The URL can be used to link to this page

Home My WebLink AboutAgenda - 08-17-1999 - 9fORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17, 1999 Action Agenda Item No. 29-4-1 SUBJECT: PROPOSED AUGUST 23, 1999, PUBLIC HEARING ADVERTISEMENT DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: 1) Proposed Public Hearing Legal Advertisement Karen Lincoln - Extension 2583 2) Z -2 -99 Maps Craig Benedict - Extension 2592 3) Z -3 -99 Maps TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane (336)227 -2031 PURPOSE: To review and approve the legal advertisement for items proposed for the August 23, 1999, quarterly public hearing. BACKGROUND: The next regular quarterly public hearing is scheduled for August 23, 1999. A summary of each item proposed hor public hearing and the proposed legal advertisement hollow. ORANGE COUNTY ZONING ATLAS AMENDMENTS 1. Z -02 -99 Johnny Cates: Johnny C. Cates requests that a 2.8 acre (121,968 SF) portion of his 5.1 acre property at 3102 West Ten Road, Cheeks Township, be rezoned from AR Agricultural Residential to AS Agricultural Service. The property is approximately 2,200 feet east of Mt. Willing Road interchange with 1 -40/85 and is referenced in the Orange County Land Records Office by parcel identification number 9854 -14- 8385. 2. Z -03 -99 Ernie McBroom: Ernie McBroom requests that his 10.01 acre (436,036 SF) parcel in Cedar Grove Township be rezoned from AR Agricultural Residential to AS Agricultural Service. The property is located on the south side of Sawmill Road West (SR 1545) approximately 4,600 feet east of NC 86 and 3,000 feet west of Wilkerson Road, SR 1507) and is referenced in the Orange County Land Records Office by parcel identification number 9868 -43 -4251. The purpose of the Agricultural Service (AS) District is to provide sites in the rural portion of the County for rural non -farm, non - residential uses which support the horticultural, silvicultural, and agricultural uses of the AR districts. Permitted uses within the AS District that are not permitted in the AR District include: g:\klincoln\0899phad.doc\7-28-99\kI N • Permitted Uses: Garden Center (On Premises Sales); Agricultural Services Uses; Animal Hospitals; Veterinarians, Farm Equipment Sales, Feed, Seed, Storage & Processing; Sawmills; Stockyards. • Uses Requiring a Class A SUP: All uses that require a Class A SUP within an AS District are also permitted (with a Class A SUP) in the AR District. • Uses Requiring a Class B SUP: All uses that require a Class B SUP within an AS District are also permitted (with a Class B SUP) in the AR District. ORDINANCE TEXT AMENDMENTS 1. CHILD CARE FACILITY PROVISIONS: Planning staff and the NC Child Care Commission propose amendments to change language in the Orange County Zoning Ordinance Article 4, Section 4.3 (Permitted Use Table), Article 6, Section 6.27 (Large Day Care Homes), Article 8, Section 8.8.16 (Day Care Facility), and Article 22 (Definitions) to conform with language in North Carolina General Statutes regarding licensing provisions for child care facilities. Proposed amendments will: • Clarify language of county provisions for child care facilities to avoid confusion with language of state licensing requirements. 2. TIME CONSTRAINTS FOR DEVELOPMENT REVIEW AND OTHER PROCEDURAL CHANGES: Orange County proposes amendments to revise the time constraints specified in: 1. Orange County Zoning Ordinance: Article 2 (The Board of County Commissioners and its Administrative Mechanisms); Article 3 (Establishment of Zoning Districts and Atlas); Article 6.29.3 (Development Standards for Economic Development Districts); Article 8 (Special Uses); and Article 20 (Amendments); and 2. Orange County Subdivision Regulations: Section III (Application and Approval Procedures); Section IV -B -7 (Sites for Public Use); and Section VII -D-4 (Action Subsequent to the Date of Public Hearing). Proposed amendments will: • Provide adequate time for staff to receive complete development review from all applicable agencies prior to completing reports to boards; • Provide adequate time for board review of projects; and • Delete provision that allows approval of- applications that do not meet ordinance regulations if processing time cannot be met • Revise process for .appeal of staff decisions concerning subdivision classification (minor vs major) and approval of minor subdivisions. 3. FLEXIBLE DEVELOPMENT PROVISIONS: Orange County Planning Board and planning staff propose amendments to the Orange County Subdivision Regulations Section IV -13-10 D.1 (Flexible Development, Estate Lot Option to: • Reduce minimum lot size from 4.0 acres to 3.0 acres with average lot size of 3.5 acres; • Provide a 150 fL buffer along state maintained roads adjacent to subdivision boundaries; and • Restrict lot access to internal subdivision roads. These amendments are proposed in relation to comments made at the May 24, 1999, Public Hearing at which proposed amendments to flexible development provisions were presented, and are intended as incentives to use the estate lot option. These amendments have not been presented at a public hearing. g:\klincoln\0899phad.dock7-28-ggXkI 3 Planning staff proposes an amendment to Orange County Subdivision Regulations Section IV -13-10 D.2 (Flexible Development, Cluster Option) to: • Clarify that any transfer of density within a cluster development will not increase density allowed by the zoning ordinance within protected watersheds and their critical areas. FINANCIAL IMPACT: Not applicable. RECOMMENDATION(S): Administration Recommendation: Approval of the attached legal notice for the August 23, 1999. Quarterly Public Hearing. Note: All amendments to the zoning ordinance, including amendments to the Zoning Atlas (rezonings) are legislative zoning decisions. The rules that apply to the public hearing are those for legislative hearings.. g:\klincoln\0899phad.dock7-28-99\kI 4 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday, August 23, 1999, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY ZONING ATLAS AMENDMENTS 1. Z -02 -99 Johnny Cates Johnny C. Cates requests that a 2.8 acre (121,968 SF) portion of his 5.1 acre property at 3102 West Ten Road, Cheeks Township, be rezoned from AR Agricultural Residential to AS Agricultural Service. The purpose of the Agricultural Service (AS) District is to provide sites in the rural portion of the County for rural non -farm, non - residential uses which support the horticultural, silvicultural, and agricultural uses of the AR districts.. Permitted uses within the AS District that are not permitted in the AR District are as follows: Garden Center (On Premises Sales); Agricultural Services Uses; Animal Hospitals; Veterinarians, Farm Equipment Sales, Feed, Seed, Storage & Processing; Sawmills; Stockyards. The property is approximately 2,200 feet east of Mt. Willing Road interchange with 1 -40/85 and is referenced in the Orange County Land Records Office by parcel identification number 9854 -14 -8385. 2. Z -03 -99 Ernie McBroom Ernie McBroom requests that his 10.01 acre (436,036 SF) parcel in Cedar Grove Township be rezoned from AR Agricultural Residential to AS Agricultural Service. The purpose of the Agricultural Service (AS) District is to provide sites in the rural portion of the County for rural non -farm, non - residential uses which support the horticultural, silvicultural, and agricultural uses of the AR districts. Permitted uses within the AS District that are not permitted in the AR District are as follows! Garden Center (On Premises Sales); Agricultural Services Uses; Animal Hospitals; Veterinarians, Farm Equipment Sales, Feed, Seed, Storage & Processing; Sawmills; Stockyards. The property is located on the south side of Sawmill Road West (SR 1545) approximately 4,600 feet east of NC 86 and 3,000 feet west of Wilkerson Road, SR 1507) and is referenced in the Orange County Land Records Office by parcel identification number 9868 -43 -4251. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS 1. Orange County Planning Staff and NC Child Care Commission propose amendments to Article 4, Section 4.3 (Permitted Use Table), Article 6, Section 6.27 (Large Day Care Homes), Article 8, Section 8.8.16 (Day Care Facility), and Article 22 (Definitions) that change language in ordinance provisions for child care facilities to conform with language in North Carolina General Statutes regarding licensing provisions for child care facilities. g:\klincoln\0899phad.doc\8-4-99\kI 5 2. Orange County proposes amendments to the Orange County Zoning Ordinance to revise the time constraints in Article 2 (The Board of County Commissioners and its Administrative Mechanisms), Article 3 (Establishment of Zoning Districts and Atlas), Article 6.29.3 (Development Standards for Economic Development Districts), Article 8 (Special Uses), and Article 20 (Amendments). Proposed amendments will: • Provide adequate time for staff to receive complete development review from all applicable agencies prior to completing reports to boards; • Provide adequate time for board review of projects; and • Delete provision that allows approval of applications that do not meet ordinance regulations if processing time cannot be met. ORANGE COUNTY SUBDIVISION ORDINANCE TEXT AMENDMENTS 1. Orange County proposes amendments to the Orange County Subdivision Regulations to revise the time constraints in Section III (Application and Approval Procedures), Section IV -B -7 (Sites for Public Use), and Section VII -D-4 (Action Subsequent to the Date of Public Hearing). Proposed amendments will: • Provide adequate time for staff to receive complete development review from all applicable agencies prior to completing reports to boards; • Provide adequate time for board review of projects; and • Delete provision that allows approval of applications that do not meet ordinance regulations if processing time cannot be met. • Revise process for appeal of staff decisions concerning subdivision classification (minor vs major) and approval of minor subdivisions. 2. Orange County Planning Board and planning staff propose amendments to the Orange County Subdivision Regulations Section IV -B -10 Flexible Development: a. to amend D -1 Estate Lot Option to 1. reduce minimum lot size from 4.0 acres to 3.0 acres with average lot size of 3.5 acres; 2. provide a 150 ft. buffer along state maintained roads adjacent to subdivision boundaries; 3. restrict lot access to internal subdivision roads; and b. to amend D.3 Cluster Option to clarify that any transfer of density within a cluster development will not result in a greater density within any specific zoning district than the average density allowed by zoning restrictions within that specific district including overlay districts (eg. flexible development proposals spanning the critical area (CA) and the balance (PW) of a protected watershed cannot shift density from a higher density zoning (PW) to a lower density zoning (CA)). All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. 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. g:\kiincoln\0899phad.doc\8-4-99\kI Al Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham), 967 -9251 (Chapel Hill - Carrboro) or 227 -2031 (Mebane /Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chapel Hill Herald August 11 1999 August 12, 1999 August 18, 1999 August 19, 1999 g:\klincoln\0899phad.doc\8-4-99\kI hegN�F . Rao ANDREW BENJAMIN LLOYD, JR., ETAL. & MABLE L. GORDON AR (CANE -CA) (MTC) 4 1 NONE asreraas JOHNNY C. CATES Z -2 -99 ZONING ATLAS AMENDMENT REZONING REQUEST FROM: AR Agricultural - Residential TO: AS Agricultural Service WgT_n`N AO MAYES HILL, LTD. DEWEY S. MAYES AR (CANE -CA) (MTC} IT` PROPERTY MAP ^� Selected Parcels . This map contains parcels prepared for-the inventory of real property within Orange County, and is compiled from recorded deeds, plats, and other public Background Info records and data. Users of this map are hereby notified that the aforementioned public primary Information sources should be consulted for verification of the OWNER: CATE3 JOHNNY C Information contained on this map. The County and Its mapping companies assume no legal responsibility for the information contained on this map. M • Z -3 -99 ERNIE MCBROOM REZONING REQUEST --- GENERAL AREA I " = 4,000' 11 N 10 Z -3 -99 ERNIE MCBROOM REZONING REQUEST --- VICINITY. I " = 400' n N