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HomeMy WebLinkAbout5.8.24 BOA Agenda Packet �1 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 AGENDA ORANGE COUNTY BOARD OF ADJUSTMENT (BOA) WHITTED BUILDING 300 WEST TRYON STREET HILLSBOROUGH, NC 27278 Wednesday, May 8, 2024 7:00 p.m. 1. CALL TO ORDER 2. CONSIDERATION OF ADDITIONS TO AGENDA 3. APPROVAL OF MINUTES December 13, 2023 BOA Administrative Summary Meeting Minutes 4. PUBLIC CHARGE The Board of Adjustment pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. All electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. The Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local regulations and State law to perform specified functions essential to the County's planning program. Action(s)taken by the board are based solely on competent, substantial, and material evidence presented during a previously scheduled and advertised public hearing on a specific item. As detailed within Section 2.12.2 of the UDO the Board chair reserves the right to exclude evidence and testimony that is deemed: `incompetent, irrelevant, immaterial, or unduly repetitious' and therefore fails to reasonably address the issues before the Board of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks that the presentation of evidence be consistent with established policies, rules of procedure, and acceptable levels of decorum to ensure a fair and equitable hearing for all parties. 5. POTENTIAL BOA CONFLICT OF INTEREST STATEMENT It is the duty of every Board member to avoid both conflicts of interest and appearances of conflict. Board members having any conflicts of interest or appearances of conflict with respect to matters before the Board should identify the conflict or appearance of conflict and refrain from undue participation in the matter involved. As a reminder, NC General Statute § 160D-109 establishes the following standard: A member of any board exercising quasi-judicial functions pursuant to this Chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected person's constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. 6. CASES: A-1-24 To review a Special Use Permit request (Case Number SUP24-0005) submitted by Judea Reform Congregation Cemetery proposing to operate and expand the existing cemetery (PIN 9767- 26-1613) on +/- 6.59 acres of a +/- 10.27 acres parcel located at 2560 Jones Ferry Road, and within the Chapel Hill Township of Orange County. A-2-24 — To review Special Use Permit (Case Number SUP24-0006) request submitted by Capkov Ventures, Inc. proposing a major modification to previously-approved Special Use Permits for Woodsedge and The Woods Planned Development Housing communities (originally approved in 1985 and later modified in 1991). The request is to modify two SUP conditions regarding conditions of ownership and the location of Common Open Space. The site is located on Orange County PINS 9873-41-0172 and 9872- 49-0872, located south of Phoebe Drive and north of East Scarlett Mountain Road, and within the Hillsborough and Chapel Hill Townships of Orange County. 7. ADJOURNMENT 1 DRAFT 1 MINUTES 2 BOARD OF ADJUSTMENT 3 ADMINISTRATIVE MEETING 4 December 13,2023 5 6 MEMBERS PRESENT: Leon Meyers, Chair, Member 7 Beth Bronson,Vice-chair, Member 8 Nathan Robinson, Member 9 Greg Niemiroski, Member 10 Adam Beeman,Alternate 11 12 MEMBERS EXCUSED: Jeff Scott, Member 13 Holly Fraccaro,Alternate 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director 16 Patrick Mallett, Deputy Director-Development Services 17 James Bryan, Staff Attorney 18 Lauren Coffey, Planning Technician 19 20 AGENDA ITEM 1: CALL TO ORDER 21 22 Leon Meyers called the meeting to order at 7:11 p.m. 23 24 AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 25 26 No additions to the agenda. 27 28 AGENDA ITEM 3: APPROVAL OF MINUTES—November 15, 2023 29 30 MOTION made by Adam Beeman to approve the November 15, 2023 minutes as presented. Seconded by Nathan Robinson. 31 VOTE: Unanimous. 32 33 AGENDA ITEM 6: REVIEW OF BOA ANNUAL WORKPLAN FOR 2024 34 35 Patrick Mallett: Some of you may remember last year,the Commissioners ask all the boards to file an annual report on what they 36 do,how they do it,any goals,objectives,obstacles,and then set forth a plan for the coming year. It outlines who's responsible for the 37 board,chair,and so on and so forth. This is a requirement from the Board of Commissioners. We file it and then they review it. The 38 short of it is that the Board of Adjustment is a quasi-judicial board, so we're following state law, state requirements, UDO 39 requirements,far less complicated than the Planning Board or other advisory boards. 40 41 Leon Meyers: When is that meeting Patrick? Do you know, off the top of your head? 42 43 Patrick Mallett: I want to say it's in perhaps earliest mid-January. 44 45 Leon Meyers: Somebody just let me know. I'll try to be available. 46 47 Patrick Mallett: Yes, I'll certainly make you aware of it. 48 49 Leon Meyers: Does this need approval by the board? 50 51 Patrick Mallett: No, it's something that staff does. I'm providing it to you so you're informed. We prepare it and then the chair 52 presents to the BOCC. The other things that I ticked off(on the report)were working towards over-arching county goals with regard 53 to transparency, open access, improvements to the rules of procedure, if need be; improvements to the statement of standing, if 54 need be, or forms, and that includes other peripheral things like making arrangements for translation and interpretation services for 55 what we do,and that's kind of across the board with our department.We're engaging with all the public,so that's the overview of that. 2 1 2 Cy Stober: We don't have dates yet for the work plan presentation. 3 4 Patrick Mallett: Our deadline is in January, so it may be sooner, may be later, it's at their discretion. 5 6 Cy Stober: Anyway, it'll be February 15th or March 12th. 7 8 AGENDA ITEM 7: REVIEW OF BOA CALENDARS FOR 2024 9 10 Patrick Mallett: Calendars, it's the same format as last year. I think you may remember we had a slightly more complicated 11 calendar format and lengthy. We trimmed those processes down greatly. Same time frame if you submit on date X, you should 12 theoretically get out on date Y to a hearing with the Board. We have three different food groups or types of calendars. We have 13 processes that are special use permits that are non-telecommunications related. We have telecommunication-related special use 14 permits, and then we have the variances and appeals. They all end up on the same theoretical dates. As you all know,your board 15 doesn't inherently meet every month. It only meets when there's an administrative need or a case. So, those are dates that could 16 occur, but I think that that streamlined process is going well,and we're not dragging these things out any more than they have to be. 17 18 Leon Meyers: Any questions on the work plan or calendar? I would just say what do you guys see coming up. I had this 19 conversation with you, I think two weeks ago or so. Is there likely a meeting in January? 20 21 Patrick Mallett: We have a couple of pending requests that may be coming down the pipe, so I would anticipate something later 22 than January. 23 24 Beth Bronson: But based on this calendar, you would expect to know before December 22nd? 25 26 Patrick Mallett: Yes. In fact, one of the, several of the ones that are contemplated, at the time, they get a complete package. In 27 February might be pushing it. 28 29 Cy Stober: Yes, to meet the application requirements of the complete site plan, complete application, and all of the other 30 relevant materials,we don't have any applications in the queue that could meet the deadline for the January meeting, so we will not 31 be having any action items at the January meeting,unless directed by the board. It's conceivable we could have one in February and 32 I'm fairly certain we will have one scheduled for March. I've been in contact with an applicant about an application and that seems to 33 be the timeline they're on. 34 35 AGENDA ITEM 4: REVIEW OF BOA RULES OF PROCEDURE 36 37 Leon Meyers: We skipped a couple of lines here, so we can go back to Item 4. 38 39 Patrick Mallett: Beth, I think,your comment was let's take a fresh look at the BOA Rules of Procedure and the procedural changes 40 that may be amenable to the Board. I'll just note that Agenda Items 4 and 5 for tonight are just for discussion. Then,we would take 41 that and factor in any changes. The Rules of Procedure is customary for the BOCC to authorize or direct a change to the rules and 42 procedures, so we would need that input from the board. 43 44 Beth Bronson: Thank you very much. 45 46 Patrick Mallett: There are your rules and procedure that,as you can see, have been amended on various occasions going back to 47 1968. 48 49 Beth Bronson: And the most recent amendment was in 2021. 50 51 Adam Beeman: It was November 1,2023. 52 53 Beth Bronson: Thank you. 54 55 Patrick Mallett: I think that was, if memory serves, that was adding in 160D references. 3 1 2 Beth Bronson: Yes,per 160D. And then, I know that maybe it was April 2022 when the last time any major change is made across 3 the board. 4 5 Patrick Mallett: Yes,that's correct. 6 7 Beth Bronson: So now, regarding one,the applicant presentation as well as during public hearings, how much time is allotted? 1 8 guess that that also goes into Agenda Item No. 5,which we'll get into. 9 10 AGENDA ITEM 5: 11 12 Leon Meyers: James will probably going have something to say about that. The question,James,was about time for speakers. 13 Is that right, Beth? 14 15 Beth Bronson: Time for applicants. The necessary order of review, so do we want to take public comments before applicant 16 presentations, do we want to take public comments after applicant presentations, do we want to limit applicant presentations to 17 accommodate public hearings? That was a discussion that I wanted to have when I made that comment. 18 19 Leon Meyers: You would think about establishing a rule that sets a time limit on the applicant's presentation, is that what you're 20 saying? 21 22 Beth Bronson: Correct. I would think about limiting,well not even limiting,but really setting a parameter for the ability of applicant 23 to present. If they're going to go through the neighborhood information meeting, go through all of the applicant requirements, they 24 should be able to estimate, ahead of the meeting, how long their presentation will take and that's should either one, be announced 25 and then discussed or two, it should be limited to 60 minutes,90 minutes,30 minutes,however we want to do it,that was my point in 26 creating that discussion item. I would love to know what you guys think about maybe not even really putting reigns,butjust guidelines 27 or bumper rails on what the applicant can present before the public has a chance to speak and before we have a chance to discuss. 28 29 Leon Meyers: Guidelines on what the applicant can present for? 30 31 Beth Bronson: The duration. Say they have two experts, one witness, and the applicant, and they have a planned presentation, 32 they should be able to tell us, ahead of the meeting, how long they expect their presentation to run. If that exceeds a particular 33 amount of time,we should be stating that at the start of the meeting. 34 35 Leon Meyers: What would that accomplish?To make the meeting more predictable? 36 37 Beth Bronson: More transparent, yes. Well, and predictable, yes. So if we know the applicant's presentation is going to run 90 38 minutes,we can say one,as a board,we discussed and 90 minutes is either unreasonable or it will require us to continue the rest of 39 the meeting for the next, like a continuation and we should make that motion ahead of time,so that the public knows because it is a 40 public hearing, so that the board members know because this is our volunteer time. I think that there should be some form of 41 transparency when they say here's the applicant's presentation. It can be 20 minutes,or it can be 90 minutes,we should be aware. 42 We get no prior notice. We get no prior evidence, as we shouldn't, but we should know what to expect when we walk into these 43 meetings and if there is anything that limits us from understanding that,totally fine. I need to know. Does that make sense? 44 45 Patrick Mallett: I think lessons learned and with what we know today and based on recent history is that looking for a balance and 46 that has to do with the time,especially considering your regular meeting pause that says you got to continue the meeting at 10:00,it's 47 kind of a hard stop. 48 49 Beth Bronson: Unless we decide. 50 51 Patrick Mallett: Unless you're close, so there's a little bit of subjectivity and ambiguity there and personally,there's a little bit of a 52 balancing act there because it's hard to predict every case. Not every case is the same. Some are very simple, some are very 53 complicated, and some have some controversy associated with them. Sometimes it takes 30 minutes to state your case. 54 4 1 Beth Bronson: Perhaps there's, the onus should be on the applicant, not staff, to be able to provide that information is,what I'm 2 trying to allude to. 3 4 Patrick Mallett: At least get, give an intention. 5 6 Beth Bronson: Yes. 7 8 Patrick Mallett: The other issue is you can talk about 90 minutes, the same thing over and over again. It would be 90 minutes or 9 less. 10 11 Beth Bronson: Agreed. We could set a time limit. 12 13 Patrick Mallett: I know that there's probably some thoughts about staying within the scope of what the permit is and not extraneous 14 conversation about philosophies and things that are not germane to the planned use and Special Use Permit process. 15 16 Beth Bronson: And specifically speaking to the prior meeting for which these minutes were approved. The point that it was a 17 public hearing, but then the understanding of the public may not have been that this was the quasi-judicial versus an advisory board 18 making a recommendation. I think that there should be some form of structure,to these presentations so that we know how to expect 19 the timeline. 20 21 Patrick Mallett: Or that it transcends this which is up front improving our product so that we can provide information to the public 22 about quasi-judicial proceedings,which we have,but there's always room for improvements and refinements and provide information 23 up front about what this meeting is and how it differs from other meetings that the public may have been exposed to. 24 25 Cy Stober: I want to really defer to James on this point, but I just want to remind the board that as a quasi-judicial board, 26 there's a right of the applicant to present all testimony regardless of the volume of testimony to the board to make it's quasi-judicial 27 determination on their application. I don't know if that can be limited by time,as a quasi-judicial body and your rules of procedure. It 28 is very different from the Planning Board's advisory and more kind of open-ended legislative process, and there's a lot more 29 discussion given the Planning Board and how to run those meetings because it's not defined by state law as a quasi-judicial process, 30 including the right to provide testimony, the right to cross examine, and the right for any other members with standing to provide 31 expert testimony regarding positives of negatives of the application, must be respected through the process and so I do think that is 32 just the response I would have is we need to be mindful of that and as the administrative staff,we really strongly encourage you to 33 consult with the County Attorney's Office on that matter because I just don't know if it would fall foul of the intention of the 34 quasi-judicial process. 35 36 Leon Meyers: This might be a good time to ask James if the board were of a mind to set a limit on an applicant's presentation 37 time. Does the board have the authority to do that, or could that be one of those things that yes, you could do that but is it a good 38 idea? 39 40 James: So,A, B, C, D,all of the above,all bit of each.You start with the basic premise that you have to have what they call the fair 41 trial standard,which is due process,which does include that every party gets to submit the evidence and participate as much as they 42 need to have a fair chance to make their arguments. But what Beth is proposing about having it for scheduling and estimating is a 43 common practice in the court system, it's not exactly equitable, but it's a good framework to understand it. What you wouldn't see 44 when you get your traffic ticket or your divorce or your contract dispute in court, but behind the scenes,the judge,when we attorneys 45 say we've got a matter for this week that the clerk will say what's your estimate for how long this will be, and we'll say 15 minutes. 46 We'll say 2 hours. These are usually egregiously wrong. I'm always 5 minutes. I'm out and then some other attorney will be like oh, 47 same thing,2 hours and then they actually spend 4 hours arguing about it. But they do use that for scheduling. The practice here is 48 a little bit odd because of how cyclical, your work, and it's really feast or famine. Some months, you've got nothing and then some 49 months,you've got a ton of stuff and the same thing,that one case could be really quick. The other one we had,The Barn at Chapel 50 Hill,was three nights that it went past midnight. The problem is going be how to elicit that because what,as the example of when the 51 attorney, when they have the attorneys how long it's going be and I say 15 minutes and Bob says 2 hours, we're disagreeing on 52 things that we do all the time. This is going be an applicant who either is a mom and pop who this is the first and only time they're 53 before us or this is a big law firm and be like in Charlotte, this is. Here in Lumberton, it's how is it;we're different so it's how is going 54 be here. They don't have the present knowledge. I think, it'd be fair. Another thing to consider is how much you want to formalize 55 this and put it in the rules and rather than just direct staff and say hey, this is a concern for us and I think this has been noted and I 5 1 trust Cy and Pat will take this and try to put it in there and that would be. My recommendation is this board doesn't develop the 2 application forms, it's staff that does it and I think they could put in how long do you estimate and then what I've recommended in the 3 past, I don't know if it's still in there, is that if it's under, if you estimate under 30 minutes, that's the only you have to estimate, so if 4 mom and pop comes in or if it's tons of professionals but they know that, there's no conflict, it's just and they say 30 minutes. Fine, 5 that's it. If you say it's going to take more than 30 minutes, then say okay, let us know all of your speakers. If they're experts, then 6 give me all of the data for qualifying the expert there, their resumes, and then give me an affidavit for each one and then that will. 1 7 don't know,we've never really done this but that would expedite it. Thats all right, it's more than 30 minutes. We know if we have 8 three of these cases,we might need to schedule them for different nights,and we'll also know who's going come before us. You guys 9 will have a week to go through it and develop your questions and stuff like that. 10 11 Beth Bronson: If I'm hearing you correctly, James, I do appreciate that explanation and in no way would I want to obstruct due 12 process, by asking for a timeline or a time limit. It has way more to do with providing an estimation of the application, you have 13 Sections 1 through 5. Section 1 is very standard. There's the presentation. That should take less than 30 minutes. If you have five 14 expert witnesses that should be well known and that every expert witness will take 5 to 10 minutes. I'm not saying that the staff 15 should come up with some standard time. I'm not saying that the applicant should have to come up with some standard time. It's 16 whatever information they're providing in the application should come with some sort of estimation of I don't have 50 minutes to 17 present, I have 5 minutes to present, or I have more than 10 minutes to present. 18 19 Patrick Mallett: I think that's part of the Rules of Procedure and think the application part would flush that out further. We do have 20 that 30 minutes, more than 30 minutes and if you're doing more than 30 minutes,you have more exhibits that we're going be asking 21 evidence for, but perhaps there can be more work about the applicant laying out fairly methodically the cadence of their presentation 22 and if you have,the CVs for all of the extra witnesses up front and that's articulated out and you have the statement of standing for 23 them up front,you can see it,quickly digest it,and not have to go through and this is Bob Smith's,the appraiser and this is and it may 24 save some time. 25 26 Beth Bronson: I am absolutely okay,whether or not we revise it in the rules of procedure or we add it to our work plan that we are 27 going to work on streamlining that. I have no problem. It's just,as long as we are trying to make it the most transparent and the most 28 applicable or equitable process. Because if the Public Hearing has been announced and then the public does not know that they 29 need to submit their own statement of standing ahead of the meeting so that we understand where they're at or that they are,the staff 30 is given the opportunity to advise anybody applying for standing to say well, we need, these are the criteria. Again, I need you to 31 make sure that you provide these criteria. 32 33 Patrick Mallett: Sorting that out,so there's rules of procedure,little bits of that. There is some application work that could be put to 34 thought. There is also the stuff that transcends those two, which is good old-fashioned time management. If an applicant or any 35 qualified person coming up to speak,if it's redundant, if it's outside the scope of what is germane for a special use permit,whether it's 36 in here in the rules. 37 38 Beth Bronson: It should be addressed immediately. 39 40 Patrick Mallett: And move things along on either side of the consideration. 41 42 Beth Bronson: All right. 43 44 Leon Meyers: I want to be sure that I'm clear. I think we're coming toward a consensus here, but you talked about having an 45 estimate of,from the applicant on how much time their presentation is likely to take, and I think I also heard you talk about setting a 46 time limit. Did I misunderstand? 47 48 Beth Bronson: No, I discussed and yes,either setting a time limit or providing a time estimation and then holding that. If it's going 49 go over their estimated or their,then we need to know with ample time to make that decision. 50 51 Leon Meyers: Make a decision about? 52 53 Beth Bronson: Whether we proceed or not. If they're saying that for Exhibit 1, it's going take up to 5 minutes, for Exhibit 2 or 54 Witness 2, it'll take 10 minutes, but for the application, it'll take 45 minutes. You've now exceeded an hour. Do we need to wait until 55 that 1 hour to say,time to pause and see how much more you do have left. 6 1 2 Leon Meyers: You might do that by having the applicant submit an outline of the presentation,a timed outline, is what that would 3 take? 4 5 Beth Bronson: Correct. And again, as I'm saying it, I do not want to obstruct due process, so if the applicant is given up until 24 6 hours before or up until 5 minutes before the presentation to add to that presentation, I don't want to deny them that, necessarily, 7 because that's their due process. It has everything to do with understanding, up front,what they estimate that time to be and whether 8 or not we can let,if it's a,like for,and specifically,if,when it's a public hearing,we let everybody know,which again,de facto,they are 9 public hearings, we let the public know or whoever is in the audience know that this presentation and what the applicant has to 10 present will exceed 60 minutes or 30 minutes. 11 12 Leon Meyers: It sounds to me to get where you're suggesting we do, a timed outline would be a requirement so that the Chair or 13 somebody,could track the presentation by pieces? 14 15 Beth Bronson: Correct or even if staff has a timer. I do agree with having staff go back and look at the application process and 16 being able to come up with some more formalized way of presenting that without creating a rule or procedure to this. 17 18 Leon Meyers: Let me ask other board members, how do you feel about the,where we're headed here? 19 20 Nathan Robinson:The one case we had where they had all the little huts that they were creating. I don't think they could have come 21 up with a timed outline. I don't think they could have come up with one and I just feel like we're trying to find a solution in search of a 22 problem. I don't see what we're accomplishing. I think The Nest, I don't think they could have come up with it and this last one,we 23 were informed ahead of time this is going be a long one. You told us and so we knew that. I don't think it is going be less than 30 24 minutes. Our meetings for the last 2 years, it's never been less than 30 minutes. 25 26 Beth Bronson: What do you mean you don't think they could have come up with a timeline for The Nest?They had a 15-minute 27 presentation and then they had a 5-minute owner presentation. 28 29 Nathan Robinson: If they tell us it's going be 45 minutes and take an hour and 15,we're still going be here an hour and 15,what have 30 we done, other than just make a rule? 31 32 Beth Bronson: Okay, so rather than a timeout line,you mean an outline? 33 34 Nathan Robinson: If they just give an outline, this is what their presentation is going to be, I think that's fair and then we can see 35 where we are in the sequence of it. But having them assign times for how long they think it's going to take and how long, I just think 36 it's onerous and I think it puts a burden on them. It doesn't make a difference. At the end of the day, it's not like it,we're not sitting 37 here administrating a timed exam where they have to be finished within our 30 minutes. And if we're not administering a timed exam, 38 then we don't need to put a time on it. 39 40 Beth Bronson: Agreed. But I do agree with you in that having an outline of knowing ahead of time that the applicant has seven 41 expert witnesses or two expert witnesses is relevant. 42 43 Nathan Robinson:Just for them to outline their presentation is fair,then it's fair and informative to the people in the audience. Even if 44 they don't estimate the time, they can say the traffic guy is going present and then the sound guy is going to present and then 45 whatever. We have these other four to lay out their presentation. I don't think that's unreasonable because they know that anyway. 46 They're not coming here guessing what they're going to present. 47 48 Leon Meyers: Adam, Greg,thoughts on this direction? 49 50 Greg Niemiroski: It just sounds like we can, from fairness, they need to be able to present their case, so trying to limit them is not 51 giving a fair hearing in a sense. So, I think the idea Nathan presented with an outline is good. I do agree and I think,The Nest people, 52 partly their structure, I think when you have an organization that you're paying to put together your presentation, it's a little different 53 sometimes, but when you have a lot of different volunteers and different people interested in the case, it's harder to pin it down. I like 54 the idea of a time or an order of events and who the players are. And I like the idea of having their information, everything ahead of 55 time. I think that seems reasonable. 7 1 2 Adam Beeman: I would say the timed outline, like you were speaking, it doesn't necessarily have to be like held to the minute, but 3 1 feel like it would give the chair an opportunity to follow along and keep the meeting moving.This guy, he was only supposed to take 4 5 minutes. He's been up there on for 25. Clearly, he is off the rails. Let's try to get him to move along and get to the next person. In 5 that aspect, I could see it as just something to follow along, but not necessarily a requirement for them to speak. With the Planning 6 Board,we actually declared a time and they have a certain amount of time. Because of the Lawrence Road project,we got into a lot 7 of weeds,and everybody wanted to have their say. Talk about all sorts of things that were not relevant to zoning.After that meeting, 8 we kind of railed it all back in. I think that's kind of where Beth is coming from because she's just trying get that lined up, but I don't 9 think, in this aspect, that we could pin them down to a time other than an estimate as a benefit to us. I mean it's been 4 hours, and 10 you guys said you were going be done in an hour. What's going on? Why are we taking so long? 11 12 Nathan Robinson: I just think it introduces consternation because if we think it's going to be an hour. It's like if I'm a contractor, and 1 13 give a bad estimate of $100,000.00, and the real number should be 400, that just causes consternation because I gave a bad 14 estimate, and then it just shades the whole project. If I should have said 400, there would have been no consternation at all. 15 16 Beth Bronson: The thing is you are required to give an estimate. 17 18 Nathan Robinson:Yeah,but if I suck at giving an estimate,then it causes frustration. In this case,if we don't require an estimate,and 19 we say we want to hear your case and we want to be able to make a rational decision, here's your outline,and if they go off the track 20 on the outline,all of a sudden,they present ten people,then we're on it,then we can step in and say you guys are off the tracks. And 21 1 think it sounds like the goal is that you want to make sure people are on the tracks and not getting off track. 22 23 Beth Bronson: Correct. And I don't mind it if it's time limit or if it's outline or if it's predetermined presentation or within the 24 application. I am very open to this. I just want to make sure that we are 1) provided with the adequate information of what we're 25 about to receive from the applicant;and 2)that the public is aware of what they are about to receive from the applicant because that's 26 a two-fold. We get the agenda a week at a time. The public, it's also available to them, however, I think it's important to make it 27 known. 28 29 Cy Stober: A few things,and to get to James'point about what we can do in our administrative process. What Patrick referred 30 to earlier, is we already have that clarification on the application about if you have a simple variance that you can't meet a setback, 1 31 do think that those applications are likely to be less than a half hour, they will come to this body. You got a boulder on their side, or 32 you already can't meet the setback. There are some cases that could be very brief before this Board. I do think that, particularly, 33 attachment 2,which is the application and all of its materials, and I want to go to both the Nest and the Lawrence Road special use 34 permits, as examples, the environmental assessments in those packages would not, there was no expert testimony to speak to 35 those. The Nest did accommodate the request of the Wildlife Resources Commission for a larger buffer, as did Lawrence Road, but 36 they didn't have an expert testimony to speak to that element of their application. What we could do, in our discussions with the 37 applicants, and if it's in the Rules of Procedure,that may be a helpful backstop on this, is to require, but we could do it without a rule 38 change, is to just require some sort of acknowledgment to staff that we could convey to the Board on which elements will be 39 supported by expert testimony and we could also strongly encourage the applicants for the Planning Board or the Board of 40 Adjustment to provide their presentations, in advance,to be included in the application package. And I don't know if we can require 41 that, but we certainly can strongly encourage it. And then I do think, circling back around to the notification materials, for 42 quasi-judicial evidentiary hearings, we can do better and the last two hearings we have, we've improved upon them both, even 43 between the Nest and the Lawrence Road Project, but we will be including additional materials, including the standing application 44 and an FAQ sheet about what is required for standing at a quasi-judicial hearing and that'll be happening administratively. We've 45 gotten clear direction, both from the Manager's Office and from you all, that you'd like to see some changes there. So, we're 46 responding to that and very gladly. We're always trying to be as transparent and accessible as we can. This is also something that 47 Patrick and I have discussed at length. I think that all of that can be accomplished without a rule change. If you still wish to change 48 the rules,we can, but I think that we can begin changing our process and putting some extra asks on the applicant in preparation of 49 the hearing,so that you have more advanced notice of what to expect when they do arrive at this podium on the night of their hearing. 50 51 Leon Meyers: The consensus that I think I heard, on the Board, was to request the applicant to provide an outline of the 52 presentation for the hearing. Not a timed outline, but an outline that would allow the Board to have some idea about what to expect. 53 Did I get that right? Is everybody comfortable with that approach? 54 8 1 Beth Bronson: To the point that that could be provided in a timely manner. I don't know that that could be met because if you look 2 at the calendar,what has to be presented to staff to make it two months down the line, a lot can change in that presentation. 3 4 Leon Meyers: Good point. 5 6 Beth Bronson: I'm thinking if we got an outline within 48-hours or what have you. 7 8 Patrick Mallett: If the outline changes, I mean,we can make those adjustments quickly, as they come down the pike. 9 10 Beth Bronson: I don't want you guys to be caught off guard though. 11 12 Patrick Mallett: A couple thoughts here. There already is,sort of,a lid that's in the Rules and Procedure that says because based 13 on ad nauseam meetings going 'til 1:30 in the morning, we're going to 'tit 10 and then we're going take a motion and consciously 14 decide to make an adjustment. If you do the math on the back of the napkin, you got 3 hours to go through all the liturgical stuff we 15 do with the administration of the Board. Amend the minutes and all the other stuff that typically breaks out to a rule of thirds. You got 16 staff presentation and stuff for a case, and then case presentation by an applicant and,theoretically, another third that's discussion 17 from the public, and then deliberation, of course. At least, if we looked at that, in terms of the application, the outline, and then 18 articulated that out and encouraged the applicant, because you have stuff that is entered into the record. Not everything. The last 19 packet you had was what? 357 pages. You can have evidence entered. Written evidence and graphic evidence entered into the 20 record and accepted and then have a verbal,verbal testimony in evidence as a companion to that consideration. That's just me. Like 21 off the top of my head. 22 23 Beth Bronson: Absolutely, I think knowing that there's going to be three expert witnesses on one attachment verses three 24 attachments with no witnesses, no discussion, literally just for information such as the environmental quality reports and addendums 25 and all that stuff. Knowing that like 40 pages will not be discussed but knowing that 3 pages will bring three different expert witnesses 26 would be very helpful to the Board and to the public. 27 28 Patrick Mallett: With an understanding that things change up until the meeting opens and I decided at the last minute to bring to 29 bring the appraiser. 30 31 Leon Meyers: And I would just say that's going change after the meeting begins as well because the Board is going to jump in 32 likely on each of those witnesses as they go through their presentations with questions, and that's the part that I don't think we can 33 control. Let me just wrap that up and it sounds like no change to the Rules of Procedure, but staff will consider the practicality of 34 requesting an outline as part of the submittal process from the applicant understanding that it could get revised right up to the 35 beginning of the hearing. 36 37 Patrick Mallett: Yes.And then as the preparation for these cases is lengthy, but at least perhaps we could give a spitball estimate 38 and then have an understanding that the people that are signed up just the establishment of the standing part is probably going to 39 take up hours and this is probably not going to be a one meeting and done kind of deal. It's just that I would appreciate that if I was an 40 applicant. I would appreciate that if I was a Board member. I would appreciate that if I was a member of the public. 41 42 Beth Bronson: A hundred percent. I don't think we need to change Rules and Procedures for that. I do have a comment otherwise 43 but please go ahead, sorry. 44 45 Cy Stober: Mr. Chair, I just wanted to say among all the other work that we do in assembling especially special use permit 46 packages, this request is reasonable, very easy to do, and we will change our process to address it, as best we can with the 47 understanding that it is subject to change at the applicant's desire. 48 49 Leon Meyers: Good. Thank you, Beth you had something else on Rules and Procedures? 50 51 Beth Bronson: Only I wanted to comment on the Rules of Procedure. I just want to have it as discussion. I don't think we need to 52 make a motion to change anything at the moment, but I do want to hear one,from Board members and two,from counsel. Section 4, 53 Part L. At no time shall more than five members including alternates officially participate or vote in any meeting or hearing. I am just 54 hoping to understand some context as to why that is the case and why if seven members show up,seven can't participate. And then, 55 for Section 5, Part D,the quorum. The quorum of the Board necessary to conduct any business of the Board shall consist of at least 9 1 four board members. Now, in no way do I want anybody from left field with these because these are very fundamental to the Board 2 of Adjustment, but I do want to understand why we can't have more than five members if more than five members are present. And 3 then,two,why is it four when you need, I understand you need a 3/4ths majority and that wouldn't come with five, but I do feel like if 4 we have four and an alternate, an alternate doesn't actually count in which case the alternate should have a say because they are 5 present. So,thank you. 6 7 James Bryan: There's a couple different layers of stuff going on here. One is the statutes, what the state tells us to do. So, no 8 county can differ in that.Then what's sort of normal practice in every county. I would guess over 90 percent have got a five member 9 board and probably over 95 percent of cities and towns have got five member boards. That's just the number that everybody has. 10 11 Beth Bronson: For the record is what we have. 12 13 James Bryan: Yes. What everybody has settled on. Locally,the Board of County Commissioners,through the LIDO and through 14 their ordinances, can change that. Some jurisdictions, it's actually the elected board that also serves as the Board of Adjustment. 15 Sometimes it's the Planning Board that also serves, and then sometimes they have it like us, a totally autonomous and different 16 board. But whatever they set,that's what it is. So,this is a five member board. Now,you could have alternates,the idea of why you 17 would have an alternate is basically just to keep things moving. I was in a jurisdiction where we had three months in a row,they didn't 18 meet quota,and this was a company out of Texas that was flying in people from Texas three months in a row. Everybody was upset. 19 Nobody was happy about this. I wasn't happy because I hate night meetings. Business is not happy. Time is money,three months 20 in a row. Neighbors,they weren't happy. Nobody was happy. So that's why you pad it so it feels good. In our rules and procedures, 21 is a clarification of what I think the law is. Before I got here, they took a different approach. Reasonable minds can disagree, 1 22 suppose, but they had the alternate members not vote, but ask questions. I don't think that's legal. I think if you've got a five member 23 board, the people who are participating have full participation. You can't say that you can vote, but you can't ask questions. 24 Everybody who is in that participation gets full, and everybody who is not participating gets absolutely zero participation. And this 25 gets down to a very granular of sitting up on the dais and giving the impression to people of what it is because that's where you're 26 leaning on the quasi-judicial,the judicial part of it is that body language counts. The truth of the testimony. When you're questioning 27 somebody and you're listening to their voice, do you trust what this person is saying? It's the same thing with all the other parties, 28 looking up at the board. If there's five heads nodding or six heads nodding,that's different.This just makes it clear that whoever are 29 the five,four or five that are participating and the alternates if they're not participating then we ask them to sit in the gallery or they can 30 go home if they want. 31 32 Leon Meyers: But I think your question was if seven board of adjustment members are here, how can seven board of adjustment 33 members can't vote? Is that right? 34 35 Beth Bronson: He answered that in the sense that it's a five member body. Right? 36 37 Patrick Mallett: I'll just sort of go through some of the history. We're fortunate in the fact that we've,within one seat we've teetered 38 on a full board. There were years where we were struggling to keep four or four members, and if everybody didn't show up, game 39 over,and that's frustrating because you have to tell people have to reset the clock and make plans and adjustments. You also have 40 scenarios where just life happens. Somebody thought they were going to come,they couldn't,and there's somebody sitting thereon 41 the bench that,you know, put me in coach, and then can sit down and readily participate. I don't know that I've heard of a board of 42 adjustment that hadn't had alternates, but I think for good reason. 43 44 Beth Bronson: I think it's appropriate there's alternates. 45 46 Patrick Mallett: There is no set number for board members, but the items that you ticked off, L and Q,they're codified,so not only 47 if there was a change, but we would also have to do a text amendment to the UDO. 48 49 Beth Bronson: L and D of Section 5. 50 51 Patrick Mallett: Yes 52 53 Beth Bronson: And that actually does bring me to my last question or proposal of discussion,so a quorum of the board necessary 54 to conduct any business shall consist of at least four board members.The only thing that I would propose,or we could discuss is that 55 if,for any reason, a present board of five moves down to four,we should still have to proceed because we have a quorum. 10 1 2 Patrick Mallett: That's what I had verbally indicated before and anticipated you proposing that.And that is page 50. Section E, 3 conduct of meetings and Section F,voting and then some statement to that effect. 4 5 Beth Bronson: If a vote needs to take place, the only thing required should be a quorum. It should not matter how many people 6 started this meeting, it should not matter how many people have to leave the meeting, it should mean that we have a quorum, we 7 should be able to proceed with the meeting. 8 9 Nathan Robinson: Isn't that what it says in D?Where it says necessary to conduct any business?Isn't that already including because 10 it's conducting any business? 11 12 Patrick Mallett: Well, I think her point is to take it out of the world of ambiguity and subjectivity to definitively. 13 14 Beth Bronson: As long as there are four members,we proceed. 15 16 Adam Beeman: How do solve that if you get a 50/50 split? 17 18 Beth Bronson: You can't. You have to have 75 percent of the vote. 19 20 Adam Beeman: So that's what I'm saying though. 21 22 Beth Bronson: We continue discussion. 23 24 Nathan Robinson:Are you saying because of the example last time and the people who were presenting said they didn't want to go 25 with four people, is that what you're talking about? 26 27 Beth Bronson: Because we gave them the option. I don't think that should be an option. We have a quorum. We either call the 28 quorum five or we call the quorum four. 29 30 Nathan Robinson: This is calling it a quorum.Was it inappropriate then to give them that choice? 31 32 Beth Bronson: That's not a question that I can answer. 33 34 Nathan Robinson:The way it's written,a quorum means you can conduct business,so was it inappropriate to give them a choice? 1 35 think in that case it had started with five,that was the problem, because it started with five and I wasn't there,and so it went down to 36 four. 37 38 Beth Bronson: It started with five and somebody recused and went down to four. 39 40 James Bryan: I'll start with just saying, I would recommend the Board leaving this alone and the particular question where the 41 continuing it both times was legal, that perfectly legal to do it. Giving the parties input on that is fine. That was legal. I think there's 42 a lot of different scenarios that could come up,and I don't want to be too focused in my own mind about what did happen, but rather 43 what could have happened, and one thing in particular is that it is different between the SUPs and appeals and variances. With 44 variances, you'll have four-fifth votes required, and if you don't have the four fifths, it will fail, so that means you could have three 45 versus two and it will fail. So those are very weird scenarios, again it's above the rules of procedures, it's above the Board of 46 Commissioners with the UDO. That's statutory. That's the state telling us that variances are different and for that I wouldn't mess 47 with the rules. I would leave it as it is now that it's the Board's discretion at the time. There may be cases in the future where there's 48 very good reasons for it. It might be a variance, it might be a variance that has highly technical information,well water or something 49 like that,and it might be during December or January with a snow storm,and you might have something where they've already come 50 up and said we're anticipating that this is going to be a 3-hour hearing because we've got a lot of experts and the room is full. The 51 neighbors have hired attorneys,they're going to be full,so this is going to be over two nights,so because it's over two nights we want 52 to start with five people so if somebody's absent the second time we can vote instead of having it,who knows? 53 11 1 Beth Bronson: I understand that completely and I can appreciate. I think it gets back to being present for these meetings and 2 these volunteer positions just requiring your time. Obviously,we can't anticipate everything that's going to happen, but should there 3 be a four-fifths vote needed. I feel like we can continue with four. 4 5 James Bryan: You'll have that opportunity each time and you could set that expectation at the beginning with the public. I think 6 the best course is don't tie your hands unnecessarily with changing this, but that's probably fine to start the meeting and say this is 7 what we're going to do. We are going to ask you or we're not going to ask you,we're going to do this,we're not going to do this 8 you know, whatever you want and that probably does save some heartburn rather than telling people at 10:00, you know, what's 9 going to happen. 10 11 Beth Bronson: And to that point, I think it's onus of the Board to say, I understand what you would request. I'd like to make a 12 motion that we continue for the reason that we have four here.And then we could make that vote. That's what I'm hearing you say. 13 Thank you. 14 15 Patrick Mallett: The other context is this Board,we've got seats filled.We struggled to have just the bare minimum filled and then 16 we had what was sporadic attendance. Quite honestly, I think that this Board does a very good job showing up. Thank you all for the 17 service. I appreciate that. The people being here matters and everyone that is currently on this Board I think recognizes that, 18 especially based on recent cases and experience. 19 20 Beth Bronson: And recent attendance rates. It's just very important. If you are a permanent member. I appreciate the discussion, 21 everybody. It's not that I'm trying to push anything specific, and it's having to do with just making sure that we are all on the same 22 page. 23 24 Nathan Robinson: It's a good question about the five-member thing,too. 25 26 Beth Bronson: Thank you. 27 28 Leon Meyers: Any other thoughts on that topic before we move on? And I want to pause for a minute. I'm just going to go, but 1 29 recognize you in the audience and there may be other folks that are interested in speaking to some of these topics. One of the things 30 that we haven't yet talked about is the statement of standing form that is going to get some additional attention and that will probably 31 include a discussion about how that gets disseminated as part of the notice for future cases. And any of you folks care to speak this 32 evening? Do you have anything that the board needs to hear? 33 34 Matt McDermott: My intent was to have a discussion about obviously the events that took place during the review and ultimate 35 opinion and vote that was cast regarding Lawrence Road. I will run this question by James because of a concern that may exist is we 36 are within the appeals time frame, so I'm in a little bit of a dilemma because I am going to provide perspective as I see it regarding 37 why I thought the procedure was wrong. Will I be allowed to do that with the understanding that the board does not have to respond 38 to my comments? 39 40 James Bryan: I'll respond. This is a very odd situation. The most Boards of Adjustments do not control their own rules of 41 procedure. It's usually the governing board that gives them their rules and procedure. You don't normally meet like this, and you 42 don't normally have members of the public ever address the board. It's within your prerogative, I'm not going to it doesn't give me too 43 much heartburn but speaking about a case that does, is still pending, does give me a little heartburn that it would be ex parte 44 communication. 45 46 Matt McDermott: Maybe I'll just suggest that you think about speaking to the board after the time period has, the petition appeal 47 period has passed? Would that work? I have another idea to the extent it's receptive. It's a prepared statement. I can leave this with 48 the planning department. You all won't meet again until after the time frame. The appeal time frame is expired on January 5th at 49 which time I can come back,we can address this or I can come back and we can have a conversation.At a minimum, I would like to 50 discuss the form of standing and why I think that's missing a vital element. 51 52 Beth Bronson: I would just hesitate against hearing anything about any pending case. And I appreciate that because it's not that 53 as a member, you know, like we do not want to hear how you feel about our rules or procedures or how, how you would want to 54 address the commissioners on what they could do or what they could recommend or what the Board of Adjustment could recommend 55 for changes, right? But in the sense that it may relate to an active case, and even if you only spoke to the rules or procedures. And 12 1 only referred to sections that would be one thing. But if there is a section in that rules or procedure that you felt might've been 2 violated or you felt might've been something to bring up in a future case, I don't want to know anything about that right now until after 3 that process is over. Does that make sense? 4 5 Matt McDermott: It does, and I understand the dilemma here. 6 7 Leon Meyers: If you have something to say about the statement of standing,then as far as I'm concerned,that is not a conflict for 8 the cases at safe. James,would you like to tell us your thoughts on the statement of standing? 9 10 Matt McDermott: Sure. My thoughts, and this is going to go to a segment within this speech. 11 12 Beth Bronson: Which can be included in next month's meeting agenda or communications of it need to be after that period of 13 January 5th. 14 15 Matt McDermott: Obviously, the obligation to prove standing was one that was let's say,tense. I reviewed North Carolina General 16 Statue 160D-406 talks to quasi-judicial procedure, Item No. D specifically. Presentation of evidence. The applicant, the local 17 government and any person who would have standing to appeal the decision under General Statute 160D-1402C shall have the right 18 to participate as a party at the evidentiary hearing. Other witnesses may present competent material substantial evidence that is not 19 repetitive as allowed by the board. Similarly, in the LIDO §2.12.3, Evidence and Testimony, states the following: Subsection A, 20 Interested Parties and Objections. Item No. 1, any interested party shall be permitted to present evidence or testimony cross 21 examine witnesses, inspect documents, and offer evidence of testimony in explanation or rebuttal. Note, all individuals expressing 22 opposition to the special use permit request were not found to have standing by the board. So, by default,we were deemed not to be 23 an interested party. 24 25 Nathan Robinson: I think we're talking about the case now. 26 27 Leon Meyers: If you, if you could limit your comments to the, um, statement of standing form,then,then I think we're all going to 28 be safe there and interested in your input as briefly as you can, please. 29 30 Matt McDermott: So, the standing of form ignores the fact that you all have the option to accept other testimony with, outside of 31 standing and there's nothing in this form that states that. It talks to nothing about, but specifically standing,where that is not the only 32 option afforded. 33 34 Leon Meyers: You're exactly right and that's my understanding for what that's worth also of the statute and in its guidelines. The 35 advice that we have from the County Attorney is that the board can hear testimony from witnesses who have not established standing 36 for the case, but the board may not consider that testimony in its decision. The choice is for the board to hear testimony that it can't 37 consider in deciding the case or to limit testimony to witnesses with standing only. And this form and the direction of the board right 38 now at least is to limit witnesses, limit testimony to witnesses with standing for that reason. 39 40 Matt McDermott: Why would prescribed law say you have this option if it weren't something that the authors intended for you to use 41 as consideration. 42 43 Leon Meyers: Right. And it is certainly an option. But, if you imagine being in a board seat hearing testimony that the statute 44 prohibits you from considering in deciding a case,that's, that's a very difficult situation for the board to be in. 45 46 Matt McDermott: But you could accept that,that risk,that challenge if the facts presented to you made sense,you in turn question 47 the applicant. This is a concern. Please, please explain to me why that is an unfounded concern. 48 49 Leon Meyers: Yes. If you have a legal opinion that indicates that testimony from witnesses whose standing hasn't been 50 established can be considered by a Board of Adjustment in deciding a case,then I think that would make a difference. For me right 51 now, hearing one witness or lots of witnesses whose testimony I can't consider is not helpful. 52 53 Matt McDermott: I think I'm missing the point. 54 13 1 Nathan Robinson: I think he's saying that I think I heard you say, Leon, that if Matt were to have a legal opinion, to support his 2 position,then that would be something we could consider. Is that what you said? Like a legal thing. 3 4 Leon Meyers: The board is operating on the legal opinion of the County Attorney staff. And you're interpreting the statute and, 5 and I don't question your legal background or anything,but I think we have to go with the County Attorney's understanding of how the 6 statute applies to the Board of Adjustment. 7 8 Matt McDermott:By way of example,if,if the leeway were forwarded to say yes,the statute says we can hear and consider testimony 9 from other witnesses as you so choose and as a part of that testimony, I'm going to go back to a similar theme, right? The underlying 10 obligation of county, the state, promote public health, safety, and the well-being. If I were to come forward with testimony that said 11 this is a problem because it violates one or two, one or more of the following three conditions. That wouldn't be considered? 12 13 Leon Meyers: If you were, had established standing in the case then it would be evidence that the board would absolutely 14 consider. 15 16 Beth Bronson: Think we're running circles here though. 17 18 Leon Meyers: We are. 19 20 Beth Bronson: And it's what, and, and to that point, I think that what we discussed earlier about the application process and the 21 public hearing process and making sure that one, that the public is aware of the requirements of standing in the sense that it, any 22 public hearing, it will need to be brought forth that anybody who has a rebuttal or who would like to cross-examine or who would like 23 to, besides the applicant, make a statement of standing. Because the applicant has standing,and they are invested in this property. 24 They have invested or they invested in this application,they have invested in whatever use variance, however they would like,so it is 25 their presentation that we are hearing,and it is public that is,that is hearing it as well and this quasi-judicial board. This board has to 26 adhere to what the rules and procedure for hearing the applicant are, however,that is not to say that we shouldn't consider those in 27 the public. 28 29 Matt McDermott: Which is what I'm saying. 30 31 Beth Bronson: 100 percent. And if you remember,we did have to make a motion on standing. And I think that's where it goes 32 from a circle to,we could kind of go forward and say they need to. 33 34 Leon Meyers: We could hear everybody who shows up. It's just that what they have to say, we can't consider in deciding the 35 case. 36 37 Patrick Mallett: I think it's an obviously distinction that may not be apparent.So,you have legal standing and that's a consideration. 38 That's to be established. And that's what this is. If you can prove that for the benefit of all,applicant's health,whatever,that standing 39 is, is run through and processed with the applicant as well and,and their proof that they have standing in the case. That's fairly easy. 40 But you also have competent material,substantial testimony, and evidence. Standing is a way for to have certain cross examination 41 rights. 42 43 Beth Bronson: I do think that it's objective to a point. 44 45 Matt McDermott: Correct. I understand the difference. Standing affords you a whole number of other benefits.As a noninterest,but 46 a member of the public. 47 48 Beth Bronson: I think in a legal interest of party though. As far as a legal interest, maybe not. But there are other things that 49 might qualify you for standing. 50 51 Leon Meyers: We have one more item on the agenda here and that the standing form. I don't know whether you've had a chance 52 to look at that. 53 14 1 Matt McDermott: Briefly, but I was quickly looking for that. Even if you do not satisfy the definition of standing, depending on the 2 materials you bring forward, factual, non-repetitive, you know, the list of things that have to be adhered to, we will listen to those 3 conversations. We will deem you a witness and give that consideration. 4 5 James Bryan: If I could interject,at least there's been a little confusion.Any witness the board can rely on,no matter who calls the 6 witness. I do recommend not letting anybody come up and testify because it probably won't be competent material and substantial 7 evidence and that is a huge risk to the validity of the decision. One additional point to that is the difference between evidence which 8 includes testimony and documents versus arguments. Arguments is way different and a witness does not give arguments. So if you 9 were to do it how we do it,the attorneys swear in,because it's better safe than sorry and everybody sort of just does it. It doesn't cost 10 anything to raising your hand swear. But by practice, attorneys do not swear in because attorneys do not testify. They do not give 11 evidence. They give arguments and hey would never call a witness to give arguments. That's irrelevant,that's immaterial,that's not 12 substantial,that should be objected to and struck down. I think with those two clarifications, I'm sorry for interjecting but, hopefully, 13 that clarifies a little bit. 14 15 Beth Bronson: I do appreciate that, it does play into the comment that I was going to make. I don't want to interrupt anybody else 16 because I've taken too much time talking. Does anybody else have a comment that they want to add to this? 17 18 Matt McDermott: Yes, I saw that you posted your 2024 calendar which I believe is one of the line items here discussing tonight. 19 20 Beth Bronson: Mr. McDermott, I just want to make sure and to the board,too and to James underlying what we are talking about 21 in under NC law and court decision,we cannot consider evidence if they have not established standing, as you said Leon. 22 23 Leon Meyers: That's what's written in the standing form because it's my understanding of what is the case. James, is that, is that 24 correct? 25 26 Beth Bronson: Maybe I really should just stop there and let's go over this agenda item. 27 28 Patrick Mallett: Knowing that this is a thing and something that's,there's always room for improvement,we're focusing just on the 29 form and the form as it is which is Pages 53, 54. Then we move on to some variations that could be made to that form. For the 30 purpose of making, it clear,concise, more informative for all the parties,making it understandable,stripping out as much as possible 31 the technical aspects of it and perhaps adding something like a back sheet about and any flow charts, if necessary, some way to 32 communicate what this piece of the puzzle is to the applicant and the general public. You see some language in here that's proposed 33 and red. Your paper copies are in black and white. Pardon me, but the online version has the red. 34 35 Leon Meyers: Page 53 and all of these are statement of standing, but the last one that begins on 57 is really an FAQ right? 36 37 Patrick Mallett: Yes. 38 39 Leon Meyers: Then what is the difference between what begins on 53 and what begins on 55? 40 41 Patrick Mallett: Page 53 is the form that you have,that we've formulated very recently and that continues to Page 54.On Page 55 42 insert some language here that it's the beginning of existing document,insert that and then insert some references here at the bottom 43 on a separate page, but the point being these are the tick marks that fall back for legal standing and then an explanation of that and 44 then some more specificity on things like special damages to other partials. The items in red are not included in what our current 45 iteration of this form that is entire above and beyond it, this is at staffs collaboration with legal. We feel like this is an appropriate 46 thing to use. We have not used this in the past. This is not an absolute state requirement that we have such a form. It's not in the 47 UDO that we have such a form, but we think that it's relevant and an important tool. And one of the lessons learned I've learned in 48 recent cases is if we have this very complicated process quasi-judicial thing, perhaps this type of thing could be included with the 49 case number and notifications and so on my end point taken just like we need to have statements about language translation, 50 interpretative services and so on and so forth, so we're trying to improve the process. It's never going to be perfect, and it's never 51 going to be suited to every person, shape, thing,or circumstance. 52 Leon Meyers: James,you were about to say something? 53 54 James Bryan: Yes. To clarify,the difference between 53 and 55, 53 is what staff wrote and it tracks all the different possibilities. 55 Page 55 is something I drafted, and it simplifies it because while 53 is more accurate because it includes everything, I think the 15 1 average lay person it'd be overwhelming to read all that. Page 55 is just sample statements. Remember when we had a few nights' 2 meetings ago,staying into night,you're tired and what do I say for the vote? What's the wording for it? This is the wording,they just 3 have to pick which one it is, and it makes it a little bit easier. I think you'll remember in past cases people were confused about 4 owning the property because the statute is that you have to own the subject property,and the statute goes into it that you could be the 5 owner of the property,or you can have an easement over the property,and there's actually a lot of different types of easements and 6 access rights and that's never the case. It's just more confusing than anything, but this would these are your options of what you 7 could,the magic words that we're looking for to switch one, and then it has gotten notes that you're going to need an expert opinion 8 if you're basing this on something that requires an appraiser or a vehicle analysis, and those are statutory carve outs for it. I would 9 also just have a caveat that my personal opinion is that all of this is best done by staff. I don't think that this board needs to get into 10 the weeds with anything, and you've heard right from the start that staff is well aware from management of this board and staff has 11 particularly the last two, three years really tried to up their game on getting the information out there, and it's just about getting it in 12 layman's terms and getting it to people as soon as possible and frequently in the process because the process does take so long. 13 Get it at the neighbor information meeting, going to get at the mailings, going to get online, going to get in newspaper stories, 14 whatever you have it. Ultimately what it's going to be,what you've heard in many cases,what the many neighbors say is that we had 15 to pool our resources and hire an attorney to do it because this is a quasi-judicial hearing and that's the best advice that the staff can 16 give to the public. 17 18 Leon Meyers: This time is on the agenda because board members had concerns during the hearing about being sure that there 19 was adequate information in the public before the hearing, so any thoughts about how, staff is going to make some changes to this 20 I'm sure, but does this seem adequate and appropriate to board members as notice to folks who have an interest in the hearing? 21 22 Adam Beeman: I would say if there's some way that they could post it in a big sign or something at the NIM so folks that do show 23 up out the gate, I need to pay attention to that,and they can move forward as far out as possible,and the same thing that Patrick said, 24 send it out with their notices when they're notified you're an adjacent property owner, make sure that there's a link in there,or some 25 way that they can find out the information that's pertinent to that standing because a lot of those folks could have come up with 26 standing had they took the time to actually get the fresh one. If you can get it out to them as soon as possible,then that's probably the 27 best thing that's possible because it's an expense that they're going to have to spend. If they want to find it,they're going to have to 28 spend the money. 29 30 Beth Bronson: I think a good example is what happened over in West Eno under the Durham County. They've been going 31 through this for months now, and I don't know if it's even on hold or not. Completely unrelated to Orange County. It was the 32 neighborhood that was most effected, such as the neighborhood that had an ingress and egress on Lawrence Road where that 33 development was going. They did end up hiring a lawyer. They did have a case and so they were able to do cross examinations and 34 rebuttals and so they did have that was timely,costly. It was expensive and it was time consuming.That said,it was done in the most 35 outright procedural way that it could be done. 36 37 Patrick Mallett: Let me just say that like when we have initial inquiries or discussions from applicants or the public, we always 38 advise you probably want to seek legal counsel because this is probably above the normal skill set and requires the help of an 39 attorney. That's just an unfortunate reality and we deal with the sandwich that was brought to us and that sandwich is the law. 40 41 Beth Bronson: Gives 45 days to the public to know that they have a month and a half to develop standards. 42 43 Patrick Mallett: We have you have two mailings that would occur. You a notification for a NIM. 44 45 Beth Bronson: Yes. The notification to the property owners and then the posted sign. 46 47 Leon Meyers: Any other comments, questions, suggestions on statement of standing? 48 49 Matt McDermott: With respect to the form or any forms that are mailed out to effected parties, could that be bilingual, specifically 50 English and Spanish? 51 52 Leon Meyers: I don't know the answer to that. Cy can probably tell us whether that's practical. 53 54 Cy Stober: We provide for translation services, but given, so for the notices for the Planning Board meeting,we can prepare 55 those in advance, but given the statutory compliance for getting the evidentiary hearing I place, it's unlikely. We don't have internal 16 1 translation services at the county. Certainly,the packet can't be translated. We are working,and we did provide translated materials, 2 and we're working with a new vendor to try to be more nimble, but we have no internal resources to provide that service, and we're 3 seeking external resources as best we can. We're trying to meet that request and that public request, not just for this board but for all 4 the work we do. 5 6 Leon Meyers: I understand. Thank you. 7 8 Beth Bronson: And I would just say those attachments for Agenda No. 5, those could be posted on the Board of Adjustment 9 website. 10 11 Cy Stober: I also want to be clear that we have spent significant resources in translating all applications and making sure that 12 our website is all translatable. There are some challenges with our permitting portal, but we have translated materials for all of our 13 standing applications. For the more customized materials, such as public notifications, again, it's more about the timing. It's not 14 about the cost. So, let me make that clear. It's about being,staying on the time line for the project at hand,and I think also lessons 15 learned, is how can we anticipate that need and have that vendor set up to meet it without having internal resources here at the 16 county similar to what we needed to do for interpretive services at the hearing itself,and we're kind of,we're trying to problem solve 17 that, but it's more a matter of timing than the actual putting it all together. Just wanted to be clear on that. 18 19 Patrick Mallett: I said at the beginning which is we just have the notices. There's a statement that we've now crafted in Spanish. 20 You can request translation or interpretation services. 21 22 Beth Bronson: Should you want to know more, please contact for bilingual services. I think that is fantastic because it could be on 23 a case-by-case basis. 24 25 Patrick Mallett: It's not necessary or needed to or wanted it every single case. But we please ask for that two weeks in advance of 26 the stated meeting. 27 28 Leon Meyers: All right. Any other business? We are adjourned. 29 30 AGENDA ITEM 6:ADJOURNMENT 31 The meeting was adjourned at 8:47 p.m. 32 33 34 LEON MEYERS,CHAIR 35 17 ORANGE COUNTY BOARD OF ADJUSTMENT EVIDENTIARY HEARING AGENDA ITEM ABSTRACT Meeting Date: May 8, 2024 Action Agenda Item No. A-1-24 SUBJECT: Special Use Permit request proposing Cemetery at PIN 9767-26-1613, located at 2560 Jones Ferry Road, in Chapel Hill Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application Package, including Site Plan Ashley Moncado, Planner III, 919-245-2589 and Supplemental Materials Taylor Perschau Current Planning and Zoning 2. Staff Report Manager, 919-245-2597 3. Neighborhood Information Meeting Cy Stober, Planning and Inspections Director Materials 919-245-2592 4. Notification Materials and Certification 5. Project Correspondence and Development Advisory Committee Comments 6. Findings of Fact PURPOSE: To hold a quasi-judicial evidentiary hearing, receive sworn testimony and evidence, and take action on a Special Use Permit 24-0005 (hereafter "SUP") application proposing the expansion of an existing cemetery on +/- 6.59 acres of a +/- 10.27 acres (PIN 9767-26-1613). The parcel is located at 2560 Jones Ferry Road, within the Chapel Hill Township, in accordance with the following Unified Development Ordinance provisions: • Section 2.7: Special Use Permits, • Section 5.2: Table of Permitted Uses; • Section 5.3.2:Application of Use Standards— Special Uses, • Section 5.6.2: Cemetery. BACKGROUND: On February 16, 2024, a Special Use Permit application (Attachment 1) was received to utilize the property to operate and expand the existing Judea Reform Congregation Cemetery (Use #62C, Table of Permitted Uses) located within a +/- 6.59 acre portion of a +/- 10.27 acre parcel. As detailed within the application, the permit area will include 784 additional burial plots and extend the existing gravel driveway. The remaining 3.68 acre portion of the parcel located outside of the designated SUP acre is not included with the Special Use Permit request. The Staff Report in (Attachment 2) contains additional information, maps, and staff analysis. Basic Review Process: A Special Use Permit application requires submission of a site plan and other documents, in accordance with Section 2.7.3 of the UDO: 0 FIRST ACTION — Staff Review/Analysis Begins 18 STAFF COMMENT: An analysis of the application was made by qualified representatives of the County and other agencies or officials. • SECOND ACTION —Applicant holds a Neighborhood Information Meeting (NIM). STAFF COMMENT: The NIM was held on March 17, 2024, at 3:00 p.m. at Judea Reform Congregation Cemetery, 2560 Jones Ferry Road, Chapel Hill, NC. Summary meeting materials are contained in Attachment 3. • THIRD ACTION — Development Advisory Committee Review/Analysis Begins STAFF COMMENT: The Orange County Development Advisory Committee (DAC) met on March 7, 2024, to review this application. The DAC has no objections to the approval of the Special Use Permit so long as the items in the attached departmental memos (Attachment 5) are addressed. • FOURTH ACTION — The Board Of Adjustment holds a quasi-judicial hearing, hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes a determination with findings of fact supported by competent, substantial, and material evidence. STAFF COMMENT: The evidentiary hearing is anticipated to be held on May 8, 2024. A formal application is required as part of a Special Use Permit request and has been submitted (Attachment 1). Approval of the application is part of the Special Use Permit process and shall include making appropriate findings of fact stating that the Board concludes all applicable standards have been met. Public Notification(s): In accordance with Section 2.7.6 of the UDO, notices of the Evidentiary Hearing were mailed via first class mail to all adjacent property owners of the subject parcel. These notices were mailed on April 23, 2024, 15 days before the meeting. Staff also posted the property with signs on April 24, 2024, 14 days before the meeting. See Attachment 4 for the notification materials. Planning Director's Comments: The Planning Director has determined the application satisfies established submittal requirements, and there is sufficient documentation demonstrating general compliance with established development standards as detailed in Section 5.6.2 of the UDO; Staff does not make a formal recommendation on the approval of the application or on the compliance of the project with the general standards in Section 5.3.2(A)(2). The Board of Adjustment must determine if: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these 19 regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. In addition, the Board shall make findings certifying that the application is compliant with the following specific standards: (1) Specific standards for the submission of Special Use Permit applications as outlined within Section(s) 2.2 and 2.7 of the UDO. (2) Section 5.3.2(B) relating to the method and adequacy of the provision of: a. Sewage disposal facilities, solid waste, and water; b. Police, fire, and rescue squad protection; c. Vehicular access to the site and traffic conditions around the site; and d. Other use specific standards as set forth. (3) Specific regulations governing the development of Cemeteries as set forth in Section 5.6.2 of the UDO. Per Section 2.7.11(A) of the UDO, The Board of Adjustment may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided. Attachment 1 20 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningapps(@orangecountync.gov Special Use Permit Application Please check all applicable boxes and complete the required documentation. Additional information and submittal requirements are contained in Section 2.7 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. The Orange County Board of Adjustment shall approve or deny Special Use Permit applications as provided for within the Unified Development Ordinance (UDO)with a majority vote. The applicant must provide material, competent, and substantial evidence for each standard required by the UDO. Please check all applicable boxes and complete the required documentation. Date: February 15, 2024 Contact Information Property Owner(s): Judea Reform Congregation Cemetery Corporation Mailing Address: 1933 W. Cornwallis Road Durham, NC 27705 Phone: 919-923-6259 Email: cemetery@judeareform.org Applicant (if different than property owner): with copy to: ratalish@gmail.com Mailing Address: Phone: Email: Property Information Parcel ID Number (PIN): 9767261613 Address: 2560 Jones Ferry Road Chapel Hill, NC 27516 Zoning: RB (Rural Buffer) Watershed: University Lake Protected Certification and Signatures I, Bruce J. Boehm , have standing as described in Exhibit A and hereby request the Board of Adjustment to conduct an evidentiary hearing on my permit application, a use described, and limited as described, in Exhibit B. I anticipate the presentation of evidence to be: ❑ Thirty (30) minutes or less, and understand Exhibits C, D, E and F are optional. IXI More than thirty (30) minutes and have included the following: ■ A listing of intended evidence (Exhibit C), ■ Proposed Findings of Fact (Exhibit D), ■ Proposed Conditions (Exhibit E), and ■ Proposed Order (Exhibit F). STATEMENT BY APPLICANT: I certify that the information presented by me in this application is accurate to the best of my knowledge, information, and belief. Owner Sign ture(s) Applicant Signature (if different from owner) Bruce J. Boehm, co-President, Judea Reform Congregation Cemetery Corporation Date Feb. 15, 2024 Date 21 Exhibit A— Statement of Standing I am the sole owner of the property subject to this application. ❑ I have attached notarized letters authorizing this submittal from all entities or individuals with ownership rights to the property. Property Owner Information Name: Judea Reform Congregation Cemetery Corporation Address: 1933 W. Cornwallis Road Durham, NC 27705 Home Phone: 919-923-6259 Cell Phone: Email: cemetery@judeareform.org with copy to: ratalish@gmail.com Applicant Information X Same as owner Name: Address: Home Phone: Cell Phone: Email: Agent Information Name: LeAnn Nease Brown Address: 101 North Columbia Street Chapel Hill, NC 27514 Phone: 919-968-1111 ext. 141 Cell Phone: Email: Inease@brownandbunch.com Law Firm Name: Brown & Bunch, PLLC Bar Number: 12501 Note: Only attorneys may serve as agents during quasi-judicial hearings. Realtors, surveyors and other professionals may not apply or make arguments on behalf of owners. Exhibit B — Narrative of Proposed Land Use Insert and label as "Exhibit B" a narrative description of the proposed land use. Include a detailed description of the proposed use of property, including an outline of the proposed operational characteristics of the proposed development. Also, include descriptions of structural components such as the basic size, form, and character of the buildings shown on the site plan. Exhibit B is attached 22 Exhibit C — Intended Evidence I intend to introduce the following document and have attached it follows: Exhibit C-1: Project Drawings; Exhibit C-2: Property Valuation Opinion; Exhibit C-3: Environmental Assessment; Exhibit C-4: Preliminary Stormwater Impact Analysis; and Exhibit C-5: Site Photos. This is relevant to standards from Unified Development Ordinance (UDO) Sections: All applicable portions of Section 2.7, Section 5.3.2, Section 5.6.2, and Sections 6.3 through 6.17. It demonstrates that: based on the information provided, the Board will be able to make the required findings to support approval of the requested Special Use Permit for the proposed Cemetery use. Intend to call the following as a lay witness: Lay Witness #1: Bruce J. Boehm or Ed Holland, to be determined based on availability at the time of the hearing Their intended testimony has been included in an affidavit attached as Exhibit: Exhibits B and D This witness has personal knowledge of and will testify about: Testifying as a Director of the Corporation to describe current and proposed operation of the cemetery, as well as plans for establishing additional burial sites on the property. This testimony is relevant to standards from UDO Sections: All applicable portions of Section 2.7, Section 5.3.2, Section 5.6.2, and Sections 6.3 through 6.17. The testimony will demonstrate that: based on the information provided, the Board will be able to make the required findings to support approval of the requested Special Use Permit for the proposed Cemetery use. Intend to call the following as an expert witness: Expert Witness #1: Tony M. Whitaker, N.C. Professional Engineer#014999 Is being offered as an expert in: site planning and civil engineering They possess specialized knowledge in this field through the following training and/or experience: Mr. Whitaker has 39 years experience in site planning and civil engineering on hundreds of site development projects in North Carolina, including many projects in Orange County. They reviewed or examined the following data: Reviewed physical characteristics of the property and applicable regulatory requirements, as well as development opportunities for reasonable and responsible use of the property. 23 They used the following method of analysis when reviewing that data: Applied industry standards and professional practices to assure compliance with regulatory requirements and best practices of the industry. This expert opinion is relevant the standard at UDO Section 5.6.2, and applicable portions of Sections 6.3 - 6.17. It demonstrates that: the proposed use, if developed and operated in accordance with the application materials as submitted, will maintain or promote the public health, safety, and general welfare; will be in compliance with the plan for physical development of the County; and will comply with all applicable portions of the Orange County Unified Development Ordinance. Their intended testimony has been included in an affidavit attached as Exhibit: C-1, C-3, C-4 (attach additional sheets as necessary) Expert Witness #1 : Gary Phillips Is being offered as an expert in: Real estate valuation They possess specialized knowledge in this field through the following training and/or experience: Mr. Phillips has more than forty years experience in the local real estate industry including providing professional services including brokerage, appraisals, land use, and conservation work. They reviewed or examined the following data: Review of published studies about cemetery impacts on neighborhood property values They used the following method of analysis when reviewing that data: Evaluation of published studies by others, supported by four decades of personal experience in the industry as a real estate professional This expert opinion is relevant the standard at UDO Section: 5.3.2(A)(2)(b) It demonstrates that: The use will maintain or enhance the value of contiguous property Their intended testimony has been included in an affidavit attached as Exhibit: 24 See Exhibit D -Applicant's Statement of Compliance The Applicant shall be required to provide the proposed findings of fact for the project based on the specific development standards for a proposed land use as detailed in Article 5 of the UDO as well as the general findings as contained in Section 5.3.2 of the UDO: UDO SUPPORTING # REQUIREMENT Section EVIDENCE Condition # (Finding of Fact Application Components and Required Submittal Information: 1. Proper forms 2.2 Included in package 2. Fees paid 2.2.4(D) Receipt provided Full description of use ■ Location Exhibits B, C-1, C-3, 3' Appearance 2.7.3(B)(1) c-5, and D ■ Operational characteristics 4. Owner Information 2.7.3(B)(2) Application form Information needed for Use Exhibits B, C-1, C-2, 5' Standards 2.7.3(B)(3) C-3, C-4, C-5 and D 6. Site Plans 2.7.3(B)(4) Included as Exhibit C-1 7. List of parcels within 1,000 feet 2.7.3(B)(5) Included in package 8. Elevations of all structures 2.7.3(B)(6) No structures proposed 9' EIS)Environmental Assessment (or 2.7.3(B)(7) Included as Exhibit C-3 10. Method of Debris Disposal 2.7.3(B)(8) Note on Grading Plan 11. Development Schedule 2.7.3(B)(9) Exhibits C-1 and D 12. Extended Vesting Request 2.7.3(B)(10) No vesting requested Notification Requirements: Public Notice 2.7.6(A) 13. Date By Orange County • Time ■ Place 14. Sign Posting on Property (at least 2.7.6(A)(2) By Orange County 10 days prior) Mailed Notice 2.7.6(A)(1) ■ Certified mail By Orange County 15. ■ All adjacent property owners (within 1,000 feet) ■ Not less than fifteen days prior Specific Standards: Waste Disposal 5.3.2(B)(1) 16. Method and adequacy of provision Exhibits C-1 and D for sewage disposal facilities, solid waste and water service. Safety 5.3.2(B)(2) 17. Method and adequacy of police, fire Exhibit D and rescue squad protection. Vehicle Access 5.3.2(B)(3) 25 18 Method and adequacy of vehicle Exhibits C-1, C-5 access to the site and traffic and D conditions around the site. Specific Development Standards for Proposed Land Use (Article 5)*: Evidence regarding NCGS Chapter 65 5.6.2(A)(1)(a) Exhibit D Evidence regarding Stds. of Evaluation 5.6.2(A)(2) Exhibits B, C-1, C-2, C-3, CA C-5 and D *The applicant is responsible for completing this section, identitying all development requirements/standards a proposed land use is required to abide by, and provide sufficient detail documenting what evidence has been submitted documenting compliance. An application shall be considered incomplete without the proposed Findings of Fact completed by the applicant SUPPORTING General Standards UDO Section EVIDENCE Condition # (Finding of Fact The use will maintain or 5.3.2(A)(2)(a) promote the public health, safety and Exhibits B, C-1, C-2, C-3, C-4, C-5 and D general welfare The use will maintain or 5.3.2(A)(2)(b) enhance the value of contiguous property Exhibit C-2 (unless the use is a public necessity) The use will be in 5.3.2(A)(2)(c) harmony with the area and is in compliance with Exhibits B, C-1 and D the Comprehensive Plan. 26 Exhibit E — Proposed Conditions The BOCC must deny the permit if any standard cannot be met either by a showing of evidence or by a condition placed upon the permit. Staff has included the general conditions required for all Special Use Permits, as detailed within the UDO. Please list any proposed conditions which may be necessary for the BOCC to find that all standards will be met. 1. For public safety as required in 5.3.2(B)(2) of the UDO, final assignment of a street address shall be completed by Orange County Land Records prior to the issuance of any permit authorizing land disturbing activity on the property in accordance with the Orange County Addressing Ordinance. 2. Per Section 2.5 of the UDO, the applicant shall obtain all necessary development permits from the County prior to the initiation of any land disturbing activity associated with the construction of the proposed use including, but not limited to: Building Permit, Land Disturbance Permit (LDP), Solid Waste Management Permit, and Zoning Compliance Permit. 3. In accordance with the provisions of Section 2.7.11 (C) of the UDO, if any condition of this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be void in its entirety and of no effect. 4. In accordance with the provisions of Section 2.7.11 (D) of the UDO, the Special Use Permit will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of Adjustment. 27 Exhibit F — Proposed Order: FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY Judea Reform Congregation Cemetery Corporation (APPLICANT) PROPOSING Cemetery Use (PROPOSED LAND USE) ON PIN 9767-26-1613 at Jones Ferry Rd and Damascus Church Rd (ROAD NAME AND PINS OF PROPERTY INVOLVED WITH APPLICATION) As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development Ordinance (UDO), a Special Use Permit is required for the development/operation of a Cemetery Use (Proposed Land Use), in accordance with the provisions of Section 2.7 of the UDO. Such permits shall comply with general and specific standards as set forth in Section(s) 5.3.2 and (Section of Article 5 establishing development standards for proposed land use) of the UDO. Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following: (1) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (2) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (3) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners; In addition, the Board of Adjustment shall make findings certifying that the application is complaint with the following specific standards: (1) Specific standards for the submission of Special Use Permit applications as outlined within Section(s) 2.2 and 2.7 of the UDO. (2) Specific regulations governing the development of a _Cemetery Use _ (Proposed land use) as set forth in Section . (Section of Article 5 establishing development standards for proposed land use) of the UDO. (3) Section 5.3.2 (B) relating to the method and adequacy of the provision of: a. Sewage disposal facilities, b. The adequacy of police, fire, and rescue squad protection, and c. The adequacy of vehicular access to the site and traffic conditions around the site. (4) The general findings outlined within Section 5.3.2 (A) (2). Upon holding of an evidentiary hearing, and accepting into the record of competent, material evidence and sworn testimony concerning the application, the Orange County Board Adjustment (BOA) hereby makes the following findings of fact and conclusions of law: UDO SUPPORTING # REQUIREMENT Section EVIDENCE Condition # (Finding of Fact Application Components and Required Submittal Information: Notification Requirements: Specific Standards: Specific Development Standards for Proposed Land Use (Article 5)* Based on the competent material evidence and sworn testimony in the record the BOA hereby make(s) an affirmative finding on the specific standards of evaluation and general standards as detailed herein, further finding no evidence has been entered into the record demonstrating the applicant has: a. Failed to meet their burden of proof that the project complies with the specific development standards for a telecommunication facility, or b. Failed to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO. The BOA hereby approves the Special Use Permit subject to compliance with the following conditions: (CONDITIONS HERE) 29 EXHIBIT B SPECIAL USE PERMIT APPLICATION FOR ADDITIONAL GRAVE SITES AT THE JUDEA REFORM CONGREGATION CEMETERY Applicant's Narrative of Proposed Land Use The applicant seeks approval to develop additional grave sites at the existing Judea Reform Congregation Cemetery, 2560 Jones Ferry Road, Chapel Hill, NC 27516. The Cemetery has provided a final resting place of sanctity, peace, and beauty to members of the Judea Reform Congregation and others in the community since 1983. As of mid-February, 2024, the Cemetery contains 514 burial plots, of which 329 are occupied and 93 are assigned to specific owners but not yet occupied. Prepaid burial rights have been sold for another 203 plots that will not be assigned until the purchasers' time of need. Because only a limited number of burial plots now remain available for use, the Cemetery requests approval to develop an additional portion of its property to sustain its ongoing operation. Proposed improvements will include a limited amount of clearing and grading for the extension of an existing all-weather gravel access driveway and the creation of new grave sites in carefully designed wooded and lawn areas. The Owner does not propose any new structures, changes of use, character, or operation;but requests only the ability to continue the historically low impact/low intensity use of its existing facility. As shown in the drawings, the SUP area includes a portion of the original (1983) Cemetery property plus a portion of additional land acquired in 2017. The Cemetery has become an inherent element of its rural Orange County neighborhood as characterized by its natural setting, simple elegant design, mature trees, and large natural buffers. All gravestones are flush with the ground, rather than upright tablets, which contribute to the peaceful experience of a secluded park, rather than a traditional graveyard. As proposed, the additional grave sites will be developed in areas designated as either "lawn" or "wooded." The lawn areas will resemble portions of the existing cemetery, where land has been cleared, graded, planted with turf, and maintained as managed lawns. Wooded grave sites will be located in ungraded areas that have been selectively cleared and thinned to retain specimen oak, hickory, and pine trees. The final landscape surface for the wooded grave areas will be finished with a natural leaf litter mulch or double-shredded hardwood bark mulch to give the area a cleaner appearance while still retaining its natural character. Please refer to Exhibit C-5 for photographs showing selected portions of the existing cemetery. Of the 10.27 acres of land that comprise the Cemetery, it is notable that 9.05 acres (88 percent) are currently wooded. The proposed project will require selectively clearing and thinning (but not grading) approximately 0.98 acres for new wooded grave sites as described above; clearing and grading approximately 0.44 acres for new lawn area graves; clearing and grading approximately 0.69 acres for new impervious surfaces (extension of the existing gravel driveway); and approximately 1.37 acres of other disturbed areas for driveway shoulders and swales, a temporary access driveway, temporary erosion control measures, and other incidental areas. The completed project will therefore retain approximately 72 percent of the currently uncleared wooded areas onsite. 1 30 The Cemetery provides grave sites for traditional as well as cremation burials. Per Jewish tradition, the use of chemical embalming fluids prior to interment is prohibited, and the Cemetery requires all caskets or cremation containers to be made of biodegradable materials. The enclosure of such containers in any type of vault or liner is prohibited; that is, all biodegradable caskets or cremation containers are placed directly into the ground and backfilled with three to four feet of soil. As such, the burial practices are environmentally benign and conform to many features of the "green burial" movement, which is becoming popular in the United States. An average of approximately 10 funerals take place each year. Graves are prepared with a light duty excavator a day before or the day of burial. Services are conducted during daylight hours without electronic amplification and typically last for about 45 to 60 minutes. The number of attendees varies, but generally ranges from 20 to 50 people arriving in 10 to 30 vehicles (not in a funeral procession), which park along one side of the looped driveway. Open graves are backfilled immediately after a service and then groomed as needed to manage the natural settling that occurs as fresh graves heal over a period of weeks or months. Routine and special maintenance of the Cemetery property is provided by contractors, who typically arrive in a pickup truck towing a small trailer with mowing and other lawncare equipment. Cemetery operations have been conducted in this manner since it opened in 1983 and are not expected to change with the proposed addition of new grave sites. 2 31 Compliance with Orange County UDO Requirements q W Z o 1. The subject cemetery is exempt from requirements of North Carolina General Statute Chapter 65JUD A R FORM °�� (UD0 5.6.2(A)(1)). Z o v 2. Both the total lot size and the designated SUP boundary exceed the 2 acre minimum lot size (UDO z 3. The property has access to State-maintained Jones Ferry Road, which is a Minor Collector road asCONGR GATION C M T RY + 0Z oe defined by NCDOT (UDO 5.6.2(A)(2)(b)). so �� U 0 y ° 4. The proposed driveway width and configuration will provide sufficient space for use and O maneuvering of vehicles supporting funeral services and burial activities (UDO 5.6.2(A)(2)(c)). SUP APPLICATION SITE Z . W 5. All proposed grave plots will be located no closer than 30 feet to a property line (UDO 5.6.2(A)(2)(d)) as shown on these Drawings. Orange County, North Carolina �o ' �� IL ; ,, o 6. The project will comply with all relevant Land Use Intensity requirements as numerically , o a demonstrated in the Site Data Summary tabulation on these Drawings. These parameters are �� •r MZ satisfied based on the total parcel area, and also based on the lesser area within the SUP limits (UDO �d _ _ U dd 6.3.1(C), 6.3.2(B), 6.3.3(B), 6.3.6(A)). zw 7. The Cemetery Use will not generate any "air contaminant" as defined in NCGS 143-213 (UDO �! o v 6.4.5(A)(1). VICINITY MAP .1i,cc, 8. The Cemetery Use will not discharge any wastewater or other liquid waste (UDO 6.4.6). NTS ap 00 � 9. The Cemetery Use will comply with all applicable federal, state, and local rules and regulations Me J governing the handling and disposition of human remains; and will comply with all applicable rules and regulations governing the storage, use and disposal of any other materials classified as hazardous materials (UDO 6.4.7(A)). 10. The cemetery will not need or provide any formal loading areas; but for burial and funeral activities any location along the length of proposed driveway may be used informally for loading activities. Any such location will be "conveniently located and accessible" and will feature "adequate turning radii" SITE DATA SUMMARY for vehicle maneuvering (UDO 6.4.10(A)(1)). 11. No outdoor storage is needed or provided for the Cemetery Use (UDO 6.4.10(A)(2&3)). DRAWING INDEX: 12. Protection of existing vegetation is depicted and described on these Drawings, including trees within I. PARCEL INFORMATION designated Tree Protection Areas (UDO 6.8.4). 1 . 1 COVER SHEET 13. The Landscape Plan & Tree Preservation Plan describes compliance with applicable landscape Parcel Identification Number: 9767-26-1613 2, 1 EXISTING CONDITIONS PLAN standards UDO 6.8.5). Property Address: 2560 Jones Ferry Road A-' ( ) Deed Reference: Bk. 4649 Pg. 263 3. 1 SITE LAYOUT PLAN W 14. The Landscape Plan & Tree Preservation Plan demonstrates compliance with Street Tree Plat Reference: Bk. 119 Pg. 10 3.2 ILLUSTRATIVE SITE PLAN E­' requirements, largely satisfied by preservation of existing mature trees along the property's roadway Property Owner: Judea Reform Congregation Cemetery 4. 1 GRADING & STORM DRAINAGE PLAN W frontage (UDO 6.8.7(A)). Owner Address: 1933 W. Cornwallis Road Durham, NC 8. 1 LANDSCAPE & TREE PRESERVATION PLAN W 15. The Landscape Plan & Tree Preservation Plan demonstrates compliance with requirements for Property Zoning: Rural Buffer (RB) 11 . 1 SITE DETAILS a0 providing landscape plantings along interior side and rear property lines full satisfied b Overlay Zoning: University Lake Protected Area p 8 p p g 8 p p Y Y Y Z Q � preservation of existing trees (UDO 6.8.7(B)(1)). River Basin: Cape Fear (Jordan Lake) C) 1--� 16. The subject property has a generous amount of vegetative cover consisting of mature forest with Net Lot Area (NLA): 447,469 SF 10.27 Ac. 0­4 Special Use Permit Area: 287,181 SF 6.59 Ac. E-+ x diverse native hardwood and evergreen species, in both canopy and understory forms. Much of this Q �+ E­, vegetation will be purposefully and judiciously retained, a portion of which will be credited to meet Proposed Condition W 1 Op regulatory landscape requirements as further detailed on these Drawings (UDO 6.8.8). Required by 17. The Cemetery Use will have no equipment or storage area that will require formal screening, but the Orange Relative to Lot Relative to a w site design inherently provides effective vegetative screening of interior activities from rights-of-way II. LOT CRITERIA County UDO Area SUP Area Z a and property boundaries (UDO 6.8.9). 18. A Landscape and Tree Preservation Plan complying with UDO requirements is included in these Min. Lot Area in RB District: 2.00 Ac. 10.27 Ac. 6.59 Ac. O Drawings (UDO 6.8.10). Credited Street Area: N/A 0.56 Ac. 0.29 Ac. ' a U � W 19. No formal parking spaces are required for the Cemetery Use, and none are provided (UDO 6.9.7). Gross Lot Area GLA): N/A 10.84 Ac. 6.89 Ac.Minimum Lot Width: 130 690 Ft. 340 Ft. O Historical operation of the existing cemetery on the property has demonstrated that formal parking Minimum Side Yard: 20 Ft. 20 Ft. N/A Ft. is not necessary for the nature of vehicular activities that occur on the property. Minimum Rear Yard: 20 Ft. 20 Ft. N/A Ft. 20. Limited low-intensity outdoor lighting may be provided for security purposes. All project lighting will Minimum Front Yard: 40 Ft. 40 Ft. 40 Ft. O comply with applicable UDO requirements, and subject to administrative review and approval of a Perimeter Buffers (RB to RB): None None None Lighting Plan during the standard Site Plan review process (UDO 6.11). W III. USE CRITERIA 21. Signage elements for the property will consist of cemetery identification and traffic control signage Q at or near the Jones Ferry Road entrance (including maintenance of the existing signs or replacement Min. Lot Area for Cemetery: 2.00 Ac. 10.27 Ac. 6.59 Ac. with similar); limited interior directional, informational, or memorial signage, whether temporary or Parking Required for Cemetery: None None None permanent as may be needed or desired for cemetery operation; and flags on flagpoles. All project signage will comply with applicable UDO requirements and will be subject to administrative review IV. BUILDING SUMMARY and approval of a Signage Plan during the standard Site Plan review process (UDO 6.12). 22. The subject property contains identified ri arian buffer areas associated with a stream. The Primary Structure Area: 0 SF 0 SF G7 proposed Cemetery Use will not require disturbance of these buffer areas, and they will be Accessory Structure Area: 128 SF 0 SF LU Maximum Building Height: 25 Ft. 14 Ft. 0 Ft. 2 protected in accordance with State and County requirements. These Drawings indicate design o approaches and protective measures to avoid stream buffer impacts UDO 6.13 . pp p p ( ) V. IMPERVIOUS AREA (per NLA) _ 3: 23. A preliminary Stormwater Impact Analysis (SIA) is included in the SUP application materials for the Cemetery Use, describing the methodology proposed to meet UDO requirements for permanent Max. Impervious Percentage: 12.0 % o stormwater management. Prior to any land disturbance, a final SIA and a Stormwater Management Max. Impervious Area Allowed: 53,696 SF N/A z o Existing Impervious Area: 12,100 SF N/A w Plan will be subject to administrative review and approval during the standard Site Plan review LEGEND New Impervious Area: 30,000 SF N/A o process (UDO 6.14). LU Total Impervious Area: 42,100 SF N/A NEW EXISTING REMOVE U) CO 24. Construction activities will be conducted in accordance with applicable State and local Sediment and Impervious Area Percentage: 9.41 % N/A o w Erosion Control laws and regulations. Such work will be subject to review and approval of a DRAINAGE STRUCTURE o p o Q ❑ O o 0 ❑ O o 0 Sedimentation and Erosion Control Plan prior to any land disturbance on the property (UDO 6.15). VI. LAND USE INTENSITY (per GL.A) OVERHEAD UTILITY LINE OH XOHDXOH w N UNDERGROUND ELECTRIC LINE E -XE- -DXE- 25. An Environmental Assessment is included in the SUP application materials for the Cemetery Use. - o N This assessment identified no Significant Environmental Impact associated with the proposed use. Maximum Floor Area Ratio, 0.088 UNDERGROUND TELECOM/DATA LINE TD -XTD- -DXTD- co Maximum Floor Area Allowed: 41,537 SF 26,398 SF FIBER OPTIC CABLE FO -XFO- -DXFO- � The absence of such impacts indicates that a more detailed Environmental Impact Statement is not L T warranted (UDO 6.16.3 and 6.16.4). Floor Area Provided: 128 SF 0 SF GAS LINE G - -XG- - - -DXG- - DATE: FEBRUARY 16, 2024 26. The proposed Cemetery Use will generate very small amounts of vehicular traffic, historically having Minimum Open Space Ratio: 0.840 STORM DRAINAGE PIPE - -XSD- - - -DxsD- THIS DRAWING AND THE DESIGN HEREON ARE THE PROPERTY OF CIVIL CONSULTANTS, approximately ten funeral services each year. Almost none of the traffic associated with the Minimum Open Space Required: 396,488 SF 251,984 SF WATER LINE W -XW- -DXW- INC. THE INFORMATION ON THIS DRAWING IS NOT FOR USE ON ANY OTHER SITE OR PROJECT. Cemetery will coincide with peak traffic conditions on local roads. A typical service is attended by a Open Space Provided: 471,881 SF 299,981 SF SURFACE ELEVATION CONTOUR 400 400 TDRAWIN REPRODUCTION OR OTHER ,WITHOHIS DRAWING IN WHOLE OR IN PART,WITHOUT small number of participants in 30 vehicles or less resulting in no more than 60 trips per typical 356.44 356.44 WRITTEN CONSENT OF HIBITECIVIL ONSULTANTS,INC., p p � g p p Yp SURFACE SPOT ELEVATION � x IS PROHIBITED. service. By these measures, no Traffic Impact Study is warranted nor required by Orange County Minimum Ped./Landscape Ratio: 0.210 COPYRIGHT 2024 CIVIL CONSULTANTS,INC. Min. Ped./Landscape Area Required: 99,122 SF 62,996 SF LIMIT OF DISTURBANCE/CLEARING regulations (UDO 6.17.2 and 6.17.3). TREE PROTECTION FENCE Ped./Landscape Area Provided: 431,651 SF 267,091 SF SHEET NO. • Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C1.1 -Cover-30015.dwg,C1.1 Cover,3/21/2024 8:35:17 AM 32 /PE24 NOTES: Z o 1. EXISTING CONDITIONS INFORMATION TAKEN FROM VARIOUS �• SOURCES INCLUDING: (1) PROPERTY BOUNDARY AND Z C •q� / 1 / 1 /�� EXISTING CEMETERY FEATURES PER SURVEY BY SAM C. W v Z / 86. /.'/' ��TULIPI P❑PLARI\ BILLINGS DATED JUNE 29 2018 (2) TOPOGRAPHY J GENERATED BY AERIAL METHODS FROM PUBLICLY s / ' -'/ ///' i' �/' /.' //' /// /i' , ,' // / ,' //' ,/' ,•,/' // / 6' ❑ K/ ,;/ / 21' ❑ N/F REED ANNA LOY AVAILABLE SOURCES; (3) SELECTED TREE LOCATIONS v _ X10H DBN 1586 PG 243 264959 PROVIDED BY SWANSON AND ASSOCIATES; 4 ADDITIONAL a CZONING: RB \ TREE LOCATIONS GENERATED BY CIVIL CONSULTANTS + oCK❑ % 13' T P❑PL LAND USE: RESIDENTIAL \ / 40 \ / J \ USING NON-SURVEY GPS METHODS; AND (5) ADDITIONAL ErAK , - \l4• TL1LI POPLAR / I y/ / � DATA TAKEN FROM VISUAL SITE INSPECTION AND REVIEW 04 O W - o / I �,• Z - N OAK \ OF PUBLICLY AVAILABLE MAPPING BY CIVIL CONSULTANTS. A / W 2��� AK 17' H K05 �ll�i\( � � 1 OAK S 66./2 Z IL �4 \ / /// / /' / j/ (/I /�16- ❑AK�1 i N/F ROOBERTS ERIC MICHAEL TRUSTEE �t PIN:9767178111 / //l INP I �G_ / ' \ / // / \�'�OAK I l0 j44 Z •� J �W DB ZONING: PG 1015 `1� / / /, 15' K / �\ ��$ / / /' Z ZONING: RB �►Y\ / \/y / / sea } \\ ,/' /' �� SAND USE: RESIDENTIAL / /' /� \ ' \ / / /\17' ' /' 1/ / Zg 1 ' OAK j 12' INE�\X/ \%20' OAK / 30' INE / dd 20' LIP PLC / / / �21 H K❑RY 1�Jz to I, 'PIN -/ / // � 1 ./ A / (� /`J \ ��'/ I '� 18� K ' i /�4. INS / 1 J � Q 18, / ,15 K �� , —i ,,53 J —� l -� \ / 13 APL I j/18' // --. 20' DAIK \ �/ r ' / \ 23' z \ / 5JINE INE Ne, / / 2 OAK 12' OAK T 1 �21' OAK \ / i \� , / I 6k 0'[I❑\AK i \ 1.Elf %tC / 12' S ETGUM / // / / / __ _ \ �.7' AG I ' K� 12' hJA 00000 OAK 1 % 15' IA / / 16 ❑AK '' ''i'/ / �'//''/^ G'�/ \ p/ 4 E � c�/� �1 19' PINE/ \ —' 17/ Y /� / ✓ / / JUDEA REFORM CONGREGATION CEMETERY I / / / \� c� IZ I PIN: 9767261613 / // I �' / 7 Ir j ��? K�. '/ / �_ / I /' �- / ' \ ` / / \ DB 4649 PG 263'N F HARWARD SHANNON G / // ��' // /"1 / IT/ CKORY � � / ZONING: RB / HARWARD SARA D ,' // / �' // ENTER //// / �(p — / MAPLE /� �,Ofk ❑AK _� I b' OR�I\ / / / ' INE! /5 WOODED 9" 16' ❑ / 15' AK > WATERSHED: UNIVERSITY LAKE PROTECTED / PIN: 9767164892 �/ 9 !� SIGN ' ` - _ e•OAK 1 / �/ �� 1 / I 1�13' H COR'( 118' ❑A ( LAND USE: CEMETERY ' - - DB 4429 PG 297 _-/ / /'' / - P / I 1 / \ / / ZONING: RB /' ,_ Ov'' -� ,/' l/, \/ PLOTS / ' \ I b C , p i // 16' KO LAND USE: RESIDENTIAL _ / '�y // -� 8� p / ' \\ �I / I /� 13' OAK // i l OR I ' INE 0.8 AG 2 LAWN 13" c / 1/ / / \ 1 OAK / \ /" \ �•V�+jA ice''/ i/'/ `/ PLOTS j I ■22" Oak /%'18' DAK/ j Y �� �V�3' 1• IPS / A� , 17' OAK 17' INE CEMF�TERY ID ��/�� /// �i r / I / \ / / /' \ /2gylAPLE 1 /� \\ j �� // �8' MAPLE \ J 15' SIGN/ /- _ _, EXIT �12-11k� MEMORIAL YHI , , 6 ( I/ / \ / 20' INE�/ ONLY / - - BENCH 23ak �/ 18' ❑AK\ / / \/ / \�.. • PIN l / �_, °/ /I /� 18'`��+>� 15' INE /� -t --/ WELL / i H - / 20' ❑AIy/ \ / PINE ��% �' /' / ' • SHE �! \ O/' \ i8' I s•1 / / Crape io wawy MEM_=A� \/ MAP �C / Mptle 1z• " to'u . ,.9BiL`H e \e \ I ^__� /,� j �- / �� / 16' �-- ' ` �� //�� / / � �,/j�� /' ENTRANCE k I I ,o ;. ` 12'— MAPO 2 \ �' /,i 1 ��i 2Y /,/�/�� �t �� /P EIP , \ / Cd , ,\ ay / / /' T y / / 17' ❑AK / 19' OAK / `S j �j l \ 1 I / 20" Hiclgily `OAK , �w. /�dple _ / 21' ❑/AK // ' 1/ y+ % /i / 0 I U TREEQ / \ / /� / / 0 14'c❑AK \ \ / \--_� 1 J� / F7 /�/ V 1 / 24'®0a ./// •// / _ ^ -t _�\ 28// 18 SOAK / 1T OAK / \ / /,r (, 1 /� \\ // / M L a HICKOR�2"OAP 18/ _// 20''OAK I /15'IOA14- r / /�� 1 /C�� \ / 20' DAIS\\ / '/ � / WOODED0+6 15' INE /15 PINE\ /' //�� ^ Ch / O -� d / �LOf 23• oaK -K /:' i i / \Z i i l ME-1 A YY��1 ' HICKO J \r' ,'- _ / ,17 K 1 / / \ r\ I / 7 ` / / 1 / F•M 14"Hickor n u.y. 4' INE 1�'�A /� __"/ _ »9R, y . s„ °" I / 13`\P�IOE d �5 /^ / 1 0 4' INE ` N� OLSEN ELISE A // mac— rr�/ \ I 17' PINE/./ �13' HTCKO PIN: 9767155967 14% Oak •oAK / / O///�\ I �_ 18' AK r\ - \DB 4436 PG 481 , \�" \ 4 Ic rx__-- �► - ` / r r \ � 1-- / \ �/ / / / /�y•y ZONING: RB 12" Oak \ a•Ia� " Qak ( � / / / / I � I 1 / ' 1 I 1 •-' \/ / � / (/ � DUI LAND USE: VACANT / O� / 'r pq, I — 18 OAK / / /2�OAK ,' / / 1 IN / I f I - `� 20•M e „ // , / 6' SW ETGUM I /. I 0 / - 13� PIN , \ \ / ) / �/\ I 1 / I \ / / / F+•) / 17' I � -� cl 15' K I �- / ~J /� ' l Yaung Pnn ��Vv .' / "�V / �\ ' \` r/� — � , 1\ l �/ 17' ❑AKI Q / I Il �F- 524--� 0 / I \ 18" �ine/ \ ; / 16�OAK �\ 18' OAK .52� ( C1 1 I( \ / I �t 19, O��C , \e / I , / , \ •1 I 1 " HICKO Y / J r 16' INE b 1 OAK / I / I \ / \/' / 20"\HI 1� � / I / / // / �12' ELM I / / \ /'^\\_�/\ / \ /ram /�' J 1•IIps / 1 / / r ' / / / \ '\ -/' O 13" DO BLE \ �_ --\ / \ / _J // I / / I 1 \ , / N/F ROBERTS ERIC MICHAEL / LAWN / �� 1 M1LSb� MaQle \\ \ \ 1 \ 19' ❑AK\ \ / ,C I I ROBERTS ERIC MICHAEL TRUSTEE / / / n �`/-�' 15�9AK • �I 1 - ,��° /�� 1 1�' INE \\� K ' I / PIN: 9767269583 / V) PLOTS �� -"/ 11 k i \ 1� / / d l' i �-= /' >' \\ / r ^ F�-1 ` DB 6804 PG 925 C / , ZONING: RB O W ~ \��12' ❑AK\ I �// / / // Q \ I // i LAND US): VACANT / I , ' �� ' 14• AID �I Y Cl) M 22" 0 \ I 17/ / 13' H K❑RY / / j /���� 1 / F- i / 13!❑AK ( ❑AK , / 16 OAK %ak j / 22' OAK /1 / / / Q I U /---/ `✓/ _ / /' /� t / / / 1-�-1 / M / / / / SOU 0 I� -� I r /s�o I, OAK \\ 1�AK / ' i 1 — _ 16" Oak 1 1 / ( I �•� / \ /�1" MA LE/ 4 S �y \� \\ \ l 15 AK/ 15" OAK •W1e gurrl '-1- 14' 11 / \ 1d-�' / 13" OA / / o o / / 1H�CK0 Y / \ \ \ 522 O `\ ♦ 15' INE 1 / &Lm Ced aRorJ / �12 2©A \ » Oak s'"� . 15.-Db! 8• - -_ `v / M \ \ ' / / \ \ � � DECK � \ \ / 1 p- 2 5" OA 3 hbIAIO k 2g �v h� HCK Y 1$ HIf� /Y 12' OAK \\\ \ / /� ,/ ,// 14' /b�E\\�-' �\ \\ Off\ 2 — 10" alc2 10" Dbl rwo , t , / l \ tr3 I \ \ 2 / _/ \ / / �/ " / / 1T' 1e 1 /�/ \ 1 / 14" ❑A'k / / / I \ \ n� \ �� / GRAVEL ^-- � rt��` 8" • `— INE /;, - / ,�_ /' AK \I ,/ / / ,/ \ N/F PASCHALL JE SSICA ET AL 8 Cedar wj Qt / / / , 1\1 \ / / / I � 17" OAK ( /13 LE , • / 16x SW ETGUM I\ \ jam- / 1 �- ' / r \ BRONSON EVAN /\ / _ ` - ��" \ PIN: 9767264452 \ — ' / 17'1 Oak / 23' OAK — / ' / / O / \\ --- / / / / / \ \\ 12' NE ( / DB 6769 PG 1503 \ \ \ ,� '-\'� r- --� ! / 2""0 Z / '1 \\// \ 17 OAI� /' "yam I ZONING: RB \ \ — — — — \ / ��-- ---'' /\ �_ // ��� ( q�' _�\ ter- LAND USE: RESIDENTIAL \ // / � � Oa - __ _/ / 12' 1 KORY / \ s ( q - ( ET GUM \ \r / \ / , �� -- Q ,�(\ / 1�5'"'❑AK / \ � 17' ❑AI(\��, (/ ,/� //� ��� � \\ \� �� ^----' V r___-- � \ / l / I I / 14 AK 1 " PIN�16" e 1 .°• ---- 8 A� - 5 �- / 3 •/ -'G�f v / \____ // J - / 1 " OAK / ,' 18' AK _ _ _ _� / , / \ \ \ ` / / --- ' / // / ---------- L 1 KElft 12 OA 22 16' IN o / /' �/ / / �� \ / �\ ` /\ �' /' \ \ l / / l / / (n • 16"/0 K �_ 230�1a-k -� 1�' � -� —/ // 1 1�ilY K \ 1 C Y � 2� /' % /� \ \\ \ `-/ / t / ` ---' � ---- - �'�..'� / t`/ \/ \ / � � / ~ Q /' 19' OAK ,' / IN '/ 0/ / 18' OAK 11 \\ \\ \� _ ,r _ \ 1 W 10" Oak �,.• 20 AK _� 18",gqK/ ' H CKO Y // \ / \' ,�18',❑AK _ 14 " • KORY P \/ 1 / /� 7�8-' / - 1/ \� �' � �71 , \ \ _• 1fi" �ak \n. ' � \ 1 d / //T '14 INPE �\ sw E GUM `y^, \ / H❑U:5E / I �\ U1 WK / / 14' INE /'_� / \ ^ � _ WELL,-- ,/' I �/ �9'49 �` 14" OC ice/ / �" 5\ 1 / ' —� 6 1/ �$J�.O$ �� ■ 1 AK17 H K 7� NE 1 1� �- \ �/ \ % / /'/ 5'`b 1 \\ --------_ -''/ / / / ,---�( _^ / ( 14'10AK 18' K --`-''\ -�i // / / ` \ II \\\ / I'' /'��// .\// / / 1 / I I W / 20'1@7AIOak / -31-OA{f� 15'L AK� r '� 1 W 1/2• OR-4 ::7" PINE l 1__•DAIC �d \ /\ / O,ZG /' /1K /i/� /�� ��--- \I Q — / / / 20 ❑/'SIC1\\ \\\\ /� /-- '^\\ /// — / N S / / \ I - l 1 OAIG, '/ \ t' 12' E \\\ \^\ \ _ __ _ / \\_-/, / 0 � 70, a / / 12" SWEETGUM W Er i ' 6 T]AK ----), �� 1 ID — — — �� ( 1_17%❑AK \ / / \ \ �\\ // / //--- W 18' OAK / 20'`OAK L / It-1 / �� S� O 0.1' AG 16'/OAK(112' OA1 �18� __-- 6 � _ �' w `: —STR AM BUI ER PRIMARY / ---- \ I ` — _ —�� — ---- \ Lu CC\ M M ,_�' ,��,9ti / m v TREE �1 �CTION AR 1 -- - \ \. �__ \ i \ w Q cat Az ' � � 17' /OAK / i \�� \`\ \�\ _ ------------------�`' 1ss 85. f A�RROXIMATE STREAM O IN O�VT EIP TO IPS % \\- \- - -- / 1" IPS / -- ' 1 ------ --- _ _— — — — - / ---- - '�� W DIRECTION — \�' n�8> 58 02" W I< I 0.1' AG/ \- \ ,''---- ' — _ _ \ r _/ \ � � � DATE: FEBRUARY 16, 2024 -OF FLOW — `---\\ __ 'r \117.04 IP$ - """_---------�_ " \ TO _ --_ /' - --------_-__ THIS DRAWING AND THE DESIGN HEREON \ \ ARE THE PROPERTY OF CIVIL CONSULTANTS, _ _ > INC. THE INFORMATION ON THIS DRAWING IS 1" IPS \ ' - \ ` EXISTING �/ NOT FOR USE ON ANY OTHER SITE OR PROJECT. \ \ `\ �'' THE REPRODUCTION OR OTHER USE OF THIS N/F OLSEN ELISE A \ \ -_ \ 531• ' EXISTING / \ `/' \___- DRAINAGE \ \ C \ �.� 39 E'P _ -------- DRAWING IN NTOFCIVINPART,WITHOUT PIN: 9767155967 � \ \ \ \ \ J \ \ r�__ TO BPS STREAM /' // ----__ \ __ ' WRITTEN CONSENT OF CIVIL CONSULTANTS,INC., DB 4436 PG 481 \�\ WAY --i\ \ \ Q7 A \ IS PROHIBITED. \ \ \ ZONING: RB \/\ L \ \ \ \ � N -_'�`-- �' \ _' LAND USE: VACANT \ \ 1 \ \ / 81•S$' (' --� - \ \ �C, '� 83$•29' \\ -•��__ \ ---__ COPYRIGHT 2024 CIVIL CONSULTANTS,INC. \ -- `\ TOTAL F PERRY STEPHANIE L \ 1 - _ \_-% I / \y, SHEET NO. \ 9767253977 -_ — — --_ �\- \ _ \ \ � /\ \ / DB 29�PG 468 \��---- ��- ------� \ --/ \/ `V \ \ ` ZONING: ��BB�� `\ " - - �`\\ /LAND USES RESIDEN�IAL� `\ ��— '\ /�-__ \\\� r_ +��_ i — DISTURBED 1' GRAPHIC SCALE NAIL SET AT E 0 i \ � IN FM 2 ,el 1 inch = 40 !t. Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C2.1 - Existing Conditions-30015.dwg,C2.1,3/21/2024 8:37:37 AM 33 SITE NOTES : SPECIAL USE PERMIT BOUNDARY IN 1. A SPECIAL USE PERMIT (SUP) AREA IS DELINEATED TO ENCOMPASS THE PROPOSED NEW ° THIS AREA COINCIDES WITH PROPERTY/ Z SECTION OF CEMETERY, COMPLETE WITH INGRESS AND EGRESS ROUTES. THIS SUP AREA IS TEMPORARY DRIVEWAY; BOUNDARY; NOT SHOWN TO SCALE. A SUBSET OF TOTAL PARCEL AREA. / �\ Z 0 N 2. THE TEMPORARY DRIVEWAY SHOWN WILL BE USED DURING CONSTRUCTION FOR EQUIPMENT SEE NOTE 2 _ r� W 0 ACCESS. PRIOR TO PERFORMING ANY WORK FOR THE TEMPORARY DRIVEWAY, A DRIVEWAY 4 Z PERMIT MUST BE SECURED FROM NCDOT BASED ON DETAILED CONSTRUCTION PLANS AND ' NEW WOODED z 3 DETAILS. UPON COMPLETION OF CONSTRUCTION ACTIVITIES THE DRIVEWAY AND ANY TEMPORARY 10 X 70 SIGHT N/F REED ANNA LOY � PLOTS PIN: 9767264959 � � ASSOCIATED IMPERVIOUS SURFACES WILL BE REMOVED. THE AFFECTED AREA WILL BE DISTANCE EASEMENT. DB 1586 PG 243 \ VJ v _1 = SUBSTANTIALLY RESTORED TO PREVIOUS ELEVATIONS AND DRAINAGE PATTERNS, AND \ d� ZONING: RB \ - / + _ FULLY STABILIZED WITH MULCH COVER. SPECIAL USE PERMIT / / LAND USE: RESIDENTIAL v a C 3. THE PROPOSED USE WILL NOT GENERATE ANY WASTEWATER OR OTHER TYPE OF ROUTINE / No WASTE. ANY SOLID WASTE GENERATED ONSITE FROM NON-TYPICAL ACTIVITIES WILL BE BOUNDARY IN THIS '� �° a� O OC �_ r REMOVED FROM THE SITE BY PRIVATE MEANS AND DISPOSED LEGALLY. AREA COINCIDES WITH z '- 0 4. THE EXISTING ONSITE WATER SUPPLY WELL IS USED ONLY FOR IRRIGATION AND �6 \�ggCk \ Z v W MAINTENANCE PURPOSES. RIGHT-OF-WAY; NOT -(1/ a \ \ s e6.2 V Z F 5. THE NUMBER OF BURIAL BLOCKS SHOWN AND THE UTILIZATION RATE OF EACH BLOCK ARE SHOWN TO SCALE. \ \ ' 23�F o d APPROXIMATE ONLY. EACH BLOCK OF WOODED PLOTS MAY NOT BE FULLY USABLE QO, a DEPENDING ON THE PRESENCE OF TREES OR OTHER SITE CONDITIONS. UTILIZATION �l ' ss�s�. Z • ASSUMPTIONS ARE LISTED IN THE SUMMARY TABLE BELOW. N/F ROBERTS ERIC MICHAEL TRUSTEE / TOT o I p Z 6. THE RELATIVE BALANCE OF WOODED PLOTS VERSUS LAWN PLOTS MAY BE ADJUSTED PIN:9767178111 \ \ '� Q<v� it WITHIN 25% DB ZONING: PG 1015 _ _ _ OF THE TOTALS SHOWN, AT OWNER'S DISCRETION; AND FURTHER MODIFIED BY j / f — \ `'��� •r~. ZZ THE SUBSTITUTION OF A NUMBER OF RELATIVELY SMALL CREMATION PLOTS AS INDICATED. ZONING: RB 7. BURIAL PLOTS WILL BE FURNISHED WITH SMALL GRAVESTONES SET FLUSH WITH THE LAND USE: RESIDENTIAL /��`�1 _ — — NEW LAWN PLOTS \ \ \ `���" z , \ ag_ ago FINISHED GROUND SURFACE. EXISTING Q��1��, / (GRADED) \ v �y 8. ALL DRIVEWAY CONSTRUCTION AND CLEARING/GRADING ACTIVITIES REQUIRING A CEMETERY O \ \ z LAND-DISTURBING PERMIT FROM ORANGE COUNTY WILL BE IMPLEMENTED AS A SINGLE NOT SUBJEC PHASE OF WORK WITHIN A TIMEFRAME PERMITTED UNDER STANDARD SUP APPROVAL TO SUP / a�,, \ \ #3 CONDITIONS. NEW WOODED \ �� 9. INSTALL A STREET ADDRESS SIGN PANEL TO THE EXISTING SIGNAGE FRAME, WITH THE /$ / PLOTS \ \ ♦ opt NUMBER "2560" VISIBLE FROM BOTH TRAVEL DIRECTIONS. NUMBERS SHALL BE AT LEAST 6 / / ygy,�0 0 \ \ \ \ \ 00 v INCHES HIGH WITH 3/4" MINIMUM STROKE WIDTH, AND SHALL BE REFLECTIVE ON A 6p1� NEW WOODED' \ t-qr - CONTRASTING BACKGROUND. PLOTS op / / N/F HARWARD SHANNON 10' X 70' SIGHT f G DISTANCE EASEMENT. / �5. \, HARWARD SARA D / 0 �PIN: 9767164892 5g R132' \ DB 4429 PG 297 6��2 6PG� \ ` F\ ZONING: .0 / S \ \ \ ° \ IiST LAND USE: RESIDID ENTIAL �t�o. oN� \ 10-� \ .01 THIS AREA OF PROPERTY \/ /- r /�aN� S� ` \ \ NOT SUBJECT TO SUP \ / EXIT ADD SIGNAGE I ONLY PER NOTE #9 ENTRANCE E-+ OT ONLY �� �. / TYPICAL PEDESTRIAN �� � BRIDGE ACROSS Q DRAINAGE SWALE / /OF NEW GRAVEL DRIVEWAY; ��� \ \\ ,, / ;j\ SEE DETAIL �, \ \ / 0E-4 �--+ N/F OLSEN ELISE A / ' `C.-j= \ SPECIAL USE PERMIT BOUNDARY IN PIN: 9767155967 �� THIS AREA COINCIDES WITH PROPERTY W p E 4 DB 4436 PG 481 / I ' BOUNDARY; NOT SHOWN TO SCALE. ~ _ LE. � ZONING: RB 0 LAND USE: VACAN EXISTING / �, / / / O E1 CEMETERY NOT SUBJECT / SUMMARY OF ADDITIONAL BURIAL PLOTS N/F ROBERTS ERIC MICHAEL / ^ TO SUP / ��c / �cv� 3' / ROBERTS ERIC MICHAEL TRUSTEE / PIN: 9767269583 e / BEGIN NEW WOODED LAWN TOTAL DB/ 6804 PG 925 �v/ ZONING: RB Q-1'GRAVEL DRIVEWAY / ,' s�'RF NUMBER OF BLOCKS: 65 29 94 LAND USE: VACANT / / Q W M--1 / / / BLOCK UTILIZATION: 56% 100% / W o � / MOM' � / =t�,� � -- 4� V / 41 / \ / NEW GRAVEL-SURFACED �e. 190'f - NET NUMBER OF PLOTS* : 436 348 784 IIZ + O GATHERING CIRCLE AND / J \ ACCESS PATH � Q / W \ \ O * Cremation Plots may be substituted for any standard size i A N \ 1 �, o`� \ \ DECK wooded or lawn lot at a maximum rate of two cremation ! . U 0 N // h� �Z� p 'Qdi ''`mil �l � plots for each standard plot. The total land area 1) `�/ N/F PASCHALL JESVAN ET AL �" encumbered by all plots will not be increased. J r BRONSON EVAN / ^o PIN: 9767264452 DB 6769 ZONING: 503 RB / L LAND USE: RESIDENTIAL NEW LAWN PLOTS � EXAMPLE SUBSTITUTION OF TWO (GRADED) Cn CREMATION PLOTS FOR ONE I- - - _ STANDARD SIZE PLOT. LOCATIONS AND LEGEND LU \ NUMBER WILL VARY AT OWNER'S o \ DISCRETION (SEE SUMMARY TABLE). N 81'29'49" W 185.rw NEW LAWN PLOTS — FULLY CLEARED AND GRADED BURIAL PLOTS, MAINTAINED IN A NATURAL ' N GRASSED CONDITION WITH REGULAR LAWN—CARE MAINTENANCE INCLUDING MOWING AND LEAF w REMOVAL. A LAWN BLOCK CONSISTS OF TWELVE STANDARD 4' X 10' PLOTS, TYPICALLY FULLY 4, \ / , Q 0 s� UTILIZED FOR BURIALS. Z � / 24' 0 w a- m Q NEW WOODED PLOTS — FORESTED BURIAL PLOTS NOT SUBJECTED TO MASS CLEARING OR GRADING, rr � Uj SPECIAL USE PERMIT BOUNDARY IN > / �o �z ' _ — — _ _ _ o BUT CHARACTERIZED BY PRESERVED NATIVE CANOPY AND UNDERSTORY TREES, BOTH MATURE AND w L.L. w THIS AREA COINCIDES WITH PROPERTY 440 , / ST,�F Z W / / N EMERGENT. SELECTIVE CUTTING AND REMOVAL OF TREES AND FALLEN TIMBER WILL BE 0 W � BOUNDARY; NOT SHOWN TO SCALE. ' L 9 _ / � ��� IMPLEMENTED AS NEEDED FOR AESTHETIC AND PRACTICAL PURPOSES. WOODED PLOTS WILL REMAIN N � B—URIAL s �Gyf'i STREAM BUFFER IS PRIMARY BACK �/ �Fyti i mD TREE PROTECTION AREA 24' IN A CANOPIED WOODLAND CONDITION WITH NATURAL LEAF LITTER AND/OR WOOD MULCH GROUND LU N N COVER, AND SUBJECT TO MINIMAL MAINTENANCE DESIGNED TO PRESERVE ACCESSIBILITY AND o 6 N 2 189.g5• - // _ _ _ 7� L APPROXIMATE STREAM ORIGI POINT VISUAL CHARACTER. A WOODED BLOCK CONSISTS OF TWELVE STANDARD 4' X 10' PLOTS, N EIP TO IPS TYPICALLY ONLY PARTIALLY UTILIZED FOR BURIALS DUE TO CONFLICTS WITH TREES AND ROOT N 81.5LU 802 W SUP1 / - - - _ SYSTEMS. w � r N _ 4 DATE: NOVEMBER 2, 2023 �m I 0 ESP — — NEW WOODEN PEDESTRIAN BRIDGE LU N \ \ SUP THIS DRAWING AND THE DESIGN HEREON WITH GRAVEL FOOTPATH ACROSS ARE THE PROPERTY OF CIVIL CONSULTANTS, EXISTING I \ J1\ __ \/ INC. THE INFORMATION ON THIS DRAWING IS N/FOLSEN ELISE A 4 _� - EXISTING DRAINAGE SWALE NOT FOR USE ON ANY OTHER SITE OR PROJECT. / DRAINAGE \ 1 - __ PIN: 9767155967 WAY \ m __ STREAM THE DRAWING N WHOLE OR ION PART,WITHOUTTHER USE DBDB 4436 PG 481 - WRITTEN CONSENT OF CIVIL CONSULTANTS,INC., CURVE TABLE ZONING: RB \ _ __ IS PROHIBITED. LAND USE: VACANT \ \ NEW GRAVEL SURFACE COPYRIGHT 2024 CIVIL CONSULTANTS,INC. \ 1 -N/F PERRY ST E HA N E L _ - _ X X P I _ \ I PIN: 9767253977 / DB 4294 PG 468 SHEET NO. 1 3� ZONING: RB LAND USE: RESIDENTIAL_ _ _ _ — GRAPHIC SCALE o - \ I1 40 0 20 40 80 3 . 1 1 ( IN FEET ) 1 inch = 40 ft. Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C3.1 -Site-30015.dwg,C3.1, 3/21/2024 8:38:59 AM 34 / / sa2�. ♦� o�c SPECIAL USE PERMIT BOUNDARY IN ° THIS AREA COINCIDES WITH PROPERTY Z '` 0 BOUNDARY; NOT SHOWN TO SCALE. — / Z0 N i W UZ elv Z NEW WOODED / < 3 N FREED ANNA LOY � PLOTS PIN: 9767264959 DB 1586 PG 243 \ V J v a \ d� ZONING: RB \ / + _ SPECIAL USE PERMIT / / \ 3 \ \ LAND USE: RESIDENTIAL to BOUNDARY IN THIS O r N AREA COINCIDES WITH / / \iq\fie k� , N Z RIGHT—OF—WAY; NOT 66•�2 C, 4C F SHOWN TO SCALE. 0� / \ \ 2s F Q IL ; N/F ROBERTS ERIC MICHAEL TRUSTEE T,q� Z PIN:9767178111 �► / / �/ \ \ Q<v�\ DB ZONING: PG 1015 �g/ / \ \ ��� v ram. Z Z ZONING: RB y \� LAND USE: RESIDENTIAL /�I`�1 / \ o z NEW LAWN PLOTS \ ��� �= \ EXISTING Q��1��, / (GRADED) \ \ �y CEMETERY o / / \ \ z NOT SUBJEC 4 �m TO SUP / / ���. \ \ v! a \\ / NEW WOODED \ \ J0 N� �95g EQ PLOTS \ \ \ 6o NEW WOODED' o0 PLOTS op OV N/F HARWARD SHANNON -� �� X 7O' SIGHT / 62 G DISTANCE EASEMENT. / �5. \, HARWARD SARA D / 2 / \ / PIN: 9767164892 59 R132' \ DB 4429 PG 297 ° F\ ZONING: .0 IiST LAND USE: RESIDID ENTIAL �to. \ \ -'/ � / u' P�� THIS AREA OF PROPERTY NOT SUBJECT TO SUP EXIT 72 -- / / I .;�•' ONLY e® / ENTRANCE '�• ' �s• �4 TpT \ \ \ �� E-+ ONLY / �. TYPICAL PEDESTRIAN \ a� W BRIDGE ACROSS \ \ o/ / o -� DRAINAGE SWALEdor dor NEW GRAVEL DRIVEWAY;m� \ \\ ,, ,�o / ,' SEE DETAIL \ \ / , N F OLSEN ELISE A SPECIAL USE PERMIT BOUNDARY IN / �/ PIN: 9767155967 �� / / �p� I / THIS AREA COINCIDES WITH PROPERTY DB 4436 PG 481 / I BOUNDARY; NOT SHOWN TO SCALE. ~ ZONING: RB LAND USE: VACAN v EXISTING / ,� � E-I CEMETERY / �c, / I ,`� / / Qi � E-+ NOT SUBJECT SUMMARY OF ADDITIONAL BURIAL PLOTS N/F ROBERTS ERIC MICHAEL / ^ TO SUP / ��c / /�c.� 3' / ROBERTS ERIC MICHAEL TRUSTEE PIN: 976726958,5/� WOODED LAWN TOTAL / BEGIN NEW DB 6804 PG 925 L� GRAVEL DRIVEWAY �v / 2°• ZONING: RB / �' w SFTe��k NUMBER OF BLOCKS: 65 29 94 LAND USE: VACANT � � � M BLOCK UTILIZATION: 56% 100% NEW GRAVEL-SURFACED 190'f NET NUMBER OF PLOTS* : 436 348 784 ' �+ GATHERING CIRCLE AND J \ ACCESS PATH * O W Cremation Plots may be substituted for any standard size i A No`n \ \ DECK wooded or lawn lot at a maximum rate of two cremation ! . U 2 \ / Nh� �ZZ p '`mil l �0 \ plots for each standard plot. The total land area c, N/F PASCHALL JESSICA ET AL �" encumbered by all plots will not be increased. J r BRONSON EVAN / ^o PIN: 9767264452 / /i DB 6769 PG 1503 / N ZONING: RB / 0 / LAND USE: RESIDENTIAL LL NEW LAWN PLOTS Z' — EXAMPLE SUBSTITUTION OF TWO (GRADED) CREMATION PLOTS FOR ONE C, LEGEND - - — STANDARD SIZE PLOT. LOCATIONS AND w - \ NUMBER WILL VARY AT OWNER'S ' 2 \ DISCRETION (SEE SUMMARY TABLE). / / o 81.29•49 W 185.r \ U SUP NEW LAWN PLOTS — FULLY CLEARED AND GRADED BURIAL PLOTS, MAINTAINED IN A NATURAL \ ' N GRASSED CONDITION WITH REGULAR LAWN—CARE MAINTENANCE INCLUDING MOWING AND LEAF w REMOVAL. A LAWN BLOCK CONSISTS OF TWELVE STANDARD 4' X 10' PLOTS, TYPICALLY FULLY M J 4' / ' UTILIZED FOR BURIALS. z o 24' O EC NEW WOODED PLOTS - FORESTED BURIAL PLOTS NOT SUBJECTED TO MASS CLEARING OR GRADING, E = Uj SPECIAL USE PERMIT BOUNDARY IN > / ' BUT CHARACTERIZED BY PRESERVED NATIVE CANOPY AND UNDERSTORY TREES, BOTH MATURE AND C Cn R COINCIDES WITH PROPERTY ° N o W w THIS AREA C01 �,o , / / EMERGENT. SELECTIVE CUTTING AND REMOVAL OF TREES AND FALLEN TIMBER WILL BE BOUNDARY; NOT SHOWN TO SCALE. ' L -10- / IMPLEMENTED AS NEEDED FOR AESTHETIC AND PRACTICAL PURPOSES. WOODED PLOTS WILL REMAIN eL �BA�- ' IN A CANOPIED WOODLAND CONDITION WITH NATURAL LEAF LITTER AND/OR WOOD MULCH GROUND N w No N 24'/— — COVER, AND SUBJECT TO MINIMAL MAINTENANCE DESIGNED TO PRESERVE ACCESSIBILITY AND Q N 2 - _ 189.85, EIP Tp — ' VISUAL CHARACTER. A WOODED BLOCK CONSISTS OF TWELVE STANDARD 4' X 10' PLOTS, N "' IPS � _ _ � � � i TYPICALLY ONLY PARTIALLY UTILIZED FOR BURIALS DUE TO CONFLICTS WITH TREES AND ROOT N 81*58 02 W suP - - _ _ SYSTEMS. w � r N 5 U ,1 7.0 DATE: NOVEMBER 2, 2023 m � ' iPs ro EiP NEW WOODEN PEDESTRIAN BRIDGE N 1 SUP THIS DRAWING AND THE DESIGN HEREON WITH GRAVEL FOOTPATH ACROSS ARE THE PROPERTY OF CIVIL CONSULTANTS, 1 INC. THE INFORMATION ON THIS DRAWING IS N/F OLSEN ELISE A —— _ DRAINAGE SWALE NOT FOR USE ON ANY OTHER SITE OR PROJECT. PIN: 9767155967 1 — THE REPRODUCTION OR OTHER USE OF THIS DRAWING IN WHOLE OR IN PART,WITHOUT DB 4436 PG 481 WRITTEN CONSENT OF CIVIL CONSULTANTS,INC., CURVE TABLE ZONING: RB 11 IS PROHIBITED. LAND USE: VACANT 1 NEW GRAVEL SURFACE COPYRIGHT 2024 CIVIL CONSULTANTS,INC. CURVE RADIUS LENGTH DELTA TAN. CHORD CHORD BEAR. C-1 1004.27' 34.28' 1'5720" 17.14' 34.27' N 63'14'10" E 1 N/F PERRY STEPHANIE L 9767253977 C-2 963.54' 273.16' 16'14'36" 137.50' 272.25' N 52'11'00" E 1 DBN 4294 PG 468 SHEET NO. 1 ZONING: RB LAND USE: RESIDENTIAL GRAPHIC SCALE 1 40 0 20 40 80 1 1 • 1 IN FEET 32 1 inch = 40 ft. Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C3.1 -Site-30015.dwg,C3.2, 3/21/2024 10:14:04 AM 35 /''' / \ / <� � �/ /' ,' / I 30' J z Eck \ + z w o N/F ROBERTS ERIC MICHAEL TRUSTEE _- ,�'S¢4 I / , ,' i a F PIN:9767178111 DB 6804 PG 1015 \ 1 J IL ZONING: RB LAND USE: RESIDENTIAL // T z > 190 � \ ` -- / t.6' Q �' a. dd bcj //�' i dop /-f S��PG MEMORIAL BE CHME ORIAL i E / �' / --/ I/ • , '/ WELL / " ENCH \ �,-•. E W ' i I rape 0 \ a IF I ° 0- pAbIffill' �' / O r�. BASIN `�, W ~ Old- W S'MAPLE d I — , / o Q tiro I o I \ 1 \ NOTES : o w 12.RCjD i/ o12"CPP /l ' 1. VEGETATIVE MATERIAL GENERATED BY CLEARING AND GRUBBING J / — OPERATIONS WILL BE DISPOSED IN A LEGAL OFFSITE LOCATION OR CHIPPED AND DISTRIBUTED ONSITE AS LANDSCAPE MULCH. 2. A LAND DISTURBING PERMIT WILL BE REQUIRED IF THE PROPOSED LAND DISTURBANCE EXCEEDS 10,000 SQUARE FEET. W 3. A STORMWATER MANAGEMENT PLAN WILL BE REQUIRED IF THE PROPOSED �/' LAND DISTURBANCE EXCEEDS 21,780 SQUARE FEET./ / / 4. OPEN BURNING OF TREES, LIMBS, STUMPS AND/OR CONSTRUCTION DEBRIS ASSOCIATED WITH THE PERMITTED ACTIVITY IS EXPRESSLY Young Ced" 1 1� �/ I j I PROHIBITED. 1 \ \ 1, ' \\ ' NaNy} � ' ry \/ , � �- \ / LE GE N D LIMIT OF DISTURBANCE/ CLEARING W CD 1 I TREE / \It �� � � / ; � � \� � _ � / Q i I �I PROTECTION FENCE � / t z w / t t O l \ \ \ as \ ' /�' // / i I 1 ■ / /''' / \\\ t\\ U / \ \ W N p w N/F PASCHALL JESSICA ET AL 00 w BRONSON EVAN oC � 2 p� \ PIN: 9767264452 Q C , --- _ ___ / DB 6769 PG 1503 z w w ZONING: RB \\ o LAND USE: RESIDENTIAL `\\ / \ ROCK 2�.�' ,/ 1� / _ �\ \\ \�\ z W C) N \ Q C� \ Cl) /--- —52 N / / \\ 1\ \ 5�$ 1 \ \\ > LU DATE: FEBRAURY 16, 2024 THIS DRAWING AND THE DESIGN HEREON ARE THE PROPERTY OF CIVIL CONSULTANTS, INC. THE INFORMATION ON THIS DRAWING IS o \ \ /� ' NOT FOR USE ON ANY OTHER SITE OR PROJECT. _ / // '' 1 \\ THE REPRODUCTION OR OTHER USE OF THIS A /// WRITTEN DRAWICONSENNG IN WHOLE OR IN PART,TOF CIVIL CONSULAN WITHOUT NC., IS PROHIBITED. COPYRIGHT 2024 CIVIL CONSULTANTS.INC . N 5�116• SHEET NO. GRAPHIC SCALE \ // rr► % _ \\ — — 30 0 15 30 60 'moo ' — — \\\\� \\ a 1 ti m i ,,`,. / \ — IN FEET ) • _4u� Wo •' / / 1 inch = 30 ft. Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C4.1 -Grading&Storm Drainage-30015.dwg, PRODUCTION SHEET,3/21/2024 8:35:27 AM 36 / PEV 24 \ TYPICAL WOODED PLOT. SELECTIVE TREE �I NO TREE REMOVAL ALLOWED IN / / so?/, 30• OAK REMOVAL ALLOWED IN ALL WOODED PLOTS FRONT SETBACK EXCEPT IN THE AREA / Z o ` INDICATED FOR TEMPORARY ACCESS. \ FRONT SETBACK IS A PRIMARY TREE _ NO TREE REMOVAL ALLOWED IN SIDE Z C ~ PROTECTION AREA / +� 1 / \ OR REAR SETBACKS, WHICH ARE W 4 Z 26, , ' W TUL ❑PL \ PRIMARY TREE PROTECTION AREAS \ / / 6' ° \ \ " N/F REED ANNA LOY V _ LIMITED TREE REMOVAL FOR TEMPORARY / / -7- PIN: 9767264959 + z 2 CONSTRUCTION ACCESS. REPLANT TWO +�/ DB 1 IN PG 243 , I .,y W o 0 \� NATIVE EVERGREEN TREES UPON / / / �� \ RB 4 • T POPLAR ZONING: ID V • / I / Q � LAND USE: RESIDENTIAL ` COMPLETION OF CONSTRUCTION ACTIVITY. / ,Y B'/OAK I 30 \ o Z v N / IL G' ♦ a / INE� ' 24 I❑ 15' OAK S 66./2233 Z N/F ROBERTS ERIC MICHAEL TRUSTEE �� / / / \ \ \ 60/'36' 1.s>, J W PIN:9767178111 �►�� / \ 16 OAK T/ \ `\ F/A PO OT•g4 <vk v • Z DB 6804 PG 1015 �g _ _ — — \ F/A �� z �_ ZONING: RB Y / \ \ m LAND USE: RESIDENTIAL r+ �\G�I`�1 / , + _ _ _ _ \ �o� Z to to /g 19� / \ AK LAWN \ o 1 AK 18, ❑ \ \ O \r ° / APPROXIMATE LIMIT \ ,\ M STREET TREES PER UDO 6.8.7(A) / / 20"E 3 APL � ❑A OF CLEARING AND \ \ / oa LAND DISTURBANCE \ \ �qr, 617 LF STREET FRONTAGE / 65 LF AVERAGE \ K SPACING = 9.5 TREES REQUIRED. / �� 16' 9INF! I \ \ \ \ >25 EXISTING TREES WILL REMAIN ALONG lkl H� °A 15" FRONTAGE TO SATISFY THIS REQUIREMENT. a TINE 2�OAK 1 1 116' OAK 17' JUDEA REFORM CONGREGATION CEMETERY N/F HARWARD SHANNON / EElS \p�N' / �"� K PIN: 9767261613 G / '� `�` MAPLE `- DB 4649 PG 263 / s" \ 16' ZONING: RB HARWARD SARA D / / /� MP. / P 1 I WATERSHED: UNIVERSITY LAKE PROTECTED \ �/2" EIR PIN: 9767164892 ♦♦� / 1� \NG P� / ( LAND USE: CEMETERY � DB 4429 PG 297 .••.•., ; . h ��\S REP" .�BP�� / ' 8 LE P a \ � \ ZONING: RB / : ; . :/ N \S P s� / / \ \ NO TREE REMOVAL 0.8' AG LAND USE: RESIDENTIAL,♦ / 6��\P� ° ��13"1 a / \ \ IN THIS AREA \ \� A ♦ / 22 / / 1" IPS / / / ¢?' �FZ°`� /� 12'Nkkan' 71HIac ♦ � ,� � / \ \ � EXISTING TREES ALONG �' / / � 000 / s 66.E \\ PROPERTY LINES SATISFY ' W / / / ARE MP��' I � fir' 12 �10 e®LPL / / 223•e UDO 6.8.7(B) - BETWEEN r/ E-+ 11�oak \ °-Akpk MAPLE 0 ' 4�4 2,/ �s• \ \ \ LOT PLANTINGS '` ' • � 0• A / `3 p .1, •.�" 0� \ / / s TO OTg4 \ \ \o.�• / cArcN / d ♦' ��\ PR�P',5"20" HIc 4Ny�A �� I Obl Oak ',z BASIN O / /ps Male 7 / ♦♦ 24 ® / ' / CA- / 12" 12"OAlpi •19• I\ �Q'/ \ / / HICKORO K \ \ 15' / 3 O l /� / � 01 co 1.4 B•CEDAR / \ I/ '3" LAWN s / �, / °' rr 0--4 E..4E­4 HICK ^I'°•°dJI"•°"01 I I,Y uapk to 14"NYI LI, 4oak I \ / \ \�\ \ \ / WQ / (.ti O 25"0 OAK k 13" N/F OLSEN ELISE A 13' H�CK❑ PIN: 9767155967 14" Oa •OAK / l Hickory / ^ DB 4436 PG 481 12" oa , Nkk a F•�•1 ZONING: RB � �,. �•��°k �_ OAK / / LAND USE: VACAN / O / 20 " �� " PINE l / / l / Y-9 Pk- ,�v I � x 1 � 17' OAK =Z Q 17" K I 1 A O Q /�� v/ R1;" Pinq \ \ 18, A / // / / / '^ P4 • // l 1 " HIC Y 1 o� L/1 ��� / �� / I 20"�K \ �� / 1" IPS v v0 r 13 NFL bl Ma le �� \ �� \ / / / N/F ROBERTS ERIC MICHA ROBERTS ERIC MICHAEL TRU EE �v N / Ndyl �Q • 16' A - O / PIN: 97672 v / DB 6804 PG 925 � \ Q / J � � �� ZONING: RB C�'T �� /( 22�K� �� / 17' OAK \ 13' OAK �� AK\ RFgR LAND USE: VACANT 13" Dok —� / 1 // l 0 / Sou oo —� 16" Oak � �w MAPLE 15" OAK 4" S�e gum °— 14' 13" OA\ \ ±"°" (�c o / 1 1HICK0 Y Gum ( 2eCeda�\ °RooK�— �— 12120A N / " \ _ A / o a a 1\�,/f� K / \ LAWN ' I1� " Oak s 15 Dbl�ak 2 1 / � (� 2 — / 12" HICKORY k � / DECK13"1 1HI� Y I 12'10" balc25 OAI� / 6„ oa I • 1 8" Cedar 1j�"Qjk / / / I 17" OAK �- rtv N/F PASCHALL JESSICA ET AL LEGEND / 17"Ook 14" ory BRONSON EVAN PIN: 9767264452 \/ / a DB 6769 PG 1503 LIMIT OF DISTURBANCE/ 8" pa -x� ZONING: RB CLEARING '` .6 Pine \ e ( .�°GYC 2 LAND USE: RESIDENTIAL 1 TREE � 1 1 PIN —• e• j$18 ��j \ APPROXIMATE LIMIT / 18' ❑AK / PROTECTION FENCE z l_�- 12 OAK � �/23 • / W • 1s' o �_J 7— —23©'95ak T tKpwko y OF CLEARING AND cIRY 1 OAK APPROXIMATE LIMIT /- _ / LAND DISTURBANCE 1 � I� \ 10" oak � '�1 / b I / OF CLEARING AND 2 14 PINE- �H1c KORY �X/ l \ I Sw�L1 LAND DISTURBANCE Landscape and Tree Preservation Notes 0 ` 1S 1�41COa 1 14 0 I � 185•oa•• \ / AK17 H CK❑ Y 7• I"E 1 \ / 0 LA �15'�AI� / Q 1. In addition to necessarytree clearing for the driveway and lawn lots, selective tree removal will be 2o"?auxloak \ 21" oArc� ( "• �° ` 1 � LAWN ISTURBA4 E OR 1 �/ �' g Y p Ir I \ 14• °�K ls' OAK \ % used in and near the wooded plots to remove unhealthy or undesirable trees. Such work will �— 1/ ' EIR 12' / 'nt7'• PTN 1 0`/ \ �— / 7' AG \\\ �/ T 1 1VEGETA�TION " o ,�" K J` _ - REMOVAL fto' ❑ K / generally leave larger stumps and roots in place to minimize disruption to ground surfaces. o Cc EXISTING TREES ALONG 16' OAK /Ns \\ \ I / 17 ❑AIG, REAM BUFFE 1 / lz lE 1 2. Where designated land disturbance limits abut existing trees, tree protection fencing will be installed � 0- �� %�' AK g g p gPROPERTY LINES SATISFY �o� �2" swE \ 1s�I E�(\ _' EL o UDO 6.8.7(B) - BETWEEN 6,• � \ 1 I i 1 �1 1atiAK 1 17KOAK \ / / and maintained during construction activltles. 0 Cl) �18' OAK 20'o AK 3. At the time of Site Plan review, minor adjustments may be made to the indicated balance of wooded W LU LOT PLANTINGS / 13• IN o / ��\ , J Y o w \� \ 2' °� / ` / tom /\ -i6. OAK/\1 oA l8• ° K v — - lots versus lawn lots, at the Owner's discretion. An such adjustments may involve corresponding �0 .1 AG \ / s 1 1 ` � p p Y J Y p g L adjustment of the clearing limits shown. W N ^ _ / �'��y �c- —STR AM BUkR� �R A Y ^o� ,' B—��BAc� / G���'�9 �� TREE �CTION AR 1 EXISTING TREES ALONG 4. Plant materials used for regulatory compliance will comply with plant material requirements, o N \_ y� PROPERTY LINES SATISFY includingspecies and size according to Orange Count UDO requirements. a - _ - _ 17' K UDO 6.8.7(B) - BETWEEN p g g Y q _ 1, IPS 189'85' Elp TO ids - - _ —/ L ERR Ate\ STRE M .0 =- - LOT PLANTINGS U r _ 3/4" ElP N 81'58 o2 W �p I 0.1' AG 1 7'04' IPS TO Elp \— _ / DATE: FEBRUARY 16, 2024 THIS DRAWING AND THE DESIGN HEREON ARE THE PROPERTY OF CIVIL CONSULTANTS, W INC. THE INFORMATION ON THIS DRAWING IS N \ SLIP _ NOT FOR USE ON ANY OTHER SITE OR PROJECT. _ 1" IPS \i v ` THE REPRODUCTION OR OTHER USE OF THIS EXISTING 1 I _ _ N F OLSEN ELISE A \ \ - 531, ^' EXISTING \ DRAWING IN WHOLE OR IN PART,WITHOUT / DRAINAGE \ _ _ 39 EII7 �/ WRITTEN CONSENT OF CIVIL CONSULTANTS,INC PIN: 9767155967 WAY \ \ O -_�___ TO IPS STREAM IS PROHIBITED. DB 4436 PG 481 \ \ \ =81'58 W COPYRIGHT 2024 CIVIL CONSULTANTS,INC. ZONING: RB Lu O 838.29' TOT - LAND USE: VACANT AL _] \ \ _ X \ �� \ �F PERRY STEPHA IN E L_ _ _ _ _ / X X SHEET NO. ' 976 DB. 253977-429 7 PPG 468\ GRAPHIC SCALE 3� ZONING: RBA \ '�� — '� /� LAND USE: RESIDENTIAL--, 8l 40 0 20 40 80 \v IN FM • 1 inch = 40 !t. Z:\Shared Folders\Projects\Corona\30015\DWG\Production\C8.1 - Landscape&Tree Preservation Plan-30015.dwg, PRODUCTION SHEET,3/21/2024 10:14:38 AM 37 10' O.C. MAX. W W CIO NOTES: Z tiO 40 1. WARNING SIGNS SHALL BE MADE OF �, C4 DURABLE WEATHERPROOF MATERIAL. W v v NO TRESPASSING a Z TREE PROTECTION AREA O O O O O O 2. LETTERS SHALL BE 3" HIGH MINIMUM, = J = if 0o PROHIBIDO ENTRAR CLEARLY LEGIBLE, AND SPACED AS N ZONA PROTECTORA PARA SIGN SHOWN. j LOS ARBOLES O O O O O O TEMPORARY TREE 3. SIGNS ARE TO BE PLACED NO a + GREATER THAN 100 FT. ON CENTER. O C PROTECTION FENCING Z O O O O O O O O O � . WHERE SHOWN ON PLAN � 4. PLACE SIGN AT EACH END OF LINEAR O W � r TREE PROTECTION AREAS AND 100 Z > N O O O O O O O O ,—POSTS FT. ON-CENTER THEREAFTER. V Z v W 44 F (1.33 LB/LF 5. FOR TREE PROTECTION AREAS LESS J O O O O O O O O O STEEL) THAN 100 FT. IN PERIMETER, PROVIDE IL STABILIZE SURFACE WITH COOL NO LESS THAN N ONE SIGN PER AREA. 0 SEASON GRASS COVER Z t�6. ATTACH SIGNS SECURELY TO FENCE 4c POSTS AND FABRIC. J ;W FINISHED GRADE EXISTING GRADE 0 Z 7. MAINTAIN TREE PROTECTION FENCE r , ago THROUGHOUT DURATION OF PROJECT. V d d z 8. ADDITIONAL SIGNS MAY BE REQUIRED ZV O ORANGE, UV / BASED ON ACTUAL FIELD CONDITIONS. �m 0 o RESISTANT �\ I v� O HIGH-TENSILE i14 9. BOTH ENGLISH AND SPANISH SHALL J� EXISTING SUBGRADE STRENGTH POLY SOIL FILL BARRICADE FABRIC BE USED FOR THE SIGNS. Mq O EXISTING GRADE WEATHERPROOF SIGN; 00 I PRESERVE NATURAL SEE NOTES FOR I.T. v SURFACE COVER CONSTRUCTION 0O J SPACING INFORMATION TREE PROTECTION FENCE DETAIL NITS REMOVE TREES, STUMPS AND LEAF LITTER PRIOR TO FILLING. RETAIN ORGANIC LAYER OF EXISTING SOIL. GROUND PREPARATION FOR LAWN PLOTS TYPICAL SECTION 16' I GRAVEL W E-4 W RETAIN LARGER/HEALTHY TREES PER OWNER'S DISCRETION 4 8' I 8' 4' W Z IN 1.4 SELECTIVE REMOVAL OF O SMALLER AND/OR UNHEALTHY TREES PER OWNER'S DISCRETION I O M--1 GRASSED SHOULDER � � � A 2.0% 2.0% Z E-4 3: 1 �- -� 3: 1 O a W j, THICKNESS ABC STONE 3: 1 COMPACTED SUBGRADE UNDER DRIVEWAY & SHOULDERS w DRAINAGE SWALE WHERE SHOWN W TYPICAL DRIVEWAY SECTION NITS W A AT OWNER'S DISCRETION, SUPPLEMENT NATURAL I COVER WITH UP TO 2" THICKNESS OF DOUBLE-GROUND WOOD MULCH TAKEN FROM D ONSITE TREE THINNING OPERATIONS. I I z O 1= a_ PRESERVE NATURAL SURFACE COVER 0 U EXISTING GRADE w 0 GROUND PREPARATION FOR WOODED PLOTS TYPICAL SECTION w Q 0 w DATE: FEBRUARY 16, 2024 THIS DRAWING AND THE DESIGN HEREON ARE THE PROPERTY OF CIVIL CONSULTANTS, INC. THE INFORMATION ON THIS DRAWING IS NOT FOR USE ON ANY OTHER SITE OR PROJECT. THE REPRODUCTION OR OTHER USE OF THIS DRAWING IN WHOLE OR IN PART,WITHOUT WRITTEN CONSENT OF CIVIL CONSULTANTS,INC., IS PROHIBITED. COPYRIGHT 2024 CIVIL CONSULTANTS,INC. SHEET NO. • Z:\Shared Folders\Projects\Corona\30015\DWG\Production\Cll.1-Site Detail-30015.dwg, PRODUCTION SHEET,3/18/2024 12:12:46 PM 38 SUP Application - Exhibit C-2 The future expansion of the Judea Reform Congregation Cemetery will maintain or enhance the value of contiguous properties. Gary Phillips In the forty years in which I have been actively involved in real estate and helped manage an agency of brokers, I have never observed a case in which a cemetery negatively impacted the value of a piece of property. Particularly in transition areas such as Orange County, cemeteries function as precious green spaces which offer a peaceful countenance not likely to be disturbed by residential or commercial development. We say, "very quiet neighbors" and smile, but we recognize the description as a positive attribute. Cemeteries also offer a connection to history which is important to many people, and healthy desirable neighborhoods surround iconic burial grounds all across America, from Woodlawn in the Bronx to Bonaventure in Savanna or St. Lewis Cemetery No. 1 in New Orleans to our own God's Little Acre in Winston Salem, where the spare Moravian cemetery and a dramatic Victorian one corner with Salem College in parklike harmony. Examples are available everywhere if you need them. Just look around. There are revered and important cemeteries in every township and town in Orange County, with proud neighbors and healthy neighborhoods. Judea Reform Congregation Cemetery, which I drive by several times a week, is beautiful. It expresses a careful simple elegant design, with gardens, mature trees and large natural buffers. I have attended services there and have friends buried there, so it is special to me. It is special to many people, a landmark of community. In my research for this report I found two significant studies regarding the effect of cemeteries on real estate values, each concluding that these effects ran from market neutral to market positive, indicating that the stable presence of cemeteries often tend to increase the value of neighboring properties. In Effect of Cemeteries on Surrounding Property Values from the University of Florida in Gainesville, the head researcher Tonia Li concluded ". . .current appraised 39 values in Gainesville, Florida are unaffected by the distances of the nearest cemetery, while holding constant all other aforementioned predictor variables." (2021) This study examined over 200 properties and used 3 modes of analysis. It's reasoned, conclusive, and backed extensively by other sources. My conclusion from research, analysis and observation from experience is that the expansion of the Judea Reform Congregation Cemetery will maintain or enhance the value of contiguous property. I'm happy to answer questions if that would be useful. Thank you, Gary Phillips Weaver Street Realty 116 East Main Street Carrboro, North Carolina 919-444-1075 Gary Phillips is the founder and a managing partner of Weaver Street Realty in Carrboro, which has been in business for over 40 years. A former appraiser, Mr. Phillips has a specialty in alternative land use, including conservation easements and other protective strategies for significant botanical areas, river corridors and working farms. He has also served as Chairman of the Chatham County Board of Commissioners and Poet Laureate of Carrboro. 40 Gary Phillips Real Estate Broker — NC License #90959 Professional Experience • Founder and a managing partner of Weaver Street Realty in Carrboro, NC since 1984. • Involved with more than 300 land transactions during the past 41 years, primarily in Orange and Chatham Counties. • Ten years as an appraiser specializing in alternative land use, including conservation easements and other protective strategies for significant botanical areas, working farms, river corridors, and public water supply watersheds. • Member of the Chatham County, NC Board of Commissioners from 1998 to 2002, serving as Chair from 2000 to 2002. • Chair of the Carrboro Downtown Development Board during the tenure of Mayor Eleanor Kinnard. Educational Background • University of North Carolina at Chapel Hill — B.A. in American Studies. • Ongoing professional development with the American Appraisal Institute. Professional Honors and Recognition • Developer of the Year Award (for Environmental Protection) by the Triangle Land Conservancy. • Awarded a Publication Prize in Environmentally Sound Agriculture for "Real Estate Tools for the Farmer: Habitat Preservation, Tax Benefits, and Capitalization through Limited Development." • Poet Laureate of Carrboro, NC 2016-2019. • Numerous other featured speaking and publication credits as a writer, naturalist, and entrepreneur. SUP APPLICATION - EXHIBIT C-3 41 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or plan ningapps orangecountync.gov Environmental Assessment Please check all applicable boxes and complete the required documentation. Additional information is contained in Section 2.25 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. * Please fill out all required fields An Environmental Assessment(EA)shall be required for each individual parcel proposed for development consistent with applicable criterial as detailed within the LIDO. Date: February 15, 2024 Contact Information* Property Owner(s): Judea Reform Congregation Cemetery Corporation Mailing Address: 1933 W. Cornwallis Road Durham, NC 27705 Phone: 919-923-6259 Email: cemetery@judeareform.org Applicant (if different than property owner): with copy to: ratalish@gmail.com Mailing Address: Phone: Email: I. Property Information* 1W Parcel ID Number (PIN): 9767-26-1613 Address: 2560 Jones Ferry Road Chapel Hill, NC 27516 Acreage: 10.27 Ac. Township: Chapel Hill Zoning District: Rural Buffer (RB) Watershed Overlay: University Lake Protected Other Overlay: None II. General Site Information* A. Adjacent Property Zoning North: RB South: RB East: RB West: RB Land Use North: Residential South. Residential; Southwest is Vacant East: Residential West: Residential B. Topography • Highest Elevation: 544 ■ Lowest Elevation: 503 ■ General direction of slope: South and east 42 ■ Estimated % of property with: 0 — 5% slope: 80° 5 — 15% slope: 90 0 15 — 25% slope: 2 ° More than 25% slope: 0 C. Water Features and Drainage The following water features are located on the property: ❑✓ Streams ❑Wetlands ❑ Ponds ❑ Drainage Easements ❑ Special Flood Hazard Area Describe A short section of buffered stream exists along a portion of the southeastern property line. This stream was verified by Orange County in a SWID letter dated June 15, 2023 (attached). (attach additional sheets if needed) D. Does the property contain any of the following Inventory of Natural or Cultural Resources? As identified in the "Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or the "Inventory of Natural Areas and Wildlife Habitats of Orange County, North Carolina". 1. Cemeteries ❑✓ Yes❑ No 2. Archaeological sites ❑ Yes No 3. Historic sites ❑ Yes❑✓ No 4. Areas of geological significance ❑ Yes❑✓ No 5. Designated natural areas ❑ Yes ❑✓ No 6. Designated habitat ❑ Yes ❑✓ No For each yes answer above, please indicate the location on the site plan and complete Attachment A. III. Project Description* A. Describe proposed use of property: The subject property has been used as a cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. B. Number of lots: One parcel; no subdivision C. Number of structures: No new structures proposed D. Estimated square footage of area to be graded for development of attached residential units (excluding roads, but including parking areas) None E. Estimated square footage of area to be graded for non-residential use (excluding roads) Approx. 1.0 acre graded for lawn burial plots and edge conditions F. Estimated area to be graded for roads 1.5 acres for driveway corridor ■ Road type: ❑ Public ❑ Private ❑ Class A ❑ Class B ■ Total road length: approx. 1,100 LF private driveway (not a private road) IIII. State Permits Required* A. Does the project involve the mining of earth products? ❑ Yes ✓❑ No ■ If yes, how many cubic feet of material are expected to be excavated? ■ Has an application for a Mining Permit been submitted to NCDRCD? ❑ Yes ❑✓ No Please attach map indicating expected extent of proposed activity. B. Does the project involve generation or storage of hazardous or toxic wastes, as identified by the Environmental Protection Agency? ❑ Yes ❑✓ No ■ Describe the wastes to be qenerated: I- • How much material is expected to be generated per month? ■ Will any material be treated onsite? ❑ Yes ❑ No If yes, indicate volume: Will any material be stored onsite? ❑ Yes ❑ No If yes, indicate volume: ■ Where will disposal of the material take lace? E_ ■ How will materials be transported to the disposal site? ■ What measures are proposed to protect water quality and air quality in case of spills? 44 C. Will the project involve a land application system for treatment of wastewater? ■ ❑ Yes ❑✓ No - If yes, describe ■ Has an application for a non-discharge permit been submitted to the NC Department of Environmental Management or Orange County Department of Environmental Health?❑ Yes ❑ No D. Is a septic tank system proposed which has a design capacity of more than 3,000 gallons per day? ❑ Yes ❑✓ No - If yes, describe E. Does the activity involve sludge disposal? ❑Yes❑✓ No • If yes, where is the source of the sludge? ■ Describe where and how the sludge is being disposed ■ Hasa NPDES nermit from the NC Division of Environmental Quality been issued? ❑Yes No F. Water Usage ■ Estimated number of employees: 0 x 25 gallons per day (gpd) = 0 gpd ■ Estimated water use for climate control = 0 gpd ■ Process Water % Consumed % Discharged to septic system % Discharged to surface (including storm sewers - Describe: % Evaporated % Reclaimed/reused % Other = 100% ■ Water used for cooling, heating, etc., in association with production or manufacturing % Reused • Consumed • Discharged - Describe: = 100% gpd Total Water Usage ■ Describe source of water: Onsite well, for lawn irrigation and maintenance uses 45 Attachment A* To be completed only if inventory sites are identified in I.D. (attach additional sheets if necessary) 1.a. Impact on Resource from Proposed Development 1.b. Proposed Mitigation 2.a. Impact on Resource from Proposed Development 2.b. Proposed Mitigation Certification and Signatures* Statement by Applicant - I certify that the information presented by me in this application is accurate to the best of my knowledge, information, and belief. February 15, 2024 Applicant Date Bruce J. Boehm, Co-President Judea Reform Congregation Cemetery Corporation Attachment: SWID Letter dated June 15, 2023 46 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 June 15, 2023 Judea Reform Congregation Cemetery 1933 West Cornwallis Rd., Durham, NC 27705-5799 Re: Orange County Unified Development Ordinance Surface Water Identification University Lake Watershed PIN: 9767261613 Dear Mr. Bruce Boehm, This letter serves as confirmation of an on-site surface water identification made by Orange County Erosion Control Division staff for the referenced parcel. Orange County enforces a stream buffer along streams and water features in the County per the Orange County Unified Development Ordinance (see Section 6.13 Stream Buffers). According to current Orange County GIS imagery of the parcel, there is (1) previously mapped water feature, which was evaluated. Feature A noted on the attached aerial photo was found subject and is unchanged on the Orange County GIS. The feature does require a buffer according to buffer regulations and does require an undisturbed buffer along both sides, as calculated per the referenced Ordinance regulations. Undisturbed buffer areas, shall be measured from the top of the stream bank, outer edge of wet, marshy areas, or outer edge of the floodplain where applicable. In the instance where a water feature has braided stream segments with channels running parallel to one another, the buffer shall be measured from the outermost bank on either side. See below for examples of how the buffer is to be measured in varying situations: Orange County Government I www.orangecountync.gov 1 919-732.8181 47 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 131 W.Margaret Lane,Hillsborough,NC 27278 919.245.2575 1 Suffer Width 1 1 1 ,# OR 0 Buffer Width 1 1 ■� :\ ,. -_-�" -�_ -�'- 1' ,,� Edgy of F'loodplain of straaiii b.,V- OR 1 Buffer Width 1 1 1 Edge ofWet, �, � _ 1 Marshy area Y 1 1 Orange County Government www.orangecountync.gov 1919-732.8181 48 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1 131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 The following is a description of how the buffers affect the property: 1. Feature A, a previously mapped water feature, has been evaluated and found to be subject and is unchanged. The water feature remains the same as previously denoted and requires a buffer. If you have questions about this determination, please contact me at (919) 245-2588. However, if you have further questions about the application of the Unified Development Ordinance to this parcel, how to calculate the buffer lengths, or possible restoration requirements, please contact Patrick Mallett, Deputy Director Development Services at 919-245-2577. Sincerely, Steve Kaltenbach Erosion Control & Stormwater Supervisor Attachments:Aerial Photograph / Map cc: File Orange County Government I www.orangecountync.gov 1 919.732.8181 Orange County Surface Water Identification 0 It r � 000 q r University La a Protected Feature A ,.f 1 r r PIN#: 9767261613 CONGREGATION CEMETERY JUDEA REFORM e s Data shown on this map is obtained from Orange County 1933 W CORNWALLIS RD GIS and is for reference only. DURHAM, NC 27705 Exact locations and boundaries should be Feld verified. Map prepared by Orange County Planning&Inspections. Miles Streets Streams(Deleted) Regulatory floodway 0 0.025 0.05 USGS Water Feature Zoning 1%Annual Chance of Flooding ORANGE —•—• Soils Survey Water Feature®Water Supply Watersheds: Water Body COUNTY NORTH CAROUNA OC Updated Water Feature Parcels Water Body(Deleted) 6/20/2023 SUP APPLICATION - EXHIBIT C-4 50 civilconsultants LAND DEVELOPMENT CONSULTANTS PRELIMINARY STORMWATER IMPACT ANALYSIS For Judea Reform Congregation Cemetery Expansion Orange County, NC February 15, 2024 Project #30015 SEAL s Prepared For: Judea Reform Cemetery Corporation 1933 Cornwallis Road Durham, NC 27705 PIN: 9767-26-1613 LAND PLANNERS + CIVIL ENGINEERS 3708 LYCKAN PARKWAY, SUITE 201 DURHAM, NC 27707, PHONE:919.490.1645 WWW.CIVIL-CONSULTANTS.COM LIC.C-1030 51 Table of Contents Project Narrative Project Data Site History Project Description Quantifying Changes in Impervious Surface Watershed Protection Overlay Streams Floodplains Applicable Requirements Methodology Conclusions Reference Materials Web Soil Survey Printout Map FEMA Map Peak Flow Analysis Pre-Development Map Post-Development Map 1-year Routing Calculations 52 Project Narrative Project Data The project site is located off of Jones Ferry Road.The parcel will be accessed by an existing gravel driveway.The project site is in the Cape Fear River Basin and the University Lake Protected Watershed. Site History The project site consists of forested area with an existing stream adjacent to the parcel.The site has rolling topography. Runoff drains southeasterly toward the edges of the property to streams and drainage draws. Project Description The project seeks to develop the property further with a proposed gravel drive and additional grave plots.The plots will be both open and within the existing forest. Forested plots will have limited disturbance and not be disturbed during construction. Quantifying Changes in Impervious Surface The project site is completely wooded except for the limits of the existing cemetery.The project proposes to add 30,000 SF of gravel area to the property.The majority of the work will be associated with the access drive that will be utilized to access the grave sites. Watershed Protection Overlay The project is within the University Lake Protected Watershed. Streams The parcel has a stream adjacent to south east boundary of the property. Floodplains The project site does not contain regulated floodplain areas per FEMA Panel 3710976700K. Applicable Requirements Peak Runoff Control Requirements The project drains to one point of analysis.The project will be subject to peak runoff control requirements of the 1 year storm. Project drainage leaves the site at one location. POI 1 is a concentrated point in the stream located at the southeasterly border of the property. Flow will enter the perennial channel in a distributed fashion. 1-Year Peak Flow The peak flow analysis will demonstrate that the post-development 1-year storm peak flow will not exceed a 10% increase in the pre-development 1-year storm peak flow based on predevelopment landcover conditions on site. 53 Water Quality Requirements The project site is in the Jordan Lake basin. Water quality requirements are not enforced in this drainage basin. TMDL Requirements The project site does not discharge to any TMDL limited receiving waters. Methodology Peak Runoff Control Swales will be utilized to slow down the time of concentration for the drainage area. The swales will be built at reduced slopes then present topography to manage stormwater runoff. With the increased time of concentration,the minimally increased curve number will be mitigated as shown in the peak flow numbers modeled below. Pre- Post- Percentage Increase Over Pre- Development Development Development Conditions 1-Year 2.587 2.694 4.14% Conclusions The proposed project will meet all peak flow and water quality requirements. 54 Reference Materials Web Soil Survey Printout Map FEMA Map 55 Hydrologic Soil Group—Orange County,North Carolina 3 3 so b 20 F k k 668500 668600 668700 668800 668900 669000 669100 6691" 669300 669400 6695M 35°53 1T N 35°53 IT IN MID r U hD Y. Q _ N Q 8 r - rn II 10 I —� M 35°52'48"N - R 35°52'48"N 668500 668600 668700 668800 668" 669000 669100 669200 669300 669400 669500 3 3 - ro bo Map Scale:1:4,810 if printed on A landscape(11"x 8.5")sheet. R N Meters 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection:Web Mercator Comer coordinates:WGS84 Edge tics:UTM Zone 17N WGS84 G}DA Natural Resources Web Soil Survey 5/23/2023 Conservation Service National Cooperative Soil Survey Page 1 of 4 56 Hydrologic Soil Group—Orange County,North Carolina MAP LEGEND MAP INFORMATION Area of Interest(AOI) p C The soil surveys that comprise your AOI were mapped at Area of Interest(AOI) 0 C/D 1:20,000. Soils D Warning:Soil Map may not be valid at this scale. Soil Rating Polygons � A p Not rated or not available Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil 0 A/D Water Features line placement.The maps do not show the small areas of Streams and Canals contrasting soils that could have been shown at a more detailed 0 B scale. Transportation 0 B/D Rails Please rely on the bar scale on each map sheet for map 0 C measurements. Interstate Highways 0 C/D US Routes Source of Map: Natural Resources Conservation Service Web Soil Survey URL: 0 D Major Roads Coordinate System: Web Mercator(EPSG:3857) Not rated or not available Local Roads Maps from the Web Soil Survey are based on the Web Mercator Soil Rating Lines Background projection,which preserves direction and shape but distorts q distance and area.A projection that preserves area,such as the ® Aerial Photography Albers equal-area conic projection,should be used if more • A/D accurate calculations of distance or area are required. +'* B This product is generated from the USDA-NRCS certified data as B/D of the version date(s)listed below. x C Soil Survey Area: Orange County, North Carolina Survey Area Data: Version 23,Sep 12,2022 P1 0 C/D Soil map units are labeled(as space allows)for map scales * r D 1:50,000 or larger. r Not rated or not available Date(s)aerial images were photographed: Apr 23,2022—Apr Soil Rating Points 27,2022 p A The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background p A/D imagery displayed on these maps.As a result,some minor B shifting of map unit boundaries may be evident. B/D UU� Natural Resources Web Soil Survey 5/23/2023 � Conservation Service National Cooperative Soil Survey Page 2 of 4 57 Hydrologic Soil Group—Orange County, North Carolina Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI ApB Appling sandy loam,2 to B 34.6 32.2% 6 percent slopes ApC Appling sandy loam,6 to B 23.3 21.6% 10 percent slopes CfB Cecil fine sandy loam,2 A 6.1 5.6% to 6 percent slopes GID Goldston channery silt D 8.0 7.5% loam,6 to 15 percent slopes GIF Goldston channery silt D 3.3 3.1% loam, 15 to 45 percent slopes HeB Helena sandy loam,2 to D 25.6 23.9% 8 percent slopes EWmD Wedowee sandy loam,8 B 6.6 6.1% to 15 percent slopes a of Interest 107.5 100.0% USDA Natural Resources Web Soil Survey 5/23/2023 Conservation Service National Cooperative Soil Survey Page 3 of 4 58 Hydrologic Soil Group—Orange County, North Carolina Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential)when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential)when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff. None Specified Tie-break Rule: Higher uSDA Natural Resources Web Soil Survey 5/23/2023 Conservation Service National Cooperative Soil Survey Page 4 of 4 National Flood Hazard Layer FIRMette FEMA Legend 59 79°8'3"W 35°53'18"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation(BFE) pl�r"�\ f Zone A,V,A99 Ak�416� w SPECIAL FLOOD With BFE or Depth zone AE,AO,AH,VE,AR HAZARD AREAS Regulatory Floodway 4 0.2%Annual Chance Flood Hazard,Areas of 1%annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x Future Conditions 1%Annual IF Chance Flood Hazard zonex lob Area with Reduced Flood Risk due to OTHER AREAS OF Levee.See Notes.zone FLOOD HAZARD Area with Flood Risk due to Leveezone D r NO SCREEN Area of Minimal Flood Hazard zonex Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL ---- Channel,Culvert,or Storm Sewer F STRUCTURES IIIIIII Levee,Dike,or Floodwall Cross Sections with 1%Annual Chance E - 17•5 Water Surface Elevation ARE�4 O F IVl I N I N1AL FLOOD I-IAZIR D a- - - Coastal Transect MIGI[] }[ ^-^^-5n— Base Flood Elevation Line(BFE) Sam Limit of Study Jurisdiction Boundary 04 —--- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped YThe pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards VIL The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA.This map was exported on 2/8/2024 at 12:04 AM and does not reflect changes or amendments subsequent to this date and time.The NFHL and effective information may change or become superseded by new data over time. r � This map image is void if the one or more of the following map elements do not appear:basemap imagery,flood zone labels, legend,scale bar,map creation date,community identifiers, FIRM panel number,and FIRM effective date.Map images for Feet 1:6,000 79°7'26"W 35°52'49"N unmapped and unmodernized areas cannot be used for 0 250 500 1,000 1,500 2,000 regulatory purposes. Basemap Imagery Source:USGS National Map 2023 60 Peak Flow Analysis Pre-Development Map Post-Development Map 61 Time of Concentration Calculations 2-year,24-hour rainfall depth(in.) 3.54 Land Start End Average Hydraulic Time Catchment Flow Regime Length Cover Roughness Elev. Elev. Slope Radius (min) ' j /1 1 1 Sheet Flow 100 Woods 0.4 536.00 524.00 0.12 9.97 1 Shallow Concentrated Flow 763 Unpaved 524.00 502.00 0.03 4.64 TOTAL 1 14.61 /'/'i / ®""° / _/ 1 I 7­1 IN° Z 154 ov(nf j 100 SHEET h� / / FLOW 012% n =n N _ \ Ib w / �Zi /'�' -r �/ O .� \ / / l I V/ /// �� • � /�O'���1�/ I`A�j err(�J6 ��kd4r �'� I �i' /''/'' /' /i' i' ''ism.' —�'''�/ ' 'J 32 /1`�J / / . 1 1 I I j / / l S �■ w _ � - Y Jr H / J / ��^/ // ///// ii/� / //� /// � / / / / a� X -\ � � / /� � I(n� ��� ,J20 52Q �h�/ I✓l \\� 11 1 ;�I /' I �// / O �� S a� �� � /� � tlLN.w / \ ' /I / I/ O It'. 3 M Ch ID i —��sv /' �/� .� �� 1�•� / f rw \ '�i'', '////�� Y / ''JCL/ �..� / �� "�' ( •�� � s / // i/l�' / q i / \"V �^ \/ /.�/—�� /� 50 1" 117 / E`;ISTING ♦' I! / / /' GRAVEL ♦ \ —_1' \ / / ��V.]pc .mil / / 3 y / / / 00 ,DRIVE 1015' ..�:�. - � /"/ ���' � �f" / 16 763' SHALLOW ='� ? 1 ( , /. r CONCENTRATED , .. 1 FLOW ® 3% r � l GRAVEL 6�5,U 1 1 1� ' /yam\ 1 �•\ �• ��`O/X0 I-- ,/� I 'j I (J —' --- r _ 1 ,�' ��—' —/ `� °Iry: ---/Jj \I / DATE: 2024 APPRO)GIIATE STREAM N T_ "��_'�\-.\\ ^/-----'— �� _ —___ ''— _—' Jj I /—�•/ HORIZ.SCALE: DIRECTION '' '�'' / \ 1"=100' o % or now \�_— / ,�1 �/—`! �` ✓' j I 1 r���/^` VERT.SCALE: Z •r _" �� 1 C' I N/Aa STING DRAINAGE ,TO E%ISTINc z WAY STREAM O N PRO J.MANAGER: \ \�J\`"\- _ -\ ` \�`\ '�\ `-�\ \ \` �y " _ 1 �\ �_� Curve Number Calculations DRAWN BY: \� d O —t \ \ �— \ — —\_ �� / W z PROJECT NO: a —�_ �� �) `��� ��� \�� \r\�_ \ Catchment Area(ac.) LandCover HSG Curve Number Composite CN A w \ ' \\ j `^\ r `^�—` �\�\ — `�_\ �\ \ 1 0.01 Impervious B 98 1.0 GW'r A DRAWING NAME: 1 0.29 Gravel,Fair B 85 24.7 a SWM-30015.DWG —\ \ 1 6.34 Woods Fair B 60 O I \ \ 380.4 SHEET NO. ¢ I \ \— 1 _ 1 0.98 Open Space,Fair B 69 67.6 \/-�\ \\ (r It4 ----' '\__\�\ \\\ — `— _ ---_` �\ `�TOTAL 1 1 7.621 62.16 EX-1 N I i \1 �'/ /�\—�/\ �� \� • ----'"'_/1� `��� `� \� Rounded CN 62 62 Time rainfall Concentration ion Calculations !S 2-year,24 ho depth ) m I ,'/ \` 1 / / ) / I l/ Catchment Flow Regime Length Land Cover Roughness Start Elev. End Elev. Average Slope Hydraulic Radius Time(min) / /J /) I�_\ ` �/ 1 Sheet Flow 100 Woods 0.4 540.0 528.0 0.12 9.97 Y 1 Channel Flow 428 Swale 0.2 528.0 518.0 0.02 0.25 15.79 a e'J // / / /J / (/ / ♦\ / / I I / / \ 1 Channel Flow 80 Pipe 0.012 518.0 516.0 0.03 1.25 0.06 e w 1 Shallow Concentrated Flow 154 Unpaved 516.0 506.0 0.06 0.62 ��r n = Z Channel Flow 231 Stream 0.04 506.0 502.0 0.02 0.50 1.25 _ O a. TOTAL / 27.69 0- EE 100 SHEET. 1' I 'FLOW 012%,i \ M 'nm�wn pus / r^!,O JCLF�/ ((// 1 / i / \ ✓ / -1 /, l-`\`' \ i �i-\\ ,�i •�5 S= / - n� J \ / // I / 1 528.8 CI > ^428' CHANNEL FLOW ® 2% or 11005- 117 EKISTING X. URAVEL DRIVE < J / / 80 PIPE 1 l// .�� , I I ♦��r�^ i ,/ I / Ifr / / ___J FLOW ® 3% a 154' CHANNEL' er I I M _ FLOW 0 6 _( \ - �^ -\ 1 \\ - /` / / /(J / �9- DATE: 2024 ��'// HORIZ.SCALE: -- ---------- _ �_ VERT.SCALE: /\ _/ '- \ ♦_ \\�^J---- / I j /-" Zi N/A O l /') \>_ \ =� �. / % c� \ )� - ,J j / \✓ PROJ.MANAGER: o[ - �/\ \/ 1 �- lam- e�-�/ �,.�r----- - \^ �` ``�\-` ---�\\ \\ °mw \` �� / �� _, 'y- Curve Number Calculations a� DRAWN BY: POI 1'\- .J-- �_-_ W z PROJECT NO: - _ 231 CHANNEL �,. �� a -\`'�-- \ FLOW ® 2% ° "` ♦--� \---\,� �`� x Catchment Area(ac.) LandCover HSG Curve Number Composite CN A 6 `- - ��\ ` ,I -- 17 -\ `\ -♦� \� `� -� / 1 0.01 Impervious B 98 1.0 E'' w �� \/ -\ \\ A DRAWING NAME: 1 0.95 Gravel,Fair B 85 80.8 . O \- \ t i �1` - `- ``-_----\\ �\ \\ �\ SWM-30015.DWG --_r✓ ` _ 1 4.36 Woods,Fair B 60 261.9 o \ '-'\ \ \� \� / -\�- ---- ♦ \ SHEET NO. Lu 1 \ `�� \- -\ ♦ _ \\ \ \� 1 2.30 Open Space,Fiar B 69 158.7 /\ <i �.-����^�__-- `\\- ----/�`- \ \\-/---__\��� ` \\\ ��\ TOTAL 1 7.62 65.88 EX-2 ^\ J�� Rounded CN 66 V N - \i l I / l irk i _ \ ✓�\\ �_�\ �" --\/�_�� �� ���\ �I \\ \\ ���^--- I I lli 1,111 "> 63 1-year Routing Calculations Hydrograph Report 64 Hydraflow Hydrographs Extension for Autodesk®Civil 3D®by Autodesk, Inc.v2023 Thursday,02/15/2024 Hyd. No. 1 Pre Dev POI 1 Hydrograph type = SCS Runoff Peak discharge = 2.587 cfs Storm frequency = 1 yrs Time to peak = 723 min Time interval = 3 min Hyd. volume = 10,568 cuft Drainage area = 7.620 ac Curve number = 62 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 14.60 min Total precip. = 2.96 in Distribution = Type II Storm duration = 24 hrs Shape factor = 484 Pre Dev POI 1 Q (cfs) Hyd. No. 1 -- 1 Year Q (cfs) 3.00 3.00 2.00 2.00 1.00 1.00 0.00 0.00 0 180 360 540 720 900 1080 1260 1440 1620 Hyd No. 1 Time (min) Hydrograph Report 65 Hydraflow Hydrographs Extension for Autodesk®Civil 3D®by Autodesk, Inc.v2023 Thursday,02/15/2024 Hyd. No. 3 POST Dev POI Hydrograph type = SCS Runoff Peak discharge = 2.694 cfs Storm frequency = 1 yrs Time to peak = 732 min Time interval = 3 min Hyd. volume = 14,544 cuft Drainage area = 7.620 ac Curve number = 66 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = User Time of conc. (Tc) = 27.70 min Total precip. = 2.96 in Distribution = Type II Storm duration = 24 hrs Shape factor = 484 POST Dev PO11 Q (cfs) Hyd. No. 3 -- 1 Year Q (cfs) 3.00 3.00 2.00 2.00 1.00 1.00 0.00 0.00 0 180 360 540 720 900 1080 1260 1440 1620 Hyd No. 3 Time (min) 66 SUP Application - Exhibit C-5 Judea Reform Congregation Cemetery rr Y r� �r 1 7 R'ti IY t 7y �£ § �4� �; N�d� �. e ���� �,�� , a� _•r��l i� {�4 �1��� r� �Yalr;� ,_ 3r .Y! [. •:: ?�N, .+JFh�. �k�VRF..s .v., .f�Kt��K'ifleSW:�,..A .1'�.'���.�i°11 .u1'�: .� &°�#....�T u+ '"h 'g'g c 3�4v# b �'R r -flu -.--.r a •Sa -4 0. OF 2 M• Cam. _�` � -,�� �• �' s„- .`t�uP.i {w 4 S ,. ���� ',�'y-']%sisr,� `'' `ram` `fz�P•�.' �h ON "n..�.� � ,�r�►F�` � �•�' : TE�� � k psi •f � �'� �=�P r`� �"i ;�'� ° ro:-�� �ems—• u.�"f* � `T,, ^nev.§�# �,.,-a y �.rs f t:�n� �s�e�[5.dc'�',y'� ��w�''�4 � �� ry� :fir t E (,�.�{;ey'lt 'P►'. •, �, re � �• -' t+L.y`E'rk f Y ��� 'ice 4 rat FtA� �3�• , "w J4P12 t _ .. °�.e. �y..s �; ��'�1�`��. .';� r 'ti. ���ii`iS9 r ��`�a .: ���1�.•§r 'C�;. �.�{� VW t r` i' 9 1 qr I ,y SUP Application - Exhibit C-6 69 • civil consultants LAND DEVELOPMENT CONSULTANTS Tony M. Whitaker, P.E. President Education & Licensure • Bachelor of Science, Civil Engineering - North Carolina State University (1985) • North Carolina Professional Engineer# 014999 (1988— Present) Affiliations & Community Service • Habitat for Humanity Orange County, Site Selection Committee (2013 — Present) • Orange County Board of Health (2009— 2015 and 2021 — Present) • Orange County Animal Services, Hearing Panel (2016— 2020) • Orange County Board of Adjustment (1995—2000 and 2006—2009) • American Council of Engineering Companies • American Society of Civil Engineers Professional Experience • Civil Consultants Inc., Durham, NC — Founder and President (1993 — Present) Provides executive oversight and management responsibility for a land development and civil engineering consulting firm serving public and private clients across North Carolina. Mr. Whitaker serves as project manager and lead design engineer for selected projects, and provides general staff mentoring and project quality reviews. • Post and Associates Inc., Chapel Hill, NC— Staff Engineer (1985— 1993) Provided planning, civil engineering design and regulatory liaison for land development and public infrastructure projects in Durham and Orange Counties. • Mr. Whitaker is a seasoned land development consultant with 39 years of diverse experience in land planning, civil engineering, regulatory compliance and construction support on approximately one thousand projects ranging from single-family residences to mixed-use developments and massive industrial plants. Regardless of project type or size, he enjoys helping clients achieve project success while recognizing that each project is merely a means to some larger individual or corporate goal. Mr. Whitaker's professional services are characterized by careful listening, sound advice, creative solutions, practical design and careful attention to regulatory compliance. LAND PLANNERS + CIVIL ENGINEERS 3708 LYCKAN PARKWAY, SUITE 201 DURHAM, NC 27707, PHONE: 919.490.1646 WWW.CIVIL-CONSULTANTS.COM LIC.C-1030 70 EXHIBIT D SPECIAL USE PERMIT APPLICATION FOR ADDITIONAL GRAVE SITES AT THE JUDEA REFORM CONGREGATION CEMETERY Applicant's Statement of Compliance The following information provides evidence to support the required findings for approval of a Special Use Permit as listed in the Orange County Unified Development Ordinance, Article 5.3.2(A)(2): Finding # 1: The use will maintain or promote the public health, safety, and general welfare, if located where proposed and developed and operated according to the plan as submitted. As described below under Specific Standards and in the drawings included in this application, the proposal complies with and conforms to applicable laws, regulations, etc. that were designed to achieve this public health, safety, and general welfare objective. This finding is supported by the safety and design elements of the physical facility; the applicant's 40 years of experience operating the existing cemetery safely and in harmony with neighboring uses; and the provision of adequate space for funeral parking; negligible impact on traffic generation (typically fewer than 30 vehicles per funeral), with virtually all services held during midday non- rush-hour periods. The existing and proposed use fulfills a range of important practical and spiritual needs of the community. Finding # 2: The use will maintain or enhance the value of contiguous property. The Owner considers this finding to be satisfied per the written testimony of a local real estate expert as presented in Exhibit C-2. Finding # 3: The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located;and the use is in compliance with the plan for the physical development of the County as embodied in these regulations (UDO) or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. A cemetery is widely understood to be harmonious with rural residential character, and the 40- year presence of the existing cemetery has become an inherent element of its rural Orange County neighborhood. As such, the measured and responsible addition of new grave sites as proposed in this application will remain consistent with that existing character. The allowance of a cemetery as a permitted use in Orange County's Rural Buffer (RB) zoning district, subject to the protection provided by Special Use Permit review, is inherent evidence that this use complies with the County's plans for physical development. 1 71 The proposed addition of new grave sites will be implemented in accordance with Land Use Goals outlined in Section 5.6 of the Land Use Element of the Orange County Comprehensive Plan, in a manner that will be environmentally responsible (Goal #1) and which will protect cultural resources and community character (Goals #2 and #3). More specifically, the proposed project will comply with several Land Use Objectives outlined in Sections 5.7 and 5.8, including appropriate location of low-intensity uses within Protected Watershed areas (Objective LU-2.5) and within the Rural Buffer (Objective LU-3.3); preservation of natural drainage and hydrology patterns (Objective WR-7); and development that does not require the extension of urban utility services into the Rural Buffer (Objective WW-2). It is notable that the Cemetery's own Mission and Goals include the following statement, which is fully consistent with the County's Land Use Goals and Objectives: "To maintain the Cemetery grounds as a welcoming environment to the bereaved and as a tribute to the deceased, and to provide this service in a sustainable low-impact manner that minimizes the Cemetery's effects on the natural environment to the greatest extent possible." Specific Standards WDO 5.3.2 (B)) Standard # 1: Method and adequacy of provision of sewage disposal facilities, solid waste, and water. No wastewater services are available or necessary at the Cemetery, and none are proposed for the SUP area. No solid waste is currently generated, and none will be generated from the additional grave sites. As such, no special solid waste services will be provided. Routine landscaping and/or demand maintenance will continue to be provided by private contractors as needed. A water supply well is located on site, but is used for landscape irrigation and maintenance purposes only. Standard #2: Method and adequacy of police, fire, and rescue squad protection. The Cemetery's street address is properly registered with Orange County Emergency Services. The Orange County Sheriff's Department will continue to provide public safety and law enforcement services, and the Orange Rural Fire Department will continue to provide primary fire protection services with other local fire response entities providing secondary coverage. No combustible "assembly" structures are present in the existing portion of the Cemetery and none are proposed for the SUP area. Standard #3: Method and adequacy of vehicular access to the site and traffic conditions around the site. The Cemetery is currently served by an all-weather gravel driveway connected to Jones Ferry Road, which experiences light to moderate traffic conditions during the midday (non-rush hour) times when funerals typically occur. The existing driveway provides safe and adequate access, parking, and circulation. It will be extended into the SUP area and will include a turnaround loop with adequate geometry for emergency, funeral, maintenance, and grave digging vehicles. Funeral attendees will park along one side of the gravel driveway as directed by funeral home staff on site to provide traffic management for the occasion. 2 72 Standard #4: Other use-specific standards as set forth in UDO 5.6.2 Cemetery: (A)(1)(a): Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.0 Cemetery Commission shall be met. N.C.G.S. §65-47(a) exempts cemeteries "owned and operated by governmental agencies or churches"from its application. Notwithstanding this exemption, the Judea Reform Congregation Cemetery is managed and operated in accordance with industry standard practices for cemeteries and non-profit corporations, including governance by an elected Board of Directors, adoption of and adherence to written policies, fiscal oversight, record-keeping, and so forth. (A)(2)(a): A minimum lot size of two acres is provided. The size of the Cemetery property is 10.27 acres. (A)(2)(b): The site shall have direct access to a collector or arterial street. The Cemetery is connected via driveway directly to Jones Ferry Road. According to NCDOT's OneMap database, Jones Ferry Road is a Secondary Route (SR 1942) that has a Functional Classification as a Minor Collector road. (A)(2)(c): There shall be adequate space within the site for the parking and maneuvering of funeral cartilages [sic]. The proposed expansion area will be served by an extension of the existing all-weather gravel driveway, which varies in width from about 12 to 16 feet. This configuration has provided adequate space for internal parking and maneuvering of funeral vehicles and attendees in the past. As shown on the drawings, the driveway extension in the SUP area will have a width of 16 feet and will feature a generous one-way circulation loop allowing all vehicles to exit the site without requiring backup maneuvers. (A)(2)(d): No interments shall take place within 30 feet of any lot line. As shown on the drawings, no burial plots in the SUP area will be located within 30 feet of any property line. Other (UDO 2.7.9) (A) The project meets all applicable design standards and other requirements of this ordinance. Design elements within the SUP area will comply with all performance criteria and development standards listed in the UDO, including but not limited to the following: • Setbacks, land use buffers, landscaping and tree protection; • Land use intensity parameters, such as open space; • Impervious area limitations, stormwater management, and riparian buffers; • Temporary sediment control and stabilization of disturbed areas; 3 73 • Performance requirements related to operational conditions such as noise, lighting, and air pollution; • Vehicular access and circulation. The drawings and other materials submitted with this application provide documentation of the project's compliance with applicable UDO performance criteria. (B)The development can reasonably be completed within the vesting period requested, if any. The Owner is prepared to begin construction work on the site within 12 months of SUP approval. (C) Where vesting in excess of two years is requested, the project is located in an area where current issues under study do not involve potential amendments to the Comprehensive Plan and/or this Ordinance. No vesting is being requested for this application in excess of two years. 4 74 1873 CIVIL CONSULTANTS, INC. �FidelityBai* a�rtr�Yoau 3708 LYCKAN PARKWAY, SUITE 20 DURHAM,NC 27707 66-358/531 (919)490-1645 2/16/2024 V A C N PAY TO THE o ORDER OF Orange County $ --637.00 m m Six Hundred Thirty-Seven and DOLLARS N Orange County Planning & Inspection 8 Department ' 131 W. Margaret Lane Suite 200 MEMO Hillsborough, NC 27278 AUTHORIZED SIGNATURE SUP Application Fee 11'0000La73o i:053LO35851:022LOL3 ? S30 CIVIL CONSULTANTS, INC. 1873 Orange County 2/16/2024 Date Type Reference Original Amt. Balance Due Discount Payment 2/16/2024 Bill 30015 637.00 637.00 637.00 Check Amount 637.00 10201 Fidelity Checki SUP Application Fee 637.00 Orange County th V F r w i . February 2, 2024 This map contains parcels prepared for the inventory of real property within Orange County,and is compiled from recorded deed,plats,and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. PIN: 9767261613 The county and its mapping companies assume no legal responsibility forthe information on this map. OWNER 1: JUDEA REFORM CON GREGATIONIETERY 10.27 A BUILDING COUNT: 1:12,000 OWNER 2: DEED REF: 4649/263 LAND VALUE: 0 0.1 0.2 0.4 mi ADDRESS 1: 1933 W CORNWALLIS RD RATECODE: 19 BLDG_VALUE: ADDRESS 2: TOWNSHIP CHAPEL HILL USE VALUE: 0 0.15 0.3 0.6 km CITY: DURHAM BLDG SQFT: TOTAL VALUE: ti STATE, ZIP: NC 27705 YEAR BUILT: DATE SOLD: 8/3/2018 ORANGE COUNTY LEGAL DESC: S/S SR 1942 P119/10 TAX STAMPS: NORTH CAROLINA 76 OBJECTID PIN PINSTATUS OWNE IOFLAG OWNERI_LAST OWNERI_FIRST OWNER2_LAST OWNER2_FIRST ADDRESSI ADDRESS2 CITY STATE ZIPCODE 4542 9.77E+09 ACTIVE HACKNEY JOE HACKNEY BETSY PO DRAWER 1329 CHAPEL HILL NC 27514 4543 9.77E+09 ACTIVE HACKNEY JOE HACKNEY BETSY S PO BOX 1329 CHAPEL HILL NC 275141329 4546 9.77E+09 ACTIVE FISHER MICHAEL 606 FEARRINGTON POST PITTSBORO NC 27312 4547 9.77E+09 ACTIVE NASH JOHN H JR JENNE LYDIA CLAIR 2804 WINNINGHAM RD CHAPEL HILL NC 27516 4548 9.77E+09 ACTIVE CLUSIAU BEAU CLUSIAU ANDREA 2800 WINNINGHAM RD CHAPEL HILL NC 275160522 4549 9.77E+09 ACTIVE CORIN ELYSA GAITERI JOSEPH 2813 JONES FERRY RD CHAPEL HILL NC 27516 4550 9.77E+09 ACTIVE YES EASTON PAULA ETAL BACHENHEIMER RACHEL 2718 WINNINGHAM RD CHAPEL HILL NC 27516 4551 9.77E+09 ACTIVE YES PETERSEN KARL ENDEL TRUST 2719 JONES FERRY RD CHAPEL HILL NC 275169372 4552 9.77E+09 ACTIVE 1 MURPHY PROPE 1014 IVY LN RALEIGH NC 27609 4553 9.77E+09 ACTIVE GREESON WILLIAM MALCOM GREESON PATTY D 106 ANN LN CHAPEL HILL NC 275169390 4558 9.77E+09 ACTIVE POPE JOHN TRUSTEE 2708 WINNINGHAM RD CHAPEL HILL NC 27516 4559 9.77E+09 ACTIVE KEMPTER BRYAN C KEMPTER ELIZABETH C 2700 WINNINGHAM RD CHAPEL HILL NC 275160522 4562 9.77E+09 ACTIVE LIETH ERICH ILGEN LIETH MARYA 123 ANN LN CHAPEL HILL NC 27516 4596 9.77E+09 ACTIVE CLOUD JEREMY CLOUD SARA 100 CAROLINA FOREST RC CHAPEL HILL NC 27516 4597 9.77E+09 ACTIVE OLSEN ELISE A 109 CAROLINA FOREST CHAPEL HILL NC 27516 4598 9.77E+09 ACTIVE OLSEN ELISE ARLINE 109 CAROLINA FOREST CHAPEL HILL NC 27516 4599 9.77E+09 ACTIVE NEW PENNY PRO 400 MARKET ST STE 202 CHAPEL HILL NC 27516 4600 9.77E+09 ACTIVE ANGLADE MICHLELLE GERMAIN MALAIKA 107 ANN LN CHAPEL HILL NC 27516 4601 9.77E+09 ACTIVE HARWARD SHANNON G HARWARD SARA D 2617 JONES FERRY RD CHAPEL HILL NC 27516 4602 9.77E+09 ACTIVE STEWART TERESA L 2527 LAINE RD CHAPEL HILL NC 275169321 4603 9.77E+09 ACTIVE SCHWARTZ JENNIFER A WEIDENFELD MATTHEW C 117 ANN LN CHAPEL HILL NC 27516 4605 9.77E+09 ACTIVE YES NUGENT JOHN CHARLES JOPLIN SHAWNA MARIE 2528 LAINE RD CHAPEL HILL NC 27516 4606 9.77E+09 ACTIVE LENHARDT JASON LENHARDT TRACY 2522 LAINE RD Chapel Hill NC 27516 4607 9.77E+09 ACTIVE STARR ERIC JAMES STARR SHARI LYNN 2508 LAINE RD CHAPEL HILL NC 27516 4608 9.77E+09 ACTIVE YES KIESTER PHILLIP R KIESTER LENE M 202 BOWDEN RD CHAPEL HILL NC 27516 4609 9.77E+09 ACTIVE YES ROBERTS ERIC MICHAEL TRU 1921 LARKSPUR LN HILLSBOROUGH NC 27278 4610 9.77E+09 ACTIVE CULVER CAROL D 120 BOWDEN RD CHAPEL HILL NC 27516 4655 9.77E+09 ACTIVE PERRY STEPHANIE L PO BOX 163 CARRBORO NC 27510 4656 9.77E+09 ACTIVE ALLEN BRYNN H ALLEN LYNDSEY 455 DAMASCUS CHURCH I CHAPEL HILL NC 27516 4657 9.77E+09 ACTIVE SCOTT DAVES CO 305 POND BLUFF WAY CARY NC 27513 4658 9.77E+09 ACTIVE ZIMMERMAN BA'MARY 2511 RIDGEWOOD RD CHAPEL HILL NC 27516 4659 9.77E+09 ACTIVE ZIMMERMAN BA'MARY 2511 RIDGEWOOD RD CHAPEL HILL NC 27516 4661 9.77E+09 ACTIVE YES PASCHALL JESSICA ET AL BRONSON EVAN 3325 SEVEN SPRINGS RD HILLSBOROUGH NC 27278 4662 9.77E+09 ACTIVE REED ANNA LOY 2502 JONES FERRY RD CHAPEL HILL NC 275169369 4663 9.77E+09 ACTIVE YES BOONE EMILYJ BOONE SARAH E 104 WEST CRAWFORD STf MEBANE NC 27302 4664 9.77E+09 ACTIVE YES ROBERTS ERIC MICHAEL ROBERTS ERIC MICHAELTRUS 1206 STONY FORT RD WEST KINGSTON RI 2892 4665 9.77E+09 ACTIVE ZHUANG JEAN EVANS RYAN 107 BOWDEN RD CHAPEL HILL NC 275165500 4666 9.77E+09 ACTIVE CHERIAN KOSITY CHERIAN USHA 2424 JONES FERRY RD CHAPEL HILL NC 27516 4667 9.77E+09 ACTIVE YES SWANSON BENJAMIN B PELLETIER ERIN E 2418 JONES FERRY RD CHAPEL HILL NC 27516 4668 9.77E+09 ACTIVE YES SHUPING CONNIE SHUPING ROBERT 117 BOWDEN RD Chapel Hill NC 27516 4671 9.77E+09 ACTIVE PETRILLI MATTHEW 1005 W MAIN ST APT 146 DURHAM NC 27701 4672 9.77E+09 ACTIVE YES TANAKA YUKIO TANAKA YASUKO 2321 JONES FERRY RD CHAPEL HILL NC 275169352 4699 9.77E+09 ACTIVE WILSON DOTTIE W TRUSTEI 2420 RIDGEWOOD RD CHAPEL HILL NC 27516 4702 9.77E+09 ACTIVE CANOSA STEPHANIE ODAE CANOSA ALEJANDRO SEBAST 2419 RIDGEWOOD DR CHAPEL HILL NC 27516 4703 9.77E+09 ACTIVE BROCKMAN ROSEMARY 2317 RIDGEWOOD RD CHAPEL HILL NC 275168333 4704 9.77E+09 ACTIVE CLAASSEN BARBARA L 110 DAMASCUS CHURCH I CHAPEL HILL NC 27516 4705 9.77E+09 ACTIVE SMYTH LUAN L TRUSTEE 2306 JONES FERRY RD CHAPEL HILL NC 275169352 77 Attachment 2 � Staff Report Special Use Permit SUP24-0005 ORANGE COUNTY NORTH C:AROLINA Basic Information Parcel Identification 9767-26-1613 vicinity Map for Special Use Permit Application-PIN 9767261613 Number (PIN) +-✓y uao e1 . eor;re t rryr / o m I - s,J i `A Parcel` " " ® 2560 Jones Ferry Rd, Chapel BinghaKIcwnshlp _ y Address Hill - Chapel Hill Township JO Applicant Judea Reform Congregation Name and Cemetery Corporation Address 1933 W. Cornwallis Road Hw RI el Durham Nni�Rr ity Gk p IN ,; NC 27705 1 Cake Prdectatl f g � � Pro ert Judea Reform Congregation p y Cemetery Corporation Na me ame . PIN 9]6Jd61613 1933 W. Cornwallis Road ^� and Address <I, ma ve, ' ' , ,Ltl Durham, NC 27705 �Cha 1HII-°° ; t f�� Tony Whitaker r.,,-5,NPl,Iu-hd Agent(s), if Civil Consultants applicable 3708 Lyckan Pkwy, Suite 201 Durham NC, 27707 Parcel Size +/- 10.27 acres Adopted Future Land Use Map with PI N 9767261613 Depicted Future Land Use Map Rural Buffer (FLUM) Designation FLUM Overlay(s) Joint Planning Area Growth q Management Rural Designation e System Designation . rs� .olnt Definition of Designated lands in the FLUM Comprehensive Plan that are Designation adjacent to an urban or transition area that is rural in character and (from Article 10 which should remain rural and slams � of UDO) not require urban services. R.-.-zP�M�,;o A- Rrture Ca Join[PI arming Area _ r OGClWCA — � tl�fia.Category - c[ m Rural Rufrer 78 Interlocal Agreement Orange County-Chapel Hill-Carrboro Joint Planning Area-Land Use Plan Applicable Yes off% (Y/N) Applicable ILA Joint Planning Area Future Land Use Rural Residential Classification Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in Description character and which should remain rural; contain very low- density residential uses, agricultural uses exempt from zoning regulations, and low- intensity agricultural support uses; and not require urban o PIN:97672616d3 University lake Watershed services (water and sewer) A mr°tt Resa rcc Pro�c[ian during the Plan period. R�ralRs°°'°a' Special Use Permit Application for PIN 9767261613 Current Zoning District Rural Buffer (RB) Current Use Cemetery r, Township Chapel Hill 9767261613 Sri Requested Special Use Cemetery (62(C)) r ? r Univ ersity Lake Protected I � I Watershed District University Lake Protected rl 1:3PN97i e113 79 Surrounding Zoning and Land Uses Aerial Image with PIN 97672616130utlined North — Rural Buffer (RB) — Residential homes South — Rural Buffer (RB) — Residential home, undeveloped �g East — Rural Buffer (RB) ` — Residential home, undeveloped West — Rural Buffer (RB) — Residential homes Existing Roads ;- North Jones Ferry Road South None East Damascus Church Road West Jones Ferry Road Existing Conditions/Physical Features Judea Reform Congregation Cemetery currently operates on the +/-10.27-acre tract. The existing cemetery includes 514 burial plots. The site contains an existing ingress/egress connecting to Jones Ferry Road, gravel driveway, shed, and well. Approximately 9.05 acres of the existing cemetery site is wooded. The site contains a stream feature which requires a 100-foot stream buffer on either side of the bank per Section 6.13 of the UDO. 80 Proposed Project Proposed Development The property owner, Judea Reform Congregation Cemetery, is requesting a Special Use Permit (SUP) to allow for the expansion of the existing cemetery use (Use #62(C), Table of Permitted Uses). As contained in the applicant's narrative "The Owner does not propose any new structures, changes of use, character, or operation; but requests only the ability to continue the historically low impact/low intensity use of its existing facility". The existing cemetery was established in 1983 and contains 514 burial sites. Due to the limited number of remaining sites, the property owner is proposing to develop another portion of the property to continue cemetery operations. As detailed within the application and site plan, the area identified for the SUP (6.59 acres), will allow for 784 additional burial plots. The remaining 3.68 acre portion of the parcel located outside of the designated SUP area is not included with and not subject to the request. Per the applicant's narrative, the additional burial sites will be developed in areas designated as either "lawn" or"wooded." Lawn burial plots will resemble the existing cemetery, where land has been cleared and maintained as managed lawns. Wooded burial plots will be left ungraded and located within the existing wooded areas. These wooded areas may be selectively thinned to retain existing trees onsite. The project proposes to utilize the existing ingress/egress on Jones Ferry Road. A temporary driveway is being proposed on Jones Ferry Road for construction equipment to access the northern portion of the site. Following the completion of construction, the temporary driveway will be removed and the area will be graded and restored. Access to the designated SUP area will be provided with an extension to the existing gravel driveway on site. The Orange County Unified Development Ordinance (UDO) Table of Permitted Uses (Article 5, Section 2) allows for"Cemetery" to be permitted as a Special Use in the Rural Buffer (RB) zoning district, subject to use standards and conditions of approval, including site plan approval by the Orange County Board of Adjustment. 81 Site Plan SM NOTES- / /1 / TECIAL USE PE r BC.i}OARY r l / / 4RS+FYx CMNCAEB NRRV PROPFATY rEMf`Amy ME- / / k-b-r. 77 1.1 P ill SCALE SEE RUf 2 £:�R i£ESE fog.--E:M.R tt~?'T=le l i u }{NPCPhTY 17%V 9dli `R CISiAFa=-I g]IEHi. fps -iY-i'i% 1�� - TT - - [ u e 3WM1ON+Y I}THIS / - _ _ AiEI X-ES riH —1-.FLIT - -c i_ a 'TY V EGXTF dSTNIIL-E-r ��'+y�w •' Jg � 'IT 11-To av' mwx•ams _ 8■■ -ET LL ddL£FV'IY, A r I `T L-° J j VV -3EtlJ1.�FETblli BCLN: IN 11 - Ir: � � J ,( }HI4 dfEw Cd•tl CES NiM -Ti .... � �-'i F • _ y��IEA mcw�a m�M�d•���Mwa[timebF ��2�� 'A . i `J =�b,Na.sreer Jfw ulraYa 1 � "roPwawar, wa.Lwwl �i'�¢f { EfAYPLE SI HSRNPON OF TM- OR .F 1 4 e e1C.m ti_ CREIIATICx FLATS ONE n - , . _ srwoeRo-E-.T.Lr�A—xHo LEGEND -- u.RLe•s .'rvr i�uL4 EW Lx�N RLaTs PLuv uFu�n Axo wuE I L uTs-TANG w I RAn,RAL . . F{-F{-{11 YI RRrs�o co-1. rTr REfL4R L.,r-C4RE v-1'.iE E I,CtudHG WWrvE:w,IEAF I�_J1J,J1,II� REMSlnL I LANM BLOC%CON56T5 CF irt1�E STa. T L.T iY I:.+LLr F..LLr ',�ti. VRJIED FOt BUPoWS. -FSIPE'ifII]RLWAL PL9T5�.T E TE T -TEE--` LE-I. E-:I,G sWAL�Y RE-Ir fDrX"WRV M +ET-XMICIEAIIEB BY PREBFR.ED NATIVE CeN;::.�_ E i TEE. :DTI.-i ANB TNS AYEx WNCI]ER■rN rRORETFiY , ®� I E-`E.fT.DEL 1 CPTTNC 11 RE"CVPL OF T.EE - F-LLE P E�MLL aE NI"IRNYY:H6r RNORI M 9rJ12. - - .T�_ - I"-E}IIEE x5 Nm]FL MR!ESTHETIC ANd P ,TI 1 E E.PL2R�: ILL E••NN y - T -E - "TT o nnmLAxo nHnrnoN xLTN NAT�r-L LE-F urTE - nm°uuL::N -n E a',:E'_'3:ECi TO NlHrfl FWNIENl"A i E E•.E x:.�E56d LR. .. •' " • .I'-lE T- I -L X-.='TER. A GEII ELCCi(CdJ M '.FT.- T- :+.A]o'[10'RLLT-, ._. Ti 11i '.L, RLR 1. E T N.Ts xflH T-!NB ROdi ° h n E n e E,T`A1H,emS¢ 6I7-1 -.EL f.::.TFxIH n[Rp55 i E- U.-.y t .E -.EL..-E J 82 Proposed Access and Transportation Network Improvements The project is proposing access via the existing 12 — 16 ft. wide gravel driveway connecting to Jones Ferry Road. The proposed driveway design shall provide adequate access, parking, and internal circulation for funeral vehicles, emergency, and equipment vehicles. Prior to performing work in the NCDOT right of way, the applicant will need to obtain an approved NCDOT driveway permit for the proposed temporary construction access. The site is not expected to generate a significant amount of traffic and no roadway capacity improvements are warranted or required per NCDOT guidelines. Per UDO Section 6.17.2(2), a traffic impact analysis is not required. 83 Summary of Transportation Information Existing Roadway Characteristics Affected Roadway Jones Ferry Road Type of Roadway Local Collector— 2 lane undivided Current Roadway 10,000 AADT Capacity Latest Traffic Volume 4,300 AADT Traffic Generation Number of Trips Expected to be Generated by Proposed Project Daily trips vary; 60 trips per event Proposed Utilities No utilities are proposed. An existing well is located on the parcel, outside of the designated SUP area. Erosion Control/Stormwater Regulations The applicant has indicated the project will conform to existing stormwater management (Section 6.14) and erosion and sedimentation control (Section 6.15) regulations of the UDO. A Preliminary Stormwater Impact Analysis was submitted and is contained in Attachment 1. Attachment 5 includes Development Advisory Committee comments from Orange County Erosion and Sedimentation Control and Stormwater Management staff. Land Use Buffers/Setbacks North 20 ft. setback, 30 ft. burial setback South 20 ft. setback, 30 ft. burial setback East 20 ft. setback, 30 ft. burial setback West 40 ft. setback, 30 ft. burial setback, 30 ft. Type B landscape buffer Environmental Assessment (EA) The applicant has provided an Environmental Assessment (EA) application and supporting materials as required in Section 6.16 of the UDO with their submittal. These materials have been shared with various State agencies via the NC Department of Administration's State Clearinghouse. Planning and DEAPR Staff have jointly reviewed the materials and agree with a determination of"Finding of No Significant Impact (FONSI)" as required in Section 2.25.1 (B) (5) of the LIDO (Attachment 5). This determination eliminates a requirement from the applicant to provide a more detailed Environmental Impact Statement (EIS) process as outlined in Sections 2.25.2 and 6.16.4 of the UDO. 84 Solid Waste The applicant has indicated development within the project will conform to the Orange County Solid Waste Management Ordinance. Attachment 5 includes Development Advisory Committee comments from Orange County Solid Waste staff. Proposed Conditions The following conditions of approval are being submitted by staff: 1. Per Section 2.5 of the UDO, the applicant shall obtain all necessary development permits from the County prior to the initiation of any land disturbing activity associated with the construction of the proposed use included, but not limited to: Building Permit, Land Disturbance Permit, Solid Waste Management Permit, and Zoning Compliance Permit. 2. In accordance with the provisions of Section 2.7.11(C) of the UDO, if any condition of this Special Use Permit is held invalid or void, then the Special Use Permit itself shall be held invalid or void in its entirety and of no effect. 3. In accordance with the provisions of Section 2.7.11(D) of the UDO, the Special Use Permit will automatically expire within 12 months from the date of approval unless a vesting period was established and approved in accordance with Section 2.5.5 of the UDO. Review Milestones Application Submittal Date February 21, 2024 Development Advisory Committee March 7, 2024 (DAC) Review Neighborhood Information Meeting March 17, 2024 (NIM) Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) Town of Carrboro March 7, 2024 No State Environmental Review February 28, 2024 Yes Clearinghouse 85 Staff Analysis Compliance with Unified Development Ordinance Staff review determined that the application is complete and all submitted materials are in compliance with the following applicable sections of the UDO: ■ Section 2.7, Special Use Permits ■ Section 5.2, Table of Permitted Uses ■ Section 5.3.2, Application of Use Standards, Special Uses ■ Section 5.6.2, Cemetery "Cemetery" is identified as Use 62(C) in the Table of Permitted Uses. Section 5.2.1: Table of Permitted Uses of the UDO lists Cemetery as a permitted use of property within the RB general use zoning district subject to the issuance of a Special Use Permit. Standards governing the development of "Cemetery", as detailed in Section 5.6.2 of the UDO, are as follows: (1) Submittal Requirements In addition to the information required by Section 2.7 or 2.9, as applicable, the following shall be submitted as part of the application: (a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met. Staff Comment: Cemeteries owned and operated by churches are exempt from standards contained in Chapter 65 of the North Carolina General Statutes. (2) Standards of Evaluation (a) A minimum lot size of two acres is provided. Staff Comment: The project meets the minimum lot areas of 2 acres; the Special Use Permit is being requested for +/-6.59 acres, as indicated on the site plan. (b) The site shall have direct access to a collector or arterial street. Staff Comment: The site has direct access to Jones Ferry Road, which is classified as a minor collector road by the NCDOT. (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages. Staff Comment: The site plan proposes to extend the existing gravel driveway, which varies in width from 12 to 16 feet. The proposed configuration shall provide adequate space for parking and maneuvering of funeral cartilages and emergency vehicles. (d) No interments shall take place within 30 feet of any lot line. Staff Comment: The site plan provides for a 30-foot burial setback and all proposed burial plots meet the setback standard. No burials shall occur within this setback area. The applicant provided a description of the proposed use and site plan as part of the application packet (Attachment 1). The site plan identifies all elements required by the above listed UDO sections. The application packet also includes a landscape and tree protection plan which staff determines to be compliant with Article 6 of the UDO. The applicant has provided a basic environmental assessment as part of this submittal. Staff has reviewed and determined no significant environmental impact is expected from this project based on existing conditions. A Finding of No Significant Impact is available in Attachment 5 of case materials presented to the Board. Consistency with 2030 Comprehensive Plan 86 Staff review of the project included consideration for how the requested Special Use Permit relates to the Orange County 2030 Comprehensive Plan. The following analysis outlines elements of the Comprehensive Plan which staff identified as applicable and relevant to the consideration of this request. Chapter 2 — Planning Principles 1. Efficient and Fiscally Responsible Provision of Public Facilities and Services: Orange County's public facilities and services should be delivered in a manner that efficiently uses existing capacity. Expansions of facilities and services should be made only after careful consideration of the costs and benefits of expansion. Staff Comment: Not applicable. 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Staff Comment: The proposed project is permitted as a special use within the RB zoning district should it comply with the LIDO standards and meet the standards of evaluation as reviewed by the Board of Adjustment. The existing land use has operated for over 40 years at this site with very minimal impacts to the surrounding area. The proposed expansion of the existing use will remain limited to the property, generating low volumes of traffic and not negatively impacting surrounding properties. The use complies with UDO standards and is consistent with the Comprehensive Plan's Rural Buffer Future Land Use (Comprehensive Plan Appendix F). 3. A. Encouragement of Energy Efficiency, Lower Energy Consumption and Use of Nonpolluting Renewable Energy Resources 3. B. Promotion of Both Air Quality Protection and the Development of an Effective Transportation System: Decreasing the use of non-renewable resources and lowering energy consumption are encouraged in both public and private activities. The county's transportation system should be enhanced to promote more energy efficient modes of travel and improve air quality. Staff Comment: Not applicable. 4. Natural Area Resource Preservation: Protection of the County's natural areas, including forests, wildlife habitat, and other important open spaces should be a priority. The County should work with regional and local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. Staff Comment: The applicant provided an Environmental Assessment as part of the application package. Staff has reviewed and determined no significant environmental impact is expected from this project based on existing conditions. The project site plan protects the existing stream on site with required stream buffering. Required landscape buffer is provided along Jones Ferry Road and existing landscape is maintained along the perimeter. In addition, the project strives to protect and retain existing vegetation on site consisting of mature forest and diverse native hardwoods and evergreens. 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. 87 Staff Comment: The existing cemetery is harmonious with the rural character of the area and creates no conflicts with adjacent land uses. The proposed low intensity land use is consistent and compatible with the County's rural residential landscape, as presented in the site plan. Limited low intensity lighting shall meet ordinance standards and landscaping buffer standards will be met or exceeded, minimizing impacts to the adjacent parcels and maintaining the rural character of the site. 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. Staff Comment: The proposed project will utilize existing onsite well. No additional utilities are proposed. The proposed use will not discharge any wastewater or other liquid waste onsite. In addition, the site plan provides for a 100-foot stream buffer to protect water quality downstream. 7. Promotion of Economic Prosperity and Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. Staff Comment: The existing cemetery has operated at this location for more than four decades. The proposed project allows for the expansion of the cemetery to continue operations in Orange County. The rural setting will appropriately allow for the use to operate with minimal impacts to the area, while continuing to serve the Orange County community. 8. Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. Staff Comment: The project proposes development which is consistent with the existing onsite cemetery and surrounding rural landscape. The proposed low intensity land use shall not create a conflict with the adjacent low density rural residential uses and undeveloped properties. The proposed use will continue to preserve the cultural and historical character of the County. Chapter 5— Land Use Element, Section 5.6 Goals There are several land use goals in the adopted 2030 Comprehensive Plan of relevance to Cemetery (Use #62(C)) including: Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Staff Comment: The location and character of the proposed use, developed according to the plan submitted, will be consistent with the rural land uses of the area in which it is to be located. The use, as proposed and limited by the application and site plan, are consistent with the 2030 Comprehensive Plan's stated goals. The use is also consistent with the 2030 Comprehensive Plan and Orange County-Chapel Hill-Carrboro Joint Planning Agreement (JPA) Land Use Plan. The existing cemetery use is compatible with the rural residential character of the area. As a result, the proposed project shall remain compatible with minimal negative impacts to the immediate area. The combination of the required screening and setbacks with the natural environmental features of this property will adequately minimize impacts to surrounding properties. Based on application materials and current cemetery activities, funerals may only occur ten times a year and include 20 to 50 attendees. These ongoing activities will have minimal traffic impacts to Jones Ferry Road. 88 Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. Staff Comment: The proposed use meets all UDO standards for buffering and screening, as well as the applicable erosion control and stormwater regulations. There is no proposed activity in the 100-ft. stream buffer area. Furthermore, the project strives to protect and retain existing vegetation on site as part of the proposed wooded burial plots. The cemetery prohibits the use of chemical embalming fluids and requires all caskets or containers to be made of biodegradable materials. Based on State law, the cemetery use will not generate any air contaminant. In addition, the proposed project will comply with all local, state, and federal regulations pertaining to the disposition of human remains or other materials classified as hazardous materials in order to protect the local environment. The ongoing cemetery operations will continue to preserve the cultural and historical character of the community. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. Staff Comment: The existing use and proposed expansion is located within the Rural Buffer, adjacent to low density residential uses and undeveloped properties, within a rural area of the county. Standards contained in the LIDO, including landscaping and setbacks, will continue to allow the use to be buffered from neighbors and prevent negative impacts. The activity and impact of this use will be limited to the property, generating low volumes of traffic, lighting, and noise. The site shall be developed with all applicable development standards from the Orange County UDO in order to protect neighboring residential properties and minimize land use conflicts. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. Staff Comment: Orange County staff has noticed the public regarding this application, as required by Section 2.7 of the LIDO, including a required Neighborhood Information Meeting, mailings to neighboring property owners, and posting of the property. Additionally, staff have provided all application documents on the Active Development Projects webpage, responded to public inquiries, and featured it in the Department's newsletter. Appendix F. Relationship Between Land Use Classifications and Zoning Districts. Staff Comment: The requested special use permit would affect no change to either the zoning district or the Rural Buffer future land use classification of the subject property. The current Rural Buffer zoning and future land use classification remain consistent with the Comprehensive Plan's Land Use and Zoning Matrix. Consistency with Joint Planning Area (JPA) Land Use Plan The parcel is located within the Rural Buffer and Carrboro Joint Development Area of the JPA. As a result, the SUP application was provided to Carrboro Town staff for review and comment. Town staff did not provide any comments on the SUP request. The JPA Land Use Plan identifies the subject parcel as "Rural Residential," which is defined as: Rural Residential: Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which 89 should remain rural; contain very low-density residential uses, agricultural uses exempt from zoning regulations, and low-intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Staff Comment: The project proposes expansion to an existing land use that is consistent with the Rural Residential land use classification of the JPA. The applicant proposes the low intensity land use will remain in harmonious with the rural residential character of the area. Setbacks, landscaping, and retention of onsite vegetation will lessen impacts to adjacent parcels and allow for the use to retain its rural character while continuing to serve the local community. 90 Attachment 3 February 27, 2024 NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM) SUP Case # SUP24-0005 (JRC), Addition of Burial Plots at the Judea Reform Cemetery To Whom It May Concern: We, Judea Reform Congregation Cemetery, have submitted a Special Use Permit Application proposing to improve the existing cemetery property located at 2560 Jones Ferry Rd, Chapel Hill, NC 27516, (PIN 9767-26-1613) for Cemetery use. Per Section 2.7: Special Use Permits of the Unified Development Ordinance, you are receiving this letter because property you own is within 1,000 ft. of this parcel. The parcel is further described below: Property Information Parcel ID Numbers (PIN) 9767-26-1613 Owner Judea Reform Congregation Cemetery Applicant Judea Reform Congregation Cemetery Location 2560 Jones Ferry Rd, Chapel Hill, NC Acreage 10.27 Zoning RB (Rural Buffer) Watershed Designation University Lake Protected What is being proposed? We plan to add burial plots on our land. As with the existing cemetery, some plots will be in the woods and some in lawn areas. To access these additional plots we will also lengthen our gravel driveway. What is this meeting for? This Neighborhood Information Meeting (NIM)will allow you and other nearby property owners to meet with the applicant and discuss the proposal. 91 When and where is the meeting? Meeting Information Date March 17, 2024 Time 3:00 pm Place Judea Reform Cemetery Address 2560 Jones Ferry Rd, Chapel Hill, NC Ashley Moncado, Planner III Assigned Planner 919-245-2589 amoncado@orangecountync.gov Following the NIM, this proposal will go on to the Board of Adjustment for an evidentiary hearing. You will also receive a letter regarding when that meeting will take place and at what time. If you have any question regarding this project, feel free to reach out to me (contact information is listed below) or the Orange County Assigned Planner(contact information is listed above). Thank you, Judea Ref Congreg ion Cemetery Nancy Luberoff, co-Pre id t cemetery@judearefornin.org Enclosures: Concept Plan 92 Neighborhood Information Meeting Report Form REPORT OF INFORMATION MEETING REQUIRED BY THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE To: Ashley Moncado, Planner III Project Name: Judea Reform Congregation Cemetery expansion Approximate Location (or Address): 2560 Jones Ferry Road, Chapel Hill, NC Proposed Number Lots: 1 Residential (Y/N): N The undersigned hereby certifies that the required sign(s) was posted on the property proposed for project, on each road frontage of said project on (date) Feb 29, 2024 A photo of the sign posted is recommended to be attached to this form. The meeting was held at the following time and place: Judea Reform Congregation Cemetery, 2560 Jones Ferry Road, Chapel Hill, NC on Sunday, March 17, 2024, at 3pm. The persons in attendance at the meeting: See attached Attendance sheet The following issues were discussed at the meeting (Attach additional sheet(s) if needed): • We talked about the history and current operation of the Cemetery. • We described that there are no plans to change the operation of the Cemetery, and there is no expectation of an increase in the rate of annual burials. • We showed a map of the preliminary plans, described how some plots will be in the woods and some in lawn areas, where the construction equipment will enter the site, what noise to expect. • We described the SUP process and the opportunity for neighbor input at the BOA hearing. • There were 3 main concerns voiced by the two neighbors who attended the meeting: 1. Concern about embalming fluid entering the ecosystem. Response: Embalming is prohibited at the Cemetery 2. Concern about closures on Jones Ferry Road during construction. Response: We don't anticipate the need to close Jones Ferry Road, although there may be one or two short periods when Jones Ferry Road will have a flagman and only one lane of traffic. 3. Concern that we will be cutting down all the trees. Response: We are working with an arborist to protect as many trees as possible, will have many burials in wooded areas, and are leaving substantial wooded buffers on the perimeter of the project. As a result of the meeting, the following changes were made to the project proposal (Attach additional sheet(s) if needed): None, as the neighbors indicated that their concerns were being addressed as the project is currently planned. Date: March 20, 2024 Applicant: _ } By: Bruce J Boehm co-Presi ent Please submit this Report to the Orange County Planning Department located at 131 W. Margaret Lane or mail it to Ashley Moncado, at 131 W. Margaret Ln. Hillsborough NC, 27278. If you have any questions, please contact the assigned staff planner. 93 W y y- 4v) V Z w � -�- Z .� N Z � ,pa o ws c a 6 IL f s, 'F'x"_�x��i T �' e+�F• # ': ��� � '+ {y�•�h �• �•1 r'�, 'j �;- � � ,' ;I�� r� r y — ` Y + VL;�1�.`#'.;�''�L�.�• + 1 `�y•�_4. r �fi a,. hx r 2.1 ~.+ 4 L 1 + + k- r �I 'y. r' , n Il ISk{k{liiY[\L r ti.ti rF' ■y i.— ' �s i s Vic. a4• T r r. jR 0-jt ' S * V �5 I�+L ..•,g:t�;, f / x r ..rT �f *r L� � 5i •}+ y ' �} �.S 1 M r .yJw. 95 Attachment 4 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov I i31 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 CERTIFICATION OF MAILING BOARD OF ADJUSTMENT EVIDENTIARY HEARING ORANGE COUNTY, NORTH CAROLINA I, Ashley Moncado, with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.7 of the Orange County Unified Development Ordinance (UDO) I have mailed, or caused to be mailed, via mail a Board of Adjustment Evidentiary Hearing Notice regarding a Special Use Permit application proposing a cemetery use located at 2560 Jones Ferry Rd, Chapel Hill (PIN 9767-26-1613) on April 23, 2024. This notice informed those property owners within 1,000 of the subject property of the proposed Special Use Permit. The owners were identified according to the Tax Records and as required by the UDO. The mailed notice specified the date, time, place and subject of the Evidentiary Hearing meeting and provided information on the Special Use Permit review process. WITNESS my hand, this 23 day of April 2024. ( h/M M.0yea Ashley Mo AI P Planner III Orange County Planning and Inspections Department 96 4 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov I i3i W.Margaret Lane,Hillsborough,NC 27278 1919•245•2575 April 23, 2024 NOTICE OF BOARD OF ADJUSTMENT EVIDENTIARY HEARING TO REVIEW A SPECIAL USE PERMIT APPLICATION PROPOSING A CEMETERY Dear Property Owner: This notice is to inform you of a May 8, 2024 Board of Adjustment meeting, at which an application for a Special Use Permit for a parcel located at 2560 Jones Ferry Rd, Chapel Hill,NC (PIN: 9767-26-1613)will be reviewed in an evidentiary hearing. The+/-10.27-acre parcel is located within the Chapel Hill Township. This notification is occurring in accordance with the provisions of Section 2.7 Special Use Permits of the Orange County Unified Development Ordinance (UDO). The Special Use Permit request will be reviewed by the Orange County Board of Adjustment at 7:00 p.m.,May 8,2024 at the Whitted Meeting Facility (300 West Tryon Street, Hillsborough,NC). NO CHANGES ARE PROPOSED FOR YOUR PROPERTY. You are receiving this notice because you own property located within 1,000-feet of parcel requested for a Special Use Permit. PROPERTY INFORMATION Parcel ID Number (PIN) 9767-26-1613 Owner Judea Reform Congregation Cemetery Corporation ! Applicant Tony M. Whitaker, Civil Consultants Location 2560 Jones Ferry Rd, Chapel Hill,NC +/-10.27 acres; +/- 6.59 acres are subject to the Acreage Special Use Permit request Current Zoning Rural Buffer Proposed Special Use(s) Cemetery Watershed Designation University Lake Protected 97 The Special Use Permit application proposes to utilize the property to operate a cemetery within a+/- 6.59-acre portion of the+/- 10.27-acre parcel. The application proposes to allow for the expansion of the existing cemetery by developing another portion of the property to continue cemetery operations. As required by the Orange County UDO, should the application be approved, conditions will be binding for the property, with any significant change requiring subsequent Special Use Permit request and a new hearing before the Board of Adjustment. The review of all SUP applications is carried out in a quasi-judicial format, meaning that decisions relating to the approval or denial of an application are based solely on the sworn testimony of all parties involved with the case, both those for and against an application. The applicant has the burden of establishing, by the submission of competent, material, and substantial evidence, the existence of facts and conditions that demonstrate the project's compliance with the various requirements and standards for the proposed uses detailed within the UDO. Those opposing approval of the application shall have the burden of establishing, also through the submission of competent, material, and substantial evidence, the specific manner in which the proposal does not satisfy the requirements for approval of the application. Public comments in the form of sworn testimony meeting evidentiary standards can be accepted. Quasi-judicial hearings and decisions require a `fair trial standard' including accepting only competent, material, and substantial evidence. Personal, anecdotal, or hearsay comments, however, shall not be accepted as they do not represent `competent, material, and substantial evidence.' Additional information related to Special Use Permits can be found at the following link: https://www.orangecountync.gov/DocumentCenterNiew/21348/Special-Use-Permit-Fact- Sheet?bidId=. Additional information is available on the Orange County Planning Department's website: http s://www.orangecountync.gov/3 3 27/Special-Use-Permit-Application-SUP24-000. If you cannot attend the Board of Adjustment meeting and the website does not answer your questions about the requested Special Use Permit, you may call 919-245-2575 during regular business hours and you will be directed to a staff person who can assist you. Sincerely, Cy Stober Planning & nspecfsDirecFor Attachment 5 98 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 272781919.245.2575 April 23, 2024 Judea Reform Congregation Cemetery Special Use Permit (SUP) Application Case #: SUP24-0005 PIN: 9767-26-1613 Re: Development Advisory Committee Report for SUP24-0005 (LIDO § 1.9.5) The Orange County Development Advisory Committee (DAC) met on March 7, 2024, for a final review and discussion of the special use permit application for PIN 9767-26-1613 (Case #: SUP24-0005). The Orange County DAC has no objections to the approval of the special use permit application so long as the items in the attached departmental memos are addressed. The application package features an abstract and staff report that provide the foundations for my recommendation regarding this application and request. Sincerely, Cy Stober Planning & InsTions ' Orange County Government I www.orangecountync.gov 1 919.732.8181 99 �1 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: SUP24-0005 (JRC Cemetery) Location/PIN: 9767261613 Applicant: Judea Reform Congregation Cemetery Corporation Staff Planner: Ashley Moncado, Planner III DAC Meeting Date: 3/7/2024 Addressing and Britney Pendleton Land Records Date: 3-5-24 Staff: brpendleton(c)-orangecountync.gov 919-245-2576 1. Existing 911 Address for cemetery is 2560 JONES FERRY RD. Based on the plans our team does not expect that any additional addresses will need to be assigned. Please ensure that the address is clearly posted as the entrances so that construction worker or visitor will know the location if they need to call for help and First Responders can find it quickly in an Emergency. Address numbers should be at least 4" tall, visible from both directions on Jones Ferry Rd, reflective on contrasting background. James Bryan Attorney's Office Date: Staff: jb rya n(cD-orangecountync.gov 919-245-2319 No comments received. Building Michael Rettie Inspections Date: 2/27/2024 Staff: mrettie(a)orangecountync.gov 919-245-2604 1. Any construction regulated by the NC building codes will require permitting. Chris Hirni DEAPR Date: Staff: chirni(aD-orangecountync.gov 919-245-2514 No comments received. Environmental Victoria Hudson Health Date: 3/05/2024 Staff: vhudson(a)orangecountync.gov 919-245-2365 1. No well or septic records found for this parcel. 2. If a well is desired, a Well Permit is required and siting that is no less than 100 feet from any proposed or existing burial place. 100 Erosion Nate Jacobsen Control Date: 3/1/24 Staff: njacobsen(a�orangecountync.gov 919-245-2580 1. A Land Disturbing Permit will be required if the proposed disturbance exceeds 10,000 sq. ft. Fire and Life Elizabeth Farnan Safety Date: Staff: efarnan(a)orangecountync.gov 919-245-6153 No comments received. Chuck Edwards NCDOT Date: 2/27/2024 Staff: cnedwards(a)ncdot.gov 336-570-6833 1. Permitting: Prior to performing work in the NCDOT right of way, the applicant will need to obtain an approved NCDOT driveway permit for the proposed temporary construction access. 2. Trip Generation and Traffic Impacts: Based on the information provided, the site consists of expansion of an existing cemetery. The site is not expected to generate a significant amount of traffic and no roadway capacity improvements are warranted or required per NCDOT guidelines. 3. Plans: Prior to issuance of the permit, the applicant will need to submit complete plans with additional detail for the temporary construction access per NCDOT requirements. Ashley Moncado Planning Date: 3/4/24 Staff: amoncado(a)_orangecountync.gov 919-245-2589 1. Label existing adjacent land uses on site plan. 2. Label stream buffer area as Primary Tree Protection Area. 3. Add note "Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited." Matt Taylor Solid Waste Date: Staff: mtaylor orangecountync.gov 919-918-4905 No comments received. Stormwater Nate Jacobsen Management Date: 3/1/24 Staff: njacobsen(a)_orangecountync.gov 919-245-2580 1. A Stormwater Management Plan will be required if the proposed disturbance exceeds 21,780 sq. ft. Transportation Darlene Weaver Services Date: 3/4/24 Staff: dweaver(aD_orangecountync.gov 919-245-2002 1. No comment, I don't see an increase significant in traffic. 101 �1 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245•2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: SUP24-0005 (JRC Cemetery) Location/PIN: 9767261613 Applicant: Judea Reform Congregation Cemetery Corporation Staff Planner: Ashley Moncado, Planner III DAC Meeting Date: 3/7/2024 Addressing and Britney Pendleton Land Records Date: 3-5-24 Staff: brpendleton(c)-orangecountync.gov 919-245-2576 A signage label, as Existing 911 Address for cemetery is 2560 JONES FERRY RD. Based on the plans our well as Note#9 team does not expect that any additional addresses will need to be assigned. Please has been added to ensure that the address is clearly posted as the entrances so that construction worker or Drawing 3.1 to visitor will know the location if they need to call for help and First Responders can find it address this item quickly in an Emergency. and a related comment by Fire & Address numbers should be at least 4" tall, visible from both directions on Jones Ferry Life Safety. Rd, reflective on contrasting background. James Bryan 7 Attorney's Office Date: Staff: Ib rya n(a�orangecountync.gov 919-245-2319 No comments received. Building Michael Rettie Inspections Date: 2/27/2024 Staff: mrettie(a)orangecountync.gov 919-245-2604 Acknowledged. 1. Any construction regulated by the NC building codes will require permitting. Chris Hirni DEAPR Date: Staff: chirni(aD-orangecountync.gov 919-245-2514 No comments received. Environmental Victoria Hudson Health Date: 3/05/2024 Staff: vhudson(a)orangecountync.gov 919-245-2365 Acknowledged. 1. No well or septic records found for this parcel. No new well is 2. If a well is desired, a Well Permit is required and siting that is no less than 100 feet from proposed. I any proposed or existing burial place. 102 Erosion Nate Jacobsen ntrol Date: 3/1/24 Staff: naacobsen(-orangecountync.gov Note #2 has been 919-245-2580 added to Drawing 4.1 Land Disturbing Permit will be required if the proposed disturbance exceeds 10,000 to address this item. q ft. Separate F&LS Elizabeth Farnan comments reed Fire and Life Date: Staff: efarnan(a)orangecountync.gov and resolved via Safety email. Address 919-245-6153 signage comments No comments received. incorporated into revised Sheet 3.1 Chuck Edwards NCDOT Date: 2/27/2024 Staff: cnedwards(a)ncdot.gov 336-570-6833 1. Permitting: Note #2 on Prior to performing work in the NCDOT right of way, the applicant will need to obtain an Drawing 3.1 has approved NCDOT driveway permit for the proposed temporary construction access. been amended rip Generation and Traffic Impacts: to address DOT Based on the information provided, the site consists of expansion of an existing comments 1 & 3 cemetery. The site is not expected to generate a significant amount of traffic and no roadway capacity improvements are warranted or required per NCDOT guidelines. 3. Plans: Prior to issuance of the permit, the applicant will need to submit complete plans with additional detail for the temporary construction access per NCDOT requirements. Ashley Moncado Items 1 anIV ning Date: 3/4/24 Staff: amoncado(a)orangecountync.gov have been 919-245-2589 included as1. Label existing adjacent land uses on site plan. requested. 2. Label stream buffer area as Primary Tree Protection Area. Item 3 has 3. Add note "Open burning of trees, limbs, stumps, and/or construction debris associated been added with the permitted activity is expressly prohibited." as Note #4 on Matt Taylor Drawing 4.1 Solid Waste Date: Staff: mtaylor orangecountync.gov 919-918-4905 No comments received. Stormwater Nate Jacobsen Management Date: 3/1/24 Staff: njacobsen(a)orangecountync.gov 919-245-2580 Added as Note#3 s 1. A Stormwater Management Plan will be required if the proposed disturbance exceeds Drawing 4.1 21,780 sq. ft. Transportation Darlene Weaver Services Date: 3/4/24 Staff: dweaver(a)orangecountync.gov 919-245-2002 1. No comment, I don't see an increase significant in traffic. 103 From: Edwards,Charles N To: Ashley E. Moncado; Elizabeth Farnan; Nishith Trivedi;Matthew Taylor;Christian Hirni;Steve Kaltenbach; Christopher Sandt;Victoria Hudson Subject: RE: [External]DAC Memo-SUP24-0005(Judea Reform Congregation Cemetery) Date: Thursday, March 21,2024 8:19:31 AM Attachments: image003.pnno Please accept this e-mail reply as response to your request. NCDOT previously provided comments to the DAC on 03/07.We have no additional comments at this time. C. N. Edwards Jr., PE (Chuck) District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards&ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 •l ilr F 104 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245 2575 MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Christopher Sandt, PE — County Engineer, Planning & Inspections; and Steve Kaltenbach, Erosion Control and Stormwater Manager CC: Patrick Mallett, Deputy Director Development Services DATE: March 22, 2024 CASE: SUP24-0005 PIN: 9767-26-1613 WATERSHED: University Lake Protected (Cape Fear River Basin) PROJECT: Judea Reform Congregation Cemetery SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion & Sedimentation Control and Stormwater Management This memo summarizes the Development Services Erosion Control and Stormwater Management Division's (hereafter, the "Division's") assessment of the submitted application for a Special Use Permit (SUP), submitted as the "Judea Reform Congregation Cemetery" project (hereafter, the "project"). The project is located within 10.27 acres of property at 2560 Jones Ferry Road in Durham, North Carolina. The request proposes development consisting of: ■ Addition of 18-ft wide gravel access driveway and new grave sites The Staff comments contained herein are based upon a submitted Site Plan sealed on February 16, 2024, and a submitted Preliminary Stormwater Impact Analysis sealed on February 15, 2024. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Upon zoning approval, the proposed development would then be required to submit a Land Disturbing Permit (LDP) which would formally review and approve development activity consistent with the Conditional Zoning Plan. Erosion and Sedimentation Control (E&SC): According to current Orange County GIS imagery of the project parcel, there is one mapped stream feature within the project parcel boundaries. Orange County enforces 105 stream buffers along streams, rivers, water bodies, and other water features (e.g., wetlands) as outlined in Section 6.13 of the Orange County UDO. Based on the submitted materials for the proposed development, the project could meet the basic Erosion and Sedimentation Control requirements as outlined in Section 6.15 of the Orange County UDO and could be developed as generally proposed. Stormwater Management: The submitted materials indicate a level of development that could meet current UDO requirements specific to stormwater management. The project proposes to meet water quantity requirements (i.e., post-development stormwater runoff attenuation) as applicable to the Watershed Overlay District within which the project is located. There are no water quality requirements (i.e., post-development nutrient attenuation) currently associated with the Watershed Overlay District within which the project is located. The project will need to meet applicable stormwater management requirements as outlined in Section 6.14 of the Orange County UDO and must be in general conformance with the North Carolina Stormwater Design Manual (i.e., Minimum Design Criteria). Conclusion: The Division has No Objections to the approval of the SUP application so long as a complete LDP application and supporting plans and calculations are submitted to Orange County for review, processing and approval prior to commencement of on-site Land- Disturbing Activity. As the project progresses, additional field observations, and/or permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with this SUP application. Christopher Sandt, PE Date 3/22/2024 Steve Kaltenbach Date 106 NC* DOA Department of Administration Roy Cooper Pamela B. Cashwell Governor Secretary April 1, 2024 Ashley Moncado Orange County Planning & Inspections 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278- Re: SCH File#24-E-3700-0231 The subject property has been used as a cemetery for approximately forty years.This application proposes to establish additional grave sites on the property with the same character.The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a fo Dear Ashley Moncado: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made in the review of this document. Because of the nature of the comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act.The attached comments should be taken into consideration in project development. If you have any questions, please do not hesitate to contact me at (984) 236-0000. Sincerely, KADISHA MOLYNEAUX State Environmental Review Clearinghouse Attachments Mailing Location 1301 Mail Service Center I Raleigh, NC 27699-1301 116 West Jones St. I Raleigh NC 27603 a 984-236-0000 T ncadmin.nc.gov 107 To: Kadisha Molyneaux State Clearinghouse NC Department of Administration From: Lyn Biles Division of Environmental Assistance and Customer Service Washington Regional Office Re: 24-0231 Environmental Assessment- Proposal to establish additional grave sites on the property which will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. Orange County Date: March 30,2024 The Department of Environmental Quality has reviewed the proposal for the referenced project. Based on the information provided, several of our agencies have identified permits that may be required and offered some valuable guidance and recommendations. The comments are attached for the applicants review. The Department will continue to be available to assist the applicant with any questions or concerns. Thank you for the opportunity to respond. Attachments 108 9 North Carolina Wildlife Resources Commission 9 Ingram Cameron, Executive Director MEMORANDUM TO: Lyn Biles,Environmental Assistance and SEPA Coordinator NCDENR Division of Environmental Assistance and Customer Services FROM: Olivia Munzer,Western Piedmont Coordinator Habitat Conservation DATE: 26 March 2024 SUBJECT: Environmental Assessment for the Judea Reform Congregation Cemetery in Orange County,North Carolina. DEQ No. 24-0231. Biologists with the North Carolina Wildlife Resource Commission(NCWRC)have reviewed the subject document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes(G.S. 113-13 1 et seq.). Judea Reform Congregation Cemetery Corporation is proposing to establish additional graves sites within the existing cemetery. The sites will consist of a mixture of natural wooded and lawn plots placed within a forested site and served by a gravel driveway. The cemetery is located at 2560 Jones Ferry Road in Chapel Hill, Orange County,North Carolina. The project will involve approximately 1.0 acre of grading for lawn burial plots and edge conditions, and 1.5 acres for the driveway corridor. Unnamed tributaries to Phils Creek in the Cape Fear River Basin flow through the southern portion of the site. We have no known current records for rare,threatened, or endangered species at or adjacent to the site. We have known records for the state endangered and federal proposed endangered tricolored bat (Perimyotis subflavus)in Orange County and potentially suitable habitat may occur on the site. This project is unlikely to significantly impact rare,threatened,and endangered species. However,we recommend maintaining the larger oaks or hickories, and not clearing trees during the maternity season for tricolored bats(June—July).Also,erosion control matting made of plastic mesh or twine should not be used within the project area because it can injure or kill wildlife. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 109 Date: March 4, 2024 To: Michael Scott, Director Division of Waste Management Through: Janet Macdonald Inactive Hazardous Sites Branch From: Katie C Tatum Inactive Hazardous Sites Branch Subject: SEPA Project# 24-0231 Orange County Planning & Inspections, Orange County, North Carolina The Superfund Section has reviewed the proximity of sites under its jurisdiction to the Orange County Planning & Inspections project. Proposed project is to establish additional grave sites on the property with the same character.The additional grave sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. No (0) Superfund Section sites and no (0) Brownfields Program Sites were identified within one mile of the project as shown on the attached report. Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the Superfund Section review portion of this SEPA/NEPA inquiry. 3/4/24,8:28 AM about:blank 110 Superfund & Brownfield Sites SEPA/NEPA Review Report Area of Interest (AOI) Information Orange County SEPA project 24-0231 Area : 2,394.8 acres Mar 4 2024 8:27:12 Eastern Standard Time • V . w vW i6 ClXWl - Y ¢ w1th s s o r ,.I drawl nH Nch�a _ teenleclnh ;iulnvin �° � Commune a J /4 0jea �, Fe sells MOunt0i it Prifch erp M!!l Crvek e+ kvo 'F9� Q ^ l� V ,1ani q ,g° 1.36 112 D C33 D65 13m1 • Inactive Hazardous Sites 4 Inactive Eligible o zkm NC Brownfields Location View No Further Interest D5 1 Q Recorded • DryCleaning Contaminated N o d C T. ary, range ceeetY, q sated North GamliriacW r Esn HERE.Gaimi,.IN-E—P I15GS. about:blank 1/2 3/4/24,8:28 AM about:blank 111 Superfund and Brownfield Sites Orange County SEPA project 24-0231 Summary Name Count Area(acres) Length(mi) Certified DSCA Sites 0 N/A N/A Federal Remediation Branch Sites 0 N/A N/A Inactive Hazardous Sites 0 N/A N/A Pre-Regulatory Landfill Sites 0 N/A N/A Brownfields Program Sites 0 N/A N/A about:blank 2/2 112 Reviewing Regional Office: Raleigh Project Number: 24-0231 Due Date:03/25/2024 County: Orange After review of this project it has been determined that the DEQ permit(s)and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law.Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form.All applications,information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (statutory time limit) Permit to construct&operate wastewater Application 90 days before begins construction or award of treatment facilities,non-standard sewer system 30 days ❑ extensions&sewer systems that do not construction contracts.On-site inspection may be required.Post- (90 days) discharge into state surface waters. application technical conference usual. Permit to construct&operate,sewer extensions involving gravity sewers,pump Fast-Track Permitting program consists of the submittal of an 30 days ❑ stations and force mains discharging into a application and an engineer's certification that the project meets all (N/A) sewer collection applicable State rules and Division Minimum Design Criteria. system NPDES-permit to discharge into surface water Application 180 days before begins activity.On-site inspection.Pre- and/or permit to operate and construct application conference usual.Additionally,obtain permit to construct 90-120 days wastewater facilities discharging into state wastewater treatment facility-granted after NPDES.Reply time,30 days (N/A) surface waters. after receipt of plans or issue of NPDES permit-whichever is later. ❑ Water Use Permit Pre-application technical conference usually necessary. 30 days (N/A) Complete application must be received and permit issued prior to the ❑ Well Construction Permit installation of a groundwater monitoring well located on property not 7 days owned by the applicant,and for a large capacity(>100,000 gallons per (15 days) day)water supply well. Application copy must be served on each adjacent riparian property ❑ Dredge and Fill Permit owner.On-site inspection.Pre-application conference usual.Filling may 55 days require Easement to Fill from N.C.Department of Administration and (90 days) Federal Dredge and Fill Permit. Permit to construct&operate Air Pollution Application must be submitted and permit received prior to construction and operation of the source. If a permit is required ❑ Abatement facilities and/or Emission Sources as in an area without local zoning,then there are additional 90 days per 15 A NCAC(2Q.0100 thru 2Q.0300) requirements and timelines(2Q.0113). Any open burning associated with subject ® proposal must be in compliance with 15 A NCAC N/A 60 days (90 days) 2D.1900 Demolition or renovations of structures Please Note-The Health Hazards Control Unit(HHCU)of the N.C. containing asbestos material must be in Department of Health and Human Services,must be notified of plans to ® compliance with 15 A NCAC 20.1110(a)(1) demolish a building,including residences for commercial or industrial 60 days which requires notification and removal prior to expansion,even if no asbestos is present in the building. (90 days) demolition.Contact Asbestos Control Group 919-707-5950 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity.An erosion& sedimentation control plan will be required if one or more acres are to be disturbed.Plan must be filed with and approved 20 days ® by applicable Regional Office(Land Quality Section)at least 30 days before beginning activity. A NPDES Construction (30 days) Stormwater permit(NCG010000)is also usually issued should design features meet minimum requirements. A fee of$65 for the first acre or any part of an acre. An express review option is available with additional fees. Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular (30 days) ❑ attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Sedimentation and erosion control must be addressed in accordance with Local Government's approved program. Based on Local ❑ Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Program ® Compliance with 15A NCAC 2H.0126-NPDES Stormwater Program which regulates three types of activities:Industrial, 30-60 days Municipal Separate Storm Sewer System&Construction activities that disturb>_1 acre. (90 days) Compliance with 15A NCAC 2H 1000-State Stormwater Permitting Programs regulate site development and post- 45 days ❑ construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties,and (90 days) various other counties and watersheds throughout the state. 113 Reviewing Regional Office: Raleigh Project Number: 24-0231 Due Date:03/25/2024 County: Orange Normal Process PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Time (statutory time limit) On-site inspection usual.Surety bond filed with DEQ Bond amount ❑ varies with type mine and number of acres of affected land.Affected 30 days Mining Permit area greater than one acre must be permitted.The appropriate bond (60 days) must be received before the permit can be issued. If permit required,application 60 days before begin construction. Applicant must hire N.C.qualified engineer to:prepare plans,inspect construction,and certify construction is according to DEQ approved ❑ Dam Safety Permit plans.May also require a permit under mosquito control program.And 30 days a 404 permit from Corps of Engineers.An inspection of site is necessary (60 days) to verify Hazard Classification. A minimum fee of$200.00 must accompany the application.An additional processing fee based on a percentage or the total project cost will be required upon completion. ❑ Oil Refining Facilities N/A 90-120 days (N/A) File surety bond of$5,000 with DEQ running to State of NC conditional 10 days ❑ Permit to drill exploratory oil or gas well that any well opened by drill operator shall,upon abandonment,be N/A plugged according to DEQ rules and regulations. Application filed with DEQ at least 10 days prior to issue of permit. 10 days ❑ Geophysical Exploration Permit Application by letter.No standard application form. N/A Application fee based on structure size is charged.Must include 15-20 days ❑ State Lakes Construction Permit descriptions&drawings of structure&proof of ownership of riparian N/A property Compliance with the T15A 02H.0500 Certifications are required 60 days ❑ 401 Water Quality Certification whenever construction or operation of facilities will result in a (130 days) discharge into navigable water as described in 33 CFR part 323. Compliance with Catawba,Goose Creek,Jordan Lake,Randleman,Tar Pamlico or Neuse Riparian Buffer Rules is required. ❑ Buffer requirements:http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-perm its/401-riparian-buffer-protection-program Nutrient Offset:Loading requirements for nitrogen and phosphorus in the Neuse and Tar-Pamlico River basins,and in the Jordan and Falls Lake watersheds,as part of the nutrient-management strategies in these areas. DWR nutrient offset ❑ information: http://deg.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information ❑ CAMA Permit for MAJOR development $250.00-$475.00 fee must accompany application 75 days (150 days) ❑ CAMA Permit for MINOR development $100.00 fee must accompany application 22 days (25 days) ❑ Abandonment of any wells,if required must be in accordance with Title 15A.Subchapter 2C.0100. ❑ Notification of the proper regional office is requested if"orphan"underground storage tanks(USTS)are discovered during any excavation operation. Plans and specifications for the construction,expansion,or alteration of a public water system must be approved by the Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction ® as per 15A NCAC 18C.0300 et.seq.,Plans and specifications should be submitted to 1634 Mail Service Center,Raleigh, 30 days North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring requirements.For more information,contact the Public Water Supply Section,(919)707-9100. If existing water lines will be relocated during the construction,plans for the water line relocation must be submitted to ® the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center,Raleigh,North Carolina 27699- 30 days 1634.For more information,contact the Public Water Supply Section,(919)707-9100. Plans and specifications for the construction,expansion,or alteration of the water system must be approved ❑ through the delegated plan approval authority. Please contact them at for further information. 114 Reviewing Regional Office: Raleigh Project Number: 24-0231 Due Date:03/25/2024 County: Orange Other Comments(attach additional pages as necessary, being certain to comment authority) Division Initials No Comments Date comment Review DAQ SH ❑ See checked boxes above. 3/11/24 DWR-WQROS JM ❑ If impacts to the riparian buffer are anticipated,a buffer determination and 3/6/24 (Aquifer&Surface) & authorization will be needed from Chatham County.A feature is depicted on the NRCS Soil Survey and may be subject to the riparian buffer rules. & DWR-PWS TP ❑ See checked boxes above. 2/22/24 DEMLR(LQ&SW) CA ❑ See checked boxes above. 3/25/24 DWM—UST MRP ® 3/22/24 Other Comments ❑ REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office 2090 U.S.70 Highway 225 Green Street,Suite 714, 610 East Center Avenue,Suite 301, Swannanoa, NC 28778-8211 Fayetteville, NC 28301-5043 Mooresville, NC 28115 Phone:828-296-4500 Phone:910-433-3300 Phone:704-663-1699 Fax:828-299-7043 Fax:910-486-0707 Fax:704-663-6040 ® Raleigh Regional Office ❑ Washington Regional Office ❑ Wilmington Regional Office 3800 Barrett Drive, 943 Washington Square Mall, 127 Cardinal Drive Ext., Raleigh,NC 27609 Washington, NC 27889 Wilmington,NC 28405 Phone:919-791-4200 Phone:252-946-6481 Phone:910-796-7215 Fax:919-571-4718 Fax:252-975-3716 Fax:910-350-2004 ❑ Winston-Salem Regional Office 450 Hanes Mill Road,Suite 300, Winston-Salem,NC 27105 Phone:336-776-9800 Fax:336-776-9797 115 Department of Environmental Quality Project Review Project Number: 24-0231 County: Orange Date Received: 2-28-2024 Due Date: 3-25-2024 Environmental Assessment- The subject property has been used as a Project Description: cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel- surfaced driveway. Location:2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville F,/—] Air Air Quality 1:1Coastal Management Fayetteville a DWR Fv--']Waste Mgmt 1:1Marine Fisheries Mooresville �✓ DWR-Public Water Wf]Water Resources Mgmt (Public CC&PS Div. of ✓ Water,Planning&Water Emergency Mgmt Raleigh DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia Wilmington Wildlife/DOT Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: 3/7/2024 DWR/WRM David Wainwright Response(check all applicable) No objection to project as proposed. X No Comment Insufficient information to complete review Other(specify or attach comments) 116 Department of Environmental Quality Project Review Project Number: 24-0231 County: Orange Date Received: 2-28-2024 Due Date: 3-25-2024 Environmental Assessment- The subject property has been used as a Project Description: cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel- surfaced driveway. Location:2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 This Project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville F,/—] Air Air Quality 1:1Coastal Management Fayetteville a DWR Fv--']Waste Mgmt 1:1Marine Fisheries Mooresville �✓ DWR-Public Water Wf]Water Resources Mgmt (Public CC&PS Div. of ✓ Water,Planning&Water Emergency Mgmt Raleigh DEMLR(LQ&SW) Quality Program) DMF-Shellfish Sanitation Washington Fv—f] DWM El DWR-Transportation Unit �✓ Wildlife Olivia Wilmington Wildlife/DOT Winston Salem Manager Sign-Off/Region: Date: In-House Reviewer/Agency: 3/25/24 Melodi Deaver,DWM Hazardous Waste Response(check all applicable) X No objection to project as proposed. No Comment Insufficient information to complete review Other(specify or attach comments) 117 March 21, 2024 MEMORANDUM TO: Kadisha Molyneaux kadisha.mol. n�kdoa.nc.gov North Carolina State Clearinghouse Department of Administration FROM: Ramona M. Bartos, Deputy State Historic Preservation Officer SUBJECT: Expand Judea Reform Congregational church cemetery, 2560 Jones Ferry Road, Chapel Hill, Orange County, 24-E-3 700-023 1, ER 24-0662 Thank you for your email of February 28, 2024, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review(cdncr.nc.gov. In all future communication concerning this project,please cite the above referenced tracking number. 118 Control No.: 24-E-3700-0231 Date Received: 2/28/2024 County.: ORANGE Agency Response: 3/29/2024 Review Closed: 3/29/2024 LYN BILES CLEARINGHOUSE COORDINATOR DEPT OF ENVIRONMENTAL QUALITY Project Information Type: State Environmental Policy Act ironmental Assessment Applicant: Orange County Planning & Inspections Project Desc.: The subject property has been used as a cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. Location: 2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 As a result of this review the following is submitted: ❑No Comment ❑Comments Below ❑� Documents Attached Reviewed By: LYN BILES Date: 4/1/2024 119 Control No.: 24-E-3700-0231 Date Received: 2/28/2024 County.: ORANGE Agency Response: 3/29/2024 Review Closed: 3/29/2024 JINTAO WEN CLEARINGHOUSE COORDINATOR DPS - DIV OF EMERGENCY MANAGEMENT Project Information Type: State Environmental Policy Act ironmental Assessment Applicant: Orange County Planning & Inspections Project Desc.: The subject property has been used as a cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. Location: 2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 As a result of this review the following is submitted: ❑✓ No Comment ❑Comments Below ❑Documents Attached Reviewed By: JINTAO WEN Date: 3/18/2024 120 Control No.: 24-E-3700-0231 Date Received: 2/28/2024 County.: ORANGE Agency Response: 3/29/2024 Review Closed: 3/29/2024 DEVON BORGARDT CLEARINGHOUSE COORDINATOR DEPT OF NATURAL& CULTURAL RESOURCE Project Information Type: State Environmental Policy Act ironmental Assessment Applicant: Orange County Planning & Inspections Project Desc.: The subject property has been used as a cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. Location: 2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 As a result of this review the following is submitted: ❑No Comment ❑✓ Comments Below ❑✓ Documents Attached SHPO No Comments ER 24-0662 Reviewed By: DEVON BORGARDT Date: 3/21/2024 121 Control No.: 24-E-3700-0231 Date Received: 2/28/2024 County.: ORANGE Agency Response: 3/29/2024 Review Closed: 3/29/2024 JESSICA MOSLEY CLEARINGHOUSE COORDINATOR DEPT OF TRANSPORTATION Project Information Type: State Environmental Policy Act ironmental Assessment Applicant: Orange County Planning & Inspections Project Desc.: The subject property has been used as a cemetery for approximately forty years. This application proposes to establish additional grave sites on the property with the same character. The additional graves sites will consist of a mixture of natural wooded and lawn plots sensitively placed within a forested site, and served by a simple gravel-surfaced driveway. Location: 2560 Jones Ferry Road Chapel Hill, NC 27516 Parcel ID#: 9767-26-1613 As a result of this review the following is submitted: ❑✓ No Comment ❑Comments Below ❑Documents Attached Reviewed By: JESSICA MOSLEY Date: 3/15/2024 122 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 272781919.245.2575 April 23, 2024 Finding of No Significant Impact (FONSI) Judea Reform Congregation Cemetery Special Use Permit Application SUP24-0005 PIN: 9767-26-1613 A complete Environmental Assessment (EA) application for the Judea Reform Congregation Cemetery Special Use Permit (SUP) Application, for the property located at 2560 Jones Ferry Rd, Chapel Hill, Chapel Hill with PIN 9767-26-1613 (hereafter, the 'Project'), has been received and reviewed by the Orange County Planning and Inspections Department. The EA application, SUP application, and site plan were sent to local, state, and federal agencies for review. On February 16, 2024, the applicant submitted an Environmental Assessment application as required within Section 6.16 of the Orange County Unified Development Ordinance. Staff did not identify any element of the Project requiring the completion/submittal of an Environmental Impact Statement (EIS). In addition, an EIS was not recommended by any local, state, or federal agency. Based on the information contained within the EA application, SUP application, and site plan, Orange County Planning staff review, and comments received from local, state, and federal agencies, staff makes a Finding of No Significant Impact (FONSI) for the Project. Sincerely, Cy Stober Planning & Inspecti EDir Tr 123 Attachment 6a STANDARDS EXAMINED AND EVIDENCE RECEIVED BY THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY JUDEA REFORM CONGREGATION CEMETERY CORPORATION PROPOSING A CEMETERY ON A PARCEL OF PROPERTY LOCATED AT 2560 JONES FERRY ROAD (PIN 9767-26-1613) As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development Ordinance(UDO), a Special Use Permit is required for the expansion of a cemetery, in accordance with the provisions of Section 2.7 of the UDO. Such permits shall comply with general and specific standards as set forth in Section(s) 5.3.2 and 5.6.2 of the UDO. Section 5.3.2(A)(2) of the UDO requires written findings certifying compliance with the following: (1) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (2) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (3) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. In addition, the Board shall make findings certifying that the application is complaint with the following specific standards: (1) Specific standards for the submission of Special Use Permit applications as outlined within Section(s) 2.2 and 2.7 of the LIDO. (2) Specific regulations governing the development of cemetery as set forth in Section 5.6.2 of the UDO. (3) Section 5.3.2(B) relating to the method and adequacy of the provision of: a. Sewage disposal facilities, solid waste, and water; b. Police, fire, and rescue squad protection; c. Vehicular access to the site and traffic conditions around the site; d. Other use specific standards as set forth within the LIDO. (4) The general findings outlined within Section 5.3.2(A) (2). Listed below are the findings of the Orange Planning staff regarding the application in question. The findings have been presented by Article and requirement to assist the Board of Adjustment in its deliberations. 124 • lmiw R- P Submittal Requirements for all SUP Applications Staff Testimony Proper forms Section 2.2 1 Application (Attachment 1) Application (Attachment 1) Fees paid Section 2.2.4(D) [Fees paid at time of submittal. 1 Copy of check provided.] Application (Attachment 1) Exhibit B — Narrative of Proposed Land Use of the Application (Attachment 1) Full description of use [Details cemetery use and Sections 2.5.3(F) operations] • Location 2 - 6 and 2.7.3(B)(1) • Appearance Exhibit C-1 —Site Plan (Sheets • Operational characteristics 1.1, 3.1, and 3.2) of the Application (Attachment 1) [Site layout for cemetery use and project notes] Application (Attachment 1) Section [Judea Reform Congregation Owner Information 2 7 3(B)(2) Cemetery Corporation; 320 1, 2 1933 W. Cornwallis Road Durham, NC 27705] Site Plans Section 10 Copies of Site Plan (10 copies) 2.7.3(B)(4) Submitted 2, 15 List of parcels within 1,000 feet Section Application (Attachment 1) 2 2.7.3(B)(5) Elevations of all structures Section No structures are proposed N/A 2.7.3(B)(6) Exhibit C-3— Environmental 10 copies of Environmental Section Assessment of the Application 2 Assessment (or EIS) 2.7.3(B)(7) (Attachment 1) [EIS Not Required] Section Exhibit C-1 — Site Plan (Sheet Method of Debris Disposal 2 7 3(B)(8) 4.1) of the Application 2 (Attachment 1) 125 Exhibit D — Statement of Development Schedule Section Compliance of the Application 2 2.7.3(B)(9) (Attachment 1) Exhibit D — Statement of Section Compliance of the Application Extended Vesting Request 2 7 3(B)(10) (Attachment 1) N/A [Extended vesting period was not requested.] Submittal Requirements Section Exhibit D — Statement of Evidence that the 5.6.2(A)(1)(a) Compliance of the Application (Attachment 1) requirements of the North [Cemeteries owned and Carolina General Statutes operated by churches are 2, 7 Chapter 65 can be achieved exempt from standards and that the standards of the contained in Chapter 65 of the N.C, Cemetery Commission North Carolina General shall be met Statutes.] � • SUPPORTING Notification Requirements for all Evidentiary Hearings NIM and BOA Materials (Attachments 3 & 4) Mailed Notice all adjacent NIM notices mailed by applicant property owners (at least 10 Sections February 27, 2024 prior to March 17 days but no more than 25 days 2.7.5(B) and NIM. 9, 10 prior) 2.7.6(A)(1) BOA Public Hearing Notices mailed by staff on April 23, 2024. Certification available in Attachment 4. NIM and BOA Materials (Attachments 3 & 4) NIM signs posted by staff on February 29, 2024 prior to March 17 NIM. Photo Sign Posting on Property (at Sections documentation available in Attachment least 10 days prior) 2.7.5(D) and 4. 11 2.7.6(A)(2) BOA signs posted by staff on April 24, 2024. Certification and photo documentation available in Attachment 4. 126 or P rSUPPORTING Waste, Safety and Access Requirements for all SUPs Exhibit B — Narrative of Proposed Land Use of the Application (Attachment 1) Waste Disposal Exhibit C-1 — Site Plan of the Application Method and adequacy of Section (Attachment 1) provision for sewage disposal 5.3.2(B)(1) Exhibit D — Statement of Compliance of 2, 12 facilities, solid waste and water the Application (Attachment 1) service. [Both Environmental Health and Solid Waste have indicated they have no concerns.] Exhibit C-1 — Site Plan of the Application (Attachment 1) Safety Exhibit D — Statement of Compliance of Method and adequacy of Section the Application (Attachment 1) 2, 13 police, fire and rescue squad 5.3.2(B)(2) [Fire Marshal has indicated that they protection. have no concerns. Memo available in Project Correspondence and DAC Comments (Attachment 5).] Exhibit C-1 — Site Plan of the Application Vehicle Access (Attachment 1) Method and adequacy of Section Exhibit D — Statement of Compliance of vehicle access to the site and 5.3.2(B)(3) the Application (Attachment 1) 2, 14 traffic conditions around the [NCDOT District Office has indicated that site. they have no concerns. Memo available in Attachment 5.] REQUIREMENTD• ;YPPORTING EVIDENCE FOF IN EE1k6- Standards Specific to this Use: Cemetery Use Site Plan Exhibit C-1 — Site Plan of the Application Section 2.5 (Attachment 1) A site plan prepared in 2 15 accordance with Section 2.5 [Site plan is in compliance with Section Site Plan Review 2.5 of the UDO.] Standards of Evaluation Section (a) A minimum lot size of two 5.6.2(A)(2)(a) Application (Attachment 1) acres is provided. Exhibit B of the Application (Attachment 2, 17 1) 127 Exhibit C-1 — Site Plan of the Application (Attachment 1) Exhibit D — Statement of Compliance of the Application (Attachment 1) [The project meets the minimum lot areas of 2 acres; the Special Use Permit is being requested for+/-6.59 acres, as indicated on the site plan.] (b) The site shall have direct Section Exhibit B of the Application (Attachment access to a collector or arterial 5.6.2(A)(2) 1) street. (b) Exhibit C-1 — Site Plan of the Application (Attachment 1) Exhibit D — Statement of Compliance of 2, 18 the Application (Attachment 1) [The site has direct access to Jones Ferry Road, which is classified as a minor collector road by the NCDOT.] (c) There shall be adequate Section Exhibit C-1 — Site Plan of the Application space within the site for the 5.6.2(A)(2) (Attachment 1) parking and maneuvering of (c) funeral cartilages. Exhibit D — Statement of Compliance of the Application (Attachment 1) [The site plan proposes to extend the 2 19 existing gravel, which varies in width from 12 to 16 feet. The proposed configuration shall provide adequate space for parking and maneuvering of funeral cartilages and emergency vehicles.] 128 (d) No interments shall take Section place within 30 feet of any lot 5.6.2(A)(2) line. (d) Exhibit C-1 — Site Plan of the Application (Attachment 1) Exhibit D — Statement of Compliance of the Application (Attachment 1) [Application materials provide for a 30- 2, 20 foot burial setback and all proposed plots meet the setback standard. No burials shall occur within this setback area.] REQUIREMENT - • - • General Welfare, Value & Harmony Standards Application package as contained in 21 Attachment 1 inclusive including, but not The use (will /will not) limited to: maintain or promote the public • Narrative; health, safety and general Section 5.3.2 • Site Plan; welfare, if located where ( )( )( )A 2 a • Proposed Conditions; proposed and developed and Environmental Assessment (EA) operated according to the plan Application; and as submitted. Site Plan. Project Correspondence and DAC Comments (Attachment 5) The use (will /will not) 22 maintain or enhance the value Application package (Attachment 1); of contiguous property (unless the use is a public necessity, in Section (b) Staff Report (Attachment 2); which case the use need not (A)(2) b) Project Correspondence and DAC maintain or enhance the value Comments (Attachment 5); and of contiguous property). Evidence submitted by applicant 129 The location and character of 23 Application package as contained in the use, if developed according Attachment 1 inclusive including, but not to the plan submitted, (will / limited to: will not) be in harmony with the area in which it is to be • Narrative; located and the use is in Section 5.3.2 • Environmental Assessment (EA) compliance with the plan for (A)(2)(c) Application; and the physical development of • Site Plan; the County as embodied in Proposed Conditions; these regulations or in the Zoning Report Comprehensive Plan, or portion thereof, adopted by the Staff Report (Attachment 2) Board of County Project Correspondence and DAC Commissioners. Comments (Attachment 5). 130 Attachment 6b FINDINGS OF FACT BY THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY JUDEA REFORM CONGREGATION CEMETERY CORPORATION PROPOSING A CEMETERY ON A PARCEL OF PROPERTY LOCATED AT 2560 JONES FERRY ROAD (PIN 9767-26-1613) Based upon the competent, material and substantial evidence received at the evidentiary hearing, the Board of Adjustments gave each piece of evidence its due weight and makes the following Findings of Fact: Application Components 1. Judea Reform Congregation Cemetery Corporation filed an application for a Special Use Permit (SUP) related to Orange County PIN 9767-26-1613 on February 16, 2024 for Use 62(C), Cemetery with a fee paid. 2. The application included site plans and attachments as included in the agenda materials received by the BOA, specifically: Attachment 1. 3. The existing buildings on the property include: The parcel includes an existing shed for storage which is located outside the designated SUP area. 4. The proposed buildings include: No structures are proposed. 5. The access, parking, and cemetery areas include: The project will be utilizing the existing ingress/egress on Jones Ferry Road. Access throughout the site is proposed with the extension of the existing 12 — 16 ft. wide gravel driveway. No parking is required for this use per Section 5.9.7 of the UDO. The proposed cemetery will allow for 784 burial plots. 6. The landscaping includes: Thirty-foot burial setback along all property lines. Thirty-foot Type B landscape buffer and street trees are provided along Jones Ferry Road. 7. Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met: Cemeteries owned and operated by churches are exempt from standards contained in Chapter 65 of the North Carolina General Statutes. 8. Taylor Perschau, a member of the Orange County Planning & Inspections Department staff, provided sworn testimony regarding receipt of the following: 10 copies of site plans, a list of parcels within 1,000 feet, 10 copies of Environmental Assessment, method of debris disposal, and development schedule. Notice Requirements 9. Notices of a Neighborhood Information Meeting were mailed on February 27, 2024 by the applicant and the meeting was held on March 17, 2024. 10. Notices of the BOA Evidentiary Hearing were mailed on April 23, 2024 and the meeting held on May 8, 2024. 11. Signs were posted on February 29, 2024 for the Neighborhood Information Meeting and on April 24, 2024 for the Evidentiary Hearing. Waste, Safety & Access 12. The waste disposal methods were reviewed by Victoria Hudson, Environmental Health Director with the Orange County Environmental Health Department, and Matthew Taylor, Environmental Enforcement Supervisor with the Orange County Solid Waste Department. Neither staff indicated any concern regarding the planned methods. 131 13. The method of police, fire and rescue squad protection were reviewed by Elizabeth Farnan, Fire and Life Safety Chief with the Orange County Fire Marshall's Office. There was no indication of concern. 14. The method of vehicle access was reviewed by NCDOT District Office and indicated no concerns. Cemetery 15. Site plan submitted: Site plan was provided in compliance with Section 2.5 of the UDO. 16. The lot size is: +/- 10.27 acres, +/-6.59 acres are subject to the SUP for Use #62(C), Cemetery. 17. A minimum lot size of two acres is provided: The project meets the minimum lot areas of 2 acres; the Special Use Permit is being requested for +/-6.59 acres, as indicated on the site plan. 18. The site shall have direct access to a collector or arterial street: The site has direct access to Jones Ferry Road, which is classified as a minor collector road by the NCDOT. 19. There shall be adequate space within the site for the parking and maneuvering of funeral cartilages: The site plan proposes to extend the existing gravel driveway, which varies in width from 12 to 16 feet. The proposed configuration shall provide adequate space for parking and maneuvering of funeral cartilages and emergency vehicles. 20. No interments shall take place within 30 feet of any lot line: The designated SUP area provides for a 30-foot burial plot setback and all proposed burial plots meet the setback standard. No burials shall occur within this setback area. General Welfare, Value & Harmony 21. The expected value difference with the proposed use for contiguous property is: As presented and entered as evidence on the evening of the evidentiary hearing. 22. The location and character of the use is: If developed according to the plan submitted and in accordance with the conditions, the project will be in general harmony with the surrounding area and the use would be in compliance with the plan for the physical development of the County as embodied in the Unified Development Ordinance or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. 23. The character of the area in which the use is located is: Rural with undeveloped parcels and low-density residential. Attachment 6c 132 CONCLUSIONS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY JUDEA REFORM CONGREGATION CEMETERY CORPORATION PROPOSING A CEMETERY ON A PARCEL OF PROPERTY LOCATED AT 2560 JONES FERRY ROAD (PIN 9767-26-1613) When applying the adopted Findings of Fact to the relevant Standards found in the LIDO, the Orange County Board of Adjustments makes the following Conclusions: 1. All necessary submittal requirements were met, including: a. Submittal of proper forms (UDO 2.2, Finding of Fact 1); and, b. Fees paid (UDO 2.2.4(D), Finding of Fact 1); and, c. The use was fully described (UDO 2.5.3(F) and 2.7.3(B)(1), Finding of Fact 2-6); and, d. Owner Information was provided (UDO 2.7.3(B)(2), Finding of Fact 1 and 2); and, e. The facilities were described (UDO 2.7.3(B)(1), Finding of Fact 2-6); and, f. Access, parking, and cemetery use were identified (UDO 2.5.3(F), 2.5.3(L), 5.6.2, Finding of Fact 2 and 15); and, g. Plans were identified (UDO 2.5.3(K) and 2.7.3(B)(1), Finding of Fact 2 and 15); and, h. Site plans were submitted, (UDO 2.5, Finding of Fact 2 and 15); and, i. A list of parcels within 1,000' was provided (UDO 2.7.3(B)(5), Finding of Fact 2 and; and, j. Environmental Assessment was submitted (LIDO 2.7.3(B)(7), Finding of Fact 2 and); and, k. Method of Debris Removal was described (UDO 2.7.3(B)(8), Finding of Fact 2); and, I. Development Schedule was provided (UDO 2.7.3(B)(9), Finding of Fact 2), and m. Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met (LIDO Section 5.6.2(A)(1)(a), Finding of Fact 2 and 7). 2. Proper notice was provided as required by statute and ordinance, including: a. Notice was mailed for the Neighborhood Information Meeting (UDO 2.7.5(B), Finding of Fact 9); and, b. Signs were posted for the Neighborhood Information Meeting (UDO 2.7.5(D), Finding of Fact 11); and, c. Notice was mailed for the Evidentiary Hearing (UDO 2.7.6(A)(1), Finding of Fact 10); and, d. Signs were posted for the Evidentiary Hearing (UDO 2.7.6(A)(2), Finding of Fact 11). 3. Waste, Safety and Access requirements were met, including: a. The method and adequacy of providing for sewage disposal facilities, solid waste and water service is sufficient for the proposed use (UDO 5.3.2(B)(1), Finding of Fact 2 and 12); and, b. The method and adequacy of police fire and rescue squad protection is sufficient for the proposed use (UDO 5.3.2(B)(2), Finding of Fact 2 and 13); and, c. The method and adequacy of vehicle access to the site and traffic conditions around the site are sufficient for the proposed use (UDO 5.3.2(B)(3), Finding of Fact 2 and 14). 4. Standards specific to the Cemetery use were met, including: 133 a. A proper site plan submitted (UDO Section 2.5), Finding of Fact 2 and 15); and, b. A minimum lot size of two acres is provided (UDO Section 5.6.2(A)(2)(a)), Find of Fact 2 and 17; and, c. The site shall have direct access to a collector or arterial street (UDO Section 5.6.2(A)(2) (b)), Finding of Fact 2 and 18; and, d. There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (UDO Section 5.6.2(A)(2) (c)), Finding of Fact 2 and 19; and, e. No interments shall take place within 30 feet of any lot line (UDO Section 5.6.2(A)(2) (d)). Finding of Fact 2 and 20. 5. General welfare, value and harmony standards applicable to all SUPs have been met, including: a. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted (UDO 5.3.2(A)(2)(a), Finding of Fact 21); and, b. The use will maintain or enhance the value of contiguous property (UDO 5.3.2(A)(2)(b), Finding of Fact 22); and, c. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners (LIDO 5.3.2(A)(2)(c), Finding of Fact 23). 134 ORANGE COUNTY BOARD OF ADJUSTMENT EVIDENTIARY HEARING AGENDA ITEM ABSTRACT Meeting Date: May 8, 2024 Action Agenda Item No. A-2-24 SUBJECT: Special Use Permit major modification request to an approved Special Use Permit for a Planned Development — Housing, at PINs 9873-41-0172 and 9872-49-0872 located south of Phoebe Drive and north of E. Scarlett Mountain Road, in Hillsborough and Chapel Hill Townships DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application Package, including Taylor Perschau Current Planning and Zoning Amended Site Plan and Supplemental Manager, 919-245-2597 Materials Cy Stober, Planning and Inspections Director 2. Staff Report 919-245-2592 3. Neighborhood Information Meeting Materials 4. Notification Materials and Certification 5. Project Correspondence and Development Advisory Committee Comments; and 6. Findings of Fact PURPOSE: To hold a quasi-judicial evidentiary hearing, receive sworn testimony and evidence, and take action on Special Use Permit 24-0006 application proposing a major modification to previously-approved Special Use Permits for Woodsedge and The Woods, adjacent Planned Development Housing developments. These SUPs were originally approved in 1985 and expanded and modified in 1991. The request effects two parcels (PINs 9873-41-0172 and 9872- 49-0872) located south of Phoebe Drive and north of E. Scarlett Mountain Road, within the Hillsborough and Chapel Hill Townships of Orange County, in accordance with the following Unified Development Ordinance (UDO) provisions: • Section 2.7.14: Special Use Permits, Modifications to Approved Plan; and • Section 5.3.2:Application of Use Standards— Special Uses. BACKGROUND: On February 16, 2024, a Special Use Permit application (Attachment 1) was received from Capkov Ventures, Inc., c/o Eric Chupp, Director of Development. The applicant proposes to modify two elements currently imposed on the property by way of a 1985 Special Use Permit approval and an approved expansion and modification granted in 1991.The two elements proposed for modification include: 1) the requirement for unitary ownership and 135 2) the location of the 25 acres of Open Space allocated as part of the 1985 Special Use Permit and a 1991 modification to that same permit for"Woodesedge", and a 1991 Special Use Permit for "The Woods". The 1985 permit, recorded in Orange County Records Book 519 Page 93, and its approved 1991 modification, Records Book 905 Page 206, were granted for a Planned Development known as "Woodsedge Mobile Home Park". Concurrent to the 1991 Woodsedge modification, an additional Special Use Permit was granted for "The Woods Mobile Home Park", Records Book 905 Page 200. The Woods and Woodsedge effectively operate as a unified mobile home park development. The approved land use for both permits as a Home Park is not subject to change with this modification request. The Home Park is a legal non-conforming use in Orange County's jurisdiction. The Staff Report (Attachment 2) contains additional information, maps, and staff analysis. Basic Review Process: Per Section 2.7.14 of the UDO, a request for major modification to a previously approved Special Use Permit requires submission of an amended site plan and written narrative outlining the specific changes requested. In accordance with Section 2.7 of the UDO, the following details the review actions taken on this request: • FIRST ACTION — Staff Review/Analysis Begins STAFF COMMENT: An analysis of the application was made by qualified representatives of the County and other agencies or officials. Attachments 2 and 5. • SECOND ACTION — Applicant holds a Neighborhood Information Meeting (NIM). STAFF COMMENT: The NIM was held on March 21, 2024, at 6:30 p.m., at New Heart Church of the Nazarene, 3603 NC 86 S., Hillsborough, NC 27278. Meeting materials are contained in Attachment 3. • THIRD ACTION — Development Advisory Committee Review/Analysis Begins STAFF COMMENT: The Orange County Development Advisory Committee (DAC) met on March 7, 2024, to review this application. The DAC has no objections to the approval of the major modification to the Special Use Permit so long as the items in the attached departmental memos (Attachment 5) are addressed. • FOURTH ACTION — The Board of Adjustment holds a quasi-judicial hearing, hears factual evidence and sworn testimony presented at an evidentiary hearing, and then makes a determination with findings of fact supported by competent, substantial, and material evidence. STAFF COMMENT: The evidentiary hearing is anticipated to be held on May 8, 2024. A formal application is required as part of a Special Use Permit major modification request and has been submitted (Attachment 1). Approval of the application is part of the Special Use Permit process and shall include making appropriate findings of fact stating that the Board concludes all applicable standards have been met. Public Notification(s): In accordance with Section 2.7.6 of the UDO, notices of the Evidentiary Hearing were mailed via first class mail to all property owners within 1,000 feet of the subject 136 parcel. These notices were mailed on April 24, 2024, 14 days before the meeting. Staff also posted the property with signs on April 25, 13 days before the meeting. See Attachment 4 for the notification materials. Planning Director's Comments: The Planning Director has determined the application satisfies established submittal requirements, and there is sufficient documentation demonstrating general compliance with established development standards as detailed in Section 5.3.2 of the UDO; Staff does not make a formal recommendation on the approval of the application or on the compliance of the project with the general standards in Section 5.3.2(A)(2). The Board of Adjustment must determine if: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. In addition, the Board shall make findings certifying that the application is compliant with the following specific standards: (1) Specific standards for the submission of Special Use Permit applications as outlined within Section(s) 2.2 and 2.7 of the UDO. (2) Section 5.3.2(B) relating to the method and adequacy of the provision of: a. Sewage disposal facilities, solid waste, and water; b. Police, fire, and rescue squad protection; c. Vehicular access to the site and traffic conditions around the site; and d. Other use specific standards as set forth. Per Section 2.7.11(A) of the UDO, The Board of Adjustment may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety, and general welfare, ensure that substantial justice is done, and equitable treatment provided. 137 �•.— """"� Orange County Planning & Inspections Department 131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningappsCa)-orangecountync.gov Special Use Permit Application Please check all applicable boxes and complete the required documentation.Additional information and submittal requirements are contained in Section 2.7 of the Unified Development Ordinance (UDO). If completing by hand, please use black or blue ink. *Please fill out all required fields The Orange County Board of Adjustment shall approve or deny Special Use Permit applications as provided for within the Unified Development Ordinance (UDO)with a majority vote.The applicant must provide material,competent,and substantial evidence for each standard required by the UDO.Please check all applicable boxes and complete the required documentation. Date: 2/16/24 Contact Information* Property Owner(s): yCapkov Ventures, Inc. - Eric B. Chupp, Director of Development Mailing AddressO Box 16815 Chapel Hill, NC 27516 Phone: 919-260-7262 Email: ericbchupp@bellsouth.net Applicant (if different than ro ert owner): Mailing Address: Phone: Email: Property Information* Parcel ID Number PIN : 9873410172 & 9872490872 Address: 114 Chandler Dale Street, none Listed for Parcel 9872490872 Zoning: R1 Watershed: Neuse & Cape Fear Certification and Signatures* I, Eric B. Chupp have standing as described in Exhibit A and hereby request the Board of Adjustment to conduct an evidentiary hearing on my permit application, a use described, and limited as described, in Exhibit B. I anticipate the presentation of evidence to be: ❑Thirty (30) minutes or less, and understand Exhibits C, D, E and F are optional. �] More than thirty (30) minutes and have included the following: ■ A listing of intended evidence (Exhibit C), ■ Proposed Findings of Fact (Exhibit D), ■ Proposed Conditions (Exhibit E), and ■ Proposed Order (Exhibit F). STATEMENT BY APPLICANT: I certify that the information presented by me in this application is accurate to the best of my knowledge, information, and belief. Owner Signature(s) Applicant Signature (if differed frAfnowner) 1 -2— i�iz Date Date Page 1 of 9 138 Orange County Planning & Inspections Department ORANGE COUNTY 131 W.Margaret Lane,Suite 200,Hillsborough, NC 27278 NORTH CAROLINA 919-245-2575 or planningapps(a)orangecountvnc aov Special Use Permit Application Please check all applicable boxes and complete the required documentation.Additional information and submittal requirements are contained in Section 2.7 of the Unified Development Ordinance(UD% If completing by hand, please use black or blue ink. Please fill out all required fields The Orange County Board of Adjustment shall approve or deny Special Use Permit applications as provided for within the Unified Development Ordinance (UDO)with a mafonty vote.The applicant must provide material,competent and substantial evidence for each standard required by the UDO.Please check all applicable boxes and complete the required documentation. Date: Contact Information* Property Owner(s): Mailing Address: Phone:I Email: Applicant(if different than Dertv owner Mailing Address: Phone:i Email: Property Information* Parcel ID Number(PIN): Address: Zoning. Watershed: Certification and Signatures* I, , have standing as described in Exhibit A and hereby request the Board of Adjustment to conduct an evidentiary hearing on my permit application, a use described, and limited as described, in Exhibit B. I anticipate the presentation of evidence to be: ❑Thirty(30)minutes or less, and understand Exhibits C, D, E and F are optional. ❑More than thirty(30) minutes and have included the following: ■ A listing of intended evidence(Exhibit C), ■ Proposed Findings of Fact(Exhibit D), ■ Proposed Conditions (Exhibit E), and ■ Proposed Order(Exhibit F). STATEMENT BY PPL NT: I certify that the information presented by me in this application is acc to the b st y nowledge, information, and belief. Z IM \ — A F =1 Uwd&JArffighatdre(sx, Applicant Signature (if different from owner) - Z2- - Date Date Page 7 of 9 139 Exhibit A— Statement of Standing* ❑ I am the sole owner of the property subject to this application. ❑ I have attached notarized letters authorizing this submittal from all entities or individuals with ownership rights to the property. Property Owner Information Name: FCapkov Ventures Inc. - Eric B. Chum Director of Development Address: I PO Box 16815 Home Phone: N/A Cell Phone: 1 919-260-7262 Email: I ericbchupp@bellsouth.net Applicant Information ❑✓ Same as owner Name: = I Address: Home Phone: Cell Phone: Email: Agent Information Name: I Benjamin R. Kuhn Address: 1 2840 Plaza Place, Suite 400 Home Phone: 1 919-881-2201 (office) Cell Phone: 1 919-280-8139 (cell / home) 771 Email: I bkuhn@rl-law.com Law Firm Name: I Ragsdale Liggett PLLC Bar Number: T3831 Note: Only attorneys may serve as agents during quasi-judicial hearings. Realtors, surveyors and other professionals may not apply or make arguments on behalf of owners. xhibit B — Narrative of Proposed Land Use* Insert and label as "Exhibit B" a narrative description of the proposed land use. Include a detailed description of the proposed use of property, including an outline of the proposed operational characteristics of the proposed development. Also, include descriptions of structural components such as the basic size, form, and character of the buildings shown on the site plan. 140 Exhibit C — Intended Evidence* I intend to introduce the following document and have attached it follows: Exhibit #1 entitled: F__ This is relevant to standards from Unified Development Ordinance (UDO) Sections: F_ It demonstrates that: Intend to call the following as a lay witness: Lay Witness #1: F_ Their intended testimony has been included in an affidavit attached as Exhibit: This witness has personal knowledge of and will testify about: This testimony is relevant to standards from UDO Sections: F_ The testimony will demonstrate that: Intend to call the following as an expert witness: Expert Witness #1: Daniel Jewell Is being offered as an expert in: Land Planning and Land Use code compliance They possess specialized knowledge in this field through the following training and/or experience: Please see attached resume. They reviewed or examined the following data: The existing SUP as well as the proposed configuration relative to the proposed zoning plan. They used the following method of analysis when reviewing that data: Familiarity and review of the UDO section 5.3.2.A This expert opinion is relevant the standard at UDO Section: 5.3.2.A.1, 2 and 3 It demonstrates that: The proposed SUP is in compliance with that section. Their intended testimony has been included in an affidavit attached as Exhibit: (attach additional sheets as necessary) 142 xhibit D — Proposed The Applicant shall be required to provide the proposed findings of fact for the project based on the specific development standards for a proposed land use as detailed in Article 5 of the LIDO as well as the general findings as contained in Section 5.3.2 of the UDO: UDO SUPPORTING # REQUIREMENT Section EVIDENCE Condition # (Finding of Fact Application Components and Required Submittal Information: 1. Proper forms 2.2 2. Fees paid 2.2.4(D) Full description of use 3 ■ Location 2.7.3(B)(1) ■ Appearance ■ Operational characteristics 4. Owner Information 2.7.3(B)(2) Information needed for Use 2.7.3(B)(3) 5' Standards 6. Site Plans 2.7.3(B)(4) 7. List of parcels within 1,000 feet 2.7.3(B)(5) 8. Elevations of all structures 2.7.3(B)(6) 9. Environmental Assessment (or 2.7.3(B)(7) EIS 10. Method of Debris Disposal 2.7.3(B)(8) 11. Development Schedule 2.7.3(B)(9) 12. Extended Vesting Request 2.7.3(B)(10) Notification Requirements: Public Notice 2.7.6(A) 13. ' Date ■ Time ■ Place 14. Sign Posting on Property (at least 2.7.6(A)(2) 10 days prior Mailed Notice 2.7.6(A)(1) ■ Certified mail 15. ■ All adjacent property owners (within 1,000 feet) ■ Not less than fifteen days prior Specific Standards: qJ Waste Disposal 5.3.2(B)(1) 16. Method and adequacy of provision for sewage disposal facilities, solid waste and water service. Safety 5.3.2(B)(2) 17. Method and adequacy of police, fire and rescuesquad protection. Vehicle Access 5.3.2(B)(3) 143 18 Method and adequacy of vehicle access to the site and traffic conditions around the site. Specific Development Standards for Proposed Land Use (Article 5)*: *The applicant is responsible for completing this section, identifying all development requirements/standards a proposed land use is required to abide by, and provide sufficient detail documenting what evidence has been submitted documenting compliance. An application shall be considered incomplete without the proposed Findings of Fact completed by the applicant SUPPORTING General Standards UDO Section EVIDENCE Condition # (Finding of Fact The use will maintain or 5.3.2(A)(2)(a) promote the public health, safety and general welfare The use will maintain or 5.3.2(A)(2)(b) enhance the value of contiguous property (unless the use is a public necessity) The use will be in 5.3.2(A)(2)(c) harmony with the area and is in compliance with the Comprehensive Plan. — Proposed Conditions* The Board of Adjustment must deny the permit if any standard cannot be met either by a showing of evidence or by a condition placed upon the permit. Staff has included the general conditions required for all Special Use Permits, as detailed within the UDO. Please list any proposed conditions which may be necessary for the Board of Adjustment to find that all standards will be met. 1. For public safety as required in 5.3.2(B)(2) of the UDO, final assignment of a street address shall be completed by Orange County Land Records prior to the issuance of any permit authorizing land disturbing activity on the property in accordance with the Orange County Addressing Ordinance. 2. Per Section 2.5 of the UDO, the applicant shall obtain all necessary development permits from the County prior to the initiation of any land disturbing activity associated with the construction of the proposed use including, but not limited to: Building Permit, Land Disturbance Permit (LDP), Solid Waste Management Permit, and Zoning Compliance Permit. 3. In accordance with the provisions of Section 2.7.11 (C) of the UDO, if any condition of this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be void in its entirety and of no effect. 4. In accordance with the provisions of Section 2.7.11 (D) of the UDO, the Special Use Permit will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of Adjustment. 145 Exhibit F — Proposed Order: FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY (APPLICANT) PROPOSING (PROPOSED LAND USE) ON (ROAD NAME AND PINS OF PROPERTY INVOLVED WITH APPLICATION) As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development Ordinance (UDO), a Special Use Permit is required for the development/operation of a (Proposed Land Use), in accordance with the provisions of Section 2.7 of the UDO. Such permits shall comply with general and specific standards as set forth in Section(s) 5.3.2 and (Section of Article 5 establishing development standards for proposed land use) of the UDO. Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following: (1) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (2) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (3) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners; In addition, the Board of Adjustment shall make findings certifying that the application is complaint with the following specific standards: (1) Specific standards for the submission of Special Use Permit applications as outlined within Section(s) 2.2 and 2.7 of the UDO. (2) Specific regulations governing the development of a (Proposed land use) as set forth in Section (Section of Article 5 establishing development standards for proposed land use) of the UDO. (3) Section 5.3.2 (B) relating to the method and adequacy of the provision of: a. Sewage disposal facilities, b. The adequacy of police, fire, and rescue squad protection, and c. The adequacy of vehicular access to the site and traffic conditions around the site. (4) The general findings outlined within Section 5.3.2 (A) (2). Upon holding of an evidentiary hearing, and accepting into the record of competent, material evidence and sworn testimony concerning the application, the Orange County Board Adjustment (BOA) hereby makes the following findings of fact and conclusions of law: UDO SUPPORTING # REQUIREMENT Section EVIDENCE Condition # (Finding of Fact Application Components and Required Submittal Information: Notification Requirements: Specific Standards: Specific Development Standards for Proposed Land Use (Article 5)* Based on the competent material evidence and sworn testimony in the record the BOA hereby make(s) an affirmative finding on the specific standards of evaluation and general standards as detailed herein, further finding no evidence has been entered into the record demonstrating the applicant has: a. Failed to meet their burden of proof that the project complies with the specific development standards for a telecommunication facility, or b. Failed to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO. The BOA hereby approves the Special Use Permit subject to compliance with the following conditions: (CONDITIONS HERE) 147 DAN JEWELL, PLA Landscape Architect/Project Manager Dan is a Principal and Project Manager with 40 years of experience on a wide variety of projects including commercial and office design, residential planning, and site development feasibility studies. His responsibilities include liaison with local governments, public presentations, land planning,site and landscape design and documentation,irrigation system design,site analysis, and cost estimating. Project Experience VA Medical Center New Parking Deck, Durham, NC, Project Manager for the new 400-car parking deck for VA Hospital. .. American Tobacco North &South Decks, Durham, NC, Project Manager for two +/- 1,000 car parking decks associated with mixed use adaptive re-use project. Brightleaf Square, Durham, NC,Project Manager for civil engineering and landscape architecture services for adaptive reuse and rehabilitation of former tobacco warehouses into a retail center. Work included all hardscape, plantings,walls, lighting, and drainage. twit, Durham County Health and Human Services Complex, Durham, NC, Project Manager for local approvals for Downtown Health and Human Services Complex in Downtown Durham. Entitlements involved rezoning, Certificates of Compliance,variances, review by the former DDRT, and a challenging site plan Education approval. • BS,Landscape Architecture, 1981, Durham County Library Expansion, Durham, NC, Project Manager for major Purdue University reconstruction of the flagship library for the Durham County Library system. Scope of services included site design,surveying, civil engineering, landscape architecture and entitlements.The$45 million redevelopment has been Professional Registrations recognized as one of the premier library facilities in the State of North Carolina. • Professional Landscape Architect in NC Durham School of the Arts, Durham, NC, Project Manager for the design and permitting for multiple expansion and renovation improvements at premier Professional Affiliations Durham High School including building expansion, parking and vehicular drop off,and athletic field improvements. • American Society of Landscape Architects Whined School Adaptive Reuse, Project Manager for renovation and expansion • NCASLA Executive Committee,2005- of historic school building into an early childhood learning school and age 2006 restricted housing • Design Council of Chapel Hill/ Carrboro,Chairman 1991 • Durham Central Park,Board of Sandy Ridge Elementary School, Project Manager for Design of all site Directors, President,Currently elements; entitlements including rezoning, major special use permit,site plan Treasurer and Executive Committee and construction plan approvals, and final certification for a new 600 student • Durham Area Designers,Board of elementary school Directors • Downtown Durham,Inc.,Board of Lucas Middle School, New middle school and outdoor athletic facilities on a 00 2 150- Directors7-2016 • omebu, 00 Association of acre site.Site layout and landscape design for school facility and adjacent park Durham,Orange,and Chatham athletic fields,streetscape improvements,site permitting,construction drawings. Counties,Board of Directors Hillsborough Public Works Expansion Study, Hillsborough, NC, Landscape architect and land planner for siteanalysis and land planning studies for potential expansion of town public works operation and maintenance facility Hillsborough Town Hall and Town Hall Annex Improvements, Hillsborough, NC, Surveying, design, and construction documents for site accessibility, parking, and landscape improvements to historic town hall complex and newly acquired annex across Corbin Street. Durham County EMS Station#1, Durham, NC,Site design, approvals and permitting for all landscape architectural and civil components. City of Durham General Services Complex, Durham, NC, Principal-in-charge and landscape architect for master planning, landscape architecture, civil engineering and entitlements for new operations,and maintenance facility. 148 Durham County EMS Station#2, Durham, NC, New County EMS Facility. Responsibilities included site selection,site designs, approvals and permitting, documentation, and contract administration for all landscape architectural and civil components. Durham Center for Senior Life-Durham, NC, Planning,Approvals, Engineering, and Landscape Architecture services for the new Downtown Senior Citizens complex for Durham. Work included design, approvals documentation and construction observation of site work, plantings,irrigation, and site furniture.Scope also included culverting a large stream that formerly ran through the site. Durham Downtown Police Substation, Durham, NC,Civil engineering and landscape architectural design for adaptive re-use of the existing building Durham Public Schools Bus Maintenance Facility, Durham, NC, Project manager/site designer in charge of site planning, political and administrative entitlements, NCDOT Coordination, Construction plan coordinator, and construction administration. Town of Chapel Hill Fire Station#5,Chapel Hill, NC,Site Design for a new 4 bay fire station on a high profile site south of Chapel Hill. Work involved entitlements through the Town process,2 community meetings,site design and construction phase services.The project also involved coordination with an artist selected by the Town for placement of an outdoor sculpture. Creekside Elementary School, Durham, NC, Landscape architecture and civil engineering for a new 720 student elementary school in southwest Durham.Work included site selection, master planning, approvals and permits, documentation, bidding, and contract administration. W.G. Pearson Elementary School, Durham, NC,Civil, Landscape Architecture and Local Approvals for New 600 student elementary school in southwest Durham. Work included land planning,site design,construction plans, permits and construction phase services. Durham North Branch Library, Durham, NC,Civil, Landscape Architecture and Local Approvals for the New North Branch Library with related parking,walks,stormwater management, plantings, and outdoor amenities.Work included site selection,site designs, approvals and permitting, documentation, bidding, and contract administration for all landscape architectural and civil components. Durham East Branch Library, Durham, NC,Civil, Landscape Architecture and Local Approvals for the New East Branch Library with related parking,walks,stormwater management, plantings, and outdoor amenities.Work included site selection,site designs, approvals and permitting, documentation, bidding, and contract administration for all landscape architectural and civil components. Durham Bulls Athletic Park, Durham, NC,2015 site design services for major upgrades and renovations to the 10,000 seat home to the Durham Bulls Triple A MiLB Team. Originally opened in 1995,the stadium was in need of major upgrades to drainage,ADA accessibility,service areas, pedestrian concourses,ADA accessibility and additional food vending areas. Our work also included shepherding the project through several complicated permitting processes with the City, and a tight schedule precipitated by needing to complete the work in the off-season,which was successful. 149 Exhibit C — Intended Evidence* I intend to introduce the following document and have attached it follows: Exhibit #1 entitled: F__ This is relevant to standards from Unified Development Ordinance (UDO) Sections: F_ It demonstrates that: Intend to call the following as a lay witness: Lay Witness #1: F_ Their intended testimony has been included in an affidavit attached as Exhibit: This witness has personal knowledge of and will testify about: This testimony is relevant to standards from UDO Sections: F_ The testimony will demonstrate that: Intend to call the following as an expert witness: Expert Witness #1: Robert L. Chapman Is being offered as an expert in: 5.3.2(A)(2)c Location & character of use in harmony w/ area & in compliance w/ comprehensive plan. They possess specialized knowledge in this field through the following training and/or experience: 40+ yrs of Development Experience creating neighborhoods similar to that proposed. See Resume They reviewed or examined the following data: The Proposed Land Plan and the County Comprehensive Plan. They used the following method of analysis when reviewing that data: Review of the Plans. This expert opinion is relevant the standard at UDO Section: F5.3.2.A.2.c It demonstrates that: The location and character of use is in harmony with the area and in compliance with the Comprehensive Plan. Their intended testimony has been included in an affidavit attached as Exhibit: (attach additional sheets as necessary) Verbal testimony will be given at the hearing. 151 RESUME FOR ROBERT CHAPMAN Robert L.Chapman, III 2525 Lanier Place Durham, NC 27705 (919) 680-2000 bob.chapman@tnd.partners.com Bob Chapman is an experienced New Urbanist real estate developer whose projects are fully approved for more than two million sq.ft. of mixed-use commercial and retail development and for 16,000 residential units.To date, 677,000 sq. ft. of new construction has been built and 49,000 sq.ft. renovated, at a total cost of$59.3 million in North Carolina, Florida, and Arkansas. Bob develops neighborhoods based on the principles of Traditional Neighborhood Development and New Urbanism. Bob is the managing member of Traditional Neighborhood Development Partners, LLC,TND Capital Management, LLC, and South Elm Development Group, LLC. He is a founding director and first board chair of the National Town Builders Association (www.ntba.net) and a signer of the Charter of the New Urbanism (www.cnu.org). He also is a founding director and he served as the first board chair of the North Carolina Smart Growth Alliance, a statewide advocacy group established in 1999. Bob served as a founding director and incorporator of Durham's St.Joseph's Historic Foundation which saved Durham's historic St.Joseph's AME Church and restored it for adaptive re-use as a community arts and performance center. He was also a founding director of the Carolina Cinema Corporation of Durham,which saved and restored the historic Carolina Theater of Durham. He is a founding trustee and he served as building renovation coordinator for the Central Park School for Children, a successful new child-centered K-5 charter school in downtown Durham (www.centralparkschoolforchildren.org). He was also founding trustee and building construction coordinator for the lower school campus of the Duke School for Children (www.dukeschool.org). Bob has been actively involved in fundraising for these and other nonprofits, helping to secure for them more than $10 million in foundation and public support. He received an A.B.from Duke University in 1971. Bob has served on many other non-profit boards including Preservation Durham,the Sky Institute, Durham Central Park, the North Carolina Art Society, Friends of the Duke University Art Museum, and the Samuel Cook Society at Duke University. He is a founding advisory board member for the program in Real Estate Development and Urbanism at the University of Miami and a member of the city advisory board of Mechanics and Farmers Bank, Durham. Bob's publications include contributing the section on project finance in Andres Duany's Lexicon of The New Urbanism, as well as articles in New Urban News titled "New Urbanist Projects Attract Investment" and "TND Finance Report: New Urban Projects Yield Solid Returns." Bob regularly is a guest lecturer at the Nicholas School of the Environment and the Fuqua School of Business at Duke University and at the Kenan-Flagler School of Business and the School of City and Regional Planning at the University of North Carolina at Chapel Hill 152 Exhibit C — Intended Evidence* I intend to introduce the following document and have attached it follows: Exhibit #1 entitled: F__ This is relevant to standards from Unified Development Ordinance (UDO) Sections: F_ It demonstrates that: Intend to call the following as a lay witness: Lay Witness #1: F_ Their intended testimony has been included in an affidavit attached as Exhibit: This witness has personal knowledge of and will testify about: This testimony is relevant to standards from UDO Sections: F_ The testimony will demonstrate that: Intend to call the following as an expert witness: Expert Witness #1: Eric Chupp Is being offered as an expert in: Land Planning and Land Use code compliance They possess specialized knowledge in this field through the following training and/or experience: See attached list of credentials. They reviewed or examined the following data: The existing SUP as well as the proposed configuration relative to the proposed zoning plan. They used the following method of analysis when reviewing that data: Familiarity and review of the UDO section 5.3.2.A This expert opinion is relevant the standard at UDO Section: 5.3.2.A.1 2 and 3 It demonstrates that: The proposed SUP is in compliance with that section. Their intended testimony has been included in an affidavit attached as Exhibit: (attach additional sheets as necessary) 154 ERIC CHUPP CREDENTIALS: 1 . Bachelor of Science Degree, Finance Major, University of Arizona. 2. Juris Decorate, Law Degree North Carolina Central Law School. 3. Past President of the Home Builders Association of Durham, Orange, and Chatham Counties. 4. Past Board of Directors, and Executive Board of the Home Builders Association of Durham, Orange, and Chatham Counties for over a decade. 5. Chair of the Land Use and Regulatory Affairs Committee of the Home Builders Association of Durham, Orange, and Chatham, Counties for over a decade. 6. Thirty-three years of successful development of major residential communities in Orange County North Carolina. 155 Exhibit C — Intended Evidence* I intend to introduce the following document and have attached it follows: Exhibit #1 entitled: F__ This is relevant to standards from Unified Development Ordinance (UDO) Sections: F_ It demonstrates that: Intend to call the following as a lay witness: Lay Witness #1: F_ Their intended testimony has been included in an affidavit attached as Exhibit: This witness has personal knowledge of and will testify about: This testimony is relevant to standards from UDO Sections: F_ The testimony will demonstrate that: Intend to call the following as an expert witness: Expert Witness #1: Jarvis Martin Is being offered as an expert in: 5.3.2(A)(2)b - The use will maintain or enhance the value of contiguous property. They possess specialized knowledge in this field through the following training and/or experience: See attached resume. They reviewed or examined the following data: They used the following method of analysis when reviewing that data: Review of Comparable Land Use proposals on nearby property values. This expert opinion is relevant the standard at UDO Section: F5.3.2.A.2.b It demonstrates that: The proposed will maintain or enhance the value of contiguous property. Their intended testimony has been included in an affidavit attached as Exhibit: (attach additional sheets as necessary) Verbal testimony will be given at the hearing. 1197 PROFESSIONAL QUALIFICATIONS "i I. JARVIS MARTIN, SRA PRINCIPAL STEWART, MARTIN &MCCOY LLC I.Jarvis Martin,SRA is a State Certified General Appraiser with over 45 years of real estate appraisal and brokerage experience.Since 1975,Jarvis owned &operated Martin &Company,a general appraisal firm providing appraisal and consulting services to local banks, mortgage companies, relocation firms, local & state government, accountants & attorneys. His scope of work include appraising residential, small income producing properties, condemnation work, expert testimony for rezoning property, &court cases. In 2016 he joined Stewart, Martin & McCoy, LLC as a Principal partner. He has over 40 years of experience in renovating single family & multifamily properties for resale& long term hold for capital appreciation.Working with a partner, he has built or renovated over 250 rental units using federal & state tax credits, & community block grant funds. Jarvis earned a Bachelor of Science in Commerce and a Master of Science in Commerce, both degrees from North Carolina Central University. He also holds the prestigious Senior Residential Appraiser (SRA) designation from the Appraisal Institute. EXPERIENCE Experience includes providing appraisal and consulting services on a variety of commercial and investment properties including, but is not limited to, the following types of property: Apartment Projects •Office Buildings and Office Parks Commercial, Industrial, Residential Land • Retail Properties • Industrial Facilities •Shopping Centers EDUCATION • North Carolina Central University — Degree: Master of Science in Commerce • North Carolina Central University —Degree: Bachelor of Science in Commerce APPRAISAL EDUCATION Mr. Martin has completed all courses and experience requirements to qualify for the SRA designation. He has also completed the requirements of the continuing education program of the Appraisal Institute. MEMBERSHIPS, LICENSES AND PROFESSIONAL AFFILIATIONS • SRA Designated Member, Appraisal Institute • Certified General Real Estate Appraiser in the following states: — North Carolina—A1575 Real Estate Broker in the following states: • North Carolina - 28435 158 DEVELOPMENT PROJECTS IN DURHAM • Affordable Housing Development/ Management Experience Partner in Various LLC • 1988- Present- Develop, Owner, Manage- Smith-Harrell Apartments- 12 units Financing- City of Durham/ Community Development/ Self Help Credit Union • 1992- Present- Develop, Owner, Manage- Mutual Manor- 16 units Senior Housing Financing- NC Housing Tax Credits- City of Durham Community Development /Local Banks • 1995-2017 Purchased, Renovate, Owner, Manage- 80 units, Underwood & Maplewood Apartments Financing- City of Durham/ Community Development/ Local Banks: Sold to Casa in 2017. • 2005-Present Purchased Renovated, Owner, Manage 148 units, Stewart Heights, Stewart Square, Stewart Circle Financing- NC Housing Tax Credits- City of Durham/Community Development COMMUNITY, CIVIC, CHURCH & FRATERNAL INVOLVEMENT Housing for New Hope, Board of Directors/ Chair- Property Committee St. Joseph AME Church, Trustee, Chair- Property Committee The Collective- Co-Chair Greater Durham Black Chamber of Commerce- Board of Directors Realtor of Year- Durham Association of Realtors- 2013 Past member- NCCU School of Business/ Broad of Advisors Past member- City/County Planning Commission, served 9.5 years Past President/Chair Durham Business & Professional Chain Past Chair- Economic Committee- Durham Committee on Affairs of Black People Past President- Triangle Chapter- NC Appraisal Institute Past Board Member- Durham Association of Realtors Life Member- Kappa Alpha Psi Fraternity Member Alpha Tau Chapter- Sigma Pi Phi Fraternity 159 Capkov Ventures evelo in Homes And Communities Since 1954 In Chapel Hill Since 1972. Developing P a Kovens Company --- Exhibit B Special Use Permit Modification Narrative This application to the Orange County Board of Adjustment is to modify the 1985 Special Use Permit for the Woodsedge Mobile Home Park and the 1991 modification of that same Special Use Permit. The original Special Use Permit was approved nearly 39 years ago as a Planned Development Mobile Home Park and was modified 33 years ago to expand the mobile home park and shift the open space southward from the western portion of the property to the southeastern corner of the property as shown on Exhibit A (Plat Book 56, Page 11) and Exhibit B (Unrecorded Drawing from Hillsborough Meeting Records). Exhibit A 21 Fur WOOD 91 z� PO Box 16815 . Chapel Hill,NC 27516• (919) 942-8005 160 Exhibit B i----� I PR ELiMINARY � CONSTRUCTION jr, a - I r mr__ 1 ti +,• .� suP 1aai e 1 � oxo xu a 1 E1.1 The Woodsedge property is located just south of Watestone Drive immediately adjacent to the UNC Hospital complex. It is bounded by Waterstone Drive to the north, I-40 is the western property line, and Highway 86 South is the property's eastern property line. Scarlette Mountain Road serves as the southern border. The property is surrounded by large scale public and private development including Durham Technical Institute, a major UNC Hospital campus, the new Waterstone Fire and Emergency Services Station, and the Research Triangle Logistics Park. The site is also within walking distance of Stanback Middle School and New Hope Elementary. The site is in a very unique location sandwiched between Orange Counties biggest transit corridors of I-40, Highway 86 South, and I-85. The Woodsedge Mobile Home Park has provided an essential type of housing in Orange County over the last 40 years. It has provided unsubsidized affordable housing that has benefited thousands of families in the community for decades. It remains a well-cared for, fully occupied mobile home community with a constant waiting list. The Woodsedge community has provided ideal housing for those who work in our community but can't afford single-family homes and choose not to live in apartments. 161 Our proposed modification of the Woodsedge Special Use Permit does not change the character, operation, or affordability of the Woodsedge Mobile Home Park, which we hope will remain a vital part of Orange Counties' more affordable stock of housing for years to come. The proposed modification only changes two elements of the previous Special Use Permits. 1. The requirement for unitary ownership. 2. The location of the 25 acres of Open Space allocated as part of the 1991 modification of the 1985 Special Use Permit. The proposed modification retains the full 25 acres of open space required by the 1991 modification, but simply redistributes it within the site. The purposes of the two proposed modifications listed above are. 1. To allow for the future development of the vacant and underutilized land south of the Woodsedge Mobile Home Park in uses consistent with the "Hillsborough and Central Orange County Coordinated Area Land Use Plan for Areas within the Towns Urban Services Boundary", and other land use plans. 2. To provide an ideal location for moderately priced housing, affordable housing, and neighborhood businesses which are all badly needed in southeastern Orange County and across the region. 3. To provide for a more thoughtful distribution of open space on the site. A distribution of open space which will consider environmentally sensitive areas like steep slopes, streams, and hardwood forest which is in accordance with changes made in the Orange County Unified Development Ordinance that now requires such areas be looked to first and foremost when allocating open space (Orange County UDO Section 7.12.4). 4. To allow for better open space buffers between Woodsedge Mobile Home Park and the adjacent uses to the south. A buffer that is both more continuous and more permanent. 5. To permanently prohibit access to East Scarlett Mountain Road from potential development from the north. 162 The proposed modifications would allow for the realization of the land uses that were approved and adopted through the joint efforts of both Orange County and Hillsborough in the approved and jointly adopted "Hillsborough and Central Orange County Coordinated Area Land Use Plan for Areas within the Towns Urban Services Boundary" as shown on Exhibit C. This specific area has been identified by both Orange County and Hillsborough as an area where future development should be located. The proposed modification would further those goals. Exhibit C Town of HillsboroughlOrange County Central Orange Coordinated Area Land use Plan Areas Within the Town's Urban Service Boundary I 4 I ' 70 F � y �uro.n Wru llawdeiy N _ ®EnpWf:.w o Q LVI Hern' 4 .. 0 Mxv0—,R— SITE MmpRNpmq/�1♦tgrgqny� �s- o -P—mOoe.•So.oe ♦ A -Heir Snmrn _ ► 1 n-wood RwiL�+.q AM VIWn Sehk,e...d&y mwcaoee Vx Imes of H7,b"h welel eM sarrof mM1iE![anMlern wMi w 9M Ld Menbms Mr 4"AaeealBm—01"f Co.*.OVIA`&CM"1-1.C-b—and HL-eb—.0.F—LW Heel 0 w MMDeed b„Hi"u"h"d Of%*C—v 9e IM Leeie fd eWfd 0td"ddhiO—wL 6d -&.Mrban onu M.M l O ft.x,*M Poo 6—W,..mrl rk mN PM k—k,f Jpfo*,—A 6oM—OX~0"Md Ho—gk Aeee 5dl om Ukan S�6—&k MN n Fdl Lid Use do Vla6w ie due m tlm 6—wy Ouman v.ro«rmn oawr,g,p-1.Areas .ft d4 t L,—S�gwwwy vas o.iw—y••^^c+from e T d - ALAfpm dy 3-11-13 ALprmwM FMVeleDCC -1Z16 +Innrop Dl Ihr eOCG iq H�ppplF�ff 9�+Ee6 163 1. The site falls within the recently revised, and contracted urban services boundary as shown in figure 4.1 below. In addition, it falls entirely within the Town of Hillsborough's Elizabeth Brady Sewer Basin, which is newer, and in far better shape both from a capacity standpoint and a maintenance standpoint than the areas north and west of Town. The developed portion of the Woodsedge Mobile Home Park is currently being served with public water and sewer. Figure 4.1. Urban Service Boundary Recommended Urban Service Boundary _ Current Urban Service Boundary + Municipal Boundary ` 0 Extraterritorial]urisdiction 1 �- t" Y N..4��J ry r � _ ■ � 1 1 z 1 ' 70 a 4 U 1 y5 ' j WMergaret Ln r s li � pen:e� •' N �.-,Camp � � d �� IJ n IV� New Gorddy Bionn ylw�i Ha y ; � ��� `'\ g,,ras.•is ' o�u 1 f+ +-r SITE Source:The Town of Hillsborough 164 2. The area is designated as a transformational area and is shown as mixed use on both Hillsborough's Future Land Use Map, and the Hillsborough/ Orange County Central Orange Coordinated Area Land Use Plan as shown above in Exhibit C. 3. The site is shown on the Potential Growth Areas Map from the Hillsborough Comprehensive Plan as an area where Hillsborough is anticipating growth which is consistent with the ideals put forth in their recently approved and adopted Comprehensive Sustainability Plan. See figure 4.4 below. Figure 4.4. Potential Growth Areas ��xtrab'rrituriel lunsdkl;on "- , Fatenb.1 CA—th Area + 0 Alas to Conserve I Areas m Sugain i _ Remmnxnded Urban Service Boundary Current Urban Service Boundary '- — a 5 r I 1 1 r t o R r E S A 'l` I � 1 86 SITE 8 Potential growth areas may require significant water and sewer system improvements depending on type of land use proposed and available flow -and capacity of the system. Source:The Town ojH,8sbnrough 165 4. The area sits at the confluence of all the major transit corridors in Orange County sandwiched between I-40 and Highway 86,just minutes south of I-85. Potentially even more important for justifying future growth in this area is that the Churton Street corridor is not a necessary connection. See figure 6.8 below. Figure 6.8. Existing Transit Routes ExtrahErritarial 7 u risdicuan ■ Bus 5tops Routes —4 Alamance Burlington Express —420 Hfllborough-Chapel Hill = HC Hillborough Connector —OA Orange-Alamance Connector ►i OCH Orange-Chapel Hill Connector ■ —ODX Orange-Durham Express 3 QI H.'k r ca c J In s a ■ °o New 3-1-9rotrn ScMd P� ■ $ J ITE 3 t� f 1 N A ' O S r Maus Source:Oronge County and GoTnangle 166 The Special Use Permit for the Woodsedge Mobile Home Park was approved almost 40 years ago. The modification of the Special Use Permit today will open up a large area of vacant and underutilized land in a location recognized by both Orange County and Hillsborough as having the potential for increased density and mixed-use communities and is consistent with the land use plans shown in the exhibits above. Opening the southern portion of the Woodsedge property to the potential for future development would provide an opportunity to bring more badly needed moderately priced and affordable homes to Orange County. Communities across our region are experiencing a housing crisis where there simply aren't enough moderately priced and affordable homes to meet the needs of those who live and work in the community. A CNN report earlier this year put the national housing shortage at 6.5 million homes. Locally, a report by the North Carolina Budget and Tax Center given at North Carolina's annual Fair Housing Conference puts North Carolina's shortage at 900,000 homes by 2030. A shortage of homes has a direct and significant impact on home prices. When you don't have an adequate supply of homes, prices go up, making them unaffordable to more people in the community. The proposed Special Use Permit modification would allow for the potential of more workforce housing, and affordable housing to be built. Homes that are located near employment centers, close to schools and shopping, and surrounded by transit corridors that can provide opportunities for mass transit. The proposed Special Use Permit modification will greatly improve the location of open space previously dedicated by the Woodsedge Special Use Permit by applying the criteria found in the Orange County Unified Development Ordinance to thoughtfully allocate Open Space (Orange County UDO Section 7.12.4). The open space dedicated by the modification of the original Special Use Permit in 1991 was not chosen based on the environmental or culturally sensitive criteria that are currently used to evaluate the most appropriate areas for open space. The dedicated open space happened to be available within the previously surveyed lot and therefore easy to dedicate without delay or undue expense (See Exhibit A Plat Book 56, Page 11, and Exhibit B). It was easy just to move 25 acres from the western portion of the already platted lots to the southeastern corner of the platted lots. 167 Exhibit D VNG HOSPITAL �� T � TR AT --- M� NIu690HWGN y y 9 9 0-w.-WED MODI- r ,r , Al! F ------------ ww. I I i With the proposed modification, we have an opportunity to do things better. To recognize the environmentally sensitive areas on the property as described in the Unified Development Ordinance as "Primary Open Space Areas" (Orange Couty UDO Section 7.12.C.1). Primary Open Spaces are areas that include streams and wetlands, areas of steep slopes, natural areas, and wildlife habitats which we are proposing (See Exhibit D above). While the existing open space was easy to delineate and transfer it included significant areas that had been clear cut for a 150' power easement running west to east through the open space and stands of immature scrub pine. Little to no streams, wetlands, or steep slopes were included. Please refer to photographs taken of the power easement that runs through the existing open space labeled Exhibit F. Alternatively, the open space proposed as part of this modification is the same 25 acres of land, but it does not include the expansive power easement and does include the streams, steep slopes and environmentally sensitive areas that are now considered Primary Open Spaces. Please see the photographs of areas within the currently proposed open space labeled Exhibit G. 168 Exhibit F Current Open .. �` Exhibit F �P I Ir �. pace 169 - .pen Space \� � n - t g x�. 171 NO q �F ro F,';.k. ' , Proposed Open Space ) s Exhibit G ,Y lit MYT� y. `"� / �.✓ '� 1 � f b•' S7} �} 172 Proposed Open Space Exhibit G - � t. .• � it I. 5 6 I1 �'�R' �. j� i 1�.� � � �' r } . If 1 x r; Proposed Open Space Exhibit t. f ' ` 7L � I� ✓ l.j Y �lJ+ T - ,elf\ Tr 173 Scarlett Mountain Drive Potential Open Space or Development Exhibit G � 4. 3 The 25 acres of open space being proposed as part of this modification will also provide significantly better buffers for both the Woodsedge Mobile Home Park and the neighbors along Scarlette Mountain Drive to the south. We are proposing a minimum of a 100-foot strip of continuous open space along the entire southern border of the property that runs along East Scarlette Mountain Road. We are then proposing to turn the continuous open space northward to provide buffering for the rear of the house at the corner of Scarlette Mountain Road and Highway 86 South. This is all in addition to the approximately 10 acres of open space we are reserving north of East Scarlett Mountain Road that buffers over half of East Scarlett Mountain Road from any future development to the north (See Exhibit D above). The Orange County Unified Development Ordinance does not require any buffering between residential uses. When added to the existing private drive access easement of Scarlette Mountain Road you have a minimum distance of 160- feet to the first property line of the homes on East Scarlette Mountain Road. More importantly, if you measure the distance between the closest home and the closest possible development north of the dedicated open space, you are at 364 feet. This is over the length of a professional football field. The rest of the homes along East are over two times the length of a pro football field. There are only (7) homes in total along East Scarlett Mountain Road. (See Exhibit H for distances to homes along Scarlette 174 Mountain Road). The modification provides a similar 100-foot strip of continuous open space on the south side of the Woodsedge Mobile Home Park running east to west across the entire property. This northern stretch of undisturbed open space is wooded and encompasses steep slopes and wetlands surrounding the west to east flowing perennial stream (See Exhibit D, the proposed Open Space). Looking at the southwest corner of the site, again along East Scarlett Mountain Road, we have proposed a significant 10-acre parcel of undisturbed open space which lies entirely in the Rural Buffer. This area holds the most mature hardwoods in the southern area of the site and will provide an impenetrable buffer for the homes to the south. Finally, an undisturbed stretch of 100-foot-wide open space will buffer the entire western border of the site from I-40 (See Exhibit D, the proposed Open Space). The proposed open space buffers being proposed as part of this Special Use Permit Modification provide far better buffers for the homes to the south of East Scarlett Mountain Road than the open space allocated as part of the 33-year-old Special Use Permit modification for the Woodsedge Mobile Home Park. Exhibit H 3 � N $ 1 `� SITE AREA IN •� I I s PROPOSED SUP--- OPEN SPACES I 1 CONSERVATION / EASEMENT . ioo 0 II ` a E_SCARLETT MOUNTAIN � RD 60'PR _ PROPERTY LINE -11 3&' ` ✓nrEa/w; 781 1 � "\z \ e 1 II ' } DISTANCE FROM EXISTING \ HOUSE TO POTENTIAL ` - OEVELOPMENT(fYP.) I / WATERSTONE SOUTH T THOMAS I O V EXHIBITH-DISTANCESBETWEENHOMESANDDEV. H MUTTON _ CAPKOV VENTukES,INC. xSoMcak.wv•s ioo - - I I I oPCEMu:GurvGe COVrvrv,� wn,NCT 19.6Bx.0.L8 I I I -- vice uVnnl�lx' v[vgw[o av�m - .n++, moiWrlllon,com 175 As shown on Exhibit I, the open space dedication from the 1991 Special Use Permit Modification does not extend southward all the way to Scarlette Mountain Road. It stops about 250' short of East Scarlett Mountain Road across the full length of the site east to west. This area could currently be developed all the way to East Scarlett Mountain Road. Without the reallocation of open space proposed as part of this Special Use Permit Modification, this would be the most likely outcome (See Exhibit J). We think the extensive and continuous open space buffers that are being proposed offer a better alternative. Exhibit I - HILL590RGVGH - In - CF PRELIMINARY _�' ♦ ��� l A - �—_k-' NOT FOR CONSTRUCTION 1 - r� THOMAS � � J H H UTTON .Ro ` ' r �11 ouaaxr rua 3 / ° - 17 L� � . � BIIFIFER HEO� _ IBf `�4 [ 6�^ •. e x�n ✓/�I � -1� 9GRCEYrM TAM1 Rp � ��` 176 Exhibit J JA NNL NOSPITA AT `� i, g Q =_ r. I SP aao�xn®rwcr � I a - NOi FOR as a..,rP . 4�`• " H i i 1 r . .i77 5L Finally, we propose that the open spaces outlined here in our proposal be dedicated as a permanent "Conservation Easement" so the open space allocated as part of this Special Use Permit Modification remains open and undisturbed in perpetuity. Our proposal to establish a permanent 100-foot open space "Conservation Easement" along East Scarlett Mountain Road will forever prohibit access to Scarlette Mountain Road from this site, putting to rest any such concerns by those who currently use East Scarlett Mountain Road. We believe this proposed modification of an old Special Use Permit takes the best interest of the entire community into account by opening up underutilized land and allowing it to provide an ideal location for future homes and neighborhood businesses in the very area both Orange County and Hillsborough have directed development to go. More than that, the modification creates far superior open spaces and buffers for the homes along East Scarlett Mountain Road and for the Woodsedge Mobile Home Park. Open spaces that are more environmentally sensitive and provide a more consistent buffer around the entire property through a permanent Conservation Easement. We ask for your approval of the proposed modification of the 1985 and 1991 Special Use Permits. 177 Prepared By: Edward B. Kirk Returned to: Roger Stephens Route 7, Box 38 Oakdale Drive Hillsborough, N.C. 27278 9873-40-a5y8 4y.49.0.13 ys.1 PAGE 206 ORANGE COUNTY gG�K 965 COUNTY OF ORANGE ORANGE COUNTY NORTH CAROLINA 19910409000036840 PRNIIT SPECIAL USE PERMIT Bk: RB905 Pg: 206 T9/1991 1/4 KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned property owner Roger Dale Stephens, Route 7, Box 38, Oakdale Drive, Hillsborough, North Carolina, 27278, having applied to Orange County for a Special Use Permit for the use and development of the property hereinafter described, the same was granted by Orange County on May 29, 1990, the terms of which are as follows: NAME OF PROJECT: Woodsedge TYPE OF SPECIAL USE: Planned Development - Housing (Modification) NAME OF DEVELOPER: Roger Dale Stephens DESCRIPTION OF PREMISES LOCATION: West of N.C. 86 and east of Interstate 40. TAX MAP REFERENCE: Hillsborough and Chapel Hill Townships Tax Map 4.49.B.13 DESCRIPTION OF PROPERTY: All of the tract and parcel identified as "'Woodsedge' 50.00 Ac." shown on the plat and survey by Steve Yuhasz, ENT Land Surveys, Registered Land Surveyor, entitled "The Woods and Woodsedge Planned Developments" and recorded in Plat Book 56, Page 11, of the Orange County Registry. (Hereinafter "the property") I IIIII IIIIII III IIIIII I I IIIIII I II IIIII III I 905 206 1/4 -1- Book 905 178 BooK 905 P F 207 SPECIAL TERMS AND CONDITIONS The Board of Commissioners of Orange County approved granting a CLASS A SPECIAL USE PERMIT FOR "WOODSEDGE", A PLANNED DEVELOPMENT HOUSING on February 19, 1985. On May 29, 1990 the Board of Commissioners approved a modification of the Special Use Permit to remove four (4) mobile home spaces from the existing park, add a residence for the park manager, relocate the lot lines of the Property and relocate the required 25 acres of open space from the west side of the existing park to the south side of the Property. The property subject to this SPECIAL USE PERMIT is owned by Roger Dale Stephens and particularly described in the DESCRIPTION OF PROPERTY section of this Special Use Permit. The terms of the Special Use Permit for "Woodsedge" approved February 19, 1985 continue in full force and effect except to the extent modified herein. The terms herein contained are binding on the present owners, their successors in title and interest, until such time as the project herein described or the conditions herein are changed by government action. The modifications described herein shall be made in accordance with the approved Site Plan for Woodsedge, the narrative statement of the modification and all other documents pertaining to the modification, including all erosion control plans, utilities plans, and building plans, all of which are incorporated herein and made a part of this Special Use Permit modification and together show in detail the approved modifications described above. This Planned Development shall also be maintained and constructed as required in Section 7.14 of the Orange County Zoning Ordinance and as prescribed in the special conditions listed below. This Planned Development-Housing modification is subject to the following special conditions: 1. The project, including the residence for the park manager, must remain in unitary ownership. 2. A final boundary survey of the amended Planned Development shall be recorded by the developer. IIIIIIIIIIIIII ITIIIIIIIII I 11111111I IIII 905 207 2!4 -2- Book 905 179 eou 905 mu 208 NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, Orange County has caused this instrument to be executed in its name as evidence of the issuance of said permit, and the undersigned being all of the property owners of the property above described, have executed this instrument in evidence of their acceptabbe of said Special Use Permit as a covenant running with the land , ATTEST ORANGE COUNTY is +tt? BY BEVERLY BL THE J N M. 'LINK, COtr MANAGER CLERK TO THE BOARD OF COMMISSIONERS ACCEPTED: ROGER DALE STEPHENS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 905 208 3/4 OWNER ATTEST: (SEAL) -3- Book 905 180 NORTH CAROLINA BOOK 905 mu 209 ORANGE COUNTY I, f1A-mic,, c. P,,.6r , a Nota Public in and for said County and S ate do hereby ert fy that r s LiA r , County Manager of Orange County, and , Clerk to Board of Commissioners, personally ppeare before me and duly sworn says each for himself that he knows the corporate seal of the County of Orange and that�e seal of -the C unty of Orange was affixed to the document by evd'ly ✓ , Clerk to the Board of Commissioners and that they subscribed their names thereto; that the corporate seal of the County of Orange was affixed by virtue of a resolution of Board of County Commissioners, and that said instrument is the act and deed of the County of Orange. WITNESS WHEREOF, I h hereunto set my hand and Notarial S a:�I tti§,the �(_ day of e��� 0��_, 19C/0_ �1 O I ;;';•�' 02- • Not ry Public >",,: My commission expires: NORTH C F20L'1G - ORANGE COUNTY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII The foregoing certificate(t) of Kathleen C. Baker, 905 209 4l4 A Notary 0"**VMM)Public of the designated Governmental units is*m)certified to be correct.Filed for registra- tion this the 9th day of April 19 91 , at 12:02 o'clock, P.M. in Record Book 905 Page 206 Betty�Juayfts, Register o DeedReturn: By: (xf1 �J�Liyi Assistant/Deputy— Register of Deeds Book 905 181 ENTRANCEWAY / SPECIAL USE N \ \ \ \ -------------------------- i _ WATERSTONE DR. X \W \ UNC HOSPITAL AT - HILLSBOROUGH — w \ � w - - 0 U \ W \ I I U Z PHO�DR. _ N \ �\ ti WORTH ST _ — ■ ` ■ � W \\ \ OPEN SPACE b) \ ` INEENEENELOCATION PRIOR U) \ TO ORIGINAL SUP i - - - \ \ 7 NO. REVISIONS BY DATE MEN No 0 \ No — � PRELIMINARY \ — NOT FOR .O!t� CONSTRUCTION \ SITE AREA IN �N ORIGINAL SUP : \ 7 �A \ — 1 a 0 THOMAS 10* TF4 o — — — HUTTON 2510 Meridian Parkway • Suite 100 \ 7 qr Durham,NC 27713 • 919.682.0368 ■ ` l www.thomasandhutton.com \ �; • � EXHIBIT B - WOODSEDGE � \ SUP 1991 \ \ ■ PA%. 91, - WATERSTONE SOUTH \ ` ti• PROJECT LOCATION: r 7 9 Orange County, NC 1 ■�1 F• ` CLIENT/OWNER: Il0000Capkov Ventures, Inc. IRELOCATED PO Box 16815 I Chapel Hill, NC 27516 I OPEN SPACE IN Contact: Eric Chupp I ORIGINAL SUP I I I - - - - E. I CARLETT MOUNTAIN RD I200 0 100 20 I I _ � STOREY LN GRAPHIC SCALE: - ---- I � 1 INCH �00 FEET 1 A.L. STANBACK MIDDLE I SCHOOL I II DATUM: HORIZ.: NAD 83 VERT.: NAVD 88 IJOB NO: 92037 I I DATE: 02/16/24 DRAWN: DAJ, MTC I I DESIGNED: REVIEWED: Elel APPROVED: "" SCALE: 1" = 200' 182 \ CRABTREGLENNLLC ENTRANCEWAY / SPECIAL USE PIN:9873524098 DEED:60091565 CKSV WATERSTONE COTS LLC ACRES:15.8 I PIN:9873425697 \ DEED:66781685 ACRES:10.32 UNIVERSITY OF NORTH CAROLINA \ ILEY D HOSPITALS AT CH 319ISTY A S 12 11' GRAVITY 10' PIN:9 8 7332 028 7 \ ' RC m DEED:4BJ21301 \ -- O g" w Pl. 9873029910 E \ ADEED CRES: .28 ACREs:2.4s \ \ \ MAIN 8.5' 8" GRAVITY 14' SEWER MAIN 11' 3 S __-____ -- U \ 4i U \ 0 \ CAPKOV VENTURES IN ----l---- U N C HOSPITAL AT PIN:98 73 4223 75 _ DEED:671811700 - w \ ACRES: - - - ORANGE CO. 70 KEY \ \ HILLSBOROUGH UCAPKOV VENTURES INC N \ PIN 98 734 252 71 ZONE: EDH-2 Q11) ° DEED:6653/1382 ►+ j \ ACRES:4.05 1 - \ - m SITE AREA IN CURRENT SUP - DUKE UNIVERSITY SCHOOL OF w \ \ U DEED:FORESTRY51501 PIN:S:291.7869 CAPKOV VENTURES INC �. ACRES:291.3 O \ \ I PIN:S.J. 1 775076 Q CRABTR£E GLENN LLC DEED:67281908 Li ACRES: .77 0 U \ PIN:9873524098 \ - - - - 00 DEED,60091565 TI 25 ACRE OPEN SPACE IN CURRENT SUP ACRES:15.8 �1 O 11 \ CAPKOV VENTURES INC \ \ \ PIN::67281598 EDH-2 \ ACRES 3H1 ORANGE CO. ZONE: I 70 \ WATER _ \ \ \ \ TOWER ORANGE CO - Y \ Q . Z)ONE: R1 o \ \ \ \ „/ JAMES RAE ! STEPHENS CAPKOV VENTURES INC V PIN:9B73510737 PIN:9873418780 CAPKOV VENTURES INC ROGER DALE DEED:6822 0734 F \ DEED:400/96 PIN:9873418757 ACRES:0.9 4 DEED: 4/55113 ? PIN::672812316'- DEED:4444/274 DEED:6728/231 ACRES:0.9 ACRES:J.19 ACRES:0.92 PHOEBE D R. O A ACRES:0.95 w _ M \ DODSON \ \ \ \ MIC�ELJ sON \ \ EXISTING ZONING _ s N P/N:9873115760 MIC L J V A \ ( - - - (6 0' PRIVATE R / PIN:9 117506 Y V p DEED:417/275 DEED:402 1 -�-M�_ � ACRES,1.1s \ BOUNDARY - O ACRES:0.51 M N \ w - HILLSBOROUGH ZONE: ENTRANCEWAY / SPECIAL USE / 5. ' o� o DODSON` FAU40C_I \7- / a_Q \\ y 71 S CRABTRE£GCENN LLC \ MICHAEL J PIN.�987JII Z10 `--- \ \ H \ PIN:9873524098 \ DEED94b2/629PIN, 615 DEED: 1.71 5 \\ \\ ORANGE C O. ZONE: R 1 \ \ cJ.cJ' \\\ (n \\\ DEED:6009/565 L. ACRES 1.46 ACRES:1.71 ACRES,15.8 Z \ \\ \ \ \ \ N� \\ C \ Cr vv \ 4GN' - ------------------- PIN9873117247 \\ \ \ 7 \ \ \\ \\ ------- ---- \ DEED:680411136 10�CRESi4� \5 MOBILE HOME \ \ BARLOW FAMILY PROPERTIES LLC \ / \\ PARK __ � Q L PIN:9873116137 DEED:6793/317 \ \ - 7 ^ _ -ACRES:4-47 ` ' \ \ ( \ WOODSEDGE PROPERTIES LLC \\� \ CIDFINE CORPORATE ENTERPRISES LLC \\ \\ \ \\ PIN:98 734 10 1 72 /27\\ r m PIN:98 736 1 52 7 ❑\ \\\ \\ DEED:18521224 4 1 I \ v- ACRES.50.86 ACRES:48.25 r \ ` I MA GU \ LILLI£YANC£Y �I \ NIVW b3M3S 302i0� „I PIN:9000/0 KAUFMANN 089 �'1 \ NO. REVISIONS BY DATE L-J STEVEN L \ \ \ \ \ .SS PIN:9B73107937 \ --- ACRES:79 1 G DEED:2128/115 \ \ \ 5.5 __ '�� \ ACRES:4.41 \ _- - - I FINE CORPORATE ENTERPRISES LLC FINE CORPORATE ENTERPRISES LLC \ \ P/N:987J608999 \ I PIN:S:4.01 3903 �(J\\ �`s^\ ` I I-I ST£PHENS DEED:5663/523 DEED:5663/523 i i I ROGER DALE ACRES:5.69 6 r ACRES:4.01 \ 8^ Res- PIN: \ \ \ V I 8816 6.5 DEED:16J826 ACRES:3.5 \ \ o � _ _ - ° ' 619.54r PRELIMINARY I I 200 SWIFT INVESTMENTS LLC \ \ \ o -1 I I N 0 T F 0 R CD P/N:9873202388 - �\ FONT£NELLE DEED:6821/J9 \ \ \ 00 BARBARA R ACRES 34.58 PIN:98730/508 z I / CONSTRUCTION DEED,634107608 ACRES: 6'\ 6 \ 7 SITE AREA IN ORIGINAL SUP CAPKOV VENTURES INC FINEDAMES A J\ v. PIN:9873502573 PIN:9 8 7360453 1 Q� ACRES.616.9/ ACRESDEED:64 2275 �J\ \ T THOMAS SWIFT INVESTMENTS LLC / \ ' I PIN:987310,010 0 H U T T O N DEED:6829/328 \ - ACRES:2.35 - 2510 Meridian Parkway • Suite 100 T` 150' DUKE POWER Durham,NC 27713 • 919.682.0368 � � � -�- --�_ � -� _� � � � � � o 511112 EASEMENT BLALOCK PROPERTIES HILLSBORIUGH LLC www.thomasandhutton.com 5/182 / D B 18 3 P G 7 7 PIN 9873607266 / SUDYK 1 DEED:5543/254 MICHAEL WILLIAM TTT ACRES,6.83 PIN: 410f08f \ - DEED::4109/185 \ ACRES:3.51 _ 150' DUKE \ \ - - - - - - - - - �' - CURRENT SUP --------------- POWER C4PK9V,35041,52 INC - REQUIRED OPEN SPACE EASEMENT DEPINED: 6820413 \ DEED:614.06 3 ACRES:14.06 l \ DEED:4/WILLIAM \ SUDYK MICHAEL \ - - Cm WATERSTONE SOUTH \ LOCATION OF 25 ACRE P U PIN:9872196844 - N DEED: 271499 ACRES:3.26 / \ l 8 7 DEED: 487/499 E 9 ACRES:8.6 OPEN SPACE IN \ 1 CURRENT SUP - - - - PROJECT LOCATION: ggss Orange County, NC -------- /y� ADVISORY BOARD OF THE NC DISTRICT CHURCH OF THE NAZARENE N CLIENT/OWNER PIN:9872598561 DEED:6001,329 �� ACRES:5.09 1 'CHURCH � Capkov Ventures, Inc. I PO Box 16815 1 C ) ORANGE COUNTY BOARD OF Chapel Hill, NC 27516 Ln EDUCATION N O LANDSCAPE T PIN::280115 80 7.91 5 9041 Contact: Eric Chupp W DIED:28 r ACRES:20.41 BRYANT 19 7.9' THEODORE L BRYANT PIN:98721983,76 THEODORE L BRYANT / 1 DEED:3377/342 PIN:9872292222 THEODORE C 1 BUFFER REQUIRED 19 .6 N ACRES 10.44 DEED:3377/342 PIN:9872298289 REYES \ ACRES:10.18 DEED:J377/342 ACRES:10.05 I I SANTOS GUADALUPE MEJIA L / 1 E. �� PIN: :5.16 9242 L DEED:663711403 �J ACRES:5.16 RURAL \ 1 _ _ RLETT MOUNT o N BUFFER _ - R� 8' S /\ zoo o ❑0 20 BOUNDARY -- - 1 ( SS 8 5' JORDAN \6 O PR/VA KARENS E R/W T ),.. ,... / GRAPHIC SCALE: 1 T C /w) 1 INCH OOFEET / ----- -- - - - - - -- - - -- - - - - - -- - - - P/N:9872491050 ----- ------ DEED.359/169 _ 1 ACRES,Z76 A.L. STANBACK MIDDLE RURALI SPARROW / 1 I M4RGAREFSCHOOL L PIN..9872586878 DEED:726/243BUFFER ACRES:2.09 U' N T 000, DATUM: HORIZ.: NAD 83 VERY.: NAVD 88 ---- -BHE THEODORE L BRYANT rt/ P :9872 2 187626 ----.. PIN O98772286779 DEED: 1 �- STANBAOI,rO\ OLE DEED:7441618 JOB N0: 92037 A 1 ACRES:9.57 ACRES 3 94 SCH \ EUGENE C BROOKS 111 TRUST /\ DATE: 02/16/24 1 \ PlN\96725851102 DRAWN: DAJ, MTC bEEO A',I RE.0.41 DESIGNED: DE lCK B � PIN:98723836 I EARS - ' ORANGE COUNTY BOARD OF REVIEWED: 0 DEE 4327/31 DERRICK B EDUCATION E1 * 2 ACRE 0.74 PIN:,4327 310 SPARROW SPARROW N �� PIN::1159 1598 APPROVED: DEED:4327/310 \ ,PINERY BURNICE JR PINERY BURNICE JR (n7J DEED:1 I.67 7 ACRES:6.99 JJJ DEED:654 582 9 DEED:27021528 G ACRES:31.67 0•..-.- SCALE: 1" = 200' 183 a \ ENTRANCEWAY / SPECIAL USE N I, Al N N \ 12 \ 10 RCE ------ \ 11' �BE' GRAMMAIN 8.5' 8" GRAVITY 14' WER MAIN 11' S S \ UNC HOSPITAL AT ----- _ U a w \ \ HILLSBOROUGH - a o — — a \ I _ — \ ORANGE CO. o KEY \ ZONE: EDH-2 Q° M -- % SITE AREA IN MODIFIED SUP m — — w \ c o \ I L, Of " — -n RELOCATED OPEN SPACE PER MODIFIED 00 \ \ m SUP - 25 ACRES OVERALL - - a \ \ \ \ ORANGE CO. ZONE: EDH-2 I 70 \ WATER \ ° \ TOWER CO. ZONE: R1 \\ ]❑ \ ORANGE I ❑ ` \ \ w Z 0 ° \ O ° PHOEBE DR. _ EXISTING ZONING _ _ _ — Mom_ _--M�=— — — — — BOUNDARY — �� 73. �' (60' PRIVAT R/ ) `� / I SS `fib HILLSBOROUGH ZONE: ENTRANCEWAY / SPECIAL USE ( 5. :.o\\\ ❑ ❑ \` \\ ORANGE CO. ZONE: R1 \ \ 5.5' \ z \ °\ \� 0 0' \ \ w vv v v v Q -- - -- - -- - -- ------------ 7' En \ \ _ ;5 MOBILE HOME - \ \ �� \ \ �\ PARK \ \ \\\ \\\ -00 N 1 TOWN COMMENTS T&H 3/29/24 00 ❑ \ \ �\ \\\ NI SS b3M3S 302i0� „I I \ N0. REVISIONS BY DATE \ 6.5\\\ 6' 8„ GRAVITY � — � I ° T \ \\ v \ U \ ' 619.54' \ ° PRELIMINARY u-,-- I I �I 20 — — — — � \ , \ NOT FOR ❑ z � I \ \ v o\ '� � �� s II o � _ _ - CONSTRUCTION Emma THOMAS \\ oao' SITE AREA IN\ PROPOSED SUP I & ° \ 100.01 HUTTON _ 2510 Meridian Parkway • Suite 100 _ 150 DUKE POWER Durham,NC 27713 • 919.682.0368 I— EASEMENT L\DB 183 PG 77 www.thomasandhutton.com � I \ 150' DUKE \ - - - - - - - - - - - - - - - — EXHIBIT D — PROPOSED - - - - - - �' POWER \ \ OPEN SPACE WITH EASEMENT \ MODIFIED SUP 100.o I �oo.o' WATERSTONE SOUTH \ \ 1 PROJECT LOCATION: \ SSSS Orange County, NC 1 1 \ \ U) CLIENT/OWNER: - I \ �CH�URC4 o Capkov Ventures, Inc. PO Box 16815 I100.01 L I Chapel Hill, NC 27516 C U' Contact: Eric Chupp I \ 100.0 N RURAL O BUFFER /00eI OPEN SPACE & _ 8 200 0 100 20 BOUNDARY I I CONSERVATION EASEMENT — N (60 PR N I I Vq TE Raw) ( ss 8.5' nRFy GRAPHIC SCALE: C—� __ /W) • SCARLETT — A (----T-- �N A.L. STANBACK MIDDLE 1 INCH BOO FEET MOUNT RURAL I R\ D SCHOOL BUFFER I \ U' (n DATUM: HORIZ.: NAD 83 VERT.: NAVD 88 I U STANBACK A SCH00 JOB NO: 92037 DATE: 02/16/24 I I \ DRAWN: DAJ, MTC / I DESIGNED: \ < REVIEWED: Ele3 �L 0 APPROVED: SCALE: 1" = 200' 184 a o BUS STOP NEW N SEWER \ O N MAIN BL OCK H HILLSBOROUGH ZONE: M (CAL FICE / NEW SEWIIR ENTRANCEWAY / SPECIAL USE CHILD CARE OUTPA TENT SER�C�CES FA ILITY MAIN POTENTIAL \\ \ +/- 10 000 SF �� N CONNECTION 5 9 A OPOSED TO UNC » F 12 STOP , GRAM 10, S ORCE MAl \ 8 EWER MAIN 11' 3 S 8.5' 8" GRAVITY 1 S USES UNC HOSPITAL AT USES: Q7 Medical Oje Commercial& a HILLSBOROUGH , Outpatient Amenities Residential \ — Apartments Senior Living Townhomes (TH) — — Block Element SF RanSquare Footage DU DU DU w \ � — — ORANGE CO. \ A 60 ZONE: EDH-2 Q° B1 225 132 225 \ C 70 \ BLOCK G D 40,000 \ MEDICAL OFFICE / 03 I F 25 \ TIENT SERVICES G 100,000 \ \ +/- 100,000 SF m H 100,000 w \ \ \ REC/OPEN SPACE Z -2 5.8 ACRES I +/_200 000 SF 40 000 450 Units 205 Units \ \ _ w \ \ WATER ORANGE CO. ZONE: ED , N \ \ \ TOWER ORANGE CO. ZONE: R1 \\ F \ ? KEY w EXT INE ZON G\ O \ FUTURE DEVELOPMENT PHO�DR. BQNDARY\\ POTENTIAL _ _ — — —_ _— — — —_— — \� -� �� _ _ c — — — — S M\�— — — 60 PRIVAT R �N� NEW OPEN SPACE PER POTENTIAL ORANGE COUNTY SUP -25 ACRES OVERALL \\ \ 73.1' SEWER — � ti�b � ___----MAIN \\ \ HILLSBOROUGH ZONE: ENTRANCEWAY / SPECIAL USE `_ 1 a-o\ �,,o FIGURE — \ C J \�\ <� \ 5. ' \ \\ \ ORANGE CO. ZONE: R1 \ \ 5.5' \ \ ADDITIONAL OPEN SPACE - 12.8 ACRES \ \ V OVERALL o \\ 100.0' MOBILE HOME n \\ 0.0 PARK \ Ln 7 5' \ \ �\ \ 1 TOWN COMMENTS T&H 3 29 24 �� \ N0. REVISIONS BY DATE BICYCLE TRAIL WALKING & i \ � 10 ' �� �V� A209.3 , \ `�( \\ \� �� � 0 FUTURE DEVELOPMENT it °' \ \ ELIMINATE BLOCK E NEW 60' WIDE TRACT \ \ �� PUMP I POTENTIAL TOWNHOMES WITH FULLY \ PRELIMINARY \ \ \ NISSb3M3S 30210� 5 INTEGRATED AFFORDABLE CREATED FROM \ \ �� STATION PRESERVED COMPONENT NOT F O R WOODSEDGE \ �N� �S� J' OPEN SPACE / WALKING / +/- 50 UNITS PROPERTIES TRACT \ \ 6.5, \\ 6' 8" GRAVITY s� — — — ___ _ � BIKING TRAILS \ 4.6 ACRES co FUTURE CONSTRUCTION 19.5 4' � I I — REZONING \ \ \ I 200I I FUTURE 4f - -� BOUNDARY (TYP.) � \ \6 �_ / \ V" i 6' THOMAS _ 0010 \ \ V BLOCK F �s T AL_ TOWNHOMES WITH FFUL INTEGRATED AFFORDABLE �\ H U T T O N \ \ COMPONENT \ n ��ok \ \ �/� +/_ 25 UNITS 2510 Meridian Parkway • Suite 100 \ 00.0' ��� Durham,NC 27713 919.682.0368 1.6 ACRES \ www.thomasandhutton.com — — — — \ — 100.0 — — — EXHIBIT E — MASTER DEV. 150' DUKE POWER — — o PLAN WITH OPEN SPACE EASEMENT \ — — — — — REALLOCATION —DB 183 PG 77 � — BLOCK B1 — — — I NEW SEWER MAIN 150' DUKE \ APARTMENTS — — — WATERSTONE SOUTH POWER +/- 225 UNITS WITH BLOCK B2 BLOCK D EASEMENT \ FFORDABLE COMPONE T _ APARTMENTS COMMERCIAL, RETAIL, 00.01 7.6 ACRES +/- 225 UNITS WITH ��— DAYCARE, / \100.0' AFFORDABLE COMPONEN BLOCK C — RESTAURANT PROJECT LOCATION: / \ 7.1 ACRES TOWNHOMES — N +/- 40,000 SF orange County, NC \ I WITH FULLY INTEGRATED 4.0 ACRES \ ` AFFORDABLE COMPONENT \ +/- 70 UNITS CLIENT/OWNER: \ ` 8.3 ACRES Sss Capkov Ventures, Inc. I \ PO Box 16815 / Chapel Hill, NC 27516 I / PROPOSED Contact: Eric Chupp U) NEW NAZA ENE 10 ACRE BUS STOP U) PUMP ST ION _ TOWNHOMEOS WITH FULLY _ PUBLIC (CHURCH I \ PARK - — DEDICATION INTEGRATED AFFORDABLE100.01 I OMPONENT / I 200 0 100 20 60 UNITS 100.0 � / I GRAPHIC SCALE: / RURAL I I — — — - N 1 INCHOOFEET BUFFER OPEN SPACE & _ I I NEW SE WER BOUNDARY - - MAIN N — / / 8.5' - I I PRI Vq TELN � DATUM: HORIZ.: NAD 83 VERT.: NAVD 88 �6o E. C R JOB NO: 92037 SCARLET MOUNTAIN RD A.L. STANBACK MIDDLE DATE: 03/29/24 RURAL I SCHOOL DRAWN: BUFFER I NEW _ DESIGNED: I SIDEWALK N pLE REVIEWED: Ele4 � A STAS Np� APPROVED: SCALE: 1" = 200' 185 a 0 0 \ \ N — I 100.0' \100.0' W 3 \ SITE AREA IN \ s PROPOSED SUP w \ ' N z � \ a 1 \ / OPEN SPACE & I CONSERVATION I \ z I EASEMENT I n CHURCH O co i \ \ '44 .3 m 100.0' -o X I � I C) Z 100.0' I I � o � I a I in - / / I I4.6' — _ E. SCARLETT RD MOUNTAIN I — (66 PR SATE 3 PROPERTY LINE 7 3.9' RAW) 7 $ 7' — — I (TYP.) 57 .5' I 714.2' N / IH W --_ O - - I 10 .3' — N I I DISTANCE FROM EXISTING I HOUSE TO POTENTIAL I I DEVELOPMENT (TYP.) - I , I I , WATERSTONE SOUTH THOMAS T I O EXHIBIT H - DISTANCES BETWEEN HOMES AND DEV. H HUT TO N I CLIENT: I CIENT: VENTURES, INC. 2510 Meridian Parkway • Suite 100 I Durham,NC 27713 919.682.0368 LOCATION: ORANGE COUNTY, NC I DATE: 03/29/24 DRAWN BY: DAJ,MTC SHEET: -- ^ ^^•thomasandhutton.com JOB NUMBER: J-92037 REVIEWED BY: SCALE: 1"=200' 186 Capkov Ventures evelo in Homes And Communities Since 1954 In Chapel Hill Since 1972. P g P a Kovens Company Woodsedge Special Use Permit Modification Findings of Fact Article 5.3.2 Orange County Unified Development Ordinance (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property(unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Response to (a). Please see the attached narrative labeled Exhibit B to this application. The proposed modification will promote the public health, safety, and general welfare of the community. The modification of the 1985 Woodsedge Special Use Permit, and the 1991 modification thereof will only change the allocation of Open Space within the property, and the requirement for unitary ownership. The characteristics and operation of the Woodsedge Mobile Home Park will remain exactly as they are today. The proposed modification may allow for the future development of the underutilized 50 acres immediately south of the Mobile Home Park. If this occurs the most likely form of development would be in accordance with the Hillsborough and Central PO Box 16815 9 Chapel Hill, NC 27516• (919) 942-8005 187 Orange County Coordinated Area Land Use Plan and the recently adopted Hillsborough Comprehensive Sustainability Plan. As the above referenced narrative explains, this property has been identified by both Orange County and Hillsborough as an ideal location for Mixed Use Development. Public water and sewer are both available on the property, and Hillsborough's newest water tower at UNC Hospital is located immediately adjacent to the property. Public Streets and major transit corridors surround the property, and it will be served by the newly constructed Fire and Emergency Services Station in Waterstone a half mile from the site. The UNC Hospital Complex is immediately adjacent to the property, and Stanback Middle School and New Hope Elementary School are less than a half mile away. Dan Jewell a prominent land planner is listed as an expert witness and will provide sworn testimony at the Board of Adjustments hearing as to the promotion of the public health, safety, and general welfare of the community as it relates to the proposed Special Use Permit modification. Response to (b). Martin Jarvis a principal of the appraisal firm of Stewart, Martin, and McCoy, LLC. Mr. Jarvis will give sworn testimony at the Board of Adjustments hearing that the proposed modification of the 1985 Woodsedge Special Use Permit, and the 1991 modification thereof will maintain or enhance the value of contiguous property. Mr. Jarvis is a State Certified Appraiser and his credentials and resume have been listed on the application. Response to (c). Please reference Exhibit B to this application, the narrative, and attachment Exhibits C, and M both attached below. Exhibit C shows the Hillsborough and Central Orange County Coordinated Land Use Plan, and Exhibit M is a wide- angle view of the landmarks surrounding the site. Both Exhibits clearly show that the location and character of the use will be in harmony with the area and the use is in compliance with the Comprehensive Plan adopted by the Orange County Commissioners. Bob Chapman a land use expert will provide further sworn testimony as to the consistency and harmony with the surrounding area, and compliance with the Orange County Comprehensive Plan. Mr. Chapman has been listed as an expert witness with his credentials and resume attached hereto. 1111 III • • * • Fw1 Liam Men x �iRfJ1-S5 ■_ F=-xi=SI -w.g.. M. ' *t. ��..fw• _ • lip i {w� ,. �* _ n��� FU r'/#1rt i itiirr. I k f• 189 Exhibit M Single Family ~ r Sin family MulMultiFamily Park mu gle Single Family ownhomes I Single Family Multi - �. �� RetailJj 1 Familyk Office' Multi + Family Tie Single Family Medic FStatio --- 'Ti Office iliOYef Retai�uI 'It —� 'Retail/ F am ec v Office : muy axed us College.- — sid-ti.o J eighhorh y OF Economic [I,�„_ Townhomes Development/ Medical Campus r �Rr.tili( Employment UNC Hospital f •Mi V .7-=--.. -- R Felde V Neighdo ad Economic Reside ial Proposed Site Reeldential Development/',,; _ hhorhood Z�Employment Key. *Zoned 190 TRACT 1 TRACT 2 ADDRESS: None Listed ADDRESS: None Listed OWNER(S): Capkov Ventures Inc. OWNER(S): Woodsedge Properties, LLC PIN: 9872490872 PIN: 9873410172 SIZE (SF): 2,300,099 SIZE (SF): 2,104,514 SIZE (AC): 52.803 SIZE (AC): 48.313 DEED BK/ PG: 6612 / 98 DEED BK/ PG: 1852 / 224 PLAT BK/ PG: 126/49 PLAT BK/ PG: 119 / 154-155 EX. ZONING: R1 / Rural Buffer (Orange County) EX. ZONING: R1 (Orange County) EXISTING USE: Vacant EXISTING USE: Mobile Home Park 191 PIN OWNERS LAST OWNERS FIRST OWNER2 LAST OWNER2 FIRST ADDRESSI ADDRESS2 CITY STATE ZIPCODE 9872598561 ADVISORY BOARD OF THE NC DISTRICT CHURCH OF THE NAZARENE 126 N OVERLAND DR Mebane NC 27302 9873029910 BAILEY CHRISTYD CLAYTON JOHNO 7510 COUNTRY LANE ROUGEMONT NC 27572 9873116137 BARLOW FAMILY PROPERTIES LLC 223 DAVIS RD C/O DAVID BARLOW HILLSBOROUGH NC 27278 9873607266 BLALOCK PROPERTIES HILLSBOROUGH LLC 3504 NC 86 S Hillsborough NC 27278 9872580651 BROOKS JEAN FORREST 1725 E SCARLETT MOUNTAIN RD HILLSBOROUGH NC 272788739 9872286779 BRYANT THEODOREL BRYANT BEVERLYA 9016 ALBATROSS CT RALEIGH NC 27613 9872298289 BRYANT THEODOREL BRYANT BEVERLYN 9016 ALBATROSS CT RALEIGH NC 27613 9873415972 CAPKOV VENTURES INC 258 E WINMORE AVE CHAPEL HILL NC 27516 9873416716 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873422375 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873425076 CAPKOV VENTURES INC 258 E WINMORE AVE CHAPEL HILL NC 27516 9873425271 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873502573 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873504152 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873510737 CAPKOV VENTURES INC PO BOX 16815 CHAPEL HILL NC 27516 9873524098 CRABTREE GLENN LLC 1030 CODDINGTON PLACE CHARLOTTE NC 28211 9873524832 CRABTREE GLENN LLC 1030 CODDINGTON PLACE CHARLOTTE NC 28211 9873115415 DODSON MICHAELJ PO BOX 1081 HILLSBOROUGH NC 272781081 9873115760 DODSON MICHAELJ PO BOX 1081 HILLSBOROUGH NC 272781081 9873117506 DODSON MICHAELJ PO BOX 1081 HILLSBOROUGH NC 272781081 9873119450 DODSON PAULC 3224 OLD NC 86 HILLSBOROUGH NC 27278 9873727869 DUKE UNIVERSITY SCHOOL OF FORESTRY 2200 W MAIN ST STE 300 C/O CORP TAX DEPT DURHAM NC 27705 9872383673 EADS DERRICK 1608 SCARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 9872483693 EADS DERRICK 16085CARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 9872581028 EUGENE C BROOKS III TRUST 1725 E SCARLETT MOUNTAIN RD HILLSBOROUGH NC 272788739 9872585802 EUGENE C BROOKS III TRUST 1725 E SCARLETT MOUNTAIN RD HILLSBOROUGH NC 272788739 9873604531 FINE JAMES AIR 112 CAROLINA FOREST CHAPEL HILL NC 27516 9873603903 FINE CORPORATE ENTERPRISES LLC 121 N COLUMBIA ST Chapel Hill NC 27514 98736011999 FINE CORPORATE ENTERPRISES LLC 121 N COLUMBIA ST Chapel Hill NC 27514 9873611191 FINE CORPORATE ENTERPRISES LLC 121 N COLUMBIA ST Chapel Hill NC 27514 9873107608 FONTENELLE BARBARA R FONTENELLE JOHN P 116 OLLIE DR BELLE CHASSE LA 700374134 9873418780 FREELAND JAMES RAE PO BOX 896 HILLSBOROUGH NC 27278 9873329805 HARMONY AT WATERSTONE TOWN HOMES HOMEOWNERS ASSOCIATION INC 4112 BLUE RIDGE RD STE 100 C/O ELITE MANAGEMENT PROFESSIONAL INC RALEIGH NC 27612 9872573783 HETHCOX LARRY D HETHCOX LEE MARIE 1707 SEMINOLE RD HILLSBOROUGH NC 27278 9872491050 JORDAN KARENS 1622 SCARLETT MOUNTAIN RD HILLSBOROUGH NC 27278 9873107937 KAUFMANN STEVEN L KAUFMANN JESSE S 2304 DAVIS RD HILLSBOROUGH NC 272787321 9872575882 KIRK THEODOREJOSEPH KIRK MARYANN 1711 SEMINOLE RD HILLSBOROUGH NC 272788718 9873425697 LKSV WATERSTONE LOTS LLC C/O MOORE&ALPHIN PLLC ATTN C THOMPSON 3733 NATIONAL DR STE 100 RALEIGH NC 27612 9873515089 MANGUM LILLIE YANCEY 401 JOYCE RD HILLSBOROUGH NC 272780729 9872697888 NEGLEY CYNTHIAV PO BOX 353 HILLS BOROUGH NC 27278 9872578709 NETTLES LINDAI 1717 SEMINOLE RD HILLSBOROUGH NC 272788718 9873117247 NGUYEN JENNY 2819 BECKETT RIDGE HILLSBOROUGH NC 27278 9872781598 ORANGE COUNTY BOARD OF EDUCATION 200 E KING ST HILLSBOROUGH NC 27278 9872790410 ORANGE COUNTY BOARD OF EDUCATION 200 E KING ST HILLSBOROUGH NC 27278 9873412713 OVERMAN WORTH A SR OVERMAN DEANNA W 1600 WORTH ST HILLSBOROUGH NC 272788728 9872287311 REA LANDCOM INC PO BOX 52328 DURHAM NC 27717 9872384311 REA LANDCOM INC PO BOX 52328 DURHAM NC 27717 9872599242 REYES SANTOS GUADALUPE MEJIA VASQUEZ ALICIA SUYAPA MEJIA 3613 NC HWY 86S Hillsborough NC 27278 9872586220 ROSEGREN JEFFREYC ROSEGREN NANCYE 1720 SEMINOLE RD HILLSBOROUGH NC 272788718 9872389298 SCARLETT CALVIN R SCARLETT YVONNE 1600 E SCARLETT MT RD HILLSBOROUGH NC 27278 9872586878 SPARROW MARGARETANN PO BOX 659 BUNN NC 27508 9872587589 SPARROW ROBERT BURNICE JR SPARROW LORI ANN 3718 STAGECOACH RD RT 7 HILLSBOROUGH NC 27278 9872589289 SPARROW BETTYJO 1607BLUEBIRDTRAIL CREEDMOOR NC 27522 9872681579 SPARROW ROBERT BURNICE JR 3718 STAGECOACH RD HILLSBOROUGH NC 27278 9873408816 STEPHENS ROGER DALE 909 BOX 38 OAKDALE DR HILLSBOROUGH NC 27278 9873418757 STEPHENS ROGER DALE 909 BOX 38 OAKDALE DR HILLSBOROUGH NC 27278 9873202388 SWIFT INVESTMENTS LLC 108 ANSLEY WALK LN CARY NC 27518 9873320287 UNIVERSITY OF NORTH CAROLINA HOSPITALS AT CH 319 211 FRI DAY CENTER DR STE 2043 CHAPEL HILL NC 27517 192 s'60R0c ONSITE STREAM DETERMINATION Stormwater and Environmental Services Division + 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 + (919) 296-9621 1 Fax: (919) 644-2390 o �7 54ti� www.hillsboroughnc.gov ITN C AR�ti September 20, 2023 Mr. Eric Chupp, Director of Development Capkov Ventures Inc. Hillsborough, NC 27278 Re: Multiple Parcels, PINS 9873422375, 9873425271, 9873425076, 9873415972, 9873419716, 9873510737, 9873502573, 9873504152, 9872490823 Dear Eric: This letter serves as confirmation of an on-site stream determination made by Town of Hillsborough (Town) Stormwater and Environmental Services Division staff on September 5-6, 2023 for the referenced properties. The Town of Hillsborough is the local delegated authority for enforcing the Neuse Riparian Buffer Rules (Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 2B.0233)) and also conducts stream determinations pursuant to the Town's riparian buffer regulations (Section 6.20.16, Riparian Buffers, Town of Hillsborough Unified Development Ordinance). Our initial review of Geographic Information System (GIS) data indicated five mapped drainage features present on the properties. The mapped features were evaluated in the field to determine if they meet the criteria to be considered streams. The evaluation was conducted pursuant to the North Carolina Division of Water Quality's Identification Methods for the Origins of Intermittent and Perennial Streams (Version 4.11, September 1, 2010). Based on the field evaluation it was determined that all the previously mapped features do meet the criteria to be considered streams and all are subject to the town's riparian buffer rules (once the properties are annexed). The approximate locations of the streams are shown on the attached map. Copies of the town's score sheets are also attached. Streams require a 50-foot riparian buffer. The buffer is measured from the top of bank as indicated below and occurs on both sides of the stream. For planning purposes, the approximate location of the riparian buffer is also shown on the attached map. Capkov Parcels September 20, 2023 Stream Determination Page 2 SO-feet 1 I ;1 Top of stream bank i This on-site determination expires five (5) years from the date of this letter. This determination can also be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings. Please see the attached document for specific details on how to file a petition. If you have questions about this determination, or how the Neuse/Town Riparian Buffer rules will apply to these parcels please contact me by email at terry.hackett@hillsboroughnc.gov or by telephone at (919) 296-9621. Sincerely, Terry L. Hackett Stormwater and Environmental Services Manager Attachments: Contesting an On-Site Stream/Riparian Buffer Determination Aerial Photograph / Map Stream Determination Score Sheets cc: Shannon Campbell, Planning and Economic Development Manager 194 sg°Roc ONSITE STREAM DETERMINATION Stormwater and Environmental Services Division + + 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 (919) 296-9621 1 Fax: (919) 644-2390 �7 5 ti� www.hiIIsboroughnc.gov RTN C AROv Contesting an On-Site Stream/Riparian Buffer Determination On-site stream/riparian buffer Determinations can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. Within sixty(60)calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William Lane, Presnell, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 - •-PI 1 � A 'T l.. ~ V N •. 4 A r II II - ,,.•,-- fit.. ) '-ice L .:'�,•a,. F�� -�� } a F►` y: ice. . i i 4L F �I ;ir x, a iv Iw s a i_cri Stream Map N Legend 11I — Streaar�s Q Parcels Deleted Streams Approximate Riparian Buffer 0 290 580 1,160 Feet Data shown on this map is from Town of Hillsborough GIS and is for reference only. Exact locations and boundaries should be field verified. This map was prepared by Town of Hillsborough Stormwater and Environmental Services Division. 196 H I LLS BOROUG H III STORMWATER AND ENVIRONMENTAL SERVICES Stream Determination Score Sheet Evaluation Date: 9/6/2023 Project/Site: Capkov Evaluator: Terry Hackett& Heather Fisher PIN: 9873502573 41 Stream Score: 27 Stream Determination: Intermittent Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 3 3. In-channel structure 2 4. Particle size of stream substrate 2 5.Active/relict floodplain 0 6. Deopsitional bars or benches 2 7. Recent alluvial deposits 1 8. Headcuts 0 9. Grade control 1 10. Natural valley 1.5 11. Second or greater order channel 0 Geomorphology Subtotal 15.5 Hydrology 12. Presence of baseflow 0 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0.5 16. Organic debris lines or piles 0.5 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 5.5 Biology 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 0 21. Aquatic mollusks 0 22. Fish 0 23. Crayfish 0 24. Amphibians 0 25. Algae 0 26. Wetland plants in streambed 0 Biology Subtotal 6 TOTAL SCOREJ 27 Notes: 0 197 H I LLS BOROUG H D STORMWATER AND ENVIRONMENTAL, SERVICES Stream Determination Score Sheet Evaluation Date: 9/6/2023 Project/Site: Capkov Evaluator: Terry Hackett & Heather Fisher PIN: 9873502573 Stream Score: 43 Stream Determination: Perennial Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 3 3. In-channel structure 3 4. Particle size of stream substrate 3 5. Active/relict floodplain 0 6. Deopsitional bars or benches 2 7. Recent alluvial deposits 3 8. Headcuts 0 9. Grade control 1.5 10. Natural valley 1.5 11. Second or greater order channel 3 Geomorphology Subtotal 23 Hydrology 12. Presence of baseflow 3 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 9.5 Biology 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 1 21. Aquatic mollusks 0 22. Fish 0.5 23. Crayfish 0.5 24. Amphibians 1 25. Algae 1.5 26. Wetland plants in streambed 0 Biology Subtotall 10.5 TOTAL SCORE 43 Notes: 0 198 H I LLS BOROUG H STORMWATER AND ENVIRONMENTAL SERVICES Stream Determination Score Sheet Evaluation Date: 9/5/2023 Project/Site: Capkov Evaluator: Terry Hackett& Heather Fisher PIN: 9873522375 Stream Score: 23 Stream Determination: Intermittent Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 1 3. In-channel structure 1 4. Particle size of stream substrate 2 5. Active/relict floodplain 0 6. Deopsitional bars or benches 1 7. Recent alluvial deposits 1 8. Headcuts 0 9. Grade control 0.5 10. Natural valley 1.5 11. Second or greater order channel 0 Geomorphology Subtotal 11 Hydrology 12. Presence of baseflow 0 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0.5 16. Organic debris lines or piles 0.5 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 5.5 Biology 18, Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 0 21. Aquatic mollusks 0 22. Fish 0 23. Crayfish 0 24. Amphibians 0.5 25. Algae 0 26. Wetland plants in streambed 0 Biology Subtotall 6.5 TOTAL SCOREJ 23 Notes: Point#1 199 H I LLS BOROUG H STORMWATER AND ENVIRONMENTAL SERVICES Stream Determination Score Sheet Evaluation Date: 9/5/2023 Project/Site: Capkov Evaluator: Terry Hackett& Heather Fisher PIN: 9873422375 Stream Score: 30.5 Stream Determination: Perennial Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 2 3. In-channel structure 2 4. Particle size of stream substrate 2 5. Active/relict floodplain 0 6. Deopsitional bars or benches 1 7. Recent alluvial deposits 2 8. Headcuts 0 9. Grade control 0.5 10. Natural valley 1.5 11. Second or greater order channel 0 Geomorphology Subtotal 14 j Hydrology 12. Presence of baseflow 2 13. Iron oxidizing bacteria 1 1 14. Leaf litter 1.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 9.5 Biology 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 0 21. Aquatic mollusks 0 22. Fish 0 23. Crayfish 0 24. Amphibians 0.5 25. Algae 0.5 26. Wetland plants in streambed 0 Biology Subtotall 7 TOTAL SCORE 30.5 Notes: Point#2 200 H I LLS BOROUG H D STORMWATER AND ENVIRONMENTAL SERVICES Stream Determination Score Sheet Evaluation Date: 9/5/2023 Project/Site: Capkov Evaluator: Terry Hackett& Heather Fisher PIN: 9873422375#3 Stream Score: 40 Stream Determination: Perennial Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 3 3. In-channel structure 3 4. Particle size of stream substrate 3 5.Active/relict floodplain 0 6. Deopsitional bars or benches 2 7. Recent alluvial deposits 2 8. Headcuts 0 9. Grade control 1.5 10. Natural valley 1.5 11. Second or greater order channel 3 Geomorphology Subtotal 22 Hydrology 12. Presence of baseflow 3 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0.5 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 9 Biology 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 1 21.Aquatic mollusks 0 22. Fish 0 23. Crayfish 0 24. Amphibians 1 25.Algae 1 26. Wetland plants in streambed 0 Biology Subtotall 7771 TOTAL SCORE 40 Notes: Point#3 201 HILLSBOROUGH D STORMWATER AND ENVIRONMENTAL, SERVICES Stream Determination Score Sheet Evaluation Date: 9/6/2023 Project/Site: Capkov Evaluator: Terry Hackett& Heather Fisher PIN: 9872490823 Stream Score: 39.5 Stream Determination: Perennial -71 Indicator Score Geomorphology 1. Continuity of channel bed and bank 3 2. Sinuosity of channel along thalweg 3 3. In-channel structure 3 4. Particle size of stream substrate 3 5. Active/relict floodplain 0 6. Deopsitional bars or benches 2 7. Recent alluvial deposits 2 8. Headcuts 0 9. Grade control 1 10. Natural valley 1.5 11. Second or greater order channel 3 Geomorphology Subtotal 21.5 Hydrology 12. Presence of baseflow 3 13. Iron oxidizing bacteria 0 14. Leaf litter 1.5 15. Sediment on plants or debris 0.5 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table? 3 Hydrology Subtotal 9 Biology 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 3 20. Macrobenthos 1 21. Aquatic mollusks 0 22, Fish 0 23, Crayfish 0 24. Amphibians 1 25. Algae 1 26. Wetland plants in streambed 0 Biology Subtotall 9 TOTAL SCORE 39.5 -71 Notes: Stoney Creek 2 2 1 C U _ --------- ILL) Z , R 41 k. - m � u " ? ( j s • A i; � ~' �} — ti � 7 j is Q . �.• ' U ra cm OU � in Af 203 1 i i i 9 (I S I Attachment 2 204 Staff Report Special Use Permit SUP24-0006 ORANGE COUNTY Basic Information NORTH C.AROLINA Parcel Identification 9873-41-0172 9872-49-0872 Vicinity Map for Special Use Permit Application-PINS 9873410172 and 9872490872 �_-__ _ Numbers (PINS) Parcel Address South of Phoebe Drive and North of E. Scarlett Mountain Road spatrm �__ q Hllss°°agFl _ V _ Cap kov Ventures Inc. c/o Eric Chupp, Director of Applicant Name a psmT Yn' Development and Address PO Box 16815, Chapel Hill, NC 2 27516 T , I Capkov Ventures, Inc. (address Property Owner above); —.TavnSAps � Name and Woodsedge Properties, LLC �rTh ; I •�; I Clupnl HII T°wlulilptHllltE°rough T°msl p eclee Mak w Address 4522 Little River Church Road, �. Yiakr Pp5lYfWkrNeAs Hurdle Mills, NC 27541 Benjamin R. Kuhn Agent(s), if Ragsdale Liggett, PLLC applicable 2840 Plaza Place, Suite 400 Raleigh, NC 27612 Current Zoning Special Use Permit Application and 9$7�49o$R District Rural Residential (R1), Rural Buffer (RB) own or Fiillsboroug Current Use Home Park, approved as a 7 Planned Development - Housing Special Use Permit in 1985 and modified with an expansion and m 9873418172 reallocation of open space in 1991 r� Township(s) es Hillsborough and Chapel Hill 96 2499872 Requested 1. Remove the requirement for Major unitary ownership; Modification 2. Relocate the 25 acres of open o ply ga#01 za dgg,249082 space allocated as part of the _E „�.: —streams approved 1991 modification Q k.lejor Transportation Gorritlor wFI g—"y week Basin Jordan Lake o Overlay Zoning z.-g Lower Eno Unprotected and RB Districts Jordan Lake Unprotected Watersheds, Major Transportation —EG5 1C ®Eon-0 Corridor Overlay 205 Parcel(s) Size +/- 100.91 acres Adopted Future Land Use Map with Future Land Use PINs9873410172 and 9872490872Depicted Map (FLUM) Rural Residential, Rural Buffer ------- -- --- -- 1 Designation Town of Hillsborough —— — — FLUM Overlay(s) Joint Planning Area L - Growth h 9873410172 A Management Rural _ System Designation Lower Eno rshe Rural Residential: Land in the rural areas of the County which is appropriate for low intensity and low-density residential e872490872 Definition of FLUM development and which would - Designation not be dependent on urban , services during the plan period. (from Article 10 of op'N59g,3a,°"ZB dedT249ae72 Rural Buffer: Designated lands in —Streams UDO) g Pubrm1meres,Areea the Comprehensive Plan that are Res°°r°ePm,e°n°°^rees ° ocrcwcndoh„PI—in9Aree adjacent to an urban or transition r Watersheds h. area that is rural in character and Fu,re Lad Dse Category Rural Residential which should remain rural and Uty Li,°rrer - Cir Limits , Ay .r.. not require urban services. ' E�anamic Devela [T 1 Interlocal Agreement Orange County-Chapel Hill-Carrboro Joint Planning Area-Land Use Plan Yes Applicable Y/N - - - � Orange County-Chapel Hill- T°W°°fHillsborough Jr - -- Applicable ILA '-----�_--_--� Carrboro Joint Planning Area , Future Land Use �aEC4 Classification Rural Residential 9873410772 \ - Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan (above): land "adjacent to an 9872d90872 Urban or Transition area which is rural in character and which -- - Description should remain rural; contain very low-densityresidential uses ! - - � - agricultural uses exempt from -""- zoning regulations, and low- j Q PLNs 9 1416L72 and 997249CH72 / \ intensity agricultural support —Halle —ghOWL,m� L————------ �°r�ePradtion uses; and not require urban Pe��sde ha RM services (water and sewer) PubIVPd ba open S,x during the Plan period." 206 Town of Hillsborough/Orange County Central Orange Coordinated Town of Hillsborough/Central 41 Area Land use Plan Applicable ILA Orange Coordinated Area Land w� Use Plan Future Land Use Classification Mixed Residential Neighborhood �9 F The dominant land use in any 9873410172 proposed development is expected to be residential based on square footage of proposed structures. Developments may contain a single or variety of dwelling types and densities or 9872490872 may integrate a variety of I Description supportive commercial, public I and semi-public uses and open or public space. Small Q 'IMs 983410YL and 582190812 I developments that provide only Wader Bodl i Str.. supportive non-residential land o u'b n ee i�omugh rure pane anundary uses in an infill arrangement w use Naiphborhood d Emn' denhal R-d _ serving more than 50 dwelling Mixed esl -- �Mxeduse `��mr.. units in a walkable manner may NcigM1}nrhnnd Mixed Bsa �Bub,,LN Oil— """"" also be considered. 207 Surrounding Zoning and Land Uses Aerial Image with PINS 9873410172 and 9872490872 Outlined — Rural Residential (R1), Economic Development Hillsborough Limited Office R£ North (EDH-2), Town of Hillsborough zoning — UNC Hospitals, residential homes, undeveloped South — Rural Residential (R1), Rural Buffer (RB) 98734 01J — Residential homes, undeveloped Rural Residential (R1) _ East Residential homes, Orange Co. Schools, Duke Forest, undeveloped ° West Interstate 40 9874490872 Existing Roads „ North Phoebe Drive, Worth Street °e5 � South E. Scarlett Mountain Drive, Stagecoach Road East NC 86 S, E Storey Lane N - West Interstate 40 (restricted access) Existing Conditions/Physical Features Woodsedge Mobile Home Park currently operates on the +/-100.91 acre subject property. The site contains two existing points ingress/egress connecting to NC 86 S: Phoebe Drive and E Scarlett Mountain Road. The entire western perimeter of the properties are bordered by Interstate 40, which is a restricted access road system. The existing development is serviced by Town of Hillsborough water and sewer services, which includes a sanitary sewer pump station. The site contains stream features which require an 80-foot stream buffer on either side of the bank where slope is greater than 7.5% and a 65-foot stream buffer on either side of the bank where slopes is less than 7.5%, per Section 6.13 of the UDO. Proposed Modifications Proposed Development A 1985 Special Use Permit, recorded in Orange County Records Book 519 Page 93, and its approved 1991 modification, Records Book 905 Page 206, were granted for a Planned Development known as "Woodsedge Mobile Home Park". Concurrent to the 1991 Woodsedge modification, an additional Special Use Permit was granted for"The Woods Mobile Home Park", Records Book 905 Page 200. The Woods and Woodsedge effectively operate as a unified mobile home park development. The proposed modification to the 1985 and 1991 Special Use Permits for Woodsedge and The Woods Mobile Home Parks does not propose any change to the land use itself. The 1985 approved permit was granted with 20 conditions tied to the approved use, the 1991 approved modification to the Woodsedge SUP was granted with 2 conditions tied to the approved use. The proposed modification proposes to change 2 of those conditions, which include: 208 1. The requirement for unitary ownership, and 2. The location of the 25 acres of Open Space allocated as part of the 1991 modification to the 1985 Special Use Permit. The proposed modification retains the full 25 acres of Open Space required by the 1991 modification, but redistributes it within the two subject parcels. The two parcels are not currently owned in unitary ownership, in conflict with both the 1985 Special Use Permit approval (condition #16) and the 1991 Special Use Permit approved modification (condition #1). Both Orange County and the property owners are aware of the violation of the stated conditions and this application for SUP24-0006 was submitted in an effort by the applicant to rectify a current violation of the original and modified Special Use Permit for Woodsedge Mobile Home Park. Separately, the applicant for this major modification has development applications and a petition for voluntary annexation under review with the Town of Hillsborough. The submitted narrative being reviewed by Orange County references those applications, but they are irrelevant to the application under review, which is solely within the decision-making authority of Orange County and its Board of Adjustment. 209 Site Plan ` ENFRANCEWATI S�EGVLL NSE § UNC HOSPITAL AT,., S HILLSBOROUGH', 77 ORANGECO2 EED 2 1 OMNGEM Sb1E R1 PMOEW 1 ° wsnN�y ` ` �� s_� - ` tea.� BOUNDARY -�T3_j`- s� ���� N,useDRouGNzave.ENrRAN ATtscecBa `V \ 209.3r 98 7 \ \ ID .��. PRELIMINARY�� NOT FOR \ ° CONSTRUCTION aROPoosur ` T THOM AS 1000 I ,-- --� r - H HUTTON f ' ---- —————— �— - -——--� — EXHIBIT D- PROPOSED i5u°,� Ir 1 - - —�— OPEN SPACE WITH Pnsa�err 1 MODIFIED SUP 1 WATERSTOW SOUTH 1000, 1000, A jHIIMl BUFFER....}/ OPEN SPAOE&/ ...-.... . B«,N i - E.SCARLETi ° /uuI MOUNfAlM RU V �cHoo� J 210 Proposed Access and Transportation Network Improvements There is no proposed change to how Woodsedge Mobile Home Park is accessed by its residents and users. The development currently has access to NC 86 S by way of Phoebe Drive on the northern side of the property. There is also an internal street network for access to the homes and the park's recreational features. No new NCDOT driveway permitting would be required nor would additional improvements be necessary for fire marshal access and emergency response needs. The nature of the proposed modifications does not introduce new traffic generation for the existing Woodsedge Mobile Home Park. The relocation of the 25 acres of Open Space is proposed to remove any future access to E. Scarlett Mountain Drive. The amended site plan submitted as part of the application details 100' of dedicated Open Space along the entirety of E. Scarlett Mountain Drive, which is proposed to be preserved within a conservation easement. Proposed Utilities No new utilities are proposed with this major modification request. The development is currently served by Town of Hillsborough water and sewer services and will remain as such. Land Use Buffers/Setbacks North 20 ft. setback, 100 ft. perimeter buffer* South 20 ft. setback, 100 ft. perimeter buffer East 40 ft. front setback, 20ft. side setback, 100 ft. perimeter buffer West 20 ft. setback, 100 ft. perimeter buffer *100 ft. perimeter buffer was a requirement of the original 1985 Woodsedge Special Use Permit and 1991 The Woods Special Use Permit. A 75 ft. perimeter buffer was applied to recreation uses and off-street parking. Environmental Assessment (EA) The major modification being requested does not change the land use character or intensity of the existing Woodsedge and The Woods Mobile Home Park and no Environmental Assessment was required per Section 2.7.14 of the UDO. However, full application materials have been shared with various State agencies via the NC Department of Administration's State Clearinghouse. Additionally, the request was reviewed by Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR). As a result of this coordinated review Planning and DEAPR staff agree with a determination of"Finding of No Significant Impact (FONSI)" per Section 2.25 of the UDO (Attachment 5). Solid Waste Given the proposed major modification relates to ownership and open space location, there is no change to the existing solid waste disposal needs of the park associated with this request. Orange County Solid Waste did not provide any comments for the modifications being reviewed. Proposed Conditions 211 The following conditions of approval are being submitted by staff: 1. In accordance with the provisions of Section 2.7.11(D) of the UDO, the Special Use Permit will automatically expire within 12 months from the date of approval unless a vesting period was established and approved in accordance with Section 2.5.5 of the UDO. Review Milestones Application Submittal Date February 16, 2024 Development Advisory Committee March 7, 2024 (DAC) Review Neighborhood Information Meeting March 21, 2024 (NIM) Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Courtesy Review Jurisdiction Date Sent Comments Received (Y/N) Town of Chapel Hill March 8, 2024 Yes Town of Hillsborough March 8, 2024 Yes State Environmental Review March 6, 2024 Yes Clearing House All courtesy review comments are available for review in Attachment 5. 212 Staff Analysis Compliance with Unified Development Ordinance Staff review determined that the application is complete and all submitted materials are in compliance with the following applicable sections of the UDO: ■ Section 2.7, Special Use Permits ■ Section 5.2, Table of Permitted Uses ■ Section 5.3.2, Application of Use Standards, Special Uses The original Special Use Permits for Woodsedge and The Woods Mobile Home Parks predate the current Orange County UDO. The two proposed modifications before the Board of Adjustment are the two standards which are now subject to review and determination as to whether those modifications conform with the existing ordinance standards. Standards governing a major modification to a Special Use Permit, are as follows: (1) Submittal Requirements As required by Section 2.7.14, the following shall be submitted as part of the application: (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. Staff Comment: The application package clearly details the two proposed modifications as a change to 1) the location of the 25 acres of dedicated open space and 2) the requirement for unitary ownership. Sheet E1.3 Proposed Open Space with Modified SUP details the relocation proposed. The application does include reference to future development proposals to be reviewed by the Town of Hillsborough. Such content is immaterial to Orange County Board of Adjustment review authority and staff did request removal of such content. Contemporary standards governing the Planning for Open Space, as detailed in Section 7.12.4(B), require that open space prominently meets at least one of the three following goals in open space design: (a) The maintenance of wildlife corridors and/or habitat; (b) The preservation of rural character; or (c) The creation or protection of space for outdoor recreation. Staff Comment: The proposed modifications maintain a preservation of open space along and around streams and stream buffers. The relocation of the open space also maintains a vegetative buffer along Interstate 40, which is in alignment with the intent of the Major Transportation Corridor Overlay to preserve the rural character of the County. The applicant also prioritized an existing utility easement within the open space to maintain an area that is otherwise compatible with pedestrian recreational use. While there is no current ordinance standard which would require unitary ownership for a mobile home park today, the intent of that condition, as reflected in the recorded meeting minutes and imposed in both the original SUPs and the approved modification, was to ensure the mobile home park use and its required open space were legally bound to each other, even as future land subdivisions may occur. 213 Consistency with 2030 Comprehensive Plan Staff review of the project included consideration for how the requested Special Use Permit relates to the Orange County 2030 Comprehensive Plan. The following analysis outlines elements of the Comprehensive Plan which staff identified as applicable and relevant to the consideration of this request. Chapter 2 — Planning Principles 1. Efficient and Fiscally Responsible Provision of Public Facilities and Services: Orange County's public facilities and services should be delivered in a manner that efficiently uses existing capacity. Expansions of facilities and services should be made only after careful consideration of the costs and benefits of expansion. Staff Comment: Not applicable. 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Staff Comment: The applicant is proposing to relocate the open space such that it will better separate many of the adjacent properties from the subject properties, as well as limit access to the immediate access points to NC 86. Furthermore, this reallocation of open space will be within and along environmentally sensitive site features, namely the streams and stream buffers; and adjacent roads and streets, better satisfying current street buffer standards. 3. A. Encouragement of Energy Efficiency, Lower Energy Consumption and Use of Nonpolluting Renewable Energy Resources 3. B. Promotion of Both Air Quality Protection and the Development of an Effective Transportation System: Decreasing the use of non-renewable resources and lowering energy consumption are encouraged in both public and private activities. The county's transportation system should be enhanced to promote more energy efficient modes of travel and improve air quality. Staff Comment: Not applicable. 4. Natural Area Resource Preservation: Protection of the County's natural areas, including forests, wildlife habitat, and other important open spaces should be a priority. The County should work with regional and local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. Staff Comment: The applicant is proposing to relocate the open space within and along environmentally sensitive site features, namely the streams and stream buffers. 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. Staff Comment: The existing use is harmonious with the rural character of the area and creates no conflicts with adjacent land uses. The open space is proposed to be reallocated in a way that will co-locate with the portion of Rural Buffer zoning on the property, permanently protecting that area as open space and undevelopable land. 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. Staff Comment: Not applicable. No new water services are required by the proposed modifications. 214 7. Promotion of Economic Prosperity and Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. Staff Comment: The existing mobile home park has operated at this location for more than three decades. The proposed modifications allows for the existing residential community to continue operations in Orange County. 8. Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. Staff Comment: The modifications propose no new development which allows the use to remain consistent with the surrounding rural landscape identified in both the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and the Central Orange Coordinated Area Land Use Plan. The open space is proposed to be reallocated in a way that will co-locate with the portion of Rural Buffer zoning on the property, permanently protecting that area as open space and undevelopable land. Chapter 5— Land Use Element, Section 5.6 Goals There are several land use goals in the adopted 2030 Comprehensive Plan of relevance to the proposed modifications including: Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Staff Comment: The existing mobile home park use is compatible with the rural residential character of the area. As a result, the proposed modifications shall allow the use to remain compatible with no discernible negative impacts to the immediate area. The applicant is proposing to relocate the open space such that it will better separate many of the adjacent properties from the subject properties, as well as limit access to the immediate access points to NC 86. Furthermore, this reallocation of open space will be within and along environmentally sensitive site features, namely the streams and stream buffers; and adjacent roads and streets, better satisfying current street buffer standards. The modifications introduce no new or expanded land use. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. Staff Comment: The proposed relocation of the 25 acres of open space prioritizes retaining open space along environmentally sensitive areas, particularly along streams and stream buffers; and is co-located with the properties' Rural Buffer zoning district. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. Staff Comment: Orange County staff has noticed the public regarding this application, as required by Section 2.7 of the LIDO, including a required Neighborhood Information Meeting, mailings to neighboring property owners, and posting of the property. Additionally, staff have provided all application documents on the Active Development Projects web a e, responded to public inquiries, and featured it in the Department's newsletter. 215 Consistency with Joint Planning Area (JPA) Land Use Plan A portion of the subject property is located within the Rural Buffer and Chapel Hill Joint Development Area of the JPA. As a result, the SUP application was provided to Chapel Hill Town staff for review and comment. Town staff courtesy review comments are available in Attachment 5. The JPA Land Use Plan identifies the subject parcel as "Rural Residential," which is defined as: Rural Residential Rural Residential designation is identical to the Rural Buffer category contained in the current Orange County Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain very low-density residential uses, agricultural uses exempt from zoning regulations, and low-intensity agricultural support uses; and not require urban services (water and sewer) during the Plan period. Staff Comment: The portion of the property that is within the Rural Buffer is proposed to be dedicated entirely as Open Space, which is consistent with the Rural Residential land use classification of the JPA. The applicant further proposes to place that Open Space element within a conservation easement. The conservation easement is not a proposed condition of this Special Use Permit modification, but it would align the Special Use Permit elements with rural preservation goals established by the JPA. Consistency with Central Orange Coordinated Area Land Use Plan A portion of the subject property is located within the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan (COCA). As a result, the SUP major modification application was provided to Hillsborough Town staff for review and comment. Town staff courtesy review comments are available in Attachment 5. The COCA identifies the subject parcel as "Mixed Residential Neighborhood," which is defined as: Mixed Residential Neighborhood The dominant land use in any proposed development is expected to be residential based on square footage of proposed structures. Developments may contain a single or variety of dwelling types and densities or may integrate a variety of supportive commercial, public and semi-public uses and open or public space. Small developments that provide only supportive non-residential land uses in an infill arrangement serving more than 50 dwelling units in a walkable manner may also be considered. Staff Comment: The proposed modifications retain the development's land use as a Mobile Home Park. As such, the subject property would remain as primarily residential in nature. The proposed modifications are in keeping with the above defined Mixed Residential Neighborhood land use designation. 216 3/7/2024 NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM) Modification of a Special Use Permit Dear Neighbors: We, Capkov Ventures Inc., have submitted a request for a major modification to a previously approved Special Use Permit (SUP) for property located south of Worth Street, west of Highway 86 South, north of East Scarlette Mountain Road, and east of I-40 in Hillsborough,North Carolina. The two parcel identification numbers associated with the modification are 9873410172 and 9872490872. The address for the two parcels is 114 Chandler Dale Street, Hillsborough,NC 27278. The Special Use Permit being modified is a Planned Development Housing R-I use category. Per Section 2.7 Special Use Permits of the Unified Development Ordinance, you are receiving this letter because the property you own is within 1,000 ft. of this parcel. The parcel is further described below: Property Information Parcel ID Numbers (PIN) 9873410172 and 9872490872 Owner Woodsedge Properties, LLC and Capkov Ventures Inc. Applicant Capkov Ventures Inc. Location Between Worth Street, East Scarlette Mountain Road, 1-40, and Hwy. 86 South in Hillsborough, NC Acreage 98 Zoning/Approved Special Use R-1 Planned Development Housing Watershed Designation Lower Eno Unprotected and Jorden Lake Unprotected Watersheds The requested modification does not change the use or operation of the existing Woodsedge Mobile Home Park. The request does not increase the number of mobile homes allowed under the original Special Use Permit. The proposed modification only changes two elements of the previous Special Use Permit 1. The requirement for unitary Ownership. 2. The location of the 25 acres Open Space allocated as part of the 1991 modification of the 1985 Special Use Permit. At the meeting, the Applicant will explain the proposed modifications to the existing Special Use Permit and provide maps showing the proposed reallocation of Open Space. The amount of open space will stay the same as was approved in the 1991 modification of the Special Use Permit for the Woodsedge Mobile Home Park and will provide an increase in the Open Space allocated immediately adjacent to East Scarlette Mountain Road. The meeting will give those neighbors within 1000 feet of the property subject to the existing SUP a chance to ask questions of the Applicant and provide your thoughts on the application. 217 Meeting Information Date Thursday March 215t, 2024 Time 6:30 Place New Heart Church of the Nazarene Address 3603 Highway 86 South, Hillsborough, NC 27278 Taylor Perschau, Current Planning and Zoning Manager Assigned Planner Email: tperschau(cDorangecountync.gov Phone: (919)245-2597 After the Neighborhood Information Meeting, this proposal will go on to the Orange County Board of Adjustment. The Board of Adjustment will then hold an evidentiary hearing to make a final decision on the application. You will also receive a letter regarding when the evidentiary hearing will take place and at what time. If you have any questions regarding this project, feel free to reach out to us, my contact information is listed below. Best Regards, Eric B. Chupp Contact Information: Eric B. Chupp Director of Development Capkov Ventures Inc. Cell Phone: (919) 260-7262 e-mail address: ericbchupp@bellsouth.net 218 Neighborhood Information Meeting Report Form REPORT OF INFORMATION MEETING REQUIRED BY THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE To: Taylor Perschau, Orange County Current Planning and Zoning Supervisor Project Name: Woodsedge/ Woods Mobile Home Park Special Use Permit Modification Approximate Location (or Address): Highway 86 South and Waterstone Drive. Access from Phoebe Drive. South of Waterstone Drive, East of 1-40, West of Highway 86 South. Proposed Number Lots: Recombination of Existing Two (2) lots. Residential (Y/N): Yes The undersigned hereby certifies that the required sign(s) was posted on the property proposed for project, on each road frontage of said project on (date) Orange County Planning Department Posted the signs on or before the required posting date. A photo of the sign posted is recommended to be attached to this form. The meeting was held at the following time and place: The New Heart Church of the Nazarene on Thursday March 21St, 2024, at 6:30 pm. The Church is located immediately adjacent to the site. The persons in attendance at the meeting: See attached Attendance sheet The following issues were discussed at the meeting (Attach additional sheet(s) if needed): A. The presenter on behalf of the applicant was Eric Chupp. Mr. Chupp introduced himself and the Development company Capkov Ventures Inc., as well as others that were attending the meeting on behalf of the applicant. He then explained to the small group of neighbors that the Modification of the Special Use Permit involved only two changes to the existing Special Use Permit for the Woodsedge Mobile Home Park. 1. The requirement of unitary ownership. 2. The distribution of the 25 acres of open space. He further explained that removing the requirement of unitary ownership would allow for the potential future development of the Property in a more logical way, while at the same time allowing for the redistribution of the open space which would provide more robust and permanent buffering. Mr. Chupp showed several slides that showed that the Modification was in accordance with several land use plans and the Town of Hillsborough's Utility Services Boundary Map for the area. The slides included the Town of Hillsborough/ Orange County Central Orange Coordinated Area Land Use Plan for Areas Within the Town's Urban Services Area. Mr. Chupp committed to dedicating the open space on the south side of the site into a conservation easement making the open space more permanent. According to the sign-up sheet and the applicant's recollection there were 8 people who attended the meeting and that included two husband and wife couples. Their concerns were related to the following issues. 1. Increased Traffic in the area was the primary concern raised by the neighbors. Specifically, those attendees that lived or worked adjacent to the property said that getting onto Highway 86 South was already a problem and new development would bring more traffic. We explained that an in depth Traffic Impact Analysis had been completed for this 219 area and before any development was approved, that the report would be reviewed and analyzed by the appropriate municipal planning department and the North Carolina Department of Transportation. 2. There were questions raised about how the sale of the property took place with unitary ownership as a requirement of the existing Special Use Permit. We explained that while we had a title search completed, we were never notified of any concerns related to the existing Special Use Permit. It was an oversite that we were not made aware of until recently. There were several inconsistencies surrounding the recordation of the Special Use Permit and the map showing the location of the open space. One of the inconsistencies was that Orange County had reviewed and signed off on both the recombination plat making the southern portion of the Woodsedge property saleable, and the deed recording the sale. 3. There were questions concerning whether the 100' buffer was from the centerline of East Scarlett Mountain Road. The applicant informed the attendees that the open space buffer alonq the southern border of the property was from the northernmost edge of the East Scarlett Mountain Road right-of-way, and not the centerline. 4. There were concerns raised about the sufficiency of the 100' proposed open space buffer. The applicant explained that the Unified Development Ordinance for Orange County did not currently require any buffers between residential uses. That the proposed 100' of dedicated open space was the minimum depth of the open space along East Scarlett Mountain Road, and that much of the southern border had a 10-acre parcel of open space buffering it. In addition, it was shown that all of the homes were over the length of a professional football field from any possible future development, and most of the homes were much further away. 5. There were concerns raised about future development potentially accessing East Scarlett Mountain Road from the north. The applicant informed them that if the open space were dedicated as a conservation easement, which the applicant was willing to do, no access to East Scarlett Mountain Road would be possible from the north. 6. A question was asked about a label showing parking along the southern border of the Property. The applicant conceded that the label was a mistake and that it would be removed. 7. There were questions about attending the public hearing, but the applicant did not address the issue, and the neighbors talked between each other about potentially speaking at the public hearing. As a result of the meeting, the following changes were made to the project proposal (Attach additional sheet(s) if needed): 1. Prior to the hearing it had been decided to increase the open space along the southern border of the property against East Scarlett Mountain Road to 100', and to dedicate the 10 acres at the southwest corner of the site into a conservation easement as permanent open space. 2. The southern strip of open space illustrated on an exhibit was modified to clearly indicate that the 100' proposed strip of open space was from the northern edge of the East Scarlett Mountain Road right-of-way and not the centerline. 220 3. The label indicating parking along the southern border along East Scarlett Mountain Road was removed. 4.The applicant committed to dedicating the open spaces in the southern portion of the property into a conservation easement as part of the modification. 5. The applicant will reach out to the neighbors with a request for additional communication in hopes of gaining their support for the proposed modification. Date: 4/16/202 Applicant: Capkov Ventures Inc. By: Eric Chupp Please submit this Report to the Orange County Planning Department located at 131 W. Margaret Ln or mail it to Taylor Perschau, at 131 W. Margaret Ln. Hillsborough NC, 27278. If you have any questions, please contact the assigned staff planner. 221 0 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Neighborhood Information Meeting Sign-In Sheet Project/Plan: Date & Time: Name Address Telephone Number Email Address � rLU�( l G� h� 7� r : U r (;r., ��uti Y Curt\ A J k,� r — t x ! t f ;r I i L i* IL IL k + ; y i t Tt - b& a �+ y + 4k M1 ` —& ' ti I R% IL •+�� �In4� pon "04 4 �� k r r r l kr tta s dF _&l r Rom+J _Mff� ■ 161 Po Bf =soup ammkow own A Qj ' mwpppr- .� � ua rr. r •S i � L • a �s i I agency M whhowt Or i S + 1 r k r I Indirs KV$T SE t am- L ' 5 al rr�+ � �� ytX �rif� ,err+ �"r I or �f - X 1 U vv— f - Pp- �• V -M i y r a S ,k. r �# Mom- r 311 IN I • _ rim . i L i � a J+LAhOV 4' Jtoa PO Box p .e a HA �+•r+ ; t -- r I R y,ypb k L J y f j� v f ' i M L 224 225 226 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS CI'IONS Cy Stober,AICP,Director I cstober@orangecountync.gov I ip W.Margaret Lane,Hillsborough,NC 27278I 91.9.245.2575 CERTIFICATION OF MAILING BOARD OF ADJUSTMENT EVIDENTIARY HEARING ORANGE COUNTY, NORTH CAROLINA I, Taylor Perschau, with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.7 of the Orange County Unified Development Ordinance (UDO) I have mailed, or caused to be mailed, via mail a Board of Adjustment Evidentiary Hearing Notice regarding a Special Use Permit application proposing to modify a previously approved Special Use Permit for The Woods and Woodsedge Planned Development. This notice informed those property owners within 1,000 of the subject property of the proposed Special Use Permit modification. The owners were identified according to the Tax Records and as required by the UDO. The mailed notice specified the date, time, place and subject of the Evidentiary Hearing meeting and provided information on the Special Use Permit review process. WITNESS my hand, this 24 day of April 2024. Taylor Perschau Current Planning and Zoning Manager Orange County Planning and Inspections Department 227 228 229 230 231 PLANNING and INSPECTIONS Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 W. Margaret Lane, Hillsborough, NC 27278 | 919.245.2575 Development Advisory Committee (DAC) Comments DAC review comments and recommendations do not constitute plan or permit approval for this application and/or replace any other plans and permits that may be required by other County departments and State agencies. Project: SUP24-0006 (Capkov Ventures) SUP Modification to Woodsedge MHP Location/PIN: 9873410172, 9872490872 Applicant: Capkov Ventures, Inc – Eric Chupp, Director of Development Staff Planner: Taylor Perschau DAC Meeting Date: 3/7/2024 Addressing and Land Records Date: 3/5/24 Staff: Britney Pendleton brpendleton@orangecountync.gov 919-245-2576 1. No comments from Addressing team. Attorney’s Office Date: Staff: James Bryan jbryan@orangecountync.gov 919-245-2319 1. No comments received. Building Inspections Date: 2/27/2024 Staff: Michael Rettie mrettie@orangecountync.gov 919-245-2604 1. Any construction regulated by the NC building codes will require permitting. DEAPR Date: Staff: Chris Hirni chirni@orangecountync.gov 919-245-2514 1. None comments received. Environmental Health Date: 3/05/2024 Staff: Victoria Hudson vhudson@orangecountync.gov 919-245-2365 1. No comments required from EH. Erosion Control Date: 3/1/24 Staff: Nate Jacobsen njacobsen@orangecountync.gov 919-245-2580 1. A Land Disturbing Permit will be required if the proposed disturbance exceeds 20,000 sq ft. 2. There is a “blue-line” stream on the southern side of the existing developed parcel (9873410172) that will need to be considered for extension of development to the southern parcel. 232 Fire and Life Safety Date: Staff: Elizabeth Farnan efarnan@orangecountync.gov 919-245-6153 1. No comments received. NCDOT Date: 2/27/2024 Staff: Chuck Edwards cnedwards@ncdot.gov 336-570-6833 • The submittal was not accessible. NCDOT has previously provided comments to the Town of Hillsborough for a development of a similar name as listed below. Waterstone South (Capkov): • NCDOT has previously reviewed the submitted TIA and provided the attached correspondence • The Applicant will need to obtain the necessary driveway permits and encroachment agreements prior to performing work in the NCDOT R/W • Prior to issuance of permits and encroachments, the Applicant will need to submit complete plans per NCDOT and Town requirements for review and approval. Planning Date: 3/5/2024 Staff: Taylor Perschau tperschau@orangecountync.gov 919-245-2597 1. Application meets the submittal requirements for a major modification to an approved Special Use Permit and is currently on track for a May 8 BOA evidentiary hearing. NIM must be held no later than March 24 in order to maintain that review schedule. 2. I recommend the narrative be revised to explicitly say that the requested modification to “the requirement for unitary ownership” is that this condition be removed from the permit. “The requirement for unitary ownership” is referenced as an element being requested for modification, but I don’t find that it’s explicitly detailed as a request that the condition be removed entirely. It is clear that the requested modification for the Open Space is the request that the Open Space be relocated as detailed in the site plan. 3. Understanding that this request is being made in connection with a pending application with the Town of Hillsborough, please ensure all materials submitted for review by the Orange County Board of Adjustment clearly outline what Orange County has authority to review. In this case that includes: a. Proposal to remove original SUP requirement for unitary ownership and; b. Proposal to relocate the 25 acres of allocated Open Space. 4. Staff recommends maintaining focus on Orange County adopted plans, which includes Central Orange Coordinated Area Land Use Plan (COCA) and Orange County 2030 Comprehensive Plan. Orange County staff and Orange County Board of Adjustment are both tasked to provide review comments and review decision based strictly on Orange County adopted plans and ordinances. As such, staff review will reference the Future Land Use categories designated in the two above referenced plans. 5. Town of Hillsborough reference maps (except for those related to the COCA) are not immediately relevant to review comments that Orange County staff or Board of Adjustment can provide. Orange County staff will be clearly communicating to the Board of Adjustment the parameters within which the BOA is tasked to make their review decision. Staff review and BOA decision are to consider the application based on UDO Section 5.3.2 and to apply those standards strictly to the two proposed SUP modifications. 6. Question for applicant/Land Records confirmation: is it “ E. Scarlette Mountain Road” or “E. Scarlett Mountain Road?” Whichever is correct should be consistent across all application materials. 233 Solid Waste Date: Staff: Matt Taylor mtaylor@orangecountync.gov 919-918-4905 1. No comments received. Stormwater Management Date: 3/1/24 Staff: Nate Jacobsen njacobsen@orangecountync.gov 919-245-2580 1. A Stormwater Management Plan will be required if the proposed disturbance exceeds 21,780 sq ft. Transportation Services Date: 3/4/24 Staff: Darlene Weaver dweaver@orangecountync.gov 919-245-2002 1. No comment. 234 TOWN OF CHAPEL HILL Planning Department 405 Martin Luther King Jr. Blvd. Chapel Hill, NC 27514-5705 phone (919) 968-2728 email planning@townofchapelhill.org www.townofchapelhill.org SUP MODIFICATION COURTESY REVIEW COMMENT LETTER Date: April 8, 2024 Jurisdiction: Orange County Applicant Name: Capkov Ventures Inc Location: 114 Chandler Dale St, Hillsborough, NC Project Number: SUP24-0006 Thank you providing Town of Chapel Hill staff the opportunity to review this application. T he following comments were generated from our review of the submitted plans and documents. The Town recognizes that a response to comments is not necessary for this courtesy review. Planning Comments 1. We note that the site is a good distance from Chapel Hill’s jurisdiction. 2. We note that the small portion of this site within the Rural Buffer, and our joint review area, is entirely proposed as their relocated open space. We therefore have no concern about development impact in the Rural Buffer. We find it to be excellent way to align the site layout with our long-range planning interests. 3. The area for new development does not seem to have a means of access except through the proposed dedicated open space. If a drive needs to come off of E Scarlett Mountain Rd, and/or from the existing mobile home park to the north, we wondered if the locati on(s) should not be counted as open space. We weren’t sure what County standards were and whether you would normally count a road/drive towards open space area. 4. Town Transportation staff have heard that GoTriangle will be moving their 420 route from NC 86 onto I-40. When that happens, the site won’t have access to GoTriangle service, only Orange County service. That doesn’t create a concern for us. But to the extent that transit access is part of the conversation, we wanted to make sure stakeholders are aware of that service change. If you have any comments or questions, please contact me at cliles@townofchapelhill.org or (919) 969-5008. Sincerely, Corey Liles Planning Manager 235 236 237 MEMORANDUM TO: Cy Stober, AICP – Director, Planning & Inspections Department FROM: CC: Christopher Sandt, PE – County Engineer, Planning & Inspections; and Steve Kaltenbach, Erosion Control and Stormwater Manager CC: Patrick Mallett, Deputy Director Development Services DATE: April 10, 2024 CASE: SUP24-0006 PINs: 9872-49-0872 and 9873-41-0172 WATERSHED: Jordan Lake Unprotected (Cape Fear River Basin) and Lower Eno Unprotected (Neuse River Basin) PROJECT: Capkov Ventures, Inc. - Major Modification to Existing SUP SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion & Sedimentation Control and Stormwater Management This memo summarizes the Development Services Erosion Control and Stormwater Management Division’s (hereafter, the “Division’s) assessment of the submitted application for a Special Use Permit (SUP), submitted as the “Capkov Ventures, Inc.” project (hereafter, the “project”). The project is located within approximately 101.1 acres of property located between I-40 and NC 86 South off of Phoebe Drive in Chapel Hill, North Carolina. The request proposes development consisting of: ▪ Redistribution of 25 acres of open space The Staff comments contained herein are based upon a required Special Use Permit Application package dated February 16, 2024. These findings should not be interpreted as the Division’s final analysis/approval of the proposed development. Upon zoning approval, the proposed development would be required to submit a Land Disturbing Permit (LDP), if LDP thresholds are triggered, which would formally review and approve development activity consistent with the Special Use Permit. 238 Erosion & Sedimentation Control (E&SC): No E&SC related materials were submitted with this Special Use Permit application. According to current Orange County GIS imagery of the project parcel, there are mapped stream features within the project parcel boundaries. Orange County enforces stream buffers along streams, rivers, water bodies, and other water features (e.g., wetlands) as outlined in Section 6.13 of the Orange County UDO. Based on the submitted materials for the proposed development, the project could meet the basic Erosion and Sedimentation Control requirements as required by Orange County UDO Section 6.15 and could be developed as generally proposed. Stormwater Management: No stormwater management related materials were submitted with the Special Use Permit application. The submitted materials indicate a level of development that could meet current UDO requirements specific to stormwater management. The project will need to meet applicable stormwater management requirements as outlined in Section 6.14 of the Orange County UDO and must be in general conformance with the North Carolina Stormwater Design Manual (i.e., Minimum Design Criteria). Conclusion: The Division has No Objections to the approval of the SUP request so long as a complete LDP application and supporting plans and calculations are submitted to Orange County for review and approval prior to commencement of on-site Land-Disturbing Activity, if thresholds were to be reached or exceeded with the proposed development . As the project progresses, additional field observations, and/or permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with this SUP request. ___________________________ _______________ Christopher Sandt, PE Date 4/11/2024 _________________________ _______________ Steve Kaltenbach Date 239 510 Meadowlands Drive    Hillsborough, NC 27278    (919) 245‐6100 Main Office   www.orangecountync.gov/oces    Fire & Life Safety Division TO: Cy Stober, AICP – Director, Planning & Inspections FROM: Elizabeth Farnan – Division Chief of Fire & Life Safety, Emergency Services CC: Taylor Perschau – Current Planning & Zoning MGR, Planning & Inspections Date: April 26, 2024 CASE: SUP24-0006 (The Woods and Woods Edge Mobile Home Parks) PIN: 9873410172 PROJECT: Special Use Permit Major Modification SUBJECT: Site Plan Review Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Emergency Apparatus Access, Addressing, and Water Availability for Required Fire Flow ____________________________________________________________________________ This memo is to show that the Fire & Life Safety Division has NO OBJECTIONS to the approval of the SUP Major Modification request. April 26, 2024 Elizabeth Farnan, FM Date 240 TO: DEVELOPMENT ADVISORY COMMITTEE FROM: MATT TAYLOR, ORANGE COUNTY SOLID WASTE MANAGEMENT SUBJECT: COMMENTS FOR SUP24-0006 DATE: APRIL 26, 2024 Orange County Solid Waste has no comments for SUP24-0006. 241 April 22, 2024 Pamela B. Cashwell Secretary Roy Cooper Governor Dear Taylor Perschau: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made in the review of this document. The appropriate document should be forwarded to the State Clearinghouse for compliance with State Environmental Policy Act. If you have any questions, please do not hesitate to contact me at (984) 236-0000. Sincerely, KADISHA MOLYNEAUX State Environmental Review Clearinghouse Re: SCH File # 24-E-3700-0240 Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC. The proposal consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acr Taylor Perschau Capkov Ventures, Inc c/o Orange County Planning & Inspections 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278- Attachments Mailing 1301 Mail Service Center | Raleigh, NC 27699-1301 ncadmin.nc.gov Location 116 West Jones St. | Raleigh NC 27603 984-236-0000 T 242 To: Kadisha Molyneaux State Clearinghouse NC Department of Administration From: Lyn Biles Re: Division of Environmental Assistance and Customer Service Washington Regional Office 24-0240 Scoping - Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC, which will consists of two consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acres of Open Space from what was previously detailed in the 1991 modification of the 1985 Special Use Permit. Orange County Date: April 12, 2024 The Department of Environmental Quality has reviewed the proposal for the referenced project. Based on the information provided, several of our agencies have identified permits that may be required and offered some valuable guidance and recommendations. The comments are attached for the applicants review. The Department will continue to be available to assist the applicant with any questions or concerns. Thank you for the opportunity to respond. Attachments 243 North Carolina Wildlife Resources Commission Ingram Cameron, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 MEMORANDUM TO: Lyn Biles, Environmental Assistance and SEPA Coordinator NCDENR Division of Environmental Assistance and Customer Services FROM: Olivia Munzer, Western Piedmont Coordinator Habitat Conservation DATE: 11 April 2024 SUBJECT: Scoping for the Woods and Woodsedge Planned Development in Hillsborough, Orange County, North Carolina. DEQ No. 24-0240. Biologists with the North Carolina Wildlife Resource Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Capkov Ventures, Inc. (applicant) is requesting to modify the Special Use Permit for The Woods and Woodsedge Mobile Home Park located south of Watestone Drive and east of Interstate 40 in Hillsborough, Orange County, North Carolina. The applicant proposes to use the 50 acres south of the mobile home park for future homes and neighborhood-oriented businesses and they propose to redistribute the open space to the edges and along streams. Unnamed tributaries to Stony Creek flow through the site. Stony Creek is in the Neuse River Basin, and it is classified as a Class C and Nutrient Sensitive Water by the NC Division of Water Resources. We have no known records of state or federal rare, threatened, or endangered species; however, the lack of records from the site does not imply or confirm the absence of federal or state-listed species. An on-site survey is the only means to determine if the proposed project may impact federal or state rare, threatened, or endangered species. We have known records for the state endangered and federal proposed endangered tricolored bat (Perimyotis subflavus) in Orange County and potentially suitable habitat may occur on the site. We recommend contacting the U.S. Fish and Wildlife Service to ensure that any issues related to this species are addressed. We offer the following recommendations to further minimize impacts to aquatic and terrestrial wildlife resources: 1. The several hundred feet of 100-foot buffer/open space along E. Scarlett Mountain Road provides minimal benefit to wildlife. Similarly, the isolated open space under the powerline will be maintained by Duke Energy; therefore, it should not be considered as open space. Instead, we 244 11 April 2024 Page 2 NCWRC Comments The Woods and Woodsedge Project Orange County recommend increasing the buffer around the two streams to 100 feet on both sides of the streams. The open space should be undisturbed, forested areas that are clearly marked during construction. We appreciate that these open areas will be preserved as permanent conservation easements. 2. The project footprint should be surveyed for wetlands and streams to ensure there is no impact to surface waters. In addition to providing wildlife habitat, wetland areas and streams aid in flood control and water quality protection. U.S. Army Corps of Engineers Section 404 Permits and NCDWR Section 401 Certifications are required for any impacts to jurisdictional streams or wetlands. 3. We recommend minimize clearing of living, dying, or dead mature trees, particularly if they are hardwoods, and avoid tree clearing activities during the activity period for tricolored bats (April 1 – November 14). 4. Incorporate the following elements into erosion and sediment control plans: minimize clearing and grading, protect waterways, phase construction for larger construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a certified contractors program, and regularly inspect erosion control measures. 5. We recommend using native plants for seeding disturbed areas. Avoid using non-native and/or invasive species such as Bermudagrass, redtop, fescue, and lespedeza. Alternatively, use grains, such as oats, wheat, or rye for temporary cover and native seed mixes for permeant seeding. A list of alternatives to non-native species has been attached. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary as well as planting native trees and shrubs in landscaping. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (http://www.ncwildflower.org/plant_galleries/invasives_list), such as nadina, privet, barberry, or Japanese holly. 6. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. LID techniques include permeable pavement and bioretention areas that can collect stormwater from driveways and parking areas. Additional alternatives include narrower roads, swales versus curbs/gutters and permeable surfaces such as turf stone, brick, and cobblestone. Compared to conventional developments, implementing appropriate LID techniques can be more cost-effective, increase property values, provide space-saving advantages, reduce runoff, and protect water quality (Roseen et al. 2011). Also, additional information on LID can be found at the NC State University LID guide: LID_Guidebook. NCWRC’s Green Growth Toolbox provides information on nature-friendly planning (Green Growth Toolbox). 7. We recommend using green construction techniques to improve water, waste, and energy efficiency, such as environmental-friendly building techniques, construction waste management, energy efficient building materials, and rain gardens. 8. Consider using wildlife friendly outdoor lighting since light pollution can impact the circadian rhythms of animals, disrupt behavior, cause injury, or death. Lights should only be on when needed; use lights only where necessary; lights should have wavelength greater than 560 nm emissions (i.e., narrow-spectrum LEDs or low-pressure sodium); mount the fixture as low as possible; use the lowest wattage necessary; and lights should be fully shielded. 9. Erosion control matting made of plastic mesh or twine should not be used within the project area because it can injure or kill wildlife. 245 RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN NORTH CAROLINA** (Species are appropriate for all geographic regions unless otherwise indicated) NON-NATIVE SPECIES NATIVE SPECIES Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Crownvetch Switchgrass Panicum virgatum Centipede Beaked panicgrass Panicum anceps Bermuda Purpletop Tridens flavus Roundheaded bushclover Lespedeza capitata Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista fasciculata Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Switchgrass Panicum virgatum Kentucky bluegrass Beaked panicgrass Panicum anceps Tall fescue Purpletop Tridens flavus Sudangrass Broomsedge Andropogon virginicus Deer tongue Dicanthelium clandestinum Canadian wildrye Elymus canadensis Virginia wildrye Elymus virginicus Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista fasciculata Switchgrass Panicum virgatum Splitbeard bluestem Andropogon ternarius Sericea lespedeza Beggarlice Desmodium spp. Kobe lespedeza Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista fasciculata 246 **A recommended revegetation/stabilization mix would ideally include a combination of the species listed in this table. In addition, please note that additional consideration may be needed in areas that are (highly) erodible and/or have sloped terrain. The following species could be included in all regions for additional stabilization and wildlife benefit: Black-eyed susan: Rudbeckia hirta Plains coreopsis: Coreopsis tinctoria Lance-leaved coreopsis: Coreopsis lanceolata Narrow-leaved sunflower: Helianthus angustifolius Created October 2018 247 Reviewing Regional Office: Raleigh Project Number: 24-0240 Due Date: 4/3/2024 County: Orange After review of this project, it has been determined that the DEQ permit(s) and/or approvals indicated may need to be obtained for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. All applications, information and guidelines relative to these plans and permits are availab le from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory time limit) Permit to construct & operate wastewater treatment facilities, non-standard sewer system extensions & sewer systems that do not discharge into state surface waters. Application 90 days before begins construction or award of construction contracts. On-site inspection may be required. Post- application technical conference usual. 30 days (90 days) Permit to construct & operate, sewer extensions involving gravity sewers, pump stations and force mains discharging into a sewer collection system Fast-Track Permitting program consists of the submittal of an application and an engineer's certification that the project meets all applicable State rules and Division Minimum Design Criteria. 30 days (N/A) NPDES - permit to discharge into surface water and/or permit to operate and construct wastewater facilities discharging into state surface waters. Application 180 days before begins activity. On-site inspection. Pre- application conference usual. Additionally, obtain permit to construct wastewater treatment facility granted after NPDES. Reply time, 30 days after receipt of plans or issue of NPDES permit-whichever is later. 90-120 days (N/A) Water Use Permit Pre-application technical conference usually necessary. 30 days (N/A) Well Construction Permit Complete application must be received, and permit issued prior to the installation of a groundwater monitoring well located on property not owned by the applicant, and for a large capacity (>100,000 gallons per day) water supply well. 7 days (15 days) Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. On-site inspection. Pre-application conference usual. Filling may require Easement to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit. 55 days (90 days) Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC (2Q.O100 thru 2Q.0300) Application must be submitted, and permit received prior to construction and operation of the source. If a permit is required in an area without local zoning, then there are additional requirements and timelines (2Q.0113). 90 days Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 N/A 60 days (90 days) Demolition or renovations of structures containing asbestos material must be in compliance with 15 A NCAC 20.1110 (a) (1) which requires notification and removal prior to demolition. Contact Asbestos Control Group 919-707-5950 Please Note - The Health Hazards Control Unit (HHCU) of the N.C. Department of Health and Human Services, must be notified of plans to demolish a building, including residences for commercial or industrial expansion, even if no asbestos is present in the b uilding. 60 days (90 days) The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres are to be disturbed. Plan must be filed with and approved by applicable Regional Office (Land Quality Section) at least 30 days before beginning activity. A NPDES Construction Stormwater permit (NCG010000) is also usually issued should design features meet minimum requirements. A fee of $100 for the first acre or any part of an acre. An express review option is available with additional fees. 20 days (30 days) Sedimentation and erosion control must be addressed in accordance with NCDOT’s approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. (30 days) Sedimentation and erosion control must be addressed in accordance with Local Government’s approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable Stormwater conveyances and outlets. Based on Local Program Compliance with 15A NCAC 04B .0125 – Buffers Zones for Trout Waters shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater. Compliance with 15A NCAC 2H .0126 - NPDES Stormwater Program which regulates three types of activities: Industrial, Municipal Separate Storm Sewer System & Construction activities that disturb ≥1 acre. 30-60 days (90 days) Compliance with 15A NCAC 2H 1000 -State Stormwater Permitting Programs regulate site development and post- construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties, and various other counties and watersheds throughout the state. 45 days (90 days) 248 Reviewing Regional Office: Raleigh Project Number: 24-0240 Due Date: 4/3/2024 County: Orange PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory time limit) Mining Permit On-site inspection usual. Surety bond filed with DEQ Bond amount varies with type mine and number of acres of affected land. Affected area greater than one acre must be permitted. The appropriate bond must be received before the permit can be issued. 30 days (60 days) Dam Safety Permit If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to prepare plans, inspect construction, and certify construction is according to DEQ approved plans. May also require a permit under mosquito control program. And a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage, or the total project cost will be required upon completion. 30 days (60 days) Oil Refining Facilities N/A 90-120 days (N/A) Permit to drill exploratory oil or gas well File surety bond of $5,000 with DEQ running to State of NC conditional that any well opened by drill operator shall, upon abandonment, be plugged according to DEQ rules and regulations. 10 days N/A Geophysical Exploration Permit Application filed with DEQ at least 10 days prior to issue of permit. Application by letter. No standard application forms. 10 days N/A State Lakes Construction Permit Application fee based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property 15-20 days N/A 401 Water Quality Certification Compliance with the T15A 02H .0500 Certifications are required whenever construction or operation of facilities will result in a discharge into navigable water as described in 33 CFR part 323. 60 days (130 days) Compliance with Catawba, Goose Creek, Jordan Lake, Randleman, Tar Pamlico or Neuse Riparian Buffer Rules is required. Buffer requirements: http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-riparian- buffer-protection-program Nutrient Offset: Loading requirements for nitrogen and phosphorus in the Neuse and Tar -Pamlico River basins, and in the Jordan and Falls Lake watersheds, as part of the nutrient-management strategies in these areas. DWR nutrient offset information: http://deq.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information CAMA Permit for MAJOR development $250.00 - $475.00 fee must accompany application 75 days (150 days) CAMA Permit for MINOR development $100.00 fee must accompany application 22 days (25 days) Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100. Notification of the proper regional office is requested if "orphan" underground storage tanks (USTS) are discovered during an y excavation operation. Plans and specifications for the construction, expansion, or alteration of a public water system must be approved by the Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction as per 15A NCAC 18C .0300 et. seq., Plans and specifications should be submitted to 1634 Mail Service Center, Raleigh, North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring requirements. For more information, contact the Public Water Supply Section, (919) 707-9100. 30 days If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center, Raleigh, North Carolina 27699 - 1634. For more information, contact the Public Water Supply Section, (919) 707 -9100. 30 days Plans and specifications for the construction, expansion, or alteration of the water system must be approved through the delegated plan approval authority. Please contact them at for further information. 249 Reviewing Regional Office: Raleigh Project Number: 24-0240 Due Date: 4/3/2024 County: Orange Other Comments (attach additional pages as necessary, being certain to comment authority) Division Initials No comment Comments Date Review DAQ SH See checked boxes above. 3/11/2024 DWR-WQROS (Aquifer & Surface) KM & See checked boxes above. Two mapped features are depicted on site and may be subject to the riparian buffer rules. Any impacts to the riparian buffer will need a buffer determination and auhtorization. Local and State buffer programs should be checked for applicability. If any impacts to surface water are anticipated , 401/404 approval may be required. & 3/26/2024 DWR-PWS TP See checked boxes above. 3/22/2024 DEMLR (LQ & SW) CA See checked boxes abov., 4/2/2024 DWM – UST MRP 4/1/2024 Other Comments / / REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778-8211 Phone: 828-296-4500 Fax: 828-299-7043 Fayetteville Regional Office 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: 910-433-3300 Fax: 910-486-0707 Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: 704-663-1699 Fax: 704-663-6040 Raleigh Regional Office 3800 Barrett Drive, Raleigh, NC 27609 Phone: 919-791-4200 Fax: 919-571-4718 Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 Fax: 252-975-3716 Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 Fax: 910-350-2004 Winston-Salem Regional Office 450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 Phone: 336-776-9800 Fax: 336-776-9797 250 DATE: March 19, 2024 TO: Michael Scott, Division Director through Sharon Brinkley FROM: Lee Hill, Environmental Senior Specialist - Solid Waste Section Field Operations Branch RE: SEPA Project 24-0240 Proposed Major Modification to an Approved Special Use Permit, Orange County The Solid Waste Section has reviewed the scoping document submitted by Capkov Ventures for the proposed Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development located at 114 Chandler Dale St, Hillsborough, Orange County. The review has been completed and has found no adverse impact on the surrounding community and likewise knows of no situations in the community, which would affect this project from a solid waste perspective. During the project, every feasible effort should be made to minimize the generation of waste, to recycle materials for which viable markets exist, and to use recycled products and materials in the development of this project where suitable. Any waste generated by this project that cannot be beneficially reused or recycled must be disposed of at a solid waste management facility approved to manage the respective waste type. The Section strongly recommends that any contractors are required to provide proof of proper disposal for all waste generated as part of the project. A list of permitted solid waste management facilities is available on the Solid Waste Section portal site at: https://deq.nc.gov/about/divisions/waste-management/solid-waste-section/solid-waste-permitted- facility-information-and-guidance/solid-waste-facility-lists Please contact Chuck Kirchner, Environmental Senior Specialist, for any questions regarding solid waste management for this project. Mr. Kirchner can be reached at (336) 776-9633 or by email at chuck.kirchner@deq.nc.gov. Ec: Jason Watkins, Field Operations Branch Head Chuck Kirchner, Environmental Senior Specialist 251 Date: March 13, 2024 To: Michael Scott, Director Division of Waste Management Through: Janet Macdonald Inactive Hazardous Sites Branch From: Katie C Tatum Inactive Hazardous Sites Branch Subject: SEPA Project # 24-0240 Capkov Ventures, Orange County, North Carolina The Superfund Section has reviewed the proximity of sites under its jurisdiction to the Capkov Ventures project. Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC, which will consists of two consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acres of Open Space from what was previously detailed in the 1991 modification of the 1985 Special Use Permit. Location: 114 Chandler Dale Street (Parcel ID 9873410172), address not listed for Parcel 9872490872 No (0) Superfund Section sites and no (0) Brownfields Program Sites were identified within one mile of the project as shown on the attached report . Please contact Janet Macdonald at 919.707.8349 if you have any questions concerning the Superfund Section review portion of this SEPA/NEPA inquiry. 252 Superfund & Brownfield Sites SEPA/NEPA Review Report Area of Interest (AOI) Information Orange County SEPA project 24-0240 Area : 3,192.08 acres Mar 13 2024 8:45:57 Eastern Daylight Time 253 Superfund and Brownfield Sites Orange County SEPA project 24-0240 Summary Name Count Area(acres)Length(mi) Certified DSCA Sites 0 N/A N/A Federal Remediation Branch Sites 0 N/A N/A Inactive Hazardous Sites 0 N/A N/A Pre-Regulatory Landfill Sites 0 N/A N/A Brownfields Program Sites 0 N/A N/A 254 Project Number: 24-0240 Date Received: 3-6-2024 Department of Environmental Quality Project Review Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other (specify or attach comments) Regional Office Regional Office Area In-House Review This Project is being reviewed as indicated below: Air Quality Waste Mgmt Water Resources Mgmt (Public Water, Planning & Water Quality Program) DWR-Transportation Unit Air DWR DWR - Public Water DEMLR (LQ & SW) DWM Coastal Management Marine Fisheries CC & PS Div. of Emergency Mgmt DMF-Shellfish Sanitation Wildlife Olivia Wildlife/DOT County: Orange Due Date: 4-3-2024 Project Description: Scoping - Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC, which will consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acres of Open Space from what was previously detailed in the 1991 modification of the 1985 Special Use Permit. Location: 114 Chandler Dale Street (Parcel ID 9873410172), address not listed for Parcel 9872490872 Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston Salem 4-1-24 Melodi Deaver, DWM Hazardous Waste X 255 Project Number: 24-0240 Date Received: 3-6-2024 Department of Environmental Quality Project Review Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other (specify or attach comments) Regional Office Regional Office Area In-House Review This Project is being reviewed as indicated below: Air Quality Waste Mgmt Water Resources Mgmt (Public Water, Planning & Water Quality Program) DWR-Transportation Unit Air DWR DWR - Public Water DEMLR (LQ & SW) DWM Coastal Management Marine Fisheries CC & PS Div. of Emergency Mgmt DMF-Shellfish Sanitation Wildlife Olivia Wildlife/DOT County: Orange Due Date: 4-3-2024 Project Description: Scoping - Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC, which will consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acres of Open Space from what was previously detailed in the 1991 modification of the 1985 Special Use Permit. Location: 114 Chandler Dale Street (Parcel ID 9873410172), address not listed for Parcel 9872490872 Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston Salem 3/15/2024 DWR/WRM David Wainwright X 256 March 14, 2024 MEMORANDUM TO: Kadisha Molyneaux kadisha.molyneaux@doa.nc.gov North Carolina State Clearinghouse Department of Administration FROM: Ramona M. Bartos, Deputy State Historic Preservation Officer SUBJECT: Modify special use permit for The Woods and Woodsedege Planned Development, Chandler Dale Street, Hillsborough, Orange County, 24-E-3700-0240, GS 24-0703 Thank you for your email of March 6, 2024, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. These comments are made in accord with G.S. 121-12(a) and Executive Order XVI. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or environmental.review@dncr.nc.gov. In all future communication concerning this project, please cite the above referenced tracking number. 257 Control No.: 24-E-3700-0240 Date Received: 3/6/2024 Agency Response: 4/5/2024County.: ORANGE Review Closed: 4/5/2024 JINTAO WEN CLEARINGHOUSE COORDINATOR DPS - DIV OF EMERGENCY MANAGEMENT Project Information Type: Applicant: Project Desc.:Proposed project is for a Major Modification to an approved Special Use Permit (SUP) for The Woods and Woodsedge Planned Development in Hillsborough, NC. The proposal consists of two modifications to the approved SUP - removal of the requirement for unitary ownership and the relocation of the 25 acres of Open Space from what was previously detailed in the 1991 modification of the 1985 Special Use Permit. Location: 114 Chandler Dale Street (Parcel ID 9873410172), address not listed for Parcel 9872490872 As a result of this review the following is submitted: No Comment Comments Below Documents Attached Reviewed By: JINTAO WEN Date: 3/25/2024 State Environmental Policy Act ping Capkov Ventures, Inc 258 STANDARDS EXAMINED AND EVIDENCE RECEIVED BY THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY CAPKOV VENTURES, INC. PROPOSING A MAJOR MODIFICATION TO EXISTING SPECIAL USE PERMITS ON PARCELS 9873-41-0172 AND 9872-49-0872 FOR WOODSEDGE AND THE WOODS MOBILE HOME PARK As required under Section 2.7.14 Modifications to Approved Plans of the Orange County Unified Development Ordinance (UDO), an amended site plan and written narrative is required for a major modification to an approved Special Use Permit. Such modifications shall comply with general and specific standards as set forth in Section(s) 5.3.2 and any use specific standards of the UDO. Section 5.3.2(A)(2) of the UDO requires written findings certifying compliance with the following: (1) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (2) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (3) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. In addition, the Board shall make findings certifying that the application is complaint with the following specific standards: (1) Specific standards for the submission of major modification to an approved Special Use Permit as outlined within Section(s) 2.2 and 2.7.14 of the UDO. (2) Section 5.3.2(B) relating to the method and adequacy of the provision of: a.Sewage disposal facilities, solid waste, and water; b.Police, fire, and rescue squad protection; c.Vehicular access to the site and traffic conditions around the site; d.Other use specific standards as set forth within the UDO. (3) The general findings outlined within Section 5.3.2(A) (2). Listed below are the findings of the Orange Planning staff regarding the application in question. The findings have been presented by Article and requirement to assist the Board of Adjustment in its deliberations. 259Attachment 6a REQUIREMENT UDO SUPPORTING EVIDENCE FOF Per Att 6 (b) Submittal Requirements for all SUP Applications Proper forms 2.2 Staff Testimony Application (Attachment 1) 1 Fees paid 2.2.4(D) Application (Attachment 1) [Fees paid at time of submittal. Copy of check provided.] 1 Submittal Requirements • An amended site plan 2.7.14(E)(1) Application (Attachment 1) [Exhibit C-4 – Site Plan Sheet E1.3 Proposed Open Space with requested modification to the existing SUP] 3, 4 • Written narrative outlining the specific changes requested 2.7.14(E)(1) Application (Attachment 1) 1 Common Open Space Standards Planning for open space shall always prominently meet at least one of the three following goals: a) the maintenance of wildlife corridors and/or habitat; b) the preservation of rural character; c) the creation or protection of space for outdoor recreation 2.7.3(B)(4) 10 Copies of Site Plan Submitted 1 REQUIREMENT UDO SUPPORTING EVIDENCE FOF Notification Requirements for all Evidentiary Hearings Mailed Notice all adjacent property owners (at least 10 days but no more than 25 days prior) 2.7.6(A)(2) NIM and BOA Materials (Attachments 3 & 4) NIM notices mailed by applicant March 7, 2024 prior to March 21 NIM. 5, 6 260 BOA Public Hearing Notices mailed by staff on April 24, 2024. Certification available in Attachment 4. Sign Posting on Property (at least 10 days prior) 2.7.6(A)(2) NIM and BOA Materials (Attachments 3 & 4) NIM signs posted by staff on March 6, 2024 prior to March 17 NIM. Photo documentation available in Attachment 4. BOA signs posted by staff on April 25, 2024. Certification and photo documentation available in Attachment 4. 7 REQUIREMENT UDO SUPPORTING EVIDENCE FOF Waste, Safety and Access Requirements for all SUPs Waste Disposal Method and adequacy of provision for sewage disposal facilities, solid waste and water service. 5.3.2(B)(1) Exhibit B – Narrative of Proposed Modifications (Attachment 1) [Both Environmental Health and Solid Waste have indicated they have no concerns with the proposed modifications as there is no proposed change to the land use, simply the ownership and open space location.] 8 Safety Method and adequacy of police, fire and rescue squad protection. 5.3.2(B)(2) Exhibit C-1 – Site Plan of the Application (Attachment 1) [Fire Marshal has indicated that they have no concerns. Memo available in Project Correspondence and DAC Comments (Attachment 5).] 9 Vehicle Access Method and adequacy of vehicle access to the site and traffic conditions around the site. 5.3.2(B)(3) Exhibit C-1 – Site Plan of the Application (Attachment 1) [There is no proposed change to the site access. No additional NCDOT driveway permits are required as a result of the proposed SUP modification.] 10 261 REQUIREMENT UDO SUPPORTING EVIDENCE FOF General Welfare, Value & Harmony Standards The use (will / will not) maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. Section 5.3.2 (A)(2)(a) Application package as contained in Attachment 1 including, but not limited to: • Narrative; • Amended Site Plan The proposed modifications request no change to the established land use as a mobile home park. Project Correspondence and DAC Comments, (Attachment 5) 1, 12, 13, 14 The use (will / will not) maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property). Section 5.3.2 (A)(2)(b) Application package (Attachment 1); Staff Report (Attachment 2); Project Correspondence and DAC Comments (Attachment 5) The proposed modifications request no change to the established land use as a mobile home park. Evidence submitted by applicant 12 The location and character of the use, if developed according to the plan submitted, (will / will not) be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Section 5.3.2 (A)(2)(c) Application package as contained in Attachment 1 inclusive including, but not limited to: • Narrative detailing proposed modification; • Amended Site Plan; Staff Report (Attachment 2) Project Correspondence and DAC Comments (Attachment 5). 13, 14 262 FINDINGS OF FACT BY THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY CAPKOV VENTURES, INC. PROPOSING A MAJOR MODIFICATION TO EXISTING SPECIAL USE PERMITS ON PARCELS 9873-41-0172 AND 9872-49-0872 FOR WOODSEDGE AND THE WOODS MOBILE HOME PARK Based upon the competent, material and substantial evidence received at the evidentiary hearing, the Board of Adjustments gave each piece of evidence its due weight and makes the following Findings of Fact: Application Components 1.Capkov Ventures, Inc., filed an application for a Special Use Permit (SUP) related to Orange County PINs 9873-41-0172 AND 9872-49-0872 on February 16, 2024, for a Major Modification to an approved Special Use Permit with a fee paid. 2.The application included site plans and attachments as included in the agenda materials received by the BOA, specifically: Attachment 1. 3.The written narrative and amended site plan detail the two modifications being proposed as changes to: the requirement for unitary ownership, and the location of the 25 acres of open space allocated as part of the 1991 modification of the 1985 Special Use Permit. The proposed modification retains the full 25 acres of open space required by the 1991 modification. 4.Taylor Perschau, a member of the Orange County Planning & Inspections Department staff, provided sworn testimony regarding receipt of the following: copies of the amended site plans, a list of parcels within 1,000 feet of the subject parcel, and a written narrative detailing the proposed modifications. Notice Requirements 5.Notices of a Neighborhood Information Meeting were mailed on March 7, 2024, by the applicant and the meeting was held on March 21, 2024. 6.Notices of the BOA Evidentiary Hearing were mailed on April 24, 2024, and the meeting held on May 8, 2024. 7.Signs were posted on March 6, 2024, for the Neighborhood Information Meeting and on April 25, 2024, for the Evidentiary Hearing. Waste, Safety & Access 8.The waste disposal methods were reviewed by Victoria Hudson, Environmental Health Director with the Orange County Environmental Health Department, and Matthew Taylor, Environmental Enforcement Supervisor with the Orange County Solid Waste Department. Neither staff member indicated any concern regarding the planned methods. 9.The method of police, fire and rescue squad protection were reviewed by Elizabeth Farnan, Fire and Life Safety Chief with the Orange County Fire Marshall’s Office. There was no indication of concern. 10.The method of vehicle access was reviewed by NCDOT District Office and indicated no concerns. Common Open Space 11.Planning for open space shall always prominently meet at least three of the following three goals: the maintenance of wildlife corridors and/or habitat, the preservation of rural character, and the creation or protection of space for outdoor recreation. The proposed modifications maintain a preservation of open space along and around streams and stream buffers. The relocation of the open space also maintains a vegetative buffer along 263Attachment 6b Interstate 40, which is in alignment with the intent of the Major Transportation Corridor Overlay to preserve the rural character of the County. The applicant also prioritized an existing utility easement within the open space to maintain an area that is otherwise compatible with pedestrian recreational use. General Welfare, Value & Harmony 12.The expected value difference with the proposed use for contiguous property is: as presented and entered as evidence on the evening of the evidentiary hearing. 13.The location and character of the use is: if developed according to the plan submitted and in accordance with the conditions, the project will be in general harmony with the surrounding area and the use would be in compliance with the plan for the physical development of the County as embodied in the Unified Development Ordinance or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. 14.The character of the area in which the use is located is: rural with undeveloped parcels and low-density residential. 264 CONCLUSIONS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A REQUEST SUBMITTED BY CAPKOV VENTURES, INC. PROPOSING A MAJOR MODIFICATION TO EXISTING SPECIAL USE PERMITS ON PARCELS 9873-41-0172 AND 9872-49-0872 FOR WOODSEDGE AND THE WOODS MOBILE HOME PARK When applying the adopted Findings of Fact to the relevant Standards found in the UDO, the Orange County Board of Adjustments makes the following Conclusions: 1.All necessary submittal requirements were met, including: a.Submittal of proper forms (UDO 2.2, Finding of Fact 1); and, b.Fees paid (UDO 2.2.4(D), Finding of Fact 1); and, c.An amended site plan and written narrative outlining the specific changes being requested (UDO 2.7.14, Finding of Fact 1, 2, 3 and 4) 2.Proper notice was provided as required by statute and ordinance, including: a.Notice was mailed for the Neighborhood Information Meeting (UDO 2.7.5(B) and (C), Finding of Fact 5); and, b.Signs were posted for the Neighborhood Information Meeting (UDO 2.7.5(D), Finding of Fact 7); and, c. Notice was mailed for the Evidentiary Hearing (UDO 2.7.6(A)(1), Finding of Fact 6); and, d.Signs were posted for the Evidentiary Hearing (UDO 2.7.6(A)(2), Finding of Fact 11). 3.Waste, Safety and Access requirements were met, including: a.The method and adequacy of providing for sewage disposal facilities, solid waste and water service is sufficient for the proposed use (UDO 5.3.2(B)(1), Finding of Fact 8); and, b.The method and adequacy of police fire and rescue squad protection is sufficient for the proposed use (UDO 5.3.2(B)(2), Finding of Fact 9); and, c.The method and adequacy of vehicle access to the site and traffic conditions around the site are sufficient for the proposed use (UDO 5.3.2(B)(3), Finding of Fact 10). 4.Standards specific to Planning of Common Open Space, including: a.Planning for open space shall always prominently meet at least three of the following three goals: the maintenance of wildlife corridors and/or habitat, the preservation of rural character, and the creation or protection of space for outdoor recreation (UDO Section 7.12.4, Find of Fact 11). 5.General welfare, value and harmony standards applicable to all SUPs have been met, including: a.The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted (UDO 5.3.2(A)(2)(a), Finding of Fact 13); and, b.The use will maintain or enhance the value of contiguous property (UDO 5.3.2(A)(2)(b), Finding of Fact 12); and, c.The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners (UDO 5.3.2(A)(2)(c), Finding of Fact 14). 265 Attachment 6c