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HomeMy WebLinkAboutAgenda - 11-23-1998 - C2 (d)1~7 ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 23. 1998 Agenda Abstract Item # C 2 (d~ SUBJECT: ZONING ATLAS AMENDMENT Z-04-98 James and Patricia LaTorre DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: Staff Findings Application Vicinity Map Agency Comments Certificate of Mailing Public Hearing Notice INFORMATION CONTACT: Karen Lincoln, Extension 2583 PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To receive evidence and public comment on the proposed rezoning from Primary Economic Development to Secondary Economic Development of a 19.96 acre lot located in the I-85/Buckhorn Road Economic Development Activity Node, and identified on Tax Map 44, Cheeks Township, as parcel 2A. BACKGROUND: The subject property is owned by James and Patricia LaTorre and is located on the north side of West Ten Road approximately 0.5 mile west of Bushy Cook Road (SR 1137) and approximately 1.25 miles east of Buckhorn Road (SR 1114). The applicants purchased the property in August, 1994, as an existing "U- Pick" Berry Farm. The applicants' written statement, submitted as part of the application, indicates that the applicants have tried to market the subject property for commercial development and cannot find any interested clients because of the lack of public infrastructure (water and sewer) needed to attract large industrial or commercial enterprises. The applicants are requesting Secondary Development Area designation for the subject property. t , j'~ Secondary Development Areas are intended to provide a "step-down" or land use buffer between Primary Development Areas and residentially zoned or developed properties. A limited number of residential and office uses are allowed within Secondary Development Areas. Where residential development is contemplated, moderate densities ranging from two to four dwelling units per acre are permitted. Adjacent properties to the west, north and east are within the I-85/Buckhorn Road EDD; properties south of West Ten Road are in the R-1 Rural Residential Zoning District; the entire area is within the U-ENO-PW Upper Eno Protected Watershed Overlay District. A Major Transportation Corridor (MTC) Overlay District extends southward 1,250 feet from I-40 & I- 85 right-of-way and covers the northern third of the subject property. Use of land within the MTC Overlay District for single family and two-family dwellings is not subject to the provisions, requirements and restrictions of that overlay district. There is one residential structure on the subject property. Adjacent properties to the west, south and east also contain residential structures. Areas along West Ten Road farther to the east are predominantly wooded; areas farther to the west are wooded and interspersed with residential uses; areas south of West Ten Road contain cleared and wooded land interspersed with residential uses. As documented in The Orange County Economic Development Districts Design Manual (Part Two, 2.2 Permitted Uses) residential uses (single- family, two-family, and multi-family dwellings in designated locations and subject to design standards, and mobile homes for replacement of existing mobile home and for temporary occupancy during construction of a permanent residential unit) are the only uses allowed, subject to County staff review and approval of development plans, within Secondary Development Areas in the I-85/Buckhorn Road EDD that are not allowed in Primary Development Areas in that district. However, the I-85/Buckhorn Road EDD was approved as a Primary Area for economic development and contains no Secondary Development Areas. The Orange County Board of County Commissioners adopted the I-85 and Buckhorn Road Economic Development District north of I-85 in March, 1994. In August, 1996, the Board approved the expansion of that district, as strictly a Primary Development Area, to include a 586-acre area bounded by Buckhorn Road to the west, West Ten Road to the south, the boundary of the Upper Eno Critical Area to the east, and I-85 to the north excluding Cleanriew Subdivision and an adjacent mobile home park. Prior 1 ~ ,~ to August, 1996, the subject property had been zoned R-1 Rural Residential, U-ENO-PW Upper Eno Protected Watershed. Prior to the expansion of the Buckhorn EDD, community meetings were held to discuss the possible expansion of that district. Some of the citizens supported the expansion of the EDD and the rezoning of their properties. Some of the citizens did not want to see any change to the residential character of the area. Others were not opposed to non-residential development, but wanted some assurance that they would not lose the potential to develop their properties for residential purposes if it would be a long time before non-residential development would happen. Many citizens expressed the belief that the County should extend water and sewer services to the area in order to attract business (if the area were rezoned for that purpose). Minutes of the May 28, 1996, public hearing regarding the expansion of the Buckhorn Road Economic Development District include the following observations. Mary Willis, Planner III, responded that allowing residential development of any large tract would defeat the purpose of the district. Ted Abernathy, Economic Development Director, stated that development will probably not happen in this area for another ten years or more but the proposed rezoning would safeguard the proposed expansion of the Economic Development District by restricting subdivisions. Mr. Abernathy also stated that during the comprehensive planning process, "it was decided that some land needed to be set aside for non-residential uses" and this area was chosen because of its location near an interstate and in close proximity to water and sewer facilities. Planning Board member S.A.M. Brooks commented that she supported comprehensive planning and that the only reason there is not industrial growth in this area is because water and sewer are not available and she urged the County to pursue providing those services. Commissioner Willhoit stated that the County has limited land designated for commercial and industrial purposes and this is a strategic location along an interstate; that residential development can preempt long-range planning because residential development can go in without public water and sewer; that he supported moving ahead with extending the Efland sewer line to this area. It was also pointed out that extending the Efland sewer system would not be economically feasible under the existing conditions because the fees would not provide enough monies to expand the system. Two citizens spoke at the public hearing. Owen Allison spoke in support of the expansion of the Economic Development District. David Permar asked that the area where his Amoco Station is located be excluded because of the impact the EDD standards would have on any renovations or expansions to the existing business. He supported an Economic Development District but not for 1~~~ businesses like motels and restaurants and suggested that more area close to the interchange be excluded from the EDD. The County Engineer has verified that there are no specific plans at this time for the construction or provision of water or sewer utilities to the EDD and that such an extension is not likely to take place without the certainty that some business enterprise(s) is/are going to locate in the EDD. He commented that it is not clear, at this time, which utility provider would be extending utilities to the area or how the costs of such an extension would be paid. The Orange County Sheriffs Department commented that the Sheriffs Department presently provides patrol services to the area and that office sees no need for an increase in personnel or equipment to continue that service (if the property is rezoned). On November 12, 1998, the Economic Development Commission voted unanimously to recommend that the rezoning be denied. Members expressed concern that allowing further residential development in the EDD would erode the integrity of the area making it less desirable for industrial and commercial development. One of the location criteria used in selecting the expanded area was that there were relatively few residences within the area (17 within the 586 acres). That commission also noted that it supports extending utilities to the Buckhorn EDD to attract light industrial and commercial development. RECOMMENDATION: Article 20.3.3 of the Orange County Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. The 30-day period may be extended to 60 days with the written consent of the applicant. The public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. Zoning Officer Recommendation The Zoning Officer recommends denial of the application to rezone 19.96 acres in the I-85/Buckhorn Road Economic Development District to Secondary Development based on the potential of uses allowed in Secondary Development Areas decreasing the desirability for the intended Primary Economic Development uses supported by the Land Use Element of the Orange County Comprehensive Plan. The Land Use Plan, as amended August, 1996, provides for only Primary Development Areas within the Buckhorn Road Economic Development District. 161 No decision on the application is made by either the Planning Board or Board of County Commissioners at the public hearing. The Planning Board has 60 days in which to prepare and submit a recommendation to the Board of County Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered as a favorable recommendation without conditions. Administration Recommendation The Administration recommends that the proposed Zoning Atlas amendment be referred to the Planning Board for a recommendation to be returned no sooner than February 2, 1999. l~ti 1 E;.~ BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS AS REQUIRED BY THE ORANGE COUNTY ZONING ORD/ NANCE: The application must comply with all requirements specified in ARTICLE 20 -SPECIFIC STANDARDS FOR EVALUATION/REZONING. Those requirements include: ("Yes" indicates compliance "No" indicates non- compliance) PLANNING STAFF EVIDENCE SUBMITTED TO PLANNING BOARD FINDINGS BASED SUPPORT FINDINGS RECOMMENDED ON SUBMITTED FINDINGS APPLICATION 20.3.2a) Map showing As part of the application, the Yes No affected property at a scale of applicants have submitted a not less than 1"=100' nor " ' plat of the subject property at more than 1 =20 . X Yes No 1"=100' scale. 20.3.2a) Legal description of As part of the application, the Yes No property. X Yes No applicants have submitted a legal description of the subject property. 20.3.2 c) Explanation of The application does not allege Yes No alleged error, if any, to be that there is an error in the corrected by proposed Zoning Atlas. (The application amendment. Yes X No does state that the 1996 Zoning Atlas Amendment was "too harsh without a plan for city water S sewage.) 20.3.2d) Changed conditions, The application makes no Yes No if any, which make mention of changing conditions amendment reasonably within the area. necessary to promote public health, safety and general welfare. Yes X No 20.3.2e) Manner in which The application does not Yes No proposed amendment will demonstrate that the proposed carry out purpose and intent amendment will carry out the of adopted Comprehensive intent of the adopted Plan Yes X No Comprehensive Plan. The intent of the adopted Comprehensive Plan is to create an industrial park setting at this location to accommodate a full range of light industrial, distribution, retail, office and service uses. 1 ~.# ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ~~~~~ ~ ~~ , • i Y y MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: NOVEMBER 13, 1998 SUBJECT: Z-04-98 JAMES AND PATRICIA LATORRE GENERAL INFORMATION Applicant: James & Patricia LaTorre 4812 Timberwood Trail Efland, North Carolina 27243 Location: North side of West Ten Road, approximately 0.5 mile west of Bushy Cook Road (SR 1137) and approximately 1.25 miles east of Buckhom Road (SR 1114), Cheeks Township. Lot size: 19.96 acres Existing Land Use: One (1) residential structure, remainder is undeveloped. Much of the land has been cleared for agricultural purposes. Surrounding Land Use: North: EDD, Undeveloped. South: R-1, Residential Uses. 1 ~.,~ East: Predominantly undeveloped woodland with few residential uses. West: EDD, Undeveloped woodland, scattered residential uses. 1 ~~ ti MEMORANDUM Z-04-98 JAMES AND PATRICIA LATORRE NOVEMBER 13, 1998 Comprehensive Plan land Use Designation: Economic Development Zoning: I-85/Buckhom Road Economic Development District, Primary Development Area. The intent of Secondary Development, as provided in the Orange County Economic Development Districts Design Manual, Part Two, Chapter 2.1 Development Areas, is to provide a "step-down" or land use buffer between Primary I and II Development Areas and residentially zoned or developed properties. Within these areas, only a Limited number of residential and office uses are allowed Where residential development is contemplated, moderate densities ranging from two to four dwelling units per acre are permitted. The Orange County Economic Development Districts Design Manual, Part Two, Chapter 2.2, Permitted Uses, lists the following permitted uses in Secondary Development Areas: Dwelling, single-family (Only in designated locations and subject to design standards) Dwelling, two-family (Only in designated locations and subject to design standards) Dwelling, multi-family (Only in designated locations and subject to design standards) Temporary mobile home (For occupancy during construction of permanent residential unit and for 30 days after issuance of Certificate of Occupancy) Rail/bus passenger shelter Water and sanitary sewer pumping stations Churches Governmental protective services (Police and fire stations, rescue squads and volunteer fire departments) Parks, public and non-profit Governmental facilities and office buildings (Including solid waste collection centers) Accessory uses 1 F,' •MEMORANDUM Z-04-98 JAMES AND PATRICIA LATORRE NOVEMBER 13, 1998 The following uses are allowed with a Class B Special Use Permit: Temporary mobile home (For custodial care) Elevated water storage tank (Permitted as accessory use without a Special Use Permit) Day care facility Large day care home The following uses are allowed with a Class A Special Use Permit: Public utility stations and sub-stations, switching stations, and telephone exchanges Banks, savings and loans, and credit unions (within a planned development) Credit agencies and institutions (within a planned development) Security and commodity brokers, and investment offices (within a planned development) Insurance carriers and agents (within a planned development) Real estate agents and brokers (within a planned development) Community Center Schools, elementary, middle and high (within a planned development) Beauty and barber shops (within a planned development) Clubs and lodges and social, fraternal and union clubhouses (within a planned development) Health services, including doctors and dentists offices and medical and dental\laboratories (within a planned development) Laundry, dry cleaning and shoe repair services (within a planned development) Libraries (within a planned development) Art/photographic studios (within a planned development) Recreational facilities (non-profit) (within a planned development) Recreational facilities (for profit) (within a planned development) Repair service, electronic and appliance (within a planned development) Other offices and personal services; e.g., attorneys, watch and jewelry repair, computer programming and data processing, employment and travel agencies, advertising agencies, and accounting, engineering, architectural and surveying offices (within a planned development) Historic buildings for non-residential mixed use 1~~ , ORANGE COUNTY, NORTH CAROLINA Y ~,~~ APPLICATION FOR CHANGE OF ZONING DISTRICT Date : S~~" ~..`~~ 199g" TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested. 1 . The property is Located on the Or'f'h side f S R ~ ~'~~ o . ,t ~ esT /~ Street/Road) between S.R.# 13 d S R .# 11l__. It is n Nn as Letts) = Block en , Orange' Count Tax Me ~- Lhee:~!'s y P To hi I of wns p. t has a of % 1. feet and a de th f frontage p o ,__fHet, and ~ y"d'- square feet or 9• T contains acres. 2. Tt is desired artd requested that the fore~oing property be fro C ' 't ~ ~ rezoned m .' o7o~- c !r! ~Mant t• T Ec~ wH,c ~ d - sef..e.,,ro,~ • •3~.- The ...following information has bean _attached ..in support of the application far changing the Zoning Atlas (* - ~reguired on alC . ~ app li cations] . •a. A laity dlmenaioned sap~st s seals of net lass than ens Ity lnah _ '•• • aqua la ono-hundred (iQt21 test nor •ors than ono fij tneh aqusla twsrtty t 2tJy asst" ahowt~rg'•-rths lsrtd ~ whi ah is propassd ea be rezoned. 'b. A lsgal dasertptian of the land proposed to bs rezoned. 'c, A statasTSnt of Justittestion addressing ens ar mars at the following: (il The alleged srrar 1n the Zoning ordinanes, 1t any, which would Ds oarrsatsd by the prapoasd awendmsnt with a detailed •~ explanation of suoh srrar to the Zoning Atlas snd dstailsd reasana ha ^ the propassd seendnent will earreet the error. (2l The ehartgsd ar ehenging eonditlons, tt an7, in the ayes or in the Count? genarwllr, which ^aks the prcpnsed awsndesnt rwasonsblT nseasaarr to the proeatton of the puhlle health, total? and ganarsl welters. '(3) Ths canner in which the p ropoaed ansndssnt wilt eery? out the intent and purpose of the adopted land Uas Plan or par: thereat. '(d) All other efreueataness, tsatara snd reasons whteh the appltosnt afters 1n support of the prapoasd awsndnsnt lneluding, but no: llstted to. doeusentstton tros asrvles sgsneisa Is.g. firs, polies. rsseus snd utilities agsnetsa] assuring ssrvinsa provision capability to the dsvslapsent. d, A list of stl lndtvlduela, ttrsa or earparstions owrting prapert7 sdJoining ar within live hundred (sQOI tssa et the property so~~ta~=Wing to attsehsd. Ths list is eurrsnt as of tOstsl 'I certify that all information furnished in this app anon is a ccurate to the best of my knowledge. ` -, 0 A p p l i'c a n t i s] GFi~1'.C~a Q~ Q~A.~f'~L.. Address: ~9/a1~m6cr4J~ed R~.%~ ... ._ .... ~ 7 y __ Phan e : 91 - J63- ///3 .. .:^ 1V/ Vi/ 1770 1.7. JL 7170MV>(,110 ~ RLV1.71C.R lf• 1JGL:,/~ 1 Ya, ; _ ~ s„~ 2 ~~ X50 .wa...a n: Dalton Ei. Lofciu, .lctoratiy xc ~, Millsboreu;h, K. C, 27278 reerr 6A/OLiMA, eaArae eauwee TM1! t7[m, rasa .we plevcs lwta Tr1a Tea swr o- L. J. 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Q~ ~ 7 e uaro / ''" J J h @ o ~ U O .~ .~ U U ^ ~ u~ ~' C U) ^ .-~ t4 ~ . ~ W ~~~°o N c c ,~ ~ ~ ~ O 0 0 ~ ~ 0 '" °" ~ ~ p ~ ~ W - W W J ~ ~ V ~ ~ C C ~ . ~ ~ 3 'c 'c E a~ L a QoNN W e ~ ~ ~. .- W ~~~ N ~ O ~ . ~ U o c ~ ~J 6 bo o, ~H Z \ ~ ,~ MAML ~b '~O t \ 7 ~ .. J1Q y`~~ta ~v ow Y~ ~~ 3 a' - - .t O 6,~ JyC c -... 1 ~; \ N O b~yJ O .g~ 2 `~ .. i ~ MEMORANDUM TO: Karen Lincoln, Planner III FROM: Paul Thames, PE, County Engineer DATE: November 9, 1998 S~~C'I': Water and sewer plans for the Buckhorn Road Economic Development District In response to your query regarding plans for the Buckhorn Road EDD, I can advise you that there are no specific plans in existence at this time for the construction or provision of water or sewer utilities to the EDD. There has been, of course, a great deal of discussion about the potential for the eventual extension of utilities to this azea, but such an extension is not likely to take place without the certainty that some group of businesses or at least one major business is going to locate in the EDD. At this time, it is not cleaz what utility provider would be extending utilities to the azea or how the costs of such an extension would be paid. It is my believe that both the BOCC and the Planning Boazd were well awaze of the uncertain nature of utility extension to the EDD when the EDD was approved. Likewise, I believe that it was understood that the creation of any utility infrastructure or capacity in the EDD would occur by one of the following means: 1) an industial or commercial venture in the EDD could pay the cost of obtaining utility service by means of developing its own individual on-site utility capacity; 2) an industial or commercial venture in the EDD could pay the cost of obtaining utility service by means of extending municipal-type utilities for the Town of Mebane or from a combination of the Orange-Alamance and Orange County water and sewer utilities; or 3) an industrial or commercial venture in the EDD would guarantee that it would employ a sufficiently lazge number of individuals at a pay scale that would qualify for economic development CDBG funded utility extension. To date no commercial venture has, to the best of my knowledge, expressed an interest or shown the ability to develop in the EDD under any of these conditions. However, given the location of the EDD with respect to the interstate system and the rail system, a commercial venture meeting these criteria could show up on the horizon tomorrow. If I may provide additional information, please advise. •~ TO: Karen Lincoln, Orange County Planning and Inspections Department FROM: Economic Development Commission Board DATE: November 13, 1998 SUBJECT: Rezoning of Property of James and Patricia LaTorre, Tax Map 3.44..2A At its November 12, 1998, meeting, the Economic Development Commission Board reviewed the application of James and Patty LaTorre for rezoning of subject property from EDD Primary Development Area to IDD Secondary Development Area. After discussion, a motion was made and passed tlns,n;>Ylously to recommend against. such rezoning activity. Thank you for the opportunity to review this applicaxion. c: John Link ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION POST OFFICE BOX 1177 • HILLSBOROUGH, NORTH CAROLINA 27278 AN(1NF(Ot017Q~_4141 FYT ~Z7C.1:'AX(0101ldd-4Mf2.FMATT. TAAt:ANAT~TNTFRAATH('(1M ORANGE COUNTY NORTH CAROLINA -Rtf[RYATION • PROORE3! • P!O-L[ 1" _ ,~ To: Eddi• Rirk Orange County Planning Department From: Sheriff Lindy Pendergrass Date: October 20, 1998 Re: James and Patricia-LaTorre Locations Cheeks Torraship Resoaiag Tas Map 3.44.2A Borth side of 1~Iest Tea (SR1144) .5 miles ~+est of Bushy Cook Rd. approsiaately 1.Z5 miles •ast of Huckhora road (SR1144) The Orange County Sherif Office has bees asked to ~rrite a letter regarding our lity to provide lair enforcement services for the pro sad resoning site. N~ presently provide patrol services to this area and see no need for as increase is personnel or equip®eat.to provide this service. Should any fu information be seeded please contact our office,. s 1 ~" h CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Karen Lincoln, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about November 6, 1998, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request for rezoning of a 19.96 acre parcel in Cheeks Township from Primary Economic Development to Secondary Economic Development, to each property owner as required by Article 20, Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 9th day of November. 1998. ~.' `,~.~ KAREN LINCOLN ZONING OFFICER ~~ NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday, November 23, 1998, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ROAD NAME CHANGE Old Chapel Hill -Hillsborough Road (SR 1009) The proposal is to change the name of SR 1009 from Hillsborough to New Hope Church Road from Old Chapel Hill - Hillsborough Road to Old NC 86. ORANGE COUNTY ZONING ATLAS AMENDMENTS 1. Z-5-98 L. J. Rogers Trucking Co. The property is located on the northwest side of N.C. Highway 49 approximately 1,000 feet southwest of the intersection of N.C. 49 and Corbett Ridge/Carr Store Road (SR 1004). The proposal is to rezone a 3.44 acre parcel, identified as lot 1 C on Tax Map 17, Cedar Grove Township, and a 0.94-acre portion of property identified as lot 1 on Tax Map 17, Cedar Grove Township, be rezoned, respectively, from AR Agricultural-Residential and NC- 2 Neighborhood Commercial to EC-5 Existing Commercial to correct an error in the initial zoning of Cedar Grove Township. 2. Z~-98 Lawrence Park Subdivision This request for rezoning is being made in conjunction with PD-3-98, a proposal for rezoning 83.32 acres as a planned residential development. The property is located in Eno Township on the south side of US Highway 70A, 1400 feet east of the intersection with Lawrence Road (SR 1709). The applicant is proposing to rezone two parcels totaling 3.23-acres (140,876 square feet) from Rural Residential (R-1) to Low Intensity Residential (R- 2). The subject property is referenced as part of lot 17 on Tax Map 4, Eno Township. 3. PD-3-98 Lawrence Park Planned Development The property is located in Eno Township on the east side of Lawrence (SR 1709) approximately 400 feet south of US Highway 70A and 200 feet north of Interstate-85. Lannie Drive (SR 1831) intersects Lawrence Road just south of the property. The applicant is requesting a change in zoning from Rural Residential (R-1) to Planned Development Housing (PD-H-R-3) for an 83.32-acre parcel. The parcel is referenced as part of lot 17 on Tax Map 4, Eno Township. 4. 2-4-98 James and Patricia LaTorre The property is located south of Interstate-85 on the north side of West Ten Road (SR 1144), approximately 0.5 mile west of Bushy Cook Road (SR 1137) and approximately 1.25 miles east of Buckhom Road (SR 1114) and is referenced as lot 2A on Tax Map 44, Cheeks Township. The applicants propose to rezone a 19.96-acre lot from Primary Economic Development to Secondary Economic Development. ZONING ORDINANCE TEXT AMENDMENTS Cane Creek Watershed Overlay Districts Changes are proposed to the Zoning Ordinance to implement new watershed protection measures for Cane Creek watershed in southwestern Orange County. These changes result from athree-year study of Cane Creek Watershed conducted by the Orange Water and Sewer Authority (OWASA), and subsequent recommendations by the OWASA Board of Directors. The changes to the Zoning Ordinance would change the minimum lot size for new development in the watershed from two acres to five acres, unless a special development option for Flexible Development in Cane Creek Watershed is chosen. In this special Flexible Development option, new major subdivision development could occur at the current two-acre lot density, but special standards in the County's Subdivision Regulations (see below) would change the amount of open space in new major subdivision developments from 33% to 50%. Amendments to implement these development options would amend a definition in the ordinance and change the existing protected watershed (CANE-PW) and critical area (CANE-CA) overlay districts for Cane Creek. These sections would include Section 2.2 (Definitions) and Section 6.23 (Extra Requirements for Watershed Protection Overlay Districts). The changes to the definitions section would reflect special standards for Flexible Development in the watershed, which would require 50% of tracts for new major subdivision developments remain in permanent open space, if this option is chosen. The changes to the overlay districts would apply a minimum lot size of five acres in the watershed, and allow for up to five lots as small as two acres in size for lots of record as of a certain date. SUBDIVISION ORDINANCE TEXT AMENDMENTS Flexible Development in Cane Creek Watershed Changes are proposed to the Flexible Development section of the Subdivision Regulations to implement new watershed protection measures for Cane Creek watershed. These changes result from athree-year study of Cane Creek Watershed conducted by the Orange Water and Sewer Authority (OWASA), and subsequent recommendations from the OWASA Board of Directors. One of the development options in the proposed new measures would change the amount of open space in new major subdivision developments from 33% to 50°k of the tract, if this development option is chosen. Specifically, these amendments to Section IV.6.10 of the Subdivision Regulations would amend the definition of Flexible Development to recognize these special standards in Cane Creek watershed. These amendments are proposed in conjunction with proposed changes to the Zoning Ordinance to reflect new watershed protection recommendations. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306E Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Dufiam), 967-9251 (Chapel Hill- Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chaoet Hill Herald November 11, 1998 November 12, 1998 November 18, 1998 November 19, 1998