HomeMy WebLinkAboutORD-2007-203 - Zoning Ord Amend Efland-Cheeks Hwy 70 Corridor Zoning Overlay & Amend to Sect 6.23.3Z' Z5
An Ordinance Amending the Zoning Ordinance of Orange County
December 3, 2007
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,
that the Zoning Ordinance is hereby amended as follows:
2. Non - Residential Development
Amended 1/4/94; 10/19/99; 8/21/01
DISTRICT
IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
(NON- RESIDENTIAL)
UNIV -CA
Same as Residential (See previous Table)
UNIV -PW
CANE -CA
5 -acre minimum lot size, with potential of up to five lots as small as two acres
for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
U- ENO -CA
2 -acre minimum lot size
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
CANE -PW
5 -acre minimum lot size with potential of up to five lots as small as two
acres for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres in
CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
LITTLE -PW
2 -acre minimum lot size
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres in
CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
re uirements.
• BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed.
U- ENO -PW
70%
BACK -PW
ISR in Commercial and/or Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high- density option) with structural
BMPs if ISR > 12 %;
AND
50% ISR for all fire stations and solid waste collection centers outside of
Commercial and/or Industrial Nodes as designated in the Land Use Element
of the Comprehensive Plan, with structural BMPs if ISR > 12 %;
AND
40% ISR for all non - residential uses in 10 -year Transition areas as
designated in the Land Use Element of the Comprehensive Plan, with
structural BMPs if ISR > 12 %;
AND
12% ISR for all other non - residential uses outside of Commercial and/or
Industrial Nodes as designated in the Land Use Element of the
Comprehensive Plan (* BMPs cannot be used to satisfy watershed
impervious surface requirements);
AND
on -site infiltration of the first inch of stormwater runoff;
AND
A limit of 1,151 acres of non - residential use throughout U- ENO -PW (5.0 %)
and 163 acres throughout BACK -PW (1 %).
HYCO -PW
50% ISR for all fire stations and solid waste collection centers;
FLAT -PW
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1% of the watershed for non - residential use (37 acres in HYCO-
PW, 66 acres in FLAT -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
L- ENO -PW ,
70% impervious surface, with structural BMPs required when impervious
surface exceeds:
24% (w/ curb and gutter); or
36% (w /o curb and gutter).
HAW -PW
24% impervious surface limit.
JORDAN -PW
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
4.2.33
a)
Efland- Cheeks Highway 70 Corridor Overlay District (ECOD):
Intent
The Highway 70 Corridor Overlay District is established to provide for
compatibility of uses between existing single - family residential land uses and
non - residential developments along a designated portion of Highway 70 within
Cheeks Township. The Highway 70 corridor covered under this overlay district is
part of the adopted Efland Mebane Small Area Plan which outlines acceptable
levels of development within the study area, including allowing for additional
non - residential development along Highway 70.
These regulations are designed to preserve and enhance the character of the
community while allowing for mixed, but compatible, land uses by permitting
logical expansion of existing non - residential developments throughout the
corridor.
It is the intent of this district to encourage land use patterns that will:
1. Protect existing single - family residential land uses,
2. Protect the character of the area,
3. Enhance property values,
4. Maintain the economic viability and carrying capacity of the corridor,
5. Preserve open vistas whenever possible,
6. Encourage small businesses to locate in appropriate areas, and
7. Continue to promote and provide for the general welfare of local citizens and
property owners.
Standards are hereby established to allow for the development of additional non-
residential land uses within the Highway 70 corridor in order to maintain and
enhance the economic vitality of the area while protecting the less intensive
mixture of existing residential land uses.
b) Applicability
This district is intended for properties adjacent to Highway 70 within Cheeks
Township of Orange County in accordance with the boundaries shown on the map
below and on the Orange County Zoning Atlas.
Efland - Cheeks Highway 70 Corridor Overlay District Boundaries
Legend �,; ;......_..,.
EflendCheeks Highway 70 Corridor Overlay District
Q Pre -designated commercial aread..�..,....,..
c) Application Criteria
The requirements of this Section apply to all non - residential land uses and
developments within the Highway 70 Overlay District except for existing non-
residential land uses located within previously established general commercial or
Existing Commercial Five (EC -5) zoning districts.
d) Location of Non - residential Development
Non - residential development within the Highway 70 Corridor shall be limited to
the following:
1. Pre - designated commercial area as indicated on the Orange County
Zoning Atlas, and
2. Along Highway 70
In accordance with the standards contained within this Ordinance.
6.25 Extra Requirements for the Efland- Cheeks Highway 70 Corridor
Overlay District (ECOD)
6.25.1 Permitted Uses
Within the ECOD, uses of land and structures shall be permitted as
follows:
1. Non - residential development within the pre - designated commercial
area shall adhere to the permitted and special uses outlined for the
Neighborhood Commercial Two (NC -2) zoning district as contained
within Section 4.3 Table of Permitted Uses of this Ordinance.
2. Non - residential uses within the Highway 70 Corridor Overlay District,
shall be limited to professional office and similar institutional uses
(numbers S28 and S29 on the Permitted Use Table found in Section
4.3) and abide by the standards contained herein.
3. No more than forty percent (40 %) of the Highway 70 corridor outside
of the pre - designated commercial areas shall be permitted for non-
residential uses. This figure shall be calculated by the sum of the
street frontage of lots used for non - residential purposes compared to
the total street frontage of all lots on both sides of the roadway outside
of the pre - designated commercial areas along the overlay district
corridor. The 40% limitation includes non - residential uses conducted
within new or converted/rehabilitated structures that have a residential
appearance.
6.25.2 Approval Requirements
Within the ECOD, no construction activity shall begin nor shall any
conversion of existing single - family residence to a non - residential land
use, excavation, soil removal, grading or disturbance of vegetation
including trees, land disturbing activity associated with a non - residential
land use, be commenced, nor any sign erected until such time as a site plan
has been approved and a permit issued by the Zoning Officer in
accordance with Section 21.4 and in Article 14 of this Ordinance.
6.25.3 Site Plan Requirements
In addition to the requirements outlined within Article Fourteen (14) Site
Plan Approval Procedures, the following additional information shall be
required for non - residential land uses developing within the ECOD:
(a) A development summary including total acres, proposed use(s), total
building square footage, required and proposed parking spaces.
(b) The dimensions and acreage of each lot or portion thereof to be built
upon or otherwise used.
(c) The layout of the entire project including the proposed uses of all
building and their relation to surrounding properties.
(d) The location and dimensions of present and proposed streets and
highways.
(e) The location of points of entry and exit for motor vehicles. and internal
vehicular circulation pattern.
(f) All existing and proposed topography at contour intervals of five (5)
feet.
(g) Grading, drainage, sedimentation and erosion control activities.
(h) The location of existing and proposed plantings and screenings.
(i) The location of walls, fences, railings and beams and an indication of
their height and construction materials.
(j) The location and size of all existing and proposed utilities including
water, sewer, gas, and electric lines and structures.
(k) Identification and location of all site improvements including
buildings, streets, water and sewer lines, storm drainage facilities and
any other significant site features.
6.25.4 Non - residential Development Standards:
The following development standards shall apply to all applicable non-
residential development within the pre - designated commercial areas and
along the Highway 70 corridor.
1. Minimum Lot Width. The minimum lot width for all lots created
after the effective date of the Highway 70 Overlay District shall be
one hundred and thirty (130) feet, unless the lot is served by public
sewer and shared ingress /egress in which case the minimum lot
width shall be seventy -five (75) feet.
2. Setbacks and Building Height. The setbacks and building heights
for all structures, regardless of the proposed land use, shall conform
to the setbacks of the underlying zoning district. If Building Height
Limitation modifications are pursued in accordance with Section
6.2.1, in no case shall building height exceed thirty-five (35) feet.
Where applicable, the front yard setback shall be measured from any
future right -of -way as designated in the Orange County
Thoroughfare Plan.
3. Floor Area Ratio. The maximum floor area ratio. for non-
residential uses in the pre - designated commercial area shall be 0.200
with a maximum building square footage total of 20,000 square feet.
The maximum floor area ratio for non - residential uses along the
Highway 70 Corridor shall be 0.100 with a maximum building
square footage total of 6,000 square feet.
4. Yard encroachments: No fences shall be permitted in the front
yard of non - residential uses unless a demonstrated need can be
shown. Within the pre- designated commercial area, vinyl- coated
chain link fencing shall be permitted for non - residential uses.
Outside of the pre - designated commercial area but within the
boundaries of the Highway 70 Overlay District, chain link or similar
fencing shall not be permitted for non - residential uses.
5. Ingress and Egress. The following standards shall regulate ingress
and egress points within the corridor:
a. For purposes of determining the allowable number of ingress
and egress points on any particular lot, all lots recorded at the
effective date of this Ordinance shall be granted at least one (1)
ingress and egress point per road front unless access can be
provided through some internal means. However,
minimization of the total number of driveways along the
Highway 70 corridor is desirable through the use of shared
driveways or other access management techniques.
b. Entrances: On all corner lots, no vehicular openings shall be
located closer than sixty (60) feet from the point of intersection
of the street right -of -way lines. To manage access on Highway
70, corner lots may be required to provide ingress and/or egress
from the adjacent street. Entrances /exits shall not exceed
thirty -six (36) feet in width measured at the property line;
however, in instances where parking lots serve tractor /trailer
traffic, the driveway entrance /exit may be increased to forty
(40) feet in width. Exits for parking facilities containing more
than thirty -six (36) parking spaces shall contain holding lanes
for left- turning and right - turning traffic unless the Zoning
Officer determines that due to the physical features of a site,
holding lanes would be unsafe and in accordance with
established traffic mitigation standards, should not be required.
c. Multiple curb cut requirements: A lot fronting on Highway
70 shall have a minimum of six hundred (600) feet of road
frontage along the street before two (2) curb cuts are allowed
unless the project meets one (1) of the following criteria:
i. Any mixed -use development where two (2) curb cuts are
approved as part of a Special Use Permit or other approval
procedures as prescribed by the Orange County Board of
Commissioners.
ii. In instances where a non - residential land use is proposed
next to another non - residential land use and each of the
contiguous non - residential land uses will have direct
frontage along Highway 70, then the County shall require
shared driveway cuts for all such contiguous non-
residential land uses. In the event that shared driveway
cuts are required, then the owners of the contiguous parcels
shall execute reciprocal easement agreements between the
separate property owners and have the same recorded in the
Office of the Orange County Register of Deeds prior to the
issuance of a Zoning Compliance Permit. The easement
agreement called for herein shall be sufficient to allow for
the development of a service road to channel access from
Highway 70 to each property. An example of the shared
access is as follows:
0
I
Highway 70
Non - residential developments that are not contiguous to
other non - residential developments at the time they are
approved shall be required to designate stub outs to
adjoining properties on the site plan for the proposed
development so that this shared access can be developed if
and when the adjacent property is developed for non-
residential purposes or in cases where an individual curb
cut for a residential land use is deemed to be a traffic safety
hazard by the County and NC DOT.
iii. Non - residential developments within the pre - defined
commercial areas of the Highway 70 Corridor are required
to develop shared access points as part of the site plan
approval process for the project.
d. The creation of offset driveways and/or intersections is not
permitted, unless no practical alternative exists.
e. All driveway entrances must have an approved NCDOT
driveway permit and must be paved to NCDOT standards from
the edge of the existing roadway pavement to the existing
right -of -way limit on the interior of the property.
6. Outside Storage of Materials. All outside storage of materials on
non - residential lots is prohibited. This prohibition includes the storage
of goods or materials which are not an integral part of the use of the
property and which are not obviously for sale. This prohibition does
not include the storage of materials where the primary use of the
property includes the outside display of goods for sale such as
automobiles, boats, mobile homes, etc., and the materials stored
outside are for sale.
7. Architectural Standards:
a. Buildings:
I. Under no circumstances shall modern corporate franchise
building design be permitted. Franchise or `chain' businesses
desiring to locate in the Highway 70 Overlay District shall be
required to design the building in accordance with these
guidelines. For purposes of this paragraph "modern corporate
franchise building' design" means a building design that is
trademarked, branded, or easily identified with a particular
chain or corporation and is ubiquitous in nature.
2. Drive - through facilities are prohibited on all non - residential
uses.
3. Mirrored glass is prohibited.
4. Similar architectural style and orientation must be observed to
compliment surrounding structures.
5. Similar building materials must be utilized when constructing
the new structure including exterior finish. Acceptable
materials include: brick, wood, stone, stucco, marble, and other
similar materials.
6. Building elevations shall be designed to be architecturally
treated to avoid long, blank building fagades.
7. Windows on the street frontage side of a building shall be
limited to forty percent (40 %) of the total building fagade.
8. The principle building shall be oriented facing towards the
fronting street.
9. A functional doorway for public or direct -entry access into a
building shall be provided from the fronting street. Corner
entrances should be provided on corner lot buildings. This
standard does not preclude the ability to provide additional
entrances to a building.
10. Decorative cornices shall be provided for buildings with a flat
roof, defined as roofs with a pitch less than 3:12. Alternatively,
eaves shall be provided with a pitched roof, defined as roofs
with a pitch greater than 3:12. Pitched roofs are generally
preferred over flat roofs.
11. All rooftop mechanical equipment (i.e. vents, ducts,
communication antennas, HVAC units, etc) shall be screened
from view or designed and installed in a manner using
materials and colors compatible with the building architecture.
12. Highly reflective roofing materials shall be avoided. All
proposed metal roofing should be standing seam or copper.
Galvanized steel and tin roofs are permitted.
13. Residential manufactured structures are not permitted for
conversion to a non - residential use.
Additional Architectural Standards for existing single - family
structures being converted into non - residential use:
1. The exterior fagade of an existing single- family residence
proposed for conversion into non - residential use shall not be
altered to accommodate new non - residential land uses except
where modifications are necessary to address building or fire
code requirements.
2. Any structures proposed for removal shall either be moved to
another location for re -use contemporaneously with the
construction of the new structure or be deconstructed in such a
manner that the resultant materials are suitable for re -use by the
deconstructing party others in future building projects. It is the
intent of this paragraph that the removed structure be recycled
to the extent possible.
b. Site Design for all construction /renovation:
1. Non - residential developments are required to maintain/ control
the first half -inch of stormwater runoff on site, or off -site with
a binding agreement.
c. Landscaping and Buffering:
1. In lieu of the requirements outlined in Article 12 regarding the
width of Landscaped Buffers, there shall be a minimum ten
(10) feet wide vegetative buffer along all rights -of -ways
comprised of vegetation that compliments surrounding
plantings and which includes trees planted in accordance with
Section 12.4.1 where possible.
2. In lieu of the requirements outlined in Article 12 regarding the
width of Landscaped Buffers, there shall be a minimum fifteen
(15) feet wide vegetative buffer along all common property
lines separating non - residential and residential land uses. The
required plantings shall be in accordance with those required
for Buffer Yards Type A outlined within Article Twelve (12)
of the Zoning Ordinance. There shall be a minimum eight (8)
feet wide landscaped strip along all property lines separating
non - residential uses from non - residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi - opaque
intermittent visual obstruction from the ground to a height of at
least fifteen (15) feet. Joint use agreements between adjacent
property owners for shared ingress /egress and/or parking may
result in a waiver regarding the exact location(s) of the required
buffers.
3. The entire area surrounding the foundation of the new building
shall be landscaped in scale with adjacent structures.
d. Signage
1. Signage for non - residential uses shall conform to all
requirements within Article Nine (9) of the Zoning Ordinance.
In addition, only monument style signs that do not exceed six
(6) feet in height are permitted within the Highway 70 Zoning
Overlay District. Pole signs are not permitted.
e. Site Design and Layout for all construction/ renovation:
1. The natural topography of the property shall be preserved to
the greatest extent possible to avoid stormwater runoff onto
adjacent properties.
2. Any and all existing natural features (i.e. streams, ponds,
hillsides, unique vegetation, mature trees, etc) shall be
protected and preserved through the site planning and
development process.
3. The siting of buildings shall be done to preserve to the greatest
extent possible scenic views /vistas.
C Parking Lot Design:
1. Required parking shall be located at the side or rear of the
structure.
2. Shared parking areas shall be encouraged for contiguous non-
residential land uses as defined within Article Ten (10) of the
Zoning Ordinance.
3. Provision of parking areas in excess of ten percent (10 %) of the
minimum parking requirements within Article Ten (10) shall
not be permitted.
4. Interior landscaping of the parking lots shall be provided as
outlined within Article Twelve (12) of the Zoning Ordinance.
This Ordinance shall be effective upon adoption. Adopted this the 3 Ak
a Y of
2007, upon motion of Commissioner seconded by
Commissioner
I, Donna S. Baker, Clerk of the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on , 2007
as relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
2001.
az
WITNESS my hand and the seal of said County, this V day of 6je,�,
-02&tK7-'
Clerk to the Board of Commissioners
3
addition, the staff initiated several other activities. The staff will be meeting wiInformation
Technology as well at the Clerk's Office with regard to the website and how it can be revised in
positive ways. Secondly, staff has notified the holders of class 1 and class 2 permits in the
County that this discussion was ensuing tonight regarding the changes. He said that he hopes
that everyone appreciates the extent to which the ASAB is positive and proactive in the work
that it does with citizens of Orange County regarding the animal control ordinances. He said
that staff works with pet owners to license pets on an annual basis and are positive in their
approach to orientation. He said that the goal is to try to ensure, through these amendments,
that everyone is educated
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve the proposed amendments to the Orange County Animal Ordinance and Collection
Policy on second reading. These amendments include the recommended increases in civil
penalties and fines and selectively replaces the designation of civil penalties with fees, to be
effective July 1, 2008, upon completion of the approved public relations and outreach efforts
as outlined.
VOTE: UNANIMOUS
b. Zoning Ordinance Text and Map Amendments — Proposed Efland- Cheeks
Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the
Zoning Ordinance Pertaining to Impervious Surface Ratio Regulations
The Board considered making text and map amendments to the Zoning Ordinance and
Zoning Atlas regarding a proposed new zoning overlay district — Efland- Cheeks Highway 70
Corridor Overlay District (ECOD) — and to consider amending impervious surface limits
prescribed in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back
Creek Protected Watersheds.
Perdita Holtz said that this proposed amendment to the zoning ordinance map was on
the October 9'h BOCC agenda for adoption, and at that meeting, the BOCC directed staff to
hold a public information meeting to ensure that people living in the area were as informed as
possible. Planning staff held a public information meeting on November 1s' at the Efland -
Cheeks Community Center, and a synopsis is on page two of the abstract.
Commissioner Foushee asked about the reference to a comment from a citizen about
long -term effects on the black community. She asked for an elaboration on this.
Perdita Holtz said that this individual was concerned about potential tax impacts and
potential traffic increases. She said that the citizen was wary of any change along the corridor
and Perdita spoke to her, although she was still apprehensive.
Commissioner Gordon said that she had expressed some concerns at the November
9'h meeting about the tax impact, and other impacts, on part of this area. She said that if this is
passed, that it should be passed with a provision that the County Commissioners receive a
staff report within one year to assess the impacts of property conversions and revaluations.
A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
approve text and map amendments to the Zoning Ordinance and Zoning Atlas regarding a
proposed new zoning overlay district — Efland- Cheeks Highway 70 Corridor Overlay District
(ECOD); and to amend impervious surface limits prescribed in Section 6.23.3 of the Zoning
Ordinance in regards to he Upper Eno and Back Creek Protected Watersheds, with a provision
to receive a staff report annually including the number of conversions and the effect on the
revaluation of the property.
VOTE: UNANIMOUS
T
Chair Jacobs said that sometimes the Board asks for annual reports and he asked the
Manager to make a schedule for these annual requests.
C. Landfill Gas Recovery Process Options
The Board considered proposed options for proceeding to develop a gas recovery
project at the Orange County Landfill.
Solid Waste Director Gayle Wilson said that staff is asking for guidance from the Board
regarding an approach to move forward to pursue a landfill gas recovery project. In 1997, the
Chapel Hill Department of Solid Waste became a partner in EPA's Landfill Methane Outreach
Program in hopes of identifying a landfill gas project for the facility. The University quickly
became the only viable project opportunity. Following meetings with University
representatives, a project was not put together, and it was abandoned. Over the last few
years, there have been various inquiries and discussions regarding getting this project off the
ground. Over the past several months, there has been considerable interest in the relatively
small landfill. The County has been contacted by a number of parties interested in delivering
specific proposals. The University is interested in this and the staff and representatives from
the University have met several times to discuss this potential project. Late this summer, the
University submitted a memorandum of understanding, attached to the abstract, for Orange
County consideration. This MOU would grant exclusive rights for the University to negotiate
with Orange County and would prohibit Orange County from considering other proposals. The
MOU approach is option #1 in the abstract. In response to receiving various other expressions
of interest, option #2 is an RFP process for all interested parties, including the University.
Option #3 is for Orange County to develop its own landfill gas project. He introduced Bob
Selig, a landfill gas consultant, who was available to answer any questions.
Chair Jacobs said that late today further communication was received from UNC-
Chapel Hill Associate Vice Chancellor of Auxiliary Services Carolyn Elfland asking that the
Board defer making a decision until the next meeting so that she and University staff have an
opportunity to meet with the Manager because there is still some misunderstanding and
miscommunication.
Carolyn Elfland said that there seems to be some problem with communicating with the
University. She wants to arrive at the reason why there cannot be a meeting and try to
overcome that.
Commissioner Nelson said that this is an important time where there is finally a market
for methane gas. Methane is one of the worst greenhouse gases and he wants to move
forward expeditiously with the University. He said that he is not going to be willing to wait
forever, but he is willing to wait one more week.
Commissioner Foushee agreed with Commissioner Nelson. She asked about option #3
and if it is cost - effective for the County to develop its own project. If not, she wants to remove
this option.
Laura Blackmon said that there would be some infrastructure and operating costs, and
additional assistance would be sought for this.
Commissioner Foushee suggested removing this as an option for expediency
purposes, and the Board agreed.
Commissioner Gordon said that the underlying presentation of options seems to be
economic return. She said to include project specific economics, when this is brought back.
She said that the decision would be partially driven by the return.
Laura Blackmon said that there is no way to know this because the market value of the
gas is not known.
ORJO - ada 7 -ZO3
ORANGE COUNTY
BOARD OF COMMISSIONERS /%O 0
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 9, 2007
Action Agenda
Item No. (o - -P
SUBJECT: Zoning Ordinance Text and Map Amendments - Proposed Efland- Cheeks
Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3
of the Zoning Ordinance pertaining to Impervious Surface Ratio Regulations
DEPARTMENT: Planning Department PUBLIC HEARING: (Y /N) NO
ATTACHMENTS:
1. Proposed Zoning Ordinance Text
Amendments
2. Map Depicting Proposed Boundaries of
ECOD
3. Q&A Document that was included with
Notification Letter
4. Staff Responses to Comments and
Questions made at the August 27, 2007
Quarterly Public Hearing
5. Draft Planning Board Minutes of 9/5/07
Meeting (excerpt of this item only)
INFORMATION CONTACT:
Craig Benedict, Director, (919) 245 -2592
Perdita Holtz, Special Projects Planner,
(919) 245 -2611
Michael Harvey, Zoning Enforcement
Officer, (910) 245 -2607
PURPOSE: To consider making text and map amendments to the Zoning Ordinance and
Zoning Atlas regarding a proposed new zoning overlay district - Efland- Cheeks Highway 70
Corridor Overlay District (ECOD) - and to consider amending impervious surface limits
prescribed in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back
Creek Protected Watersheds.
BACKGROUND: One of the recommendations of the adopted Efland- Mebane Small Area Plan
(EMSAP) is to allow commercial development in certain areas along the Highway 70 corridor
and to allow for conversion of some residential structures to office type uses. A Land Use
Element text amendment regarding 10 -Year Transition areas was heard at the May 21, 2007
Quarterly Public Hearing and was adopted by the BOCC at the August 21, 2007 BOCC meeting.
This Zoning text and map amendment is the next step towards allowing non - residential uses in
specific areas along the Highway 70 corridor. This is a smaller scale economic development
opportunity that is being expanded in appropriate areas.
The typical steps in planning changes are:
1. Small Area Plan Adoption (June 2006) with Recommendations
2. Land Use Element Text Amendments (adopted August 21, 2007)
3. Land Use Element Map Amendments (n /a in this case)
4. Zoning Text Amendments (this proposal)
5. Zoning Atlas /Map Amendments (this proposal)
6. Petitioner Application (processed after Implementing Regulations are adopted)
The proposed text amendment would add a new Zoning Overlay District to the Zoning
Ordinance. The name of the proposed new Zoning Overlay District is the Efland- Cheeks
Highway 70 Corridor Overlay District (ECOD). The following Sections would be added to the
Zoning Ordinance: Section 4.2.33 and Section 6.25 with appropriate sub - sections. Additionally,
the Zoning Atlas would be amended to delineate the extent of the ECOD on the County's official
zoning maps. There are two (2) specific designations within the proposed ECOD - the general
ECOD area and the pre - designated commercial area. A total of 607 acres of land are contained
within the ECOD boundaries with 148 acres of the total acreage in the pre- designated
commercial area.
Proposed Zoning text changes include adding sections of intent, application criteria, permitted
uses, development standards, access, outside storage limitations, prescribed architectural
standards to preserve community and corridor character, landscaping, signage, and parking.
Amendments are also proposed to Section 6.23.3 of the Zoning Ordinance to increase the
permitted Impervious Surface Ratio (ISR) to 40% for non - residential uses in 10 -year Transition
areas, with structural BMPs if the ISR is greater than 12 %, if the parcel is located in the Upper
Eno or Back Creek Protected Watershed.
August 27, 2007 Public Hearing
Because the proposed amendments affect the Zoning Atlas, notification letters to affected
property owners were required by State statutes and by County Ordinance. A total of 456
notification letters were mailed on August 10, 2007 to property owners in the proposed ECOD
and to property owners within 500 -feet of the proposed ECOD boundary advising them of the
proposal and inviting them to the August 27, 2007 Quarterly Public Hearing. Approximately 20
citizens attended the public hearing regarding this item and three (3) citizens addressed the
BOCC and Planning Board regarding the proposal. Two (2) of the citizens had questions about
how the proposal would specifically affect their property. One (1) of the citizens cited concerns
over existing traffic levels and how the proposal might increase traffic.
The proposed amendments are consistent with the recommendations contained in the adopted
EMSAP. The EMSAP Implementation Focus Group (fFG) was involved in drafting the proposed
changes and IFG members have reviewed the proposed amendments. A 2 -page "Q & A"
document that explains some of the details of the proposed ECOD was included with the
property owner notification letters and is included as Attachment 3.
3
Post August 27, 2007 Public Hearing Amendments and Responses
Staff has prepared responses to comments and questions made by BOCC and Planning Board
members at the Quarterly Public Hearing and has included this document at Attachment 4.
Attachment 1 is the proposed Zoning Ordinance text amendments with post - Quarterly Public
Hearing text revisions in Section 6.25 shown in strike - through /underline format (see pages 6 -12
of the agenda abstract).
Planning Board Recommendation: The Planning Board considered the proposed text
amendment at its regular meeting on September 5, 2007. The Planning Board voted 6 -3 in
favor of recommending approval of the text amendment. (Planning Board vote - 'Yes': Bryan,
Crawford, Goodwin, Pelissier, Quinn, Wegner; 'No': Kempinski, Price, Lasris; Absent: Knight,
Schmitt). As the Draft Planning Board minutes indicate (Attachment 5), there was a motion on
the floor to consider holding an additional public outreach meeting. This motion failed by a 2 -7
vote.
FINANCIAL IMPACT: There is no direct financial impact. Staff time has been accounted for in
the departmental budget.
RECOMMENDATION(S): The Manager recommends that the Board adopt the Zoning Text and
Atlas amendments as presented (incorporating the changes that have been proposed since the
Quarterly Public Hearing which are indicated in strike - through /underline text).
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 4
(Changes made after Aug. 27 QPH are in strike - through/underline format)
Section 4.2.33 Efland - Cheeks Highway 70 Corridor Overlay District (ECOD):
a) Intent. The Highway 70 Corridor Overlay District is established to provide for
compatibility of uses between existing single - family residential land uses and non-
residential developments along a designated portion of Highway 70 within Cheeks
Township. The Highway 70 corridor covered under this overlay district is part of the
adopted Efland Mebane Small Area Plan which outlines acceptable levels of
development within the study area, including allowing for additional non - residential
development along Highway 70.
These regulations are designed to preserve and enhance the character of the community
while allowing for mixed, but compatible, land uses by permitting logical expansion of
existing non - residential developments throughout the corridor.
It is the intent of this district to encourage land use patterns that will:
1. Protect existing single - family residential land uses,
2. Protect the character of the area,
3. Enhance property values,
4. Maintain the economic viability and carrying capacity of the corridor,
5. Preserve open vistas whenever possible,
6. Encourage small businesses to locate in appropriate areas, and
7. Continue to promote and provide for the general welfare of local citizens and
property owners.
Standards are hereby established to allow for the development of additional non-
residential land uses within the Highway 70 corridor in order to maintain and enhance the
economic vitality of the area while protecting the less intensive mixture of existing
residential land uses.
b) Applicability. This district is intended for properties adjacent to Highway 70 within
Cheeks Township of Orange County in accordance with the boundaries shown on the
map below and on the Orange County Zoning Atlas.
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 5
(Changes made after Aug. 27 QPH are in strike - through/underline format)
Efland - Cheeks Highway 70 Corridor Overlay District Boundaries
Lexrld
— En.nd- cheeks rrighway 70 cortaor overlay asM
O PreAesouded comaOM181 aiea
c) Application Criteria. The requirements of this Section apply to all non - residential
land uses and developments within the Highway 70 Overlay District except for existing
non - residential land uses located within previously established general commercial or
Existing Commercial Five (EC -5) zoning districts.
d) Location of Non - residential development: Non - residential development within the
Highway 70 Corridor shall be limited to the following:
1. Pre- designated commercial area as indicated on the Orange County Zoning
Atlas, and
2. Along Highway 70
In accordance with the standards contained within this Ordinance.
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 6
(Changes made after Aug. 27 QPH are in strike - through/underline format)
Section 6.25 Extra Requirements for the Efland - Cheeks Highway 70 Corridor
Overlay District (ECOD)
Section 6.25.1 Permitted Uses
Within the ECOD, uses of land and structures shall be permitted as follows:
1. Non - residential development within the pre - designated commercial area shall
adhere to the permitted and special uses outlined for the Neighborhood
Commercial Two (NC -2) zoning district as contained within Section 4.3 Table of
Permitted Uses of this Ordinance.
2. Non - residential uses within the Highway 70 Corridor Overlay District, shall be
limited to professional office and similar institutional uses (numbers S28 and S29
on the Permitted Use Table found in Section 4.3) and abide by the standards
contained herein.
3. No more than forty percent (40 %) of the Highway 70 corridor outside of the pre -
designated commercial areas shall be permitted for non - residential uses. This
figure shall be calculated by the sum of the street frontage of lots used for non-
residential purposes compared to the total street frontage of all lots on both sides
of the roadway outside of the pre - designated commercial areas along the overlay
district corridor. The 40% limitation includes non- residential uses conducted
within new or converted/rehabilitated structures that have a residential
appearance.
Section 6.25.2 Approval Requirements
Within the ECOD, no construction activity shall begin nor shall any conversion of
existing single - family residence to a non - residential land use, excavation, soil removal,
grading or disturbance of vegetation including trees, land disturbing activity associated
with a non - residential land use, be commenced, nor any sign erected until such time as a
site plan has been approved and a permit issued by the Zoning Officer in accordance with
Section 21.4 and in Article 14 of this Ordinance.
Section 6.25.3 Site Plan Requirements
In addition to the requirements outlined within Article Fourteen (14) Site Plan Approval
Procedures, the following additional information shall be required for non - residential
land uses developing within the ECOD:
(a) A development summary including total acres, proposed use(s), total
building square footage, required and proposed parking spaces.
(b) The dimensions and acreage of each lot or portion thereof to be built
upon or otherwise used.
(c) The layout of the entire project including the proposed uses of all
building and their relation to surrounding properties.
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 7
(Changes made after Aug. 27 QPH are in strike - through/underline format)
(d) The location and dimensions of present and proposed streets and
highways.
(e) The location of points of entry and exit for motor vehicles and internal
vehicular circulation pattern.
(f) All existing and proposed topography at contour intervals of five (5)
feet.
(g) Grading, drainage, sedimentation and erosion control activities.
(h) The location of existing and proposed plantings and screenings.
(i) The location of walls, fences, railings and beams and an indication of
their height and construction materials.
(j) The location and size of all existing and proposed utilities including
water, sewer, gas, and electric lines and structures.
(k) Identification and location of all site improvements including
buildings, streets, water and sewer lines, storm drainage facilities and
any other significant site features.
Section 6.25.4 Non - residential Development Standards:
The following - development standards shall apply to all applicable non - residential
development within the pre - designated commercial areas and along the Highway 70
corridor.
1. Minimum Lot Width. The minimum lot width for all lots created after the
effective date of the Highway 70 Overlay District shall be one hundred and
thirty (130) feet, unless the lot is served by public sewer and shared
ingress /egress in which case the minimum lot width shall be seventy-five (75)
feet.
2. Setbacks and Building Height. The setbacks and building heights for all
structures, regardless of the proposed land use, shall conform to the setbacks of
the underlying zoning district. If Building Height Limitation modifications are
pursued in accordance with Section 6.2.1, in no case shall building height
exceed thirty-five (35) feet. Where applicable, the front yard setback shall be
measured from any future right -of -way as designated in the Orange County
Thoroughfare Plan.
3. Floor Area Ratio. The maximum floor area ratio for non - residential uses in the
pre - designated commercial area shall be 0.200 with a maximum building square
footage total of 20,000 square feet. The maximum floor area ratio for non-
residential uses along the Highway 70 Corridor shall be 0.100 with a maximum
building square footage total of 6,000 square feet.
4. Yard encroachments: No fences shall be permitted in the front yard of non-
residential uses unless a demonstrated need can be shown. in o ease
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 8
(Changes made after Aug. 27 QPH are in strike - through/underline format)
Chain link residential use. Within the pre - designated commercial area vinyl- coated
non chain link fencing shall be permitted for non - residential uses. Outside of the
pre designated commercial area but within the boundaries of the Highway 70
Overlay District chain link or similar fencing shall not be permitted for non-
residential uses.
5. Ingress and Egress. The following standards shall regulate ingress and egress
points within the corridor:
a. For purposes of determining the allowable number of ingress and egress
points on any particular lot, all lots recorded at the effective date of this
Ordinance shall be granted at least one (1) ingress and egress point per
road front unless access can be provided through some internal means.
However, mMinimization of the total number of driveways along the
Highway 70 corridor is desirable through the use of shared driveways or
other access management techniques.
b. Entrances: On all corner lots, no vehicular openings shall be located
closer than sixty (60) feet from the point of intersection of the street right -
of -way lines. To manage access on Highway 70, corner lots may be
required to provide ingress and/or egress from the adjacent street.
Entrances /exits shall not exceed thirty-six (36) feet in width measured at
the property line; however, in instances where parking lots serve
tractor /trailer traffic, the driveway entrance /exit may be increased to forty
(40) feet in width. Exits for parking facilities containing more than thirty-
six (36) parking spaces shall contain holding lanes for left - turning and
right - turning traffic unless the Zoning Officer Planning Depw4fnent I
determines that due to the physical features of a site, holding lanes would
be unsafe and in accordance with established traffic mitigation standards,
should not be required.
c. Multiple curb cut requirements: A lot fronting on Highway 70 shall
have a minimum of six hundred (600) feet of road frontage along the street
before two (2) curb cuts are allowed unless the project meets one (1) of the
following criteria:
i. Any mixed -use development where two (2) curb cuts are approved
as part of a Special Use Permit or other approval procedures as
prescribed by the Orange County Board of Commissioners.
ii. In instances where a ale non - residential land uses is are
proposed next to another non - residential land use and each of the
contiguous non - residential land uses will have with eentigueus
direct frontage along Highway 70, vVithin ei-fl a nevo stfuetufe OF
a then the
County shall require shared driveway cuts for all such contiguous
non- residential land uses. In the event that shared drivewacuts
are required, then t=he owners of the contiguous parcels qty
Shall FegUiF@ the shall execute i-eeefdatien -ef reciprocal easement
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 9
(Changes made after Aug. 27 QPH are in strike - through/underline format)
agreements between the separate property owners and have the
same recorded in the Office of the Orange County Register of
Deeds prior to the issuance of a Zoning Compliance Permit. The
easement agreement called for herein shall be sufficient to
allow ir for the development of a service road to channel access
from Highway 70 to each property. An example of the shared
access is as follows:
Highway 70
Non - residential developments that are not contiguous to other non-
residential developments at the time they are approved shall be
required to designate stub outs to adjoining properties on the site
plan for the proposed development so that this shared access can
be developed if and when the adjacent property is developed for
non - residential purposes or in cases where an individual curb cut
for a residential land use is deemed to be a traffic safety hazard by
the County and NC DOT.
iii. Non - residential developments within the pre - defined commercial
areas of the Highway 70 Corridor are required to develop shared
access points as part of the planning site plan approval process for
the project.
d. The creation of offset driveways and/or intersections is not permitted,
unless no practical alternative exists.
e. All driveway entrances must have an approved NCDOT driveway permit
and must be paved to NCDOT standards from the edge of the existing
roadway pavement to the existing right -of -way limit on the interior of the
property.
6. Outside Storage of Materials. All outside storage of materials on non-
residential lots shall be is prohibited. This s4a4 prohibition includes the storage
of goods or materials which are not an integral part of the use of the property
and which are not obviously for sale. This shall not pi-eelude prohibition does
not include the storage of materials Ft where the primary use of the
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 10
(Changes made after Aug. 27 QPH are in strike - through/underline format)
property includes the outside display of goods for sale such as automobiles,
boats, mobile homes, etc., and the materials stored outside are for sale.
7. Architectural Standards:
i. Buildings:
1. Under no circumstances shall modern corporate franchise
building design be permitted. Franchise or `chain'
businesses desiring to locate in the Highway 70 Overlay
District shall be required to design the building in
accordance with these guidelines. For purposes of this
paragraph "modern corporate franchise building design"
means a building design that is trademarked, branded, or
easily identified with a particular chain or corporation and
is ubiquitous in nature.
2. Drive- through facilities are prohibited on all non - residential
uses.
3. Mirrored glass sh-&4 is be prohibited.
4. Similar architectural style and orientation should must be
observed to compliment surrounding structures.
5. Similar building materials should must be utilized when
constructing the new structure including exterior finish.
Acceptable materials include: brick, wood, stone, stucco,
marble, and other similar materials.
6. Building elevations shall be designed to be architecturally
treated to avoid long, blank building fagades.
7. Windows on the street frontage side of a building shall be
limited to forty percent (40 %) of the total building fagade.
8. The principle building shall be oriented facing towards the
fronting street.
9. The pr- ineipl°, A functional doorway for public or direct -
entry access into a building should be shall be provided
from the fronting street. Corner entrances should be
provided on corner lot buildings. This standard does not
preclude the ability to provide additional entrances to a
building.
10. Decorative cornices shall be provided for buildings with a
flat roof, defined as roofs with a pitch less than 3:12.
Alternatively, eaves should shall be provided with a pitched
roof, defined as roofs with a pitch greater than 3:12.
Pitched roofs are generally preferred over flat roofs.
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 11
(Changes made after Aug. 27 QPH are in strike - through/underline format)
11. All rooftop mechanical equipment (i.e. vents, ducts,
communication antennas, HVAC units, etc) shall be
screened from view or designed and installed in a manner
using materials and colors compatible with the building
architecture.
12. Highly reflective roofing materials shall be avoided. All
proposed metal roofing should be standing seam or copper.
Galvanized steel and tin roofs are permitted.
13. Residential manufactured structures are not permitted for
conversion to a non - residential use.
Additional Architectural Standards for existing single - family
structures being converted into non - residential use:
1. The exterior fagade of an existing single - family residence
proposed for conversion into non - residential use shall not
be altered to accommodate new non - residential land uses
except where modifications are necessary to address
building or fire code requirements.
2. Any structures proposed for removal shall either be
moved to another location for re -use contemporaneously
with the construction of the new structure or be
deconstructed in such a manner that the resultant
materials are suitable for re -use by the deconstructing
party or others in future building projects. It is the intent
of this paragraph that the removed structure be recycled
to the extent possible.
ii. Site Design for all construction/renovation:
1. Non - residential developments are required to
maintain/control the first half-inch of stormwater runoff
on site, or off -site with a binding agreement.
iii. Landscaping and Buffering:
1. In lieu of the requirements outlined in Article 12 regarding
the width of Landscaped Buffers, there shall be a minimum
ten (10) feet feet wide vegetative buffer along all rights -of-
ways comprised of vegetation that compliments
surrounding plantings and which includes trees planted in
accordance with Section 12.4.1 where possible.
2. In lieu of the requirements outlined in Article 12 regarding
the width of Landscaped Buffers, there shall be a minimum
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 12
(Changes made after Aug. 27 QPH are in strike - through/underline format)
fifteen (15) feet feet wide vegetative buffer along all
common property lines separating non - residential and
residential land uses. The required plantings shall be in
accordance with those required for Buffer Yards Type A
outlined within Article Twelve (12) of the Zoning
Ordinance. There shall be a minimum eight (8) feet feet
wide landscaped strip along all property lines separating
non - residential uses from non - residential uses. The
landscaped strip shall be comprised of vegetation that
forms a semi - opaque intermittent visual obstruction from
the ground to a height of at least fifteen (15) feet. Joint use
agreements between adjacent property owners for shared
ingress/egress and/or parking may result in a waiver
regarding the exact location(s) of the required buffers.
3. The entire area surrounding the foundation of the new
building shall be landscaped in scale with adjacent
structures.
iv. Signage
1. Signage for non - residential uses shall conform to all
requirements within Article Nine (9) of the Zoning
Ordinance. In addition, only exeept that monument style
signs that do not exceed six (6) feet in height are permitted
shall be r-o uifed within the Highway 70 Zoning Overlay
District. Pole signs shall not be are not permitted.
v. Site Design and Layout for all construction /renovation:
1. The natural topography of the property shall be preserved to
the greatest extent possible to avoid stormwater runoff onto
adjacent properties.
2. Any and all existing natural features (i.e. streams, ponds,
hillsides, unique vegetation, mature trees, etc) shall be
protected and preserved through the site planning and
development process.
3. The siting of buildings shall be done to preserve to the greatest
extent possible scenic views /vistas.
vi. Parking Lot Design:
1. Required parking shall be located at the side or rear of the
structure.
2. Shared parking areas shall be encouraged for contiguous non-
residential land uses as defined within Article Ten (10) of the
Zoning Ordinance.
FINAL DRAFT RECOMMENDED FOR ADOPTION Attachment 1 13
(Changes made after Aug. 27 QPH are in strike - through/underline format)
3. Provision of parking areas in excess of ten percent (10 %) of the
minimum parking requirements within Article Ten (10) shall
not be permitted.
4. Interior landscaping of the parking lots shall be provided as
outlined within Article Twelve (12) of the Zoning Ordinance.
(Excerpt of Section 6.23.3)
2. Non - Residential Development
Amandp -r i 1/4/A4- 10/19/99- R/21/01
Attachment 1 14
DISTRICT
IMPERVIOUS SURFACEIDETENTION POND REQUIREMENTS
(NON- RESIDENTIAL)
UNIV -CA
Same as Residential (See previous Table)
UNIV -PW
CANE -CA
5 -acre minimum lot size, with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
U- ENO -CA
2 -acre minimum lot size
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
CANE -PW
5 -acre minimum lot size with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres
in CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
LITTLE -PW
2 -acre minimum lot size
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres
in CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed.
(Excerpt of Section 6.23.3) Attachment 1 15
U- ENO -PW
70%
BACK -PW
ISR in Commercial and /or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan (high - density
option) with structural BMPs if ISR > 12 %;
AND
50% ISR for all fire stations and solid waste collection centers
outside of Commercial and /or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan, with structural
BMPs if ISR > 12 %;
AND
40% ISR for all non - residential uses in 10 -year Transition areas as
designated in the Land Use Element of the Comprehensive Plan,
with structural BMPs if ISR > 12%;
AND
12% ISR for all other non - residential uses outside of Commercial
and /or Industrial Nodes as designated in the Land Use Element of
the Comprehensive Plan (* BMPs cannot be used to satisfy
watershed impervious surface requirements);
AND
on -site infiltration of the first inch of stormwater runoff;
AND
A limit of 1,151 acres of non - residential use throughout U- ENO -PW
(5.0 %) and 163 acres throughout BACK -PW (1 %).
HYCO -PW
50% ISR for all fire stations and solid waste collection centers;
FLAT -PW
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1 % of the watershed for non - residential use (37 acres in
HYCO -PW, 66 acres in FLAT -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
L- ENO -PW
70% impervious surface, with structural BMPs required when
impervious surface exceeds:
24% (w/ curb and gutter); or
36% w/o curb and gutter).
HAW -PW
24% impervious surface limit.
JORDAN -PW
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
D
0
Q &A document that was mailed with property owner Attachment 3 17
Notification letter
Efland- Cheeks Highway 70 Corridor Overlay District (ECOD)
The following provides information to frequently asked questions regarding the proposed
Efland - Cheeks Highway 70 Corridor Overlay District (ECOD).
What is being proposed?
A new zoning overlay district is being proposed that would apply to a specific area along
Highway 70 between Efland and Mebane (see map for specific boundaries). There are
two categories within the ECOD — a "pre- designated commercial area" and a general area
that is within the boundaries of the ECOD.
Within the "pre- designated commercial area," a variety of commercial uses could be
possible. Outside of the "pre- designated commercial area" but within the ECOD, non-
residential uses would be limited to professional offices and similar low- impact uses.
How does a zoning overlay district work?
A zoning overlay district is essentially a special set of regulations that supplement the
base zoning district regulations in a specific geographic area. The special regulations can
be either more permissive or more restrictive than the base zoning district regulations,
depending on what intended outcome is being sought. The base zoning district does not
change; properties that are currently being used in conformance with their base zoning
district can continue to be used as they currently are and do not become "non- conforming
uses." The zoning overlay district regulations are applied only when a property owner
wishes to apply for a permit to use their property in a way that is allowed by the zoning
overlay regulations.
What kind of uses will be allowed in the ECOD?
In the proposed "pre- designated commercial area," the uses allowed would be those that
are classified as "Neighborhood Commercial" in the County's zoning ordinance.
Examples of Neighborhood Commercial uses are low- to medium - impact commercial
uses such as banks, beauty shops, dry cleaners, professional offices, and restaurants
(although drive -thru restaurants are not included).
In the ECOD areas outside of the "pre- designated commercial area," the only non-
residential uses allowed would be offices and professional services that attract either few
or a moderate number of customers and traffic volumes and that have no adverse impacts
beyond the lot boundaries. Additionally, non - residential uses would be capped at no
more than 40% of the Highway 70 corridor outside of the "pre - designated commercial
area."
Q &A document that was mailed with property owner Attachment 3 18
Notification letter
How will property adjacent to non - residential uses be protected?
The requirement of the ECOD endeavor to minimize or eliminate impacts non - residential
uses may have on adjacent properties. For example, non - residential uses will be required
to provide vegetated buffers at the perimeter of the lot; along the Highway 70 corridor
outside of the pre - designated commercial area, no more than 40% of the corridor will be
permitted for non - residential uses; development standards for non - residential uses have
been proposed which include: floor area ratio restrictions (floor area ratio is a ratio
between the maximum building square footage and the size of the lot), restrictions on
fencing and the use of chain link fencing, the number of ingress and egress points
permitted with requirements that should eventually decrease the number of access points
on Highway 70 through the use of service roads, restrictions on signage and parking, and
a variety of architectural design standards for non - residential buildings that seek to
enhance the built environment along the corridor.
Attachment 4 19
Efland- Cheeks Highway 70 Corridor Zoning Overlay District (ECOD)
Staff Responses to Comments and Questions made by the
BOCC and Planning Board at the
August 27, 2007 Quarterly Public Hearing
1. Comment: Allowing non - residential uses along the entire corridor
introduces uncertainty. Why was a 40% limit on non - residential uses
along the corridor chosen? The effect on residential uses that remain
must be considered.
Staff Response: The Highway 70 corridor is located in a 10 -Year
Transition area which is targeted for, and historically has been comprised
of, higher density and intensity of land uses. Indeed, the existing land use
pattern along the corridor is one of residential uses intermixed with a
variety of commercial uses. Staff and the EIVISAP Implementation Focus
Group (IFG) recognize that the proposed zoning overlay district will further
intermix residential and non - residential uses along the corridor. It has
been a desire of the IFG to allow individuals to work within the concept of
a free market economic system to choose locations viable for lower -
impact non - residential uses while mitigating the effect of those non-
residential uses on adjacent and nearby residential uses. Staff and the
IFG believe that the standards contained within the proposed ECOD
effectively mitigate impacts within an area of the county that is targeted for
small -scale economic development.
2. Comment: The restriction on chain link fencing seems overly restrictive.
Staff Response: Staff has evaluated this portion of the proposed text and
is recommending the following change:
➢ Within the pre - designated commercial area, vinyl - coated chain link
fencing would be permitted for non - residential uses. Outside of the
pre - designated commercial area but within the ECOD boundary,
chain link fencing for non - residential uses would not be allowed.
Our professional opinion is that wide- spread use of galvanized steel chain
link fencing detracts significantly from the visual aesthetics of an area and
could detract from the promotion of economic development investment by
low- impact businesses. Chain link fencing should not be permitted
outside of the pre - designated commercial area in order to promote and
protect the visual character of the corridor. Within the pre - designated
commercial area, we are recommending the potential use of vinyl - coated
chain link fencing in an attempt to balance aesthetic aspects with the
potential need for cost- effective fencing.
Attachment 4 20
3. Comment: Why is there a requirement that the principle doorway to a
building be located facing the fronting street when parking must be located
to the side and rear of the building?
Staff Response: As staff explained at the hearing, this is an urban and
site design principle to attempt to keep buildings oriented towards the
street on which they front (which is consistent with existing conditions and
character) while addressing aesthetic considerations brought about by
locating parking at the front of the building (between the road and
building).
Staff is recommending that the proposed ECOD text be, modified slightly to
perhaps allow for more flexibility and innovation in site design while
staying true to the design principle referenced above. (See numbers 8
and 9 under "Architectural Standards" in the draft ECOD text).
4. Comment: Why is there a prohibition on mirrored glass and why are
windows on buildings restricted to 40% of the total building facade?
Staff Response: As was explained at the hearing, there is a restriction on
mirrored glass because of the use of mirrored glass would not be in
keeping with the existing character of the area. While mirrored glass has
been used in buildings for energy saving reflectivity, other window
structural mechanisms such as window azimuthal orientations and size
limitations are now more widely promoted. Limiting windows to no more
than 40% of the street frontage building facade is being recommended as
a building design feature for a building that will be located in a
neighborhood corridor that is not envisioned to promote significant
amounts of window shopping by pedestrians. From an urban design
perspective, a showroom type of building is not in keeping with the
existing feel and character of the area. This type of building may be more
appropriate in other geographic. areas covered in the Efland- Mebane
Small Area Plan and could be brought forward in the future as additional
plan implementation measures are proposed.
Attachment 5 21
1 DRAFT
2 EXCERPT
3 MINUTES
4 ORANGE COUNTY PLANNING BOARD
5 SEPTEMBER 5, 2007
6 REGULAR MEETING
7
8 MEMBERS PRESENT: Jay Bryan, Chapel Hill Representative (Chair); Brian Crawford, Eno Township At- Large;
9 Crauf ird Goodwin, Michelle Kempinski, Cedar Grove Township at Large; Hillsborough Representative; Sam Lasris,
10 Cedar Grove Township At Large, Bernadette Pelissier, Bingham Township; Renee Price, Hillsborough Township At
11 Large (Vice- Chair), Sandra Johnson Quinn, Eno Township; Judith Wegner, Bingham Township At -Large
12
13 MEMBERS ABSENT: Joel Knight, Little River Representative; Jeffrey Schmitt, Cedar Grove Township at Large
14
15 STAFF PRESENT: Craig Benedict, Planning Director, Gene Bell, Planning Systems Coordinator, Planner III; Tom
16 Altied, Comprehensive Planning Supervisor; Michael Harvey, Planner II; Perdita Holtz, Planner II; Karen Markovics,
17 Planner II; Donna Davenport, Administrative Assistant II
18
19 Agenda Item 1: CALL TO ORDER AND ROLL CALL
20-----------------------------------------------------------
21
22 Agenda Item 9: EFLAND- CHEEKS HIGHWAY 70 CORRIDOR OvERLAY DISTRICT
23 Presenter: Perdita Holtz
24
25 Perdita Holtz: Reviewed portions of abstract. (Abstract follows)
26 Purpose: To consider making text and map amendments to the Zoning Ordinance and Zoning Atlas regarding a
27 proposed new zoning overlay district — Efland- Cheeks Highway 70 Corridor Overlay District (ECOD) and to consider
28 amending impervious surface limits prescribed in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno
29 and Back Creek Protected Watersheds.
30 Background: One of the recommendations of the adopted Efland- Mebane Small Area Plan (EMSAP) is to allow
31 commercial development in certain areas along the Highway 70 corridor and to allow for conversion of some
32 residential structures to office type uses. A Land Use Element text amendment regarding 10 -Year Transition areas
33 was heard at the May 21, 2007 Quarterly Public Hearing and was adopted by the BOCC at the August 21, 2007
34 BOCC meeting. This Zoning text and map amendment is the next step towards allowing non- residential uses in
35 specific areas along the Highway 70 corridor. This is a smaller scale economic development opportunity that is being
36 expanded in appropriate areas.
37
38 The typical steps in planning changes are:
39 1. Small Area Plan Adoption (June 2006) with Recommendations
40 2. Land Use Element Text Amendments (adopted August 21, 2007)
41 3. Land Use Element Map Amendments (n /a in this case)
42 4. Zoning Text Amendments (this proposal)
43 5. Zoning Atlas /Map Amendments (this proposal)
44 6. Petitioner Application (processed after Implementing Regulations are adopted)
45
46 The proposed text amendment would add a new Zoning Overlay District to the Zoning Ordinance. The name of the
47 proposed new Zoning Overlay District is the Efland- Cheeks Highway 70 Corridor Overlay District (ECOD). The
48 following Sections would be added to the Zoning Ordinance: Section 4.2.33 and Section 6.25 with appropriate sub -
49 sections. Additionally, the Zoning Atlas would be amended to delineate the extent of the ECOD on the County's
50 official zoning maps. There are two (2) specific designations within the proposed ECOD - the general ECOD area
51 and the pre - designated commercial area. A total of 607 acres of land are contained within the ECOD boundaries
Attachment 5 22
with 148 acres of the total acreage in the pre - designated commercial area.
Proposed Zoning text changes include adding sections of intent, application criteria, permitted uses, development
standards, access, outside storage limitations, prescribed architectural standards to preserve community and corridor
character, landscaping, signage, and parking.
Amendments are also proposed to Section 6.23.3 of the Zoning Ordinance to increase the permitted Impervious
Surface Ratio (ISR) to 40% for non - residential uses in 10 -year Transition areas, with structural BMPs if the ISR is
greater than 12 %, if the parcel is located in the Upper Eno or Back Creek Protected Watershed.
August 27, 2007 Public Hearing
Because the proposed amendments affect the Zoning Atlas, notification letters to affected property owners were
required by State statutes and by County Ordinance. A total of 456 notification letters were mailed on August 10,
2007 to property owners of property in the proposed ECOD and to property owners within 500 -feet of the proposed
ECOD boundary advising them of the proposal and inviting them to the August 27, 2007 Quarterly Public Hearing.
Approximately 20 citizens attended the public hearing regarding this item and three (3) citizens addressed the BOCC
and Planning Board regarding the proposal. Two (2) of the citizens had questions about how the proposal would
specifically affect their property. One (1) of the citizens cited concerns over existing traffic levels and how the
proposal might increase traffic.
The proposed amendments are consistent with the recommendations contained in the adopted EMSAP. The
EMSAP Implementation Focus Group (IFG) was involved in drafting the proposed changes and IFG members have
reviewed the proposed amendments. A 2 -page "Q & A" document that explains some of the details of the proposed
ECOD was included with the property owner notification letters and is included as Attachment 3.
Post August 27, 2007 Public Hearing Amendments and Responses
Staff has prepared responses to comments and questions made by BOCC and Planning Board members at the
Quarterly Public Hearing; this document is included as Attachment 4. Attachment 1 is the proposed Zoning
Ordinance text amendments with post - Quarterly Public Hearing text revisions in Section 6.25 shown in strike -
through /underline format (see pages 6-12 of the agenda abstract).
FINANCIAL IMPACT: There is no direct financial impact. Staff time has been accounted for in the departmental
budget.
RECOMMENDATION: The Planning Staff recommends that the Planning Board make a recommendation for
approval to be considered by the BOCC at the October 9, 2007 regular BOCC meeting.
Brian Crawford: What were Commissioner's Jacobs' comments about fencing?
Perdita Holtz: That the proposed prohibition regarding chain link fencing seemed overly restrictive to him. Our
ordinance at this time does not prohibit chain link fences in other areas of the county. We debated this issue among
staff after the Quarterly Public Hearing and we are recommending that vinyl coated chain link fence be allowed in the
pre - designated commercial area.
Sam Lasris: Where would it be allowed?
Perdita Holtz: It would be allowed in the dotted area on the map. Vinyl coated chain link fence generally comes in
black and green.
Attachment 5
23
103 Sam Lasris: You are talking about mom and pop businesses?
104
105 Perdita Holtz: In the pre - designated commercial area, you may get more than Mom and Pop businesses.
106
107 Sam Lasris: My question about the floor space is that we need an example of a space. Will there be cluster buildings
108 on those lots? Do we limit the options of the shape of buildings? I can see professionals using that space but the
109 building structure may not permit the larger commercial businesses.
110
111 Perdita Holtz: This was an issue that some members of the task force talked about quite a bit. There is a floor area
112 ratio that is not large but rather is envisioned for a smaller scale commercial or office businesses. We are not
113 envisioning large scale office uses. It is also part of the urban design feature to maintain the character along Hwy 70.
114
115 Sam Lasris: How many miles does the dotted area encompass?
116
117 Perdita Holtz: About one and one half miles.
118
119 Bernadette Pelissier: I am unclear about the floor area ratio; does this mean there is a change in density?
120
121 Perdita Holtz: We are expecting conversions of some of those residential structures. The floor area ratio is a change
122 from what is there now. It will double the allowable floor ratio. Density usually refers to residential. development. The
123 floor area ratio is currently .08. It would increase to .20 in the pre - designated commercial area with a maximum
124 building size of 20,000 square feet.
125
126 Bernadette Pelissier: Is there any water and sewer work in that area?
127
128 Perdita Holtz: There is an RFP in process to hire an engineering consultant to work on a master plan for sewer
129 service. Water service through OAWS is currently available throughout this area.
130
131 Craufurd Goodwin: Ben Lloyd spoke angrily about the development. I presume he is one of the three people.
132
133 Perdita Holtz: As I recall, Mr. Lloyd only spoke on the comp plan at the Quarterly Public Hearing. Mr. Lloyd owns
134 land further towards Hillsborough.
135
136 Michelle Kempinski: I would like to make a recommendation or motion that there were a lot people that were present
137 at the Public Hearing who did not speak. There was nobody from the community that was on the Task Force.
138
139 Perdita Holtz: Margaret McAdoo lives in the general area and is on the Task Force.
140
141 Michelle Kempinski: I would like to suggest that there be a meeting held in that area that would allow open
142 discussion about the changes that will be taking place.
143
144 Jay Bryan: You are proposing that be done before it is adopted on October 9. If we make a recommendation for
145 approval it would be considered on that date.
146
147 Michelle Kempinski: This task force did have several meetings about this area and there was a high turnout of
148 people in the area that came to these meetings.
149
150 Jay Bryan: Your desire is that be done prior to adoption.
151
Attachment 5 24
152 Perdita Holtz: I went out to the hallway after the public hearing and all most all the people I spoke with were
153 concerned about the tax effects and they asked how will this affect their property. They had speck questions about
154 their property.
155
156 Craufurd Goodwin: What is the answer?
157
158 Perdita Holtz: Property taxes are based on assed values which are based on appraisals. There are a lot of variables.
159
160 Renee Price: My concern is that I noticed the number of people in the audience at the QPH who were concerned
161 about property values and taxes. The plan would increase the property value and if people will be pushed out. If
162 there was rezoning would taxes increase automatically?
163
164 Michelle Kempinski: It was a public hearing and there were a lot of people with an incentive to show up but who did
165 not speak. People might speak if there was different environment with a more casual atmosphere.
166
167 Renee Price: My experience is that people will come to Public Hearing but if they had not been coached they will not
168 speak.
169
170 Perdita Holtz: There were 456 letters sent out and I received 4 or 5 phone calls.
171
172 Renee Price: If it was in a different setting.
173
174 Jay Bryan: There is an interest from the board member to hear the public's comments.
175
176 Judith Wegner: With the high turnout for QPH they might have felt intimidated at that meeting.
177
178 Brian Crawford: Is there some reason or urgency that it needs to be on the October's Board of County
179 Commissioners meeting?
180
181 Perdita Holtz: No. This is just the timeline that was worked out.
182
183 Brian Crawford: The purpose of this meeting is for people to show up at the Planning Board. I would be opposed to
184 going there because we don't do that for anyone else. I do hear that there's a need for a community meeting with
185 more discussion with the planning staff.
186
187 Michelle Kempinski: Maybe part of a task force. It can be open and the information would come back the Planning
188 Board.
189
190 Craufurd Goodwin: I would like to speak against this. We have no evidence that the community wants another
191 meeting. If someone had shown up here then I might feel differently about this. But there's nothing to suggest that
192 they want another meeting.
193
194 Perdita Holtz: I spoke with them in the hallway and I reported to you the concerns I heard about taxes.
195
196 Michelle Kempinski: There was an individual that had a question about the school and traffic near the school. I do
197 think there are questions out there that are not being asked or answered.
198
199 Judith Wegner: Did they close the Public Hearing? You want there to be an informal exchange of information?
200
201 Michelle Kempinski: Is the question whether we can receive information after the hearing is closed?
202
Attachment 5 25
203 Renee Price: Could we decline further recommendation and ask for the Public Hearing be reopened?
204
205 Brian Crawford: We take action as a result of that Public Hearing.
206
207 Craufurd Goodwin: What do we think we will get.
208
209 Renee Price: We need clarification.
210
211 Craufurd Goodwin: Clarification of what?
212
213 Jay Bryan: The motion is on the floor.
214
215 MOTION made by Michelle Kempinski that before we make a recommendation regarding the Hwy 70 corridor overlay
216 district that there is an opportunity to discuss this ordinance change prior to Board of County Commissioners
217 approval. Renee Price seconded the motion.
218
219 Sam Lasris: We might want to change the wording not just the opportunity to discuss but that we want another
220 meeting.
221
222 Perdita Holtz: If that motion passes, the recommendation for an additional meeting will have to be taken to the Board
223 of County Commissioners for their approval. In addition could you clarify what would be considered appropriate
224 advertising and whether that means sending out 456 more notices.
225
226 Jay Bryan: Let's see if the motion carries.
227 VOTE: 2 Yes; 7 No; Brian Crawford, Craufurd Goodwin, Sam Lasris, Bernadette Pellisier, Renee Price, Sandra Quinn,
22.8 Judith Wegner
229
230 MOTION made Judith Wegner: to approve staff recommendations. Brian Crawford seconded the motion.
231 VOTE: (3 opposed; Michelle Kempinski: Renee Price: Sam Lasris)
232
233 Jay Bryan: Judith's question about our ability to receive information from a meeting if the public hearing has been
234 closed would be permissible.
235
236 Renee Price: Usually written comment is allowed.
237
—Z3g -----------------------------------------------------------
239
240 Agenda Item 11: ADJOURNMENT
241
242 MOTION made by Renee Price: Michelle Kempinski: seconded the motion.
243 VOTE: Unanimous
244
245
246 Jay Bryan, Chair
247
248 Tina L. Owen, Minutes Preparer
f. Zoning Ordinance Text and Map Amendments — Proposed Efland- Cheeks
Hi hway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the
Zoning Ordinance pertaining to Impervious Surface Ratio Regulations
The Board considered making text and map amendments to the Zoning Ordinance and
Zoning Atlas regarding a proposed new zoning overlay district — Efland- Cheeks Highway 70
Corridor Overlay District and considered amending impervious surface limits prescribed in
Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back Creek Protected
Watersheds.
Perdita Holtz summarized this item. The map on attachment 2, page 16 shows the
area. This action would allow non - residential uses of a low- impact, small scale commercial and
office nature along certain sections of US 70. In response to some comments at the Quarterly
Public Hearing, Planning staff and the Attorney's Office made some minor revisions. One
substantive change was in regards to the use of chain -link fencing as a permitted fencing
material for new non - residential uses. All of the changes are on pages 6 -12 of the agenda
packet.
Lastly, part of the full proposal is to amend the impervious surface ratio restrictions to
allow up to a 40% impervious surface for non - residential uses in the ten -year transition area in
the Back and Upper Eno Watersheds. At the September Planning Board meeting, the Planning
Board made a recommendation for approval of the amendments, and the recommendation for
tonight is for the Board to adopt the zoning text and atlas amendments.
Commissioner Jacobs made reference to Planning Board comments and said that there
is merit to having a public information meeting. He is concerned that people in this community
do not know that this is happening. He suggested putting up flyers about a public information
meeting. Commissioner Gordon agreed.
Commissioner Gordon said that some people in the area considered for non - residential
are worried about the tax impact of the commercial development.
Perdita Holtz said that she was going to suggest something along the lines of an open
house because she thinks that some people are intimidated to talk in front of a group. She said
that the people most directly affected would be 207 property owners.
Commissioner Gordon suggested notifying the 207 property owners and also putting up
flyers for a public information meeting. The Board agreed that there should be a public
information meeting; therefore there was no motion for approval of the amendments.
g_ Bid Award: Solid Waste Operations Center Construction
The Board considered awarding a bid to LeChase Construction Services, LLC, Durham,
NC in an amount not to exceed $2,168,090 for the construction of the Solid Waste Operations
Center on Eubanks Road, Chapel Hill and authorizing the County Manager to execute and
report to the Board change orders as may be required up to the amount of the project budget.
Purchasing and Central Services Director Pam Jones said that this bid award is for a
9,000- square foot building with offices for the Solid Waste staff, which will include a public
meeting room and will house 75 people. The low bidder is LeChase Construction Services in
Durham. There are sufficient funds to cover this bid. The building should be open in late
summer 2008.
Commissioner Jacobs said that he would like to see an amount go for public art created
with recycled or recovered materials. He made reference to a letter received from Hillsborough
Historical Museum and portraits related to history of Orange County that might fit in the new
courthouse expansion, library, or Heritage Center. He said that, while the County is building all
of these buildings, there should be some element to encourage the arts community in Orange
OdR k - o-00.7 - ��► 3
ORANGE COUNTY
BOARD OF COMMISSIONERS n ��
ORANGE COUNTY PLANNING BOARD !"
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: August 27, 2007
Action Agenda
Item No. C.1
SUBJECT: Zoning Ordinance Text and Map Amendments — Proposed Efland- Cheeks
Highway 70 Corridor Zoning Overlay District and Amendment to Section 6.23.3 of the
Zoning Ordinance pertaining to Impervious Surface Ratio regulations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Proposed Zoning Ordinance text
amendments
2. Map depicting proposed boundaries of
ECOD
3. Notification letter, Q &A document that
was included with notification letter,
and Certificate of Mailing
INFORMATION CONTACT:
Craig Benedict, 245 -2592
Perdita Holtz, 245 -2611
Michael Harvey, 245 -2607
PURPOSE: To consider making text and map amendments to the Zoning Ordinance and
Zoning Atlas regarding a proposed new zoning overlay district - Efland- Cheeks Highway 70
Corridor Overlay District (ECOD) and to consider amending impervious surface limits prescribed
in Section 6.23.3 of the Zoning Ordinance in regards to the Upper Eno and Back Creek
Protected Watersheds.
BACKGROUND: One of the recommendations of the adopted Efland- Mebane Small Area
Plan (EMSAP) is to allow commercial development in certain areas along the Highway 70
corridor and to allow for conversion of some residential structures to office type uses. A Land
Use Element text amendment regarding 10 -Year Transition areas was heard at the May 21,
2007 Quarterly Public Hearing and is on the August 21, 2007 BOCC meeting agenda for
adoption consideration. This Zoning text and map amendment is the next step towards allowing
non - residential uses in specific areas along the Highway 70 corridor. This is a smaller scale
economic development opportunity that is being expanded in appropriate areas.
The typical steps in planning changes are:
1. Small Area Plan Adoption (June 2006) with Recommendations
2. Land Use Element Text Amendments (QPH May 2007)
-3. Land Use Element Map Amendments (n /a in this case)
4. Zoning Text Amendments
5. Zoning Atlas /Map Amendments
6. Petitioner Application
if gmwlu:u,n, P fill min:;7 )i0"d :1:[:1nif /Y "All n'I It :,im1;; Auy; : i;1'Ii I ?t (ll.l'I.l'9)I) Vtl a1),']
The proposed text amendment would add a new Zoning Overlay District to the Zoning
Ordinance. The name of the proposed new Zoning Overlay District is the Efland- Cheeks
Highway 70 Corridor Overlay District (ECOD). The following Sections would be added to the
Zoning Ordinance: Section 4.2.33 and Section 6.25 with appropriate sub - sections.
Additionally, the Zoning Atlas would be amended to delineate the extent of the ECOD on the
County's official zoning maps. There are two (2) specific designations within the proposed
ECOD - the general ECOD area and the pre- designated commercial area. A total of 607 acres
of land are contained within the ECOD boundaries with 148 acres of the total acreage in the
pre- designated commercial area.
Proposed Zoning text changes include adding sections of intent, application criteria, permitted
uses, development standards, access, outside storage limitations, prescribed architectural
standards to preserve community and corridor character, landscaping, signage, and parking.
Amendments are also proposed to Section 6.23.3 of the Zoning Ordinance to increase the
permitted Impervious Surface Ratio (ISR) to 40% for non - residential uses in 10 -year Transition
areas, with structural BMPs if the ISR is greater than 12 %, if the parcel is located in the Upper
Eno or Back Creek Protected Watershed.
Because the proposed amendments affect the Zoning Atlas, notification letters to affected
property owners are required by State statutes and by County Ordinance. A total of 456
notification letters were mailed on August 10, 2007 to property owners of property in the
proposed ECOD and to property owners within 500 -feet of the proposed ECOD boundary.
The proposed amendments are consistent with the recommendations contained in the adopted
EMSAP. The EMSAP Implementation Focus Group (IFG) was involved in drafting the proposed
changes and IFG members have reviewed the proposed amendments. A 2 -page "Q & A"
document that explains the most important details of the proposed ECOD was included with the
property owner notification letters that were mailed and is included as Attachment 3.
FINANCIAL IMPACT: There is no direct financial impact. Staff time has been accounted for in
the departmental budget.
RECOMMENDATION: The Administration recommends that the proposed Zoning Text and
Atlas amendments be referred to the Planning Board for recommendation to be returned to
the County Board of Commissioners for consideration at the October 9, 2007 BOCC regular
meeting.
;•'•!':rHI12d rtr i;•r. 1TI:11"I11, I)I•. 61.,:1' 'era'. 1'td'•II., III "I ni',A u.; ': ;: VH`.I J) I.I rYJ : i'I! fii�l!rh;!
DRAFT for QPH Attachment 1 3
Section 4.2.33 Efland- Cheeks Highway 70 Corridor Overlay District (ECOD):
a) Intent. The Highway 70 Corridor Overlay District is established to provide for
compatibility of uses between existing single - family residential land uses and non-
residential developments along a designated portion of Highway 70 within Cheeks
Township. The Highway 70 corridor covered under this overlay district is part of the
adopted Efland Mebane Small Area Plan which outlines acceptable levels of
development within the study area, including allowing for additional non- residential
development along Highway 70.
These regulations are designed to preserve and enhance the character of the community
while allowing for mixed, but compatible, land uses by permitting logical expansion of
existing non - residential developments throughout the corridor.
It is the intent of this district to encourage land use patterns that will:
1. Protect existing single - family residential land uses,
2. Protect the character of the area,
3. Enhance property values,
4. Maintain the economic viability and carrying capacity of the corridor,
5. Preserve open vistas whenever possible,
6. Encourage small businesses to locate in appropriate areas, and
7. Continue to promote and provide for the general welfare of local citizens and
property owners.
Standards are hereby established to allow for the development of additional non-
residential land uses within the Highway. 70 corridor in order to maintain and enhance the
economic vitality of the area while protecting the less intensive mixture of existing
residential land uses.
b) Applicability. This district is intended for properties adjacent to Highway 70 within
Cheeks Township of Orange County in accordance with the boundaries shown on the
map below and on the Orange County Zoning Atlas.
3
DRAFT for QPH Attachment 1 4
Efland - Cheeks Highway 70 Corridor Overlay District Boundaries
I I..r�11.1 M
0 'jt00
OpIM
c) Application Criteria. The requirements of this Section apply to all non - residential
land uses and developments within the Highway 70 Overlay District except for existing
non - residential land uses located within previously established general commercial or
Existing Commercial Five (EC -5) zoning districts.
d) Location of Non - residential development: Non - residential development within the
Highway 70 Corridor shall be limited to the following:
1. Pre - designated commercial area as indicated on the Orange County Zoning
Atlas, and
2. Along Highway 70
In accordance with the standards contained within this Ordinance.
0
DRAFT for QPH Attachment 1
Section 6.25 Extra Requirements for the Efland- Cheeks Highway 70 Corridor
Overlay District (ECOD)
Section 6.25.1 Permitted Uses
Within the ECOD, uses of land and structures shall be permitted as follows:
1. Non - residential development within the pre - designated commercial area shall
adhere to the permitted and special uses outlined for the Neighborhood
Commercial Two (NC -2) zoning district as contained within Section 4.3 Table of
Permitted Uses of this Ordinance.
2. Non - residential uses within the Highway 70 Corridor Overlay District, shall be
limited to professional office and similar institutional uses (numbers S28 and S29
on the Permitted Use Table found in Section 4.3) and abide by the standards
contained herein.
3. No more than forty percent (40 %) of the Highway 70 corridor outside of the pre -
designated commercial areas shall be permitted for non - residential uses. This
figure shall be calculated by the sum of the street frontage of lots used for non-
residential purposes compared to the total street frontage of all lots on both sides
of the roadway outside of the pre - designated commercial areas along the overlay
district corridor.
Section 6.25.2 Approval Requirements
Within the ECOD, no construction activity shall begin nor shall any conversion of
existing single - family residence to a non - residential land use, excavation, soil removal,
grading or disturbance of vegetation including trees, land disturbing activity associated
with a non - residential land use, be commenced, nor any sign erected until such time as a
site plan has been approved and a permit issued by the Zoning Officer in accordance with
Section 21.4 and in Article 14 of this Ordinance.
Section 6.25.3 Site Plan Requirements
In addition to the requirements outlined within Article Fourteen (14) Site Plan Approval
Procedures, the following additional information shall be required for non - residential
land uses developing within the ECOD:
(a) A development summary including total acres, proposed use(s), total
building square footage, required and proposed parking spaces.
(b) The dimensions and acreage of each lot or portion thereof to be built
upon or otherwise used.
(c) The layout of the entire project including the proposed uses of all
building and their relation to surrounding properties.
DRAFT for QPH Attachment 1 6
(d) The location and dimensions of present and proposed streets and
highways.
(e) The location of points of entry and exit for motor vehicles and internal
vehicular circulation pattern.
(f) All existing and proposed topography at contour intervals of five (5)
feet.
(g) Grading, drainage, sedimentation and erosion control activities.
(h) The location of existing and proposed plantings and screenings.
(i) The location of walls, fences, railings and beams and an indication of
their height and construction materials.
(j) The location and size of all existing and proposed utilities including
water, sewer, gas, and electric lines and structures.
(k) Identification and location of all site improvements including
buildings, streets, water and sewer lines, storm drainage facilities and
any other significant site features.
Section 6.25.4 Non - residential Development Standards:
The following development standards shall apply to all applicable non - residential
development within the pre - designated commercial areas and along the Highway 70
corridor.
1. Minimum Lot Width. The minimum lot width for all lots created after the
effective date of the Highway 70 Overlay District shall be one hundred and
thirty (130) feet, unless the lot is served by public sewer and shared
ingress /egress in which case the minimum lot width shall be seventy -five (75)
feet.
2. Setbacks and Building Height. The setbacks and building heights for all
structures, regardless of the proposed land use, shall conform to the setbacks of
the underlying zoning district. If Building Height Limitation modifications are
pursued in accordance with Section 6.2.1, in no case shall building height
exceed thirty-five (35) feet. Where applicable, the front yard setback shall be
measured from any future right -of -way as designated in the Orange County
Thoroughfare Plan.
3. Floor Area Ratio. The maximum floor area ratio for non - residential uses in the
pre - designated commercial area shall be 0.200 with a maximum building square
footage total of 20,000 square feet. The maximum floor area ratio for non-
residential uses along the Highway 70 Corridor shall be 0.100 with a maximum
building square footage total of 6,000 square feet.
4. Yard encroachments: No fences shall be permitted in the front yard of non -
residential uses unless a demonstrated need can be shown. In no case shall
chain link or similar fencing be permitted in the front yard of residential uses.
N
DRAFT for QPH Attachment 1 7
Chain link or similar fencing shall not be permitted anywhere on the lot of a
non - residential use.
5. Ingress and Egress. The following standards shall regulate ingress and egress
points within the corridor:
a. For purposes of determining the allowable number of ingress and egress
points on any particular lot, all lots recorded at the effective date of this
Ordinance shall be granted at least one (1) ingress and egress point per
road front unless access can be provided through some internal means.
Minimization of the total number of driveways along the Highway 70
corridor is desirable.
b. Entrances: On all comer lots, no vehicular openings shall be located
closer than sixty (60) feet from the point of intersection of the street right -
of -way lines. To manage access on Highway 70, corner lots may be
required to provide ingress and/or egress from the adjacent street.
Entrances /exits shall not exceed thirty-six (36) feet in width measured at
the property line; however, in instances where parking lots serve
tractor /trailer traffic, the driveway entrance /exit may be increased to forty
(40) . feet in width. Exits for parking facilities containing more than thirty -
six (36) parking spaces shall contain holding lanes for left- turning and
right- turning traffic unless the Planning Department determines that due to
the physical features of a site, holding lanes would be unsafe and in
accordance with established traffic mitigation standards, should not be
required.
c. Multiple curb cut requirements: A lot fronting on Highway 70 shall
have a minimum of six hundred (600) feet of road frontage along the street
before two (2) curb cuts are allowed unless the project meets one (1) of the
following criteria:
L Any mixed -use development where two (2) curb cuts are approved
as part of a Special Use Permit or other approval procedures as
prescribed by the Orange County Board of Commissioners.
ii. In instances where multiple non - residential land uses are proposed
with contiguous frontage along Highway 70, within either a new
structure or within a previously existing single- family residence,
the County shall require shared driveway cuts for all land uses.
The County shall require the recordation of reciprocal easement
agreements between the separate property owners allowing for the
development of a service road to channel access from Highway 70
to each property. An example of the shared access is as follows:
7
DRAFT for QPH Attachment 1
0 0 0 0
Highway 70
Non - residential developments shall be required to designate stub
outs to adjoining properties so that this shared access can be
developed if and when the adjacent property is developed for non-
residential purposes or in cases where an individual curb cut for a
residential land use is deemed to be a traffic safety hazard by the
County and NC DOT.
iii. Non - residential developments within the pre - defined commercial
areas of the Highway 70 Corridor are required to develop shared
access points as part of the planning approval process for the
project.
d. The creation of offset driveways and/or intersections is not permitted,
unless no practical alternative exists.
e. All driveway entrances must have an approved NCDOT driveway permit
and must be paved to NCDOT standards from the edge of the existing
roadway pavement to the existing right -of -way limit on the interior of the
property.
6. Outside Storage of Materials. All outside storage of materials on non-
residential lots shall be prohibited. This shall include the storage of goods or
materials which are not an integral part of the use of the property and which are
not obviously for sale. This shall not preclude any situation where the primary
use of the property includes the outside display of goods for sale such as
automobiles, boats, mobile homes, etc.,
7. Architectural Standards:
i. Buildings:
1. Under no circumstances shall modern corporate franchise
building design be permitted. Franchise or `chain'
businesses desiring to locate in the Highway 70 Overlay
8
DRAFT for QPH Attachment 1 9
District shall be required to design the building in
accordance with these guidelines.
2. Drive- through facilities are prohibited on all non - residential
uses.
3. Mirrored glass shall be strictly prohibited.
4. Similar architectural style and orientation should be
observed to compliment surrounding structures
5. Similar building materials should be utilized when
constructing the new structure including exterior finish.
Acceptable materials include: brick, wood, stone, stucco,
marble, and other similar materials
6. Building elevations shall be designed to be architecturally
treated to avoid long, blank building fagades
7. Windows on the street frontage side of a building shall be
limited to forty percent (40 %) of the total building' fagade,
8. The principle, functional doorway for public or direct -entry
access into a building should be from the fronting street.
Corner entrances should be provided on corner lot
buildings. This standard does not preclude the ability to
provide additional entrances to a building,
9. Decorative cornices shall be provided for buildings with a
flat roof, defined as roofs with a pitch less than 3:12.
Alternatively, eaves should be provided with a pitched roof,
defined as roofs with a pitch greater than 3:12. Pitched
roofs are generally preferred over flat roofs,
10. All rooftop mechanical equipment (i.e. vents, ducts,
communication antennas, HVAC units, etc) shall be
screened from view or designed and installed in a manner
using materials and colors compatible with the building
architecture.,
11. Highly reflective roofing materials shall be avoided. All
proposed metal roofing should be standing seam or copper.
Galvanized steel and tin roofs are permitted.
Additional Architectural Standards for existing single - family
structures being converted into non - residential use:
1. The exterior fagade of an existing single- family residence
proposed for conversion into non - residential use shall not
be altered to accommodate new non - residential land uses
except where modifications are necessary to address
building or fire code requirements,
6
DRAFT for QPH Attachment 1 10
2. Any structures proposed for removal shall either be
moved to another location for re -use or be deconstructed
in such a manner that the resultant materials are suitable
for re -use in building projects.
ii. Site Design for all construction /renovation:
1. Non - residential developments are required to
maintain/control the first half-inch of stormwater runoff
on site, or off -site with a binding agreement.
iii. Landscaping and Buffering:
1. In lieu of the requirements outlined in Article 12 regarding
the width of Landscaped Buffers, there shall be a minimum
ten (10) foot vegetative buffer along all rights -of -ways
comprised of vegetation that compliment surrounding
plantings and which includes trees planted in accordance
with Section 12.4.1 where possible.
2. In lieu of the requirements outlined in Article 12 regarding
the width of Landscaped Buffers, there shall be a minimum
fifteen (15) foot vegetative buffer along all common
property lines separating non - residential and residential
land uses. The required plantings shall be in accordance
with those required for Buffer Yards Type A outlined
within Article Twelve (12) of the Zoning Ordinance. There
shall be a minimum eight (8) foot landscaped strip along all
property lines separating non - residential uses from non-
residential uses. The landscaped strip shall be comprised of
vegetation that forms a semi - opaque intermittent visual
obstruction from the ground to a height of at least fifteen
(15) feet. Joint use agreements between adjacent property
owners for shared ingress /egress and/or parldng may result
in a waiver regarding the exact location(s) of the required
buffers.
3. The entire area surrounding the foundation of the new
building shall be landscaped in scale with adjacent
structures,
iv. Signage
1. Signage for non - residential uses shall conform to all
requirements within Article Nine (9) of the Zoning
Ordinance except that monument style signs that do not
exceed six (6) feet in height shall be required within the
10
DRAFT for QPH Attachment 1 11
Highway 70 Zoning Overlay District. Pole signs shall not
be permitted.
v. Site Design and Layout for all construction /renovation:
1. The natural topography of the property shall be preserved to
the greatest extent possible to avoid stormwater runoff onto
adjacent properties,
2. Any and all existing natural features (i.e. streams, ponds,
hillsides, unique vegetation, mature trees, etc) shall be
protected and preserved through the site planning and
development process,
3. The siting of buildings shall be done to preserve to the greatest
extent possible scenic views /vistas.
vi. Parking Lot Design:
1. Required parking shall be located at the side or rear of the
structure,
2.. Shared parking areas shall be encouraged for contiguous non-
residential land uses as defined within Article Ten (10) of the
Zoning Ordinance,
3. Provision of parking areas in excess of ten percent (10 %) of the
minimum parking requirements within Article Ten (10) shall
not be permitted,
4. Interior landscaping of the parking lots shall be provided as
outlined within Article Twelve (12) of the Zoning Ordinance.
11
(Excerpt of Section 6.23.3)
Non - Residential Development
Attachment 1 12
Amended 1/4/94; 10/19/99;
8/21/01
DISTRICT
IMPERVIOUS SURFACE /DETENTION POND REQUIREMENTS
(NON - RESIDENTIAL)
UNIV -CA
Same as Residential (See previous Table)
UNIV -PW
CANE -CA
5 -acre minimum lot size, with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
U- ENO -CA
2 -acre minimum lot size
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
CANE -PW
5 -acre minimum lot size with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10- 19 -99);
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non- residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres
in CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
LITTLE -PW
2 -acre minimum lot size
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non - residential use (139 acres
in CANE -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
omr s as manaaiea by the ozormwater management Program Tor rands wimm the Neuse River Basin are allowed.
(Excerpt of Section 6.23.3)
Attachment 1 13
U- ENO -PW
70%
BACK -PW
ISR in Commercial and /or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan (high- density
option) with structural BMPs if ISR > 12 %;
AND
50% ISR for all fire stations and solid waste collection centers
outside of Commercial and /or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan, with structural
BMPs if ISR > 12 %;
AND
40% ISR for all non - residential uses in '10-year Transition areas as
designated in the Land Use Element of the Comprehensive
Plan
with structural BMPs if ISR > 12 %•
AND
12% ISR for all other non - residential uses outside of Commercial
and /or Industrial Nodes as designated in the Land Use Element of
the Comprehensive Plan (* BMPs cannot be used to satisfy
watershed impervious surface requirements);
AND
on -site infiltration of the first inch of stormwater runoff;
AND
A limit of 1,151 acres of non - residential use throughout U- ENO -PW
(5.0 %) and 163 acres throughout BACK -PW (I%).
HYCO -PW
50% ISR for all'fire stations and solid waste collection centers;
FLAT -PW
AND
12% ISR for all other non - residential uses;
AND
on -site infiltration of the first inch of stormwater runoff;
AND
a limit of 1% of the watershed for non - residential use (37 acres in
HYCO -PW, 66 acres in FLAT -PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
L- ENO -PW
70% impervious surface, with structural BMPs required when
impervious surface exceeds:
24% (w/ curb and gutter); or
36% w/o curb and gutter).
HAW -PW
24% impervious surface limit.
JORDAN -PW
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
11
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Attachment 3 15
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
eoyatP a! ®'
Administration b�. °'; 306F Revere Road
(919) 245 -2575 ,! P O Box 8181
(919) 644 -3002 (FAX) �,° Hillsborough,
www.co.orange.nc.us North Carolina, 27278
NOTICE OF PROPOSED ZONING ACTION
August 10, 2007
Dear Property Owner,
This notice is being sent to you because property you own is either proposed for inclusion into a
new Zoning Overlay District (the Efland- Cheeks Overlay District) or you own property within
500 feet of the boundary of the proposed Zoning Overlay District. The map on the reverse side
of this letter shows the boundary of the proposed new Zoning Overlay District.
The Orange County Board of Commissioners and the Orange County Planning. Board will hold a
joint public hearing on August 27, 2007 at 7:30 p.m. in the Judge F. Gordon Battle Courtroom
of the new Orange County Courthouse (106 E. Margaret Lane, Hillsborough). The purpose of
the public hearing is for the Board of County Commissioners (BOCC) and the Planning Board to
hear comments from the general public, affected parties, and staff on this and other proposals. A
decision on the proposed Zoning Overlay District will made by the BOCC at a later date at a
regular BOCC meeting after the BOCC receives the Planning Board's recommendation on the
proposal.
The enclosed materials explain the proposed Efland- Cheeks Overlay District. The complete text
of the proposed Efland- Cheeks Overlay District can be viewed on the Planning Department's
webpage at: http: / /www.co.oran e� nc.us /planning /index.asp (in the Current Interest Projects
section). The proposed text is also available in the Planning Department offices (306 -F Revere
Road, Hillsborough) during regular business hours (8:00 a.m. to 5:00 p.m., Monday through
Friday). This proposal is one of the implementation measures of the Efland -Mebane Small Area
Plan which was adopted by the BOCC on June 27, 2006 after 18 months of work by an
appointed Task Force comprised of community members and other interested parties.
If you have any questions or need additional information, you may contact Perdita Holtz, Special
Projects Planner, at (919) 245 -2611 or via e-mail at pholtzQco.oran e.nc.us or Michael Harvey,
Zoning Enforcement Officer at 245 -2607 or via e-mail at mharvey(a co.orange.nc.us.
Sincerely,
(o /s Craig N. Benedict)
Craig N. Benedict, AICP
Planning Director
Attachment 3 16
Efland - Cheeks Highway 70 Corridor Overlay District (ECOD)
The following provides information to frequently asked questions regarding the proposed
Efland- Cheeks Highway 70 Corridor Overlay District (ECOD).
What is being proposed?
A new zoning overlay district is being proposed that would apply to a specific area along
Highway 70 between Efland and Mebane (see map for specific boundaries). There are
two categories within the ECOD — a "pre- designated commercial area" and a general area
that is within the boundaries of the ECOD.
Within the "pre- designated commercial area," a variety of commercial uses could be
possible. Outside of the "pre- designated commercial area" but within the ECOD, non-
residential uses would be limited to professional offices and similar low- impact uses.
How does a zoning overlay district work?
A zoning overlay district is essentially a special set of regulations that supplement the
base zoning district regulations in a specific geographic area. The special regulations can
be either more permissive or more restrictive than the base zoning district regulations,
depending on what intended outcome is being sought. The base zoning district does not
change; properties that are currently being used in conformance with their base zoning
district can continue to be used as they currently are and do not become "non- conforming
uses." The zoning overlay district regulations are applied only when a property owner
wishes to apply for a permit to use their property in a way that is allowed by the zoning
overlay regulations.
What kind of uses will be allowed in the ECOD?
In the proposed "pre- designated commercial area," the uses allowed would be those that
are classified as "Neighborhood Commercial" in the County's zoning ordinance.
Examples of Neighborhood Commercial uses are low- to medium- impact commercial
uses such as banks, beauty shops, dry cleaners, professional offices, and restaurants
(although drive -thru restaurants are not included).
In the ECOD areas outside of the "pre- designated commercial area," the only non-
residential uses allowed would be offices and professional services that attract either few
or a moderate number of customers and traffic volumes and that have no adverse impacts
beyond the lot boundaries. Additionally, non - residential uses would be capped at no
more than 40% of the Highway 70 corridor outside of the "pre- designated commercial
area."
Attachment 3 17
How will property adjacent to non - residential uses,be protected?
The requirement of the ECOD endeavor to minimize or eliminate impacts non - residential
uses may have on adjacent properties. For example, non - residential uses will be required
to provide vegetated buffers at the perimeter of the lot; along the Highway 70 corridor .
outside of the pre - designated commercial area, no more than 40% of the corridor will be
permitted for non - residential uses; development standards for non - residential uses have
been proposed which include: floor area ratio restrictions (floor area ratio is a ratio
between the maximum building square footage and the size of the lot), restrictions on
fencing and the use of chain link fencing, the number of ingress and egress points
permitted with requirements that should eventually decrease the number of access points
on Highway 70 through the use of service roads, restrictions on signage and parking, and
a variety of architectural design standards for non - residential buildings that seek to
enhance the built environment along the corridor.
Attachment 3 18
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration , � 306E Revere Road
(919) 245 -2575 P O Box 8181
(919) 644 -3002 (FAX) �� Hillsborough,
www.co.orange.nc.us " °<<6 North Carolina, 27278
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Craig N. Benedict, Zoning Officer, Orange County, North Carolina, DO HEREBY
CERTIFY that I have mailed, or have had mailed, by first class mail, postage affixed, a
Notice of the Public Hearing to be held on the proposed Zoning Atlas Amendment
regarding the proposed Efland- Cheeks Highway 70 Corridor Overlay District (ECOD) to
each property owner, as listed on the Tax Records, as required by Article 20, Section
6.3 of the Orange County Zoning Ordinance.
The mailed notice specified the date, time, place, and subject of the Public Hearing.
WITNESS my hand, this 10th day of August 2007.
(o /s Craig N. Benedict)
Craig N. Benedict, AICP
Planning Director
APPROVED 9/19/2007 Iq
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
August 27, 2007
7:30 p.m.
The Orange County Board- of Commissioners and the Orange County Planning Board met for
Quarterly Public Hearing on Monday, August 27, 2007 at 7:30 p.m. in the F. Gordon Battle
Courtroom in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners
Valerie Foushee, Alice M. Gordon, and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Mike Nelson
COUNTY ATTORNEY PRESENT Brian Ferrell
COUNTY STAFF PRESENT: County Manager Laura Blackmon, and Deputy Clerk to the
Board David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Jay Bryan and Members Craufurd'
Goodwin, Sam Lasris, Renee Price, Judith Wegner, Joel Knight, Michelle Kempinski, and
Bernadette Pelissier
PLANNING BOARD MEMBERS ABSENT: Sandra Johnson - Quinn, Jeffrey Schmitt,
Brian Crawford
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE
A. OPENING REMARKS FROM THE CHAIR
Chair Carey ° called` the meeting to order at 7 :35 p.m
He announced that there would be no staff presentation on item 3, Conditional Uses,
because the staff is not prepared to make this presentation yet. He invited anyone from the
public to go ahead and make comments on this item, if they still wanted to.
B. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
C. PUBLIC HEARING ITEMS
1. E €[and - Cheeks Overlay District: Text and map amendments to the Orange County
Zoning Ordinance and Zoning Atlas to add a new zoning overlay district entitled " Efland-
Cheeks Highway 70 Corridor Overlay District (ECOD)" and requirements for said district.
These proposed actions are measures to implement some of the recommendations in
the adopted Efland - Mebane Small Area Plan.
Orange County Planning Board Chair Jay Bryan presided over this item.
Planner with Orange County Planning Department Perdita Holtz (staff member) made,
this PowerPoint;,presentation_ She said that notification letters were mailed to affected and
nearby property owners as required under State law and the local ordinance. A total r of 456
letters were sent out on August 10th, advising property owners of the proposal and public
hearing date. The letter of certificate of the mailing are included in the agenda packet.
Proposed Efland- Cheeks
Highway 70 Corridor Overlay
District (,ECOD)
Proposed ECOD
• Implements one of the recommendations of the adopted Efland- Mebane Small Area
Plan.
o Allow a mix of uses along the Highway 70 corridor while ensuring new non-
residential uses are low- impact.
Typical Steps for Planning Changes
1. Small Area Plan Adoption with Recommendations
(adopted June 2006)
2. Land Use Element Text Amendments
(adopted August 21)
3. Land Use Element Map Amendments
(not applicable, in this case)
4. Zoning Text Amendments
(this proposal)
5. Zoning Atlas (map) Amendments
(this proposal)
6. Petitioner Application
(processed after Implementing Regulations are adopted)
Proposed ECOD
• Zoning Overlay District
o Existing underlying zoning does not change — property owners in the ECOD area
can continue to use their properties as they are now being used. Any existing
non - conforming uses remain non - conforming.
o The ECOD regulations are applied only if a property (or his /her agent) petitions to
be able to use their property in accordance with the ECOD.
• Delineate extend of ECOD on Zoning Atlas
• Add 2 Sections to the Zoning Ordinance to regulate the ECOD''
• Amend Impervious Surface Limits (ISR)in Section 6.23.3 to increase permitted ISR for
non - residential -uses in 10 -Year Transition areas within the Upper Eno or Back Creek
Protected watersheds.
Add Section 4.2.33'
Statement of Intent
1. Protect existing single- family residential land uses,
2. Protect character of the area,
3. Enhance property values,
4. Maintain the economic viability and carrying capacity of the corridor,
5. Preserve open vistas whenever possible,
6. Encourage small businesses to locate in appropriate areas, and
7. Continue to promote and provide for the general welfare of " local '- citizens and property
owners.
Add Section 4.2.33
• Applicability
• Application Criteria
• Location of non- residential development
Add Section 6.25'
Permitted Uses
• Neighborhood Commercial 2 (NC -2) permitted and special uses allowed in the pre
designated commercial area
• Non - residential uses within the Overlay District but outside of the pre-designated
commercial area are limited to professional office and similar institutional uses
o No more than 40% of the corridor outside of the pre - designated commercial area
shall be permitted for non- residential use
Add Section 6.25;
• Approval`` Requirements
• Site Plan Requirements
• Non- residential Development Standards
o Minimum Lot Width
o Setbacks and Building Height
o Floor Area Ration and Maximum Building Square Footage
o Yard Encroachments
o Ingress and Egress
Add Section 6:25
• Outside Storage of Materials
• Architectural Standards
• Restriction of modern corporate franchise building design and drive - through
facilities
• Building materials to consist of brick, wood, stone, stucco, marble, and other
similar materials
• Conversion of existing single- family structure to a non- residential use permitted
but exterior fagade shall not be altered
• Promote re -use of buildings elsewhere or deconstruction
Add Section 6.25
• Stormwater retention requirements
• Landscaping and buffering
• Signage
o Monument style signs
o Cannot exceed 6 feet in height
Add Section 6.25
• Site Design and Layout
• Parking Lot Design
o Parking at side or rear of building
• Shared parking
• Maximum parking
• Interior Landscaping of parking lots
Amend Section 6.23.3
Portion of Impervious Surface Ration (ISR) Chart Pertaining to Non - Residential uses in the
Upper Eno and Back Creek Protected Watersheds:
Allow up to a 40% ISR for all non - residential uses in 10 -Year Transition areas with
structural BMPs (Best Management Practices) if ISR > 12 %.
Recommendations
• Hear any public comments tonight
• Refer the proposal to the Planning Board for a recommendation to be returned to the
BOCC for consideration at the October 9, 2007 regular meeting.
Perdita Holtz pointed out that three members of the Efland - Mebane Small Area Plan Task
Force, were in attendance — Robin Taylor-Hall, Tom Allison, and Noah Ra +nells.
Commissioner Gordon made reference to page 5, number 3, and asked how it is decided
which 40% along Hwy 70 is permitted for non - residential uses. Perdita Holtz explained that it is
calculated on a first come, first served basis. Commissioner` Gordon said that there could be a
checkerboard effect. Residential and non- residential uses might be located in manner that
could potentially have a negative impact on the residential uses.
Commissioner Jacobs said that he also served on this task force. He made reference to
pages 6 -7 and asked why chain link fence would not be permitted on the lot of =a non - residential
use. For example, any kennel or a commercial; swimming pool would have to have one of
these. Perdita Holtz said that kennels were not a permitted use, but she would have to check
on the swimming pool
Commissioner Jacobs said that he questions that this is overly restrictive for a commercial
use. He made reference to ,page 7, Ingress and Egress, item 'a', and read, "shall be granted at
least one ingress and egress point per road front unless access can be provided through some
internal means." He said that there are other places in the text where joint driveways are
promoted. He suggested also saying, "or by means of a shared driveway." Perdita Holtz said
that the reason it is stated this way is so that people understand that they are granted one
driveway, but sharing is encouraged.
Commissioner Jacobs made reference to page 9 and pointed out that some items have
punctuation at the end and some do not. He also asked why mirrored glass was prohibited.
Perdita Holtz said that the thought was that it was not in keeping with the general community
character.
Commissioner Jacobs asked about number 7 on page 9 and why the windows on the
frontage side of buildings would be limited: to 40% of the total building fagade. Perdita Holtz
said that she would look at this. He suggested adding, "no more than 40% of the total building
fagade, unless demonstratively related to the purpose of the business."
Commissioner Jacobs said that he does not understand number 8 on page 9, and why
people would be precluded from having an entrance on the side,. Perdita Holtz said that it has
to do with urban design principles and making it look like the building is oriented to the main
roadway instead of sideways on the lot. Commissioner Jacobs said that there might be a better
way to ,phrase it.
Sam Lasris asked if there was a distinction between commercial and non- residential.
Perdita Holtz said that the only place she refers to commercial was in saying that the zoning
district was Neighborhood Commercial -2 which is the official title. The reason that she uses the
term non- residential is because a lot of people think that commercial means retail. She wants to
make sure that people understand that it could be retail or office.
Renee Price made reference to page 3 and the statement "enhance property values." She
is concerned that this would increase taxes for these property values, making them
unaffordable. Perdita Holtz said that property values are based on property appraisals, which
depend on how much the property has sold for in the surrounding areas.
Renee Price made reference to page 13 and the additional language that is underlined and
asked about the designation of 10-Year Transition Area. Perdita Holtz said that it is defined as
a 10 -Year Transition Area because it is based on the land use categories, and this would be
consistent.
Commissioner Gordon asked that the Planning Board think about the way this will work, in
practice. She said that this 40% issue introduces uncertainty in the process and residents will
not know what is coming next to them. She is concerned about the effect on residents living
close to the non - residential areas.
Public Comment:
Anthony Corbett lives on 104 Frasier Road in Mebane. He said that he received the map in
the mail, but it was not specific and did not identify his property. He would like an answer to
this. Perdita Holtz said that she could not answer this with certainty since the PIN numbers are
not on the map. She will get back to Mr. Corbett.
Anthony Corbett said that he is also concerned about how this will affect him specifically, in
terms of him being in a pre - designated commercial area.
Thomas Hebert has a business on 6815 US 70 West. He asked if this would be
grandfathered in and Perdita Holtz said that any existing business gets to remain as is...
Judy McAdoo Taylor lives on 122 Richmond Road. She asked how much the ECOD would
affect this portion. She said that there is a lot of traffic here with the activities of the school and
park. She cannot see a lot of commercial activity coming into this area, unless it is right on US
70, which will bring in more traffic. She said that she is having problems with the activities at the
school, because people turnaround in her driveway. She has put up a fence, which was
knocked down and she also put a sign, which is now gone. Perdita Holtz said that one of the
intents is to try to have the non - residential uses coming in to be low - impact traffic generators.
The development review process includes traffic analyses.
Jay Bryan said that there would be more opportunities for public hearings.
Commissioner Jacobs said that he got a call today from a gentleman who thought there was
already too much business in the western part of the County. This gentleman will write to the
County Commissioners anonymously.
Commissioner_ Jacobs thanked the people who worked on this group, who worked really
hard to try and balance some demand for converting homes to businesses, and some of the
undeveloped lots that have the potential to take advantage of the proximity of US 70 and the
interstate, with the very strong desire to preserve the neighborhoods. He said that there are
prohibitions against things like franchised architecture, or even things that are very large,
because all wanted to maintain a very nice part of Orange County.
Perdita Holtz said that she failed to mention that Michelle Kempinski was a member of the
task force also.
A motion was made by Commissioner`Foushee, seconded by Commissioner Gordon to refer
the proposed Zoning Text and Atlas amendments to the Planning Board for a recommendation
to be returned to the County Board of Commissioners at the October 9, 2007 BOCC regular
meeting.
VOTE UNANIMOUS