Orange County BOA Minutes 23 09 13 Signed

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Approved 10.18.2023 1 AGENDA ITEM 3: APPROVAL OF MINUTES—January 11, 2023 2 3 MOTION made by Beth Bronson to approve the January 11, 2023 minutes as presented. Seconded by Nathan 4 Robinson. 5 VOTE: Unanimous 6 7 AGENDA ITEM 4: PUBLIC CHARGE 8 9 Leon Meyers: I am going to read the public charge for both the public and the Board of Adjustment, and this is, bear 10 with me, it's important information. It'll just take a few minutes to get through. The Board of Adjustment pledges to the 11 citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous 12 manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to 13 observe this public charge, I will ask the offending person to leave the meeting until that individual regains personal 14 control. Should decorum fail to be restored, the Chair, I will recess the meeting until such time that a genuine 15 commitment to this public charge is observed. All electronic devices should please be turned off or set to vibrate. The 16 Board of Adjustment is a quasi-judicial administrative body established in accordance with the provisions of local 17 regulations, the UDO, and State law to perform specified functions essential to the County's planning program. And 18 one of those is to consider special use permits like the one that's on the agenda tonight. Actions taken by the board are 19 based solely on competent, substantial, and material evidence presented during a previously scheduled and advertised 20 public hearing, like tonight's hearing, and the hearing has a specific item. As detailed within Section 2.12.2 of the 21 Unified Development Ordinance, the Board chair reserves the right to exclude evidence and testimony that is deemed: 22 'incompetent, irrelevant, immaterial, or unduly repetitious' and therefore fails to reasonably address the issues before 23 the Board of Adjustment. While it should be noted there is no time limit on the presentation of evidence, the Chair asks 24 that the presentation of evidence be consistent with established policies and rules of procedure, and acceptable levels 25 of decorum to ensure a fair and equitable hearing for all parties. Anybody have any questions about the charge for the 26 board and the charge for the public? If not, I'll go ahead and open the public hearing. Is that right, Cy? Time to do 27 that? 28 29 Cy Stober: You may do that. We were not, there were a few slides before we get to findings of fact, but opening the 30 public hearing now would be, is absolutely at your discretion. 31 32 Leon Meyers: All right, good. Then we are in the public hearing. 33 34 5. CASES: 35 A. A-1-23—Evidentiary Hearing to review a Special Use Permit request submitted by The Nest at Hwy 36 54 West, LLC. proposing to develop Camp/Retreat Center(PIN: 9820-50-8290) located on NC 54 W, 37 southeast of intersection with Mebane Oaks Road, Mebane, NC within the Bingham Township of 38 Orange County 39 40 Cy Stober: So, before we get to the findings of fact and the staff findings regarding the special use permit tonight, I just 41 wanted to note where we are in the process and some establishment of foundations of what a special use permit is and 42 the deliberations of the Board of Adjustment this evening. So, regarding the special use permit generically, without 43 specifics, it has been reviewed by staff. A neighborhood meeting was held, and the Board of Adjustment is meeting 44 tonight to conduct an evidentiary hearing. Special use permits are identified in 160D-102 as a duty of a jurisdiction to 45 review in special use cases, specifically to authorize development or land uses in a particular zoning district upon 46 presentation of competent material and substantial evidence establishing compliance with one or more general 47 standards requiring that judgment and discretion be exercised, as well as compliance with specific standards. So, this 48 goes above and beyond the standards or the use-specific standards of the UDO and is reserved for special 49 consideration. In addition, the Board of Adjustment is charged by state law to consider special uses under a quasi- 50 judicial procedure, which is detailed in state law under 160D-406. Some special uses may be assigned to other bodies. 2