Leon Meyers:Then you would need to show the Board with competent material and substantial evidence or with an expert
36 opinion that the Special Use Permit, if approved,will cause you to suffer a diminution in property value. That means the
37 value of your property would go down if the Special Use Permit is approved.And it's not, I'm afraid, adequate for you to
38 believe that. You'll have to have evidence that that's the case.
39
40 Laura Coronado: No, I don't have an expert. I live there, and I saw the things that will affect me as an owner and because 1
41 live right there in front. I don't have an expert, but I think I don't need to be an expert to see about many things but the one,
42 the main one is the traffic that I saw when I go out of my house and I come in. I was thinking that because I don't have the
43 money to pay some study. I just I am using my common sense to say, but no, I don't have an expert. I don't have the
44 money to do that. So it will be just my testimony.
45
46 Leon Meyers: Does the Board have any other questions for Ms. Coronado before we determine standing for Ms.
47 Coronado?
48
49 Beth Bronson: I would just like to clarify that Jefferson Drive is an intersection on Lawrence Road?
50
51 Laura Coronado: Yes.
52
53 Beth Bronson: That is on the west side?
54
55 Taylor Perschau: I'd be happy to pull a map if that's useful.
9
1
2 Beth Bronson: I can see it, I do see it right here. I do see that the vicinity and I would say with the proximity of your house
3 and you're the one of two exits from your entire neighborhood being on Lawrence Road.
4
5 Laura Coronado: Yes, I received a letter. With the help of translator I understand that it will affect me because I live I don't
6 know how many feet from that.
7
8 Beth Bronson:All right. No further questions.
9
10 Leon Meyers:A motion will be in order, Board members,to confirm or deny standing for Ms. Coronado as a witness in this
11 case.
12
13 Beth Bronson: I would make a motion that she has standing because of her proximity and the damages perceived from the
14 impact of traffic.
15
16 Adam Beeman: Number 2 says she'd have to have a professional. There are no opinions allowed. She has to have a
17 professional,that's it. To have standing, she has to have a professional here to say or expert testimony to say what she
18 wants to convey.
19
20 Beth Bronson: I don't think that's a requirement.
21
22 Adam Beeman: That's the way I read that.
23
24 Leon Meyers: Excuse me, Board members, members of the audience,we're going to have a civilized discussion here. And
25 all of us are trying to follow the rules. I ask folks to be respectful. Excuse me.
26
27 Beth Bronson: I do not necessarily interpret Number 2 as a person who would suffer special damages as a result of the
28 decision. Obviously in the second paragraph it states that they have to do more than simply state that they live in the
29 vicinity. They have to address the alleged action on a proposal will harm their property value or the property in standing
30 alleged secondary impacts providing documentation of same. She has explained that she does not have an expert and she
31 has not conducted her own study; however, she is stating that she is somebody for which this decision would be impacted
32 by.
33
34 Leon Meyers: Motion on the floor. Do I hear a second? Motion dies for lack of a second. Any other motions for Ms.
35 Coronado's standing?
36
37 Nathan Robinson: Can I ask one question? You have mentioned that you believe that there will be damage because of
38 traffic. And Number 2 says that it has to be substantiated somehow. Do you understand when we say it has to be
39 substantiated? What are you bringing us to substantiate your request?
40
41 Laura Coronado: Well, it's just when I am going out and in of my house in the morning or in the afternoon I saw the traffic.
42 It is congested and it is a problem,the 10 and Lawrence intersection and the 70 and Lawrence intersection. I don't have
43 any, no, it's just I am the witness because I am been there every day, so this is the only thing I can say. I don't have
44 anything just my opinion,of what I saw every day there.
45
46 Leon Meyers:Any questions for Ms. Coronado?
47
48 Beth Bronson: How many places can you enter and exit from your neighborhood?
49
50 Laura Coronado: It's Washington and Jefferson.
51
52 Beth Bronson:Where do those two roads let onto?
53
54 Laura Coronado: It's a loop.
55
10
1 Beth Bronson:A loop off of Lawrence?
2
3 Laura Coronado: So you enter, yes,you enter the Washington. And you go out on Jefferson or vice versa.
4
5 Beth Bronson: Okay. And it's a loop.
6
7 Laura Coronado: Yes,the main thing is when you are going to your right side it is okay because it's your right. But if you
8 are going to try to your left and someone because they propose the entrance would be on Lawrence, so that will be a mess.
9
10 Beth Bronson: If I'm looking at the site plans correctly, the entrance would be after Washington Drive and before Jefferson
11 Drive. The entrance to this parcel would be in-between the only two entrances and exits to your neighborhood; is that
12 correct?
13
14 Laura Coronado:Yes, it is correct.
15
16 Beth Bronson: Okay. Then I will make a motion that this citizen has standing in this public hearing based on point Number
17 2.
18
19 Adam Beeman: She has to meet Paragraph 2 under Point Number 2. Bottom of that last sentence in Paragraph 2.The
20 parties secondary impact providing documentation of the same.
21
22 Beth Bronson:Yes, documentation will be that she's a homeowner in this case, right? She's a homeowner where the main
23 entrance to this parcel that's under consideration is in the middle of the only two entrances to a neighborhood of, I would
24 say, more than 40 homes.
25
26 Adam Beeman: Does she have documentation?
27
28 Beth Bronson:And again, she's stating that she's a homeowner. She did not bring her information with her to prove that.
29
30 Adam Beeman: I mean, I'm just following the rules that's the way I see it.
31
32 Beth Bronson: Okay. I'm making the motion that this person has standing.
33
34 Leon Meyers: Okay. And that's the same motion that you made a few minutes ago. Is there a second for that motion?
35 Motion dies for lack of a second. Is there any further motion regarding Ms. Coronado's standing?
36
37 Beth Bronson: I will just comment that we have allowed standing on the basis of vicinity and perceived impact without an
38 expert opinion before.
39
40 Nathan Robinson: I make a motion based on the second paragraph there. It says"individual asserting standing are
41 required to do more than simply state that they live in the vicinity of the subject property." With respect and I don't know the
42 details there because I don't live there. But it appears to me that my motion is based on the fact that the only thing you
43 brought before us today is you simply stated that you live there. That you don't bring the materials or substantiation
44 necessary to establish standing tonight. So that's my motion.
45
46 Leon Meyers:That was a motion to deny standing, is that right?
47
48 Nathan Robinson: Correct.
49
50 Adam Beeman: I second that motion.
51
52 Beth Bronson: I would just make the comment that she is not simply stating that it will harm her property value. She is here
53 to state her information about the traffic and her damages would be the traffic not her home value. I don't see that sentence
54 applying, and I apologize if we see differently on that.
55
11
1 Leon Meyers:We do have pretty specific guidelines from the County Attorney about how to establish standing. And the way
2 1 read that is it must be a diminution of property value and the diminution must be demonstrated with competent material
3 and substantial evidence or with an expert opinion. Any other discussion on the motion? All in favor please say aye.
4
5 MOTION made by Nathan Robinson to deny standing. Seconded by Adam Beeman.
6 VOTE: 4-1 (Beth Bronson opposed)
7
8 Leon Meyers: So that motion carries. Ms. Coronado, I'm sorry,the Board can't grant you standing for this hearing tonight.
9 But thank you for being here.
10
11 Laura Coronado: I understand. Thank you.
12
13 Leon Meyers: Next person, Jim West. Jim West, in the room or online?
14
15 Cy Stober: If he is here,that would be great. But he did email me earlier today sending his regrets that he could not attend.
16
17 Leon Meyers: Next person, Linda Johnson. Linda Johnson, in the room or online?
18
19 Linda Johnson:Yes. I don't know exactly what to do because I've been corresponding with Adam Lovelady from the UNC
20 School of Government. And he's been sending me information. And one of the articles that he sent me talks about many
21 different individuals participate in a hearing without standing consider a quasi-judicial evidentiary hearing for a conditional
22 use permit, planning staff introduces, but it talks about how you can allow witnesses that there's a difference between a
23 witness and a person of standing and witnesses are allowed to speak so.
24
25 Leon Meyers:The Board may hear from witnesses whose standing has not been established. But the Board may not
26 consider that testimony as evidence in the case. I think if you'll read further in Dr. Lovelady's article there,you'll find that it's
27 the case. And that's the reason that witnesses in tonight's hearing will need to be certified for standing. Do you believe you
28 have standing to testimony?
29
30 Linda Johnson:According to Adam Lovelady, but I guess not to you.
31
32 Leon Meyers:Thank you.
33
34 Beth Bronson: Pose a question to staff and council potentially, the people who have signed up for a public hearing have not
35 established standing will they still be able to speak without it being entered into evidence? Like are they given the
36 opportunity to still without standing to speak? I just want to make sure I interpret what this most recent person has
37 presented.
38
39 James Bryan: I think there's a distinction between what you guys will do. That's your decision. I can't control all that and
40 then the legality of it. There is a distinction between parties. Only parties may call witnesses to testify. The Board and its
41 discretion may call its own witnesses including these people. But they do not have to. If they do, all testimony would be
42 limited to competent material and substantial evidence regardless. Anything beyond that would be ill advised the potential
43 for prejudicial testimony subject to objection and later appeal.
44
45 Beth Bronson: Thank you. I appreciate it and to clarify.
46
47 Leon Meyers:Wanda Richardson signed up to speak. It's not clear whether Wanda Richardson is claiming standing or not.
48 Ms. Richardson here or online?
49
50 Beth Bronson: She's approaching. She's here.
51
52 Leon Meyers: Sorry, Ms. Richardson, come forward, please. Welcome. Could you please tell the Board how you qualify as
53 a witness for standing for this case?
54
12
1 Wanda Richardson: First of all, I did not sign up to speak. I don't know how my name got checked. I'm one of the closest
2 property owners to this proposal. I'm very close and will be very much affected by this proposal. But I am not in standing to
3 offer my opinion.
4
5 Leon Meyers: I understand. Thank you very much.
6
7 Leon Meyers:Jessica King. Is Jessica King in the room or online? Amanda Godwin. Tell the Board, please, how you
8 believe you qualify as a witness for standing in this case?
9
10 Amanda Godwin: Well, obviously being a property owner within 500 feet of the field is not relevant and I am a driver of the
11 area for the last 37 years. I've actually been a licensed driver for 36 years so I'm very familiar with the road conditions. But
12 as far as professional, I do work for a CPA. I have been involved with forensic accounting and just because of my skills in
13 research and dissecting returns and financial information to get out what's relevant and what's not my evidence is their
14 evidence. It's the TIA for this project. And I've put together a video because obviously I don't speak well, but I did put a
15 video together again using their evidence and Google to show the deficiencies in this.
16
17 Leon Meyers: Can you please explain how, given the criteria that we've been talking about, how you believe you qualify as
18 a witness with standing in this case?
19
20 Amanda Godwin; I thought I just did. Being the property owner and being very experienced in the area and then my just the
21 skills in research in my professional life.
22
23 Leon Meyers:There were those three paths that we talked about to establish standing as a witness.
24
25 Amanda Godwin: Well, special damages. I do believe that this TIA will oppose or my evidence against the TIA will propose
26 substantial safety hazards, so if you count my person, my car as my property,yes, that will be damaged.
27
28 Leon Meyers:And you're saying you believe that the TIA is evidence that you would suffer a diminution of property value?
29
30 Amanda Godwin: Yes.
31
32 Leon Meyers: Okay. Board members, any other questions for her?
33
34 Adam Beeman: How does being an accountant make you qualified to dissect traffic impact analysis?
35
36 Amanda Godwin: Like I said, it's just my skills in research and in pulling out information where it may not be obvious.
37
38 Beth Bronson: In forensic, can you explain what forensic accounting is, please?
39
40 Amanda Godwin: Well, my part of it because I'm not a CPA myself, I just work for the office is just going through receipt
41 after receipt after receipt and identifying things that may or may not qualify as deductions on a tax return.And we get a lot
42 of people who try to sneak things in that don't qualify. And that's my skill set is pulling out those little sneaky.
43
44 Beth Bronson:Would you say that your applicable skill set in this type of presentation as a witness with standing would be
45 your ability to comb over copious amounts of mundane data and then be able to explain the inconsistencies?
46
47 Amanda Godwin: That's a perfect way of putting it. I like that.
48
49 Beth Bronson: Thank you. No further questions.
50
51 Leon Meyers: Questions for Ms. Godwin? Motion would be in order regarding standing for Ms. Godwin as a witness.
52
53 Beth Bronson: I'll make a motion that Ms. Godwin has standing based on as a person who would suffer special damages
54 as a result of this decision asserting that they have brought a video presentation with evidence to be heard.
55
13
1 Leon Meyers:We're discussing the motion needs to addressing standing and we haven't seen the video. You need to
2 establish standing, I think, on some other basis than the video.
3
4 Beth Bronson: So we would need to see her like we need to be in discovery for us to say that she had the ability to make
5 this presentation?
6
7 Adam Beeman: I would argue you'd have to be a professional engineer to be able to discuss this reasonably with, I can pull
8 out numbers, too, and we can discuss numbers, but I have no understanding what the traffic impact analysis the math and
9 the data behind it. If you're not a professional engineer, I find it hard that you'd understand the math and the data behind
10 the impact analysis. That's my impression, I don't know how you could argue that the engineer was wrong if you're not an
11 engineer.
12
13 Beth Bronson: I don't know that there necessarily, I don't know what is going to be presented. I would just say that based
14 on the presented information this person has standing as a homeowner with the vicinity who believes that they would suffer
15 special damages through their personal property car, home, otherwise. They have an expert knowledge of the area
16 because they have been licensed in this area.
17
18 Jeff Scott:As I've seen in the past is that there's also the allowance for prodding documentation of the impact. I've seen in
19 the past where someone has photos, if they have videos, if they have documentation of,for example, stormwater runoff in
20 the particular area where they might be impacted on their property. That's established standing. In this case it sounds like
21 if there is a video, and it is related to this that is potential for being developing standard. But again, I don't understand if we
22 need to qualify that video before we establish the standing.
23
24 Leon Meyers:Just reminding board members that for the purpose of deciding standing in the particular case of asserting
25 special damages,the witness has to demonstrate with competent material and substantial evidence that there would be a
26 diminution of property as a result of some piece of the project.
27
28 Jeff Scott: So in that instance, do we have to have that evidence before we allow that to proceed, right?
29
30 Leon Meyers:You have to have the evidence of a diminution of property value in order to establish standing for the
31 perspective witness. We have a motion on the table. Do we need to deal with this motion or can we ask a question now?
32
33 Beth Bronson: I will withdraw the motion so we can continue to discuss.
34
35 Nathan Robinson: So are you asking, Jeff, if she has that video? Is that the essence of what you're asking?
36
37 Jeff Scott: Basically,yes. If you're not a professional engineer or a real estate appraisal, you know, obviously an affiliation
38 with CPAs and accounting. But again in my mind, that does not necessarily qualify you to be an expert in traffic patterns or
39 what not. However, if you do have a video and/or potentially if you are a property owner directly adjacent to that property in
40 my mind that could potentially establish standing.
41
42 Leon Meyers:Just a reminder that special damages has to relate to a diminution in property value.You would have to
43 make that connection,too, between the traffic impact, if there is one, and a possible diminution of property value.
44
45 Adam Beeman: If you're going to provide documentation you'd need to have an appraiser or someone that determined that
46 your property value's going to be diminished based on this project. If you don't have that documentation, I kind of see it's
47 going to be difficult to meet Number 2.
48
49 Amanda Godwin: Excuse me, how can you get that documentation before anything's been built?
50
51 Adam Beeman: The drawings have been out,the plan has been out. You could've gone and got an appraiser to look at
52 your property and the potential project and say, based on what's going to happen I feel like your property is going to go
53 down in value. The applicant has provided or will provide testimony of an appraiser that determines that the values aren't
54 going to change well, aren't going to go down.You would have had to have an appraiser give you a report stating that this
55 is what's going to happen to your property. Then you could've came here and said this is what's going to happen to my
14
1 property. It's going down. This is the proof. Then you would have had standing to stand here and discuss it. That's the
2 way I interpret Number 2. The people may interpret differently. I'm just giving my interpretation.
3
4 Amanda Godwin: Well,what is your interpretation of property? Because I'm fearing a car wreck. That's property. I'm
5 fearing loss of life for myself and my ten year old.
6
7 Adam Beeman: But you'd have to be able to prove it.
8
9 Amanda Godwin: I got it on video.
10
11 Adam Beeman: I don't know what,you said you have a video. A video of what? What is the video purporting?
12
13 Amanda Godwin: I have a video that I pulled out pages of this and then I go to Google I demonstrate where this is deficient.
14 It's not even much of me. It's mostly this thing analyzed. Out of curiosity, don't you want to see it?
15
16 Adam Beeman: No, I don't. And to be honest with you it's irrelevant to the matter.
17
18 Amanda Godwin: Of course you don't.
19
20 Adam Beeman: I don't because you have to have the evidence. This meeting isn't about my opinions or my feelings or
21 anything like that.
22
23 Amanda Godwin: They're not an opinion.
24
25 Adam Beeman: It has to be proof.
26
27 Amanda Godwin: And the evidence is already in here.
28
29 Adam Beeman: If you can convince the rest of the Board that you have standing, then by all means. I don't believe you've
30 reached Number 2.
31
32 Amanda Godwin: I can read English. I mean, it's written in English so.
33
34 Leon Meyers: Members of the audience, if you have to speak you're going to have to leave the room. If you have to speak
35 out of turn, you're going to have to leave the room. I'm sorry.
36
37 Jeff Scott:Well, I think,you know,what you're speaking about and I'm probably not using the right terminology for it but
38 burden of proof, burden of evidence,you know, regardless of the fact that,you know, the applicant has more information on
39 their side because they are the applicant,you do have to prove that you same the same types of evidence,the same type
40 of proof in order to establish standing. And I'm probably not articulating that very well. But you know, unfortunately that is
41 how this works.
42
43 Leon Meyers:Any other questions for Ms. Godwin? If not, a motion will be in order to determine standing for Ms. Godwin
44 as a witness.
45
46 Adam Beeman: I make a motion that she does not have standing based on the fact based that she doesn't have the proper
47 documentation from experts.
48
49 Leon Meyers: Second?
50
51 Amanda Godwin: So you don't trust Google?
52
53 Adam Beeman: No.
54
55 Leon Meyers: Motion dies for lack of a second. Any further motion regarding standing for Ms. Godwin as a witness?
15
1
2 Beth Bronson:Again and maybe I'm trying to set more of a precedent for going through this public hearing of standing. Are
3 we going to be hearing from the public now or are we going to be establish standing, hear the applicant's presentation and
4 then welcome the public back up if we have approved their standing?
5
6 Leon Meyers:That's right. We're going to finish going through standings for all of the witnesses who have signed up. Then
7 we're going to ask the applicant to finish the presentation. And then we're going to ask for witnesses to testify at that point,
8 those witnesses who have established standing.
9
10 Beth Bronson:And I want to just confirm that in prior meetings where we had public hearings,we did the standing and the
11 public's questions in one?
12
13 Leon Meyers: Right.
14
15 Beth Bronson: So in that sense, proceeding to view the video would make sense?
16
17 Adam Beeman: If she had standing.
18
19 Leon Meyers:We really aren't talking about directly viewing the video right now. We're talking about whether Ms. Godwin
20 has standing as a witness.
21
22 Beth Bronson:Which is part of the documentation she's provided.
23
24 Adam Beeman: If provided to us prior to so that we could've reviewed it.
25
26 Beth Bronson: That was never explained.
27
28 Leon Meyers: If we have a motion it would be in order now.
29
30 Beth Bronson:Yes, I would make a motion that we hear Ms. Godwin's presentation before establishing standing in the
31 negative. Otherwise, I think we are compelled to find her standing in the affirmative until we see that evidence.
32
33 Leon Meyers:Would I put words in your mouth if I said your motion is to certify standing for Ms. Godwin as a witness?
34
35 Beth Bronson: Correct.
36
37 Leon Meyers: Okay. Is there a second for that motion? Dies for lack of a second. And I don't know where we go from
38 here.
39
40 Nathan Robinson: Repeat what you said. I guess the question is are you claiming that your analysis using Google
41 in your assertion that the traffic impact study is fatally flawed, somehow has economic impact to your property?
42
43 Amanda Godwin: Has impact to my safety and if my property if that gets too busy and I can't leave my neighborhood safely
44 that, nobody's going to want to buy my house if they can't get in or out of my neighborhood.
45
46 Nathan Robinson: So that's your perception of what's going to happen. Do you have documentation of that outside of just
47 your analysis of the traffic study?
48
49 Amanda Godwin: What do you mean?
50
51 Nathan Robinson: I don't know,that's what I'm asking you. What do you have that would convince me other than you feel
52 that there's a safety issue which it could be or it could not be. No one wants anything in their backyard. And so the
53 question is, do you have documentation that this thing is going to actually impact you financially and economically?
54
16
1 Amanda Godwin: It has not been built yet so I cannot, I don't think anybody can. Even an appraiser, if he's going to say,
2 you know, nobody's home is going to be devalued,you can go online and look at,you know, coast to coast lawsuits about
3 pickleball and how nobody wants to buy a house next to a pickleball court even people who play pickleball do not want to
4 buy a house next to a pickleball court. And I don't have to be an expert to be able to read that.
5
6 Jeff Scott: I'm not asking you to be an expert. I'm asking you if you have spoken with any experts or do you have any
7 documentation from anyone else who would substantiate what you're claiming?
8
9 Amanda Godwin: I do not. With the way you worded that, I do not.
10
11 Jeff Scott: Then I guess the other thing is in the applicant's materials which are publicly available,they have completed
12 these traffic analysis patterns,all these studies which again y'all understand are very complex and they're complicated.
13 But, you know, again the burden of proof is to show that your evidence or anybody else's evidence, you know, is different
14 than what they have found professionally or from some sort of evidence standpoint. So that would be my question to you is
15 have you reviewed their findings and how do you disagree with those to establish that standing?
16
17 Amanda Godwin: I can give you an example right now. They have, and I'm sorry I do not speak well. I'm gonna shake.
18
19 Leon Meyers: Ms. Godwin,just a reminder, excuse me for interrupting,just a reminder that your testimony should address
20 specifically how you qualify as a witness with standing.
21
22 Amanda Godwin: I was answering his question. He asked what I had. And I have an example. And it's talking about this
23 signal at 70 and Lawrence Road, 70 alternate and Lawrence Road. And it says it has been identified as a potential
24 improvement at this location recently NCDOT has indicated that the all-way stop is expected to continue to provide for safe
25 operations to meet Orange County LIDO requirements. The traffic signal is shown in the built improvement scenarios;
26 however, it is not anticipated to be installed with this development. So they recognized a need, put a picture of it in their
27 graph with no intentions of it ever being put in. They only put the picture in there to meet the requirements of the UDO.
28
29 Leon Meyers:And do you have evidence that that piece of the traffic impact analysis would have a negative impact on your
30 property value?
31
32 Amanda Godwin: If it makes it difficult for say potential homebuyers to even get to my property they're not going to buy my
33 property.
34
35 Leon Meyers:And do you have evidence to that effect that you can show?
36
37 Amanda Godwin: As a homebuyer, yeah, I know what people look for and what if you can't get to a house to see it to buy it,
38 then you're not going to buy it.
39
40 Jeff Scott: I think,you know,to your point, it's not just an engineer. If it's a real estate appraisal person, a real estate
41 expert. You know, again, I think to some degree that's what you're getting at is,you know, have you consulted with
42 somebody as a professional for them to provide the documentation,you know, to prove that,you know,your property would
43 be negatively affected by the development. And that's what we need.
44
45 Amanda Godwin: I don't need an expert to tell me that.
46
47 Adam Beeman: But that's what we need. That's what we need. We need that in order for you to get standing. So if you
48 don't have that expert testimony then that's the problem.
49
50 Beth Bronson: I disagree with that.
51
52 Amanda Godwin: I am the expert testimony because I am an expert of the area just from experience.
53
54 Leon Meyers:We need a motion so that Board can decide on standing for Ms. Godwin.
55
17
1 Adam Beeman: I motion again to that she does not have standing based on Number 2, and I just would say that without the
2 professional documentation.You, yourself have stated you haven't talked to a real estate agent to see what the impacts
3 might be. So that right there you haven't even taken a step to inquire.
4
5 Amanda Godwin: I didn't know I had to.
6
7 Leon Meyers: Is there a second to the motion to deny?
8
9 Jeff Scott: Second.
10
11 Leon Meyers: Discussion, board members?
12
13 Amanda Godwin: Was it written somewhere that we had to have.
14
15 Adam Beeman: Right in that form right there.
16
17 Beth Bronson:Was every person who signed up to speak provided with the Orange County's Statement of Standing so
18 they were provided this information so that they knew as a lay witness,they knew to refer to the LIDO section that they
19 were affected by?
20
21 Taylor Perschau: Yes, staff did provide that information.
22
23 Beth Bronson: So when you received that, did you fill that out or did you like draft your presentation based on that
24 document?
25
26 Amanda Godwin: I don't know what document she's speaking about. I mean, I signed something to speak.
27
28 Beth Bronson: It is a statement of standing.We are here to establish your standing as a member of the public in this public
29 hearing.
30
31 Amanda Godwin: I understand that.
32
33 Beth Bronson:Yes, and so when you do that there are certain ways, and if you are a homeowner. This is her's provided?
34
35 Leon Meyers: Members of the audience,folks,you're going to have to follow the rules. The board's trying to follow the
36 rules.You're going to have to follow the rules.
37
38 Brian Hill: I was the first name you called and I'm reclaiming my time.
39
40 Leon Meyers:There's a motion on the floor. Board members, I need further discussion on the motion to deny standing.
41
42 Beth Bronson: I just want to point out that this is a person who is living within proximity. They are here to have the Board
43 consider that based on that evidence that they intend to present that the action could result in economic damages such as
44 a decrease in their property value. This action of proposal could create an adverse impact on their property because of—
45
46 Jeff Scott: I understand that. But this is still a quasi-judicial. And we require that evidence to make that decision same way
47 that the applicant has provided that evidence.
48
49 Amanda Godwin: I'd be glad to show you my evidence.
50
51 Jeff Scott: I understand it's frustrating. I see where you're coming. I understand. This is the rules that we have to follow and,
52 you know,that's what they are.
53
18
1 Amanda Godwin: And by the way, the rules that you are stating are different than what UNC Governors rules say so I read
2 that and it did say that homeowners with just experience could speak and don't ask me to find it now I've got it my office but
3 anyway your rules are different than what I read for other.
4
5 Beth Bronson: The rules are not different. The rules are statewide. Establishing standing is at the discretion of the Board of
6 Adjustment that's why we are going through this enormous rigmarole of establishing standing.
7
8 Leon Meyers:Any other discussion on the motion to deny? All in favor please say aye.
9
10 MOTION made by Adam Beeman to deny standing. Seconded by Jeff Scott.
11 VOTE: 4-1 (Beth Bronson opposed)
12
13 Leon Meyers: Chad Pickens.
14
15 Cy Stober: Mr. Chair,just for the record, Mr. Pickens is the online attendee so at your discretion he is present but online.
16
17 Brian Hill: I'll be quick. I just have a quick comment. So we received, based on your last comment and we're a homeowner
18 on Jefferson, second house in off of Jefferson.
19
20 Leon Meyers: Excuse me, Mr. Pickens, if you can hear we're coming to you next. Thank you for your patience. Go ahead,
21 please.
22
23 Brian Hill: So the last comment was that we were provided the documentation requiring Clause 2 when we signed up at the
24 initial scheduled meeting.
25
26 Patrick Mallet: For our audio records, can you just state your name.
27
28 Brian Hill: Brian Hill. If the intention of the Board is to only people to speak if they brought an expert witness, how would that
29 have been acceptable in the first night when we were only notified upon signing up to speak? That's when we received the
30 handout saying we needed to have an expert witness. The only reason we're even in this position is we're now on the third
31 delay because the Board wasn't present three different times. The applicants were given extra time to prepare to have their
32 Board heard or have their witnesses present. Can the public have the same courtesy? Now that we are being denied
33 standing constantly, and I think that's going to be the case for everybody here, I mean, I don't see anybody that's a
34 homeowner that's brought an expert witness at this point, maybe the online people do. Give us the extra time to come
35 back with the witnesses. If that's going to be what we have to require to have standing, give us the same courtesy that the
36 applicant's had.
37
38 Leon Meyers:Thank you, Mr. Hill. Right now the Board is in the process of establishing standing for the folks who signed
39 up on October 18th. And you did sign up. Did, do you want to assert standing?
40
41 Brian Hill: I would like to have the time to provide the expert testimony that I apparently need to have standing based on,
42 you know,what we're hearing from the Board today. Everybody's getting declined. They're saying being a homeowner and
43 having eyes and ears is not qualified. That's fine. If we have to have these things, give us the courtesy that the applicant's
44 had to provide that. Again, had this meeting occurred as scheduled,there's no way we probably would have been
45 prepared because we didn't get notified until signing that document initially.
46
47 Adam Beeman: So you were notified and you signed a document on the first meeting. And here we are on the third one,
48 you had two delays to do something about it based on that piece of paper.
49
50 Brian Hill:This has also been something that's been denied about 15 times at this point.The other question that I would
51 have is based on what council said, if you're going to deny standing to everybody and not listen to standing witness are you
52 going to allow just witness testimony? Is that going to happen? Apparently, that is subject to the Board? Correct?
53 Whether they decide to allow it or not is what I heard you say a minute ago.
54
19
1 Beth Bronson: This is a quasi-judicial hearing. This is not a public hearing for the Planning Board. This is not about us
2 making a recommendation to the Board.This is about interpretation of the Unified Development Ordinance. We are legally
3 obligated.
4
5 Brian Hill: So based, so then I would just say based on that I think it would be fair to give the public, the homeowners a
6 reasonable expectation to come back. I don't think everybody understood, based on what we've seen so far, I understand
7 the clause. I don't think it was understood by the public and it certainly was not clarified at any of the previous meetings
8 that we needed to have expert testimony with us. I think it would be fair to give the public at least one additional meeting to
9 do that.
10
11 Leon Meyers: Understand. You're not asserting standing for yourself?
12
13 Brian Hill: I'm not asserting standing. Not based on this clause and what I'm hearing. I did not bring an expert. I'm a
14 homeowner two doors in on Jefferson, by that you guys have established that's not good enough.
15
16 Beth Bronson: I would like to point out that we are establishing that,we are making those determinations on case by case.
17 Whether we are in the affirmative or the negative of that is the only thing we can do is make a motion to say that this person
18 does or does not have standing based on what we've heard.
19
20 Patrick Mallett: I just want to point out that in your extensive packet on Page 400,there's a copy of the notifications that
21 went out that gave some language about submitting competent, substantial,and material evidence. It's not like this was a
22 new unknown item.
23
24 Beth Bronson:Would we like to move forward to Mr. Pickens?We cannot have the public comment included into the
25 meeting notes. I apologize. I understand how formal and rigid this seems. But we do have to go through these motions
26 and steps. And the act of doing so is for your own protection to ensure that we have established a quasi-judicial judgment
27 based on the applicant's information that they have compiled and presented, based on the public hearing,that was notified
28 to the public however, many times delayed. I understand the frustration on both sides.This is a slightly different thing, 1
29 mean, this is absolutely different than a public hearing in a regular advisory board setting in that the consequence of these
30 determinations do not go to the Commissioners. They are made as an assessment of the development ordinance.And so it
31 behooves us to follow every single step of the way and thank you.
32
33 Leon Meyers: Let's see if we can get through the rest of these standing questions. Mr. Pickens, are you with us on Zoom?
34
35 Chad Pickens: Yes, I am.
36
37 Leon Meyers: Good. Thank you. Could you please tell the Board how you believe you qualify as a witness with standing in
38 this case?
39
40 Chad Pickens: I can,thank you, Chairman Meyers, members of the Board and Mr. Patel who's the IT specialist who
41 established my ability to attend this meeting remotely this evening. This, like many, is my first experience with a quasi-
42 judicial board and Special Use Permit application. We all have gained some understanding. This is very different than a
43 typical County Commissioner's meeting. I do live within 1,000 feet of this project. But I've gained an understanding through
44 materials that have been shared in the prior two meetings and further clarified tonight that I need to show a diminution of
45 my property value.And I don't believe that this project will reduce my property value.As a result, I'll chose not to speak this
46 evening. Thank you.
47
48 Leon Meyers:Thank you very much for that clear and concise statement, Mr. Pickens. And thank you for waiting so long.
49 Mr. McDermott?
50
51 Matt McDermott:Well,this is going well. A simple comment,does the Board mean to tell the public that the interpretation
52 that we're instructed to follow here supersedes promote the public health, safety and general welfare.
53
54 Adam Beeman: It does. It's a legal proceeding. It's not the Planning Board. It's not the Board of County Commissioners.
55
20
1 Leon Meyers: Can you please tell the Board how you believe you qualify as a witness for standing in this case?
2
3 Matt McDermott: I live within 1,000 feet of the property. I'm an advocate or I'm a passionate cyclist. I am concerned about
4 my safety to the extent I wear this dog tag every time I go on NC 10, every time I go on Lawrence Road or any perimeter
5 road. Mr. Beeman, if I may,you were present during the Planning Board meeting at which time.
6
7 Leon Meyers: Mr. McDermott, right now the discussion is about how you may qualify as a witness with standing in this
8 hearing. If you could please limit your remarks to that topic at this point, I'd appreciate it.
9
10 Matt McDermott: My concern is my personal safety and wellbeing. My question is,you met Mark Zach. Mark Zach lost an
11 arm in a traffic accident on NC 10. 1 was the first to that scene. This is why I wear this tag. Nobody know who Mark Zach
12 was. Do I have to have diminished property value to lose an arm like Mark Zach. Something is sideways here.
13
14 Beth Bronson:Would you please repeat the first thing you said about promoting safety, public health and wellness?
15
16 Matt McDermott: I mean, the general statute says that underlying premise promote the public health, safety and general
17 welfare. And how can that be superseded by what we're talking about here?
18
19 Beth Bronson:And then you're saying that as a homeowner within 1,000 feet, as a user of the public roads, as a
20 community member, or part of a cycling.
21
22 Matt McDermott:As 500 members of the Carolina Tarwheels that use the very same roads. Who issued a petition at a prior
23 stage in this rezoning process expressed the very same concerns. This seems to be a tradeoff for who do we decide gets
24 to use recreational facilities or the infrastructure to use for recreational purposes?
25
26 Leon Meyers:What the Board needs to hear now is evidence that you qualify as a witness with standing to testify in this
27 case. Can you please give us the evidence that that's the case?
28
29 Matt McDermott: I know what the answer is. I think personally I'm not an expert in case law. I don't profess to be. I think
30 that this interpretation is being narrowly provided. Do I have factual evidence? Do I have an attorney next to me saying 1
31 think you all are kind of not considering maybe all of the appropriate case law. I could be wrong.
32
33 Nathan Robinson: So what are the damages that you're alleging?
34
35 Matt McDermott: I'm alleging the probability of those damages happening has gone up significantly by increased traffic
36 volumes going to and from this site. It's a probability statement. It is not proved damages until I resign then yeah,those
37 are real damages to property. What's more personal than your own health and wellbeing? And the ability to remain on this
38 earth and breathe air and enjoy it. You know, something's sideways here.
39
40 Leon Meyers:All right. Do you have any other, do you wish to claim.
41
42 Matt McDermott: I know what the answer is. I know what you're getting at. I know what you're going to say. I don't know
43 what else to say.
44
45 Beth Bronson: I would like to make a motion that this person has standing and should be allowed to speak during the public
46 hearing.
47
48 Leon Meyers:The motion, is there a second? Motion dies for lack of a second.
49
50 Adam Beeman: I make a motion denying based on Number 2, he hasn't provided proof of the diminution of his property.
51
52 Leon Meyers: It's a motion. Is there a second?
53
54 Jeff Scott: Second.
55
21
1 Leon Meyers:Any discussion? All in favor of the motion to deny?
2
3 Nathan Robinson: If I can say one thing, you know, as I read through the case law, it is, it says the allegation the action
4 would diminish the property value is not necessary but is the damage as most frequently alleged. So damages can include
5 more than just your property. However, they have to be demonstrated and proven. The last witness spoke about
6 probability. I have a physics degree. I can throw probabilities and percentages out there anytime I want to prove anything.
7 It doesn't mean anything unless there's something documented. So in the absence of documentation, I would follow along
8 with,you know, I would follow along with the motion that's on the table.
9
10 Leon Meyers:Any other discussion on the motion to deny. All in favor, please say aye.
11
12 MOTION made by Nathan Robinson to deny standing. Seconded by Adam Beeman.
13 VOTE: Unanimous
14
15 Leon Meyers:The next speaker is June Minton?Could you please tell the Board how you believe you qualify as a witness
16 with standing in this case?
17
18 June Minton:Well,we'll see. My name's June Minton. I am a licensed real estate broker by the State of North Carolina. I'm
19 also a member of the National Association of Realtors,and I'm a member of the local Board of Realtors. I have been a real
20 estate broker in this area for 28 years. So as far as standing goes from what I have read, and I know a lot of people have
21 brought it up in the statutes that anyone with expertise in an area does have standing. I have expertise in the area for
22 which this whole surrounding area is in establishing character of an area that's what a real estate broker does in their
23 profession. In fact,whenever a buyer of land or lots or anything else comes into an area they contact a real estate broker
24 because they want to know what the character of an area is,what the location of an area is and I definitely have extensive
25 knowledge and expertise in character of surrounding areas. I believe that that does qualify me to have standing.
26
27 Adam Beeman:You a property owner?
28
29 June Minton: I don't have to be a property owner.
30
31 Adam Beeman: I just asked the question. That's what I was asking. Are you a property owner around that property?
32
33 June Minton: I'm sorry,what?
34
35 Adam Beeman:Are you a property owner that abuts that property?
36
37 June Minton: No, but that is not a requirement.
38
39 Adam Beeman: Thank you. I simply asked the question.
40
41 June Minton: That's not a requirement for standing from what I understand the law, case law.
42
43 Beth Bronson:You're both correct.
44
45 June Minton:And I've talked to other attorneys.
46
47 Leon Meyers:Any other questions for Ms. Minton?
48
49 Nathan Robinson: Did you review the report that the Kirkland Appraisals put together?
50
51 June Minton: The what?
52
53 Nathan Robinson:As part of the application package,there was a report that Kirkland Appraisals put together.
54
55 June Minton: No, I did not. And that's irrelevant in this case because.
22
1
2 Nathan Robinson: It's irrelevant,what do you mean?
3
4 June Minton: Meaning one of the standards that has to be met and proved by the applicant is that the character is in
5 harmony with this development. Character has nothing to do with values of property.
6
7 Nathan Robinson:Well, I think it's related.
8
9 June Minton: It can be but not necessarily.
10
11 Nathan Robinson: Character has something to do with it. You said it has nothing to do with it. And it has something to do
12 with it. I'm not a real estate agent. But character has something to do with value of property.
13
14 June Minton:Well,that can't necessarily be proved until after the fact when something goes in.
15
16 Nathan Robinson: Did you review this or no? Did you review the,the Kirkland Appraisals'report?
17
18 June Minton: No, I didn't know it was available. The last time I looked it wasn't on the application.
19
20 Nathan Robinson: It's a part of the whole package.
21
22 June Minton:And what does that have to do with it anyway?
23
24 Nathan Robinson: Because you're stating as a real estate agent that their appraisals are going to be affected.
25
26 June Minton: No, I didn't say the appraisals are going to be affected. No. I'm talking about character. I have standing
27 expertise in evaluating character. All real estate brokers do if they.
28
29 Nathan Robinson:What is the damages?You're saying the appraisals won't be impacted. So what are the damages that
30 you're speaking toward?
31
32 June Minton: One of the standards that has to be proven by this applicant, there's four categories,and one of them that has
33 to be proven is that character of the existing properties will be harmonistic with the development. And that's one of the
34 County Commissioner's comprehensive plans statements for land use which also has to be followed by governing boards.
35 In the statutes, it's one of the compliance factors.
36
37 Leon Meyers: So what we need to discuss now is how you qualify as a witness who has standing to testify in this case. If
38 you believe you qualify and as someone with special damages, is that correct?
39
40 June Minton: No. I don't have special damages myself.
41
42 Leon Meyers:And do you qualify as an owner, do you have an ownership in the property?
43
44 June Minton: I qualify as an expert witness to establish the character of the existing property does not match this
45 development proposal. The applicant has said it has. And I have evidence to say that it is not. And pictures.
46
47 Leon Meyers:Any other questions for Ms. Minton? If not, a motion would be in order to establish standing or deny.
48
49 Adam Beeman: I motion that we deny because she doesn't have standing. She hasn't established standing. There's no
50 damages.
51
52 Leon Meyers: It's a motion, do I hear a second.
53
54 Beth Bronson: I would have a comment on motion.
55
23
1 Jeff Scott: I'll second.
2
3 Beth Bronson: Okay. So my understanding of this logic that if Ms. Coronado had come up with Ms. Minton in the first place
4 and presented Ms. Minton as her expert witness we would have presumably established standing for that, Ms. Coronado?
5 And now you're saying, if I'm understanding the motion to deny, that this expert witness standing by themselves does not
6 have standing because they are not a homeowner within that 1,000 foot abut.
7
8 Adam Beeman: Because they won't suffer any damages.
9
10 Leon Meyers: I don't think this witness presented herself as an expert in property value.
11
12 Beth Bronson: No. She is a realtor.
13
14 Leon Meyers: Right. In order to claim special damages, prospective witnesses have to demonstrate that they would suffer a
15 diminution in property value. And it would require an expert or a competent, material and substantial evidence to
16 demonstrate that. Okay. Any other discussion on the motion to deny? All in favor, please say aye.
17
18 MOTION made by Nathan Robinson to deny standing. Seconded by Adam Beeman.
19 VOTE: 4-1 (Beth Bronson opposed)
20
21 Beth Bronson: I oppose on the finding that this is not something that is setting very good precedent for the public hearings
22 in the restrictions that we are placing on the public and not being upfront about those restrictions since October 18. If we
23 had proceeded to establish standing or if we had proceeded to move forward,something would have happened where this
24 would've come up earlier. And so in good conscious, I cannot even though I think it's proven that standing does not exist
25 unless you have a concrete evidence to present to the Board, that is proven for the diminution of property, I think that the
26 determination of standing is a judgment call by the Board and not a,this is a,we are not breaking the law by saying that
27 somebody who doesn't have an expert with them doesn't have standing.
28
29 Jeff Scott: I would say that when we make this decision,when it happens, regardless of which direction, it is legally binding,
30 1 believe, in which case the applicant or whoever has damages and interest in this case can then appeal to, I believe the
31 state supreme court, right? Superior court. So in that sense, it is very much legal. So we have a very strong vested
32 interest in making sure that we follow all these guidelines and rules regardless of how we feel about them because
33 ultimately we are bound by, you know,the legal process of this so.
34
35 Nathan Robinson:Again, I would personally love to hear everyone's opinion. I have no problem sitting here for hour after
36 hour and hour and listen to people's opinion and understanding from their perspective what their community's going to be
37 like. I have no problem with that. I really honestly appreciate the input. However,we're bound by GSI 160.10(D)you know
38 what, it defines who has standing to appeal. This isn't a new issue. This has been around for a while and we have to,
39 either we're following the rules or we're making it up. And I feel like that we're obligated to follow what the rules are
40 regardless of how we feel about it or how much I want to listen to everybody.
41
42 June Minton: I have a quick question because from my understanding from other lawyers is that an expert witness can
43 testify regarding to the standards that have to be met by the applicant. And one of the standards is character. And that's
44 very clear in the applicant process.
45
46 Leon Meyers: Ms. Minton, respectfully,we need to move on.
47
48 June Minton: Oh,fine,fine. I'm just wondering who's interpreting that law here because it's seems a little bit flawed to me.
49
50 Leon Meyers:That's the County Attorney.
51
52 Beth Bronson: I don't think we finished the motion.
53
54 Leon Meyers: I'm sorry.
55
24
1 Beth Bronson:We need to finish the motion to deny.
2
3 Cy Stober: Mr. Chair,we had a vote.
4
5 Beth Bronson:We did?
6
7 Cy Stober: Yes,we did.
8
9 Leon Meyers:All right. Evan Winmore. Is Evan Winmore in the room? All right. That ends the list of folks who signed up
10 to speak on the 18th. And next we'll go back to the applicant's presentation. We are 2 hours in. How about if we take just
11 a 5-minute break. Reconvene at 9:05.
12
13 BOARD OF ADJUSTMENT BREAKS UNTIL 9:05
14
15 Leon Meyers: Mr. Byker, before you resume, I'll just remind you that the Board's policy says the meeting ends at 10:00 this
16 evening unless the Board chooses to extend beyond that time.
17
18 Patrick Byker:We'll go swiftly as possible. We're anticipating about 15 minutes. Our next witness will be Eric Lappala who
19 is a well hydrology expert.
20
21 Eric Lappala: Thank you. Good evening, Board. He's given me special permission because I have to drive home to
22 Southport tonight. My name's Eric Lappala. I'm not with Eagle Water Company. That's one of my other companies. I'm
23 with Eagle Resources which is my consulting engineering company. My qualifications are included in your packet in Exhibit
24 N, I believe. I'm a licensed professional engineer in North Carolina. I'm a certified hydrogeologist with the American
25 Institute of Hydrology. I'm a registered site manager with the North Carolina Department of Environmental Quality. 1
26 founded my company, Eagle Resources, in 2001 after 14 years as a hydrologist with the US Geological Survey working all
27 over the United States and 19 years as the principal hydrogeologist with an international environmental consulting and
28 environmental cleanup company. My experience and expertise are in the assessment and modeling of hydrogeologic
29 conditions and water supplies including water well supplies. And my role on the team is I'm the groundwater consultant
30 that's been asked to render my opinion on the water supply wells that are proposed for the project. I based this review, in
31 addition to my professional experience, on other hydrogeologic studies that I've performed in the last 15 years in the
32 Orange and Chatham County area including Briar Chapel in Chatham County. In addition, I relied on a published report by
33 the U. S. Geological Survey that was performed in conjunction with the county that evaluated about 649 water wells in the
34 county in terms of how deep they were,what their yields were,what their water quality was and so forth. And based upon
35 that study and my assessment of the geologic conditions here, the wells in this area can be completed to provide an
36 adequate water supply for the project. And their depths are probably going to have to be anywhere between 150 to 250
37 feet. There do not appear to be any groundwater quality issues due to the quality of the groundwater at this particular site.
38 In addition, one of the other things I do is I do three initial computer modeling of groundwater systems to evaluate the effect
39 of wells on adjacent properties or wells effect on each other. And so I put one of these together again using information
40 from previous studies I've done in the area and evaluated a couple of hypothetical locations for the wells that are proposed
41 for the site. It's from my understanding that from reviewing the site plan that one well could provide the water supply that's
42 necessary for the project. However, two would probably be better because they would not interfere with each other, and
43 the drawdowns in each of them would be minimized, and any potential draw down at the property boundary would also be
44 minimized. So to evaluate the amount of effect these wells would have on any adjacent properties,we have to figure out
45 how much they're going to pump. And so to come up with that we said you use the requirement for permitting the septic
46 system on the site which is the water use for****septic systems for this kind of a facility are based on 10 gallons per day
47 per parking space. So if we take the number of parking spaces on the plan and multiply it by 10 gallons per day,we ended
48 up with about 7,000 gallons a day that would be needed, excuse me, about 3,000 gallons, I'm sorry, did the math wrong
49 there. If this property were developed with single-family homes without a special-use permit being granted, more water
50 would be required, approximately 5 to 6,000 gallons a day. That's based upon the current state requirements you have to
51 account for 74 gallons per bedroom per property. Assuming three-bedroom homes on the whole thing would be developed,
52 so that would be about 5 to 6,000 gallons that would be required if the site were developed with homes as opposed to this
53 facility. So by looking at the amount of water that would be pumped to provide the water for this project, in my computer
54 model I made an assessment that the impact at the property boundary of water levels due to these pumping, the maximum
55 would be somewhere in the order of a half to an inch. So unless any adjacent water wells on adjacent properties were at
25
1 this property boundary not necessarily on their property boundary, it would be even less. So the effect of this level
2 providing water to this project are going to be minimal on any adjacent properties. And so given that plus the low and
3 intermittent demand to be placed on these wells, they're not going to be pumping 24/7,when the site's being used, it's my
4 professional expert opinion that there's no significant adverse impact on any existing wells in the area. And further, it's my
5 professional opinion that the well locations and their proposed operation to supply the facility will protect groundwater
6 resources in the area. I'd be glad to answer any questions.
7
8 Leon Meyers: Questions for Mr. Lappala?Thank you, sir.
9
10 Beth Bronson: I have a question. Sorry, Mr. Lappala, so you are here representing as a consultant and you did a review of
11 Summit's? Did you, and you,you performed a review of Summit's stormwater impact analysis?
12
13 Eric Lappala: No. I did my own. I did my own independent analysis of the groundwater conditions and the amount of water
14 that would be required to provide this facility. There are two hypothetical well locations on the site plan. It's my
15 understanding those are hypothetical because that may change. But based upon those two locations, I did my assessment
16 basically assuming that that's where they would be.
17
18 Beth Bronson:And neither of them were located within Lot A,that is correct? Neither of those well locations are located
19 within Lot A? The lot that's not being considered?
20
21 Eric Lappala: No.
22
23 Beth Bronson: Both of those well locations are.
24
25 Eric Lappala: Correct. One is up in the corner of the parking lot for the tennis courts and pickleball courts and the other was
26 down in the corner around the ball fields.
27
28 Beth Bronson: Okay.And the subjects kind of split off. And it's broken up into like three different fields,correct?
29
30 Eric Lappala: Yes. But that well would supply all the ball fields,that's my understanding. Now,that's a design,that's
31 whoever's doing the hydrologic design for the projects they're going to have to figure out the most efficient way to deliver
32 water with whatever wells they have out there.
33
34 Beth Bronson:And would that change that 10 gallons per parking space if there were facilities such as showers or a
35 sauna?
36
37 Eric Lappala: No. The 10 gallons per parking space is what the Department of Health and Human Services says for these
38 kind of facilities,that's the way you account for it. If it's a house, it's either right now it's 74 gallons per bedroom per day,
39 assuming three bedrooms per day,that's how you do that calculation. They have for different uses, restaurants and
40 facilities and so forth,they have different guidelines to how you have to size your septic system and your sewer system.
41 And so since we provide the water to those, we use that to figure out how much water they're going to have to pump.
42
43 Beth Bronson: Certainly. I'm thinking of just these types of facilities are just a sink and a bathroom. Usually just restrooms.
44 But if there were to be a full shower, sauna or some and the sprinkler system.
45
46 Eric Lappala: It's my understanding that that 10 gallons per parking space per day accounts for that.
47
48 Beth Bronson: It counts for all of that?
49
50 Eric Lappala: Yes.Any more questions? Thank you for your time.
51
52 Jeff Scott: Can I ask one more question. I did want to ask a question, since you're the expert with wells and what not with
53 that, based on the size of this development, and I'm assuming that the surrounding residential properties all rely on well
54 service for their residential use. And again, you can correct me if I'm wrong, but is there any impact to the underlying
55 aquifer,you know,within that area based on the size and the intensity of this property to surrounding properties?
26
1 Eric Lappala: That's the purpose of the modeling analysis I did was to demonstrate that that's not the case.There's not
2 really an aquifer underneath this. What this site is underlain by bedrock which weathers gradually up until you basically get
3 the clay rich soils at the top. And so you have this material and the rock is actually fractured. There's a lot of the water
4 supply wells in these kind of geologic environments, including this neighborhood,the private water supply wells get their
5 water out of the fractures. So that's why the wells have to go so deep. The weathering zone is only about 30 to 50 feet
6 deep. And the water in the shallow zone is just not very reliable. So that's why all the water supply wells typically go deep.
7
8 Beth Bronson:And you're professional recommendation with this would be deeper well?
9
10 Eric Lappala: Oh yes. They're going to have
11
12 Beth Bronson: At 300 plus?
13
14 Eric Lappala: Yes, in order to get the yield they need to supply the water demand you're going to have to go somewhere,
15 again based off on this study that the USGS did of the whole county and similar studies that I've done in Orange County
16 and in Chatham County and so forth, the wells are going to have to be anywhere from 200 to perhaps 300 feet deep to get
17 intercept enough fractures to get the water supply.
18
19 Beth Bronson:And considering that most of these single-family homes surrounding it probably on average do or do not
20 have that same type of well?
21
22 Eric Lappala: If they have a well it's to get the yield that they need for a two-bedroom house,they're going to have to have
23 that. You need somewhere between, to supply a single family home you need somewhere between, it's not very much, 1
24 to 4 gallons a minute out of the well. But again a lot of homes don't have a storage facility so you're waiting for the,you
25 turn on the faucet,the pump has to go into the pressure tank to give you the pressure in your house.
26
27 Beth Bronson: That's why you have the pressure tank?
28
29 Eric Lappala: Right. Pressure tank provides you the pressures so you can take a shower.
30
31 Beth Bronson: And of that first couple hundred gallons that the rest of it being down there?
32
33 Eric Lappala: Yes.
34
35 Beth Bronson: I'm just trying to understand the average age of these homes surrounding it are not necessarily up to date
36 with the well depth technology. When these houses were built,these houses were built in the 70s. These homes were
37 built in the 70s. And if they're well, you were saying something about it was at 30 feet, right? So anywhere from 30 feet to
38 300 feet you could achieve a well depth?
39
40 Eric Lappala: Well, I did not do an inventory of the houses in the neighborhood that have wells. I wouldn't know that
41 answer. It's that, if somebody wants to find that out you can do that. The homeowners would have to agree. The well
42 driller typically puts a tag on the well when he installs it that says who he was and how deep it was,when he drilled it.
43 Whether, the other thing in this fractured rock aquifer like we have here,you only put casing down to where this weather
44 material is so it doesn't cave in the hole. But anything under it is an open hole. So you don't put a typical well screen and
45 sand pack and so forth to complete a well in these kind of environments. It's basically surface casting that's cemented off
46 to protect the well from any surface pollution.And then it's an open hole over that.
47
48 Beth Bronson: Okay. And again, I'm trying to understand that proportion of water usage at the depth what kind of effect
49 that might have on somebody who has,on shower or wells in the surrounding area.
50
51 Eric Lappala: The effect, the radius of influence of these wells is typically, there's a reason there's a 100-foot buffer around
52 water wells. Public water supply wells. In general,that's the area from which that well receives recharge from rainfall to
53 replenish it. It's also a reasonably good guide as to how far,when that well is pumping, it's going to affect things. They're
54 kind of apples and oranges. So the radius of influence of these wells pumping anywhere from between 1 to 4 gallons a
55 minute, not 24/7 but enough to provide enough water supply when it's needed, is somewhere maximum maybe going to be
27
1 100 to 200 feet. And so that's why we did the model. That's what this computer model I put together does. It figures out
2 what that distance is. In addition,we also put recharge from rainfall on there and stuff that the plants use that doesn't get
3 recharged to aquifer. So that's in the model,too. So it's a complete it's a complete hydrologic cycle model that says the
4 rainfall in,evaporate transformation out by plants and evaporation from soil. Whatever's leftover goes and recharges the
5 aquifer. You put a well in to pump it out and where does that effect things?
6
7 Leon Meyers:Anything else for Mr. Lappala?
8
9 Jeff Scott: One other question and maybe this is also a question, I don't know if we can have the county respond to this
10 one,you're talking about you've done the three modeling underground. You know again, in your expert opinion, do you
11 know the amount of water that will be needed to fund all the activities on this site will be met based on your modeling?
12 Now, hypothetically, if we were to go out there and this was to be approved at some point, you know, either way is you will
13 then have to do the well drilling. If that does not meet, I guess, county standards for that type and intensity of development,
14 1 guess I'm ask, I guess my question would be is the county has standards for the use of water on these things since you're
15 not relying upon the town for sewer and water. I guess, maybe that's a question, I don't know if the county can answer in
16 this hearing.
17
18 Eric Lappala: The county has a well permitting system. And they actually set the standards for what water wells, how
19 they're drilled, how they're completed and how they're protected. So in any well that's put in in the county,the well driller
20 has to register that well not only with the county but with the state of North Carolina. So there's a record of how it was
21 instructed, they do a test pumping of it to see how much water will come out of it. What I put in my model was assuming
22 that somebody can put a well in there and get the yield they need to provide the project. Based on these other studies, 1
23 think they can. But in terms of an individual well is my moniker is you don't know what's down there until you put the hole in
24 the ground. And so the driller will have to do the proper tests and register that information with both the county and the
25 state. And then since it's going to be used as a public water supply, they're also going to have to take water samples and
26 demonstrate that the water quality is acceptable.
27
28 Cy Stober: From the county perspective,the Director of Environmental Health,Victoria Hudson, is with us this evening as is
29 Thomas Privott and can answer any questions regarding the county's well permitting system program, if you have any.
30 And they are sworn.
31
32 Jeff Scott: You know, in your opinion, I don't know if you can give your opinion in these, but, assuming that they went out
33 there and they did the wells and everything came back, let's say hypothetically they came back and there was not enough
34 yield or the correct terminology, I don't know what that would be, essentially, I don't want to get into conjecture because we
35 can't do that here. I don't know if I'm answering or I'm responding to this properly. But I'm trying to kind of figure out and
36 articulate a way to kind of say that, you know,the applicant would have to go through all the typical processes for the
37 county and would have to demonstrate if this project move forward that there are standards for this, I guess that's my
38 question.
39
40 Eric Lappala: My recommendation would be that the applicant invest a little bit of time and money to have a well driller out
41 and go out there and put a test well in. Because to answer your question, is there going to be enough water on the site to
42 meet that demand, that is your question, correct?
43
44 Jeff Scott: It was my question and that's the burden of the applicant to go through all this work and if for whatever reason
45 there was not the appropriate yield for the water they needed for the size of their project they would have to then reassess
46 their application or their project.
47
48 Eric Lappala: They'd have to come up with another water supply.
49
50 Jeff Scott: Exactly.
51
52 Eric Lappala: Right.
53
54 Leon Meyers:Anything else for Mr. Lappala? Thank you,sir.
55
28
1 Lyle Overcash: Good evening. My name is Lyle Overcash. I'm with Kimley Horn and Associates,421 Fayetteville Street in
2 Raleigh,27601. 1 think Attachment 10 or one of the exhibits has my resume included. I've been employed at Kimley Horn
3 for about 3 years. And I've been a traffic engineer for about 30 years. I hold a Bachelor of Science from NC State
4 University from 1993 with specialty in transportation. I'm a member of the Institute of Transportation Engineers and I'm a
5 licensed professional engineer in North Carolina and Virginia. My firm prepared the traffic impact analysis, and 1
6 supervised the TIA for the case before the Board tonight. We conducted a traffic study of this project which was completed
7 in July 2023. This study was conducted per the DOT and Orange County LIDO standards contained in Section 6.17 which
8 are based on the typical Institute of Transportation Engineers methods for conducting a traffic study. There's a map from
9 the TIA in front of you that shows the study intersections. They included, I don't think I can point, but they included US 70
10 Alt at Lawrence Road, US 70 Alt at NC 86, US 70 at Lawrence Road, US 70 Alt at US 70 and the two site driveways on
11 Lawrence Road and US 70 Alt. We did not study the intersection of Lawrence Road and Old NC 10 for the following the
12 reasons. This was not one of the intersections that DOT required us to study in connection with the development of this
13 site. This is because we're not expected to have a significant impact on that intersection to warrant including it in the TIA.
14 It is my professional opinion that approximately 15 percent of the traffic from the proposed facilities will utilize the
15 intersection of Lawrence Road and Old NC 10. Regarding traffic generation,the study showed the project has a potential
16 to generate about 2,278 trips per day with about 117 in the AM peak in the morning, and 258 in the afternoon. Let's see.
17 And based on the review of the TIA by the DOT and the county, these are the recommended improvements. Construct a
18 southbound left-turn lane on Lawrence Road with a minimum of 150 feet of storage and transitions per DOT requirements.
19 Construct one ingress and two egress lanes on the site driveway on Lawrence Road. And provide a internal protected
20 ****about 100 feet internally. As we mentioned,the internal street system will be three-lane roads. And then on US 70 Alt
21 at Site Driveway 2 is a full movement driveway with one ingress and two egress lanes. Lastly, I want to point out the TIA
22 projected daily volumes for Lawrence Road and US 70 Alt to be well under capacity after build out of this project. As
23 shown in Table 7.1 in the TIA,future volumes on these adjacent roadways are projected to be in the range of 3 to 7,000
24 vehicles per day while the capacity of these roadways are approximately 13 to 14,000 vehicles per day. In conclusion, it is
25 my professional opinion that a TI was performed in compliance with Section 6.1, 6.17 of the Orange County UDO and it is
26 my professional opinion that the vehicle access to the site and traffic conditions around the site are adequate per the
27 standards of the LIDO in Section 5.3.2 and will maintain public health and safety. It is my professional opinion that the plan
28 before you today provides mitigation for traffic congestion impacts reasonably expected to be generated by the recreational
29 facilities. And it is also my professional opinion that the site has been designed in an appropriate manner to safely
30 accommodate emergency vehicles. I'm available to answer any questions you may have.
31
32 Leon Meyers:This is regarding traffic.
33
34 Nathan Robinson: Mr. Overcash, I'm sure you heard the lady's statement earlier in the evening about that she had a
35 concern on 70. What is the signaling there on 70 where Lawrence Road hits 70?
36
37 Lyle Overcash: I always thought the US 70 Alt and Lawrence Road we did a signal warrant analysis, and it does meet
38 signal warrants. And so therefore we recommended a signal, but in review in the TIA by the DOT, the DOT feels that the
39 all way stop is sufficient.And the increased the average increase and delay that we would experience at the all way stop
40 with the development is about 15 to 30 seconds on average for all the vehicles that enter the all way stop. So they feel like
41 for that little increase in delay that you know,signalization is not warranted, and they're happy with the all way stop
42 operation.
43
44 Nathan Robinson: Do you know what the level of service is that they, do you know what the maximum level of service is
45 that they demand? Is it 30 seconds? I actually don't know.
46
47 Lyle Overcash: In the TIA, the average delay will be around, I think 90 seconds the worst in the build condition. In the
48 morning it was 84 seconds average delay.
49
50 Nathan Robinson:And what is it now?
51
52 Lyle Overcash: In the background condition it would 68. So it would go from about 68 to 84, between background and build.
53
54 Beth Bronson: Is that off of 70 or is that off of Lawrence?
55
29
1 Lyle Overcash: That's Lawrence at US 70 Alt,the all-way stop.
2
3 Beth Bronson: If you're from, if you're on Lawrence.
4
5 Lyle Overcash: That's an average, that's kind of like looking at the intersection.
6
7 Beth Bronson:All four?
8
9 Lyle Overcash:Aggregate of the whole intersection.And then in the afternoon in the background it's 43 seconds average
10 and that goes to 70.
11
12 Leon Meyers:You said 70?
13
14 Lyle Overcash: 70. Yes,43 to 70, yeah. You're looking at about 15 to 30 seconds more delay there on average.
15
16 Leon Meyers:Any questions?
17
18 Beth Bronson:Yeah, I just want to make sure I'm clear, I'm understanding this is that while your TIA may recommend a
19 signal, the DOT does not require it? And so therefore it is no longer on this site? But there's not any consideration for the
20 SUP?
21
22 Lyle Overcash: They own the roads so we can't construct it.
23
24 Nathan Robinson: So you recommended a signal.You said that, right?
25
26 Lyle Overcash: We identified a signal would help the local service.
27
28 Nathan Robinson: Could you identify any traffic, I can't,what page are you,what page of the packet is this one? I'm trying
29 to scroll through 500 pages?
30
31 Taylor Perschau:We have level of service summary Page 36. It's the number 36, but it's Page 38 of the PDF.
32
33 Nathan Robinson: Do we have authority as the Board of Adjustment to assign additional conditions to the approval?
34
35 James Bryan: Conditions have to be relevant to a particular standard and have to be a condition so that the proposed use
36 meets that standard.
37
38 Leon Meyers:Just to be sure I understand, is it within the Board's authority to require improvements that would achieve a
39 level of service beyond LIDO standard?
40
41 James Bryan: No.All the standards must be at those in the Unified Development Ordinance for this particular line use.
42
43 Beth Bronson: Can you please comment on the crash data? The number of rear ends I saw was significantly higher than
44 anything else. Can you explain that a little bit? Is that for an average of the entire area or is that an intersection?
45
46 Lyle Overcash: We pulled the accident data of all the study intersections. Let me go back up. Yes. And two of the study
47 intersections, the worst one is US 70 at US 70 bypass where it comes together.And it's mainly the folks that take a left off
48 of US 70 and Palmers Grove. And those are the worst accidents that we kind of observed in the study area. Those are
49 kind of bad angles. We call them A crashes. You know,with our development,the way we're situated,we don't contribute
50 any volume to someone that would, no one from our site would go to that intersection and take a left. They're going to seek
51 the other path. You're not going to travel down this way and take a left and go back up. You would end up just going up
52 this side here.
53
54 Beth Bronson: But if you're leaving,there's a right-hand turn lane now in the site plan to go that way to that intersection.
55 Obviously, I'm not thinking that they contribute to that crash.
30
1
2 Lyle Overcash: Is that a left and right turn lane coming out,yes.
3
4 Beth Bronson: So whatever level of service it would be at having these average of 3,000 per day? You said 3 to 7,000?
5
6 Lyle Overcash: On the routes around the study between Lawrence Road and 70 Alt about 3,000. The ADTs range
7 between 3 and 7,000.
8
9 Beth Bronson: Okay. And that's with the proposed development.
10
11 Lyle Overcash: With the development,yes.While the capacities are about 13 to 14,000.
12
13 Beth Bronson: The capacity currently?
14
15 Lyle Overcash: Service D capacities of the roadway are about 13 to 14,000. We're less than half of that.
16
17 Beth Bronson: Less than half and that's at that all way stop?
18
19 Lyle Overcash: That's the segmental level of service. That's the segmental, not at the all-way stop.The intersection
20 analysis studies the all way stop. But when we're looking at roadways in general,the capacity of a two-lane roadway in this
21 area is 13 to 14,000 for these two facilities.
22
23 Adam Beeman: I'm looking at the table level of service summary and it says build-out 2025 traffic and then build-out 2025
24 traffic improved. What is the improvement because that level of service changes quite a bit. Can you elaborate on that
25 because?
26
27 Lyle Overcash: That's the one we modeled as a traffic signal.
28
29 Adam Beeman: So that's the one, so with the signal,we'd go from pretty much Fs to a B and a C? But the state is saying
30 we don't want it?
31
32 Lyle Overcash: Correct.
33
34 Adam Beeman:What would be the ramifications if we get there and this place is built out and the traffic is like F plus and
35 we really need that signal and the state says well,we really need that signal. Is it going to be on the state then or would
36 they look at you guys and say because they said we don't need it now then it's not a problem. I'm just thinking in the future
37 how we get that signal put it because it's going to have to, it's going to happen. We know that the traffic's going to continue
38 to climb. I'm just curious to know if that's something that you guys are on the hook for because you said so or because the
39 DOT said no then it's the DOT's problem in the future?
40
41 Lyle Overcash: It would be DOT's responsibility.
42
43 Adam Beeman: Okay. Thank you.
44
45 Leon Meyers:Any other questions?
46
47 Nathan Robinson:You said you did not go all the way up to 70? You didn't model at 70, not 70A you didn't model at 70?
48 So if you carry on Lawrence, Lawrence Road connects to 70, doesn't it?
49
50 Lyle Overcash: It intersects US 70, yes.
51
52 Beth Bronson: Twice.
53
54 Lyle Overcash: This top blue circle is the 70 and Lawrence Road.
55
31
1 Nathan Robinson: Okay. I'm looking for it on the, I don't see a 70. Oh, US 70,the third line down.
2
3 Lyle Overcash: Yeah, it would, it was operating at level service D. Existing all the way through build.
4
5 Leon Meyers:Any other questions?
6
7 Beth Bronson: If a traffic impact analysis was done in 2025,this would be the hypothetical level of service that they would
8 be at? Not accounting for, all else equal?
9
10 Lyle Overcash: We assume the 1/2 percent background growth rate and then the, you know, developmental traffic.
11
12 Beth Bronson: So you anticipate a 1/2 percent growth rate in this area?
13
14 Lyle Overcash: Yes.
15
16 Beth Bronson:With the report obviously you have to use certain variables in technical.
17
18 Lyle Overcash: Right.
19
20 Beth Bronson: I just want to make sure.
21
22 Lyle Overcash: That's what was agreed upon during the scoping with the county and the DOT.
23
24 Beth Bronson:Absolutely. Thank you.
25
26 Leon Meyers:Anything else for Mr. Overcash?
27
28 Nathan Robinson:And so I'm just trying to, on NC 10, am I missing that somewhere?
29
30 Beth Bronson: It's not included in the analysis.
31
32 Nathan Robinson:And tell me why you thought that no one was going to go down that way?
33
34 Lyle Overcash: We have about 15 percent of our traffic will go down to that which would be about 20 to 40 cars in the peak
35 hour, and therefore it was not a significant impact.
36
37 Leon Meyers:Any other questions for Mr. Overcast? Thank you, sir.
38
39 Nathan Robinson:Yeah, I just think a lot more people are going to go on NC 10. 1 don't know, I, it's your program. I don't
40 know how only 15 percent of the cars are going to,that goes to Walmart. So there'd be a lot more than 15 percent of cars
41 go down that way, I'm sure.
42
43 Lyle Overcash: During the scoping of the document,the county had input, DOT had input on distribution.
44
45 Cy Stober: Just to provide context and to follow Mr. Overcash's comment,the scoping documents that set the intersections
46 of evaluation were agreed to by the county and NCDOT. I regret that our Transportation Director is not present nor is the
47 DOT engineer to comment upon that. But both the county and the DOT signed that scoping document agreeing to the
48 geographic boundaries of the analysis.
49
50 Leon Meyers: It sounds like it. And we don't have any evidence to the contrary so far anyway. Mr. Byker?
51
52 Patrick Byker: In the interest of time,why don't we have our appraiser, Rich Kirkland who's arrived from Carrboro present to
53 the Board. And then we can close. We have a noise expert if there are any questions about noise.
54 Richard Kirkland: Good evening. Rich Kirkland with Kirkland Appraisals. I'm a state certified general appraiser in North
55 Carolina. I've been working here for 27 plus years. I'm licensed in about 14 states overall and I'm also a member of the
32
1 Appraisal Institute with an MAI designation. I'm licensed in 14 states because we do impact analysis all over the place.
2 And I am actually based out of Raleigh, North Carolina, but and I presented before this Board before. And I've actually
3 presented to this Board before about recreation facilities. We've done a lot with that in the past. But looking at this site,
4 you've got a copy of my report, I understand. You can see that we looked at sales data in a number of subdivisions
5 specifically in Cary and Apex. We looked at those and we're finding no impact on adjoining property values. And we
6 focused looking at some of the homes that were really close to the ball fields to really try to look at those data. It is my
7 professional opinion that this project as presented will not have a negative impact on the adjoining property values and in
8 fact, I would specifically talk about the Thomas Brooks Park really fast just because I'm very familiar with that one. 1
9 actually helped in the process of appraising that park when it was first being put in. I appraised the subdivisions that are
10 surrounded for the infrastructure loans. When we did those analysis for the sell out on those,we looked at the park as a
11 premium. That actually encouraged. When we looked at the sell out data,that was supported. Those homes sold faster
12 than the homes nearby that were not near that and in the same price range so again, proximity to these parks, even the
13 homes that back up to the ball fields do typically sell faster and at premiums. I'd be happy to go into greater detail or
14 address things further. But it is my professional opinion this will not have negative impact on adjoining property values and
15 that it's a harmonious use specifically pointing to the fact that those three subdivisions around Thomas Brooks Park were
16 all built after Thomas Brooks Park was put in place.
17
18 Leon Meyers:Thank you. Board members,any questions for Mr. Kirkland?
19
20 Beth Bronson:You're saying that the homes that you've looked at were the ones next to the ball field, is that correct?
21
22 Richard Kirkland: Yes, ma'am.
23
24 Beth Bronson: Okay. And then that is the opposite side of Lawrence Road,correct?
25
26 Richard Kirkland: No, I'm talking about in the paired sales in the actual existing parks that I looked at I looked at those
27 closest to the ball fields.
28
29 Beth Bronson: Closest, thank you.And are you going to be going over your findings of your market analysis for this area
30 that you went over?
31
32 Adam Beeman: He did he said that he didn't see that it wasn't going to affect it negatively.
33
34 Richard Kirkland: Again, maybe I should jump to that. I brushed over it quickly. I can go there and specifically looking at
35 Thomas Brooks Park we looked at three different subdivisions there. And I just pulled out the sales data in general for that
36 development and then looked at specific examples of homes that sold that backed up to the ball fields and compared those
37 to the subdivision, in general. So again we looked at Hilliard Forest which is to the north. That actually subdivision is about
38 the furthest that from the active areas of the park as possible. It just happens to be there. Actually,the reason it's farther
39 from everything else, again because I was involved in it,there was some hazardous material in the soils on the north end of
40 that park which is why it's left vacant. But looking over, you can look over at Toscana which is to the south and that has
41 some of the closest homes. And those homes back up directly up to some soccer fields that are right there. And again
42 those homes are not showing a negative impact. And, in fact, in many of the cases,we're finding the most expensive
43 homes are the ones that are backing up to those fields. And similarly across the street on Bellwood. We did that
44 subdivision as well for the infrastructure, and again,we found that those were selling faster than the subdivisions further
45 from the park.
46
47 Beth Bronson:And do you have an average price point for those houses versus the houses that you were looking at?
48
49 Richard Kirkland: The homes in Bellwood they were ranging from 874,000 to 1.4 million.
50
51 Beth Bronson: Okay.And how does that compare to the homes that are surrounding this applicant's?
52
53 Richard Kirkland: The homes around here are a lot lower price point. In fact,the most likely overtime I would expect that
54 you'll see redevelopment of those homes in that area because they're value as a lot will be higher.
55
33
1 Beth Bronson: Than the value of the home?
2
3 Richard Kirkland: It's going up.
4
5 Beth Bronson:Well, it is going up,yes.
6
7 Richard Kirkland: Well, and that's what happens when you have properties that are in this sort of situation where they're in
8 the 1970s or, again, having grown up in the 70s, I again, I show my age, but again,the homes are getting older. And,you
9 know,the market has changed. You're not going to see more homes built like this directly on the highway like this. In the
10 fullness of time,you know, I would imagine a developer would buy these and reassemble them and do something.
11
12 Beth Bronson:Assuming that a developer was able to buy multiple parcels.
13
14 Richard Kirkland: What happens,and we do this right now. I'm doing this for a speculator right now. They acquire them as
15 they become available. And they just rent out the homes until they finally can put it together. And you'll find that the homes
16 will be selling just fine.
17
18 Beth Bronson:And again, in other neighborhoods of this, more like this character then say a million dollar home in Cary, 1
19 would say that a lot of people in the area are finding profit by revamping their homes that were born in the 60s and 70s
20 rather than tearing them down or letting modern development.
21
22 Richard Kirkland: It depends on, it depends on what you've got,what you're starting point is.
23
24 Beth Bronson:Agreed.
25
26 Richard Kirkland: Yes.
27
28 Beth Bronson: 100 percent. Yeah, I just want to point out the stark difference in the comparison not that it's not comparable
29 in the park setting, in the parks and recreational setting, right. I don't mean to question your expertise there.
30
31 Richard Kirkland: And again back to your point, I mean, redevelopment and keeping the historical character you'll see that
32 a lot especially in, you know, you see that in downtown areas.
33
34 Leon Meyers:Anything else for Mr. Kirkland? Thank you, sir.
35
36 Patrick Byker: Mr. Chairman, Patrick Byker again for the applicant. Rather than go over a detailed summary of the
37 evidence. I know we've got less than 15 minutes left in this meeting unless you choose to extend it. We were respectfully
38 asking for a vote tonight so we will put on the record that we will cut off the lights at 10:00 p.m.for all recreational facilities
39 here. And rather than listen to me give a boring summary of the evidence,we would like to briefly present the
40 presentations of John Pelphrey for Orange County Tennis and then Patrick Cummings for HYAA. Thank you.
41
42 Beth Bronson: Before we begin, do we want to discuss going past 10?
43
44 Leon Meyers:Yeah, let's get this witness done.
45
46 Beth Bronson: There's two more.
47
48 John Pelphrey: Hello. I'm John Pelphrey. I have lived in Orange County since 2004. 1 live at 421 Saint Mary's Road.
49
50 Leon Meyers: Mr. Pelphrey, have you been sworn?
51
52 John Pelphrey:Yes, I was sworn in the meeting prior.
53
54 Leon Meyers: Good. Thank you.
55
34
1 John Pelphrey: I'm a Director of Operations for a small business in the area. But my involvement with the Orange Tennis
2 Club started in 2014. 1 have been a member of the staff of the Orange Tennis Club since 2014. And I have coached and
3 taught tennis to hundreds of people in Orange County from the ages of 5 years old all the way up to people in their 80s. 1
4 enjoy and love the sport of tennis. And I'm here today to speak on behalf of the Orange Tennis Club. I'm their chosen
5 spokesperson. The Orange Tennis Club is a 501(c)(3) non-profit organization. We have been seeking space for our
6 programming to expand our programming over the last decade even before I joined. The club itself was actually formed in
7 2009. We've been operating out of the three courts at Fairview Park. And we are currently over capacity. We have a limit
8 of 12 people per clinic. We run clinics 6 days a week now on those courts. And we are constantly overbooked on those
9 clinics. So we're having to turn people away. We would really love the opportunity to have a permanent home and
10 permanent facility that we can grow and grow into as time goes by. The demand for tennis and pickleball, as you know,
11 has skyrocketed since the pandemic, and it hasn't slowed down. This is not some sort of like peak thing that happened
12 when people were stuck in their homes. We continue to see growth to the extent that we now have over 200 paid
13 memberships with the Orange Tennis Club right now, and again,we're running that on three tennis courts. The role in this
14 project here is that we will be the main user of the indoor recreational facility and the outdoor tennis courts there at the
15 Lawrence Road Project. This facility will contain both hard courts and CaliClay tennis courts. And I want to highlight this
16 for just a minute because we were talking about water use. There's a new technology for clay courts,this CaliClay. And it
17 uses significantly less water between 60 to 90 percent less water depending on the location that it is put in. And we chose
18 it for its efficiency, it's water efficiency, it's lower maintenance cost and the reduced environmental impact. We do not
19 intend to utilize the well water to water these clay courts. We will use the retention pond that you've seen in the drawings to
20 water this. The beauty of the CaliClay for us also is it's a lower maintenance cost. It's actually a little cheaper to install.
21 And it was developed for and climates. It was developed in California for and climates. And we're going to bring that here.
22 The Raleigh Racquet Club in Raleigh has CaliClay tennis courts and the members there love them. So what does this
23 project mean for Orange Tennis Club? Overall,these facilities will allow us to serve more people, more families in Orange
24 County. This will be a privately funded but open to the public on a membership basis or a pay-per-use model. We
25 currently operate out of those courts at Fairview Park and as you may or may not know, those are the only three public
26 tennis courts north of Interstate 40 in Orange County. Currently, also, Hillsborough residents and northern Orange County
27 residents drive to Durham and Chapel Hill to complete league play and tournaments. The new facility will bring some of
28 those residents in to be able to play here locally as opposed to us having to leave to always go out of town to play. I want
29 to briefly discuss this project and its consistency with the goals of the Orange County Comprehensive Plan. Our tennis and
30 pickleball facilities will work towards the comprehensive plan's goals or providing adequate parks and recreational facilities
31 for all citizens within the county regardless of age, gender, race and economic background. Pickleball and tennis courts
32 are recreational facilities that appeal particularly to older residents. However, OTC also serves children through our
33 coaching clinics,therefore,this project will provide recreational opportunities for people of all ages. Additionally, OTC aims
34 to provide our facilities as cheaply as possible to allow residents of all economic backgrounds to participate in our sport.
35 We are a 501(c)(3) non-profit and our charge is to grow the game of tennis, and we do that through being the most
36 affordable tennis option in the area and that's been documented over and over again. And on top of that,we offer
37 scholarships. We have a high school internship program. We build leaders and people that know how to teach as part of
38 that. Finally,just like with the HYA baseball fields, our facilities will allow our participants to build community and participate
39 in physical recreation which supports a healthy lifestyle. For these reasons and more,this project is consistent with the
40 guidance of the Comprehensive Plan and will provide a great public benefit to Orange County. Thank you so much for your
41 time. I'll hand it off to HYA unless you have some questions for me.
42
43 Leon Meyers: Questions for Mr. Pelphrey?
44
45 Beth Bronson: Do you have an annual operating budget available?
46
47 John Pelphrey: I do not have an annual operating budget for the current 501(c)(3)on me at this point.
48
49 Beth Bronson: I don't mean to be inappropriate with the questioning. I guess I'm just wondering, so the Orange Tennis
50 Club is going to be taking ownership after these courts are built or Orange Tennis Club is going to be building these courts?
51
52 John Pelphrey:We will be leasing the land from the developer, and then we will either lease, borrow, or raise funds, a
53 combination of all three of those things in order to build the facility. The facility will be built in phases. We will not be
54 constructing all of it all at once.
55
35
1 Beth Bronson: Okay,and are those phases outlined in the site plan or the narrative?
2
3 John Pelphrey: I don't believe they are.
4
5 Patrick Byker:Vice Chair Bronson, one of our conditions is a vesting of 5 years to allow the non-profit entities to raise the
6 funds, and build the facilities in order to respond to demand. So, it's addressed through one of the conditions on, I believe
7 it's exhibit J.
8
9 Beth Bronson: Exhibit J.Yes,and so I'm just wanting to understand clearly though that construction will proceed if a special
10 use application were to be obtained, construction would proceed unimpeded from a 501(c)(3)'s ability to fund the
11 development of the developer searching out this Special Use Permit.
12
13 Leon Meyers: I don't think I understand your question, Beth.
14
15 John Pelphrey: I was very confused.
16
17 Beth Bronson: I apologize.Yeah, so is the developer going to build these courts regardless of your intentions to lease the
18 land?Which is maybe a question for the developer too.
19
20 John Pelphrey:Yeah,yeah,that's not necessarily a question for me. Our intent is to build these facilities and to raise the
21 funds in order to do that. How we do that is not a question that I believe is before the Board tonight, or something that we
22 have to answer.
23
24 Beth Bronson: Not at all, no,just wanting to understand the process of which construction, and development, and who is
25 involved in the special use as witness or as applicant.
26
27 Leon Meyers:Any other questions for Mr. Pelphrey? Thank you Mr. Pelphrey. Before we proceed, Board members,we're
28 5 minutes'til 10,the pleasure of the Board whether we finish at 10 or extend the meeting.
29
30 Adam Beeman: I make a motion to extend the meeting so that we can get this done.
31
32 Leon Meyers: Okay,would you be willing to include a time certain.
33
34 Adam Beeman: I would, he's been moving quite along for us so I would say I'm willing to give up to an hour.
35
36 Beth Bronson: Until 11:00 p.m.?
37
38 Adam Beeman: I'm willing to go one more hour if it takes that long.
39
40 Leon Meyers: So, motion to extend the end of the meeting to 11:00 if that's required. Do I hear a second?
41
42 Jeff Scott: Second.
43
44 Leon Meyers:Any other discussion on the motion? All in favor, please say aye.
45
46 MOTION made by Adam Beeman to extend the end of the meeting to 11:00 p.m. Seconded by Jeff Scott.
47 VOTE: Unanimous
48
49 Patrick Cummings: Good evening. My name is Patrick Cummings from the Hillsborough Youth Athletic Association. 1
50 presented to many of you in the past so I'll try to keep this brief for this evening, and appreciate you extending the hearing
51 tonight. I always seem to find myself in the last 3 minutes of these hearings. I'm not sure how that works out, but here 1
52 am. I have lived in Hillsborough for 9 years. I have been involved in several community organizations in this area, broader
53 Hillsborough, Orange County area. I'm currently the president of the Hillsborough Youth Athletic Association. I've served
54 past roles as treasure, board member at large, sponsorships coordinator,fundraising, all kinds of stuff. HYAA has been
55 formally incorporated since 1976. There is evidence of organized baseball at the Schley Grange going back to the early
36
1 40's, and rumor of baseball in Hillsborough back to the turn of the century. Our current programs serve children from ages
2 4 to 15. We'll extend that age again in the spring as our charter has increased the age limit to 16 year olds, so we'll actually
3 be able to serve all the kids in the spring. Our current programs include baseball and softball. In 2023,we served 879
4 players, and in addition to that,we had 250 registered volunteers. We are entirely volunteer run, and we governed by an
5 elected board of directors. Our role in the project will be the main user of the baseball and softball fields shown on the site
6 plan at the Lawrence Road Recreational Facility. What this project means for us. This project will allow us to serve more
7 children.We currently have portfolio of fields of which we will be losing half we expect next summer to the Town of
8 Hillsborough's train station development. It will allow us to be schedule existing softball and baseball games. It will give
9 our kids better facilities to play at, and provide them with facilities that are convenient for families living in Hillsborough, and
10 northern Orange County. As I mentioned,we will lose half of our field inventory probably next summer if the train station
11 continues which would be detrimental, and potentially permanently detrimental to HYAA's ability to persist here in Orange
12 County. I'd like to make some comments on our consistency for this project with a comprehensive plan. One of the special
13 use standards from Section 5.3.2(a),the harmony standard requires this land use to be in compliance with the plan for
14 physical development of the county as embodied in the comprehensive plan. I want to briefly elaborate on how this
15 proposed land use is consistent with the Orange County comprehensive plan. Chapter 7 of the comprehensive plan deals
16 exclusively with parks and recreation. One of the plans park recreation goals is to provide adequate parks and recreational
17 facilities for all citizens within Orange County regardless of age, gender, or race. These recreational facilities for HYAA will
18 satisfy this goal by providing baseball and softball facilities for young boys and girls. Additionally, HYAA is an inclusive
19 organization that allows all to participate in our programs. We have never turned away a child who has come to us. We
20 embrace scholarship opportunities through the Orange County Department of Social Services. We have scholarship
21 opportunities through sponsors, and at the end of the day, if a child is not able to secure a scholarship,they simply can
22 register for free. So, in our history,we have not turned away children to participate based on their ability to pay. We are
23 also very active in the community, Christmas parade,volunteer at the exchange club, recently spoke to the Kiwanis club.
24 Our board members and our volunteers are also community members in the broader Hillsborough and Orange County
25 community, so we have a pretty dynamic organization of volunteers. Another goal of the comprehensive plan is to provide
26 the opportunities for health lifestyles, quality of life, and community, building through the provision of variety of affordable
27 recreational facilities, and choice of leisure activities. HYAA fields will give kids in the county a chance to engage in
28 physical activity that will stimulate a healthy lifestyle, allow them to build a community with their teammates. Additionally,
29 as a non-profit,we aim to be as affordable as possible so that kids of all economic backgrounds can participate. No child
30 has ever been turned away from us. For these reasons and more, this project is consistent with the guidance of the
31 comprehensive plan and will provide a great public benefit to Orange County. If you have any questions, I am here to
32 answer them.
33
34 Leon Meyers: Questions for Mr. Cummings?
35
36 Adam Beeman: If these fields are built,what will that do to your inventory? You're still going to be using outside fields
37 also?
38
39 Patrick Cummings: That's correct. Our intention is to utilize these fields. We will also maintain use of the Exchange fields,
40 as well as the Schley Grange fields, and our existing relationship with Orange County for which we pay$10,000.00 a year
41 to use Fairview, Efland Cheeks, and the Cedar Grove fields.
42
43 Beth Bronson: Have you already worked out a lease agreement with the applicant?
44
45 Patrick Cummings: We have generated deal points for a letter of intent for us to lease to purchase, or purchase the land.
46 We feel really good about where we are, and our ability to fund raise. We,without giving too much of the lease financials
47 up,we have a very strong cash position,and feel like the moment that we are granted approval for this project,we will
48 immediately proceed in the construction drawings, and site plan approval with the Orange County,followed by what is a
49 pretty short timeline for construction. Fortunately for us, there's not a lot of buildings to build. It is simply grading, seeding,
50 and fences, and a parking lot,and we can get kids playing baseball and softball pretty quickly. So, our goal is,you know,
51 hopefully to fund raise for the capital construction, but we feel like the price of the land can be absorbed with an increase to
52 the registration costs. Our registration costs at HYAA has historically been$125.00 for a season, and in the 7 years I've
53 been on the board,we've never raised it. There are some leagues in northern Wake County that are$550.00 a season for
54 the same amount of games, and the same amount of practices. So there's significant room in our registration fees to cover
37
1 the capital costs of the land, and then we have soft fundraising efforts that will go hard once we have a Special Use Permit
2 approval to generate the capital costs for the construction.
3
4 Beth Bronson:And it would include the restroom facilities?
5
6 Patrick Cummings: That's correct.
7
8 Beth Bronson: Presumably, and so then as well, the cost of the well?
9
10 Patrick Cummings: That's correct.
11
12 Beth Bronson: Okay.Just wanted to see what the involvement was as far as the intention for investment versus intention to
13 lease from the developer.
14
15 Patrick Cummings: Our intention is to purchase the land outright. We would honestly, HYAA has been party to generous
16 people for the last 80 years, and we want to be party to ourselves, so we want to own this land,we don't want to have to
17 come back before you in my lifetime.
18
19 Nathan Robinson: So your LOI is for exclusive use of the ball fields, and there's 8 of them, is that correct?
20
21 Patrick Cummings: That's the goal, yes.
22
23 Nathan Robinson: Okay, and your intention is to exclusively use them with the intention of maybe buying them someday?
24
25 Patrick Cummings: Well our intention is to buy them if we can immediately.
26
27 Leon Meyers:Anything else for Mr. Cummings? Thank you, sir.
28
29 Patrick Cummings: Thank you for your time.
30
31 Patrick Byker: Mr. Chairman, Madam Vice Chair, again Patrick Byker for the applicant. I realize y'all are well entitled to a
32 few minutes break, but I just want to reiterate that we do have Mr. Tad Hardy who's a noise expert. If the board has any
33 questions about that, I'll be happy to provide a summary of the evidence, and the legal principles if y'all wish to have that.
34 But again, on behalf of the applicant,we respectfully ask for your approval, and our team is happy to answer any more
35 questions that you have. Thank you very much for extending the meeting and listening to our case tonight. Thank you.
36
37 Leon Meyers: Should we take a break now before we go any further?
38
39 Beth Bronson: I mean,we have one more expert. Do we want to listen or no?
40
41 Patrick Byker: Do you want to hear from the noise expert that's, I'll defer to the board due to the lateness of the hour. And
42 he's here to answer any questions.
43
44 Tad Hardy: Finally. Thank y'all. Good evening, my name's Tad Hardy. I'm with Kimley-Horn and Associates. I sit in our
45 Charlotte, North Carolina office, 200 South Tryon, Suite 200. My qualifications are in exhibit M, and since joining Kimley-
46 Horn back in 2012, I've been involved with a multitude of noise studies across the entire country ranging from vehicular
47 traffic noise to residential, industrial, recreational, and various other things. I've got over 10 years experience working in
48 the noise world so. I'm also a professional, or a licensed professional engineer in the state of North and South Carolina.
49 My role on the team was to analyze the anticipated sound levels that would be associated with the project, and that
50 includes the outdoor tennis courts, pickleball courts, and baseball, and softball fields. I did review the proposed project, as
51 well as the applicable Orange County ordinances, and have analyzed data that myself and my team have collected at
52 various similar recreational facilities which I can discuss in more detail in just a sec. A few quick things to note, noise is not
53 the easiest thing to understand. It is law rhythmic in nature so generally when you're near a source, it starts up here, and
54 then degrades over various distances, and the average rule of thumb is every time you double a distance, it goes down
55 about 5 to 6 decibels. So, that being said,within Section 1653 of the Orange County code,for y'all's reference, 60 decibels
38
1 is the daytime limit, 50 is the night time limit. Activity at the proposed facility as you all have heard this evening is generally
2 expected to occur during daytime hours with some bleed over into early nighttime hours. And so with that being said, 1
3 guess we'll look at the, I guess the individual areas that I have, I guess, analyzed. The tennis courts,the closest one, 1
4 believe that was identified on the plan was about 150 feet from the nearest residence, and based on measured data,we
5 were getting equivalent noise levels of approximately 55 to 60 which is generally about what you would expect from a
6 normal conversation. And so based on the measured noise levels, and then reducing them over a distance,we were
7 anticipating having noise levels from tennis activity being in the mid 40's to low 50's a the closest residence which is
8 generally considered comfortable. And so noise levels from that activity is anticipated to remain below the Orange County
9 ordinances,the limits that are set there. And the moving on pickleball,those courts, I believe the closest was 250 feet from
10 the nearest residence which is where the established distance that Mr. Byker had discussed earlier was this,was put on, I
11 guess, into the conditions. Measured noise levels almost immediately adjacent just outside of the play area for pickleball
12 based on the data that we've collected is around 70 to 75, so definitely louder than tennis, but when you look at the
13 distance and where the measurement was taken, and then deduce that over the distance to the closest residence,we end
14 up getting noise levels in and around 50-ish to maybe the mid 50's during active play. And so the noise levels from
15 pickleball activity are generally in compliance with the ordinance as well. Maybe slightly over, and/or near the night time
16 limit, but just based on the time frame in which the activity is going to likely occur at them is not expected to be too far
17 under compliance. When you look at the baseball and softball fields, generally the main source of noise is going to be the
18 crowd, and/or the play in the infield. Based on the available data we have,those levels are usually around 70 or so
19 decibels so, not necessarily the most quiet, but when you look at the distance that you have to go to,the closest residents
20 which is around 250 feet again. As the noise reduces over that distance it ends up being approximately 50-ish decibels
21 again. And so noise levels from the baseball and softball activity are anticipated to remain below the limits that are
22 established in Orange County Code. I was informed that there are no plans to include a PA system at the ball field, so
23 amplified noise is not a concern at this stage. And so while noise from various recreational activities maybe audible, they
24 are anticipated to remain below the noise level limits that are established in Orange County Code. So to conclude in my
25 professional opinion, I believe that the plan will create a development that in normal operation will comply with the noise
26 ordinance and not substantially negatively impact surrounding properties through sound and noise.
27
28 Adam Beeman: That distance from the court to the structure or the court to the property boundary of the adjacent
29 properties?
30
31 Tad Hardy: It was to the closest property boundary.
32
33 Adam Beeman: So you could potentially still be further from that to the structure?
34
35 Tad Hardy:A lot of times you'll hear the closest noise sensitive area of noise,while the outdoor area frequent human use in
36 which noise is received. And so yes,further away and a lot of the other factors that come into play that aren't necessarily
37 part of the calculations that we did include other ambient noise levels from traffic on surrounding roads which y'all are well
38 aware the interstate's nearby, 78th. They're not minor roads in any way shape or form. So you've got other factors that are
39 playing in as well that would likely mask any noise that would be coming from some of these activities areas.
40
41 Adam Beeman:And that's not counting the buffer that's suppose to be there to block it or it is?
42
43 Tad Hardy: It is not.Yeah, there's additional landscaping buffer that's included that'll help visually block a lot of the activity
44 as well as help reduce some of the noise a little bit.
45
46 Leon Meyers:Anything else from Mr. Hardy?
47
48 Beth Bronson: Just consider recording that condition J,which has no pickleball within 250 feet of a residence. Just looking
49 at the site plan, is that just, do you know how many courts that excludes? Because those four that are off to the west of the
50 indoor facility.
51
52 Tad Hardy: The pickleball courts if I recall correctly are going to be the three interior ones on the western part of the
53 northwestern corner of the property if that is correct.
54
55 Will Wirt:We'll work with Summit. The pickleball courts are the four courts that are below the four courts.
39
1 Beth Bronson: The lower courts.
2
3 Will Wirt: That below the north property line.
4
5 Beth Bronson: The lower courts that will be lit versus the top courts that were not lit as far as adjacent.
6
7 Tad Hardy:All the courts are lit, ma'am.
8
9 Beth Bronson: Okay. This site plan says top courts will not be lit; I apologize.
10
11 Will Wirt:Yes,that was an updated to the site plan after one of the delays.
12
13 Taylor Perschau: The packet includes everything that was true for the very first publishing of the packet and then all
14 following revisions did include a separate site plan where lighting was included for all courts.
15
16 Beth Bronson: Okay. I don't understand how I'm missing that for November 15.
17
18 Leon Meyer: I'm looking at an Exhibit J in the current package and I don't see a text amendment regarding that 250 foot.
19
20 Will Wirt: We certainly shared it with Taylor. I apologize, it was an oversight on my part, but it's certainly something along
21 with cutting off the lights at 10:00 that we'll state on the record and can be reflected in the order of this board if we're
22 fortunate enough to receive your approval.
23
24 Leon Meyer: So this added addition is on page 462. Can just point it out to printed version that you submitted it to maybe
25 at the second hearing. It does include the pickleball. Shall not be playing on outdoor courts that are within 250 feet. Can
26 you point out on the map,which pickleball courts then are out of play for night play?
27
28 Will Wirt: These right here.
29
30 Beth Bronson: Those are the ones that will dim.
31
32 Leon Meyer: That's not really night play, it's pickleball period, right? Text memo six says pickleball shall not be played on
33 outdoor courts that are within 250 feet of the property line.
34
35 Will Wirt:Yes sir.
36
37 Leon Meyer:And could you point to those on the map please?
38
39 Will Wirt: These four down here.
40
41 Nathan Robinson: How wide is a typical pickleball court because the property line is like, I see the circle, I see the radius
42 circle on the pickleball courts right there. The radius circle shows 50 feet. How far away are those pickleball courts from
43 the west property line?
44
45 Will Wirt: The courts themselves are to our setback at least 250 feet and that will be a condition in the Exhibit J as it's
46 proposed on the cover sheet I believe as well. And so during construction drawings, they will not be placed within 250 feet
47 of that northern property line.
48
49 Beth Bronson:What about the eastern.
50
51 Will Wirt: The eastern property line is Lawrence Road,that doesn't,that's not contiguous, I'm sorry,western. The western is
52 not contiguous with any residential property, but it's likely a similar distance from those structures across the road, those
53 residential houses across the road.
54
40
1 Beth Bronson: The ones to include your buffer,the landscape buffer,where the courts are,the five-foot ditch or in your
2 case the sidewalk,the road, and then the property is more than 250 feet.
3
4 Will Wirt:Yes ma'am.
5
6 Beth Bronson: Okay. As long as that's an understood condition it expects to meet it.
7
8 Leon Meyer: So the four what appear to be courts on this drawing closest to the north property line, you don't intend to
9 build those courts? I'm asking.
10
11 Patrick Byker: They'll just be tennis courts.
12
13 Leon Meyers: Okay, other questions for Mr. Hardy. Sorry,we got sidetracked on pickleball noise. Thank you Mr. Hardy.
14 Before we close the public hearing, board members have any questions of the applicant or the applicant's witnesses?
15
16 Patrick Byker:We're happy to answer anything.
17
18 Beth Bronson: Did you have something else to add to the closing?
19
20 Patrick Byker: Given the lateness of the hour, I think having me give a summary of the evidence might be a little redundant,
21 sufficient to say you've heard expert witness testimony that provides competent material, substantial evidence for every
22 finding in the UDO in compliance with the comprehensive plan. I do want to emphasis under the North Carolina State Law
23 when a special use is included in the use table within a zoning district as recreational facilities are in the R1 zoning district,
24 that's prima facie harmony with the area. That's state law that states that, has been articulated by our court of appeals
25 since at least 2007, in the case of Habitat for Humanity of Moore County versus Board of Commissioners for the Town of
26 Pinebluff. So our team has provided competent substantial material evidence on the record for every finding that's
27 required. Accordingly,we respectfully ask for your approval tonight and again our team of experts with the exception of
28 Eric is here to answer any questions that may occur to you when you're taking your five to seven minute break.
29
30 Leon Meyers:Any other questions for Mr. Byker? Let's do take a break and I do want to come back to another question
31 before we close up here. So five minutes, 10:31, 1 mean 10:21. Back in session at 10:21.
32
33 BOARD OF ADJUSTMENT BREAKS UNTIL 10:21 P.M
34
35 Beth Bronson: My question for the applicant pertains to the speculative development nature of not having the funding for
36 this Special Use Permit but applying for the permit with such stringent requirements and then the prospect of meeting those
37 within five years versus the normal two years to start for Special Use Permit. I guess my question is what type of
38 safeguards has the applicant. My question would be what type of safeguards has the applicant put in place in in order to
39 ensure that this Special Use Permit will be funded?
40
41 Patrick Byker: Patrick Byker for the applicant. Vice Chair Bronson, I lose sleep over a lot of things, but HYAA and Orange
42 County Tennis coming up with the money to build this project is not one of them. These are community leaders who are
43 well established in Hillsborough, have good access to numerous financial partners. And as you mentioned, your typical
44 Special Use Permit is only two years. So if you don't do anything for two years, it evaporates. We have five years and
45 we're confident that within that five-year timeframe we will be under construction, hopefully well under construction and
46 have successfully implemented most of the facilities that you see on this site plan. Having look through the great
47 recession, I know what can happen. But that's really,that's where we are. We think it's a great project. We have the
48 financial partnerships to move forward and we think with a five year vesting period,we'll be able to make this happen.
49
50 Beth Bronson: I guess I'm just trying to understand what led you to ask for five years versus the standard two years?
51
52 Patrick Byker: Exactly that, exactly that. To be able to reach out and create as many partnerships as possible to do that.
53 And recognize that we live in uncertain times with rising interest rates, but even given those, even giving the uncertainty in
54 the markets right now we're confident that within five years this will be well underway.
55
41
1 Beth Bronson:And Lawrence Road Partners LLC would be considered a partner with HYAA and a partner with OTC
2 separately. I'm not sure about one and two.
3
4 Patrick Byker:Yeah,we're not going anywhere.
5
6 Leon Meyers:Any other questions for Mr. Byker?
7
8 Adam Beeman: I just had one quick question. Each tenant is responsible for constructing their on place. Is Lawrence
9 Road Partners going to construct the main road in or is that part of the two tenants?
10
11 Patrick Byker: My understanding is Lawrence Road will build the infrastructure,the horizontal infrastructure for—when
12 you're talking about ball fields and tennis courts, it's hard to talk about horizontal and vertical, but yeah, Lawrence Road will
13 provide the what we consider the traditional hard infrastructure and that will be reflected in the financial arrangements with
14 HYAA and OTC. I believe the answer to your question is yes and then OTC will build the tennis courts and the associated
15 parking, HYAA will build the fields and the associated parking and related amenities.
16
17 Adam Beeman:Would you have an idea of when that construction may take place or is it going to wait until the other two
18 partners are kind of ready to move and then obviously he's got to put a road in because that's just what happens. Right,
19 going to kind of hang tight until absolutely push comes to shove. Just kind of build the road and wait four years for them to
20 start constructing is I guess my question?
21
22 Patrick Byker:Yeah, no I think you certainly heard Mr. Cummings on behalf of HYAA,we think this is going to move quick. So that
23 happens and obviously the road will have to move quick as well. Jim.
24
25 Patrick Byker: This is Jim Stewart.
26
27 Jim Parker: Jim Parker.
28
29 Patrick Byker: Parker.
30
31 Jim Parker: So these questions, I don't want these to be basis of your decision. I want to be honest. We don't know all those
32 answers at this point and time, but we've made a commitment to these two applicant users that we have here tonight to provide
33 this entitlement for them. However it unfolds for them to own and operate on these parcels of land,that's what we're going to try to
34 make happen. If we end up having to build the roads for them, it will be reflected in the cost of the land. If they choose to build the
35 roads for themselves based on the county's requirements,they will do it that way. There's nothing hidden other than it's going to
36 take them some time to be able to realize this cliche dream as you might say. And we need to give them that time. Two years is
37 just not enough. Five years, definitely think it can happen. But I didn't want Patrick to say something that you heard and hang
38 your hat on it. I don't know yet but we got to get the approval to take the next step. If it takes five years, the lands going to stay
39 there as it is for a while, right?
40
41 Nathan Robinson: I might have missed,you may have said it,what are the UDO traffic standards and does the traffic study, do the
42 results of the traffic study after build out meet UDO standards? Of course, my concern is where we go to F categories and I hate
43 that intersection already so.
44
45 Lyle Overcash: When we say this intersection previously when there was a school, charter school complex on the site, DOT had
46 the same recommendation. This development proposed before you is six percent less than that one. And in that letter, DOT had
47 generally recommended the same thing. It should be noted that anticipated delays are expected to be short lived and limited to
48 operations expected to be significant better during the remainder of the day. DOT prefers all way stops over signals to be honest
49 and they, you and all way stop is one of the safest intersection controls next to a roundabout.
50
51 Beth Bronson: I was going to say except for a roundabout.
52
53 Lyle Overcash: Yeah, roundabouts and all way stops. So they prefer to keep it more delay, more at the intersection. They rather
54 have a little bit more delay as I said, 15 to 30 seconds overall is not a lot and just to keep the predictability of the all way stop.
55
42
1 Nathan Robinson: Then the levels of service meet the UDO or do they not meet he UDO?
2
3 Lyle Overcash: We identified improvement to meet the UDO. We can't force the DOT to allow us to install a traffic signal on their
4 roadway. It's often times we do identify things in traffic space to meet municipal standards but it's ultimately up to the state
5 whether we can and make those improvements.
6
7 Nathan Robinson: Okay, so they don't meet UDO, but the DOT said it was okay. Is that what I just heard?
8
9 Lyle Overcash: The plan meets the UDO standards.
10
11 Nathan Robinson: It meets the LIDO standards, okay.
12
13 Taylor Perschau: I will confirm that it does meet UDO standards. The LIDO outlines at a specific, so this project required a traffic
14 impact analysis because it's assuming a site plan where they estimated traffic generates more than 800 trips a day. The UDO
15 outlines what needs to be included in the process of conducting a traffic impact analysis. In that way it does meet the LIDO.
16 Orange County UDO does not establish acceptable levels of service. We can also not establish what's required outside of our
17 jurisdiction which NC DOT right of way is.
18
19 Cy Stober: To add to Taylor's comment, I would just direct you to attachment five of the technical memorandum from the
20 Transportation Director Nish Trivedi for Orange County.
21
22 Nathan Robinson:What page is that on?
23
24 Taylor Perschau: PDF page 432.
25
26 Cy Stober: That is the formal county position with regard to transportation and traffic compliance.
27
28 Leon Meyers:Anything else for the applicant? Now, before we close the public hearing. I want to be sure that I'm clear on the
29 current conditions. Mr. Byker, may I read my understanding of the conditions that the applicant has proposed in, make sure
30 they're correct. This is from paper document that we received at one of the previous hearings. One, the parcels included in the
31 SUP will be considered a common project of development with a disturbance as being cumulative regardless of the phase. Two,
32 the hours of operations for the outdoor tennis facilities and baseball and softball fields shall be 8:00 am to 10:00 pm.,seven days a
33 week. Three, sidewalks shall be provided along the property street furnished outside of the public right of way. These sidewalks
34 will be privately maintained, public access shall be provided to allow public access to the new sidewalks. Sidewalks internal to the
35 property shall be provided along all internal roads. Five, the vesting period for this development shall be five years. Six, pickleball
36 shall not be played on outdoor courts that are within 250 feet of the property line.
37
38 Patrick Byker:Yeah,why don't we say the north property line.
39
40 Leon Meyers: Of the north property line.
41
42 Patrick Byker: North property line, that would make it clearer. That was the intent. I apologize for the oversight on our part. North
43 property line.
44
45 Leon Meyers:And I believe if I understood you correction, you added a condition seven saying the cutoff time for all lighting across
46 the site will be 10:00 p.m.
47
48 Patrick Byker: 10:00.
49
50 Leon Meyers: Correct?
51
52 Patrick Byker:Yes, sir.
53
54 Leon Meyers: Good. And any other, any further conditions?
55
43
1 Patrick Byker: Unless the board has other ones to suggest,those are ones that we're prepared to agree to.
2
3 Leon Meyers: On the lighting matter where the lighting study shows lighting levels beyond LIDO requirements, is it correct to say
4 that?Okay,then would you be willing to accept the condition that the final design maybe this is the right way to say this, the final
5 design will comply with UDO with respect to offsite lighting?
6
7 Patrick Byker:Yes sir.
8
9 Leon Meyers: Okay. Board members, did anybody have anything that Mr. Byker would need to have some input in before we
10 close the public hearing regarding conditions?
11
12 Beth Bronson: I'm trying to clarify that Buffer Type C, is that a condition or is that a courtesy or?
13
14 Will Wirt:Will Wirt with Summit Design Engineering, Buffer Type C?
15
16 Beth Bronson:Yes.
17
18 Will Wirt:Yeah,so the Buffer Type C is a plan commitment to supplement the existing vegetation within the perimeter buffer
19 around the site. Like all the perimeter buffers that, excuse me,the property line that adjoins residential properties to the north,
20 east, and south, and then along the tennis facilities' property line adjoining Lawrence Road.
21
22 Taylor Perschau: The Type C,what they're offering is a little different than Type C. They're offering the landscaping,just the
23 planting part of it which is in addition to what's required.
24
25 Beth Bronson: So it's going to be a Buffer Type B, but it is a planned commitment to use Type C landscaping?
26
27 Taylor Perschau:Yes,the width is comparable to a Type B, the 30 foot width. Type C,the planting standard intensity of planting is
28 their commitment.
29
30 Beth Bronson: Is going to be Type C.
31
32 Taylor Perschau:Yes.
33
34 Will Wirt:Yeah,the density of the plantings along that buffer.
35
36 Leon Meyers: Is that clear on the site, any note on the site plan for placement Mr. Wirt?
37
38 Will Wirt:1 believe it is on the landscape plan,yes sir.
39
40 Leon Meyers: Could you point that out for us please? I just want to be sure if it needs to be a condition, let's get it in the condition
41 list. If it's not clear in the documents.
42
43 Will Wirt: I can't remember the sheet labels off the top of my head.
44
45 Taylor Perschau: The best way is going to be to pull it up online, but that's going to take a minute because—
46
47 Will Wirt: Okay,so the landscape plan, landscape and tree protection should be C4 in the site plan.
48
49 Beth Bronson: Page 467. 1 believe so. Is this for the revised plan from the 18th?
50
51 Will Wirt: October 18,yes ma'am.
52
53 Beth Bronson: Okay. So you're committing to, it looks like you're committing to option one mixed for Buffer Type C, but with a 30
54 foot instead of 40 foot buffer to the adjoining properties.
55
44
1 Will Wirt: Correct.
2
3 Beth Bronson: Okay. I'm just wanting to point out because the perimeter of the entire property does become quite large over the
4 85 acres, right?
5
6 Will Wirt:Well,this only considers the portions of the lot that are tennis and baseball, yes ma'am.
7
8 Beth Bronson:Yes.And again still that perimeter around Lawrence to 70 and then going north. I'm incline to make the condition
9 that Buffer Type C mixed would need to adhere to the interpretation of the table or we need to state that we're allowing for that.
10
11 Leon Meyers: Question for the staff do you feel that notes on the plan or adequate to describe the intent here?
12
13 Taylor Perschau: I would say yes.
14
15 Leon Meyers: Okay.
16
17 Adam Beeman: The note down here basically says that they'll be determined in quantities and varieties in the next evolution of the
18 process. So it's not something that they've,they've got a note that they're actually worried about it.
19
20 Beth Bronson: It says it's as detailed by the Hillsborough LIDO though.
21
22 Patrick Mallett: There's a specific note on there on the landscape plan that points to and is pretty clear specifically where they're
23 going to provide that buffer.
24
25 Will Wirt:Yeah,so if you see on the,there's a, in the northern residential properties there's a flag lot and there's a note right over
26 top of that flag lot that describes existing trees to be supplemented with Buffer Type C with areas that do not provide opaque
27 screening to be determined in the field at the time of buffer installation.
28
29 Will Wirt: That is a commitment. I mean, it's in writing on the site plan.
30
31 Beth Bronson: I understand that. I'm just trying to clarify its,this one little spot on the inside or the indoor facilities and the tennis
32 courts are versus the perimeter of the property.
33
34 Will Wirt: It's the whole perimeter,yes ma'am.
35
36 Leon Meyers:Anything more for the applicant regarding conditions before we close the public hearing? Staff, anything that the
37 board needs to do before we close the public hearing? Am I missing anything? Good.
38
39 Cy Stober: I would just like to add my appreciation for clarifying the conditions so that we have clear direction on enforcement and
40 implementation of this special use permit should it be approved.
41
42 Leon Meyers: Good. And without objection,the public hearing is closed and the matters before the board. It got mighty quiet.
43
44 Beth Bronson:And as far as the discussion point, anybody else can start.
45
46 Adam Beeman: I mean, I'm inclined to approve so.
47
48 Beth Bronson:You would like to just go straight for a motion.
49
50 Adam Beeman: That's where I'm at.
51
52 Beth Bronson: Okay.
53
54 Adam Beeman: I don't know about anybody else.
55
45
1 Beth Bronson: My only comment to the board members,fellow board members is this vested period of five years versus two years,
2 1 don't doubt their ability to get it done in five years. I just kind of I guess wonder if that is appropriate condition to put in and that
3 it's a variation of what we would require in two years for a project like this.
4
5 Leon Meyers:Well, I don't think there's any question that the board has the authority to approve that vesting.
6
7 Beth Bronson: I guess it's, do we need a point of clarification I guess from counsel? Is that part of this Exhibit J,the conditions of
8 approval? Does vested period of 5 years rather than the standard special use permit timeline?
9
10 James Bryan: I would, partly because of the hour, but I can't even believe that. I just don't know. I would recommend reopening
11 the hearing and asking either staff or the applicant, yeah,staff knows, so.
12
13 Leon Meyers: I probably should ask for a motion to reopen the public hearing.
14
15 Jeff Scott: I make a motion that we reopen the public hearing.
16
17 MOTION made by Jeff Scott. Seconded by Beth Bronson.
18 VOTE: Unanimous
19
20 Leon Meyers: None opposed. Hearing is open, so Beth you have a question for staff.
21
22 Beth Bronson:Yes, board clarification for staff is that is this part of the conditions for this 5-year vested period variance from what
23 would be in a normal Special Use Permit?
24
25 Cy Stober: So in 2.7.13 time limits and extensions, Item E, the applicant may request that the special use permit be vested as a
26 site specific vesting plan in accordance with requirements of Section 2.5.5, and 2.5.5(A)at the option of the applicant as a site plan
27 may be vested for a period of not less than 2, no more than 5 years. Multi-phase developments shall be vested for a period of
28 7 years from the time of site plan or approval is granted for the initial phase of the multi-phase development. Multi-phase
29 developments have some definition in the statute.That I don't know is applicable here, but yes,the 2 to 5-year vesting window is
30 allowed by both our ordinance and state law.
31
32 Leon Meyers:Anything else before we close the public hearing again? All right, public hearing is closed. Any further discussion
33 on the board? I just remind the board that the findings that the staff has prepared begin on Page 449 and following that you find a
34 sample motion for approval or denial.And to just remind Board members again,the process here is we would consider a motion
35 regarding findings on this case, and then a separate motion to grant or deny the special use permit. Motion regarding findings
36 would be in order.
37
38 Adam Beeman: I make a motion to approve the findings of fact by the Orange County Board Adjustment pertaining to a request
39 submitted by Lawrence Road Partners, LLC purposing recreational facilities on a parcel of property off of Lawrence Road and US
40 Highway 70 in the agenda packet on Page 456,457,yes 456 and 457.
41
42 Leon Meyers: Motion. Do I hear a second?
43
44 Nathan Robinson: Second.
45
46 Leon Meyers:Any discussion on the motion to approve the findings? All in favor please say aye.
47
48 MOTION made by Adam Beeman. Seconded by Nathan Robinson.
49 VOTE: Unanimous
50
51 Leon Meyers: None opposed, motion carries. Motion would be in order to grant or deny the Special Use Permit and I would ask
52 that,that motion be fairly specific regarding the conditions that are included.
53
54 Adam Beeman: I make a motion to approve the conclusions of the Orange County Board of Adjustment pertaining to a request
55 submitted by Lawrence Road Partners, LLC proposing recreational facilities on a parcel of property off of Lawrence Road and
46
1 Highway US 70, Page 458 in the packet all the way down to 459 and then we have the Exhibit J conditions of approval with the
2 addition of light cutoff time at 10:00 p.m.for all lights and what was the other one that you had Leon?
3
4 Leon Meyers:There were actually three minor changes. One on Item 6 is to clarify that the 250-foot setback applies to the north
5 property line,then the lighting cutoff time at 10:00 p.m.for the entire site and then finally confirming that lighting levels at the
6 property line will be completed at less than 0.5.
7
8 Adam Beeman: Include those into my motion to approve.
9
10 Leon Meyers: Is there a second to that motion?
11
12 Nathan Robinson: Second.
13
14 Leon Meyers:Any discussion on the motion to grant the Special Use Permit? All in favor please say aye.
15
16 Beth Bronson: I'm sorry. I just wanted to make a comment. This is obviously a very thorough presentation and there is a check
17 mark for every component and that has been met. Right? That said, I feel like the drawn out nature has made a lot of this
18 information overwhelming for the board to have to consider over a period of time as well as for the public to have to consider over
19 a period of time. Yeah. I just wanted to make that comment.
20
21 Leon Meyers:All in favor of the motion to grant Special Use Permit please say aye.
22
23 MOTION made by Adam Beeman. Seconded by Nathan Robinson.
24 VOTE: Unanimous
25
26 Leon Meyers: None opposed,the permit is granted. Any other business before the board. Beth,you mentioned an interest in a
27 discussion about rules of procedure. I would just suggest it. Maybe we put that on a future agenda.
28
29 Beth Bronson: That's the only thing I wanted to bring up. I just wanted to make sure I brought it up in front of the board is that, that
30 we revisit the rules of procedure at a future meeting and add that maybe to the next agenda item barring having a public hearing.
31
32 Patrick Mallett: Can I just point out;we do have the work plan that will probably be coming up next month for your consideration
33 and review in advance of that being presented to the Commissioners in January. You could consider the rules of procedure. 1
34 would suggest that you take a look at Page 4 of the rules of procedure and contemplate some board submit thing in advance of
35 that meeting.
36
37 MOTION made by Nathan Robinson. Seconded by Adam Beeman.
38 VOTE: Unanimous
39
40 AGENDA ITEM 6:ADJOURNMENT
41 The meeting was adjourned at 10:49 p.m.
42
43
44 LEON MEYERS,CHAIR
47
RULES OF PROCEDURE
BOARD OF ADJUSTMENT
ORANGE COUNTY, NORTH CAROLINA
I. General Rules
Amended A. The Orange County Board of Adjustment shall be governed by the terms of
6/11/90 Chapter 160D of the General Statutes of North Carolina and by the Unified
4/12/22 Development Ordinance of Orange County, North Carolina, adopted April 5,
1/11/23 2011, and as amended. All Board members shall be thoroughly familiar with
these laws.
II. Officers and Duties
Amended A. Chair
2/12/68
6/12/78 The Chair shall be elected by majority vote of the membership of the Board
6/11/90 from among its members.
4/12/22 The term of office shall be for one year, and until a successor is elected,
beginning on July 1, and the Chair shall be eligible for re-election. Subject to
these rules, the Chair shall decide upon all points of order of the Board in
session at the time.
The Chair shall appoint any committees found necessary to investigate any
matter before the Board.
Amended B. Vice Chair
6/11/90
4/12/22 A Vice Chair shall be elected by the Board from among its members in the
same manner and for the same term as the Chair. The Vice Chair shall serve
as Acting Chair in the Chair's absence, and at such times the Vice Chair shall
have the same powers and duties as the Chair.
C. Clerk to the Board
A Clerk to the Board shall be appointed by the Chair of the Board, either from
within or outside its membership, to hold office during the term of the Chair and
until a successor Clerk to the Board shall have been appointed. The Clerk to
the Board shall be eligible for reappointment. The Clerk to the Board acting as
clerk to the board, subject to the direction of the Chair and the Board, shall
keep all records, shall conduct all correspondence of the Board, shall arrange
for all public notices required to be given, and shall generally supervise the
clerical work of the Board. The Clerk to the Board shall keep in a permanent
volume the minutes of every meeting of the Board. These shall be and show
the record of all important facts pertaining to each meeting and hearing, every
resolution acted upon by the Board, and all votes of members of the Board
upon any resolution or upon the final determination of any question, indicating
48
the names of members absent or failing to vote. If the Clerk to the Board is
chosen from outside the membership of the Board, the Clerk to the Board shall
not be eligible to vote upon any matter. The Chair may appoint an Acting Clerk
to the Board in the Clerk to the Board's absence.
III. Alternate Members
Amended Alternate members of the Board shall attend all meetings and hearings of the
6/11/90 Board unless otherwise notified. A regular Board member, on receiving notice
4/12/22 of a meeting which he or she cannot attend or upon learning that he or she will
1/11/23 be unable to participate in a meeting, shall promptly give notice to the Clerk to
the Board of the Board that he or she is unable to attend or unable to
participate.
Where, because of the inability of a regular member to serve or to participate,
the attendance of an alternate member is necessary to make quorum as
defined by Section V-D below, the Chair, or any member acting as Chair, shall
designate an alternate member to have all the powers and duties of a regular
member.
IV. Members
Amended A. Membership on the Board of Adjustment shall be governed by the terms of
6/11/90 160D-302 of the General Statutes of North Carolina as well as applicable parts
4/12/22 of the Orange County Advisory Board Policy where it specifies the Board of
Adjustment.
B. In cases where an individual is appointed to serve the unexpired portion of a
Board member's term, the appointment shall be for the time period of the
unexpired term only and shall not be counted as a regular term for that
member.
C. All members appointed to the Board of Adjustment shall, before entering their
duties, qualify by taking an oath of office as required under NCGS 153A-26.
D. Members of the Board may be removed for cause.
E. Faithful attendance at all meetings of the Board and conscientious performance
of the duties required of members of the Board shall be considered a pre-
requisite of continuing membership on the Board.
F. No Board member shall take part in the hearing, consideration or determination
of any case in which that member is personally or financially interested.
G. No Board member shall vote on any matter deciding an application or appeal
unless that member has attended the public hearing on that application or
appeal.
H. No Board member shall discuss any case with any parties thereto prior to the
public hearing on that case; provided however, that members may receive and
seek information pertaining to the case from any other member of the Board
and its Clerk to the Board prior to the hearing.
49
I. Members of the Board will not express individual opinions on the proper
judgment of any case with any parties thereto prior to its determination of that
case. Violation of this rule shall be cause for dismissal from the Board.
J. Each member of the Board shall be familiar with the applicable provisions of
the Unified Development Ordinance associated with matters before them.
Amended K. At any meeting, which an alternate member is called upon to participate within,
6/11/90 shall have the same powers and duties as regular members.
4/12/22
Amended L. , At no time shall more than five members (including alternate members)
6/11/90 officially participate or vote in any meeting or hearing.
4/12/22
V. Meetings
Amended A. Regular Meetings
6/12/78
6/11/90 Regular meetings of the Board shall be held as indicated on the published
2/3/10 Board of Adjustment Calendar Orange County Whitted Building at 300 West
4/12/22 Tryon Street in Hillsborough, North Carolina or an alternate time or meeting
1/11/23 location directed by the Chair.
When such a meeting coincides with a county or state holiday, then the
meeting shall be cancelled.
Meetings will adjourn at 10:00 p.m. unless otherwise voted upon by the Board.
B. Special Meetings
Special meetings of the Board may be called at any time by the Chair. At least
forty-eight (48) hours written notice of the time and place of special meetings
shall be given, by the Clerk to the Board or by the Chair, to each member of the
Board.
C. Cancellation of Meetings
1. For Lack of Business or Quorum Whenever there are no appeals,
applications for exceptions or variances, or other business for the Board, or
whenever so many regular and alternate members notify the Clerk to the
Board of inability to attend that a quorum will not be available, the Clerk to
the Board may dispense with a meeting by giving written or oral notice to all
members prior to the time set for the meeting.
2. Inclement Weather or Similar Consideration Meetings may also be
canceled whenever there may be additional considerations which make a
meeting unsafe or infeasible.
Such determination may be made by the Chair upon good cause or by the
Clerk to the Board where the cause is closure of County offices or facilities.
Upon such a cancelation, either the Chair or the Clerk to the Board may
50
dispense with a meeting by giving written or oral notice to all members prior
to the time set for the meeting.
Amended D. Quorum
1/11/99
4/12/22 A quorum of the Board, necessary to conduct any business of the Board shall,
consist of at least four Board members.
Amended E. Conduct of Meetings
6/11/90
4/12/22 All meetings of the Board shall be conducted in compliance with the North
Carolina Open Meetings Law, North Carolina General Statutes 143-319.9 et
seq. The Board shall give public notice of its meetings also as provided in the
Open Meetings Law. The order of business at regular meetings shall be as
follows:
a. reading of the Public Charge;
b. approval of minutes;
c. hearing of cases;
d. consideration and determination of past cases; and,
e. other business.
VI. Applications for Appeal
A. Types of Appeals
The Board shall hear and decide all appeals from and review any order,
requirement, decision, or determination made by the Planning Director. It shall
also hear and decide all matters referred to it or upon which it is required to
pass by the Unified Development Ordinance of Orange County, North Carolina.
In deciding appeals, it may hear both those based upon an allegedly improper
and erroneous interpretation of the ordinance and those based upon alleged
hardship resulting from the strict interpretation of the ordinance.
Amended B. Procedure for Filing Appeals
6/11/90
4/12/22 No appeal shall be heard by the Board unless notice thereof is filed as required
by the UDO within thirty (30) days after the decision, determination or directive
was made by the Planning Director and record of that action filed in the office
of the Planning Director. No appeal shall be considered by the Board unless a
completed application is received. All applications for hearings shall be filed
with the Clerk to the Board, or with the Planning Director, who shall act as
Clerk to the Board for the Board in receiving this notice. All applications shall
be made upon the form furnished for that purpose, and all required information
shall be provided thereon before an appeal or an application shall be
considered as having been filed.
51
C. Hearings
Amended 1. Time
6/11/90
4/12/22 After receipt from the Planning Director or Clerk to the Board of the
completed notice of appeal or application, the Clerk to the Board shall
schedule a time for a hearing, which shall be heard at either a regularly
scheduled meeting or at a special meeting.
Amended 2. Notice
6/11/90
4/12/22 The Board shall give public notice of the hearing as required by the North
Carolina Open Meetings Law and as specified in the Orange County
Unified Development Ordinance.
Notices shall state the location of the building or lot, the general nature of
the question involved, and the time and place of the hearing.
3. Conduct of Hearing
Any party may appear in person or by attorney at the hearing. Witnesses
may be called and factual evidence may be submitted, but the Board shall
not be limited to consideration of such evidence as would be admissible in
a court of law. The Board may, in its discretion, view the premises and
obtain additional facts in the matter before arriving at a determination of the
case. The order of business for each hearing shall be as follows:
(a) the Chair, or such person as the Chair shall direct, shall give a
preliminary statement of the case;
(b) the applicant shall present the arguments in support of his case or
application;
(c) persons opposed to granting the application shall present the argument
against the application;
(d) both sides will be permitted to present rebuttals to opposing testimony;
(e) the Chair, or such person as the Chair shall direct, shall summarize the
evidence which has been presented, giving the parties an opportunity to
make objections or corrections.
1/11/23 4. Administration of Oaths
The chair of the board or any member acting as chair and the clerk to the
board are authorized to administer oaths to witnesses in any matter coming
before the board. Any person who, while under oath during a proceeding
before the board determining a quasi-judicial matter, willfully swears falsely
is guilty of a Class 1 misdemeanor.
52
5. Denial and Re-hearings
When the Board has denied an application for a Special Use Permit, the
Board shall not receive another application for the same or similar petition
affecting the same property or a portion thereof until the expiration of a one-
year period, extending from the date of denial.
An application for a rehearing may be made in the same manner as
provided for an original hearing. Evidence in support of the application shall
initially be limited to that which is necessary to enable the Board to
determine whether there has been substantial change in the facts,
evidence, or conditions in the case.
A re-hearing shall be denied by the Board if in its judgment there has been
no substantial change in the facts, evidence, or conditions in the case. If the
Board finds that there has been such a change, it shall thereupon treat the
request in the same manner as any other application.
Amended 1. Form
6/11/90
4/12/22 The Board's decisions to approve or deny any application shall be reduced
to writing in the form of an Order. Such Order shall include the reasons for
the Board's decision and signed by the Chair.
Amended 2. Voting at Hearings
6/11/90
4/12/22 Required voting on matters before the Board shall be in accordance with
applicable State statutes and the provisions of the Orange County Unified
Development Ordinance (UDO).
3. Public Record of Decisions
The minutes and orders of the Board shall be a public record, available for
inspection at all reasonable times.
VII. Amendments
Amended A. These rules may, within the limits allowed by law, be amended at any time by
6/12/78 an affirmative vote of not less than four-fifths (4/5ths) members of the Board,
4/12/22 provided that such amendment be presented in writing at a regular or special
meeting preceding the meeting at which the vote is taken.
53
Board of Adjustment
ORANGE COUNTY Statement of Standing and Intended Evidence
NORTH CAROLINA Case:
ML __,M Background Information
NC law requires the Board of Adjustment to base its findings on competent, material and
substantial evidence by hearing evidence and testimony from persons with standing.
Standing is a legal matter to be decided by the Board of Adjustment. Staff does not have the
discretion to make this determination. Receipt of a meeting notice from the County alone is
not a basis to assert standing.
Individuals asserting that they have standing to present evidence or testimony in a BOA hearing are
required to submit competent, material and substantial evidence supporting their claim of standing.
NC law and courts have determined that standing may be established in one of three ways:
1. By showing that the person asserting standing holds a legal interest in the hearing's subject
parcel in one of four ways:
a. As owner of the subject parcel;
b. As an individual who has an ownership or leasehold interest in the subject parcel;
c. As an individual who has an option or contract to purchase the subject parcel; or
d. As an individual who has an interest created by an easement, restriction, or covenant related
to the subject parcel.
OR
2. By showing that the person asserting standing will suffer special damages as the result of a
Board decision;
a. NC courts have determined that special damages, for the purpose of BOA hearings, has a
different meaning than in common language. As a result, individuals who claim standing
based on special damages are required to demonstrate (using competent, material and
substantial evidence) a diminution of property value that they will suffer as a result of a
possible decision of the Board. Claiming a potential decrease in property value resulting
from a potential Board decision is not adequate by itself to substantiate standing without
expert opinion to support the claim.
b. Individuals are required to substantiate what special damages they will suffer in order for the
Board to determine whether they have standing to testify. A documented opinion regarding
an impact on property values from an established expert would be an example of competent,
material and substantial evidence to support a finding of standing based on special
damages.
OR
3. By showing that the person asserting standing represents an association organized to promote
the interests of a particular area, such as a Homeowners Association, so long as at least one
member of the group would have standing as an individual and provided that the association
was not created in response to the development/application being acted upon by the Board of
Adjustment.
In making its decisions, the Board of Adjustment may not(under NC law and court decisions)
consider evidence or testimony from witnesses who have not established standing.
Questions to Determine Standing 54
Please select one of the following three options to determine standing.
1. Do you have an ownership/leasehold interest in, or an option to purchase, the property
that is the subject of this hearing?
❑ Yes ❑ No
2. If you do not have an ownership interest in the property what special damages will you
incur if this permit is granted?
NC Courts have ruled that in order to establish standing through "special damages"an individual
must demonstrate by competent, material, and substantial evidence that approving a project will
cause them to suffer a diminution in property value (causes of diminution could be noise, traffic,
etc.). Lay opinion is insufficient by itself to establish a diminution in property value. Only expert
opinion that substantiates a diminution of property value is sufficient.
I intend to submit the following competent, material and substantial evidence to support
my claim of special damages as a qualification for standing to testify in this case.
3. Are you representing an owners' or lessees' association of which any individual member
has established standing pursuant to 1) or 2) above?
❑ Yes ❑ No
If yes, the member purported to have standing must demonstrate as noted above.
Person Claiming Standing
Based on the information above, I assert that I am a person with standing to offer testimony
in this case and to participate in the hearing as permitted under NC statutes. I understand
that the Board of Adjustment will make the final determinations of standing for witnesses in
this hearing.
Name-
Address-
Phone-
Email:
Signature Date
55
Board of Adjustment
ORANGE COUNTY Sample Statements for Standing as a Party
NORTH CAROLINA Case:
Only Parties may call witnesses, introduce documents, make legal arguments and
objections. NC law requires that Parties have Standing which is defined in NC General
Statute 16013-1402(c). Individuals seeking to be recognized as Parties are highly encouraged
to seek independent legal counsel. Note that N.C. Gen. Stat. 84-2.1 and 84-4 prohibit the
unauthorized practice of law, including representing others in these matters.
Sample Statements to Establish Standing
1. Legal Connection to the Subject Parcel
a. I have an ownership interest in the property that is the subject of this decision being made.
(My name will appear on the deed recorded at the Register of Deeds for the property where
the SUP will apply.)
b. I have a leasehold interest in the property that is the subject of the decision being made. (I
have a lease for the property where the SUP will apply.)
c. I have an interest created by easement, restriction, or covenant in the property that is the
subject of the decision being made. (There is a document recorded at the Register of
Deeds which gives me certain rights to the property where the SUP will apply, such as a
right of access.)
2. Special Damages to Other Parcels
a. The proposed project would increase vehicular traffic which would pose a danger to public
safety and therefore diminish the value to the property I own. (NOTE THAT THIS
REQUIRES EXPERT OPINION PER NCGS 160D-14020)(3)(b).) I have a traffic engineer
here who can testify on this subject.
b. The proposed project would affect the value of my property. (NOTE THAT THIS
REQUIRES EXPERT OPINION PER NCGS 160D-14020)(3)(a).) I have a real estate
appraiser here who can testify on this subject.
c. The proposed project would cause my property to suffer a diminution in property value
because of noise, odor, water run off or some other special damage. That special damage
Rev 23 11 16
is . (NOTE THAT ANY MATTER WHICH ONLY EXPERT TESTIMONY56
WOULD GENERALLY BE ADMISSIBLE UNDER THE RULES OF EVIDENCE WOULD
REQUIRE EXPERT OPINION PER NCGS 160D-14020)(3)(c).) I am able to establish that
this special damage would impact my property by showing the following:
Rev 23 11 16
57
Board of Adjustment
ORANGE COUNTY FAQ for Standing and Parties
NORTH CAROLINA Case:
Background
Only Parties may call witnesses, introduce documents, make legal arguments and
objections. NC law requires that Parties have Standing which is defined in NC General
Statute 16013-1402(c). Individuals seeking to be recognized as Parties are highly encouraged
to seek independent legal counsel. Note that N.C. Gen. Stat. 84-2.1 and 84-4 prohibit the
unauthorized practice of law, including representing others in these matters.
Frequently Asked Questions
1. Can anyone sign up and speak before the BOA?
No. There is not a public comment period like with a general rezoning or similar matters.
The BOA holds evidentiary hearings like a court would. Only "parties" may call witnesses
who then testify before the board.
2. 1 received a letter from the County, does that mean I have certain rights?
No. The letters are notices of the proceeding but do not indicate any right to participate.
3. What is the point of a Neighborhood Information Meeting?
The NIM is a chance to interact with the applicant. The County staff does not participate.
This may be a good opportunity to learn about the project and see if further action (such as
hiring an attorney) is warranted.
4. Should I hire an attorney?
The County always recommends seeking independent legal counsel when your property
rights may be impacted by an SUP application.
5. Will I have to hire other experts?
Very often other experts are required. These are frequently engineers or real estate
appraisers.
6. 1 have some relevant information, how can I best get this information to those that need to
see it?
The two best ways are to get that information to either the County planning staff or
someone who will be a Party with Standing before the BOA. Since the staff work on their
review early in the process, it is important to get them this information as soon as possible.
Otherwise, a Party with Standing may call witnesses who may testify about things they
have personal knowledge of (such as things they have seen themselves) if it is relevant to
one of the standards being reviewed by the BOA.
Rev 23 11 16
7. Can I talk to the individual members of the BOA? 58
No. The discussion of matters before the board but outside of the hearing is called ex parte
communication and is not allowed.
8. What will the BOA base their decision on?
The BOA will accept evidence from parties and then determine whether the standards
found in the Unified Development Ordinance have been met. The particular standards can
be found in the agenda materials or by inquiring with planning staff.
9. What if I think the standards are too lax or too strict?
The BOA cannot change the standards so these concerns should be brought either to
planning staff or the BOCC.
10.Can I speak on behalf of my neighbors?
Generally, no. The NC State Bar has the opinion that the presentation of other evidence,
including the examination and cross-examination of witnesses, making legal arguments,
and the advocacy for results on behalf of others before quasi-judicial zoning and land use
hearings, is the practice of law that may be performed only by licensed attorneys at law.
(See Authorized Practice Advisory Opinion 2006-1). However, neighbors often offer
support to one another outside of the hearing including pooling resources to hire an
attorney.
11.How do most people establish standing in order to participate?
The most common path is to hire an attorney who will assess the circumstances of the
particular case. They may recommend the hiring of experts who can testify about
conditions that would be harmful to your property. Those professionals can help make the
case that you have standing and therefore can participate. Even with professionals there
can be arguments over whether there is a sufficient demonstration of standing.
12.Can planning staff tell me if I have standing?
No. The BOA determines standing at the hearing. Staff may be able to direct you to the
statute which governs standing, but the best approach is to seek independent legal
counsel.
Rev 23 11 16
59
NAME OF BOARD/COMMISSION: Board of Adjustment
Report Period January 2023-December 2023
ORANGE COUNTY BOARDS AND COMMISSIONS
ANNUAL REPORT/ WORK PLAN FOR THE COUNTY COMMISSIONERS
The Board of Commissioners appreciates the dedication of all the volunteers on their
boards and commissions and welcomes input from various boards and commissions
throughout the year. Please complete the following information, limited to the front and
back of this form. Other background materials may be provided as a supplement to, but
not as a substitute for, this form.
Board/Commission Name:
Board of Adjustment (BOA)
Person to address the BOCC and contact information:
Leon Meyers, BOA Chair
Imeyersnc(a-).gmail.com 919 422-5773
3126 Carriage Trail, Hillsborough
Primary County Staff Contact:
Patrick Mallett, Deputy Director Development Services
Planning & Inspections Department
pmallett orangecountync.gov
Office (919) 245-2577 / Mobile (919) 819-3402
How many times per month does this board/commission meet, including any
special meetings and sub-committee meetings?
One meeting per month as outlined in the published BOA Calendar.
Board Calendars and Public Hearing Schedules I Orange County, NC
(orangecountync.gov)
Note: the BOA only meets on published dates when there is a case to be considered
and/or required administrative actions or training. Historically, the BOA has met 4-6
times per year.
Brief Statement of Board/Commission's Assigned Charge and Responsibilities.
As required by NCGS §160D-302 and Unified Development Ordinance (UDO)
Section 1 .8.1, the BOA is required quasi-judicial appointed board that is established
and maintained to hear and decide:
1. Appeals regarding decisions, or determinations made by the Planning Director;
2. Applications requesting the approval of Special Use Permit (SUP);
3. Variance requests from the minimum requirements of the UDO; and
4. Other matters as required by state law, the UDO and/or the BOCC.
56
What are your Board/Commission's most important accomplishments?
1. Successfully deciding appeals, variances and SUPs per the state statue and
UDO requirements without any higher appeals or legal challenges.
2. Adapting its rules and process to meet the new requirements of 160D-302 and
relevant case law.
3. Successfully maintaining all the required and alternate BOA seats.
4. Revising the applications, required materials and published calendars to make
the process simpler, shorter, and more accessible to the public.
5. Offering Spanish language translations of notices and other relevant case
materials to the public.
6. Offering Spanish speaking interpreters for the public at evidentiary hearings.
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually.
N/A
Describe this board/commission's activities/accomplishments in carrying out
BOCC goal(s)/priorities, if applicable.
1. Successfully meeting state and UDO requirements for BOAs, SUPS, Variances
and Appeals.
Describe the collaboration relationship(s) this particular board has with other
advisory boards and commissions?
1. Operationally none. By definition, the BOA is an independent, autonomous
quasi-judicial decision-making body.
2. Administratively, BOA's meeting needs and support is coordinated alongside the
Planning Board.
Identify any activities this board/commission expects to carry out in 2024 as they
relate to established BOCC goals and priorities. If applicable, is there a fiscal
impact (i.e., funding, staff time, and other resources) associated with these
proposed activities (please list).
1. Continuing to improve the process and public information about the BOA.
2. Continuing to improve public access and information about the BOA and their
cases.
3. Minimize additional Staff and funding needs to the extent legally possible (e.g.
streamlining the review process and legal notification processes).
What are the concerns or emerging issues your board has identified for the
upcoming year that it plans to address, or wishes to bring to the Commissioners'
attention?
1. Continuing to meet the requirements caused by NCGS §160D-302 and potential
for legal challenges to the BOA's determinations.
Orange County, North Carolina
2024 Board of Adjustment Calendar - Telecommunication Tower Special Use Permit
Pre-application conference Nov 17, Dec 15, Jan 19 Feb 16 Mar 15 Apr 19 May 17 Jun 14 Jul 12 Aug 16 Sep 20 Oct 18 Nov 15 Dec 20
Required by UDO 2023 2023
Filing Deadline at 5:00 PM Dec 15, Jan 12 Feb 16 Mar 15 Apr 12 May 17 Jun 14 Jul 12 Aug 9 Sep 13 Oct 18 Nov 15 Dec 13 Jan 17,
2023 2025
Accept/Reject by Dec 22, Jan 19 Feb 23 Mar 22 Apr 19 May 24 Jun 21 Jul 19 Aug 16 Sep 20 Oct 25 Nov 22 Dec 20 Jan 24,
2023 2025
Earliest Possible Jan 2, Feb 6,
Development Advisory Jan 4 Feb 1 Mar 7 Apr 4 May 2 Jun 6 Jul 3 Aug 1 Sep 5 Oct 3 Nov 7 Dec 5 2025 2025
Committee (DAC) Meeting
Balloon Test/Neighborhood Information Meeting (NIM) Requirements
Notification Mail Notices &
of property post Sign (14 Dependent on date chosen for Balloon Test/NIM. Mailing and sign postings must occur a minimum of 14 days prior to NIM (see 5.10.8(13)(2)(c))
owners of ! days prior)
NIM
Latest Neighborhood
Information Meeting This
meeting must occur a minimum May 19
(adjusted
of 45 days prior to the Jan 28 Feb 25 Mar 24 Apr 28 Jun 30 Jul 28 Aug 25 Sep 29 Oct 27 Nov 24 Dec 29 Jan 26, Feb 23,
Evidentiary Hearing and must for 2025 2025
holiday)
be scheduled on a weekend.
see Section 5.10.8(B)(2).
Board of Adjustment Hearing
Earliest Possible Board of
Adjustment Hearing
Wednesday - 7:00 PM Jan 8, Feb 12, Mar 12, Apr 9,
Whitted Meeting Facility Mar 13 Apr 10 May 8 Jun 12 Jul 10 Aug 14 Sep 11 Oct 9 Nov 13 Dec 11 2025 2025 2025 2025
300 West Tryon Street
Hillsborough, NC 27278 (2nd
floor
Note: Earliest meeting dates are estimates and are subject to change as applications move through the review process.
Orange County, North Carolina
2024 Board of Adjustment Calendar - Special Use Permit (Non Telecommunication Tower
Pre-application conference Nov 17, Dec 15, Jan 19 Feb 16 Mar 15 Apr 19 May 17 Jun 14 Jul 12 Aug 16 Sep 20 Oct 18 Nov 15 Dec 20
Required by UDO 2023 2023
Filing Deadline at 5:00 PM Dec 15, Jan 12 Feb 16 Mar 15 Apr 12 May 17 Jun 14 Jul 12 Aug 9 Sep 13 Oct 18 Nov 15 Dec 13 Jan 17,
2023 2025
Accept/Reject by Dec 22, Jan 19 Feb 23 Mar 22 Apr 19 May 24 Jun 21 Jul 19 Aug 16 Sep 20 Oct 25 Nov 22 Dec 20 Jan 24,
2023 2025
Earliest Possible Jan 16, Feb 20,
Development Advisory Jan 18 Feb 15 Mar 21 Apr 18 May 16 Jun 20 Jul 18 Aug 15 Sep 19 Oct 17 Nov 21 Dec 19 2025 2025
Committee (DAC) Meeting
Neighborhood Information Meeting (NIM)
Notification ! Post Sign &
of property ! Mail Notices - Dependent on date chosen for NIM. Mailing and sign posting must occur a minimum of 14 days prior to NIM (see Section 2.7.5)
owners of 14 days before
NIM meeting
Latest Neighborhood
Information Meeting (NIM) May 26
(Per Section 2.7.5 of the UDO, (note: this
the NIM must be held a Jan 28 Feb 25 Mar 24 Apr 28 is Memorial Jun 30 Jul 28 Aug 25 Sep 29 Oct 27 Nov 24 Dec 29 Jan 26 Feb 23
Day
minimum of 45 days prior to the weekend)
date of the Evidentiary Hearing)
Board of Adjustment Hearing
Earliest Possible Board of
Adjustment Hearing
Wednesday - 7:00 PM Jan 8, Feb 12, Mar 12, Apr 9,
Whitted Meeting Facility Mar 13 Apr 10 May 8 Jun 12 Jul 10 Aug 14 Sep 11 Oct 9 Nov 13 Dec 11 2025 2025 2025 2025
300 West Tryon Street
Hillsborough, NC 27278 (2nd
Floor
Note: Earliest meeting dates are estimates and are subject to change as applications move through the review process.
59
Orange County, North Carolina
2024 Board of Adjustment Calendar Appeal of Interpretation and Variance Applications
Filing Deadline at 5:00 PM Dec 29, Jan 26 Mar 1 Mar 28 Apr 26 May 31 Jun 21 Jul 26 Aug 30 Sep 27 Nov 1 Nov 27 Dec 27 Jan 31,
2023 2025
Accept/Reject by Jan 5 Feb 2 Mar 8 Apr 5 May 3 Jun 7 Jun 28 Aug 2 Sep 6 Oct 4 Nov 8 Dec 6 Jan 3, Feb 7,
2025 2025
Earliest Possible Development Jan 16, Feb 20,
Advisory Committee (DAC) Jan 18 Feb 15 Mar 21 Apr 18 May 16 Jun 20 Jul 11 Aug 15 Sep 19 Oct 17 Nov 21 Dec 19 2025 2025
Meeting
Earliest Possible Board of
Adjustment Meeting
Wednesday - 7:00 PM Jan 8, Feb 12, Mar 12, Apr 9,
Whitted Meeting Facility Mar 13 Apr 10 May 8 Jun 12 Jul 10 Aug 14 Sep 11 Oct 9 Nov 13 Dec 11 2025 2025 2025 2025
300 West Tryon Street
Hillsborough, NC 27278 (2nd
floor
Note: Earliest meeting dates are estimates and are subject to change as applications move through the review process.