HomeMy WebLinkAboutAgenda - 02-07-2012 - 5jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 7, 2012
Action Agenda
Item No. 5 ~ i
SUBJECT: Legal Advertisement for Quarterly Public Hearing -February 27, 2012
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Legal Advertisement
2. Location Maps
INFORMATION CONTACT:
Perdita Holtz, Planning Systems
Coordinator, 245-2578
Craig Benedict, Planning Director,
245-2592
PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 27,
2012.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general County policy and presentation format. The following
items are scheduled for the February 27, 2012 Quarterly Public Hearing:
County Initiated:
1. Unified Development Ordinance (UDO) Text Amendment: Add a conditional zoning district
(REDA-CZ-1) that would be applicable to the geographic area addressed in the NC Highway
57/Speedway Area Small Area Plan and other necessary amendments to implement
recommendations made in the small area plan.
2. Comprehensive Plan Land Use Element Map and Zoning Atlas Amendments: Amend the
Comprehensive Plan Land Use Element Map to change the land use classification of
approximately 493.5 acres in the vicinity of the Interstate 85/US Highway 70 interchange (in
the vicinity of the Eno Economic Development District near the eastern county line) and to
change the zoning district of approximately 351.5 acres of property in the same area (see
maps in Attachment 2).
3. Zoning Atlas amendment to rezone approximately 200 acres from Agricultural Residential
(AR) and Rural Residential (R-1) to Office-Institutional (O-I). The properties are located
south of Interstate 85/40, west of West Ten Road, north of Bowman Road, and east of Ben
Wilson Road (see map in Attachment 2).
4. UDO Text Amendment: Revise Section 5.10 to amend the regulations pertaining to
Telecommunication Facilities
5. Telecommunication Plan Map -Modify the adopted Master Telecommunications Plan Map
(MTP) by adding 4 additional sites.
6. UDO Text Amendment: Add a new Section 6.20 that will pertain to public sewer connection
requirements
7. UDO Text Amendment: Revisions to the Table of Permitted Uses for EDB-1 (Section 5.2) to
make the district more retail-oriented and to Section 5.1.4 to reduce the list of Conditional
Use District exclusions within the land use classifications targeted for non-residential
development.
8. UDO Text Amendment: Revisions to several Sections pertaining to stormwater. These
amendments are required by the State of North Carolina to meet the Falls Lake and Jordan
Lake New Development Rules
9. UDO Text Amendment: Revisions to Section 6.12.5 to incorporate recent modifications to
State law concerning placement of political signs within the right-of-way of the State highway
system.
10. UDO Text Amendment: Revisions to Section 2.24 to incorporate recehtly passed State
legislation that modified the statute of limitations for the appeal of local government
decisions.
The legal advertisement in Attachment 1 provides additional information regarding these items.
The BOCC approved the Amendment Outline Forms for items 1 through 3 and 6 through 10 at
its November 1, 2011 meeting. The Amendment Outline Form for item 4 was approved at the
January 24, 2012 BOCC meeting and for item 5 at the November 15, 2011 meeting.
FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2011-12
Budget, there are no direct financial impacts associated with the approval of this item.
RECOMMENDATION(S): The Manager recommends the Board approve the proposed
February 27, 2012 Quarterly Public Hearing legal advertisement.
Attachment 1
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NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, February 27, 2012
at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
A. PUBLIC HEARING ITEMS
Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance (UDO), the Planning Director
has initiated text amendment(s) to Section(s):
a. 3.8 Conditional Districts inclusive to create the NC Highway 57 Speedway
Area Rural Economic Development Area Conditional Zoning District
(REDA-CZ-1);
b. 5.2.3 Table of Permitted Uses -Conditional Zoning Districts to include
references to the REDA-CZ-1 district with a list of permitted uses; and
c. 5.7 Standards for Recreational Uses to create a new sub-section 5.7.5 to
include development standards for Race Track (Motorized, etc.) and Go-
Kart Track Facilities.
The Rural Economic Development Area (REDA) concept was proposed within the
NC Highway 57 Speedway Area Small Area Plan adopted by the County on August
21, 2007.
The purpose of the district is to allow for non-residential development in rural areas of
the, County where a Small Area Plan, initiated and adopted by the BOCC, outlines
the viability of such development based on the suitability of the use(s) to the
particular community where the district is located.
The proposed REDA-CZ-1 district shall only be applicable to an area of the County
identified within the adopted NC Highway 57 Speedway Area Small Area Plan.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
2. Comprehensive Plan Land Use Element Map and Zoning Atlas
Amendments: In accordance with the provisions of Section 2.3 Comprehensive
Plan Amendments and Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Orange County Unified Development Ordinance
(UDO), the Planning Director has initiated amendments to the Comprehensive
Plan Land Use Element Map and to the Zoning Atlas. The Land Use Element
Map is proposed to be modified to change the land use classification of
approximately 493.5 acres in the vicinity of the Eno Economic Development
District (an area near the Interstate 85/US Highway 70 interchange in eastern
Orange County). The proposed Land Use Element Map changes are as follows:
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• Change 55.9 acres from Commercial Node to 10-Year Transition. This is the
area that comprises Whispering Pines subdivision.
The Parcel Identification Numbers (PIN) for these 55.9 acres are as follows:
9893910204 9893902442 9893700229 9893806742 9893806227
9893809927 9893804345 9893803290 9893902746 9893707211
9893803906 9893809399 9893802155 9893803793 9893805573
9893801992 9893705268 9893808198 9893700687 9893705584
9893709834 9893911241 9893700118 9893902655 9893800468
9893708847 9893912145 9893805077 9893804588 9893706488
9893902848 9893818273 9893808086 9893704588 9893808442
9893805724 9893902959 9893816073 9893803070 9893801473
9893705742 9893815030 9893806885 9892890994 9893707483
9893706647 9893900936 9893704736 9892797873 9893704315
9893809760 9893800876 9893703663 9892793874 9893700421
9893803661 9893808846 9893700525 9893809478 9893704381
9893809650 9893902340 9893902544 9893801306 9893708160
9893703339 9893807204 9893807766 9893805331 9893709160
9893806076 9893900119 9892793773 9893702648 9893708389
9893901121 9893800151 9893817195 9893802646 9893706244
9893703073 9893705048 9893804918 9893707652 9893703272
9892891986 9893703193 9893707829 9893708557 9893901232
9892798990 9892795738 9893807847 9893709563 9893801153
9893807291 9892797963 9893703811 9893807469 9893707016
9893707198 9892793983 9893809890 9893806572 9893804073
9893902164 9892795910 9893800735 9892799992 9893700007
9892699764 9892790923 9892892988
• Change 130.8 acres from Commercial Node to Economic Development.
The Parcel Identification Numbers (PIN) for these 130.8 acres are as follows:
0803002614 9892998862 0803100109 9893604939 9893909606
9893608557 0803007438 0802092905 9893618051 9893608242
0803207282 0803004553 0803100055 9893603521 0803102261
0803107244 9892996872 0803001017 9893602164 0802394949
0803307352 9892699764 9892798476 9892790923 0803003547
0803006178 9892894495 9892990026 0803303393 0803109390
0802093923 0803300153 9892892121 0802094831 0803104242
0803202254 0802090955 9892991685 9892698891 9892895043
0803101210
• Change 181.3 acres from Rural Residential to Economic Development.
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5
The Parcel Identification Numbers (PIN) for these 181.3 acres are as follows:
9892691494 9892693355 9893302785 9893333390 9893202889
0803307443 9892698435 9893501063 0803307352 9893403551
9892599833 9892696503 9892593907 9893214750 9893556457
9892594954 9893229506 9893524275 9893313471 9893556457
9892596828 9893420409 9892691711 9893313471
In addition, the following road right-of way (no PIN) is proposed to be changed:
• Approximately 11 acres from Commercial Node to 10-Year Transition.
• Approximately 29.2 acres from Commercial Node to Economic Development.
• Approximately 85.3 acres from Rural Residential to Economic Development.
The Zoning district for a number of parcels in the same geographic area is also
proposed to be changed. The following Parcel Identification Numbers (PIN),
comprising approximately 205 acres, are proposed to be changed from R-1
(Rural Residential) to EDE-1 (Economic Development Eno Lower Intensity):
0803002614 9892691494 0802092905 0803104242 9892790923
9893608557 0803307443 9892594954 0802094831 9893202889
0803207282 0803300153 0803100055 9892698891 9893403551
0803107244 9893909606 0803001017 9892895043 0803303393
0803307352 9893608242 9892596828 9893604939 9893302785
0803006178 0803102261 9892691711 9893618051 9893603521
0802093923 0802394949 9892693355 9893313471 9893602164
9892998862 0803202254 9892698435 9892990026 9893501063
0803007438 0803101210 9892798476 9892892121 9892593907
0803004553 0802090955 9892696503 0803003547 9892599833
0803109390 9892991685 9892699764 0803100109 9892996872
9892894495
The following parcel is also located within the Stoney Creek Basin Overlay
District and is proposed for rezoning from R-1 to EDE-1: 9893-31-3471.
In addition, approximately 50 acres of road right-of-way (no PIN) is proposed to
be changed from R-1 to EDE-1.
The following Parcel Identification Numbers (PIN), comprising approximately 74.3
acres, are proposed to be changed from R-1 (Rural Residential) to EDE-2
(Economic Development Eno Higher Intensity):
9892887847 9893333390 9893556457
Three parcels proposed to be rezoned EDE-2 are also located within the Stoney
Creek Basin Overlay District:
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9893524275 9893420409 9893229506
In addition, approximately 17.2 acres of road right-of-way (no PIN) is proposed to
be changed from R-1 to EDE-2.
Approximately 4.2 acres of road right-of-way (no PIN) is proposed to be changed
from EC-5 (Existing Commercial) to EDE-2 and approximately 0.6 acres of road
right-of-way is proposed to be changed from PID (Public Interest District) to EDE-
2.
The purpose of the proposed amendments is align Orange County land use and
zoning classifications with the City of Durham's Urban Growth Area located
within Orange County. The proposed land use and zoning amendments would
potentially result in higher intensity development than is currently permitted.
A joint neighborhood information meeting with City of Durham staff will be
held on February 22, 2012 at The Murphey School (3717 Murphey School
Rd., Durham, NC 27705). The meeting will begin at 6:00 p.m. Interested
persons are encouraged to attend this neighborhood information meeting to learn
more about this proposal.
Purpose: To review the item and receive citizen comment on the proposed
amendments.
3. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8
Zoning Atlas and Unified Development Ordinance Amendments of the Unified
Development Ordinance, the Planning Director has initiated amendments to the
Zoning Atlas to rezone approximately 131 acres from Agricultural Residential (AR)
to Office-Institutional (O-I) and approximately 101 acres from Rural Residential (R-
1) to Office-Institutional (O-I).
The following Parcel Identification Numbers (PIN) are currently zoned AR and are
proposed to be zoned O-I: 9824-45-9890, 9824-46-0140, 9824-46-5282, 9824-46-
7162, 9824-54-0748, and 9824-74-4824. These parcels are located in the
geographic area bounded by Interstate 85/40, West Ten Road, Bowman Road,
and Ben Wilson Road and comprise approximately 131 acres.
The following Parcel Identification Numbers (PIN) are currently zoned R-1 and are
proposed to be zoned O-I: 9824-96-1908, 9834-05-8903, 9834-05-9397, 9834-06-
9071, 9834-07-3088, 9834-15-2994, 9834-17-3345, 9834-25-7896, 9834-26-1132,
9834-35-1819, 9834-35-4830, 9834-35-4839, and 9834-35-4937. These parcels
are located in the geographic area bounded by Interstate 85/40, Buckhorn Road,
and West Ten Road and comprise approximately 101 acres.
No project is proposed at this time. These rezonings are proposed in order to
'pre-zone' the areas for potential economic development projects. The properties
subject to this rezoning are currently located within the Commercial-Industrial
Transition Activity Node land use category as denoted on the Land Use Element
Map of the Comprehensive Plan.
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Pu ose: To review the item and receive citizen comment on the proposed Zoning
Atlas amendments.
4. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance (UDO), the Planning Director
has initiated a text amendment(s) to Section(s):
a. Section 5.3 Table of Permitted Uses to modify the allowable tower heights
approved under the Class A and B Special Use Permit process; and
b. Section 5.10 Standards for Telecommunication Facilities inclusive to
modify existing language governing allowable tower heights under various
approval processes as well as reorganize regulations to eliminate existing
redundancies and contradictions.
Currently the Ordinance requires a developer proposing a tower over 75 feet but
under 150 feet in height to apply for a Class B Special Use Permit acted upon by
the Board of Adjustment. Towers over 150 feet in height are reviewed by the
BOCC through the submittal of a Class A Special Use Permit application.
The proposed modification would allow towers over 75 feet but under 200 feet in
height to be processed as Class B Special Use Permit while towers 200 feet and
higher would be processed as a Class A Special Use Permit.
The changes are recommended to coincide with lighting requirements enforced by
the Federal Aviation Administration (FAA) and to foster additional tower
development opportunities in an effort to address communication needs in the
County.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
5. Master Telecommunications Plan Map: In accordance with the provisions of
5.10.2 Master Telecommunication Plan of the Orange County Unified Development
Ordinance (UDO), the Planning Director proposes to modify the adopted Master
Telecommunications Plan Map (MTP) by adding 4 additional sites.
The purpose of the MTP is to identify potential properties where telecommunication
providers are encouraged to develop, redevelop, modify, or expand
telecommunication facilities. The plan is further intended to illustrate an efficient
distribution of telecommunication facilities that will benefit the public at large.
The MTP only pre-identifies potential telecommunication sites and does not formally
approve the location of telecommunication towers for the denoted properties.
Developers are still required to obtain all required permit approvals consistent with
the UDO.
The MTP may be modified on an annual basis at the February Quarterly Public
Hearing.
The Director has received formal, written, requests to add the following sites to the
MTP:
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a. Orange County Park property, commonly referred to as the Blackwood
Farm property, off of NC Highway 86 -PIN 9872-55-7302
b. County Park Site off of Millhouse Road -PIN 9870-68-0669
c. The Amy and Robert Scott property -PIN 9846-65-1414
d. OWASA property, commonly referred to as the American Stone Quarry
property, on NC Highway 54 West -PIN 9759-62-0999
A copy of the MTP is available on the Planning Department's web site at
http://www co oranoe nc us/planning/SpecialProiects asp
Pu ose: To review the item and receive citizen comment on the proposed addition
of additional sites on the MTP.
6. Unified Development Ordinance (UDO) Text Amendment - In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated amendments to the text of the Unified Development Ordinance. The text
amendment will add a new section: Section 6.20 Public Sewer Connection
The proposed new section pertains to wastewater disposal options for properties
in areas where public sewer service is available.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
7. Unified Development Ordinance (UDO) Text Amendment - In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated amendments to the text of the Unified Development Ordinance. Text
amendments are proposed to the following sections of the Unified Development
Ordinance:
• Section 5.1.4 Conditional Uses
• Section 5.2.2 Table of Permitted Uses -Economic Development Districts
The purpose of the proposed text amendments is to create additional economic
development options in the areas of the County currently designated for higher
intensity development.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
8. Unified Development Ordinance (UDO) Text Amendment - In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated amendments to the following sections of the UDO:
a) Section 1.1.9. Relationship with Other Laws, .Covenant, or Deed Restrictions
b) Section 2.20 Stream Buffers -Use Authorization Certificate
c) Section 2.21 Stormwater Management Plan Requirements
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d) Section 6.14 Stormwater Management
e) Section 6.14.4 General Methods, (A) (1) and (B) (1)
f) Section 6.14.5 Applicability, (A), (1) and (2)
g) Section 6.14.6 Review Criteria, (A) (2), (4),(5) and (B)
h) Section 6.14.7 Nutrient Load, (A), (B), (C), (D),(E) and (F)
i) Section 6.14.8 Peak Runoff Volume
j) Section 6.14.9 Stormwater Management Plan, (C)
k) Section 6.14.10 Operation and Maintenance of Structural Stormwater
Measures, (B) (1) (f), (g), and (h); (C) (1) (b), (4) (a), (b), and (d)
I) Article 10 Definitions
These amendments are required by the State of North Carolina to meet the Falls
Lake and Jordan Lake New Development Rules pursuant to 15A NCAC 02B
.0277 and .0265.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
9. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance (UDO), the Planning
Director has initiated an amendment to Section(s) 6.12.5 (N) and 6.12.6 (E) of
the UDO to modify existing language governing the placement of political signs
within public rights-of-way.
Current regulations prohibit the placement of political signs within public rights-of-
way. On August 4, 2011 the North Carolina General Assembly adopted Session
Law 2011-408 allowing for the placement of political signs within the rights-of-
way of the State highway system, subject to certain restrictions. Existing
language needs to be modified to incorporate these changes.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
10. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unifred Development Ordinance
Amendments of the Unified Development Ordinance (UDO), the Planning Director
has initiated a text amendment to Section 2.24.5 (B) of the UDO to modify existing
language establishing the rights of local citizens to appeal legislative decisions by
the County.
Current regulations require appeals from legislative decisions be filed in Superior
Court within 30 days from the date of decision. Recent changes in State law
have increased the filing deadline. Planning staff is proposing to modify existing
regulations to make them consistent with State law.
Purpose: To review the item and receive citizen comment on the proposed text
amendments.
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Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling the one of the phone numbers
below. The full text of the public hearing items may be obtained no later than February
17, 2012 at the County website www.co.orange.nc.us at the Meeting Agendas link.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH:
News of Oranae Chapel Hill Herald
February 15, 2012 February 15, 2012
February 22, 2012 February 22, 2012
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