HomeMy WebLinkAboutAgenda - 02-03-2009 - 4j ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 3, 2009
Action Agenda
Item No. 4 -
SUBJECT: Legal Advertisement for Quarterly Public Hearing — February 23, 2009
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Legal Advertisement Craig Benedict, Planning Director,
2. Map for 214 Phelps Road 245- 2592
Perdita Holtz, Planning Systems
Coordinator 245-2611
PURPOSE: To consider the legal advertisement for items to be presented at the Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 23,
2009.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general County policy and presentation format. The following
items are proposed for consideration at the February 23, 2009 Quarterly Public Hearing and
further detail on each item is provided in the legal advertisement in Attachment 1.
1. Zoning Ordinance Amendment: Incorporation of the County's Flood Damage Prevention
Ordinance (FDPO) within the Orange County Zoning Ordinance as well as the adoption of
several amendments to the existing Orange County Flood Insurance Rate Maps (FIRM).
(The state and federal government / FEMA has requested the `freestanding' FDPO become
part of the Zoning Ordinance (text and map). Therefore, those property owners who have
floodplains and floodways on their properties must be notified. This entails approximately
2,000 notices for directly-affected properties plus an additional 2,000 notices to meet the
zoning ordinance requirement of properties within 500-feet of a zoning map amendment).
2. Zoning Ordinance Amendment: Review of proposed ordinance amendments to Article 2,
Sections 2.2.14.3 through 2.2.14.9, clarifying the procedures and requirements for
amendments to the adopted Comprehensive Plan.
3. Zoning Atlas Amendment: EC-5 (Existing Commercial—5) relocation at 214 Phelps Road
4. Zoning Ordinance Amendment: Conditional Use District/Conditional Zoning
5. Zoning Ordinance Amendment: Establish regulations for drive-thru facilities
FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2008-09
Budget, there are no direct financial impacts associated with the approval of this item. The cost
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of item 1 is approximately $6,000 for direct mailings plus approximately $3,000 for required
newspaper ads.
RECOMMENDATION(S): The Administration recommends the Board approve the proposed
February 23, 2009 Quarterly Public Hearing legal advertisement.
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NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Central Orange Senior Center, 103 Meadowlands
Drive, Hillsborough, North Carolina, on Monday, February 23, 2009, at 7:30 PM for the
purpose of giving all interested citizens an opportunity to speak for or against the
following items:
A. PUBLIC HEARING ITEMS
1. Zoning Ordinance and Atlas Amendment: Creation of a new Zoning Overlay District
entitled Special Flood Hazard Area (SFHA) incorporating the County's existing Flood
Damage Prevention Ordinance within the Orange County Zoning Ordinance as well
as amending the official Zoning Atlas map to delineate the SFHA on properties within
the County encumbered by flood zones as delineated on the FEMA Flood Insurance
Rate Maps (FIRM).
Orange County has a Flood Damage Prevention Ordinance that is currently
independent of the existing Zoning Ordinance. Due to a recent interpretation by the
State Attorney General's office, the County Attorney has advised the existing flood
regulations ought to be incorporated into the Zoning Ordinance.
This proposal will involve the following:
1. Amendment to Articles Four (4) Establishment of Permitted Use Table and
Schedule and Six (6) Application of Dimensional Requirements to create the
proposed Special Flood Hazard Area (SFHA) Overlay Zoning District,
2. The amendment of the Orange County Zoning Ordinance to incorporate the
existing flood regulations including, but not limited to, the following:
a. Article One (1) General Provisions to include language concerning the
prohibition of farm structures within identified flood plain,
b. Article Two (2) The Board of County Commissioners and its
Administrative Mechanisms to include the various procedures,
guidelines, and standards associated with the processing of variance
requests from flood regulations,
c. Article Three (3) Establishment of Zoning Districts and Atlas to
reference the existence of the Flood Insurance Rate Maps,
d. Article Four (4) to include language requiring all uses of property to
comply with flood regulations,
e. Article Six (6) to reference compliance with flood regulations in various
standards as well as change existing references to correspond to the
proposed new location of the County's flood regulations,
f. Article Eight (8) Special Uses to modify existing standards for various
uses concerning development within identified flood zones,
g. Article Ten (10) Off-street Parking and Loading to include language
requiring parking areas to comply with flood regulations,
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h. Article Eleven (11) Non-conformities to include a new section
concerning regulations governing non-conforming structures affected
by the flood plain,
i. Article Fourteen (14) Site Plan Approval Procedures to incorporate site
plan submittal requirements for proposed structures and/or land uses
on property that is encumbered by identified flood zones,
j. Article Twenty (20) Amendments to reference the process necessary
to modify/amend the County Flood Insurance Rate Maps,
k. Article Twenty-one (21) Administration to include language outlining
the administration of the County's flood regulations,
I. Article Twenty-two (22) Definitions to include definitions on the various
terms associated with the County's flood regulations,
m. Article Twenty-three (23) Enforcement to include new language
concerning the enforcement of County flood regulations,
n. Article Twenty-four (24) Legal Status Provisions and Effective Date to
incorporate language concerning the adoption and enforcement of
flood standards within the County.
3. The amendment of the Orange County Subdivision Ordinance as follows:
a. Section II to provide new definitions for various terms relating to the
Special Flood Hazard Area including, but not limited to: floodplain,
floodway, special flood hazard area,
b. Section I-F referencing the section of the Zoning Ordinance containing
the proposed Special Flood Hazard Area (SFHA) Overlay Zoning
District
4. The adoption of amendments to the County Flood Insurance Rate Maps,
modifying the actual location of flood hazard areas of properties within the
County,
5. Amendment of the County Zoning Atlas to delineate the location of the
Special Flood Hazard Area (SFHA) Overlay Zoning District as currently
depicted on the FIRM maps, and
6. The retraction of the existing Flood Damage Prevention Ordinance in its
current form.
Purpose: To receive citizen comment on the proposed amendments incorporating
the flood regulations within the County Zoning Ordinance as well as several
proposed amendments to the existing Flood Insurance Rate Maps.
2. Zoning Ordinance Amendment: Review of proposed ordinance amendments to
Article 2, Sections 2.2.14.3 through 2.2.14.9, clarifying the procedures and
requirements for amendments to the adopted Comprehensive Plan.
The procedures for amending the Comprehensive Plan are outlined in the
adopted Zoning Ordinance. The current language is not specific, leaving the
processes open for interpretation. The proposed amendments to Article 2 of the
Zoning Ordinance clearly define the specific procedures and notification
requirements for amendments to the adopted Comprehensive Plan, ensuring
transparency and public participation throughout the processes.
Purpose: To receive citizen comment on the proposed amendments to clarify the
procedures and requirements for amendments to the Comprehensive Plan.
3. Zoning Atlas Amendment—214 Phelps Road:
a. Rezone a portion of the property from Agricultural Residential (AR) to Existing
Commercial Five (EC-5), specifically the area of the property currently utilized
to support a commercial landscape operation, and
b. Rezone the existing EC-5 zoned portion of the subject property to AR.
The property in question is approximately four and a half (4 1/2) acres in area, is
located within the Cedar Grove Township, and is zoned Agricultural Residential
(AR) Little River Protected Watershed Overlay District. There is also a small
portion of the property zoned Existing Commercial Five (EC-5) intended to
9 ( )
legitimize an existing commercial landscaping operation on the property. The
current EC-5 zoning designation, as detailed on the Zoning Atlas, does not
correspond to the existing, or historic, location of the existing landscape operation.
The proposed Zoning Atlas Amendment is intended to correct the discrepancy and
properly show the location of the EC-5 zoning designation over the existing
landscape operation and rezone the portion of the property, not supporting the
existing landscaping operation, back to AR.
Purpose: To receive citizen comment on the proposed Zoning Atlas amendment to
clarify the actual portion of EC-5 zoned area on the subject property.
4. Zoning Ordinance Amendment: Conditional Use District/Conditional Zoning
North Carolina land use law currently allows the use of two (2) types of zoning
districts that permit a governing body to apply site-specific development
standards for a proposed project, specifically:
1. Conditional Use Districts (CUD), which is somewhat similar to the present
Planned Development (PD) regulations contained within Article Seven (7)
of the Zoning Ordinance, and
2. Conditional Zoning Districts (CZD).
This proposal seeks to implement a Conditional District zoning construct in
accordance with North Carolina General Statutes within Orange County's planning
jurisdiction. The proposal will involve the amendment of the existing Zoning
Ordinance including, but not limited to, the following:
1. Amendment of Article Four (4) Establishment of Permitted Use Table and
Schedule to create a new section entitled Conditional Districts,
2. To retract Article Seven (7) Planned Developments as it is currently written,
3. To adopt a new Article Seven (7) entitled Conditional Districts establishing the
regulations and standards governing the creation of Conditional Use and
Conditional Zoning Districts,
4. Creation of a Planned Development Conditional Zoning District within Article
Seven (7)
5. Amendment to Article Eight (8) clarifying the processing of planned
development applications.
6. Amendment to Section 6.29.3 clarifying the processing of planned
development applications within Economic Development Districts.
Purpose: To receive citizen comment on the proposed amendment to implement the
Conditional District construct within the Ordinance.
5. Zoning Ordinance Amendment: Establish regulations for drive-thru facilities
During the review of a recent development project, there was a discussion on the
need to regulate drive-thru facilities within the County.
Staff is proposing two (2) options on addressing concerns over the development
of drive-thru facilities within the County's planning jurisdiction:
1. Option One (1): Amend Article Six (6) Application of Dimensional
Requirements to create a new section establishing regulations governing
the development and/or use of accessory structures including a prohibition
on the development and/or use of drive-thru facilities
2. Option Two (2): Amend Article Six (6) Application of Dimensional
Requirements to create a new section establishing regulations governing
the development and/or use of accessory structures including regulatory
standards governing the development and/or use of drive-thru facilities
including, but not necessarily limited to:
a. Increased buffer standards,
b. Setback requirements,
c. Lighting and noise limitations generated by drive-thru boards
and/or speakers,
d. Vehicle stacking requirements and minimum drive-isle spacing,
e. The implementation of annual user and carbon offset fees or
payment-in-lieu equivalent to plant trees on site as mitigation or
per agreement, and
f. Limitations on the number of actual drive-thru facilities within a
non-residential development based on the acreage of the
project
Purpose: To receive citizen comment on the proposed amendment to either ban or
regulate the development and use of drive-thru facilities.
Accommodations for individuals with physical disabilities can be provided if the request
is made to the Director of Planning at least 48 hours prior to the Public Hearing by
calling the appropriate number listed below. The full text of the changes may be
obtained after February 13, 2009 from the Planning Department. Also, the text may be
obtained at the County website www.co.orange.nc.us at the Meeting Agendas link prior
to the meeting.
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Questions regarding the proposals may be directed to the Orange County Planning
Department located in the Planning and Agricultural Center, 306F Revere Road,
Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. You may also call 245-2575 or 245-2585 and you will be directed to a
staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
February 11, 2009 February 11, 2009
February 18, 2009 February 18, 2009
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