Defend the Maple View Legacy
Respect the Local Community and Rural Orange County
The March 12th hearing has been postponed to June 11th. We will keep you updated on any new developments. Thank you for your continued interest and support.
The History of Events:
Maple View Farm, Union Grove Farm, the Amphitheater, and the Board of Adjustments Appeal
Statement by the Maple View Community
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Several limited liability corporations coordinated by Union Grove Farm, a venture capital firm, acquired Maple View Farm in 2022. Maple View Farm was managed by the Nutter family as a dairy for many decades. In 1995, the Nutters granted the Triangle Land Conservancy a conservation easement over much of the farm. Union Grove Farm acquired the property subject to this easement and grant of development rights. The purposes of the conservation easement are “to protect in perpetuity the open space character, agricultural productivity, watershed protection and scenic qualities of the property and to assure the availability of the property in perpetuity for agricultural use.” The conservation easement prohibits any new access roads and new buildings and structures in the designated farm operations area that are not used solely for agricultural purposes.
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Union Grove Farm and the surrounding area are within the Orange County Rural Buffer Zoning District. The purpose of the Rural Buffer District “is to provide locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate more intensely planned and/or developed portions of Orange County.” The zoning ordinance states no urban services including water or sewer are provided to the area or likely to be provided within 10-20 years. The Rural Buffer Zoning District prohibits most commercial and industrial activities including an outdoor theater use allowing the congregation of people to observe or listen to a performance.
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State law exempts farming and certain farm activities related to farm purposes from county zoning but does not limit zoning regulation with respect to the use of farm property for non-farm purposes. Farm purposes include agritourism, but only if the activity is taking place on a farm because of its farm or rural setting.
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Union Grove Farm requested an Advisory Opinion from the Orange County Planning Director whether specified proposed commercial uses of the farm, including a 2500 seat amphitheater, constitute agritourism exempt from county zoning. On March 19, 2024, the Orange County Planning Director issued an Advisory Opinion that the proposed 2500 seat amphitheater does not constitute agritourism, concluding: “Relationship to agricultural activities is incidental and not demonstrated. … There is no evidence that the amphitheater simply does not constitute a second primary use of the land independent from the farm and its operations.” Although the location, size, and purpose of the proposed 2500 seat amphitheater did not change, the Orange County Planning Director issued a second Advisory Opinion on November 12, 2024 stating the described amphitheater is a form of agritourism not subject to Orange County local zoning (also noting that if it is subject to Orange County zoning, it would be prohibited in the Rural Buffer Zoning District).
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Three named petitioners supported by many in the surrounding community have appealed to the Board of Adjustment the decision of the Orange County Planning Department that the proposed 2500-seat amphitheater use is agritourism and exempt from Orange County zoning. They seek and expect the Rural Buffer Zoning District requirements to be implemented and enforced as the law allows and requires. The first Advisory Opinion of the Planning Department correctly concludes that the relationship of the proposed amphitheater to agricultural activities is incidental and not demonstrated, is independent from the farm and its operations, and does not constitute agritourism exempt from county zoning. Petitioners and their many supporters in the surrounding community also support the efforts by the Triangle Land Conservancy to address violations of its conservation easement and protect the conservation values of the farm for the public interest. A hearing before the Board of Adjustment on the appeals by the community members and Triangle Land Conservancy will be held on March 12, 2025, at 7 pm, The Whitted Building, 300 W. Tryon St., Hillsborough, NC.
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Statement by Triangle Land Conservancy
As many of you know, Triangle Land Conservancy holds a conservation easement on a portion of Union Grove Farm that was previously home to Maple View Farm in Chapel Hill. Conservation easements are voluntary legal agreements between a landowner and an entity, like TLC, that perpetually protect the property while allowing the landowner to retain certain rights for use of the land.
TLC has been engaged in an ongoing legal dispute over the terms of the conservation easement brought about by some changes made to the property since new ownership in 2022.
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Recently, TLC filed an appeal of a determination by the Orange County Planning Department which classified a 2,500-seat amphitheater as “agrotourism” and, thus exempt from County zoning. Three neighbors have also filed a separate appeal of the determination as well as proposed commercial activities by Union Grove Farm in Orange County’s Rural Buffer zoning district. The County has determined that the Farm Stay Center (including an inn) does not qualify as agrotourism and that decision has not been appealed, so this subject will not be discussed at the hearing.
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The Orange County Board of Adjustment will conduct a hearing on both TLC’s appeal and the neighbors’ appeal on March 12, 2025. The Board of Adjustment is a quasi-judicial decision-making board and will conduct the hearing in accordance with its rules of procedure and state law. Our legal counsel will present evidence in support of the TLC appeal. People who have relevant facts may be allowed by the Board of Adjustment to speak. Interested friends and neighbors are welcome to attend the hearing.
TLC takes its role as easement stewards seriously and always works to find the best outcome for conservation.
We are grateful for the outpouring of public support to enforce the terms of our conservation easement at Union Grove Farm and will keep our neighbors and friends posted about the outcome of the hearing.