HomeMy WebLinkAboutORD-2001-017 Amendments to Subdivision Regulations Concerning Minor SubdivisionsORANGE COUNTY
BOARD OF COMMISSIONERS f0)
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
, Meeting Date: May 29, 2001
Action Agenda
Item No. 5 c
SUBJECT: Amendments to Orange County Subdivision Regulations Concerning
Definitions and Approval Procedures for Minor Subdivisions
DEPARTMENT: Planning PUBLIC HEARING: Y/N YES
INFORMATION CONTACT:
ATTACHMENT(S): Craig Benedict, ext. 2592
1. Ordinance Amending the Orange County Karen Lincoln, ext. 2594
Subdivision Regulations
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Durham 688 -7331
PURPOSE: To receive citizen comment on proposed amendments to the Orange County Subdivision
Regulations Section II Definitions and Section III -C Approval Procedures for Minor Subdivision. Proposed
amendments will:
1. Clarify that resultant lots created in a manner exempt from subdivision regulations must
meet minimum lot sizes required for private road justification if served by a private road or
an access easement; and
2. Provide a one -year extension after expiration of a one -year time- period allowed for the
applicant to submit the mylar original of the Final Plat for endorsement by the Planning
Department after approval of a minor subdivision Final Plat.
BACKGROUND: The Orange County Board of County Commissioners, on October 10,
2000, adopted amendments to the Orange County Subdivision Regulations regarding private
roads. In its motion to approve the amendments, the board directed staff to address a one -
year extension for minor subdivision approval after a one -year expiration of final plat approval
by the Planning Department. Current subdivision regulations do not limit the amount of time
an applicant has to submit a minor subdivision final plat to the Planning Department for
endorsement. for recordation after the Planning Department has issued the letter of approval.
The proposed amendment to Section III -C Approval Procedures for Minor Subdivisions will
set a one -year time for the applicant to submit the mylar original of the final plat and provide,
upon the applicant's request, an additional one -year extension from the original expiration
date. The proposed amendment will set a time limit for recordation of minor subdivision final
plats consistent with the time limits set on major subdivision approvals by the BOCC.
Lots created in a manner defined by N.C. General Statutes as an exception to the definition
of subdivision are exempt from local subdivision; however, resultant lots must equal or
exceed the regulations of the county as shown in its subdivision regulations. The proposed
amendment to the definition of "Subdivision" in Section II Definitions will reinforce private road
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justification given in Section IV- B -3d -1 as part of Orange County's subdivision standards.
The intent of the amendment is to eliminate the possibility that parcels may be recombined in
such a manner that would create lots at less than the minimum area required in the private
road justification section of the Subdivision Regulations.
FINANCIAL IMPACT: There is no immediate financial impact associated with this
decision item.
RECOMMENDATION(S): The Administration recommends that the Board refer the proposed
amendments to the Planning Board for a recommendation to be returned to the Board of
Commissioners by June 19, 2001.
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101
AN ORDINANCE AMENDING
THE ORANGE COUNTY SUBDIVISION REGULATIONS
SECTION II DEFINITIONS AND
SECTION III -C APPROVAL PROCEDURES FOR MINOR SUBDIVISION
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THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE SUBDIVISION
REGULATIONS ARE HEREBY AMENDED AS FOLLOWS:
(Bold print indicates language to be added. Sig# print indicates language'to
be deleted.)
Section numbers in this document refer only to this document, and do not agree with
regulation section numbers.
SECTION 1: CLARIFY THE DEFINITION OF RESULTANT LOTS IN THE SUBDIVISION REGULATIONS TO
INCLUDE MINIMUM LOT SIZES FOR ALL LOTS SERVED BY A PRIVATE ROAD OR AN ACCESS
EASEMENT. THE DEFINITION OF SUBDIVISION IN ORANGE COUNTY SUBDIVISION REGULATIONS,
SECTION I I DEFINITIONS, IS AMENDED TO READ AS FOLLOWS:
SUBDIVISION Subdivision means all divisions of a tract or parcel of land into two or
more lots, building sites or other divisions for the purpose of sale or
building development (whether immediate or future) and includes all
division of land involving the dedication of a new street or a change in
existing streets, provided, however, the following are not included
within the definition and are not subject to any regulations pursuant to
this part:
(1) The combination or recombination of portions of previously
subdivided and recorded lots if the total number of lots is not
increased and the resultant lots are equal to or exceed the
standards of the County as shown in its Subdivision Regulations
including private road justification standards given in Section
IV- B- 3 -d -1.
Resultant lots, as referred to herein shall be deemed to equal
standards of the Orange County Subdivision Regulations if the
following standards are met:
a. No conforming lot standard becomes non - conforming as a
result of the recombination; and
b. Any applicable impervious surface standards are met; and
C. Access is provided to a public road, either direct, or by
recorded easement; and
d. A site suitable for sewage disposal is approved by the
Orange County Health Department. Where soil is unsuitable
for sewage disposal, or soil suitability is undetermined, a
notice of restricted development potential shall be submitted
and the lot(s) in question shall.be so noted on the plat; and
e. No increase in the number of access points to a public street
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102 4
over the number currently existing; and
f. Access is not shifted from a lower classified /volume street to
a higher classified /volume street.
(2) The division of land into parcels greater than 10 acres if no street
right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or
opening streets.
(4) The division of a tract in single ownership of the entire area of
which is no greater than two acres into not more than three lots, if
no street right -of -way dedication is involved and if the resultant lots
are equal to or exceed the standards of the County as shown by its
subdivision regulations.
The surveyor and /or Planning Department shall also certify on the plat as
required by GS 47- 30(f)(11).
SECTION 2: AMEND THE MINOR SUBDIVISION APPROVAL PROCEDURE TO LIMIT THE TIME IN WHICH
THE MYLAR FOR AN APPROVED PLAT MAY BE SUBMITTED FOR PLANNING DEPARTMENT
ENDORSEMENT. ORANGE COUNTY SUBDIVISION REGULATIONS, SECTION III -C APPROVAL
PROCEDURES FOR MINOR SUBDIVISION, IS AMENDED BY ADDING THE FOLLOWING PARAGRAPH TO
THE BEGINNING OF SECTION II I -C-4 ACTION SUBSEQUENT TO APPROVAL:
III -C-4. Action Subsequent to Approval
From the date of approval of a Final Plat, with or without conditions, by the
Planning Department, the applicant shall have one (1) year in which to submit to
the .Planning Department for endorsement a reproducible mylar original of the
Final Plat. The Planning Director or his/her authorized agent may grant, upon
written request from the applicant, an extension of this time limit to one -year from
the original date of expiration.
The Planning Director or his /her designated representative shall endorse approval on a
reproducible mylar original of the Final Plat if the Planning Department approves an
application either with or without conditions. The applicant shall record such plat and any
associated documents necessary to assure conformance with regulations in the Officer of
the Register of Deeds within ninety (90) days after the Planning Director's endorsement of
approval. If such plat is not recorded within the specified time period, the minor
subdivision plat is void. The Planning Director may extend this deadline provided the
applicant can demonstrate a good faith effort to comply with the deadline, but for reasons
beyond his /her control, fails to meet the requirements for recordation within that period.
All such plats shall conform to drawing specifications and certification requirements for
Final Plats contained in Section V -D of this Ordinance.
Recordation of the approved final plat, and auxiliary documentation as required in the
conditions of preliminary plat approval shall be with the advice and consent of the
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Planning Department.
sECTiON 3: This ordinance shall become effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners
that this Zoning Atlas Amendment is effective upon approval.
Upon motion of Commissioner , seconded by Commissioner
the foregoing ordinance was adopted this the day of
, 2001.
I, Beverly A. Blythe, Clerk to 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
2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2001.
Clerk to the Board of Commissioners
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ORANGE COUNTY
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
SUBJECT: AMEND CLUSTER PROVISIONS
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
PUBLIC HEARING:
Action Agenda
Item No.
(Y /N) No
INFORMATION CONTACT:
Craig N. Benedict, ext. 2592
TELEPHONE NUMBERS: .
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane (336)227 -2031
rVRrV�7G: i u amenu ine minimum cluster lot size provisions within zoning districts where density
is greater than 40,000 square feet per lot. Amending the cluster lot minimum from 40,000 square
feet to 60,000 square feet when using cluster provisions or flexible development provisions.
BACKGROUND: In most cases around the county, 40,000 square feet is the minimum lot size,
even in areas where the density is 2 acres or more. 'Clustering down' to the existing 40,000 square
foot minimum lot size in many cases creates a lot that is insufficient to accommodate the many
typical uses of a lot with private well and septic systems and other associated building and
accessory building uses. The 60,000 square foot minimum lot, if soils are suitable, is necessary to
accommodate aforementioned uses. The lot is more functional without stressing the land capacity
while still promoting the ability to cluster lots to provide additional open space.
FINANCIAL IMPACT: None at this time.
RECOMMENDATION(S): To hear report and forward to the Planning Board for recommendation
back to the Board of County Commissioners no sooner than August 21, 2001.
1-06
ORANGE COUNTY
BOARD OF COMMISSIONERS i
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No. 6 aft
SUBJECT: Bed & Breakfast Zoning Ordinance Amendments
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y /N) 1fES
ATTACHMENT(S):
Proposed Ordinance
1996 Amendment
1985 Amendment
INFORMATION CONTACT:
Craig Benedict, Director, Ext.2592
Tina Moon, Planner II, Ext. 2583
TELEPHONE NUMBERS:
Hillsborough
732 -8181
Chapel Hill
968 -4501
Durham
688 -7331
Mebane
336- 227 -2031
PURPOSE: ,To receive public comment on the proposed Bed & Breakfast Amendments in the
Zoning Ordinance
BACKGROUND:
Request
• To establish a Rural Guest Establishments use in the Permitted Use Table and create all
associated criteria (approval procedures, performance standards, parking, etc).
• The zoning ordinance does not have a land use category for bed and breakfast
establishments. Traditionally, the county has only considered bed and breakfast
operations as part of the Historic Sites Non - Residential Reuse /Mixed Use category (S54).
• Restricting bed and breakfast operations to historic sites excludes all other properties that
may be otherwise suitable for this type of land use.
• The existing Historic Sites Non - Residential Reuse /Mixed Use category will remain in the
zoning ordinance.
• Article 8.8.24 Historic Sites Non - Residential Reuse /Mixed Use, of the Orange County Zoning
Ordinance, has been amended twice.
• On September 3, 1996 the County Commissioners voted unanimously to replace the
word "structures" with the word "sites ".
• On April 1, 1985 the County Commissioners voted unanimously to revise Section
8.8.24.2 of the Standards of Evaluation as indicated by underlining (See attached) and to
delete the word "Exterior" in item (c).
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Location
Amendments will apply to the Orange County planning jurisdiction, outside of the municipalities
and their extraterritorial jurisdictions.
Development Process, Schedule and Action
• Public Hearing on May 29, 2001
• Refer the proposed amendment to the Planning Board for recommendations, to be
submitted to the Board of County Commissioners no sooner than August 21, 2001.
RECOMMENDATION(S): Planning Staff Recommendation:
Approval of the proposed amendment as given in the attached
documents.
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Administration Recommendation: Refer the proposed amendment
to the Planning Board for a recommendation to be returned to the
Board of County Commissioners no sooner than August 21, 2001.
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DRAFT
Public Hearing Ordinance
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An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Section 1: Amend Article 22 Definitions by creating four (4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner - occupied dwelling in'which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four (4) to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and a full - service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four (4) to no more than twenty -four (24). The restaurant
shall contain no more than sixty (60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
lie
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14
Rural Guest Establishments
H14A
Bed & Breakfast
H14B
Bed & Breakfast Inn
H14C
Country Inn
Section 4: Amend Article 8 Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
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a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights -of -way.
The Rural Guest House use consists of the following three subcategories based
on intensity of use and permitting requirements.
H114A Bed & Breakfast (Zoning Permit) *
H14B Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional Information
(Additional Information requirements are listed per subcategory.)
Bed & Breakfast (1-1114A)
In addition to the information required in Subsections 8.2 and 8.8, the following
shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on -site signage.
3) Boundaries of the site.
4) Location of well and septic system.
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b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part -time employees.
3) Number of clients and /or occupants expected to use the facility.
4) Proposed hours of operation for non- residential uses of the site
and within. buildings thereon.
C) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration /rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress /egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a partial waiver of the right -of -way land use buffer
shall submit evidence that the property is listed on the National Historic
Register recognized by the State of North Carolina or the County of
Orange as a place of historic interest. Applications incorporating historic
sites shall provide a description of how the historical style and character
of the building and /or property is to be enhanced through the project.
-11.2
0
Bed & Breakfast Inn (1-111413)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1 -3, and b) through k)) the following shall be supplied as part of the
application for Bed & Breakfast Inns and Country Inns:
a) The 'site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed & Breakfast (H14A)
The following specific standards shall be used in deciding on an application for
this use:
a) The site plan submitted meets all requirements specified in sub - sections
8.8 a) and 8.8.24.1 a).
b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
C) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
d) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
e) The site is served by direct access to a State - maintained road, or has
legal access to a public road by way of a recorded easement-.
f) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
g) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
h) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
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This use is to be a Zoning Permit in the following districts *:
AR - Agricultural Residential
R1 — Rural Residential
RB — Rural Buffer
*Bed & Breakfast (1114A) establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn'(H14B)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
i) The site is served by direct access to a State - maintained road.
This use is to be a Class B Special Use Permit in the following districts *:
AR - Agricultural Residential
R1 — Rural Residential
*Bed & Breakfast Inns (H14B) containing between four (4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re- approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit.. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re- approved, then the applicant may submit a new
application as if it were a new use.
Country Inn (H14C)
The additional information a) through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR - Agricultural Residential
R1 — Rural Residential
*Country Inns (H14C) containing between four (4) and twenty -four (24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
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This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re- approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re- approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Requirements
(Other Requirements are listed per subcategory.)
Bed & Breakfast (H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night -time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a partial waiver of the road -front land use buffer to
maintain the historic character of the site and the traditional view of the
house from the roadside.
9
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed & Breakfast Inns:
e) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed & Breakfast Inn
maybe permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night -time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty -foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
partial waiver of the road -front land use buffer to maintain the historic
character of the site and the traditional view of the house from the
roadside.
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
I16
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Section 5: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
P. Country Inns — as required in Section 8.8.28 with a twenty -foot Type A
perimeter buffer.
Section 6: This ordinance shall be effective upon its adoption.
(Signature) I (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
I 1. 7
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 3. 1996
11
Action Agenda
Item N
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 8.8.24 Historic Structures - Non Residential Reuse/Mixed Use (Class A Special Use)
DEPARTMENT: Planning PUBLIC HEARING• Yes
BUDGET AMENDMENT REQUIRED: _Yes __.No
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
Proposed Amendment Extension 2582
6 -26 -96 Public Hearing Minutes
8 -7 -96 Planning Board Minutes TELEPH011
Hillsborough
Durham
Mebane
Chapel Hill
rE NUMBERS:
732 -8181
688 -7331
227 -2031
967 -9251
PURPOSE: To consider a proposed amendment to include historic property as well as
structures -in the consideration of Special Use Permits for the non - residential use
of historic structures.
BACKGROUND: The non - residential use of historic structures is permitted in the AR, RI and RB
zones provided a Class A Special Use Permit is obtained from the Orange County
Board of Commissioners. Standards that must be complied with are specified in
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure may be considered in the Special Use Permit approval
process.
The proposed amendment was presented for public hearing. on June 26, 1996.
118
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Commission Gordon asked if the amendment would allow use of a modern
structure on historic property. Use of a non - historic structure could be approved if
all applicable findings could be met from the standpoint of preserving or
enhancing the historic integrity of the site and/or historic structures on the site.
There were no citizen comments.
The Planning Board considered the proposed amendment on August 7, 1996 and
recommended approval. The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the proposed amendment per the
Planning Board recommendation.
13
PROPOSED ORDINANCE AMENDMENT
REFERENCE: ZONING ORDINANCE - ARTICLE 8.8.24
Historic Structures - Non Residential Reuse/Mixed Use (Class A
Special Use)
ORIGIN OF AMENDMENT: Staff
Planning Board
X BOCC Public
______ Other:
EXPECTED PUBLIC HEARING DATE: June 26, 1996
Purnose of Amendmen+ To include historic property as well as structures in the
consideration of Special Use Permits for the non - residential use of historic structures.
Impact /I4cun - The Orange County Zoning Ordinance requires an applicant to obtain
approval of a Class A Special Use Permit from the Board of Commissioners for the non-
residential use of an historic structure. In some cases, the use of historic structures may
not only involve the historic structure itself, but also the surrounding property associated
with the structure.
The proposed amendment will clarify that Article 8.8.24 applies to the site on which a
historic structure is located, as well as the historic structure itself.
EXISTING AND PROPOSED ORDINANCE TEXT:
8.8.24 HISTORIC S TGTUpZg SjTE',q - NON RESIDENTIAL REUSE/MIXED
USE (CLASS A SPECIAL USE)
8.8.24.1 21 Information
In addition to the information required in Subsections 8.2 and 8.8, the
following shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land
surveyor or. engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and
Pedestrian circulation.
2) Location and dimensions of all on -site signage.
12, 0
14
3) Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed use(s) of the site and the buildings
thereon, including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the
facility.
4) Proposed hours of operation for non - residential uses of the
site and within buildings thereon.
c) Building plans for all existing or proposed structures to include
floor plans, elevations, and sections showing
restoration/rehabilitation proposed. Description of how the
historical style and character of the building and/or property is to
be enhanced.
d) Landscape plan, at the same scale as the site plan, showing existing
or proposed trees, shrubs, ground cover and other landscape
materials.
e) Statement from the appropriate public service agencies concerning
the method and adequacy of water supply and wastewater
treatment for the proposed uses.
f) Statement from the appropriate public service agencies concerning
the provision of fire, police and rescue protection to the site and
structures.
g) Evidence that the property is listed on the National Historic
Register or recognized by the State of North Carolina as places of
historic interest.
h) The proposed development schedule for the site.
8.8.24.2 ' - Standards of Evaluation
The following specific standards shall be used in deciding on an
application for this use:
15
1.12 1,
a) The site plan submitted meets all requirements specified in sub-
sections 8.8 a) and 8.8.24.1 a).
b) Proposed uses and facilities are complementary and compatible
with surrounding area, and appropriate in the location proposed
given character of surrounding development. The proposed use of
the historic structure shall be of such a nature so as to preserve the
historic character of the site and the building. Development of the
site as proposed would -have no adverse impact beyond the
building except for appropriate parking facilities.
c) Structural alterations of historic structures shall be of such a nature
as to preserve the historic character of the building(s) and site.
d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
e) Recreational areas, service areas, parking and screening are
adequate for the proposed use(s).
fl The site is served by direct access to a State - maintained road.
9) Internal vehicular and pedestrian circulation is adequate for the
proposed use(s).
h) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have
been satisfied.
This use is to be a Class A Special Use Permit in the following districts:
AR - Agricultural Residential
RI - Residential -1
RB - Rural Buffer
This Class A Special Use Permit, if approved, shall be valid for six (6)
years.
Ordinance Review Committee: April 4, 1996
Planning Board:
BOM
- 16
JUNE 26, 1996 PUBLIC HEARING MINUTES
2 Mary Willis said that with regard to the use of existing barns or fartri -type buildings in the
3 future. that would be per,zittad under 04. She said that what they are trying to do with this
4 8ffMx meat is to assure that if somecrw is grainy to build a new building, an accessory building. for the
5 Purpose of Condkxtiny a home occupaticn, that it be 1,000 square feet and that it take on a residential
6 appearance to try to blend in with that arse. Theca are provisions for existing buildings that may be
7 converted to hcine occupations in the future regardless of the appearance of the butldng.
8
9 A motion was made by Commissioner Gordon. seconded by Commissioner Crowther to
10 refer this amendment to the Orange County Planning Board for a recommendation to be returned to
11 the Board of County Commissioners no sooner than August 5. 1990.
12 VOTE: UNANIMOUS
13
14 B PROPOSEa ZONING ORDINAMCE TEXT AMENDMENT: ARTICLE g.S_24 HIS_ T_
1s STRUCTURES
16 Planner Mary WIIUS made this presentation. All background information is in me agenda.
17 This proposed amendment to the Zoning Ordinance would be to Article 8.8.24 to Include historic
18 property as well as,stnxdur+es in the considerado4 of Special Use Permits for the non-residential use of
19 historic structures.
20 Commisslc r Gordon asked that this amendment be reviewed in the context of a
21 modem house with historic outhiAdkV&
22 THERE WERE NO PUBLIC COMMENTS
23
24 A motion was made by Commissioner Gordon. seconded by Commissioner Crowther
25 to refer this item to the Orange County Planning Board for a recommendation to be 'returned to the
26 Board of County Commissioners no sooner than August 5, ISM.
27 VOTE: UNANIMOUS
28
29 C PRO=POSED SUBWnS83N REGULATIONS T=T AMENDMENT • ACTiON
30 & BWCPjENT TM SU6OMSlON APPROVAL -
31 Planner Mary Whys mac=e this presentation. This technical amendment would delete the
32 requirement in time Subdivision Ordnance that a Planning Staff member be present each time a final
33 plat is mown ed in the Register of Deeds Office. The purpose of this provision is to kmsure that all
34 required au:iGary documents, such as Road Maintenance Agreements and Declaration of Rastrictions
35 are recorded with the plat
36
37 Register of Deeds, Betty June Hayes indicated she does not endorse this amendment
38 and that she will summmit her comment in writing which will be included in the agenda when it is
39 returned to the County Conurissierms for consideration of approval.
40
41 THERE WERE NO cnizEN COMMENTS
42
43 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to
44 refer this item to the Pte sft Board for a i ow, nerdation to be r+etumed to the Board of County
45 Commis WW2 no sooner than August 5, 1990.
48 VOTE: UNAbVlw )US
47 _
48 [.� $X= HENM Bug um N $01=1 M MNKLJN FINANCING
49 JdM Lilt sumnmarfrad the info majon In the agenda. Purchasing Director Pam Jonas
50 mac=e referance to the suppiemenprl irfkxrnat3crt. Ste summartzed Me steps taken to purchase the
51 gyp. S?* gave an overview Of the ertvirtu'imermtal assessment. the physical inspection of the
52 property. ft programs that wil be offered and the upfit that will be necessary with rsiatad costs.
53 Commissioner Cordon expressed a ckxm an that the Envkwmental Assessment be
54- done by ptofessionab and that there be enough moray for the upfit.
i 2 3 17
8/7/96 Planning Board Minutes
Price noted that in rural areas, there may be uses that would be associated with
agricultural uses and not necessarily be home occupations as they would be in an
urban residential area.
Strayhom commented again that a use such as welding would require at least a two -
ton truck to deliver supplies needed for welding. Strayhom asked about the types of
complaints. Willis responded that most complaints are related to uses which involve
vehicles, such as automobile repair and the visual impact as the business grows. It
has been determined that there are some existing home occupations which would
not qualify as such if proposed amendments are adopted. Additional home
occupation permits for those uses would not be approved.
MOTION: Brooks moved approval of the proposed amendments as recommended by the
Planning Staff and the recommendation that load capacity of vehicles shall be
determined by the needs of the home occupation and shall not exceed those needs.
Seconded by Strayhom.
Willis suggested that additional wording be included such as: provided that the
expected needs are compatible with the neighborhood.
Hoecke stated that going to such detail is micro management. If a use is compatible,
everything connected with the use would be compatible. Either it is compatible or it
isn't.
VOTE:
The amendment was restated by Hoecke: There shall be no use of a vehicle in
connection with the home occupation that would be in excess of what is appropriate
to that occupation providing that it is compatible with the neighborhood.
The motion and second accepted the amendment.
Unanimous.
(3) Article 8.8.24 Special Uses (Uses of Historic Structures)
Presentation by Mary Willis.
The non - residential use of historic structures is permitted in the AR, RI and RB
zones provided a Class A Special Use Permit is obtained from the Orange County
Board of Commissioners. Standards that must be complies with are specified in
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure may be considered in the Special Use Permit approval process.
The proposed amendment was presented for public hearing on June 26, 1996.
Commissioner Gordon asked if the amendment would allow use of a modem
structure on historic property. Use of a non - historic structure could be approved if
all applicable findings could be met from the standpoint of preserving or enhancing
the historic integrity of the site.
There were no citizen comments.
8/7/96 Planning, Board Minutes
The Planning Staff recommends approval of the proposed amendment (Copy an
attachment to these minutes on page .)
MOTION: Price moved approval as recommended by the Planning Staff. Seconded by Brooks.
VOTE: Unanimous.
b. Subdivision Regulations Text Amendments
(1) Section III -C-4 Action Subsequent to Approval
(Minor subdivision) ,
(2) Section III- D -3(c) Action Subsequent to Approval
(Major Subdivision)
Presentation by Mary Willis.
The Orange County Subdivision Regulations require that subdivision plats be
recorded in the presence of Planning Department Staff. The purpose of this
provision is to insure that all required auxiliary documents, such as Road
Maintenance Agreement and Declarations of Restrictions are recorded with the plat. .
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a final plat is to
be recorded. The Orange County Planning Staff and Register of Deeds Office have
developed a system that instead provides the Register of Deeds with a list of items to
be recorded with the final plat. By providing this information the Register of Deeds
Office knows which documents must accompany the plat, and thus the purpose of
the existing regulations are met without Planning Staff being present.
The proposed amendment was presented for public hearing on June 26, 1996. There
were no citizen comments. There was some discussion with the Register of Deeds to
clarify the purpose of the amendment.
The Planning Staff recommends approval of the proposed amendment (copy an
attachment to these minutes on pages ).
Jobsis asked if the concern from the Register of Deeds was addressed. Willis
responded that she has a letter from the Register of Deeds expressing understanding
and agreement with the proposed amendment.
MOTION: Brooks moved approval as recommended by the Planning Staff. Seconded by
Hoecke.
VOTE: Unanimous.
AGENDA ITEM #10: PLANNING BOARD ITEMS
a. Report on TIP Process
Presentation by Planning Intern, Stephan Rodiger.
Every year the NC Board of Transportation (BOT) adopts a multi -year STIP specifying
needed transportation improvements across the state. If a project is outside the DCHC
Urban Area, then the County can request directly of the BOT that the project be included
APPROVED 11/4/96
ORANGE COUNTY BOARD OF COMMISSIONERS
MINUTES
REGULAR MEETING
SEPTEMBER 3, 1996
12 W ,,
19
The Orange County, Board of Commissioners met in regular session on Tuesday, September 3,
1996 at 7:30 p.m. at the Caldwell Community Center on Highway 157 in Rougemont, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L.
Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod
Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below)
NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES IS
IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. CASSETTE TAPES ARE
KEPT FOR FIVE YEARS.
�. ADD_ IT_IONS OR CHANGES TO THE AGENDA
Commissioner Crowther added to the Items for Decision as item E - Staff Assistance for Citizen
Initiated Ordinance Amendments. Report B was postponed and will be considered at the 9/17 meeting.
I�. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who wish to speak to an item on the printed agenda will be
recognized at the appropriate time on the agenda. He asked about the number of citizens in the audience
who live in Little River Township and found there was one person.
B. MATTERS NOT ON THE PRINTED AGENDA
Ralph Cane spoke about the bridge in the curve on 157 going toward Durham. The
bridge has been constructed, however, they have not finished the short road leading to the bridge. John
Link will investigate and report back to the Board.
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
III. BOARD COMMENTS NONE
11/. COUNTY MANAGER'S REPORT
John Link announced that the statewide bond issue for road improvements would give Orange
County approximately $1.6 million which would pave an additional 12 roads on the secondary road
improvement plan.
Commissioner Halkiotis asked that a committee be set up to promote the statewide school bond
issue. John Link will report back on this request.
V. RESOLUTIONS /PROCLAMATIONS
A. PROCLAMATION IN SUPT_ PORT OF THE THIRD LA FIESTA DEL PUEBLO IN CHAPEL
HILL ON SEPTEMBER 7 AND 8
r
' Department, the Cooperative Extension Service, the UNC -CH
Services, JOCCA, and several community -based organizations. School of Public Health, Piedmont Health
�. THE UNC -CH SCHOOL OF MEDICINE FOR ITS DEPARTMENTS OF F
MED- _L_NE• OBST ROCS AND GYNECULOG qNp pED1ATR1 A ----LY
The Board approved and authorized the Chair to sign the renewal agreement be
Health Department and the UNe -CH School of Medicine for its Departments of Fa .
& Gynecology, and Pediatrics. between the
Family Medicine, Obstetncs
E ZONING ORDINANCE TEXT AMENDMENT _HOME OCCUPATIONS
This item was placed at the end of. the Consent Agenda for separate considers
F. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT: tron.
III -D-3 _ SECTION 111 -C-4 AND
The Board approved this proposed amendment to delete the requirement fora P
member to be present each time a final plat is recorded in the Register of Deeds Office Board recommendation. Panning Staff
per the Planning
C. ZONING ORDINANCE TEXT AMENDMENT - TELECOMMUNIC
This item was placed at the end of the Consent Agenda for separateOconsOid-
H• PROPOSED ZONING ORDINANCE TEXT AMENDMENT HISTORIC tron.
The Board approved this proposed amendment to include histo� pro e TRaS TURES
structures in the consideration of. Special Use Permits for the non - residential use
the Planning Board recommendation. p well as
of historic structures per
L BU —DG_ET AMENDMENT #3
The Board approved the following budget ordinance amendments and rant a
Project ordinances:
GENERAL FUND g and capital
Source - Intergovernmental
Appropriation - Community Maintenance $ 2,000.00
(To budget for additional State funds for Soil and Water) 2,000.00
Source - Intergovernmental
Appropriation - Human Services $ 1,500.00
(To budget for unanticipated State reimbursement for Environmental Health 1,500.00
Source - Intergovernmental )
Appropriation - Human Services $ 1,600.00
(To budget for tourism grant received by the Orange County Library) 1,600.00
Source - Miscellaneous (Appropriations)
Appropriation - Transfers to Other Funds $ (18,442.00)
(Appropriation from Jail Contingency Account for COPSFAST match fund ,442.00
Source - Intergovernmental g )
Appropriation - Public Safety $ 12,000.00
(To budget for drug tax payments from the State for the Sheriffs Dept) 12,000.00
Source - Intergovernmental .
Appropriation - Contributions to Outside Agencies $ 38,459.00
(To budget VOCA pass thru 36,459.00
Source - Miscellaneous ( A gmnt.for Rape Crisis)
ppropriations)
Appropriation - Transfers to Other Funds $ (9,704.00)
(Appropriation from Commissioners' Contingency for impact fee 9,704.00
reimbursement for Habitat for Humanity)
Also see attached Affordable Housing Grant Project Ordinance
Source - Miscellaneous (Revenue)
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date April t_ IR8
21
07,
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT -ART Action Agenda' Item
USE PERMITS FOR MIXED USE OF HISTORIC STRUCTURES
AMENDMENT-ARTICLES 8 and 4- -SPECI
______
DEPARTPIEIJT: PLANNING
Attachment(s):
Proposed Text Amendment*
4/30/84 Request Letter
Historic Structures in Orange
County (Sites)•
11/26/84 Public Hearing Minutes
Draft 3/18/85 Planning Board Minutes
PUBLIC HEARING _yes X No
Information Contact: SUSAN SMITH
Telephone Numbers
Hillsborough - 732 -81.81
Durham - 688 -7331
Mebane - 227 -2031
Chapel Hill - 968 --4501
PURPOSE: To consider a request to amend the Zoning•Ordinan
for nonresidential and mixed use of historic structures liste
on the National. Registry of Historic Places or recognized b
the State of North Carolina as places of Historic interes
through-the Special Use Permit process for•approval.
This item was presented to public hearing on-November 26, 1984
NEED In order to qualify for rehabilitation tax credits an
incentives for historic
" structures, projects must meet th
substantial rehabilitation test" and must be income - producing
Tax credits are determined on the basis of the percentage o
the property producing income.
Under the current zoning ordinance, limited
to allow for non - residential, income- producinovguseo of pro ert,
-located outside of designated activity nodes. H3snori1
structures are generally not located in areas designated a,
activity nodes.
22
074
IMPACT: Amendment of the ordinance would allow the non - residential a
mixed use of recognized historic structures.
RECOMMENDATION:
The Planning Board recommends that the zoning Ordinance
amended to allow for the non - residential and mixed use
historic structures.
The Planning Board also recommends that 8.8.24.2 Standards
Evaluation be revised as indicated by underlining; also,
delete the word "Exterior" in item (c).
- 2.E.24. +i tnric SbructurQs- .Von - 2s
.� _ esidential. Reuse/Mixed Use(ass A Sc
a.4 -2a• -T
Additional Znformatyan
addition- to the info „ tion r
the fallowing sha-LL b2 s squired in ' Sui�sectione 8.2 and
• uPnlisd.as part of the applicst`on
a) The ,site plan; prepared by a +Var'-,' Carolina registers d -
surveyor or• engineer -, shall also contain the
following: land
ng:
: 1)• location width' .. .
Pedestrian ci-IcuLationyp� of a?.L internal vehiar and
+ Z) location and dimensions. Of. all. on-site. si •.
gnage
31 boundaries" of the sita `an
residential. strrscfiures.. distances to neast
' . ' ' • : • b) .Descri,ation: o f tabs • ---� � . • ... ...: .• - ; .
Proposed uses )' of the si �e and the. buildi
�erean, including the- following:-
• Z) Ama.unt cf area allocated to each use
0-
Z) Number of full and part -time em. lnye 'es
3) Number of clients and /or occupants-expected to use the
facility
4) Proposed hours of operation for non. residential us
the, site and within buildings thereon. es of
q Plans or all exzsting••or proposed' st ;uctu' to in
' . floor- 1 L.
.. Pans, elevaC" Ons,. and sections shawing r8sotration /rsh<
itation5 proposed. Description o-f how the t�isterical c
arid. .ct�ractzr of the build style
building is to. - be• enhanced.
d) Landscape plan, at the same scale as the'site plan, shewin
. _ exttsting or, propose-3 zre"�„�s, sf�rubs, gerund cover any
. g
landscape materials . ' _ Y other
e)'Statrment from the- apprcpriats rublic $a'.
agencies
... .
canning uie asethod and adequacy. of water supplyand wa_s` ester
treatment * for the proposed uses...
f) Statement fr= the o apprapria t d
public serv.ce agencies con-
concerning the provision of fire, police and rescue protsctien
to the site and structures.
g) Evidence that the property g ; s
pzed b .y s 1_s -ad an the National Historic
Register or recognized by the Stata of Nortin Carolina as place
Of historic•interest.
h) The proposed development sched6ls for the site
..
..
24
076
8.8.24.2 STA14DARDS OF EVALUATION
The 'following specific standards shall be used in
deciding on an application for this use:
a)- The site.plan submitted meets all requirements
specified-in sub - sections 8.8 a) and .8.8.24.1
a) . -
b) Proposed uses and facilities are complementary
and compatible with the unding A -z , and.
appropriate in -the location proposed given
character of surrounding development. Tai,
x?ronOsed Use of the his Or c structure aba j� be- .
o_ _• suc A nab ru - -sQ as to_L3rp.�e UP. h i gtor i c!
obarac:Ler of the site and tile__ 1i1dmDrT
Development of the site as proposed would have
no AL rep. se impact beyond the building except
for appropriate parking facilities.
C) Exterior structural alterations of historic
structures shall be of such a• nature as to
preserve the historic character . of the
building (s)
d) Fire, police and rescue services and water
supply and wastewater• treatment methods are
adequate to serve the proposed uses and
facilities.
e) Recreational areas, service areas,: parking and
screening are adequate for the proposed use(s).
f) The site is served by direct access to a state --
maintained road.
g) Internal vehicular and pedestrian' circulation
is adequate for the proposed uses(s).•
h) All applicable requireraeni s of Articles 41 51
6, 8. 9,'10 and 12 have been satisfied.
This use is to be a Class A Special,.Use Permit in
the following districts:
AR -.Agricultural Residential
R1 -- Residential 1
T11 P C•- ,�____ .n
- 1 a ro ov G a t
be d for .. (6) yeag - ±_ - ___��X.�_�L�._1.=
,i ; s
r •
to provide for motor vehicle sales /rentals as permitted use in. the CC -3 25
district.
.: VOTE:
UNANIMOUS.
15, PROPO.S D ZONING ORDINANCE TEXT AMEND Fur ARTICLES 8 ant? 4 SPECIAL
USE PERMITS FOR MIXED USE OF liISTORIC STRUCTURES (Amendment recorded in full in
the official Ordinance Book in the office of the Clerk to the Board.)
Motion, was made by Com dssioner Marshall, seconded by Commissioner
Carey, to approve the amendment to the Zoning Ordinance to allow for the non-
residential and mixed use of historic structures, to revise 8.8.24.2 Standards
of Evaluation as indicated by underlining, and to delete the word "Exterior" in
' item (c) .
VOTE: UNANIMOUS.
18 ZONING OIiDII ICE TEXT AMEbID MM ,ARTICLE 2 - PEAL OF DECISION OF
ZCIVING CFFICER (TIME LIMITATION) (A co of the
COPY approved amendment is in the .
official Ordinance Book in the office of the Clerk to the Board.)
Motion was made by Comnissioner Carey, seconded b
Y Y Commissioner
Marshall, to amend Section 2.3.7.2 of the Zoning Ordinance to extend the time
period within which an
appeal for an
interpretation ti o n
0 f
a d e
determination rmina
ti o n
..
by the _
Zoning Officer may be filed from fourteen (14) to thirty '(30) days for
approval.
VOTE: UNANIMOUS.
19. Z Q2DIN9NCE TEXT AMENDL9ENT ARTICLE 3- OFFICIAL ZONING ARIAS
REPLACEMENT (A copy of the approved amendment is in the official Ordinance Book
in the office of the Clerk to the Board.)
Notion was made by Commissioner Marshall, seconded by Commissioner
Willhoit, to amend the Zoning Ordinance, Article 3, to allow for replacement of
the Zoning Atlas by the Planning Department as needed.
VOTE: UNANIMOUS.
20. SUBDIVISION mATIONS TEXT AMEDIN9ETTP- DE�INITIONS(A copy of the
approved text amendment is in the official Ordinance book in the office of the
Clerk to the Board.)
Motion was made by Commissioner Marshall, seconded by Comnissioner
Carey, to amend the Subdivision Regulations replacing the current definition of
a Subdivision - defined with the definition consistent with the State's general
enabling legislation.
VOTE: UNANIMOUS.
21. zoN?INGG OPDI TEXT AMENIDMENT ARTICLE 8 SITE PINS (A copy of the
approved text amendment is in the official Ordinance Book in the office of the
Clerk to the Board.)
r
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall, to amend Article 8 gnt-gial Use PArmits to require that the applicant
submit twenty -six (26) copies of a Class A Special Use Permit site plan and ten
(10) copies of a Class B Special Use Permit site plan to meet the submittal
requirements. t
VOTE: UNANIMOUS.
10. CCMPUTER SOFRWE SALE
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey, to continue the County's practice of sharing data processing software
with other public bodies at no charge, with the County retaining ownership.
rights of what it has developed, and to authorize a pricing and sales agreement
be developed for vendor organizations wishing to purchase the software for
resale.
132
situation. This is prevalent throughout the County. fi c_
Chair Halkiotis said that he has a problem with forcing the issue on this property.
He wants to know if this is a fair process and the impact the taking of this right-of-way has
on this property owner. He does not have a problem with asking DOT to pay for this land.
He said that we need to do a better job of coordinating the County departments.
Commissioner Gordon questions the taking of land without paying for it. She
made reference to the 12-foot gravel drive and asked about the utility pole in the middle of
this driveway. Craig Benedict said that when DOT looks at the final driveway permit, if
there is a relocation. of a utility pole, they would make these arrangements with the
property owner. Commissioner Gordon would like more information on this issue.
Betty Davidson, applicant for the Special Use Permit, said that the process has
been daunting. She has tried to comply with the ordinance. She submitted a prepared
statement of responses to the proposed eight conditions. Regarding condition #4, she
feels that minimally she needs fire extinguishers and mobile escape ladders for anyone
staying upstairs. Regarding condition #6, she has a question about the efficacy of solar-
powered lighting. She would like to look into this to see if it would be enough light in order
to see the sign. Regarding condition #7, which has to do with the dedication of the right-of-
way, she does not accept this. She believes it is unreasonable and unacceptable. This is
family and historic land and she thinks it is offensive and improper to give up this land
without compensation or explanation of reason. She said that she is not creating a
subdivision and should not be asked to comply with an article of an ordinance pertaining to
another use. She has spent in excess of $6,000 in her attempts to comply with all
provisions of the class A special use permit. She is paying taxes on the 1.17 acres. Also,
regarding the recommendation to refer the application to the Historic Preservation
Commission, she thinks this is a duplicative effort and is a very scary proposition after
coming this far in the process. She proposes that this be done when an applicant first
approaches the County. She also made reference to a letter to Craig Benedict regarding a
waiver of land use buffer requirements. A partial waiver was granted in a return letter.
She requests that the tree line be either eliminated or re-designated. One hundred feet
measured perpendicular to the road on either side of the house would still pose a safety
hazard and would alter the historic landscape. She thinks the Olive Branch Inn and Farm
will offer a very unique rural experience.
Commissioner Gordon feels that this is the sort of establishment we are trying to
foster and she appreciates the applicant's efforts.
A motion was made by Commissioner Gordon, seconded by Commissioner
Carey to refer the proposed Class A Special Use Permit to the,
1 ) Historic Preservation Commission to determine whether the proposed use
maintains the historic character of the house and property as required in Section
8.8.24.b of the Orange County Zoning Ordinance.
2) Planning Board fora recommendation on the SUP to be returned to the Board of
County Commissioners no sooner than August 21, 2001.
VOTE: UNANIMOUS
NOTE: The items listed below were continued to an adjourned meeting for May 31
at 7:00 in the Southern Human Services Center in Chapel Hill, North Carolina.
6. Orancie, County Subdivision Amendments
a. Modify Section IV-B-# Streets
1. Amend Section IV-13-3-d-1 Roads
2. Amend Appendix A Private Road Standards, Purpose
3. Amend Section IV-B-3-a
4. Amend Section IV-13-3-b
b. Amend Section III-C-4-(Appi
c. Amend Chictpr Orrwiricit%ne-
6. Orange County Zoning Text Amendments
a. Establish Rural Guest Establishment
b. Amend Detailed Tab—le of Contents
1. Amend article 22 Definitions
2. Amend Section 4.3, Permitted Use Table
3. Amend Article 8 Special uses
4. Amend Article 9 Signage
5. Amend Article 10 Parking
6. Amend Article 12 Landscaping
7. Amend Article 7 Planned Development Requirements
c. Amend Section 1.23.3 Stormwater Infiltration and aetentii
1. ImDervious Strur-hiranna r)=fan*ir%n D^ A 0--;--
a) Residential Development
b) Non Residential Development
7. Adjournment
A motion was made by Commissioner Gordon, seconded by Commissioner
Carey to adjourn this meeting to 7:00 p.m. on Thursday evening, May 31 st, at the Southern
Human Services Center in Chapel Hill, North Carolina.
VOTE: UNANIMOUS
Beverly A. Blythe, CMC Stephen H. Halkiotis, Chair