HomeMy WebLinkAbout11.12.25 BOA Agenda Packet
PLANNING and INSPECTIONS
Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 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, November 12, 2025
7:00 p.m.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. CONSIDERATION OF ADDITIONS TO AGENDA
3. APPROVAL OF MINUTES
August 13, 2025 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
To review and hold a quasi-judicial hearing for a Special Use Permit (Case
SUP25-0016).
A SUP request has been submitted by property owners Kenneth H. and
Joanne A.P. Wilson and applicant Dr. Nora Dennis. The application proposes
a “Care Facility” use on a portion of the +/- 9.67-acre parcel (PIN 9850-09-
3606) located 1009 Hi Mar Lane, Chapel Hill, NC, within the Bingham
Township of Orange County.
7. Administrative Updates
8. Review BOA Annual Report and Workplan for 2026
9. ADJOURNMENT
1
2
3
MINUTES BOARD OF ADJUSTMENT
REGULAR MEETING
August 13, 2025 4
5
MEMBERS PRESENT: Leon Meyers, Chair 6
Beth Bronson, Vice Chair 7
Jeff Scott, Member 8
Greg Niemiroski, Member 9
Kyle Myers, Alternate 10
11
MEMBERS EXCUSED: Nathan Robinson, Member 12
Holly Fraccaro, Alternate 13
14
APPLICANTS: David Cates 15
16
PUBLIC: James McHale 17
Tammy McHale 18
19
STAFF PRESENT: Cy Stober, Director, Planning and Inspections 20
Jack Moran, Planner I 21
Hathir Pfau, Permit Development Technician 22
James Bryan, Staff Attorney 23
24
AGENDA ITEM 1: CALL TO ORDER 25
26
Leon Meyers called the meeting to order at 7:00 PM 27
28
AGENDA ITEM 2: CONSIDERATION OF ADDITIONS TO AGENDA 29
30
Leon Meyers: I'll call the meeting to order. Any changes to the agenda? 31
32
Cy Stober: No. 33
34 AGENDA ITEM 4: PUBLIC CHARGE 35
36
AGENDA ITEM 5: Potential BOA Conflict of Interest Statement 37
38
Leon Meyers: Okay. I am going to read this, public charge. The Board of Adjustment pledges to the citizens of 39
Orange County its respect, and the Board asks citizens to conduct themselves in a respectful, 40
courteous manner, both with the Board and with fellow citizens. At any time, should any member 41
of the Board or a citizen fail to observe the public charge, the, I'll ask the offending person to leave 42
the meeting until that individual regains personal control. Should decorum fail to be restored, we'll 43
recess the meeting until a genuine commitment to this public charge can be observed. The Board 44
of Adjustment is a quasi-judicial administrative body established in accordance with the provisions 45
of local regulations and State law to perform specified functions essential to the County’s planning 46
program. Action(s) taken by the board are based solely on competent, substantial, and material 47
evidence presented during an advertised public hearing. As detailed within 2.12.2 of the UDO, the 48
Board chair reserves the right to exclude evidence and testimony that is deemed incompetent, 49
irrelevant material, or unduly repetitious and, therefore, fails to reasonably address the issues 50
1
before the Board of Adjustment. While there's no time limit on the presentation of evidence, the 1
Board asks that presentations be consistent with established policies, rules of procedure, and 2
acceptable levels of decorum to ensure a fair and equitable hearing for all parties. It is the duty of 3
every Board member to avoid both conflicts of interest and appearances of conflict. Board 4
members having any conflicts of interest or appearances of conflict with respect to matters before 5
the board should identify the conflict or appearance of conflict and refrain from undue participation 6
in the matter involved. As a reminder, General Statute 160(d)-109 establishes the following 7
standard: A member of any Board exercising quasi-judicial functions pursuant to this chapter shall 8
not participate in or vote on any quasi-judicial matter in a matter that would violate affected 9
persons, constitutional rights to an impartial decision maker. Impermissible violations of due 10
process include, but are not limited to, the following: A member having a fixed opinion prior to the 11
hearing on a matter that is not susceptible to change, undisclosed ex-parte communications, a 12
close familial business or other associational relationship with an affected person, or a financial 13
interest in the outcome at the matter at hand. Are there any Board members who need to declare 14
a conflict or an appearance of conflict on matters before the Board tonight? 15
16
Beth Bronson: No. 17
18
AGENDA ITEM 3: APPROVAL OF MINUTES 19
20
Leon Meyers: Thank you. Then, back to the top, we have minutes from the most recent meeting. Board 21
members, you have those in your package. Any questions, corrections? A motion to adopt the 22
minutes would be in order. 23
24
Greg Niemiroski: So moved. 25
26
Beth Bronson: Second. 27
28
Leon Meyers: Any discussion? All in favor, please say aye. 29
30
MOTION was made by Greg Niemiroski. Seconded by Beth Bronson. 31
32
VOTE: Unanimous. All in favor. 33
34
Leon Meyers: All right. The minutes are approved, and we will move to tonight's hearing. Do we have anybody 35
signed up to speak, apart from the applicant? 36
37
Cy Stober: No. 38
39
Leon Meyers: Okay. Then, for the case, let's see, we need to swear witnesses in? Good. Anybody here intends 40
to testify, please come forward, and be sworn. 41
42
Hathir Pfau: Do you swear and affirm that the testimony you are about to give is the truth, the whole truth, and 43
nothing by the truth, to the best of your knowledge? 44
45
Staff: I do. 46
47
Applicants: I do. 48
49
Leon Meyers: All right, then, staff, please present the case. 50
2
1 AGENDA ITEM 6: CASE: A-4-25 - To review and hold a quasi-judicial hearing for a Variance request (Case 2
Number BA25-0002). 3
4
Request has been submitted by property owners Michael and Tammy McHale. The applicants 5
have applied for a Variance to allow for a 30’ front building setback (a 10’ reduction in the 6
required 40’) from the Eno Cemetery Road right-of-way. The .47-acre site is located on 7
Orange County PIN 9857-65-5080, at 4310 Eno Cemetery Road, Cedar Grove NC, 27231, and 8
lies within the Cedar Grove Township of Orange County. 9
10
Jack Moran: All right. Good evening, Board. I'll just skip ahead to Agenda Item 6, the variance request that is 11
before you tonight, Case No. BA25-0002. The applicant is David Cates, on behalf of the property 12
owners, James and Tammy McHale. Like I said, this is a variance request for an unaddressed 13
parcel off of Eno Cemetery Road, which as many of you may know is adjacent to Lake Orange. 14
This one is kind of unique to the other ones that you may be familiar with. It's a variance request 15
for the front setback, as opposed to the reservoir buffer, which I think is what the previous ones 16
have been for. So, moving into the UDO sections that are affected, 6.13.4 and 4.2.9 give us the 17
reservoir setbacks. There is a provision for an administrative reduction in those setbacks with 18
coordination with the County Engineer and Environmental Health. There are some restrictions for 19
septic size, limiting it to 20,000 square feet, and then the provision of a maximum of four 20
bedrooms. So, with those allowances met, staff determined a 75-foot reservoir setback would be 21
appropriate. And that was working with County Engineer and Environmental Health. With that 22
reduction, the applicant is still requesting a variance from the minimum required 40-foot front 23
setback to 30 feet. So, here are all of the properties around Lake Orange, the ones that are within 24
the septic setback and the reservoir setback there. As I'm sure you're familiar, there's a lot of 25
nonconforming structures out there. You've heard a lot of variances. This one is that orange 26
arrow, if you can see it, just at the tip of the peninsula there. It's kind of a unique lot, just in the 27
size. It's one of the smallest lots around Lake Orange. It's just point-four-seven acres in size. So, 28
even with the administrative reduction through the ordinance, and working with the County 29
Engineer and Environmental Health for that reduction in the reservoir setback for the septic and the 30
structure, the front setback would still come into play. Here is the site plan, which I will ask David 31
to come up and talk you through further the rationale behind the variance and what you're seeing 32
here on the site plan. If you have any questions about that part of the presentation? Otherwise, I'll 33
ask David to come up here. 34
35
Beth Bronson: Could you just clarify? You said two bedrooms are being requested, but four is permissible? Is 36
that what you said? 37
38
Jack Moran: Yes. So, the administrative reduction, four would be the maximum, two is what's proposed for this. 39
40
Leon Meyers: Any other questions, Board members? 41
42
Beth Bronson: This is an acquired lot adjacent to the other owned lot? 43
44
Jack Moran: Yes. They own both of them. 45
46
Beth Bronson: Thank you. 47
48
David Cates: Good evening. I don't know if it was stated, but this lot was originally created in 1976 as part of the 49
creation of all the lots around the lake; so, that's what allowed it to take advantage of the 50
3
administrative reduction as well as the other things that they mentioned about the number of 1
bedrooms and the septic size. When I was speaking with the planning staff the other day, I said, 2
"This is the worst lot in Lake Orange," and they said, "Well, the second worst." So, the other one is 3
pretty bad, I'll have to admit, but it's landlocked, or lake-locked, I guess you would say, and this 4
one does have road frontage. We also noticed, interestingly enough, the house that's directly 5
across the street, I probably should have included it, but it's actually within 31 feet of the right of 6
way. I don't know the provenance of how that house got there, but it's within the 40-foot. It must 7
have gotten some sort of variance or reduction at some point in time in the past, but this structure 8
will look very much in keeping with the house across the street. I don't know if you all had an aerial 9
image that we could pull up, but, if you all want to see that, we can show it to you. So, what I did 10
was I started laying out all the different setbacks, and since we're going to mainly be talking about 11
the front setback, that's this 40-foot setback right here. And then, in conjunction with that is the 20-12
foot side setback on both sides. And then, when you overlay the adjacent properties' wells with 13
their 50-foot well setbacks, that's what this line is. And the well also has to be 50 feet from the 14
reservoir, so, that's what this line is. But here is the 75-foot administratively reduced reservoir 15
setback, and then here is the 100-foot sewer setback, and then in conjunction with that, you have 16
to have a 5-foot setback from the structure to the septic field, so, that reduces the septic 17
additionally. So, in reality, if you look at this dotted line and follow this around, that's really the only 18
buildable area. And this structure we're proposing, it's only 25 feet wide; so, that's if we're allowed 19
to get the 30-foot setback. It's only a 750-square-foot building. That's with the proposed setback, 20
so, it's not an unreasonable-size structure. 21
22
Leon Meyers: Questions, Board members? 23
24
Kyle Myers: So, can you just confirm that the yellow shape is the structure we're talking about? 25
26
David Cates: Yes, sir. 27
28
Kyle Myers: And it's not a garage, it's a dwelling? 29
30
David Cates: It's a garage with bedrooms. 31
32
Kyle Myers: Okay. Thank you. 33
34
Beth Bronson: It's a garage with a septic. 35
36
David Cates: Correct. A garage with bedrooms with septic, correct. Yes, it could be two bedrooms with a 37
garage. 38
39
Leon Meyers: Have you shown the well on the McHale's parcel? If there were a well on the adjacent parcel to 40
the south, that would have an impact on the septic field, but maybe that's not a problem. Do you 41
happen to know that? 42
43
David Cates: You're talking about this well setback here? 44
45
Leon Meyers: Well, that's the proposed well site, right? And I was just saying, if there were a well on the 46
adjacent property, you would have a similar kind of thing. 47
48
David Cates: That's correct. Yes. I think their well is further away than that. 49
50
4
Leon Meyers: Got you. Good. Okay. 1
2
Beth Bronson: Does anyone else have issues with the GIS website? No? Okay. That's all right. 3
4
Kyle Myers: Did you want them to show the overhead view? It was included in Jack's presentation. 5
6
David Cates: Yes. There it is. That's exactly what I was going to illustrate. That house that's directly across the 7
street is, again, I don't know how that happened, but it's almost identical. 8
9
Kyle Myers: Make that a little larger? 10
11
David Cates: Yes. That's a much larger building. 12
13
Kyle Myers: No, can you make that larger? 14
15
Beth Bronson: How can you zoom the picture in? 16
17
David Cates: I don't think, can I zoom in? It's a slide. 18
19
Leon Meyers: Might be easier to just go to GIS. 20
21
David Cates: Yes. I measured it at 31 feet. 22
23
Cy Stober: Where would you like to see? 24
25
Kyle Myers: Keep going. That's good. Thank you. 26
27
Leon Meyers: Board members, any other questions? 28
29
Beth Bronson: These parcels were purchased together with the adjacent property to the north, I would assume, 30
since the dock is on this one, as well? 31
32
David Cates: I know they own the adjacent parcel, but I don't know the order in which they were. You could 33
make the assumption that they were all purchased at the same time. 34
35
Beth Bronson: Certainly, and not that it has any bearing. I just wanted to make sure if there was an easement 36
before, or if there didn't need to be. 37
38
Leon Meyers: GIS thinks they were all bought at the same time. 39
40
Beth Bronson: Okay. 41
42
David Cates: Yes. We had discussions with planning staff trying to figure out other ways to provide water and 43
sewer, you know? But there was no good way to get it there. Everywhere we turned, we were 44
wedged out. 45
46
Kyle Myers: I do have another question. I'm sorry. So, is it correct to say that the new garage with bedrooms is 47
going to be, the septic is going to be 5 feet off of Eno Cemetery Road, and the building is going to 48
be approximately how far off the road? 49
50
5
David Cates: About 30 feet. We'll try to make it a little bit more because I've been involved where the last thing 1
you want to do is have to shave part of your building off, so, we typically try to have a little bit of 2
buffer, and not be right on the 30 foot, but it's similar to this house, actually. It's going to be 3
virtually identical to that except not that big. 4
5
Beth Bronson: And the driveway, it says TBD? 6
7
David Cates: Yes. 8
9
Beth Bronson: But my assumption would be that you wouldn't be able to put a driveway over this septic field, so, 10
you'd have to use the adjacent property driveway. 11
12
David Cates: The septic that we're showing is the potential septic field, but it doesn't have to be. We can use, we 13
have enough room to make a driveway through there. 14
15
Jeff Scott: For the septic field area, is there any concern about, or any kind of requirements for a repair area? 16
17
David Cates: Alan Klapp, who used to work for the county, was the septic designer, and he's taken all of that –18
into consideration with his design. 19
20
Leon Meyers: You don't yet have a construction authorization, but you have a plan, right? 21
22
David Cates: That's correct, yes. 23
24
Leon Meyers: Got you. 25
26
David Cates: Yes. Alan has tested the soils, and we have a plan. 27
28
Leon Meyers: Right. 29
30
David Cates: We wanted to make sure that this was feasible before we went this far. Because it's so tight that 31
there were concerns at some point. Even with the reduction, would there be enough space of 32
septic? Obviously, the septic takes up the majority of the project area. 33
34
Kyle Myers: Okay. I do have another question, if that's okay. So, would it be that the opening of the garage 35
would be on the parcel, on the back of it, as shown in their diagram, or are we saying you'll pull into 36
it much like the house across the street? 37
38
David Cates: Much like the house across the street, yes. 39
40
Kyle Myers: Got you. 41
42
Tammy McHale: Like the house across the street. 43
44
Leon Meyers: Can I ask you folks to come forward? 45
46
David Cates: Yes. I need you to speak through me, or you have to get sworn in. 47
48
Leon Meyers: Yes. We’re interested in your comments, for sure. I just want to be sure they get on the record. 49
50
6
David Cates: All right. So, it would actually not be similar to the one where they actually do have a garage. It's 1
hard to tell it, but the cars are pointed. 2
3
Kyle Myers: Yes. If you could just point. 4
5
David Cates: Yes. This is where the garage is. The cars pull in this way, and it would be just like that. 6
7
Kyle Myers: But there would be some sort of apron from Eno Cemetery Road, right where your hand is, into the 8
garage. 9
10
David Cates: Correct. Yes. Thank you for that clarity. 11
12
Leon Meyers: Any other questions? 13
14
Beth Bronson: I don't understand the apron being able to be on top of the septic field, I mean if this is the septic 15
area. 16
17
David Cates: The septic area we're showing is not the final septic. It's just showing where we can put septic. 18
19
Beth Bronson: Okay. Thank you. 20
21
Kyle Myers: I do have another question, then. So, what you're trying to show on the potential septic field is 22
directly related to the square footage size of the proposed building, and so, you were simply trying 23
to show that you more than meet that requirement, ultimately. 24
25
David Cates: Correct. We have enough septic to do the project. 26
27
Kyle Myers: Right. 28
29
Leon Meyers: All right. Other questions? 30
31
Beth Bronson: No other questions. 32
33
Leon Meyers: Good. Thank you, David. I think that's what we need. 34
35
David Cates: Okay. Thank you. 36
37
Beth Bronson: I do have one more question. I apologize. I just am not sure if it's relevant. 38
39
Leon Meyers: Well, you're welcome to ask the question, and just say I'm not sure it's relevant. 40
41
Beth Bronson: I am not sure if this is relevant, and I want it to be appropriate, but is there a reason that the 42
parcels were not combined if it's going to be the garage? 43
44
David Cates: Why they were not recombined. Because they chose that that's not the way they wanted to do it. I 45
don't know that there's a motive. 46
47
Beth Bronson: Hundred percent. 48
49
7
David Cates: Just, it happens, in this case, that they own both ones. I remember discussing it, but I don't 1
remember the exact reason. 2
3
Greg Niemiroski: I think the fact that they're existing as of the date they are, also would be affected. 4
5
David Cates: Yes. 6
7
Greg Niemiroski: If you recombine, it's now a new effective date, subject to all the current standards. 8
9
Beth Bronson: That makes total sense. 10
11
David Cates: That's a better answer. 12
13
Beth Bronson: All right. 14
15
David Cates: Thank you. 16
17
Leon Meyers: Okay, I believe that's it, then. All right. Board members, thoughts, or discussion, or motion? 18
19
Beth Bronson: You want to discuss how Lake Orange is problematic? 20
21
Jack Moran: We do have just one more thing. Well, first, thank you, Greg, for that explanation. 22
23
Greg Niemiroski: I hope it's correct. 24
25
Jack Moran: It is correct, thank you. Forgot to mention at the start the existing development part of the 26
administrative reduction. And then, as we move into the findings of facts, which you will then have 27
a motion to approve or deny, from Section 2.10 of the ordinance, findings of fact, which you can 28
also find in Attachment 5 of your packet, the four criteria for the variance you will review and then 29
make your vote on whether it's appropriate. 30
31
Kyle Myers: Can you just repeat what you just said, the last two sentences. 32
33
Jack Moran: Yes. Section 5 of your packet, you'll find the findings of fact. Within the findings of fact, there are 34
four criteria for the variance, and then you'll make a vote on the motion, whether you find that the 35
application has met them. 36
37
Leon Meyers: So, a first motion would be the findings listed on Page 68, is that right? James, help us here. 38
39
Beth Bronson: Yes. 40
41
James Bryan: Yes. So, this case is a little bit easier because you don't have competing facts, but the first thing 42
you would do is the findings of facts. Yes, but, so, those are just describing them. I don't think 43
those are actually facts. 44
45
Beth Bronson: They would be in the application. Maybe the next page. 46
47
James Bryan: So, where they have it, it just says application package, which is just very broad, the facts are as 48
you heard them today. If you wanted to do something contrary, you could say, call out something 49
that was not substantial evidence, something that was not material, or call out something that was 50
8
incompetent evidence, just to have a pristine record, but you don't have to do that. So, you could 1
just have a motion to, the findings of facts are as presented in the application and in the testimony 2
of staff and Mr. David Cates. 3
4
Leon Meyers: And there are some findings listed on Page 69. Are you saying those are not relevant? 5
6
James Bryan: So, the first part is the findings of facts, what you guys are considering. Consider the application 7
and everybody that spoke today. And then, the second one is the conclusions you have to make, 8
and those are the four, and you have to say yes or no to each of the four. And then, the final one 9
is to approve or deny based on whether they have met all four of them. I'm sorry if I got too far 10
from the mic on that. 11
12
Beth Bronson: So, the reference they attach, that is referencing Agreement 1, which indicates the interpretation, 13
Exhibit B. So, that would be Page 54. Yes, 54 and 55. So, they didn't do anything to create this 14
hardship, it is the geometry of the parcel, and this lot was created in 1976. 15
16
Leon Meyers: All of that stuff is referenced on Page 69. Right. 17
18
Beth Bronson: Yes. 19
20
Kyle Myers: Yes. So, the motion is to accept the findings, which are unnecessary hardship, which is Section 21
2.10.4.A, and that's shown in the package, and then, No. 2, or B is hardship results from conditions 22
that are peculiar to the property. The third one is hardships did not result from actions taken by the 23
applicant or property owner, and the fourth one is the requested variance is consistent with the 24
spirit, purpose, and intent of the ordinance. 25
26
Leon Meyers: But, James, what you're saying is that a motion to approve the findings would reference Page 69 27
and the application package and tonight's testimony. Did I understand that correctly? 28
29
James Bryan: You could do it that way. I'm sorry, there's a lot of ways to attack it, but I would suggest just, the 30
first motion should be about the findings of fact, and so, it would be what are you basing your 31
decision on, and that would be the application and the speakers. And you could just say that. You 32
could just say the application and the speakers. You don't have to identify them as staff and David 33
Cates, but you can if you want. And then vote on that. So, everybody agrees that's what we 34
heard, and that's what we're basing our decision on. And then, we'll have a discussion of, all right, 35
now, based on that, let's go through these four. Did they create this hardship on their own? Is it 36
necessary? You know. 37
38
Leon Meyers: And the second motion would confirm the Board's findings that the facts, which we've already 39
approved, satisfy the four conditions. 40
41
James Bryan Yes. 42
43
Leon Meyers: Okay. So first, motion to approve the findings, as James has described them. 44
45
Beth Bronson: I mean, before I make a motion, I would just have that discussion of these four items. The 46
hardship did not result from actions taken by the applicant or the property owner. I think that is 47
correct. However, the one comment from the DAC committee that referenced the parent tract, and 48
because I can't pull the GIS up, I don't understand if that's actually relevant to this or if it is a 49
complete, like they're referencing if this tract were to be divided up. 50
9
1
Leon Meyers: Land disturbance thresholds are cumulative to the parent tract and will carry over to any and all 2
subdivided lots. 3
4
Beth Bronson: And does that mean should this lot be subdivided further, or was this lot subdivided, and there is a 5
parent tract? That would be my only question. 6
7
Cy Stober: Permission to address the Board. 8
9
Leon Meyers: Sorry. Go ahead. 10
11
Cy Stober: It's the latter, Mrs. Bronson. It's a standard note from our county engineer that is more of a, it's 12
less relevant because this property could not be subdivided because it would result in non-13
conforming lots, but it is a standard note that the engineer places in his comments so that there is 14
awareness because there has not been awareness on other regulated subdivisions that 15
stormwater regulation is cumulative as a common plan of development to resulting lots and that it 16
must be regulated as such. And so, it's a best practice he's put into place as a precaution, and the 17
awareness for applicants. It is not relevant to this case. 18
19
Beth Bronson: And that's fine. I just wanted to make sure that it wasn't insinuating that this was a subdivided 20
tract. 21
22
Cy Stober: No. Your statement before is correct, that this parcel was created in 1976, and prior to this 23
ordinance having been adopted, as well the prior ordinance, for that matter, and as such, any 24
parent predates our ordinance regulation. 25
26
Beth Bronson: Okay. Thank you very much for that explanation. With that said, then, I would make a motion to 27
approve the findings of fact as laid out in Attachment 5 and the applicant testimony today and staff 28
testimony today, as well. Motion to approve. 29
30
Greg Niemiroski: Second. 31
32
Leon Meyers: Any discussion on the motion to approve the findings of fact? All in favor, please say aye. 33
34
MOTION was made by Beth Bronson. Seconded by Greg Niemiroski. 35
36
VOTE: Unanimous. All in favor. 37
38
Leon Meyers: None opposed? Then, a second motion would affirm that the Board has found that the application 39
meets the four criteria to issue a variance listed on Page 68. And that's unnecessary hardship 40
would result. The hardship results from conditions that are peculiar to the property. Hardship did 41
not result from actions taken by the applicant, and the variance is consistent with the spirit, 42
purpose, and intent of the ordinance. 43
44
Beth Bronson: I will make a motion that this application meets the findings of facts, is, this application meets the 45
requirements for the variance under the UDO Section 2.10.4 based on the findings of fact. 46
47
Kyle Myers: Second. 48
49
Leon Meyers: Any discussion on the compliance motion? All in favor, please say aye. 50
10
MOTION was made by Beth Bronson. Seconded by Kyle Myers. 1
2
VOTE: Unanimous. All in favor. 3
4
Leon Meyers: None opposed? Then, a final motion would approve the variance. 5
6
Beth Bronson: I'll make a motion to approve the variance. 7
8
Kyle Myers: Second. 9
10
Leon Meyers: Okay. Any discussion on the motion to approve the variance? All in favor, please say aye. 11
12
MOTION was made by Beth Bronson. Seconded by Kyle Myers. 13
14
VOTE: Unanimous. All in favor. 15
16
Leon Meyers: None opposed? Thank you, folks. Good luck with your project. 17
18
Beth Bronson: Thank you, guys. 19
20
Leon Meyers: Jack saw anything else that we need to take care of tonight? Any – Next meeting is next month, 21
right? 22
23
Cy Stober: We have no scheduled items for the September Board meeting. We will have the appeal of my 24
determination for the Union Grove Farm agri-tourism on October 8th at 7 p.m. in this room. 25
26
Leon Meyers: And no other items on that agenda that you know of? 27
28
Cy Stober: No. We have a special use permit major modification that has now requested to be scheduled for 29
our November meeting, which should be November 12th. 30
31
AGENDA ITEM 7: ADJOURNMENT 32
33
Leon Meyers: Okay. Good. Then, motion to adjourn would be in order. 34
35
Beth Bronson: Motion to adjourn. 36
37
Jeff Scott: Second. 38
39
MOTION was made by Beth Bronson. Seconded by Jeff Scott. 40
41 VOTE: Unanimous. All in favor. 42
43
Leon Meyers: Adjourned. Thank you, folks. 44
45
The meeting was adjourned at 7:36 p.m. 46
47 _________________________________________ 48
LEON MEYERS, CHAIR 49
50
11
ORANGE COUNTY
BOARD OF ADJUSTMENT
EVIDENTIARY HEARING
AGENDA ITEM ABSTRACT
Meeting Date: November 12, 2025
Agenda
Item No. 6
SUBJECT: Special Use Permit request proposing “Care Facilities” use located at PIN 9850-
09-3606 , and 1009 Hi Mar Lane, Chapel Hill, Bingham Township
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1.Staff Report
2.Application Package, including Site Plan
and Supplemental Materials
3.Neighborhood Information Meeting
Materials
4.Notification Materials and Certification
5. Project Correspondence and
Development Advisory Committee
Comments
6.Findings of Fact and Draft Motion
Taylor Perschau Current Planning and Zoning
Manager, 919-245-2597
Cy Stober, Planning and Inspections Director
919-245-2592
PURPOSE: To hold a quasi-judicial evidentiary hearing, receive sworn testimony and evidence,
and take action on a Special Use Permit 25-0016 (hereafter “SUP”) application proposing a “Care
Facility” use on a +/- 9.67-acre parcel (PIN 9850-09-3606) located at 1009 Hi Mar Lane, Chapel
Hill, NC, within the Bingham Township, in accordance with the following Unified Development
Ordinance (UDO) provisions:
•Section 2.7: Special Use Permits;
•Section 5.2: Table of Permitted Uses;
•Section 5.3.2: Application of Use Standards – Special Uses; and
•Section 5.8.2: Care Facilities
BACKGROUND: On August 19, 2025, a SUP application (Attachment 2) was received to utilize
the property to operate a “Care Facilities” use (Land Use #19) in Section 5.2: Table of Permitted
Uses of the UDO) located on a +/-9.67-acre parcel at 1009 Hi Mar Lane, Chapel Hill, NC. As
detailed within the application, the property currently holds bona fide farm status, and conducts
farm-based therapy services as a bona fide farm-related use. Bona fide farm uses and structures
are exempt from County zoning per NC General Statute 160D-903. Structures associated with
bona fide farm uses are neither regulated nor fully inspected by Orange County Building
Inspections and Fire & Life Safety Divisions. The applicant has submitted this SUP application to
establish the Care Facility as a non-farm use and subsequently request and receive fire
inspection, which is not currently granted to bona fide farm structures. Local fire inspection would
allow for Jubilee Integrated Wellness to pursue a State healthcare licensure program that would
12
expand its ability to serve clients on-site. The Staff Report in (Attachment 1) contains additional
information, maps, and staff analysis.
Basic Review Process: A SUP application requires submission of a site plan and other
documents, in accordance with Section 2.7.3 of the UDO:
• 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 upon submittal of the
complete SUP application on August 11, 2025.
• SECOND ACTION – Applicant holds a Neighborhood Information Meeting (NIM).
STAFF COMMENT: The NIM was held on September 28, 2025, at 9:00 a.m., as
an in-person meeting on the Jubilee Integrated Wellness property. Summary
meeting materials are contained in Attachment 3.
• THIRD ACTION – Development Advisory Committee (DAC) Review/Analysis Begins
STAFF COMMENT: The Orange County DAC met on September 18, 2025, 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 November
12, 2025.
Public Notification(s): In accordance with UDO Section 2.7.6, 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 October 29, 2025, 14 days before the meeting. Staff also posted the property
with signs on October 29, 2025, 14 days before the meeting. See Attachment 4 for the notification
materials details.
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 5.8.2 of the UDO
except as otherwise proposed by the applicant.
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
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(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 SUP applications as outlined within
Section(s) 2.2 and 2.7 of the UDO.
(2)UDO 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 the “Care Facilities” use, as set
forth in Section 5.8.2 of the UDO.
Per Section 2.7.11(A) of the UDO, the Board of Adjustment may impose 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.
14
Staff Report
Special Use Permit SUP25-0016
Basic Information
Parcel Address 1009 Hi Mar Lane, Hillsborough, NC
Parcel Identification Number (PIN) 9850-09-3606
Township Bingham
Applicant Name and Address Dr. Nora Dennis
233 W Margaret Lane, Hillsborough, NC
Property Owner Name and Address
Kenneth H. and Joanne A.P. Wilson
104 Stoneridge Drive
Chapel Hill, NC
Agent(s), if applicable
Kevin Hornik
The Brough Law Firm, 1526 E. Franklin St., Ste. 200
Chapel Hill NC
15
Proposed Special Use Application Description
As detailed within the Application(Attachment 2, Exhibit B), the subject property currently holds bona fide
farm status, and conducts farm-based therapy services as a bona fide farm-related use. Bona fide farm
uses and structures are exempt from County zoning regulations per NC General Statute 160D-903.
Structures associated with bona fide farm uses are neither regulated nor fully inspected by Orange County
Building Inspections and Fire & Life Safety Divisions. The applicant has submitted this SUP application to
establish the Care Facility as a non-farm use and subsequently receive fire inspection, which is not currently
granted to bona fide farm structures. Local fire inspection would allow for Jubilee Integrated Wellness to
pursue a Sstate healthcare licensure program that would expand its ability to serve clients on-site.
Current Land Use Bona Fide Farm, Residential
Requested Special Use Care Facility (Use #19, UDO Section 5.2, Table of Permitted Uses)
Special Conditions Proposed? No
Special Use Consistent with
2030 Comprehensive Plan? Yes
Existing Conditions/Physical Features
The site is primarily forested with existing structures and agricultural uses located on the eastern portion of
the parcel. The site does not contain any water features or jurisdictional streams. The property has an
existing private right-of-way “Dodson Knoll Road” for access to Dairyland Road from the east and running
south along the eastern property line.
16
Surrounding Land Uses
Subject Parcel Size +/-9.67 acres
North Farm and Residential, Large (>10-
ac) lots
South Residential, 1 – 2-ac lots
East Farm and Residential, Medium (2 –
5-ac) lots
West Forested, Large (>10-ac) lots
Surrounding Zoning
Subject Parcel
Zoning Districts
Agricultural Residential (AR), Rural
Buffer (RB), Rural Residential (R-
1),
Overlay Districts Watersheds:
Cane Creek Protected
University Lake Protected
Haw River
North AR
South RB, R-1
East AR, RB
West AR
17
Future Land Use
Map (FLUM)
Designation
Agricultural Residential (AR),
Rural Residential (RR), Rural
Buffer (RB)
FLUM Overlay(s) Agricultural Residential, Rural
Residential, Rural Buffer
Growth Management
System Designation Rural
FLUM Category
Description
AR: Land in the rural areas where the
prevailing land use activities are related to
the land (agriculture, forestry) and which is
an appropriate location for the
continuation of these uses.
RR: Land in the rural areas of the County
which is appropriate for low intensity and
low-density residential development, and
which would not be dependent on urban
services during the plan period.
RB: Land adjacent to an urban or
transition area which is rural in character,
and which should remain rural, contain
very low-density residential uses, and not
require urban services during the plan
period.
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Proposed Project
Project Narrative
Per the applicant’s description: “Jubilee Integrated Wellness PLLC (DBA Jubilee) is a clinical program offering
ambulatory day programs for adults of all disability levels as defined by 10A NCAC 27G. Jubilee offers farm-
based day programming for adults with mental illness to support their rehabilitation, care, and thriving. The
program offers group and individual therapy, yoga, cooking, therapeutic horticulture and animal care, and
music therapy, and is billed as an intensive outpatient program (IOP, CPT code S9480). Clients are adults
whose lives have been derailed by mental illness, often complicated by repeated hospitalization. These
individuals are offered a space to receive holistic, evidence-based care in support of their values, helping
them to re-enter the world to pursue their educational, creative, and professional goals. It should be noted
that Jubilee is a designated bona fide farm and is already offering these farm-based mental health care
services at the identified location (1009 Hi Mar Lane). Currently, these services are billed to insurance as
“office-based”, as opposed to “facility-based,” which can only be billed from a licensed facility. The insurance
rate for office based IOP is not adequate to sustain the organization financially, particularly as we pay a living
wage to all employees. We are seeking this special use permit for the existing space to receive a fire
inspection from the Orange County Fire Marshal, which was previously denied due to the current bona fide
farm status. The fire inspection will allow licensure for the program, which is currently operating as an office-
based service. Licensure would, in turn, allow Jubilee to seek facility-based contracts with insurers. Many
insurers do not cover office-based IOP or pay a rate that is ¼ of that provided for facility-based billing. The
SUP and subsequent fire inspection and license would make our services available to a wider range of clients,
including those with Medicaid, with whom we cannot contract without a license. There is a notable lack of
mental health day treatment services for Medicaid clients in Orange County, and the SUP will allow us to care
for an underserved population.”
For additional project information, see Application (Attachment 2, Exhibit B).
Proposed Access and Transportation Network Improvements
The Project is proposing access from an existing 60’ private right-of-way, named Dodson Knoll Road.
Neither a Traffic Impact Analysis (TIA), nor a Traffic Assessment was required for this application. Dodson
Knoll Road connects to Dairyland Road, a publicly maintained right-of-way. NCDOT has reviewed and has
no objections to the site plan as presented. The applicant submitted a Trip Generation Letter, noting a total
of 164 trips per day. The estimated traffic volume does not exceed the 800 trips per day threshold which
would require a Traffic Impact Analysis per UDO Section 6.17.
Proposed Utilities
The property is not in an area served by public water/sewer. Water and wastewater services will be
provided via a private well and septic system that meet Orange County Environmental Health standards.
Erosion Control/Stormwater Regulations
Erosion Control staff reviewed the project as part of the September 18, 2025, Development Advisory
Committee review (Attachment 5). A land disturbance permit will be required for the proposed new building
should land disturbance exceed 10,000 sq. ft. Building permit applications will be reviewed by Erosion
Control and Stormwater staff for compliance with applicable regulations.
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Site Plan
20
Land Use Buffers/Setbacks
Per UDO Section 5.8.2(B)(2), Care Facilities shall provide a Type B, 30 ft. buffer around the facility and
outdoor areas in accordance with Section 6.8.6 Landscape Buffers. The buffer requirement is imposed
to screen the view of outdoor areas associated with the Care Facility use and reduce noise associated
with the facility. The property and proposed use may qualify for UDO Section 6.8.3 Variations, which
allows for modification to landscaping and buffer standards when existing structures, utilities, gardens
or active farmland are already located in what would be a required buffer area. Section 6.8.3 grants the
Planning Director authority to modify the buffer and landscape standards in these instances.
Proposed Buffers
North Existing wooded areas proposed to be maintained except where “proposed future
building site” is noted on site plan.
South Existing wooded areas and garden areas to be maintained, as permitted by UDO Section
6.8.3 Variations
East 30-foot buffer along Dodson Knoll Road
West Existing wooded areas proposed to be maintained except where “proposed future
building site” is noted on site plan
Environmental Assessment
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 were shared with various State
agencies via the NC Department of Administration’s State Clearinghouse. Planning staff and Department
of Environment Agriculture Park and Recreation (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 UDO.
Solid Waste
The applicant has indicated development within the project will conform to the Orange County Solid
Waste Management Ordinance. Solid Waste staff were included in the September 19, 2025, DAC review.
Ordinance Requirements
“Care Facility” is defined as Use #19 in the Table of Permitted Uses and within Article 10 Definitions of the
UDO as:
“Use type offering temporary care to clients, including children, adolescents, and adults, for no more
than eight hours in a 24-hour period. Care can be offered regardless of the time of day and whether
or not operated for profit. Term includes Childcare Centers, and any other Child Care arrangement
not excluded by General Statute 110-86(2), that provides child care.
a). A Child Care center is an arrangement where, at any one time, there are three or more pre-
school children or nine or more school-aged children receiving Child Care.
b). A family Child Care home is a Child Care arrangement located in a residence where, at any
one time, more than two children, but fewer than nine children, receive Child Care.”
STAFF COMMENT: In the case of this application, the applicant is seeking a special use permit
for the existing facility, which currently operates as a bona fide farm-related use, to receive a
21
fire inspection from Orange County Fire Marshal. The fire inspection will allow for licensure for
the program, which would in turn allow Jubilee to seek facility-based contracts, making their
services available to a wider range of clients including those with Medicaid.
Section 5.2.1 Table of Permitted Uses of the UDO lists “Care Facility” as a permitted use of property within
the AR, R1, and RB general use zoning districts subject to the issuance of a SUP.
Standards governing the development of a “Care Facility,” as detailed in Section 5.8.2 of the UDO, are as
follows:
(1)Submittal Requirements. In addition to the information required by Section 2.7, the following shall
be submitted as part of the application:
(a)Where a State license is required to operate the facility, evidence that the minimum
requirements to qualify for said license have been, or will be, met shall be submitted.
(b)A floor plan of the proposed facility, showing the use and dimensions of each room and
the location of entrances and exits.
STAFF COMMENT: A Site Plan has been submitted with this request providing required
details. The applicant has also included a detailed narrative providing additional information
on the nature of the operations and activities envisioned for the property as well as the criteria
necessary for state licensure and their ability to meet these criteria.
Please note, this is the required site plan denoting compliance with the UDO as it relates to
the issuance of the SUP. A final site plan and Zoning Compliance Permit shall be required for
review and approval by the County prior to the commencement of any earth disturbing activities
as required in Section 2.5: Site Plan Review of the UDO. Should the SUP be approved, the
Planning Director may only approve minor modifications from the site plan provided with this
application, as specified by Orange County UDO Section 2.7.14.
(2) Standards of Evaluation
(a)Facilities involving the care of children and adolescents shall be located in an area which
is free from conditions dangerous to the physical and moral welfare of the children.
STAFF COMMENT: Applicant clarified in the submitted application that the facility
only provides care for individuals 18 years of age and older.
(b)Where a State license is required to operate the facility, the applicant shall demonstrate
the minimum requirements to qualify for said license are satisfied.
STAFF COMMENT: The submitted narrative addresses the licensure requirements
including a scheduled walkthrough with the NC Division of Health Services Regulation.
The applicant has affirmed that scheduled walkthrough and subsequent fire inspection
would satisfy requirements for a day program license.
(c)There is direct frontage and access on a public State-maintained Road.
STAFF COMMENT: The narrative submitted within the application package
(Attachment 2) details the applicant’s justification for access in regard to this standard,
22
calling out emergency services access, maintenance, and frontage definitions from the
Orange County UDO.
(d)Adequate access to and from the site as well as adequate space off the road right of way,
is provided for the safe pick up and discharge of clients and is provided in such a manner that
traffic generated by the facility is not disruptive to adjacent residentially developed properties.
STAFF COMMENT: The trip generation letter submitted within the Application
Package (Attachment 2) affirms that the project did not require a Traffic Impact
Analysis as the projected 164 vehicles per day generated by the use does not exceed
the 800 trips per day threshold defined in UDO Section 6.17 Traffic Impact Analysis.
(e)All client pick up and drop offs shall be on site, with proper vehicle stacking area equivalent
to three cars.
STAFF COMMENT: The applicant has stated in the application package (Attachment
2) that the site provides the required parking defined by UDO Section 6.9.7 Off-Street
Parking Requirements. The proposed use does not have drop-off, pick-up times similar
to other Care Facility uses, as almost all clients are adults who will drive themselves to
and from the facility.
(f)The site plan shall show how the facilities will be screened from adjacent properties. A
Type-B, 30-foot buffer shall be provided around the facility and outdoor area in accordance
with Section 6.8.6. These buffers will effectively screen the view of any outdoor area, and
reduce noise associated with the facility.
STAFF COMMENT: Applicant has provided distances from the site to neighboring
residences and a description of the existing vegetation in the application package
(Attachment 2). Staff notes that UDO Section 6.8.3(A)(2) may be applicable given
that existing gardens and farmland are located within the required buffer and
setback.
(g)Each facility is required to provide a minimum of 75 square feet of outdoor space for every
client in care. This space may not be located in a required buffer or in an area, which is used
or reserved for use as a sewage disposal nitrification field.
STAFF COMMENT: The applicant has provided calculations for the required
outdoor space in the application narrative and site plan equaling 5272.6 sq. ft. per
client.
(h)Fencing and/or screening is to be provided which ensures the protection of the clients
receiving care and protects adjacent residentially developed properties from trespass.
STAFF COMMENT: Applicant has stated in the application that a combination of
deer fencing, and tree screening will satisfy this standard.
(i)All gates shall be self-closing and self-latching.
STAFF COMMENT: The application package and project correspondence detail
that the gates are being upgraded to satisfy this standard and the work is expected
to be complete by November 1, 2025.
23
(j)Each facility approved by the Board of Adjustment shall be reviewed annually by the
Planning Director to ensure compliance with the standards of evaluation for such facilities
and any conditions attached to the application by the Board of Adjustment. Any change in
the operation of the facility, which deviates from the original standards and conditions will
constitute a modification and will require the approval of the Board of Adjustment. In
determining whether a change in the operation of the facility has occurred, the Planning
Director shall be guided by the procedures and criteria contained in Sections 2.7.14 and
5.8.2(B).
STAFF COMMENT: The application package and project correspondence
demonstrate the applicant’s agreeability to this standard. Planning will coordinate
with the applicant to schedule any necessary inspections and to record any
documented changes to the facility.
Proposed Conditions
General Conditions
1.For public safety as required in Section 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.
Voluntary Conditions
At present, the applicant has not submitted any additional conditions to the proposed Care Facility use.
24
Review Milestones
Courtesy review comments from State Clearinghouse are available via the Permitting
Information Portal. Courtesy review comments from Town of Carrboro Planning staff are
available in Attachment 5.
Analysis
2030 Comprehensive Plan
Chapter 2 – Planning Principles
In October, 2004, the Orange County Board of County Commissioners (BOCC) adopted guiding
principles to guide and direct development of the 2030 Comprehensive Plan. There are several
Comprehensive Plan Planning Principles of relevance to Care Facility (Use # 19) including:
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 a special use permitted within the AR, R1, and
RB zoning districts, should it comply with the UDO standards and meet the standards of
evaluation reviewed by the Board of Adjustment. Should it do so, the growth and
development realized by the project is consistent with the Comprehensive Plan’s
Agricultural Residential, Rural Residential, and Rural Buffer Future Land Uses
(Comprehensive Plan Appendix F).
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: This project proposes minimal land disturbance and tree removal to allow
for development, consistent with the narrative’s goal to maintain as much natural area as
possible while developing the site. (Application Packet, Attachment 2).
Application Submittal Date August 19, 2025
Development Advisory Committee
(DAC) Review
September 18, 2025
Neighborhood Information Meeting
(NIM)
September 28, 2025
Note: the DAC is a staff/agency committee, established in Section 1.9 of the UDO.
Courtesy Review
Jurisdiction Date Sent Comments Received
State Clearinghouse September 12, 2025 Yes
Town of Carrboro September 29, 2025 Yes
25
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 proposed “Care Facility” use is consistent with the County’s rural
landscape, as presented in the site plan. Minimum land disturbance, lighting, and noise
are proposed and existing vegetation is to largely remain on-site, acting as a natural buffer
to adjacent properties. The owners sought to purchase property in a rural setting with
natural conditions that could be preserved and cultivated. (Application Packet, Attachment
2)
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 stated intention is to offer local services to Orange County residents.
(Application Packet, Attachment 2)
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: This project proposes development that is consistent with the
surrounding areas rural landscape. (Application Packet, Attachment 2)
Chapter 5 – Land Use Element, Section 5.6 Goals
There are several land use goals in the adopted 2030 Comprehensive Plan of relevance to Care
Facility (Use #19) 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.
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.
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.
Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive.
Staff Comment: The location and character of the 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 for the physical development of the County, as
embodied in, or portion thereof, Land Use Goals 1, 2, 3, and 6.
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Orange County Planning and Inspections Department
Special Use Permit Application
Applicant: Ken and Joanne Wilson, Jubilee Integrated Wellness, PLLC
Property: Orange County Parcel 9850093606
Zoning: AR/RB/R1
Proposed Land Use Narrative
Overview
Jubilee Integrated Wellness PLLC (DBA Jubilee) is a clinical program offering
ambulatory day programs for adults of all disability levels as defined by 10A NCAC 27G. Jubilee
offers farm-based day programming for adults with mental illness to support their rehabilitation,
care, and thriving. The program offers group and individual therapy, yoga, cooking, therapeutic
horticulture and animal care, and music therapy, and is billed as an intensive outpatient program
(IOP, CPT code S9480). Clients are adults whose lives have been derailed by mental illness,
often complicated by repeated hospitalization. These individuals are offered a space to receive
holistic, evidence-based care in support of their values, helping them to re-enter the world to
pursue their educational, creative, and professional goals. It should be noted that Jubilee is a
designated bona fide farm and is already offering these farm-based mental health care services
at the identified location (1009 Hi Mar Lane). Currently, these services are billed to insurance as
“office-based”, as opposed to “facility-based,” which can only be billed from a licensed facility.
The insurance rate for office-based IOP is not adequate to sustain the organization financially,
particularly as we pay a living wage to all employees. We are seeking this special use permit for
the existing space to receive a fire inspection from the Orange County Fire Marshal, which was
previously denied due to the current bona fide farm status. The fire inspection will allow
licensure for the program, which is currently operating as an office-based service. Licensure
would, in turn, allow Jubilee to seek facility-based contracts with insurers. Many insurers do not
cover office-based IOP or pay a rate that is ¼ of that provided for facility-based billing. The SUP
and subsequent fire inspection and license would make our services available to a wider range
of clients, including those with Medicaid, with whom we cannot contract without a license. There
is a notable lack of mental health day treatment services for Medicaid clients in Orange County,
and the SUP will allow us to care for an underserved population.
Proposed Land Use
We are seeking a special use permit to operate a care facility in the AR/RB/R1 zoning districts.
Services
Jubilee offers ambulatory day programs for adults to support their mental health and
well-being. Notably, Orange County currently has one other facility offering in-person intensive
outpatient clinical services. That program is located at the intersection of I-40 and Highway 54
and does not offer outdoor content or cooking, nor does it have a specialized program for young
adults.
Our clinic currently offers two distinct programs. The first is a day program tailored for
young adults whose lives have been interrupted by mental illness and substance abuse. These
Exhibit B SUP Site Narrative
37
young adults have had their professional and educational trajectories derailed and have
frequently just completed psychiatric hospitalization. Jubilee provides evidence-based group
therapy in a safe setting with peers. In addition, clients participate in a number of special
activities such as yoga, art, music therapy, cooking, and plant and animal care. Clients prefer
our services because the care model includes time in the outdoors and the approach is holistic.
Our clients and their families prefer Jubilee because of our personalized service and
beautiful setting. One client’s parent stated of their daughter, “We appreciate you all so much.
She has just never gotten such personalized care.” This individual was hospitalized
continuously for two years and is now working in the community and considering returning to
college. Our team does not give up on clients, even after they complete their time with us. We
have an alumni group weekly where individuals who have graduated from the program return to
Jubilee to socialize and spend time in nature. For many, the alumni group is the principal social
event of their week. We are committed to building a healing community to serve the Triangle
and have begun that journey. We seek a special use permit to continue and deepen that work.
Outdoor Space and Conservation
Jubilee works on an existing farm and has enhanced care of the land. We have
specifically planted 115 blueberry bushes, 70 blackberry bushes, and 23 fruit trees in the past
year. Our farm is also home to five angora goats and three angora rabbits with fiber work
integrated as a core aspect of client care in the winter months. As previously noted, we are also
planting a food forest in conjunction with the community as part of a Climate Change Action
Grant from Orange County. We are participating in a forest management plan created for our
bona fide farm status. Our program follows permaculture principles, a set of ethical guidelines
for the creation of thriving agroecosystems to support humans and non-humans. Without the
beautiful forest, singing birds, floating butterflies, and buzzing bees Jubilee cannot heal our
clients. We believe that their healing is dependent upon the health of this land.
Business Site
Jubilee’s clinical services are land-based. Wherever possible, groups are held outdoors
or in our gazebo among the fruit trees. Jubilee has an indoor, renovated barn space that is
designed to support groups, cooking, and movement. The barn’s construction predates Drs. Ken
and Joanne Wilson’s purchase of the land in 2023, and it was renovated for Jubilee’s clinical
services in the winter of 2023-2024. At that time, a septic field was installed, and a well was dug
with the addition of running water to the land. Our building meets ADA standards with an
accessible bathroom and large doors to allow wheelchair access. In addition, we have a
high-quality, centrally monitored fire alarm system. The building has central heating and air
conditioning.
Jubilee is currently focused on optimizing the use of our existing space. In the next five
to ten years, we could envision building an additional clinical building should our practice grow,
and we would thus like to designate a small 0.5-acre portion of the land as a building envelope.
Any additional buildings would be constructed with ecological design, focusing on minimizing
environmental impact and using ecologically sustainable materials.
38
Mitigating Potential Impact on Neighbors
The most significant impact on our neighbors has been increased traffic on Dodson’s
Knoll Rd. We have had many discussions with neighbors about this issue. The concerns are
two-fold. First, the wear and tear on the road leads to more frequent and higher upkeep costs. In
the first year of Jubilee’s operation, before the arrival of clients and before using the road very
much at all, we paid 50% of the cost of adding new gravel to the road, installed five speed limit
signs, and had numerous conversations with neighbors about these concerns. We have agreed
to pay 95% of road maintenance costs moving forward and are collaborating on an updated
road maintenance agreement with our neighbors, codifying this commitment. We have offered to
install speed bumps as this seems the most effective way to limit speed on the driveway, but
that offer has not yet been accepted.
Second, there is concern about the increase in traffic and its impact on the quality of life
for one neighbor who enjoys sitting on her porch. Currently, the road is used by ten to twenty
clients per day, plus four to five staff. When individuals drive quickly, this sometimes causes
increased dust to move towards our neighbor’s home. We have proposed speed bumps as a
mechanism to ensure that nobody drives too quickly, and we also verbally instruct clients seen
driving quickly to slow down.
Notably, granting the special use permit will not change current road use volumes. The
traffic volume is significantly lower than it might be for other bona fide farm usages, such as a
family fun farm welcoming hundreds of guests each weekend. Our goal is to minimize the
impact on our neighbors while continuing to serve clients who need high-quality, holistic mental
health services.
About the Business Owner
Dr. Nora Dennis, M.D., M.S.P.H., D.F.A.P.A., is a local mental health advocate and leader who
has been a Duke faculty member since 2014. Dr. Dennis is an Orange County native. She grew
up in Chapel Hill, NC, and attended the North Carolina School of Science and Mathematics. Dr.
Dennis attended UNC Chapel Hill as a Morehead Scholar, where she was Phi Beta Kappa,
received the Morris K. Udall Scholarship, and was on the Dean’s List every semester. She
graduated with highest honors, receiving the Honigmann Award for her Anthropology Honors
Thesis. Dr. Dennis attended Duke University School of Medicine as a Nanaline H. Duke Scholar.
She received the Rotary Ambassadorial Fellowship to work with Save the Children in Mali. In
medical school, she also completed a Master of Science in Public Health from UNC-Chapel Hill.
She graduated from Duke University School of Medicine as a Dean’s Award recipient for her
humanitarian work supporting resources for prenatal care in Mali. Dr. Dennis completed her
psychiatry residency at Duke University Hospital, where she was Chief Resident, leading a
number of administrative and educational projects for the residency. She was a medical director
for Psychiatric Emergency Services at the Durham VA Medical Center and founded a clinical
program for adult veterans with treatment-resistant psychosis. Dr. Dennis moved to work at
Monarch where she led statewide behavioral health services for individuals with mental health
and intellectual and developmental disabilities. During the pandemic, Dr. Dennis moved her
focus to working in healthcare payment systems and worked as the Lead Medical Director for
Behavioral Health at Blue Cross and Blue Shield of North Carolina. While there, she led
numerous initiatives for expanding the quality of behavioral health services and increasing
39
access to behavioral health care with measurable increases in utilization of mental health
services for BCBS NC’s 4 million members. She was honored to be named a Distinguished
Fellow of the American Psychiatric Association in 2024.
While leading behavioral health services at Blue Cross and Blue Shield, Dr. Dennis noticed the
profound lack of intermediate care services across North Carolina. This level of care supports
individuals who have just been discharged from the hospital to improve their odds of success in
life after diagnosis with a severe mental illness. She had a dream one night of holistic, intensive
mental health services offered in a farm-based setting. At that time, she had been offered a
large sum of money should she remain in her current role for another three years, part of a
corporate employee retention program. Dr. Dennis chose to leave BCBS and found Jubilee
instead, giving her professional energy to create a new, holistic model of clinical care to support
the thriving of fellow citizens in Orange County. Notably, Jubilee has provided seven jobs in
Orange County thus far, as well as offering a space of safety and healing for Orange County
residents. Jubilee has provided peer support specialist training for two employees, allowing
them to increase their earnings by almost 40% per hour.
Sustainability and Longevity
Jubilee is designed to be a longstanding, holistic mental health care center that is life-enhancing
for this community. Dr. Dennis’s parents and 100-year-old grandmother live and own land
locally, her children attend school in Orange County, and she is fully committed to this land and
this community. Jubilee is a labor of love whose apotheosis would entail the farm component
providing intergenerational healing space and our clinical program working over decades to
bring thousands back from the isolation and despair of severe mental illness to meaningful life in
community with others. The special use permit and subsequent facility licensure will allow this to
be possible as our long-term financial viability is dependent upon facility-based contracting with
insurers. We would be profoundly grateful for the Orange County Board of Adjustment’s support
of our vision for this land.
40
Jubilee Integrated Wellness Care Facility Special Use Permit
Standards
Requirement Response
Where a State license is required to operate the
facility, evidence that the minimum requirements to
qualify for said license have been, or will be, met
shall be submitted.
Jubilee Integrated Wellness has met all licensure
requirements for a day program license, aside from
the walk-through. We have a walk-through for our
location at 202 Millstone Rd, Hillsborough, NC
27278, scheduled for October 15. Questions about
this can be answered by Natalie Haith-Edwards,
Licensure & Training Consultant, NC DIvision of
Health Services Regulation.
natalie.haith-edwards@dhhs.nc.gov In order to
meet standards for 1009 Hi Mar Lane, we would
require only a fire inspection and walk-through.
A floor plan of the proposed facility, showing the use
and dimensions of each room and the location of
entrances and exits. This has been provided.
Facilities involving the care of children and
adolescents shall be located in an area which is free
from conditions dangerous to the physical and moral
welfare of the children. Our facility only provides care for individuals 18+
There is direct frontage and access on a public
State-maintained road.
Jubilee Integrated Wellness is located off of a
private road (Dodson's Knoll Road) that sits
between our facility and Dairyland Road. Our
facility has an easement to ensure that there is
access to the space. Jubilee Integrated Wellness
has ensured that Orange County Emergency
Services can access it. This ensures access to the
space and the safety of clients in case of an
emergency. In addition, Jubilee Integrated
Wellness paid for 50% of the cost of maintaining
the road in the first 6 months after our arrival,
despite its not having been maintained for ten
years prior, and has committed to paying for 95%
of all future improvements to the private road.
Orange County's UDO defines "Frontage, Lot Line"
as "The distance measured along the designated
front lot line or public or private right-of-way or
easement, as determined by the Planning Director,
which affords vehicular access to the property
between the points of intersection of the side lot
lines with such right-of-way or easement. For the
purposes of this definition, businesses have only
41
one frontage." Based on this definition, 1009 HI
Mar Lane has "direct frontage and access on a
public State-maintained road" because there is
direct "access" via Hi Mar Lane and Dodson Knoll
Road, and the property has direct "frontage" via the
private right-of-way or easement affording
vehicular access to the property.
Adequate access to and from the site as well as
adequate space off the road right of way, is provided
for the safe pick up and discharge of clients and is
provided in such a manner that traffic generated by
the facility is not disruptive to adjacent residentially
developed properties.
Access to and from the site is provided adequately,
and there is ample space for pickup on site. Traffic
to and from the facility has been identified as
non-disruptive by a traffic impact study, included in
our application materials.
All client pick up and drop offs shall be on site, with
proper vehicle stacking area equivalent to three
cars.
This condition is met. Our care facility has ample
parking. Clients are adults who do not have
developmental disabilities and almost all drive their
own vehicles.
The site plan shall show how the facilities will be
screened from adjacent properties. A Type-B,
30-foot buffer shall be provided around the facility
and outdoor area in accordance with Section 6.8.6.
These buffers will effectively screen the view of any
outdoor area, and reduce noise associated with the
facility.
The facility is 252 feet from the residence to the
east, 220 feet from the residence to the northeast,
322 feet from the facility to the south, and 429 feet
from the residence to the west. Between the facility
and adjacent properties, there is a garden and fruit
trees to the south and east. To the north, there is a
large grove of mature pines, and to the east, there
is a large grove of pines and a field of blueberries
and blackberries. We believe that this constitutes a
sufficient buffer.
Each facility is required to provide a minimum of 75
square feet of outdoor space for every client in care.
This space may not be located in a required buffer
or in an area, which is used or reserved for use as a
sewage disposal nitrification field.
Our facility cares for a maximum of ten clients at
any one time. Our fenced outdoor space is
52,726.6 square feet. We have 5272.6 square feet
per client.
Fencing and/or screening is to be provided which
ensures the protection of the clients receiving care
and protects adjacent residentially developed
properties from trespass.
Deer fencing and tree screening protect adjacent
properties from trespass.
All gates shall be self-closing and self-latching.
Gates are being updated by Triple D Fencing to
meet this requirement. This work will be complete
no later than November 1.
42
Each facility approved by the Board of Adjustment
shall be reviewed annually by the Planning Director
to ensure compliance with the standards of
evaluation for such facilities and any conditions
attached to the application by the Board of
Adjustment. Any change in the operation of the
facility, which deviates from the original standards
and conditions will constitute a modification and will
require the approval of the Board of Adjustment. In
determining whether a change in the operation of
the facility has occurred, the Planning Director shall
be guided by the procedures and criteria contained
in Sections 2.7.14 and 5.8.2(B).
We look forward to the annual inspection by the
planning director. We will keep the board aware of
any changes to the operation of the facility.
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47
EXHIBIT F
Proposed Order
FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT
PERTAINING TO A REQUEST SUBMITTED BY
DR. NORA DENNIS
PROPOSING A CARE FACILITY USE
ON PROPERTY LOCATED AT 1009 HI MAR LANE, HILLSBOROUGH, NC
Subject Property: 1009 Hi Mar Lane, Hillsborough, NC 27278
Parcel ID No.: 9850-09-3606
Property Owner(s): Ken Wilson & Joanne Wilson
Applicant: Dr. Nora Dennis
Proposed Special Use: Care Facility
At its regular meeting on [INSERT DATE], after conducting a duly advertised evidentiary
hearing, and after considered the above-referenced Special Use Permit Application, the
application materials, staff report, exhibits, testimony, and other information presented
during the evidentiary hearing on the Application, the Orange County Board of Adjustment
voted __ to __ to APPROVE a Special Use Permit authorizing the Subject Property to be
used as a Care Facility.
Findings of Fact
1. The Subject Property is located at 1009 Hi Mar Lane, Hillsborough, NC 27278 (Orange
County Parcel ID No. 9850-09-3606) (the “Subject Property”).
2. Pursuant to a deed recorded in Orange County Registry Book 6814 at Page 1279, the
Subject Property is owned by Ken Wilson and Joanne Wilson (the “Owners”).
3. The Special Use Permit Application (the “Application”) submitted in this case was submitted
by Dr. Nora Dennis (the “Applicant”). The Owner has consented to the submission of the
Application by the Applicant.
4. The Application was submitted on the proper form, and all required application fees were
paid.
5. The Application proposes to use the Subject Property as a Care Facility, which is a special
use pursuant to the UDO.
6. At its duly noticed meeting on [INSERT DATE], the Orange County Board of Adjustment (the
“BOA”) opened an evidentiary hearing on the Application and heard and considered the
evidence submitted by the Applicant.
7. The Application, Staff Report, and all accompanying materials were entered into the record.
8. An appropriate oath was administered to each witness providing testimony to the BOA.
9. The BOA accepted Mr. John McPhaul, III as an expert witness in the field of real property
valuation and appraisal on the basis that:
a. Mr. McPhaul is a licensed real estate appraiser.
b. Mr. McPhaul has considerable professional experience and education in the field of
real estate valuation.
48
c. Mr. McPhaul has been practicing as a licensed real estate appraiser in Orange
County and the surrounding area for more than thirty years.
d. Mr. McPhaul’s specialized technical knowledge will assist the BOA in understanding
the evidence and the impact, if any, that the proposed special use will have on the
value of contiguous properties.
10. The Applicant presented competent, material, and substantial evidence tending to establish
that each of the Specific Standards, described in UDO Sec. 5.3.2(B), are or will be met, as
follows:
a. The Applicant presented documentary evidence in the form of a Wastewater
Operation Permit and County Well Certificate evidencing the fact that the Specific
Standard 5.3.2(B)(1) is met and the proposed special use adequately addresses the
provision of sewage disposal facilities, solid waste disposal, and water.
b. The Applicant presented documentary evidence in the form of emails from the
Orange County Fire Marshal and Orange County Emergency Services evidencing
the fact that Specific Standard 5.3.2(B)(2) is met and the proposed special use
adequately addresses the provision of police, fire, and rescue squad protection.
c. The Applicant presented documentary evidence in the form of a Trip Generation
Letter from a licensed traffic engineer evidencing the fact that Specific Standard
5.3.2(B)(3) is met, and the proposed special use adequately addresses the provision
of vehicular access to the site and traffic conditions around the site.
d. The Applicant presented documentary evidence and testimony by Dr. Nora Dennis
evidencing the fact that all other Specific Standards applicable to Care Facility
special uses, including but not limited to those in UDO Sec. 5.8.2, have been or will
be met.
e. The Applicant presented evidence that the Subject Property has access to Dairyland
Road, which is a State-maintained road, via Hi Mar Lane and Dodsons Knoll Road.
The Applicant presented documentary evidence in the form of an executed and
recorded Amended Declaration of Restrictions and Provisions for Private Road
Maintenance agreement, recorded in Orange County Registry Book 6104 at Page
302, guaranteeing the Applicant’s right of access over Hi Mar Lane and Dodsons
Knoll Road and to Dairyland Road.
11. The Applicant presented competent, material, and substantial evidence tending to establish
that each of the General Standards, described in UNDO Sec. 5.3.1(A)(2), are or will be met,
as follows:
a. The Applicant presented documentary evidence in the form of testimony by Dr. Nora
Dennis evidencing that General Standard 5.3.2(A)(1)(a) is met and the proposed
special 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 because the proposed Care Facility use is specifically intended to promote
the public health, safety, and welfare. Dr. Dennis also testified that approval of the
Application and the proposed special use will not materially change the design or
operation of the Property because the Property is already developed and use for the
same purpose under the bona fide farm zoning exemption, and the Application has
been submitted solely to facilitate additional licensure for the facility.
49
b. The Applicant presented documentary evidence in the form of a Value Impact
Analysis Report and expert testimony by Mr. John McPhaul, a licensed real estate
appraiser, evidencing the fact that General Standard 5.3.2(A)(2)(b) is met and the
proposed special use will maintain or enhance the value of contiguous property.
c. The Applicant presented evidence in the form of testimony by Dr. Nora Dennis
evidencing that General Standard 5.3.2(A)(2)(c) is met and the location and
character of the proposed special 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
the UDO and the County’s Comprehensive Plan because the approval of the
Application and the proposed special use will not materially change the design or
operation of the Property because the Property is already developed and use for the
same purpose under the bona fide farm zoning exemption, and the Application has
been submitted solely to facilitate additional licensure for the facility.
12. No competent, material, and substantial evidence to the contrary was presented on the
record.
Conclusions of Law
1. Based on the competent, material, and substantial evidence present in the record, the
proposed special use satisfies the General Standards found in Section 5.3.2(A)(2) of
the UDO. Further, the proposed special use satisfies the Specific Standards found in
Sections 5.3.2(B) and 5.8.2 of the UDO.
ACCORDINGLY, based on the foregoing, the Orange County Board of Adjustment
hereby APPROVES the Application and authorizes a Care Facility special use to be
operated on the Subject Property, subject to the following condition:
1. This approval shall remain valid and effective for so long as the Applicant and any
successors-in-interest to the Subject Property maintain a legally enforceable right-of-
access or easement over Hi Mar Lane and Dodsons Knoll Road to Dairyland Road.
This the ___ day of ______________, 2025.
__________________________________
Leon Meyers, Chair
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Page 1 of 5
Orange County Planning & Inspections Department
131 W. Margaret Lane, Suite 200, Hillsborough, NC 27278
919-245-2575 or planningapps@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 UDO.
Date: ____________________
Contact Information*
Property Owner(s):
Mailing Address:
Phone: Email:
Applicant (if different than property owner):
Mailing Address:
Email: Phone:
I. Property Information*
Parcel ID Number (PIN):
Address:
Acreage: Township:
Zoning District:
Watershed Overlay:
Other Overlay:
II.General Site Information*
A. Adjacent Property
Zoning North: South:
East: West:
Land Use North: South:
East: West:
B. Topography
Highest Elevation:
Lowest Elevation:
General direction of slope:
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Page 2 of 5
Estimated % of property with:
0 – 5% slope:
5 – 15% slope:
15 – 25% slope:
More than 25% slope:
C. Water Features and Drainage
The following water features are located on the property:
Streams Wetlands Ponds Drainage Easements Special Flood Hazard Area
Describe
(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:
B. Number of lots:
C. Number of structures:
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Page 3 of 5
D. Estimated square footage of area to be graded for development of attached residential units
(excluding roads, but including parking areas)
E. Estimated square footage of area to be graded for non-residential use (excluding roads)
F. Estimated area to be graded for roads
Road type: Public Private
Class A
Class B
Total road length:
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 generated:
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 place?
How will materials be transported to the disposal site?
What measures are proposed to protect water quality and air quality in case of
spills?
53
Page 4 of 5
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
Has a NPDES permit from the NC Division of Environmental Quality been issued?
Yes No
F. Water Usage
Estimated number of employees: x 25 gallons per day (gpd) = ______ gpd
Estimated water use for climate control = 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:
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Page 5 of 5
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.
___________________________________________________ ___________________________________________________
Applicant Date
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58
59
60
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DRMP, Inc.
8210 University Executive Park Drive
Suite 220, Charlotte, NC 28262
1 | Page
October 6, 2025
Cy Stober
Orange County Planning and Inspections Director
131 W. Margaret Lane, Suite 201
PO Box 8181 Hillsborough, NC 27278
P: 919-245-2592
E: cstober@orangecountync.gov
Reference: Jubilee Clinic – Hillsborough, NC
Subject: Trip Generation Letter
Dear Mr. Stober:
This letter provides a trip generation summary as requested as a part of the special use permit (SUP)
application for the Jubilee Clinic at 1009 Hi Mar Lane in Hillsborough, North Carolina. It is our
understanding that with the SUP, clinic operations are technically able to be expanded in the future.
Although this expansion is technically allowed, the clinic is not planning to immediately expand
operations at this time. Access is proposed to be maintained as a full-movement access via Dodsons
Knoll Road along Dairyland Road.
Study Area Roadway Summary:
Existing speed limits, typical cross sections, and annual average daily traffic (AADT) volumes for
roadways adjacent to the site are summarized in Table 1.
Table 1: Existing Roadway Inventory
Road Name Route
Number
Typical Cross
Section Speed Limit 2023 AADT
(vpd)
Dairyland Road SR 1177 2-lane
undivided 50 mph 950
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2 | Page
Trip Generation:
Average weekday daily, AM peak hour, and PM peak hour trips for the proposed potential expansion of
the existing development was estimated using methodology contained within the ITE Trip Generation
Manual, 11th Edition. It should be noted that based on NCDOT’s Rates vs. Equations sheet, square
footage is the preferred independent variable. In this case where only the staff is expected to increase,
“employees” was used as the independent variable. Refer to Table 2 for the site trip generation
potential for the site.
Table 2: Trip Generation Summary
Land Use
(ITE Code) Intensity
Daily
Traffic
(vpd)
Weekday
AM Peak Hour
Trips (vph)
Weekday
PM Peak Hour
Trips (vph)
Enter Exit Enter Exit
Clinic
(630) 5 Employees 164 8 2 7 11
It is estimated that the increase in staff will generate 164 total site trips on the roadway network
during a typical 24-hour weekday period. Of the daily traffic volume, it is anticipated 10 trips (8
entering, 2 exiting) will occur during the weekday AM peak hour and 18 trips (7 entering, 11 exiting)
during the weekday PM peak hour. It should be noted that the staff expansion, if it were to occur, is
expected to generate significantly fewer trips than ITE suggests based on coordination with the owner
and current operations.
The anticipated trips for the proposed potential expansion of the existing site are expected to be less
than the typical threshold the North Carolina Department of Transportation (NCDOT) supports for
requiring a Traffic Impact Analysis (TIA) (3,000 trips per day). Orange County’s (County) Unified
Development Ordinance (UDO) supports a threshold of 800 trips per day to require a TIA. The
proposed expansion of the existing site is anticipated to be under the daily thresholds to require a TIA
by both NCDOT and the Town.
With the clinic expansion added to the roadway network, AADT along Dairyland Road is not expected
to exceed 1,200 vehicles per day. NCDOT can typically require turn lanes once a roadway exceeds
4,000 vehicles per day. With the existing low AADT and minimal traffic being generated by the clinic,
acceptable operations are expected at the access, and no turn lanes are expected to be warranted.
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3 | Page
Findings and Summary:
Based on the results of the trip generation for the expansion of the existing development, a TIA is not
warranted given the small scale of the development. Due to the minimal amount of proposed site
traffic, the development is not expected to have a negative impact on the surrounding roadway
network.
Further coordination with the County may be needed to determine future right-of-way dedication along
the site’s frontage. If you should have any questions, please feel free to contact me at (704) 220-
6859.
Sincerely,
10/06/2025
Dyron Capers, PE
Traffic Analysis Project Manager
DRMP, Inc.
License #F-1524
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WWWUGARDENAREAGARDENAREAW I R E F ENCE
GREEN-HOUSESHEDSHEDEXISTING METALBUILDING(FFE=661.88')(HEIGHT= 19.16')GRAVEL DRIVECONC. PADAND WALKWATERTANK (TYP)WELLUNKNOWNUTILITYPOND99.72'182.61'GAZEBO1 2 9 .1 7 '
D O D S O N K N O L L R OAD(E X I S T I N G 6 0 ' PRIVATE R/W)60.00'60.00'AR ZONINGRB ZONINGAR ZONINGUNIVERSITY LAKEPROTECTEDCANE CREEKPROTECTEDAPPROXIMATE ZONING LINESPER ORANGE COUNTY GIS640'665'660'650'655'645'675'680'670'6 8 0 '675'6 7 0 '660'665'645'655'650'640'665'660'665'655'660'665'665'PROPOSED FUTURE BULDING SITETOTAL AREA: 56,451 SF / 1.296 ACLOT 6N/FPEGGY M. RITCHDB 5187 PG 468PB 108 PG 167LOT 1N/FJUSTIN LORMANDSARA LORMANDDB 6815 PG 499PB 126 PG 34N/FJOSEPH A. CIMADB 6857 PG 1389PB 26 PG 149N/FPERRY GENOVAMIMI KIMDB 6832 PG 2088PB 109 PG 108N/FBRIAN L. DODSONDB 5160 PG 11PB 88 PG 17LOT 3N/FROBIN L. DODSONDB 5268 PG 134PB 109 PG 108S 79°54'18" E 103.23'S 79°04'38" E 115.66'S 0 2 °0 9 '42" E 214.02'S 85°23'23" W 392.95'N 61°50'52" W 175.57'S 79°54'18" E 631.23'S 85°21'46" W 211.94'S 02°58'05" W 402.89'N 03°12'37" E 163.93'N 06°52'05" E 402.95'30.00'30' LANDSCAPEBUFFERPROPOSED 18'DIAMETER PERGOLAPROPOSED12'X15' POND1 8 'CANE CREEKPROTECTEDHAW RIVERUNPROTECTEDUNIVERSITY LAKEPROTECTEDR1 ZONINGHAW RIVERUNPROTECTEDAPPROXIMATE WATERSHEDBOUNDARY PER ORANGECOUNTY GISP R O P O S E D 9 'x 2 0 '
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(E X IS T IN G 6 0 ' P R IV A T E R /W )S 3 4 °1 0 '3 9 " E 1 1 0 .8 2 'VICINITY MAP (NOT TO SCALE)0'25'100'50'SCALE: 1" = 50'FORJUBILEE INTEGRATED WELLNESS - SPECIAL USE PERMITPROPOSED USE: "CARE FACILITIES"LOT 5 - SURVEY FOR MARY W. DODSON, HEIRSDB 6814 PG 1279 - PB 108 PG 67 - BINGHAM TOWNSHIPORANGE COUNTY, NORTH CAROLINAPARTIAL LOT SURVEY & SITE PLANSCALE: 1" = 50'SURVEY BY: ASDATE: 04/18/2025DRAWN BY: DK1009_HiMarLn.dwgPROJECT # 25-045500 NICKS BEND EASTPITTSBORO, NC 27312drakekinsaul@gmail.comMOBILE (919) 452-9490GENERAL NOTES1) NO UNDERGROUND UTILITIES WERE LOCATED DURING THISSURVEY.2) ALL MEASUREMENTS SHOWN ARE HORIZONTAL GROUNDDISTANCES.3) ALL AREAS SHOWN ARE CALCULATED BY THECOORDINATE METHOD.4) THE PURPOSE OF THIS MAP IS TO SHOW AN EXISTING METALBUILDING AND PROPOSED FUTURE DEVELOPMENT SITE THAT ISTO BE USED AS A "CARE FACILITY" FOR MENTAL HEALTHTREATMENT, IN ORDER TO OBTAIN A SPECIAL USE PERMIT.5) THIS MAP DOES NOT REPRESENT A FULL BOUNDARY SURVEYAND IS FOR PLANNING PURPOSES ONLY.6) COUNTOUR LINES SHOWN ARE PER ORANGE COUNTY GIS ASARE THE ZONING DISTRICT LINES.7) FUTURE DEVELOPMENT IS SUBJECT TO DEVELOPMENTSTANDARDS ESTABLISHED IN THE ORANGE COUNTY UNIFIEDDEVELOPMENT ORDINANCE.8) BOTH THE EXISTING METAL BUILDING AND PROPOSEDFUTURE DEVELOPMENT ARE TO BE USED AS "CARE FACILITIES"FOR MENTAL HEALTH TREATMENT.PROPERTY DATACURRENT OWNER: KENNETH H. WILSONJOANNE A.P. WILSONSITE ADDRESS: 1009 HI MAR LANE HILLSBOROUGH, NC 27278PIN: 9850-09-3606CURRENT ZONING: AR, R1 & RB (SPLIT ZONING)TOTAL AREA: 9.67 ACRESSURVEY REFERENCESDEED BOOK 6814 PAGE 1279 (CURRENT)PLAT BOOK 108 PAGE 67 (CURRENT)PLAT BOOK 126 PAGE 34PLAT BOOK 109 PAGE 108PLAT BOOK 88 PAGE 17BUILDING SETBACKS (RB)FRONT FROM R/W - 40'REAR - 20'SIDE - 20'ABBREVIATIONSAC ACRE(S)BC BACK OF CURBBM BOOK OF MAPSDB DEED BOOKEP EDGE OF PAVEMENTEIP EXISTING IRON PIPEN/F NOW OR FORMERLYPB PLAT BOOKPG PAGEP.S. PLAT SLIDER/W RIGHT-OF-WAYSF SQUARE FEETTYP TYPICALSIP SCREENED IN PORCHCPEXISTING IRON PIPELEGENDEIPCOMPUTED POINTSEWER CLEANOUTELECTRIC TRANSFORMERHVAC UNITGAS METERWATER METERTELEPHONE PEDESTALELECTRIC METERCABLE TV PEDESTALMAILBOXGWPL NOT SURVEYEDPROPERTY LINE (PL)SETBACK LINERIGHT OF WAY LINEIRON ROD SET (5/8" REBAR)IRS"I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEYMADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK SEE, PAGEREFERENCES OR OTHER REFERENCE SOURCE__________________); THAT THE BOUNDARIES NOTSURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN BOOK SEE, PAGE REFERENCESOR OTHER REFERENCE SOURCE__________________; THAT THE RATIO OF PRECISION ORPOSITIONAL ACCURACY IS 1 : 10,000 +; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THESTANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56. 1600)THIS 24 DAY OF OCTOBER , 2025.____________________________________________PROFESSIONAL LAND SURVEYORLICENSE NUMBER L-5268DAIRYLAND RDDODSONS XROADSDODSONKNOLL RDHI MAR LNSITEN.C. GRIDE - NAD83 (2011)BUILDING SETBACKS (AR)FRONT FROM R/W - 40'REAR - 20'SIDE - 20'BUILDING SETBACKS (R-1)FRONT FROM R/W - 40'REAR - 20'SIDE - 20'IMPERVIOUS SURFACE LIMITSHAW RIVER UNPROTECTED: N/AUNIVERSITY LAKE PROTECTED: 12%CANE CREEK PROTECTED: 12%EXISTING IMPERVIOUS SURFACEMETAL BUILDING: 2,000 SFCONCRETE PAD/WALK: 462 SFGRAVEL DRIVE: 7,071 SFSHEDS/GAZEBO: 450 SFTOTAL: 9,983 SF OR 2.37 %**NOTE: THIS MAP HAS BEEN UPDATED ON 10-24-2025 TO ACCURATELY REFLECT THE3 WATERSHED BOUNDARIES AND UPDATE THE IMPERVIOUS SURFACE LIMITS.74
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September 12, 2025
OTICE OF EIGHBORHOOD IFORMATIO MEETIG (IM)
Special Use Permit: SUP25-0016 - Jubilee Integrated Wellness
To Whom It May Concern:
We (the applicant) have submitted a Special Use Permit Application proposing to develop property
located at the intersection of 1009 Hi Mar Lane, Hillsborough, NC 27278 (PIN 9850093606) for a
care facility. Per Section 2.9 Conditional Districts 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:
What is being proposed?
Jubilee is seeking this special use permit for the existing facility to receive a fire inspection from
Orange County Fire Marshal, which was denied due to the current bona fide farm status. The fire
inspection will allow licensure for the program, which is currently operating as an office-based
service. Licensure would, in turn, allow Jubilee to seek facility-based contracts, making our
services available to a wider range of clients including those with Medicaid or Medicare. Our
priority is serving those in need of holistic, farm-based care and the special use permit will allow
us to do so.
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.
When and where is the meeting?
Property Information
Parcel ID Numbers (PIN)9850093606
Owner Ken and Joanne Wilson
Applicant Nora Dennis
Location 1009 Hi Mar Lane, Hillsborough, NC 27278
Acreage 9.67
Zoning RB, AR, R1
Watershed Designation Haw River, Cane Creek, University Lake
Meeting Information
Date September 28, 2025
Time 9:00 AM
Place Jubilee Healing Farm
Address 1009 Hi Mar Lane, Hillsborough, NC 27278
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***
After the NIM, this proposal will go on to the Planning Board for review and recommendation to
the Board of County Commissioners. The Board of County Commissioners will then hold a public
hearing to make a final decision on the application. You will also receive a letter regarding when
those meetings will take place and at what time.
If you have any question regarding this project, feel free to reach out to us, my contact information
is listed below.
Best Regards,
Nora Dennis
Phone: 984-310-8667
Email: nora@jubilee.clinic
Assigned Planner
Taylor Perschau, Current Planning and Zoning
Supervisor
Email: tperschau@orangecountync.gov
Phone: (919) 245-2597
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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: SUP25-0016 - Jubilee Integrated Wellness
Approximate Location (or Address):1009 Hi Mar Lane, Hillsborough, NC 27278
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) September 14, 2025. A photo of the
sign posted is recommended to be attached to this form.
The meeting was held at the following time and place: 1009 Hi Mar Lane, Sunday September
28, 9:00 AM
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):
The scope of the SUP project was discussed at the meeting. The nature of Jubilee, the client
population, and the organizational mission were discussed. There was discussion of the building
envelope and its purpose. The group discussed traffic on Dodson’s Knoll Road, which was a
source of concern to several parties present. One neighbor discussed grievances around the
removal of trees that she believed were on her land, and that there was a fence on the property
line instead of five feet from the property line.
As a result of the meeting, the following changes were made to the project proposal (Attach
additional sheet(s) if needed): None
Date: September 28, 2025
Applicant: Nora Dennis, Jubilee Integrated Wellness
By: Nora Dennis, Jubilee Integrated Wellness
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.
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Attachment 4
PLANNING and INSPECTIONS
Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 W. Margaret Lane, Hillsborough, NC 27278 | 919.245.2575
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 a Care
Facility use on Orange County PIN 9850-09-3606 .
This notice informed those property owners within 1,000 of the subject property of the
proposed Special Use Permit application. The owners were identified according to the Tax
Records and as required by the UDO. The property was also posted with signage in
accordance with UDO Section 2.7.
The mailed notice specified the date, time, place and subject of the Evidentiary Hearing
and provided information on the Special Use Permit review process.
WITNESS my hand, this 29th day of October 2025.
____________________________________________
Taylor Perschau
Current Planning and Zoning Manager
Orange County Planning and Inspections Department
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PLANNING and INSPECTIONS
Cy Stober, AICP, Director | cstober@orangecountync.gov | 131 W. Margaret Lane, Hillsborough, NC 27278 | 919.245.2575
October 29, 2025
NOTICE OF BOARD OF ADJUSTMENT EVIDENTIARY HEARING
TO REVIEW A SPECIAL USE PERMIT APPLICATION PROPOSING
A CARE FACILITY
Dear Property Owner:
This notice is to inform you of a November 12, 2025, Board of Adjustment meeting, at which an
application for a Special Use Permit at 1009 Hi Mar Lane, Chapel Hill, NC (PIN: 9850-09-3606)
will be reviewed in an evidentiary hearing. The +/-9.67-acre parcel is located within the
Bingham 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
(BOA) at 7:00 p.m., November 12, 2025 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.
The matter will be considered at a quasi-judicial hearing presided over by the BOA. While the
meeting is open to the public, participation and testimony is generally limited to
individuals/parties with legal standing, as established by State law and reflected in Sections 2.12
and 2.26 of the UDO.
If you wish to speak and/or establish your legal standing in the case, we strongly recommend that
you complete the enclosed Statement of Standing form and e-mail the document to planning staff
at planningapps@orangecountync.gov in advance of the meeting. We also strongly recommend
that you seek legal advice/representation in the matter. Establishing legal standing is a formal
part of the evidentiary hearing process with a legal burden of proof on the requestor to establish
their standing and evidence that their evidence material(s) are legally relevant and applicable to
the case. Opinions, hearsay, and/or statements that are not competent, significant, and material to
the case will not be considered by the BOA.
The Special Use Permit application proposes to utilize the property to operate a Care Facility. As
presented by the application the proposed use would feature day programing for adults with
mental illness. Programming is detailed to include therapy, yoga, cooking, horticulture, and
animal care. This programming currently operates on-site as part of the property’s bona fide farm
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use. The applicant is seeking to establish the Care Facility as a non-farm use and subsequently
pursue fire inspections that would then allow the program to acquire state healthcare licensure.
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.
PROPERTY INFORMATION
Parcel ID Number (PIN) 9850093606
Owner Kenneth and Joanne Wilson
Applicant Dr. Nora Dennis
Location 1009 Hi Mar Lane, Chapel Hill
Acreage +/- 9.67 acres, all of which would be subject to
the Special Use Permit request
Current Zoning AR, R1, RB
Proposed Special Use(s) Care Facility
Watershed Designation Cane Creek Protected, University Lake
Protected, and Haw River Unprotected
If you cannot attend the BOA 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 & Inspections Director
Additional information, including all application materials and a staff report, is available on the
Orange County Planning Department’s website:
https://www.orangecountync.gov/3038/Active-Development-Projects or scan below:
Si desea servicios de traducción para esta carta y otros documentos relacionados con el caso/asunto;
y/o servicios de interpretación de idiomas en una reunión relacionada con este caso/asunto,
comuníquese con Current Planning Division al correo electrónico:
planningapps@orangecountync.gov o llame al 919-245-2575. Por favor, espere al menos 10 días
para que nuestro personal organice estos servicios.
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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: SUP25-0016 (Jubilee Integrated Wellness)
Location/PIN: 9850093606
Applicant: Dr. Nora Dennis
Staff Planner: Jack Moran, Planner I
DAC Meeting Date: 9-18-2025
Addressing and
Land Records Date: 9.10.25 Staff:
Britney Pendleton
brpendleton@orangecountync.gov
919-245-2576
1. In accordance with the PIN Ordinance, all surveys creating new parcels of land must be
depicted with full bearings and distances (meets & bounds), as well as a size for that
area described.
2. No comments from the addressing team
Attorney’s Office Date: Staff:
James Bryan
jbryan@orangecountync.gov
919-245-2319
1. None received.
Building
Inspections Date: 9/12/25 Staff:
Michael Rettie
mrettie@orangecountync.gov
919-245-2604
1. Provided the property remains in “bona fide farm” status any proposed construction
regulated by the NC Electrical Code will require a permit.
2. If property will no longer be classified as a bona fide farm exempt; any proposed
construction regulated by the NC State Building Codes will require permits.
DEAPR Date: Staff:
Chris Hirni
chirni@orangecountync.gov
919-245-2514
1. None received.
Environmental
Health Date: 2025/09/12 Staff:
Thomas Privott
Tprivott@orangecountync.gov
919-245-2374
1. The Health Department has records for this parcel.
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Erosion
Control Date: 9/16/2025 Staff:
Tyler Sliger
Tsliger@orangecountync.gov
919-245-2582
1. A land disturbance permit will be needed if the project proposes to disturb 10,000 sq.
Ft. Or over.
Fire and Life
Safety Date: 9/16/2025 Staff:
Stephen Smith
stesmith@orangecountync.gov
919-245-6151
1. Is this property “bona fide farm” status? If so our office will not be able to perform
inspections required for state licensure.
NCDOT Date: Staff:
David Genwright
digenwright@ncdot.gov
336-570-6833
1. This project appears to be proposed on Dodsons Knoll Rd which is a non state
maintained road. With no proposed new roads, no proposed utilities in the right
of way, low expected change in daily trips count, and low expected traffic
impacts, no NCDOT action or approval is required as long as the county or other
jurisdictions do not require an upgrade or change to the connection to Dairyland
Road.
Planning Date: 9-12-2025 Staff:
Jack Moran
jomoran@orangecountync.gov
919-245-2571
Current Planning Comments
1. Please revise Exhibit B to accurately reflect the three zoning districts in which the
subject property is located (AR/RB/R1).
2. Narrative currently details that “Jubilee has permission from Orange County Planning
and Zoning” to operate its current office-based services. Please revise to accurately
reflect that no permits or approvals have been granted for the existing use as the use is
currently operating as a bona fide farm use, which is exempt from County zoning per
NCGS 160D-903.
3. Please clarify the distinction between “office based” and “facility based” services noted in
the narrative. Staff understands the special use being requested is “Care Facility,” Use
#19 in UDO Section 5.2 Table of Permitted Uses.
4. Narrative and site plan note “proposed future building site.” Staff recommends preparing
a condition to be submitted as part of Exhibit E, Proposed Conditions that captures the
the proposed 0.5 acre portion being requested for that future building.
5. In the “Mitigating Potential Impact on Neighbors” portion of the narrative refers to a
“client’s home” when it seems “neighbor’s home” is intended.
6. Please advise how UDO Section 5.8.2(B)(1)(a) is being met. The language details:
“Where a State license is required to operate the facility, evidence that the minimum
requirements to qualify for said license have been, or will be, met shall be submitted.”
7. Please provide documentation to satisfy UDO Section 5.8.2(B)(1)(b). The language
details the submittal requirement as follows: “A floor plan of the proposed facility,
showing the use and dimensions of each room and the location of entrances and exits.”
8. Proposed Findings of Fact, Exhibit D reference that testimony will demonstrate
compliance with UDO Section 5.8.2, but staff does not find any submitted documentation
that reflects the same. Please provide evidence demonstrating how the application
meets the standards established for “Care Facilities.”
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9. Please provide materials to satisfy UDO Section 2.7.3(B)(6), elevations of all structures
proposed. Conceptual elevations of the proposed future building would be acceptable.
10. Staff understands the narrative referencing that the use is currently operating as a bona
fide farm use. This is accepted to satisfy UDO Standard 2.7.3(B)(9).
Site Plan Comments, UDO Section 2.5.3
11. Please revise title to clearly detail that the site plan is being submitted for Jubilee
Integrated Wellness Special Use Permit site plan.
12. Please revise to include proposed use: “Care Facilities” in the site data table.
13. Please add a note detailing “future development is subject to development standards
established in the Orange County Unified Development Ordinance.”
14. Please add note detailing impervious surface restrictions relevant to University Lake
Protected, Cane Creek Protected, and Haw River Unprotected.
15. Add note detailing traffic generated by the proposed use in trip/day.
16. Please provide note detailing the function of buildings to meet 2.5.3(k), specifically with
information detailing use of the existing metal building and the proposed future building.
17. Revise site plan to demonstrate compliance with UDO Table 6.9.7 which requires: “One
space per staff member and one space per five clients”
18. Please demonstrate how the application complies with UDO 5.8.2.(B), specifically (c), (f),
(g), (h). This includes the requirement for direct frontage and access to a State-
maintained road; a Type B 30 foot buffer around the facility and outdoor area; a
minimum of 75 sq. ft. of outdoor space per client; the provision of fencing and/or
screening.
19. Staff notes that UDO Section 6.8.3(A)(2) may be applicable given that existing gardens
and farmland are located within the required buffer and setback.
Long Range Planning Comments
The following Goals/Objectives of the 2030 Comprehensive Plan are applicable to this
application:
Planning Principle 7: PROMOTION OF ECONOMIC PROSPERITY AND DIVERSITY
Development of a diversity of new businesses and expansion of existing businesses
should occur in Orange County.
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.
Objective LU-2.1: Maintain the rural, low-density land surrounding Chapel Hill and
Carrboro Transition Areas as Rural Buffer land, as designated on the Land Use Plan.
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.
Objective LU-3.3: Discourage new intensive non-residential land uses, or the expansion
of existing intensive uses, in the area designated Rural Buffer.
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Solid Waste Date: Staff:
Matt Taylor
mtaylor@orangecountync.gov
919-918-4905
1.
Stormwater
Management Date: 09/12/25 Staff:
Christopher Sandt
csandt@orangecountync.gov
919-245-2583
1. The project is located within three (3) watersheds, inclusive of the Cane Creek Protected
Watershed Overlay District, the University Lake Protected Watershed Overlay District,
and the Haw River Unprotected Watershed Overlay District. The most stringent
watershed protection requirements of the three watersheds will apply, where applicable.
The submittal of a Stormwater Management Plan (SMP) is required for any proposed
non-residential Land-Disturbing Activity exceeding 21,780 square feet. Please note
that land disturbance thresholds are cumulative to parent tract and will carry over
to any/all subdivided lots.
Transportation
Services Date: Staff:
Nish Trivedi
ntrivedi@orangecountync.gov
919-245-2007
1.
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From:Taylor Perschau
To:cmoon@carrboronc.gov; Marty Roupe
Cc:John "Jack" Moran; Patrick R. Mallett
Subject:Request for Courtesy Review: Special Use Permit Application SUP25-0016 (Jubilee Integrated Wellness)
Date:Monday, September 29, 2025 10:25:11 AM
Attachments:image002.png
Good morning, Tina and Marty –
I hope you’re both doing well! Orange County Planning is in receipt of a Special Use Permit
Application for Orange County PIN 9850093606. The project proposes a Care Facility on the
property, offering farm-based day programs for adults with mental illness. A portion of the
property is located within the Carrboro Joint Development Review Area as defined by Orange
County-Chapel Hill-Carrboro Joint Planning Land Use Plan, which is what prompted this
email request for courtesy review. The project is currently scheduled for a November 12th
Board of Adjustment hearing.
Application materials are available here: SUP25-0016 (Jubilee Integrated Wellness) Orange
County Permitting Information Portal page.
If the Town has any review comments, please provide those by Wednesday October 29 in
order for staff to incorporate those comments into Board of Adjustment materials.
Thank you,
Taylor
Taylor Perschau
Current Planning and Zoning Manager
Orange County Planning and Inspections Department
Winner of the 2025 NC Sedimentation Control Commission’s Best All-Around Program
Office: 919-245-2597
131 W. Margaret Lane, Suite 201, P.O. Box 8181 Hillsborough, NC 27278
Applications, Forms, and Submittal Information
Pursuant to North Carolina General Statute 132, correspondence sent and received from
this account is a public record and may be disclosed to third parties.
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To: Taylor Perschau, Orange County Planning and Zoning Manager
From: Bear Tosé, Town of Carrboro Planner (on behalf of Tina Moon, Town of Carrboro Interim
Planning Director)
Date: October 29, 2025
Subject: Courtesy Review Comments: Special Use Permit Application SUP25-0016
The purpose of this memo is to provide comments on the proposed Special Use Permit located within
the Joint Planning Area. While the proposal generally appears consistent with the Joint Land Use Plan,
staff identified a few inconsistencies in the submitted materials that we wish to bring to the attention of
Orange County staff:
1. Traffic Impact Assessment
The application narrative under “Mitigating Potential Impact on Neighbors” notes concerns
about increased traffic along Dodson’s Knoll Road and Hi Mar Lane due to 10–20 daily clients
and 4–5 staff. However, the Traffic Impact Assessment only accounts for staff trips, potentially
underestimating the impact on the private road and associated dust/noise for nearby residents.
2. Site Expansion Details
The narrative under “Business Site” describes a potential expansion over the next 5–10 years
involving a new clinical building on a “small .5-acre portion of the land.” In contrast, the current
site plan identifies a proposed future building site on a 1.296-acre portion of the property.
Carrboro staff also discussed at what point expanding the existing “business site” into a new
clinical building might exceed the threshold of a bona fide farm or agricultural support
enterprise. At the future scale, it might be classified as a medical facility, potentially requiring
additional review, permitting, or rezoning.
93
STANDARDS EXAMINED AND EVIDENCE RECEIVED
BY THE ORANGE COUNTY BOARD OF ADJUSTMENT
PERTAINING TO A REQUEST SUBMITTED BY
DR. NORA DENNIS OF JUBILEE INTEGRATED WELLNESS
PROPOSING A CARE FACILITY USE
ON A PARCEL OF PROPERTY LOCATED AT 1009 HI MAR LANE
SUP25-0016
(PINS 9850093606)
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 a “Care Facility” 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 5.8.2 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 UDO.
(2)Specific regulations governing the development of “Care Facility” as set forth in
Section 5.8.2 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 UDO.
(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.
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REQUIREMENT UDO SUPPORTING EVIDENCE FOF
Per Att 6 (b)
Submittal Requirements for all SUP Applications
Proper forms Section 2.2 Staff Testimony
Application (Attachment 2) 3
Fees paid Section 2.2.4(D) Application (Attachment 2)
[Fees paid at time of submittal.] 4
Full description of use
•Location
•Appearance
•Operational characteristics
Sections 2.5.3(F)
and 2.7.3(B)(1)
Application (Attachment 2)
Exhibit B – Narrative of
Proposed Land Use of the
Application (Attachment 2)
[Details “Care Facility” use and
operations]
Exhibit C – Site Plan of the
Application
(Attachment 1)
[Site layout for “”Care Facility”
use and project notes]
10-11
Owner Information Section
2.7.3(B)(2)
Application (Attachment 2)
[Kenneth and Joanne Wilson,
104 Stoneridge Dr., Chapel
Hill, NC]
2
Site Plans
(10 copies)
Section
2.7.3(B)(4)
10 Copies of Site Plan
Submitted 3, 7
List of parcels within 1,000 feet Section
2.7.3(B)(5) Application (Attachment 2) 3, 7
Elevations of all structures Section
2.7.3(B)(6)
Exhibit C – Site Plan of the
Application
and Building Plans
(Attachment 2)
3, 7
10 copies of Environmental
Assessment (or EIS)
Section
2.7.3(B)(7)
Application, Environmental
Assessment Application
(Attachment 2)
[EIS Not Required]
3, 7
Method of Debris Disposal Section
2.7.3(B)(8)
Exhibit C – Site Plan of the
Application
(Attachment 2) 3, 7
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Development Schedule Section
2.7.3(B)(9)
Exhibit B – Narrative of
Proposed Use (Attachment 2) 3, 7
Extended Vesting Request Section
2.7.3(B)(10)
No additional vesting period
was requested by the applicant. 3, 7
Submittal Requirements Section 5.8.2 Application (Attachment 2) 3, 7
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)
Sections
2.7.5(B) and
2.7.6(A)(1)
NIM and BOA Materials (Attachments 3
& 4)
NIM notices mailed by applicant
September 12, 2025 prior to September
28 NIM.
BOA Public Hearing Notices mailed by
staff on October 29, 2025. Certification
available in Attachment 4.
6
Sign Posting on Property (at
least 10 days prior)
Sections
2.7.5(D) and
2.7.6(A)(2)
NIM and BOA Materials (Attachments 3
& 4)
NIM signs posted by staff on September
12, 2025 prior to September 28 NIM.
BOA signs posted by staff on October
29, 2025. Certification available in
Attachment 4.
6
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.
Section
5.3.2(B)(1)
Exhibit C – Site Plan of the Application
(Attachment 1)
[Both Environmental Health and Solid
Waste offered review comments
(Attachment 5).]
3, 7, 10
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Safety
Method and adequacy of
police, fire and rescue squad
protection.
Section
5.3.2(B)(2)
Exhibit C – Site Plan of the Application
(Attachment 1)
[Fire and Life Safety Division reviewed
application in September 19
Development Advisory Committee
meeting (Attachment 5).]
3, 7, 10
Vehicle Access
Method and adequacy of
vehicle access to the site and
traffic conditions around the
site.
Section
5.3.2(B)(3)
Exhibit C – Site Plan of the Application
(Attachment 1)
[NCDOT offered review comments
(Attachment 5).]
3, 7, 10
REQUIREMENT UDO SUPPORTING EVIDENCE FOF
Standards Specific to this Use: “Care Facility” Use
Site Plan
A site plan prepared in
accordance with Section 2.5
Site Plan Review
Section 2.5
Exhibit C – Site Plan of the Application
(Attachment 2)
[Site plan is in compliance with Section
2.5 of the UDO.]
3, 7
Standards of Evaluation
(a)Facilities involving the care
of children and adolescents
shall be located in an area
which is free from conditions
dangerous to the physical and
moral welfare of the children.
Section
5.8.2
Application (Attachment 2) 3, 7
(b)Where a State license is
required to operate the facility,
the applicant shall demonstrate
the minimum requirements to
qualify for said license are
satisfied.
Section
5.8.2 Application (Attachment 2) 3, 7
(c) There is direct frontage and
access on a public State-
maintained road.
Section
5.8.2
Exhibit C – Site Plan of the Application
(Attachment 2) 3, 7
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(d) Adequate access to and
from the site as well as
adequate space off the road
right of way, is provided for the
safe pick up and discharge of
clients and is provided in such
a manner that traffic generated
by the facility is not disruptive
to adjacent residentially
developed properties.
Section
5.8.2
Exhibit C – Site Plan of the Application
(Attachment 2) 3, 7
(e) All client pick up and drop
offs shall be on site, with proper
vehicle stacking area
equivalent to three cars.
Section
5.8.2
Project correspondence (Attachment 5) 3, 7
(f)The site plan shall show how
the facilities will be screened
from adjacent properties. A
Type-B, 30-foot buffer shall be
provided around the facility and
outdoor area in accordance
with Section 6.8.6. These
buffers will effectively screen
the view of any outdoor area,
and reduce noise associated
with the facility.
Section
5.8.2
Project correspondence (Attachment 5) 3, 7
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(g) Each facility is required to
provide a minimum of 75
square feet of outdoor space
for every client in care. This
space may not be located in a
required buffer or in an area,
which is used or reserved for
use as a sewage disposal
nitrification field.
Section
5.8.2
Applicant is not proposing any signage. 3, 7
(h) Fencing and/or screening is
to be provided which ensures
the protection of the clients
receiving care and protects
adjacent residentially
developed properties from
trespass.
Section
5.8.2
Project correspondence (Attachment 5) 3, 7
(i) All gates shall be self-closing
and self-latching.
Section
5.8.2
Application (Attachment 2) 3, 7
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(j) Each facility approved by the
Board of Adjustment shall be
reviewed annually by the
Planning Director to ensure
compliance with the standards
of evaluation for such facilities
and any conditions attached to
the application by the Board of
Adjustment. Any change in the
operation of the facility, which
deviates from the original
standards and conditions will
constitute a modification and
will require the approval of the
Board of Adjustment. In
determining whether a change
in the operation of the facility
has occurred, the Planning
Director shall be guided by the
procedures and criteria
contained in Sections 2.7.14
and 5.8.2(B).
Section
5.8.2
Application (Attachment 2) 3, 7
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 inclusive including, but not
limited to:
•Narrative;
•Site Plan;
•Proposed Conditions;
•Environmental Assessment (EA)
Application; and
•Site Plan.
Project Correspondence and DAC
Comments (Attachment 5)
11
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); and
Evidence submitted by applicant
11
100
The location and character of
the use, if developed according
to the plan submitted, (will /
will not) be in harmony with
the area in which it is to be
located and the use is in
compliance with the plan for the
physical development of the
County as embodied in these
regulations or in the
Comprehensive Plan, or portion
thereof, adopted by the Board
of County Commissioners.
Section
5.3.2
(A)(2)(c)
Application package as contained in
Attachment 2 inclusive including, but not
limited to:
•Narrative;
•Environmental Assessment (EA)
Application; and
•Site Plan;
Staff Report (Attachment 1)
Project Correspondence and DAC
Comments (Attachment 5).
11
101
FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT
PERTAINING TO A REQUEST SUBMITTED BY
DR. NORA DENNIS
PROPOSING A CARE FACILITY USE
ON PROPERTY LOCATED AT 1009 HI MAR LANE, HILLSBOROUGH, NC
Subject Property: 1009 Hi Mar Lane, Hillsborough, NC 27278
Parcel ID No.: 9850-09-3606
Property Owner(s): Ken Wilson & Joanne Wilson
Applicant: Dr. Nora Dennis
Proposed Special Use: Care Facility
At its regular meeting on November 12, 2025, after conducting a duly advertised
evidentiary hearing, and after considering the Special Use Permit Application SUP 25-
0016, including the application materials, county department staff report, exhibits,
testimony, and other information presented during the evidentiary hearing on the
Application, the Orange County Board of Adjustment voted __ to __ to APPROVE a
Special Use Permit authorizing the Subject Property to be used as a Care Facility.
Findings of Fact
1. The Subject Property is located at 1009 Hi Mar Lane, Hillsborough, NC 27278 (Orange
County Parcel ID No. 9850-09-3606) (the “Subject Property”).
2. Pursuant to a deed recorded in Orange County Registry Book 6814 at Page 1279, the
Subject Property is owned by Ken Wilson and Joanne Wilson (the “Owners”).
3. The Special Use Permit Application (the “Application”) submitted in this case was submitted
by Dr. Nora Dennis (the “Applicant”). The Owner has consented to the submission of the
Application by the Applicant.
4. The Application was submitted on the proper form, and all required application fees were
paid.
5. The Application proposes to use the Subject Property as a Care Facility, which is a special
use pursuant to the UDO.
6.At its duly noticed meeting on November 12, 2025, the Orange County Board of Adjustment
(the “BOA”) opened an evidentiary hearing on the Application and heard and considered the
evidence submitted by the Applicant.
7. The Application, Staff Report, and all accompanying materials were entered into the record.
8.An appropriate oath was administered to each witness providing testimony to the BOA.
9. The BOA accepted Mr. John McPhaul, III as an expert witness in the field of real property
valuation and appraisal on the basis that:
a.Mr. McPhaul is a licensed real estate appraiser.
b.Mr. McPhaul has considerable professional experience and education in the field of
real estate valuation.
c.Mr. McPhaul has been practicing as a licensed real estate appraiser in Orange
County and the surrounding area for more than thirty years.
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d. Mr. McPhaul’s specialized technical knowledge will assist the BOA in understanding
the evidence and the impact, if any, that the proposed special use will have on the
value of contiguous properties.
10. The Applicant presented competent, material, and substantial evidence tending to establish
that each of the Specific Standards, described in UDO Sec. 5.3.2(B), are or will be met, as
follows:
a. The Applicant presented documentary evidence in the form of a Wastewater
Operation Permit and County Well Certificate evidencing the fact that the Specific
Standard 5.3.2(B)(1) is met and the proposed special use adequately addresses the
provision of sewage disposal facilities, solid waste disposal, and water.
b. The Applicant presented documentary evidence in the form of emails from the
Orange County Fire Marshal and Orange County Emergency Services evidencing
the fact that Specific Standard 5.3.2(B)(2) is met and the proposed special use
adequately addresses the provision of police, fire, and rescue squad protection.
c. The Applicant presented documentary evidence in the form of a Trip Generation
Letter from a licensed traffic engineer evidencing the fact that Specific Standard
5.3.2(B)(3) is met, and the proposed special use adequately addresses the provision
of vehicular access to the site and traffic conditions around the site.
d. The Applicant presented documentary evidence and testimony by Dr. Nora Dennis
evidencing the fact that all other Specific Standards applicable to Care Facility
special uses, including but not limited to those in UDO Sec. 5.8.2, have been or will
be met.
e. The Applicant presented evidence that the Subject Property has access to Dairyland
Road, which is a State-maintained Road, via Hi Mar Lane and Dodsons Knoll Road.
The Applicant presented documentary evidence in the form of an executed and
recorded Amended Declaration of Restrictions and Provisions for Private Road
Maintenance agreement, recorded in Orange County Registry Book 6104 at Page
302, guaranteeing the Applicant’s right of access over Hi Mar Lane and Dodsons
Knoll Road and to Dairyland Road.
11. The Applicant presented competent, material, and substantial evidence tending to establish
that each of the General Standards, described in UNDO Sec. 5.3.1(A)(2), are or will be met,
as follows:
a. The Applicant presented documentary evidence in the form of testimony by Dr. Nora
Dennis evidencing that General Standard 5.3.2(A)(1)(a) is met and the proposed
special 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 because the proposed Care Facility use is specifically intended to promote
the public health, safety, and welfare. Dr. Dennis also testified that approval of the
Application and the proposed special use will not materially change the design or
operation of the Property because the Property is already developed and use for the
same purpose under the bona fide farm zoning exemption, and the Application has
been submitted solely to facilitate additional licensure for the facility.
b. The Applicant presented documentary evidence in the form of a Value Impact
Analysis Report and expert testimony by Mr. John McPhaul, a licensed real estate
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appraiser, evidencing the fact that General Standard 5.3.2(A)(2)(b) is met and the
proposed special use will maintain or enhance the value of contiguous property.
c. The Applicant presented evidence in the form of testimony by Dr. Nora Dennis
evidencing that General Standard 5.3.2(A)(2)(c) is met and the location and
character of the proposed special 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
the UDO and the County’s Comprehensive Plan because the approval of the
Application and the proposed special use will not materially change the design or
operation of the Property because the Property is already developed and use for the
same purpose under the bona fide farm zoning exemption, and the Application has
been submitted solely to facilitate additional licensure for the facility.
12. No competent, material, and substantial evidence to the contrary was presented on the
record.
Conclusions of Law
1. Based on the competent, material, and substantial evidence present in the record, the
proposed special use satisfies the General Standards found in Section 5.3.2(A)(2) of
the UDO. Further, the proposed special use satisfies the Specific Standards found in
Sections 5.3.2(B) and 5.8.2 of the UDO with requested relief from 5.8.2(B)(2)(c) found
to be compatible with the spirit and intent of the ordinance.
ACCORDINGLY, based on the foregoing, the Orange County Board of Adjustment
hereby APPROVES the Application and authorizes a Care Facility special use to be
operated on the Subject Property, subject to the following condition:
1. This approval shall remain valid and effective for so long as the Applicant and any
successors-in-interest to the Subject Property maintain a legally enforceable right-of-
access or easement over Hi Mar Lane and Dodsons Knoll Road to Dairyland Road.
This the ___ day of ______________, 2025.
__________________________________
Leon Meyers, Chair
104
ORANGE COUNTY BOARDS AND COMMISSIONS
ANNUAL REPORT AND WORK PLAN
Name of Board/Commission: Board of Adjustment
Report Period: January 2025-December 2025
The Board of County Commissioners (BOCC) appreciates the dedication of all
volunteers on Orange County boards and commissions and asks each body to
complete an Annual Report and Work Plan. This document will inform the BOCC of the
activities each board/commission has conducted over the past year and detail a plan for
future activities. These activities should be consistent with the board/commission’s
assigned charge and the goals identified in the Orange County Strategic Plan (Strategic
Plan). General information about the Strategic Plan is available here.
Person to address the BOCC, title, and contact information: Click or tap here to enter
text.
Leon Meyers, BOA Chair
lmeyersnc@gmail.com 919 422-5773
3126 Carriage Trail, Hillsborough
Primary staff contact: Click or tap here to enter text.
Patrick Mallett, Deputy Director, Development Services
Planning & Inspections Department
pmallett@orangecountync.gov
Office (919) 245-2577 / Mobile (919) 819-3402
1. How many times per month does this board/commission meet, including any special
meetings and subcommittee meetings?
One meeting per month as outlined in the published BOA Calendars.
https://www.orangecountync.gov/1178/Calendars. Note: the BOA only meets on
published dates when there is a case to be considered and/or required administrative
actions or training.
2. Please briefly describe this board/commission’s assigned charge and
responsibilities. Board-specific Policies and Procedures documents, which detail the
charge and responsibilities for each board/commission, are available here.
As required by NCGS §160D-302 and the Orange County Unified Development
Ordinance (UDO) Section 1.8.1, the BOA is required quasi-judicial appointed board
that is established and maintained to hear and decide: 1. Appeals regarding any
decision, or determination made by the Planning Director; 2. Applications requesting
the approval of Special Use Permit (SUP);3. Variance requests from the minimum
105
requirements of the UDO; and 4. Other matters as required by state law, the UDO
and/or the BOCC.
3. What are your board/commission’s most important accomplishments during the
report period?
1. Successfully deciding variances and SUPs per the state statue and UDO
requirements without any higher appeals or legal challenges to their decisions;
2. Revised procedures and processes regarding legal standing for cases; and
3. Revised applications, guides, required materials and published calendars to make
the process simpler, quicker and more accessible to the public.
4. Please list any specific tasks, events, or functions performed or sponsored annually.
N/A
5. Describe this board/commission’s activities/accomplishments in carrying out the
goals identified in the Orange County Strategic Plan. General information about the
Strategic Plan is available here.
Strategic Plan Objectives
Housing For All
5. Review County ordinances, policies, agreements, and the regulatory processes
to streamline practices, and increase opportunities and reduce barriers to construct
housing.
6. Describe any collaboration between this board/commission and other boards and
commissions.
1. Operationally none. The BOA is by definition an independent, autonomous
quasi-judicial decision-making body.
2. Administratively, BOA’s meetings, needs and support is coordinated alongside the
Planning Board.
7. Identify any activities this board/commission expects to carry out in 2026 that are
related to the Orange County Strategic Plan. General information about the Strategic
Plan is available here. If applicable, please list any fiscal impact (i.e., funding, staff
time, other resources) associated with these proposed activities.
N/A
8. What concerns or emerging issues does this board/commission anticipate for the
upcoming year that it plans to address or wishes to bring to the BOCC’s attention?
1. Aligning with the various regulatory changes and recent case law.
106