Orange County NC Website
Approved 11/8/2010 <br /> <br />OC Board of Adjustment – 10/11/2010 Page 5 of 35 <br />2 <br />4 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />2. The development of an approximately six thousand (6,000) square foot building housing the proposed 1 <br />educational facility, <br />3. The location of three (3) gravel bus parking spaces, twenty (20) feet by sixty (60) feet in size, south west of 3 <br />the proposed building to accommodate bus traffic resulting school field trips and other similar activity busses, <br />4. The location of thirty-six (36) parking spaces to the south of the facility to support the facilities parking needs, 5 <br />5. The reserving of approximately fifteen (15) acres for continued farm use, and 6 <br />6. The preservation of existing buffers along the perimeter of the property. 7 <br /> <br />According to the approved SUP, the development of the Project as well as all necessary site improvements, both <br />internal and external, shall be developed in accordance with: <br /> <br />a. The provisions of the Orange County Zoning and Subdivision Regulations, <br />b. Any and all applicable Federal, State, and local regulations, <br />c. The Mapleview Educational Facility Class B SUP application including any and all project narratives, site <br />plans, reports, renderings, architectural and/or engineering design renderings, comments, commitments, <br />and supporting documentation contained therein, and <br />d. The approved Mapleview Educational Facility Class B SUP application and project file for the <br />aforementioned project on file within the Orange County Planning and Inspections Department <br /> <br />As staff noted within their June 22, 2010 Courtesy Notice, the following additional activities were documented/noted as <br />occurring on the property: <br /> <br />i. Yoga instruction/classes, <br />ii. Special events/fundraisers (i.e. The Great Dane Rescue Society), <br />iii. Retail sales (i.e. Maple View Country Store), <br />iv. The Hands-on Farm Labs and instructional classes (i.e. soil science, animal science, plants and <br />horticulture, insects, etc.), <br />v. Space rental for private events (i.e. family reunion, wedding receptions, birthday and holiday parties, etc), <br />vi. Field trips from local schools, and <br />vii. Hayrides <br /> <br />In reviewing the SUP application and the testimony from the public hearing held by the BOA some of these activities <br />were not proposed or approved by the BOA as part of the SUP, specifically the use of the facility for fundraisers, <br />private events (i.e. birthday parties, wedding receptions, etc), non-farm related classes (i.e. yoga instruction), retail <br />sales, and all other similar activities. <br /> <br />Staff determined that: <br /> <br />• The additional uses of the facility, as referenced herein and detailed within our June 22, 2010 Courtesy <br />Notice, constitute a modification to the approved SUP based on the requirements of Section 8.7 of the <br />Ordinance, and <br />• The addition of such land uses to the property requires the review and approval of the Board of Adjustment as <br />detailed within Section 8.7 of the Ordinance. <br /> <br />The applicant disputes this finding and argues that they have not modified the allowable land uses in contradiction to <br />the Ordinance (please refer to their application contained within Attachment D of this packet). <br /> <br />