HomeMy WebLinkAboutORD-2008-110 - Zoning Ord Text Amendment Hillsborough Area Eco Dev District EDD Buffer Regulations6W - "10 �_ 11a
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 24, 2008
Action Agenda
Item No. C.6
SUBJECT: Zoning Ordinance Text Amendment: Hillsborough Area Economic
Development District (EDD) Buffer Regulations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
Name, Phone Number
1. Map of Hillsborough EDD Area Craig Benedict, Director 245 -2592
2. Map of properties with residential Michael D. Harvey, Planner 245 -2607
structures
3. Proposed Ordinance Amendment
PURPOSE: To hold a public hearing on a staff initiated Zoning text amendment to modify
existing landscape buffer regulations contained within Section 6.29.3a of the Orange County
Zoning Ordinance.
BACKGROUND: On February 20, 2001 a public hearing was held to review a Planning
Department initiated Zoning Atlas and Ordinance text amendment(s) relating to the EDD. The
action was an effort to implement various recommendations made by the Orange
County /Hillsborough Economic Development District Task Force. As part of this process
several existing single - family residential structures, south of the State Employee's Credit Union
and north of Cornwallis Hills single - family residential subdivision, were zoned ED -LO -1 (See
Attachment One (1) and Two (2)).
Over the years, the Planning Department has received numerous requests to locate
professional offices within these existing residential structures. Unfortunately, the ED -LO -1
zoning designation and existing landscaping regulations /standards made the adaptive reuse of
the existing single - family residential structures impractical.
Planning Staff believes there is an opportunity to modify existing landscaping standards in order
to allow for the adaptive reuse of existing single - family residential structures in an effort to
preserve and enhance the character of the area while allowing for non - residential development
within the Old NC 86 highway corridor, which was the intent of the land use plan.
PROPOSAL: Planning staff is proposing to modify existing buffer regulations to require a less
restrictive buffer for non - residential developments, limited to professional office uses, proposing
to convert existing single - family residential structures into office space. These amendments are
based on similar efforts initiated by the County to encourage the adaptive reuse of residential
structures along Highway 70 with the adoption of the Efland Cheeks Overlay District (ECOD) in
December of 2007.
It should be noted that in such cases, applicants are required to upgrade and retrofit these
structures to bring them into compliance with applicable building code regulations to allow for
the operation of a non - residential land use.
ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the Orange County Zoning
Ordinance, the Zoning Officer is required to: 'cause an analysis to be made of the application
and, based upon that analysis, prepare a recommendation for consideration by the Planning
Board and the Board of County Commissioners'.
As this is a staff initiated text amendment, staff requests that the Board accept the Zoning
Officer's recommendation as outlined herein as it relates to the processing of this request.
It should be noted that this proposed amendment is only a small part of recent efforts to revise
existing landscaping regulations. Staff intends to present a comprehensive amendment
package at the February 2009 Quarterly Public Hearing that will revamp existing landscaping
regulations to incorporate sustainability concepts and begin the process of implementing various
goals and policies of the adopted Comprehensive Plan.
This amendment is solely intended to address an immediate need, as defined by staff, in
promoting the preservation and reuse of several residential structures within the EDD.
FINANCIAL IMPACT: This request has been reviewed by various County departments' who
have determined that the approval of the request will not create the need for additional funding
for the provision of County services.
RECOMMENDATION: The Zoning Officer recommends the Board:
1. Receive the rezoning petition,
2. Conduct the PUBLIC HEARING and accept comments from all interested parties,
3. Refer the matter to the Planning Board for a recommendation to be returned to the
County Board of Commissioners no sooner that January 8, 2009
4. Adjourn the PUBLIC HEARING until February 2, 2009 in order to receive and accept the
Planning Board's recommendation.
POISON
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PROPOSED ORDINANCE AMENDMENT:
Section 6.29.3(a) — Hillsborough Area Economic Development District Design Manual:
Section 3.2 Buffering of Neighboring Uses:
Section:
Existing Regulations — Proposed Changes:
3.2 Buffering of
1. A buffer of 100 feet in width (except 'as otherwise provided) is required at the
Neighboring Uses:
boundary of the EDD and 100' along the roadway corridor Old 86 and New 86
except 50' Linear Office
Staff proposes to modify this section to read as follows:
A buffer, one hundred (100) feet in width, shall be required along the Hillsborough
EDD boundary and along the Old and New NC Highway 86 highway corridor. For
properties located within the ED-LNR zoning district, a fifty (50) foot wide buffer shall
be required along the highway corridor.
Staff recommends the revision in an effort to make the section flow better and make
specific reference to the appropriate EDD zoning sub - district.
It should be noted that staff does not believe that the roadway corridor, of EDD
boundary, buffer ought to be amended.
While we would like to promote the adaptive reuse of single- family residential
structures we still believe it is essential to require a large buffer along the various
roadways to promote and preserve the aesthetic quality of the corridor.
2. A buffer of 100 -feet is required adjacent to the right -of -way of interstate highways.
Staff proposes to modify this section to read as follows:
A buffer, one hundred (100) in width, shall be required for all properties that have
frontage, or are otherwise adjacent to, the right -of -way of an interstate highway(s).
Staff recommends the revision to make the section flow better.
3. Screening between adjacent land uses shall be provided in accordance with the
attached Schedule of Land Use Buffers.
Staff proposes to modify this section by adding the following language:
... Schedule of Land Use Buffers. In cases where an applicant proposes to utilize an
10
existing residential structure to house a professional office or similar professional
service (i.e. doctor, beautician, dentist, etc), the screening standard(s) shall be as
follows:
a. Existing single-family residential structures shall only be permitted to be
utilized in supporting professional office or similar service development.
b. Buffers along road rights -of -way or along identified highway corridors shall
be in accordance with previously established standards as detailed herein.
c. There shall be a minimum twenty (20) foot vegetative buffer along all common
side and/or rear property lines separating non - residential and residential land
uses.
d. There shall be a minimum ten (10) foot landscaped strip along all aide and /or
rear property lines separating non - residential uses from other similar non-
residential uses
e. The required plantings shall be in accordance with those required within this
Section of the Ordinance.
f. The landscaped strip shall be comprised of vegetation that forms a semi -
opaque intermittent visual obstruction, with a minimum initial planning height
from the ground of at least thirty -six (36) inches that will achieve a height of at
least fifteen (15)feet at maturity.
g. In cases where a joint use agreements) exists between adjacent property
owners allowing for shared ingress /egress and/or parking, the Zoning Officer
shall be authorized to grant a waiver regarding the exact location(s) of the
required buffers to avoid conflict.
Staff recommends the revision for the following reasons:
1. By modifying the landscaping requirement, it is expected the County will
actually be encouraging the preservation, and continued use of, existing
residential- structures in an effort to preserve the visual appeal of the
identified roadway corridors.
2. As professional offices have different operational characteristics from other
non - residential land uses (i.e. restaurants, retail, etc) the need for a large
buffer is reduced as the impacts will not be the same.
7. In the LO district, the buffer may be limited to 50'
Staff is recommending that this provision be deleted as it is in conflict with the other
requirements of this Section of the Ordinance.
11
AMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those sections or 'subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance
by adding (indicated by double underlined language) and deleting (indicated by stricken
through language) as follows:
Proposed Amendment: Part I
That Article Nine Six (6) Application of Dimensional Requirements, 6.29.3(a) Hillsborough
Area Economic Development District Design Manual, be amended to read as follows:
3.2 BUFFERING NEIGHBORING USES:
1.
Area Within the D;StFiGtS
rn c'crs "vvTCrnrrcr'ro -':' r::..
A buffer, one hundred 100 feet in width shall be required along the Hillsborougli
EDD boundary and along the Old and New NC Highwqy Highway 86 highwgy highway corridor. For
properties located within the ED -LNR zoning district a fifty 50 foot wide buffer
shall be required along the highway corridor.
2.
highways
A buffer, one hundred 100 in width shall be required for all properties that have
frontage or are otherwise adjacent to the right-of-way of an interstate highway(s).
3.
Screening between adjacent land uses shall be provided in accordance with
the attached Schedule of Land Use Buffers. In cases where an a licant 12ropo se
to utilize an existing residential structure to house a professional office or similar
professional service i.e. doctor, beautician dentist etc the screening standards sha
be as follows:
a. Existing single-family residential structures shall only be permitted t
12
be utilized in Wporting professional office or similar service
development.
b. Buffers along road riglts-of-wgy or along identified highwgy highway corridor
shall be in accordance with previously established standards as detailed
herein.
C. There shall be a minimum twen ty (20 foot vegetative buffer along
common side and/or rear pMerty lines separating non - residential an
residential land uses.
d. There shall be a minimum ten 10 foot landsca ed sidp along all aid
and/or rear propgIly lines separating non - residential uses from other
similar non - residential uses
e. The required plantings shall be in accordance with those require
within this Section of the Ordinance.
f. The landscaped strip shall be comprised of vegetation that forms
semi -o a ue intermittent visual obstruction with a minimum initial
planning height from the ground of at least thirty-six 36 inches that
will achieve a height of at least fifteen (15) feet at maturity.
g. In cases where a joint use agreement(s) exists between adjacent
propgIly owners allowing for shared ingress/egress and/or parking, th
Zoning Officer shall be authorized to grant a waiver regarding the exact
location (s) of the required buffers to avoid conflict.
4.
Buffers may consist of existing wooded areas. If existing vegetation is not
sufficient for screening, a planted buffer shall be augmented and interspersed,
consisting of 50 -75% evergreen trees reaching a minimum mature height of 30-
feet.
5.
Trees with a caliper of 6" - 12" should be considered for preservation.
6.
Access drives, utilities, and pedestrian paths are permitted within the required
buffers.
In the LO diStFiGt the bUffor Fray he limited t W
8-.7
Landscape buffer widths may be reduced if the buffer material is adequate ty�
provide additional screening
13
9-8
Decorative walls may be used to augment required landscaping for buffe
reduction.
4-0-.9
Access drives, utilities, and pedestrian paths are permitted within require
buffers
44-.10
Access and utility crossings are to be made perpendicular to the length of th+
buffer.
4-2-.11
No land disturbances for buildings, parking, or storage drainage, etc. ar+
permitted within a required buffer.
4-312.
Limited breaks in required interstate buffers may be allowed if they are well
designed and provide a scenic vista or landscaped area. No more than one
break per lot shall be permitted, and the break shall constitute no more than
25% of the interstate frontage.
Upon motion of Commissioner
Commissioner
Ordinance amendments were adopted this the
2009 and shall become effective upon adoption.
the
day of
seconded by
foregoing Zoning
Donna Baker, Clerk, Orange County Commissioners.
c 7— G
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to receive P y
the rezoning petition; refer the matter to the Planning Board for a recommendation to be returned to
the Board of Commissioners no later than January 8, 2009; and adjourn the public hearing until
February 3, 2009 in order to receive and accept the Planning Board's recommendation.
VOTE: UNANIMOUS
6. ZONING ORDINANCE AMENDMENTS: Review of Zoning Ordinance Amendments,
specifically to the Economic Development Design Manual, to revise existing buffer
regulations.
Michael Harvey made this presentation.
Review of a petition to AMEND the Orange County Zoning Ordinance
with respect to landscape standards within the Hillsborough EDD
Issue:
-Existing EDD landscape regulations do not allow for, or promote, the adaptive reuse of
residential structures,
-There is no flexibility in current landscape regulations allowing for a smaller buffer when a
single - family residence is being used for a non - residential purpose
-The required buffer reduces the available land area for the lot,
-There is no incentive to preserve or use the existing structures.
Proposal:
With this amendment, staff is proposing the following:
*Include a new landscape standard within the EDD Manual for professional offices proposing to
utilize existing single - family residential structures,
*Reduce the required landscaped area to twenty (20) feet,
•Establish a minimum planting height for such landscaped areas,
*Encouraged shared drive -way access and cross easements for shared parking
*The amendment would create more useable space,
-The reduced buffer would allow for the existing structure to be used for non - residential
purposes,
•The amendment would make it easier to preserve the aesthetic quality of roadway corridors
within the Hillsborough EDD
Staff Observations:
*This proposal is similar to recent amendments to the Zoning Ordinance establishing the Efland
Cheeks Overlay Zoning District (ECOD),
*Staff believes we have an opportunity to preserve existing residential structures while allowing
for them to be used for non - residential purposes in designated economic development districts.
Staff Recommendations:
•Receive the rezoning petition,
•Conduct the PUBLIC HEARING and accept comments from all interested parties,
•Refer the matter to the Planning Board for a recommendation to be returned to the County
Board of Commissioners no sooner than January 8, 2009
•Adjourn the PUBLIC HEARING until February 3, 2009 in order to receive and accept the
Planning Board's recommendation.
Chair Jacobs and Planning Board members asked clarifying questions, which were
answered by Michael Harvey.
PUBLIC COMMENT:
Margo Pinkerton asked if there would be a minimum height for the buffer and suggested
having a maximum height for the buffer.
Michael Harvey said that there are maximum heights in the ordinance but not minimum
heights.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
receive the re- zoning petition; refer the matter to the Planning Board for a recommendation to
be returned to the Board of Commissioners no sooner than January 8, 2009; and adjourn the
public hearing until February 3, 2009 in order to receive and accept the Planning Board's
recommendation.
Chair Jacobs encouraged the Planning Board and staff to consider this item before the
other related item and see what was not adequately addressed as opposed to doing it in the
order that it was presented.
VOTE: UNANIMOUS
D. ADJOURNMENT OF PUBLIC HEARING
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
adjourn the meeting at 9:59 pm.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna Baker, CMC
Clerk to the Board