HomeMy WebLinkAboutAgenda - 10-07-2008 - 5aORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: .October 7, 2008
Action Agenda
Item No. _ ~ZC~-
SUBJECT: Review of Class A Special Use Permit Proposing the Development of a Montessori
School
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) YES
ATTACHMENT(S):
1. Table of Contents for Attachments
2. SPECIAL USE PERMIT -Findings of
Fact
3. Memo from Mike Tapp Concerning Fire
Lane Construction Standards
4. Letter from Caldwell Fire Department
Concerning Provision of Services
5. Resolution of Approval
6. Resolution of Denial
INFORMATION CONTACT:
Craig Benedict, 245-2592
Michael Harvey, 245-2607
PURPOSE: To receive final requested information and take action on a Class A Special Use
Permit (hereafter `SUP') application proposing the development of a private school at 711 Terry
Road (SR 1573).
BACKGROUND: On September 16, 2008, the Board of County Commissioners received a
final report on the aforementioned application proposing the development of a private school at
711 Terry Road (l"MBL 5.10..22 /PIN 0806-76-4683).
During the meeting, staff was asked to provide additional information concerning the project,
specifically:
1. A memo from the Fire Marshal indicating what State Fire Codes would require/mandate
in terms of an improved fire lane. Specifically, would a paved fire lane be required.
Staff Comment: According to Mike Tapp, the State Fire Codes do not require a paved
fire lane. The fire lane must be improved to: `support the imposed loads of fire apparatus
and shall be surfaced so as to provide all weather driving capabilities'.
2. A letter from the Caldwell Fire Department indicating that it can provide fire and
emergency response services to the development.
Staff Comment: According to the letter submitted by the Caldwell Fire Department, it
can provide fire and emergency services to the development so long as the applicant
provides for a secondary water source as detailed by the Orange County Fire Marshal.
Please refer to Attachments Three (3) and Four (4), respectively, for the breakdown of this
information.
2
CITIZEN OPPOSITION: During the September 16, 2008 BOCC meeting, additional testimony
was offered by adjacent property owners, specifically an impact analysis completed by Mr. Jeff
Odell, outlining potential negative impacts that the proposed school would have on an adjacent
property owned by Mr. Keith Tilley.
As previously indicated by staff, there has been vocal opposition to this project from all
surrounding property owners since the Public Hearing held on June 24, 2008.
FINANCIAL IMPACT: This project has been reviewed by various County departments who
have determined that the provision of services to support the proposed school will not create
the need for additional funding.
RECOMMENDATION(S): The Administration recommends that the Board:
1. Receive the memorandums/letters from staff addressing questions asked by the Board at
the September 16, 2008 meeting,
2. Close the Public Hearing and begin deliberation on the application in accordance with
the work sheet provided within Attachment Two (2), and
3. Take action to approve the application, and impose the fifteen (15) recommended
conditions in accordance with the applicable Findings of Fact detailed within Attachment
Two (2) and the Resolution of Approval detailed within Attachment Five (5) of this
Abstract.
3
AGENDA ITEM 5 - a:
REVIEW of Class A Special Use Permit proposing the development of a Montessori
School
TABLE OF CONTENTS:
Attachment Two (2) -Special Use Permit Findings of Fact:: Pages 5 through 36
Attachment Three (3) -Memo from Mike Tapp Page 37
Attachment Four (4) -Letter from Caldwell Fire Department Pages 39
Attachment Five (5) -Resolution of Approval Page 41
Attachment Six (6) -Resolution of Denial Page 43
THIS PAGE LEST INTENTI®NALLY BLANI~C
Attachment Two (2) -SUP Findings of Fact:
FINDINGS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
PERTAINING TO REQUEST SUBMITTED BY MONTESSORI FARM SCHOOL (LISA WALLACE)
REQUESTING A CLASS A SPECIAL USE PERMIT TO ALLOW FOR A PRIVATE SCHOOL
AT 711 TERRY ROAD (SR 1573)
5
Schools must comply with general and specific standards as set forth in Article Eight (8) for Special Uses. Article 8.2.1 b)
requires written findings certifying compliance with the following:
1. That 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. That 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. That 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 complaint with the plan for the physical development of the County as
embodied in these regulations or in the Gomprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners.
Specific regulations governing individual Special Uses as set forth in Article Eight (8) Section 8.8.30. These regulations are
divided into various sections that include:
(a) The requirements of Section 8.6 Contents ofApplication for Approval of Special Uses;
(b) The requirements of Section 8.8 Regulations Governing Individual Special Uses,
(c) The requirements of Section 8.8.30 Schools: Elementary, Middle, and Secondary, and
(d) The requirements of Section 8.2.
Listed below are the findings of the Orange County Planning Department regarding the application in question. The findings
have been presented by Article and requirement to assist the Board in its deliberations.
ARTICLE 8 6 APPLICATION COMPONENTS ("Yes" indicates compliance• "No" indicates non-compliance)
FINDINGS
Ordinance Re9uirements
Section 8.6 Contents of
Application for Approval of a
Special Use
The application for approval of a
Special Use shall be submitted
on forms provided by the
Zoning Officer. Such forms
shall be prepared so that when
completed a full and accurate
description of the proposed use,
including its location,
appearance, and operational
characteristics shall be
disclosed.
Additionally, the forms shall,
when completed by the
applicant, disclose the name(s)
and address(es) of the owner(s)
of the property involved, and all
relevant information needed to
show compliance with the
general and specific standards
governing the Special Use
which is the subject of the
application. (See Section 8.2)
PLANNING BOARD
Findings:
x Yes No
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
1. The Board found that the
application was
completed on the
appropriate form provided
to the applicant by the
Zoning Officer,
2. The applicant contained
the names and
addresses of adjacent
property owners,
3. The applicant contained
all required information
as detailed within Article
Eight (8) of the Orange
County Zoning
Ordinance.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
6
ARTICLE 8 8 -REGULATIONS GOVERNING INDIVIDUAL SPECIAL USES ("Yes" indicates compliance: "No" indicates
non-compliance)
FINDINGS
PLANNING BOARD
Findings:
EVIDENGE SUBMITTED
TO SUPPORT FINDINGS
ADMINISTRATION
RECOMMENDED
Findings:
Ordinance Requirements
Section 8.8 Regulations
Governing Individual Special
Uses:
The regulations for each Class
A and Class B Special Use are
divided generally into two
sections: the first consists of
additional and specific
components of the application
beyond those necessary to
comply with Section 8.6, while
the second consists of the
specific standards which are
supplementary to the general
standards in Section 8.2 and to
the required conditions in
Subsection 8.4.7.
The following additional
information is required for all
Special Use Applications:
8.8 a) -Twenty-six (26) copies
of the site plan prepared by a
registered land surveyor,
architect, or engineer.
8.8 b) - Elevations of all
proposed structures to be used
in the development.
8.8 c) -Twenty-six (26) copies
of the Environmental
Assessment and/or
Environmental Impact
Statement, if required, by the
Orange County Environmental
Impact Ordinance.
The Planning Board voted
unanimously to make an
x Yes No affirmative finding based on
the following:
x Yes No
Twenty-six (26) copies of the
site plan, prepared by Fredrick
Stewart of Fredrick Stewart
Architecture PLLC were
submitted as part of the
application.
The Planning Board .voted
unanimously to make an
x Yes No affirmative finding based on
the following:
x Yes No
Elevations of the proposed
buildings were submitted as
part of the application
X Not Applicable The Planning Board voted X Not Applicable
unanimously to make a finding
indicating that an
Environmental Assessment
and/or Environmental Impact
Statement is not required
based on the following:
FINDINGS
Ordinance Requirements
8.8 d) - A fee, as set by the
Orange County Board of
Commissioners.
8.8 e) -Method of disposal of
trees, limbs, stumps, and
construction debris associated
with the activity
PLANNING BOARD
Findings:
x Yes No
x Yes No
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
Staff provided a receipt
indicating that the required
application fee had been paid.
The Planning Board voted
unanimously to make an
affirmative finding based . on
the following:
According to the applicant's
testimony, any yard waste
generated on-site will either be
chipped for use as mulch or
disposed of in accordance with
County regulations, with no
open burning taking place
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
8
ARTICLE 8.8.30 SCHOOLS: ELEMENTARY MIDDLE AND SECONDARY -ADDITIONAL INFROAMTION:
j"Yes" indicates compliance• "No" indicates non -compliance)
PLANNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
Ordinance Requirements
In addition to the information
required by Subsection 8.2, 8.ti,
and 8.8, the following shall be
submitted as part of the
application:
a) Twenty-six copies of the site x Yes No The Planning Board voted x Yes No
plan prepared in accordance unanimously to make an
with Article XIV (Section 14.1 et affirmative finding.
seq.) of the Zoning Ordinance.
As previously indicated the
applicant has submitted the
appropriate number of site
plans.
The Site Plan shall also show x Yes No The Planning Board voted x Yes No
the following information as unanimously to make an
required under Section 8.8.30 of affirmative finding based on
the Ordinance: the following:
1. Total student capacity of The site plan and application
school as designed indicates that the total student
capacity is 120 students.
2. Total number of employees x Yes No The Planning Board voted x Yes No
at time of greatest shift unanimously to make an
affirmative finding based on
the following:
The site plan and application
indicates that the total number
of employees will be 12.
3. Number and dimensions of X Not Applicable The Planning Board voted X Not Applicable
designated parking spaces unanimously to make a finding
for school buses indicating that this item is not
applicable based on the
applicant's testimony that
there will be no school busses
proposed for use by the
school.
4. Number of designated x Yes No The Planning Board voted x Yes No
parking spaces for unanimously to make an
employees affirmative finding based on
the following:
The site plan shows that there
will be a total of thirty-seven
(37) parking spaces on site
with twelve (12) spaces
reserved for the employees.
9
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
5. Number of visitor parking
spaces
6. Number of student parking
spaces
7. Location of student drop off
points with stacking spaces
identified
8. Location of proposed and
future athletic fields
8 (a) Total number of seats for
spectators
8.(b) location of concession
stands.
9. Proposed roadway
improvements
x Yes No
X Not Applicable
x Yes No
x Yes No
X Not Applicable
X Not Applicable
X Not Applicable
The site plan indicates that the
remaining parking spaces,
specifically twenty-five (25)
spaces, are available for use
by visitors to the site.
The Planning 'Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
applicant's testimony .that the
school will only teach students
to the sixth grade and, as a
result, there is no need to
student parking.
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The site plan shows the
proposed stacking areas and
student drop off points.
The site plan shows proposed
pay ground and courtyard
areas. There are no athletic
fields (i.e. football, soccer,
baseball) proposed for this
project.
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
applicant's testimony that
there are no athletic fields
proposed that would require
seats for spectators.
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
applicant's testimony that
there are no athletic fields
proposed that would require
concession stands to be used
on the property
NC DOT has indicated, within
their memorandum, that there
will not be any roadway
improvements required for this
project.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
X Not Applicable.
x Yes No
x Yes No
X Not Applicable
X Not Applicable
X Not Applicable
10
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
10. Existing and proposed x Yes No The site plan shows the
infrastructure proposed location for the well
improvements. and septic sites.
b) Twenty-six (26) copies of The Planning Board voted
Landscape Plans showing the unanimously to make an
locations of existing vegetation, x Yes No affirmative finding based on
areas proposed for preservation the following:
as well as plants and materials
for proposed planting areas. Twenty-six (26) copies of the
site plan, prepared by Fredrick
Stewart of Fredrick Stewart
Architecture PLLC have been
submitted and designated as
Resource Management and
Landscape Plans showing the
locations of:
1. Existing vegetation,
2. Areas proposed for
preservation, and
3. The types of plants and
other similar vegetation
proposed planting areas.
c)Twenty-six (26) copies of
photometric plans in
accordance with the Section
6.31, entitled Outdoor Lighting
Standards.
X Not Applicable
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
applicant's testimony that
there will be no outdoor
lighting for this project.
d) Estimated water usage for
structures, landscaping and
athletic fields.
e) A Traffic Impact Study as
required by Article 13 of the
zoning ordinance.
x Yes No
X Not Applicable
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
According to the applicant and
a memorandum issued by the
Orange County Health
Department, 1400 GPD is the
anticipated water usage for the
building(s) as proposed.
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on staffs
testimony that no traffic study
is needed, as outlined in
Article Thirteen (13) of the.
Ordinance due to low volume
of traffic for anticipated this
facility.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
X Not
Applicable
x Yes No
X Not Applicable
11
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
~ A Biological Inventory shall be
prepared in accordance with
Section 8.8.29.1 B (b).
g) A Resources Management
Plan shall be prepared in
accordance with the criteria
contained in the Resources
Management Plan definition in
the Definitions Article of the
Zoning Ordinance.
X Yes No
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
A biological inventory was
submitted as part of the
application packet
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
A Resources Management
Plan has been prepared and
submitted in accordance with
the Zoning Ordinance and was
incorporated as part of the
submitted site plan
Section 8.8.30 (1)
If located within an EDD, the
application must meet the
following general standards of
the EDD Design Manual and
the Standards of Evaluation for
Schools if the school were to be
located in a zoning district other
than an EDD
Section 8.8.30 (2)
X Not Applicable
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on staffs
testimony that the, proposed
school facility is not located
within an EDD Zoning District
If the project is located within a
Zoning District other that EDD,
the applicant shall meet the
standards of evaluation as
follows:
a) The project meets all
applicable design standards
and other requirements of the
Zoning Ordinance and the
Subdivision Regulations.
X Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following: '
Site plans have been provided
demonstrating compliance
with applicable zoning
requirements. Further, the
Planning Board has made
specific findings relating to
compliance with relevant
portions of Articles Five (5)
and Six (6) respectively as
detailed herein.
ADMINISTRATION
RECOMMENDED
Findings:
X Yes No
x Yes No
X Not Applicable
X Yes No
12
PIANNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
b) The project meets all
service provision criteria
as set forth below:
B1. Fire -identifies the X Yes No The Planning Board voted X Yes No
primary and secondary unanimously to make an
.responders and the affirmative finding based on
source(s) of water. the following:
Memorandum provided by
staff, and testimony of the
applicant, indicated that the
Caldwell Rural Fire
Department will be the primary
responder for this project.
The Fire Marshal has
recommended that the
applicant provide for a
secondary source of water.
A condition of approval is that
this secondary source be
provided and approved by the
Fire Marshal as part of the
Building Permit process
B2. Police -identifies the X Yes No The Planning Board voted X Yes No
primary and secondary unanimously to make an
responders. affirmative finding based on
the following:
Memorandum provided by
staff indicates that the Sheriffs
Department will provide police
services to the project and that
it will not overburden existing
resources.
B3. Rescue Services - X Yes No The Planning Board voted X Yes No
identifies the primary and unanimously to make an
secondary responders. affirmative finding based on
the following:
Memorandum provided by
staff indicates that the Orange
County Emergency
Management will provide
emergency services to the
project and that it will not
overburden existing resources.
13
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
B4. Water Supply -
identification of public or
private utility source and
capacity of water supply or
identification of water source
through a water resource
study.
X Yes No
X Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
B5. Wastewater Treatment
Methods -provider and
capacity of wastewater
treatment source.
B6. Solid Waste - as
specified in 2.h of this
section.
c) Habitats shall be identified
and evaluated in the
Biological Inventory and are
subject to the following:
C1. An undisturbed buffer is
required around the
boundary of habitats of
rare, threatened, or
endangered species;
The applicant proposed to use
a private well to support the
facility
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant proposed to use
a private septic system to
support the facility.
As previously indicated, the
Orange County Health
Department is requiring that
the site plan be modified to
reflect the appropriate septic
field area.
A condition of approval is that
the required septic area be
shown on the site plan.
The Planning Board voted
x Yes No unanimously to make an
affirmative finding based on
the following:
The applicant has submitted a
solid waste management plan
indicating that waste will be
disposed of through a private
contractor.
X Not Applicable
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on staffs
testimony, specifically the
Zoning Enforcement Officer,
and memorandum from ERCD
Staff indicating that there are
no habitats on the property
supporting rare, threatened, or
endangered species.
ADMINISTRATION
RECOMMENDED
Findings:
X Yes No
X Yes No
x Yes No
X Not Applicable
14
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
C2. Habitat enhancements
as described in the
biological inventory shall
be made for a broad
range of species to help
mitigate the loss of
wildlife habitat during
construction.
C3. Conservation
easements or other
acceptable means such
as dedication to a public
agency, conservancy or
a similar agency are
required to protect
wetlands and other
habitats while insuring
proper long-term
maintenance; and
C4. Provide barriers or
fencing, and signage at
the edge of habitat
buffers to prohibit
vehicular and pedestrian
access.
d) Landscaping and Buffers
1. Protection of Existing
Vegetation
D1a. Existing vegetation
shall be preserved as
indicated on the
approved landscape plan
in accordance with the
provisions of Article 12.2
of the Zoning Ordinance.
ADMINISTRATION
RECOMMENDED
Findings:
The Planning Board voted
unanimously to make an
x Yes No affirmative finding based on x Yes No
the following:
Construction is limited to 2.5
acres at the total land area of
the site and leaves
approximately 14 acres of
undisturbed property to
support wildlife habitat.
X Not Applicable The Planning Board voted X Not Applicable
unanimously to make a finding
indicating that this item is not
applicable based on staffs
testimony, specifically the
Zoning Enforcement Officer,
and memorandum from ERCD
Staff indicating that there are
no wetlands on the property
requiring the imposition of a
conservation easement
X Not Applicable The Planning Board voted X Not Applicable
unanimously to make a finding
indicating that this item is not
applicable based on the
following:
The Biological Inventory and
the Resource Management
Plan indicates that there are
no habitat buffers required for
this property.
x Yes No The Planning Board voted x Yes No
unanimously to make an
affirmative finding based on
the following:
The site and grading plans
show the limits of disturbance
for the project.
All other existing vegetation is
preserved.
15
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
D1 b. Tree protection
measures shall be
installed and maintained
between all areas of
disturbance and trees to
be retained as shown on
the approved landscape
plan. A detail of the tree
protection barrier
proposed shall be
included as part of the
landscape plan
submitted with the
application;
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that tree
protection fencing will be
provided along the edge of all
land clearing. The County will
review the fence location prior
to site clearing.
D1c. Corridors connecting
habitats identified in the
biological inventory shall
be preserved along
streams, buffers, or other
wooded areas. If
destroyed during
construction, such
connections shall be
restored using
appropriate plant
materials;
D1d. Trees and stumps
cleared for roads and
building construction
shall either be used for
timber purposes or
shredded for landscape
mulch, composted,
buried or otherwise
disposed of BUT NOT
BURNED.
2. Berms, fences and
landscaping walls may
be used with plant
materials for screening,
provided such features
are designed and located
in harmony with other
site features and
functions.
x Yes No
x Yes No
X Not Applicable
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that
while there are no protected
habitat areas on the property,
the site plan designates an
eighty (80) foot stream buffer
along the existing stream that
is to be left in an undisturbed
state.
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that
mulch shall be generated and
spread on the site or the yard
waste shall be disposed of in a
manner consistent with County
policies.
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
following:
Berms, fences and
landscaping walls are not
proposed for this project.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
x Yes No
X Not Applicable
16
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
3. To minimize visual
impact by blending
architecture into the
surrounding landscape,
foundation plantings are
required at all
freestanding entrance
signs.
4. Use of xeriscaping
principles.
x Yes No
x Yes No
The Planning Board voted
unanimously , to make an
affirmative finding based on
the following:
The proposed tree and
planting areas are consistent
with surrounding properties.
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant indicated that
drought tolerant flora would be
part the landscape plan.
e) Stonnwater Management
E1. No net increase in peak
flow leaving the site
from the
predevelopment
conditions for the 10
year, 24hour storm;
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that this
condition is met with a
retention area as designed on
the site plan and within the
submitted Erosion Control
Plan.
E2. The stormwater
management system
must respect existing
drainage patterns.
Runoff shall be directed
away from erosion-
prone slopes.
E3. Energy dissipaters shall
be used where runoff is
concentrated and
discharged, for
example, at downspouts
from rooftops and storm
drains at parking areas.
Runoff shall not be
discharged directly into
surface water, or other
environmentally
sensitive areas;
x Yes No
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that the
design is consistent, and
would be consistent, with all
State Best Management
Practices.
The Planning Board voted
unanimously to make an
affirmative, finding based on
the following:
The applicant testified that
level spreaders would be used
for this project in developing
the retention basin to insure
no concentrated runoff..
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
x Yes No
x Yes No
x Yes No
17
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
E4.Concentrated
stormwater, conveyed
by ditches, channels,
pipes, swales or other
conveyance systems
must be dispersed and
diffuse flow
reestablished prior to
discharge into a stream
buffer;
E5. Nitrogen load
contribution must be
held to 3.6 Ibs per acre
per year.
x Yes No
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified over the
use of the level spreader to
diffuse stormwater flow and
that no land clearing work
would be near the identified
stream buffer.
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The nitrogen load for the
project will be consistent with
local and State requirements
f) Drainage
F1. All drainage structures
will be installed and
maintained according to
the approved
Stormwater
Management Plan.
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that a
grading and storm drainage
plan was submitted for review
and approval by Orange
County Erosion Control and
shall be adhered to.
F2. School projects that
include retention and/or
detention ponds shall
comply with the
requirements in Section
6.23.4, Operation and
Maintenance of
Structural Best
Management Practices.
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant testified that the
school will maintain the
retention basin area.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
x Yes No
x Yes No
18
P1~4NNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
g) Grading and Erosion
Control
G1. Plans for grading and x Yes No The Planning Board voted x Yes No
erosion control shall unanimously to make an
comply with standards affirmative finding based on
contained in the Orange the following:
County Erosion and
Sediment Control A permit will be issued by the
Ordinance and Manual Orange county Erosion
and, if applicable, The Control Division prior to the
North Carolina Erosion.. start of any land disturbing
and 'Sedimentation activity
Control Program rules;
G2. Construction shall be x Yes No The Planning Board voted x Yes No
phased to minimize unanimously to make an
disturbance and affirmative finding based on
sedimentation; the following:
An erosion control plan, along
with the sequence of the
various construction projects,
is part of the Erosion Control
Permit.
G3. Sediment control x Yes No The Planning Board voted x Yes No
measures shall be unanimously to make an
properly installed to affirmative finding based on
filter sediment from the following:
runoff during
construction and Sediment control measures
maintained until grading will be installed as indicated
is complete and a on the Erosion Control Plan.
permanent vegetative
cover has been
established and all
slopes stabilized; and
G4. Permanent landscaping, x Yes No The Planning Board voted x Yes No
groundcover, mulch, unanimously to make an
etc. shall be installed as affirmative finding based on
soon as practical after the following:
construction activities
for each phase are Landscaping and groundcover
completed. will be installed in accordance
with the sequence in the
Erosion Control Permit.
19
PLANNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
h) Solid Waste Management
A solid waste management x Yes No The Planning Board voted x Yes No
plan, submitted as part of the unanimously to make an
Resources Management Plan, affirmative finding based on
shall include the method(s) of the following:
disposal and recycling of
construction debris. ~ The Resources Management
Plan and the overall site plan
indicates recycling and trash
will be handled via a contract
with a waste management
disposal corporation
i) Irrigation
11. Irrigation systems for the X Not Applicable The Planning Board voted X Not Applicable
school project are unanimously to make a finding
designed and can be indicating that this item is not
operated according to a applicable based on the
water conservation plan following:
described in the
Resources Management The applicant testified that no
Plan submitted with the formal irrigation system was
application; proposed as part of this
project.
12. The Resources X Not Applicable The Planning Board voted X Not Applicable
Management Plan shall unanimously to make a finding
identify the source(s) of indicating that this item is not
water to be used for applicable based on the
irrigation, the volume following:
available for that
purpose, and expected The applicant testified that no
consumption rates. The formal irrigation system was
system design and plan proposed as part of this
for operation will be project.
evaluated based on
efficiency; and
13. Water recycled from X Yes No The Planning Board voted X Yes No
stormwater retention unanimously to make an
ponds or treated affirmative finding based on
wastewater effluent may the following:
be used for irrigation
where it is a legally The site plan contains a note
permitted alternative. indicating that water from the
retention/catchment pond may
be used for irrigation.
20
PLANNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
j) Habitat Maintenance
J1. Habitats identified in the x Yes No The Planning Board voted x Yes No
biological inventory and unanimously to make an
habitats created through affirmative finding based on
mitigation shall be the following:
maintained in
accordance with the The applicant testified that
Resources Management most of the property will
Plan and/or a remain undisturbed.
conservation easement
agreement; and
J2. Maintenance of habitats x Yes No The Planning Board voted x Yes No
shall be minimal, unanimously to make an
consisting primarily of affirmative finding based on
maintaining buffers and the following:
enhancements, removal
of exotic (non-native) The applicant testified that the
plant species, and stream buffers identified on
keeping drainage ways the site plan will remain
functioning properly. wooded and undisturbed.
k) Crime Prevention through X Not Applicable The Planning Board voted X Not Applicable
Environmental Design unanimously to make a finding
(Reserved) indicating that this item is not
applicable based on the
following:
There are no standards within
the Ordinance.
1) Public Road Access
Access to the school project x Yes No The Planning Board voted x Yes No
shall be via existing public unanimously to make an
roads and shall conform to and affirmative finding based on
be in compliance with any the following:
public road access
management plan adopted by The site plan indicates that
Orange County. access to the project is
provided from Terry Road (SR
1573)
21
FINDINGS
PLANNING BOARD EVIDENCE SUBMITTED
Findings: TO SUPPORT FINDINGS
ADMINISTRATION
RECOMMENDED
Findings:
m) Maintenance of
Improvements
All site improvements such as
roads, utilities (including
irrigation and drainage
structures), habitat
enhancements, recreational
amenities, signage,
landscaping, open space, etc.
will be maintained in function
and appearance. Maintenance
specifications, if any, for on-
going site management
(including provisions for
handling of storm debris in open
space areas) shall be submitted
as part of the Resources
Management Plan as defined in
Definitions (Article 22).
x Yes No The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant indicated that
the school will maintain all site
improvements.
x Yes No
22
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
3. The following additional
specific standards shall be
met for all elementary, middle
and secondary schools:
3a. The minimum lot size
shall be, with respect to
non-charter public
schools, as required by
the School Construction
Standards adopted from
time to time by Orange
County Board of County
Commissioners, the
Orange County Board
of Education and the
Chapel Hill-Carrboro
Board of Education.
With respect to all
schools the lot size
shall be adequate to
accommodate all
activities. The
proposed methods to
handle the maximum
number of participants
and patrons for any
single event shall be
provided while also
adhering to safe
vehicular and
pedestrian circulation.
x Yes No The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The site plan indicates a lot
size of 14.86 acres more or
less. This lot size would meet
School Construction
Standards fora 120 student
capacity school. Safe
vehicular and pedestrian
circulation is provided for.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
23
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
3b. Negative visual impacts
shall be minimized
along any major
roadway. Negative
visual impacts include,
but are not limited to,
loading/unloading
areas, delivery areas,
air handling units (roof
top and other), parking
areas for machinery;
and storage buildings.
Appropriate screening
methods shall be used
to enhance the
aesthetic value of a
project.
3c.Transportation
improvements as
deemed necessary by
the Traffic Impact
Study.
3d. The site shall be
designed to take
advantage of multiple
shared use
opportunities, which
may include a Park and
Ride facility for public
transportation.
x Yes No .
X Not Applicable
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant indicated that
the area along Terry Road will
remain undisturbed. Plantings
are proposed along Teny
Lane to minimize visual
impacts of the project.
The Planning Board voted
unanimously to make a finding
indicating that this item is not
applicable based on the
following:
There is no Traffic Impact
Study required for this project
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The site plan indicates that the
proposed parking lot has been
over sized to accommodate
additional parking, although
the Planning Board does not
believe shared use
opportunities are going to be
necessary for this project
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
X Not Applicable
x Yes No
24
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
3e. There shall be a
minimum of two access
points to the site.
Access points shall
separate student drop-
- off areas and visitor
parking from bus traffic.
If school buses are
used, then at least one
access shall be limited
to school employee and
bus use during normal
school hours. All
access points shall be
located to provide
maximum visibility and
safety. No driveway
shall be permitted in a
location that will hinder
or congest traffic
movement on a public
street.
X Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
At the June 24, 2008 special
PUBLIC HEARING the
applicant submitted a revised
site plan showing two (2)
access points along Terry
Road affording ingress/egress
to the proposed school.
This revision meets the
requirement of the Ordinance
and as allowed staff to revise
there original recommendation
to deny the project based on
the lack to a second
entrance/exit point onto Terry
Road.
ADMINISTRATION
RECOMMENDED
Findings:
X Yes No
25
ARTICLE 5 DIMENSIONAL REQUIREMENTS ~"Yes" indicates compliance• "No" indicates non -comuliancel
FINDINGS
PLANNING BOARD
Findings:
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
ADMINISTRATION
RECOMMENDED
Findings:
Ordinance Requirements:
As required under Section
8.8.30, the applicant is
demonstrate compliance with
Articles Five (5) and Six (6) of
the Ordinance, specifically
addressing issues over lot size,
setbacks, and land use
intensity.
Article 5 lists standards for
minimum lot size, lot width,
front, side and rear setbacks,
maximum building height and
lot coverage, and development
intensity.
The applicant has applied for a
Special Use Permit on property
zoned Agricultural Residential.
The standards for the AR
district are set forth in Article
5.1.2 and are as follows:
a) Minimum lot area per use x Yes No
40,000 sq. ft.
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
As detailed within the
application, the lot is 14.86
acres in area.
x Yes No
b) Minimum lot width - 150 ft. x Yes No The Planning Board voted x Yes No
unanimously to make an
affirmative finding based on
the following:
As detailed within the
application the lot is
approximately one hundred
fifty (150) feet in width along
Terry Road.
26
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
c) Required front setback - 40 ft.
d) Required side and rear
setbacks - 20 ft.
e) Maximum building height - 25
ft.
x Yes No
x Yes No
x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
As detailed within the
application all proposed
structures shall meet the front
yard setback as shown on the
submitted site plan
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
All proposed structures shall
meet the side and rear yard
setback (s) as shown on the
submitted site plan
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The site plan indicates that no
structure shall be over twenty-
five (25) feet in height
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
x Yes No
x Yes No
27
ARTICLE 6 APPLICATION OF DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance• "No" indicates non -
compliance)
PLANNING BOARD EVIDENCE SUBMITTED ADMINISTRATION
FINDINGS Findings: TO SUPPORT FINDINGS RECOMMENDED
Findings:
Ordinance Requirements:
As required under Section
8.8.30, the applicant is
demonstrate compliance with
Articles Five (5) and Six (ti) of
the Ordinance, specifically
addressing issues over lot size,
setbacks, and land use
intensity.
Article 6 lists specific standards
that apply to various types of
development applications.
Article 6.12 contains those
development intensity
standards which apply to group
developments controlled by the
Land Use Intensity (LUI) system
as detailed within Section 6.12
and Section 5.1.2 of the Zoning
Ordinance
a) Minimum gross land area -
N/A
b) Maximum gross land area -
N/A
X Not Applicable
Not applicable - This
proposed project is not subject
to the requirements of Article
6.12 of the Zoning Ordinance
X Not Applicable
X Not Applicable
Not applicable - This
proposed project is not subject
to the requirements of Article
6.12 of the Zoning Ordinance
X Not Applicable
28
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
c) Maximum floor ratio - .088 or The Planning Board voted
57,064 sq feet of allowable floor x Yes No unanimously to make an
affirmative finding based on
area
the following:
In utilizing the information
supplied on the site plan, the
Board finds that the applicant's
proposal complies with the
Maximum Floor Ratio limit of
.088 per Section 5.1.2 and
Section 6.12.2.3 of the Orange
County Zoning Ordinance.
Specifically, the site plan
indicates that the proposed
floor area of the building is
approximately 9,980 square
feet.
d) Required minimum open The Planning Board voted
space ratio - .84 x Yes No unanimously to make an
affirmative finding based on
Required minimum open space the following:
- 543628 sq. tt. or 12.48 acres
In utilizing the information
supplied on the site plan, the
Board finds that the applicant's
proposal complies with the
Required Minimum Open
Space Ration requirement of
.84 per Section 5.1.2 and
Section 6.12.2.4of the Orange
County Zoning Ordinance
Specifically, the submitted site
indicates that there is
approximately 13 acres of
open space on the property.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes
x Yes
No
No
29
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
e) Required minimum
pedestrian/landscape ratio - .21
Required minimum pedestrian/
landscape space - 135,907 sq.
ft. or 3.12 acres
x Yes No
ADMINISTRATION
RECOMMENDED
Findings:
The Planning Board voted x Yes No
unanimously to make an
affirmative finding based on
the following:
In utilizing the information
supplied on the site plan, the
Board finds that the applicant's
proposal complies with the
Required Minimum
Pedestrian/Landscape Ratio of
.21 per Section 5.1.2 and
Section 6.12.3 of the Orange
County Zoning Ordinance
Specifically, there is
approximately 393,346 square
feet of pedestrian and/or
landscaped area as defined
under Section 6.12.3 of the
Orange County Zoning
Ordinance
30
ARTICLE 8.2.4 -SPECIFIC STANDARDS/ALL SPECIAL USES
("Yes" indicates compliance• "No" indicates non -compliance) (continued)
PIANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
Article 8.2.4 requires the
applicant to address the
following:
a) Method and adequacy of
provision for sewage disposal
facilities, solid waste and water
service.
x Yes No
The Planning Board voted
unanimously . to make an
affirmative finding based, on
the following:
Sewage disposal shall be
handled through a proposed
individual septic tank system
installed on the property.
Designed to a capacity of
1,110 gallons a day.
On April 21, 2008 the Orange
County Health Department
issued a memorandum
indicating that there is
sufficient land are on the
property to support the
required system but that the
area designated on the site
plan was of insufficient size.
The Health Department has
requested that the site plan be
modified to show a both an
active and repair area for the
septic system to be
approximately 22,000 to
27,000 square feet in area.
A recommended condition on
the approval of the SUP
request is that a final
application be made to the
Health Department allowing for
this use with a revised site
plan denting the property
active, ahd repair, septic field
configuration.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
31
PLANNING BOARD EVIDENCE SUBMITTED
FINDINGS Findings: TO SUPPORT FINDINGS
b) Method and adequacy of
police, fire and rescue squad
protection. x Yes No
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The Caldwell Rural Fire
Department will provide fire
protection.
Rescue services will be
provided by Orange County
EMS.
The Orange County Sheriffs
Department shall provide
police protection.
The .Planning Board received
correspondence from all
involved parties on this matter.
The Fire Marshall has made
several requests for
modification to the site plan to
address his concerns over:
1. The provision of a
water source for fire
protection for the
school,
2. That the roadway
allowing for access to
the school be
widened to a
minimum of twenty
(20) foot to allow for
emergency vehicle
access,
3. Fire lanes should be
installed to access
the classrooms from
the parking lot area.
A recommended condition on
the approval of the SUP
request is that any and all
required improvements
deemed necessary by the Fire
Marshall be incorporated into
a revised site plan prior to
submittal of a Building Permit
Application.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
32
PLANNING BOARD
FINDINGS Findings:
c) Method and adequacy of
vehicle access to the site and
traffic conditions around the x Yes No
site.
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The site plan indicates the lot
is accessed through a
driveway onto Teny Road.
This existing drive shall be
utilized to support the
proposed use:
While there are specific
standards concerning the
number and location of access
points for the proposed use,
as detailed within Section
8.8.30 (e), the site plan shows
a proper access point as
required by Section 8.2.4 of
the Ordinance.
ADMINISTRATION
RECOMMENDED
Findings:
x Yes No
33
ARTICLE 8 21 8 8.2.2 -APPLICATION COMPONENTS
~"Will" indicates compliance• "Will Not" indicates non -compliance)
FINDINGS
PIANNING BOARD
Findings:
EVIDENCE SUBMITTED
TO SUPPORT FINDINGS
Ordinance Requirements
In accordance with Article 8.2.1
and 8.2.2 of the Zoning
Ordinance, the Planning Board
shall also consider the following
general conditions before the
application for a Special Use
can be approved:
ADMINISTRATION
RECOMMENDED
Findings:
Article 8.2.1 & 8.2.2
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.
X Will Will Not
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
The applicant provided
sufficient detail proving that
the proposed use will maintain
and promote the public health,
safety and general welfare and
that the application was
consistent with the standards
of the Ordinance.
While the Planning Board
understood and sympathized
with the concerns of the
adjacent property owners, the
anecdotal evidence provided
via sworn testimony at the
June 24, 2008 Public Hearing
and the various e-mailed
letters provided to Board
members, from adjacent
property owners did not
establish sufficient factual
evidence warranting the denial
of the application.
X Will Will Not
34
Article 8.2.1
X Will Will Not
The Planning Board voted
unanimously to make an
affirmative finding based on
the following:
X Will Will Not
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).
Article 8.2.1
3. The location and character of
the use, if developed according
to the plan submitted, will be in
harmony with the area in which
it is to be located and the use is
in compliance with the general
plan for the physical
development of the County as
embodied in these regulations
or in the Comprehensive Plan,
or .portion thereof, adopted by
the Board of County
Commissioners.
The applicant provided an
appraisal from Mr. Everret
Vic) Knight indicating that the
proposed use would maintain
the value of adjacent property.
No formal evidence was
presented to the Planning
Board refuting Mr. Knight's
findings.
The Planning Board voted
unanimously to make an
affirmative finding based on
X Is ,_ is Not the following:
The applicant provided
sufficient detail proving that
the proposed use complies
with all applicable County
standards for the development
of schools and was consistent
with the regulations/goals
outlined within the County
Comprehensive Plan.
While the Planning Board
understood and sympathized
with the concerns of the
adjacent property owners, the
anecdotal evidence provided
via sworn testimony at the
June 24, 2008 Public Hearing
and the various e-mailed
letters provided to Board
members from adjacent
property owners did not
warrant denial of the
application as it did not
establish competent evidence
that the project was
inconsistent with County
regulations or policies.
X Is _ Is Not
35
RECOMMENDATION:
The Planning Board has not received any information that would establish grounds for making a negative finding on the general
standards. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or
enhancing the value of contiguous property, and the use being in compliance with the general plan for the physical development of
the County. While the Board has received numerous complaints ftoin several adjoining property owners concerning the use of this
property as a school, no formal documentation has been submitted indicating that a negative finding should be made regarding this
project.
The Planning Board has reviewed the application, the site plan, and all supporting documentation and has found that the applicant
complies with the specific standards and required regulations as outlined within Article Eight (8) and Section 8.8.30.
Provided the Board of County Commissioners finds in the afFrmative on the specific and general standards, the Board could make
a positive finding on this application. In the event that the Board of County Commissioners makes the determination that the permit
can be issued, the Planning Board and Planning Staff recommends the attachment of the following conditions to the Special Use
Permit:
1. That the site plan be revised to denote a thirty (30) foot vegetative buffer along all common property lines
and that the SUP contain a condition requiring the applicant to install and maintain a thirty (30) foot buffer
to the Type A buffer standard as detailed within Section 12.6.1 of the Ordinance and that further this
required buffer be shown on any and all submitted site plans proposing the development of this property in
accordance with Article Fourteen (14) of the Zoning Ordinance,
2. That a condition be placed on the SUP that the Fire Marshall and representatives of the Caldwell Fire
Department shall review and approve the revised site plan prior to the issuance of any Building and/or
Zoning Compliance Permit(s) approving the location of all proposed improved fire lanes and stacking
areas, verifying that they comply with all applicable North Carolina Fire Protection Code standards, and
approve the development, size, and use of a pond as a emergency water source for fire suppression
activities prior to the start of land disturbing activities,
3. That a condition be placed on the SUP requiring the applicant to apply for any and all necessary septic
and well permits from the Orange County Department of Environmental Health within one hundred eighty
(180) days from the approval of this application and that such permits shall be issued prior to any land
disturbing activity,
4. That a condition be placed on the SUP requiring the applicant to apply for a Building and/or a Zoning
Compliance Permit within one hundred eighty (180) days from the approval of this application and that
such permits shall be issued prior to any land disturbing activity,
5. That a condition be placed on the SUP requiring that the applicant secure a Soil Erosion and Grading
permit from the Orange County Erosion Control Division within (180) days from the approval of this
application and that such permits shall be issued prior to any land disturbing activity,
6. That the applicant, as part of their building permit application submission, shall include documentation
from the State of North Carolina indicating that the school has received any and all necessary
certifications allowing them to operate as a private school and that their curriculum has been certified as
meeting any and all local, State, and Federal requirements,
7. That a condition be placed on the SUP requiring the applicant to adhere to any and all additional
conditions that may be imposed by NC DOT in accordance with their driveway permit as part of the permit
review for this project,
8. That a condition be placed on the SUP requiring the applicant submit to the Director of Planning and to the
Public Health authorities of the County, representatives of Cooperative Extension, and other County
ofFcials as directed by the Planning Director, a yearly certification that a veterinarian in good standing has
reviewed the status, health and welfare of the animals on site as of January 1 of each year and certifies
that the animals are in good health,
9. That a condition be placed on the SUP requiring the applicant to arrange for an annual review by the
County Extension agent regarding utilization of the site as a demonstration farm to ensure there are
adequate facilities for the care, health, and safety of the animals and the applicant conforms to the U.S.
Department of Agriculture's Animal Care and Use requirements and Animal Welfare,
10. That a condition be placed on the SUP requiring the applicant make arrangements to provide adequate
parking arrangements on their property during special events and any and all necessary measures to
keep their guests from parking on neighboring roads or on neighbors property'
36
11. That a condition be placed on the SUP requiring the applicant adhere to the bungalow style of
construction as detailed within the renderings submitted as part of the SUP application,
12. That a condition be placed on the SUP requiring the applicant to install the 30 foot required buffer along
Terry Road beginning at the furthest edge of the right of way and from the point there is sufficient site distance to
enter and exit the properly,
13. That the applicant shall be encouraged to promote car pooling programs for parents utilizing the school facility,
14. That 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, and
15. The Special Use Permit will automatically expire within twelve (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 County Commissioners as
provided in 8.4.11 of the Orange County Zoning Ordinance.
ATTACHMENT THREE (3) :Memo from Mike Tapp concerning fire lane
construction standards
Michael Harvey
From: Mike Tapp .
Sent: Wednesday, September 24, 2008 4:55 PM
To: Michael Harvey
Cc: Andy Gates
Subject: Fire apparatus access road far the Montessori School Faclitiy, 711 Terry Road
37
Michael,
Fire lanes for access to the proposed Montessori School at 711 Terry Raad must be installed and
maintained in accordance with the provisions of the North Catalina Fire Prevention Code. The following'
dimensions and specifications are defined in Section 503 of the Fire Code.:
1. Approved fire apparatus access roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within the jurisdiction. Fire apparatus roadways
shall extend to within 150 feet of all portions of the facility and all
2. Fire apparatus roadways shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance not less than 13 feet 6 inches.
3. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire
apparatus and shall be surfaced so as to provide all weather driving capabilities.
4. Approved signs shall be provided for access roads to identify such roads or prohibit the obstruction
therof. Fire apparatus roads shall nofi be obstructed in any manner, including the parking of vehicles.
Minimum widths (20 feet) and clearances (13 feet 6 inches) shall be maintained at all times.
Water supplies for fire protection must be designed and submitted for approval by the Fire Marshal's
Office and the Caldwell Fire Department. The Caldwell Fire Department will submit comments on their
need for a water supply at the school.
If you need additional information, please contact me
Mike Tapp
Fire Marshal
Orange County Emergency Services
P.O. Box 8181
Hillsborough, NC 27278
office: 919-245-6124
fax: 919-732-8130
cell: 919-730-8934
09/26/2008
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~'~7 r"P'~V 1-~'I~A 1 I'I~AA'y~~ i ~~''il~
ATACHMENT FOUR (4) :Letter from Caldwell Fire Department concenring 39
provision of services
CALDVVE~.,L SIRE 1JEPAR.TMEN'I'
7020 GUESS RD.
ROUGEMONT NC.27572
To; Orange County planning Department
Michael Harvey
Subject Montessori school Terry Rd
The proposed Montessori School facility at 711 Terry road is within the Caldwell Fire District and the Caldwell
Fire department provides fire and first responder services to that area. There axe no fire hydrants in the district
and the department relies on static water points within the district far water supplies fox fire protection. The
proposed facility would be considered an educational facility with increased life safety considerations due to the
occupancy of the building Water supplies for fire protection in educational facilities must be considered when
a facility is constructed.
The North Carolina Department of Insurance admi~ustexs the Response Rating Survey program, where all fire
districts and departments are graded for insurance purposes. Static water supplies (pond etc.) £or fire protection
should be located at a distance nat to exceed 1 '/a miles. The closest existing water point in the area would
exceed this distance from the proposed school site and adequate water supply is.maxginal during the beat of
times. Static water supplies approved by the Department Of Insurance, Office of the State Fire Marshall for
grading purposes should contain a minimum of 30,000 gaIIons of available water and capable of withstanding
a drought with an average 50 year frequency. When the Depaxtcnent of Insurance grades fine districts, the
grading process is done using the needed fire flow on commercial properties only, such as the proposed
Montessori school. If a water source is not available within 1 '/a miles, the department could lose points .during
a grading process, thereby compromising the insurance ratings for the entire fire district. We have held
conversations with Orange County Fire Marshal Mike Tapp and he is in agreement wit our recommendations.
A water poauzt needs to be established at the site in order £ox the Caldwell Fite Department to adequately
provide fire protection to the school. We are not seeking to prghibit approval or construction of the facility,
only to ensure that life safety considerations axe considered during times of emergencies and that the fire
department has an adequate water supply for fine protection purposes.
Respectfully,
Andy Gates
Chief Caldwell Fire
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Attachment 5
41
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION OF APPROVAL OF A CLASS A SPECIAL USE PERMIT
FOR A PRIVATE SCHOOL AT 711 TERRY ROAD (SR 1573)
Lisa Wallace /Case Number A-2-08 / 711 Terry Road
The Board of County Commissioners (hereinafter "Board") of Orange County, North Carolina,
having conducted a public hearing on the Class A Special Use Permit (hereafter `SUP')
application on June 24, 2008 and, having considered all written and oral evidence presented at
such hearing(s) and incorporated into the record, hereby determined that the findings for granting
the SUP approval under the Orange County Zoning Ordinance (hereafter `the Ordinance") have
been met, and the SUP requested is hereby approved.
THE BOARD HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND
CONCLUSIONS OF LAW BASED ON THE EVIDENCE PRESENTED AT THE
PUBLIC HEARING OR OTHERWISE INCLUDED IN THE HEARING RECORD:
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; 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.
Orange County Zoning Ordinance Section 8.2.1 requires that, "[bJefore any application for a
Special Use Permit shall be approved: The applicant shall have the burden of establishing, by
competent, material and substantial evidence, the existence of the facts and conditions which this
ordinance requires for approval."
Section 8.2.1 also requires the Board to make written fmdings certifying compliance with the
specific rules governing such individual Special Uses and that the use complies with all required
regulations and standards including the general condition contained in Section 8.2.1(b) of the
Ordinance.
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In rendering this decision, the Board finds as follows:
1. That the applicant met their burden of proof by establishing by competent material and
substantial evidence that the proposed use was complaint with the provisions of the
Ordinance,
2. There was no competent material or substantial evidence presented to refute the
applicant's testimony or to show that the project did not comply with the requirements of
the Ordinance,
3. That the impact analysis, completed by Mr. Jeff Odell, did not establish substantial
evidence refuting the appraisal report, submitted by the applicant, completed by Mr.
Everett `Vic' Knight, during the June 24, 2008 Public Hearing.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Special Use Permit Lisa Wallace /Case Number A-2-08 / 711 Terry
Road is denied.
Upon motion of Commissioner ,seconded by Commissioner ,
the foregoing resolution was adopted this the day of , 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of
the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2008.
Clerk to the Board of Commissioners
Attachment 6
43
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION OF DENIAL OF A CLASS A SPECIAL USE PERMIT
FOR A PRIVATE SCHOOL AT 711 TERRY ROAD (SR 1573)
Lisa Wallace /Case Number A-2-08 / 711 Terry Road
The Board of County Commissioners (hereinafter "Board") of Orange County, North Carolina,
having conducted a public hearing on the Class A Special Use Permit (hereafter `SUP')
application on June 24, 2008 and, having considered all written and oral evidence presented at
such hearing(s) and incorporated into the record, hereby determines that the findings for granting
the SUP approval under the Orange County Zoning Ordinance (hereafter `the Ordinance") have
not been met, and the SUP requested is hereby denied.
THE BOARD HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND
CONCLUSIONS OF LAW BASED ON THE EVIDENCE PRESENTED AT THE
PUBLIC HEARING OR OTHERWISE INCLUDED IN THE HEARING RECORD:
1. That the use 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).
Orange County Zoning Ordinance Section 8.2.1 requires that, "[bJefore any application for a
Special Use Permit shall be approved: The applicant shall have the burden of establishing, by
competent, material and substantial evidence, the existence of the facts and conditions which this
ordinance requires for approval."
Section 8.2.1 also requires the Board to make written findings certifying compliance with the
specific rules governing such individual Special Uses and that the use complies with all required
regulations and standards including the general condition contained in Section 8.2.1(b)(2) of the
Ordinance which reads in pertinent part as follows: "The use will maintain or enhance the value
of contiguous property ... "
In rendering this decision, the Board finds as follows:
1. There was no arguments presented by the applicant indicating that this proposed use was
a `public necessity' thereby eliminating the need to submit competent, material, evidence
that the use will maintain or enhance adjacent property values,
2. Mr. Jeff Odell, an experienced residential real estate appraiser, submitted an `impact
analysis' concerning the impact the proposed private school would have on an adjacent,
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undeveloped, residentially zoned property owned by Mr. Keith Tilley if such property
was improved: Mr. Odell testified that:
a. Due to the increased traffic along Terry Road, as the result of the school's
development, the `marketability and as a result the market value of the subject
property, as improved, will be negatively affected' for Mr. Tilley's property; and
b. Due to the proposed location of the school buildings, as shown on the submitted
site plan, the visual impact on Mr. Tilley's property would be significant and
affect the marketability and market value of the lot.
3. The Board determined that, based on the testimony and written impact analysis prepared
by Mr. Odell, that sufficient evidence had been entered into the record showing how the
use would not maintain or enhance the value of adjacent property.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Special Use Permit Lisa Wallace /Case Number A-2-08 / 711 Terry
Road is denied.
Upon motion of Commissioner ,seconded by Commissioner ,
the foregoing resolution was adopted this the day of , 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of
the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2008.
Clerk to the Board of Commissioners