Class B Special Use Permits

Note: Class B Special Use Permits are reviewed in a quasi-judicial setting requiring approval by the Board of Adjustment.

Red Wolf

Site Plan

Class B Special Use Permit – Orange County Lacrosse

Orange County Planning staff has received a Class B Special Use Permit (SUP) application proposing a new lacrosse facility, Orange County Lacrosse, on Atkins Road. You are receiving this letter because property you own is within 1,000 ft. of the lacrosse property, which is further described as follows:

Parcel Identification Number (PIN)



Chakey, Pedneau, and Olive, LLC


On Atkins Road near the intersection of NC 49 and Lynch Store Road 


67.69 acres

Proposed Use

Recreational Facility (Class B SUP Required)


Agricultural Residential (AR)

Back Creek Protected Watershed

The applicant is proposing a privately-owned outdoor recreational facility for lacrosse league practice and tournaments. If approved, the facility will include the following features:

  • 6 grass lacrosse fields;
  • 281 parking spaces (72 paved and 209 gravel); and
  • A 100’ wide vegetative buffer around the perimeter of the property.

The applicant is not proposing any outdoor lighting or permanent restroom facilities (i.e., septic systems). With no lighting, the facility would operate during daylight hours only.

 There will be a Neighborhood Information Meeting (NIM) on Tuesday, December 17th. The meeting will allow neighbors to meet with the applicants and discuss the proposed project. It will also give Planning staff the opportunity to answer any questions regarding the permitting process.

 Here are the details for the Orange County Lacrosse NIM:

NIM Meeting Date

Tuesday, December 17, 2019


6:30 p.m.


Orange County Library

137 W. Margaret Lane

Hillsborough, NC 27278

After the NIM, the Orange County Board of Adjustment will hold a Quasi-Judicial Hearing to decide the Class B SUP case. We will update the website when an official hearing date is scheduled.

For more information on this project, please call Current Planning at 919-245-2574 and/or review the following documents:

Wild Flora Farm / Barn of Chapel Hill

  • On Oct. 13, 2017, Orange County Planning issued a final determination on the status of the Wild Flora Farm. Below are links to relevant documents, including the determination letter to the property owners. All documents are saved as PDFs.
  • February 16, 2018 Public Records Request – Barn of Chapel Hill:  County staff received a public records request concerning an appeal application for the Barn of Chapel Hill located at 7316 Morrow Mill Road (PIN 9729-50-7168).  The appeal application involves the final determination of the Planning Director, as articulated in an October 13, 2017 letter, concerning the aforementioned parcel of property located at the intersection of Morrow Mill and Millikan Roads owned/operated by Southeast Property Group LLC (a.k.a. Wild Flora Farm) care of Ms. Kara Brewer.  The review of this item includes the Board reviewing/acting on a request from the applicant to issue subpoenas compelling the submittal of information deemed essential to the proceeding.    The following represents the County’s response to this request.  Please note it does not contain the staff prepared abstract for the Board of Adjustment, which has not been completed as of March 5, 2018.  This item will be posted on the Orange County website, under the Board of Adjustment tab on the Planning Department webpage, once completed.
  • Appeal of subpoenas issues by the Board of Adjustment – Late on July 5, 2018 County staff was notified, via e-mail, the Board of Adjustment’s decision to issue subpoenas for information concerning the Barn of Chapel Hill had been appealed to Superior Court.

  • Subpoena Response

  • Motion to Quash and Modify

    • Background:  At its May 7, 2018 regular meeting the Board of Adjustment began review of an appeal involving a determination made by the Orange County Planning Department concerning the Barn of Chapel Hill Property.  This appeal included requests, submitted by the applicant’s attorney, that the Board issue subpoenas to the following entities:
1.        Southeast Property Group, LLC,
2.        Wild Flora Farms, LLC,
3.        The Barn of Chapel Hill, LLC,
4.        Kara Brewer a/k/a Kara M. Brewer, and
5.        Chris Brewer

requesting information submitted/caused to be submitted to the North Carolina Department of Revenue and/or to Orange County regarding alleged eligibility/compliance with the provisions of N.C.G.S. 153-340, 105-164.13E(a), 105-277.3. 
A copy of the issued subpoenas can be access here: Subpoenas

  • As a reminder the appeal is related to an October 12, 2017 determination made by staff a structure located on the aforementioned property is classified as a bona fide farm purpose pursuant to the provisions of NCGS 153A-340 (b) (2a) and is not subject to the land use regulations as embodied within the Orange County Unified Development Ordinance (UDO).
  • The Board issued the requested subpoenas and asked for all requested documents be submitted at the July 9, 2018 regular meeting.  The Board of Adjustment is scheduled to continue the hearing at its August 13, 2018 regular meeting.

  • As indicated this decision (i.e. to issue the subpoenas) has been appealed to Orange County Superior Court.  Please note County staff has no involvement with the review of this request through the court system and cannot offer updates on when said appeal will be heard or acted upon.  Additional information shall be posted when it becomes available.

  • Public Statement on Wild Flora Farm LLC / Southeast Property Group LLC continued enforcement efforts

  • On August 9, 2019 the following court document was filed entitled, “Petitioners Notice of Voluntary Dismissal without Prejudice”. Those interested in the notice can read the document below and the related letter from Orange County Planning Department dated April 22, 2019 entitled, “Zoning Determination”.

Holly Creek Lane - Operation of a Recreational Facility

  • County staff received a public records request concerning the on-going review of the purported operation of a Recreational Facility, specifically a cricket league.  The parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9758-52-5171, is an approximately 16 acre parcel of property located at the intersection of Old Greensboro Highway and Holly Creek lane within the Bingham Township of Orange County. 
  • The use of a parcel of property for personal recreational activities is not prohibited.  In those instances where a recreational land use is open to members of the general public for some form of compensation, a Class B Special Use Permit is required allowing for the activity to occur in accordance with the provisions of the Orange County Unified Development Ordinance (UDO). 
  • Staff determined in the fall of 2017 a Class B Special Use Permit (hereafter ‘SUP’) would be required to allow for cricket events to occur on the property as these events were part of a formal league operating within the area.  The property owner has been in contact with staff on the possible appeal of this determination as well as requesting information on the submittal and processing of a SUP application allowing for the cricket matches, connected to a league, to continue from the property.  The file (171 pages) represents all correspondence on this matter.  As of April 2, 2018 no appeal or SUP application have been submitted to the County for processing.

Construction of a Telecommunication Facility (i.e. telecommunication tower) at 

1941 Mount Carmel Church Road

  • Parcel Identification Number (PIN) and Map:
    • 9796-09-9658 (the Buckner Family Farm Trust) - 18 acres in area
    • 9797-00-5005 – an approximately 2 acre parcel of property owned by Edwards Williams. A driveway accessing the proposed tower will be located on this property
  • Proposal: TowerCom IV, LLC has submitted a Class B Special Use Permit application seeking a permit to erect a 199 foot tall (195 foot tall tower with a 4 foot lighting pole at the top for a combined total height of 199 foot) monopole telecommunication facility (i.e. a telecommunication tower).
  • Date of Submittal: 
    • Application submitted on September 30, 2016.
    • Notification of balloon test date submitted on September 30, 2016
  • Stage of Review: The application is being reviewed by staff for compliance with the County Unified Development Ordinance (UDO). Neighborhood meeting and required balloon test was held on October 15, 2016.
  • Current Status: Public Hearing scheduled for December 12, 2016. Meeting will be held in the main Conference Room located on the Lower Level of the West Campus Office Building located at 131 West Margaret Lane, Hillsborough, North Carolina

TowerCom Related Documents