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Home My WebLink AboutAgenda - 05-04-1999 - 7cORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 1999 Action Agenda Item# 7 -~,~ SUBJECT: PROPOSED PUBLIC HEARING ADVERTISEMENT- MAY 24, 1999 DEPARTMENT: PLANNING ~ INSPECTIONS PUBLIC HEARING: Yes X _No BUDGET AMENDMENT REQUIRED: Yes X` No ATTACHMENT(S): INFORMATION CONTACT: Proposed Public Hearing Legal Advertisement Karen Lincoln -Extension 2583 Z-2-99 Maps Craig Benedict -Extension 2592 Z-3-99 Maps TELEPHONE NUMBERS Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To approve the legal advertisement for items proposed for the May 24,1999, quarterly public hearing. BACKGROUND: The next regular quarterlyy pubric hearing is sdieduled for May 24, 1999. A summary of each item proposed for public hearing is pro~rided below. The Proposed legal advertisement and background information on the public hearing i6err~,s are attad~ed. The advertisement is sdieduled for consideration by the Board of Commissioners on May 4,1999. 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 I-40/85 and is referenced in the Orange County Land Records OfFice by parcel identification number 9854-14-8385. 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 2 AR districts. Permitted uses within the AS District that are not permitted in the AR District include: • Penmitted 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 A SUP within an AS District are also permitted (with a Class A SUP) in the AR District. 2. Z-03-99 Ernie McBroom Emie 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: • 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 A SUP within an AS District are also permitted (with a Class A SUP) in the AR District. ORDINANCE TEXT AMENDMENTS The Ordinance Review Committee has been meeting since December, 1998, to consider amendments to the subdivision regulations concerning the 3 conservation option of flexible development standards whereby land is subdivided into lots with 33 % open space preserved through the use of conservation easements applied to portions of individual lots. That approach has not produced the desired results of the flexible development provisions. Although the conservation option has been the most commonly used approach in subdivisions developed using flexible development standards, the conservation approach has not produced creative subdivision design to preserve rural community character nor provided any sizable areas of contiguous open space. At the March 16, 1999, meeting of the Board of County Commissioners, the Board requested that the Planning Board prepare a recommendation for ordinance amendments dealing with the conservation option of flexible development to be presented at the May 24, 1999, Quarterly Public Hearing. 1. ORANGE COUNTYZON/NG ORDINANCE AMENDMENTS The Orange County Planning Board proposes an amendment to Article 22, Definitions, to better define Flexible Development by: • amending the (a) estate approach for preservation of open space by adding the provision that required front and side yard setbacks shall not be counted toward open space requirements unless those areas contain significant primary or secondary conservation areas. • deleting (b) a "conservation" approach for preservation of open space; • changing (c) a "cluster approach" to (b) a "conservation-cluster" approach which will include certain conservation approaches for preservation of open space; This amendment will define flexible development consistent with with proposed amendments to the Orange County Subdivision Regulations. 2. ORANGE COUNTY SUBDIVISION ORDINANCE AMENDMENTS The Orange County Planning Board proposes amendments to Section IV-B-10 FLEXIBLE DEVELOPMENT that: will: • allow ownership of open space in a flexible development to be held by individual property owners only within developments using the estate option. (Please refer to attached amendments for Section C OPEN SPACE STANDARDS, C.3 Ownership of Open Space and proposed deletion of Section D DEVELOPMENT STANDARDS, D.2 Conservation Option.) 4 • not allow required front and side yard setbacks to be counted as open space unless those areas contain significant primary or secondary conservation areas. (Please refer to the attached proposed amendment to Section D. DEVELOPMENT STANDARDS, D.1 Estate Lot Option.) • will rename the Cluster Option to the Conservation-Cluster Option to emphasize the intent of the flexible development provisions for clustering. (Please refer to proposed amendments to Section D.3 -Cluster Option. All provisions of the current Section D.2 - Conservation Option - are included in Section D.3 so this combination is appropriate to maintain the °conservation" intent of the provisions.) In addition to amendments proposed by the Planning Board, Planning staff has included proposed amendments that: • clarify provisions for open space and buildable lot area of Article 22 (Definitions) of the Zoning Ordinance and Section IV-B-10 (Flexible Development) of the Subdivision regulations; • increase the building envelope spacing standards for estate lots; • reduce the amount of conservation area that may be used for septic systems; • provide for minimum spacing of 100 feet between building envelopes and the subdivision boundary and/or off-site public street right-of--way for conservation-cluster developments. Amendments proposed by Planning staff are so noted on the attached document of proposed amendments to Article 22 of the Orange County Zoning Ordinance and to Section IV-B-10 of the Orange County Subdivision Regulations. RECOMMENDATION: The Administration recornmends approval of the attadied advertisement fior the May 24,1999, quarterly public hearing. -. 5 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS 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, May 24, 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 property is approximately 2,200 feet east of Mt. Willing Road interchange with I-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. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS 1. The Orange County Planning Board proposes an amendment to Article 22, Definitions, to modify the definition of Flexible Development to maintain consistency with proposed amendments to Section IV B-10 of the Orange County Subdivision Regulations. The amendment proposes to delete (b) a "conservation" approach for preservation of open space from the definition of Flexible Development and to rename (c) a "cluster approach" to a "conservation-cluster" approach which will include certain conservation approaches for open space. ORANGE COUNTY SUBDNISION ORDINANCE TEXT AMENDMENTS 1. The Orange County Planning Board, in addition to planning staff, proposes amendments to Section IV-B-10 FLEXIBLE DEVELOPMENT to allow open space within a flexible development to be held by individual property owners only within developments using the estate option whereby lot size must be a minimum of 4 acres. The proposed amendments will amend Section C.3 Ownership of Open Space and will combine development standards under Section D.2 Conservation Option and Section D.3 Cluster Option into one section as the Conservation-Cluster Option. Proposed amendments to several sections of Section IV-B-10 will clarify provisions of open space and buildable lot area. Proposed amendments to Section 6 D Development Standards will increase building envelope spacing standards for estate lots, reduce the amount of conservation area that may be used for septic systems, and provide for minimum spacing of 100 feet between building envelopes and the subdivision boundary and/or off-site public street right-of-way for cluster developments. 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, 306E 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 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 May 12, 1999 May 13, 1999 May 19, 1999 May 20, 1999 -. ]OHNNY C. CATES -. Z-2-99 REZONING PROPOSAL From AR To AS --- Vicinity ~" 0 4000' ~ N i I r JOHNNY C. GATES $ . Z-2-99 ZONING ATLAS AMENDMENT REZONING REQItEST ' ~-~5 ""~0 E ~ ~ FROM: AR Agricultural-Residential _ ~ TO: AS Agricultural Service ... _~oAa..._. 1_~ _.. ... ... .. NCDOT wESr~N RO ANDREW BENJAMIN LLOYD, JR., ETAL, s.4s..taA ~ ~ - . & MABLE L. GORDON A3.1 NCDOT ~, 3.48«18 3.45»12A A43. /' A5.4 AR (CANE-CA) ~ MTC) x.45»12 A82;ar ~ ~ ~e /~7~ ria~ ,, ~°aa ~~ ~ C ly '~~1~ ATfS • ~ JAMES RICHARD ~ O,yd ~' & FAY S , JOHNSON ; MAYES HILL, LTD . `~ DEWEY S, MAYES ,.' j 3.45..11E •~ A8.7 ~ ~" . •~~ / AR (CANE-CA) (MTC ) ~°b' loo' X30• I COUNTY OF ORANGE a.a5»t2 AB2. 3.4$»11A A53. ' ~ < "~ ~ ~ 2~ 5`MTC ' • a~ ,. ~ 1 ~ ~'~ ~ PROPERTY MAP ~y Selected Parcels This map contains parcels proparod for the Inventory of roal property within ~~ Orange County, and is compiled from roconied deeds, plats, and other public Background Info roconis and data. Users of this map aro heroby notified that the aforomentioned public primary information sources should be consulted for verification of the OWNER: GATES JOHNNY C Information contained on this map The County and Its mapping companies assume no legal roaponeibility for the information contained on this map N Map Scale :1" s 200' DATE: 11 Mar 99 08:50:14 Thursday Z-3-99 ERNIE MCBROOM _, w REZON 1NG REQI! EST --- GENERAL AREA 1 " = 4,000' 11 N T a i~... • 4. v.~ ~~• 4 r .....~ ~ ~~~~1I;:~:~~: _M:: c:~r ~, Z-3-99 ERNIE MCBROOM _, REZONING REQUEST --- VICINITY l ~ =400' 11 N 10