HomeMy WebLinkAboutAgenda - 02-03-1997 - 9a 1
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 3, 1997
Action Agenda
Item
SUBJECT: ADVERTISEMENT FOR PUBLIC HEARING -FEBRUARY 24, 1997
DEPARTMENT: PLANNING PUBLIC HEARING: Yes_X No
BUDGET AMENDMENT REQUIRED: Yes_X No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Public Hearing Items Planning Director- Extension 2592
TELEPHONE NUMBERS
Hillsborough 732-8181
Durham 688-7331
Mebane 227-2031
Chapel Hill 967-9251
PURPOSE: To approve the advertisement for the February 24, 1997 quarterly public hearing.
BACKGROUND: The next regular quarterly public hearing is scheduled for February 24, 1997. A
summary of each item proposed for public hearing is provided below. The
proposed legal advertisement, the text of proposed ordinance amendments, and
other background information are attached.
STONEY CREEK BASIN SMALL AREA PLAN
• Implementation of Stoney Creek Basin Small Area Plan
The proposed amendments would: incorporate appropriate references to the
Stoney Creek Basin Small Area Plan in the Comprehensive Plan; create a
Stoney Creek Basin Overlay Zoning District and define the boundaries of
that District on the Zoning Atlas; and modify Flexible Development
provisions as applied to the District to provide consistency between the
Zoning Ordinance and Subdivision Regulations.
ZONING ATLAS AMENDMENT
• Z-1-97 Carden's Body and Paint Service
The property is located on the east side of NC 157 between Wagner Road
and Blalock Road. The purpose of the rezoning is to correct an error made
in the initial zoning of Little River Township on January 1, 1994. A two-
acre parcel which was thought to contain an existing business (1.10..1 C)
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was zoned EC-5. The business was recently found to be located on the
adjoining property (1,10..1 G).
ZONING ORDINANCE TEXT AMENDMENTS
• Golf Courses
The proposed amendments would establish standards for the location,
planning, design, construction, operation and maintenance of golf courses
and associated uses. The amendment would also make golf courses a
Class A Special Use rather than a permitted use in residential zoning
districts, and would prohibit golf courses in commercial and industrial
districts and in critical areas of protected watersheds.
• Re-approval of Special Uses
The proposed amendment would allow Special Use Permits which are
subject to time limits to be re-approved by the original approving Board
after receiving a report by the Planning Department that the Special Use
has maintained compliance with provisions of the Special Use Permit.
SPECIAL USE PERMITS
• SUP(A)-1-97 The Inn at Bingham School(Bed and Breakfast)
Renewal of a Class A Special Use Permit for Non-residential Reuse of a
Historic Structure located in Bingham Township at the intersection of NC
Highway 54 West and Mebane Oaks Road.
• SUP(A)-2-97 The Old Place(Bed and Breakfast)
Renewal of a Class A Special Use Permit for Non-residential Reuse of a
Historic Structure located in Cheeks Township west of Saddle Club Road.
• SUP(A)-3-97 Orange Regional Landfill
The proposed Class A Special Use Permit would allow construction of a
4,000 square-foot vehicle maintenance building, and the processing of yard
waste, storm debris and recyclable materials. The 12.76-acre parcel
(Johnson Tract) is located on the north side of Eubanks Road immediately
west of the existing landfill.
• PD-1 -97 Carolina Friends School
Modification of the existing Class A Special Use Permit/Planned
Development for an existing private school in the Rural Buffer to change the
boundaries of the property. Total acreage will remain the same. No new
facilities are proposed.
RECOMMENDATION: The Administration recommends approval of the attached advertisement
for the February 24, 1997 quarterly public hearing.
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NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held in the Superior Courtroom of the New Orange County Courthouse,
106 E. Margaret Lane, Hillsborough,North Carolina, on Monday, February 24, 1997 at 7:30 p.m.
for the purpose of giving all interested citizens an opportunity to speak for or against the following
items:
ORANGE COUNTY LAND USE PLAN AMENDMENTS
1. CP-1-97 Stoney Creek Basin Small Area Plan
a) Amend SECTION 3.3 - LAND USE PLAN CATEGORIES to include Stoney
Creek Basin under the basic category of RURAL and to add the following definition
under LAND USE PLAN CATEGORY DESCRIPTIONS:
STONEY CREEK BASIN, Land within the boundaries of the 4,696 acre Stoney
Creek Drainage Basin southeast of the Town of Hillsborough in portions of
Hillsborough, Eno, and Chapel Hill Townships. The area is triangular in shape
and is bounded gg,nerally_by 1-85 to the north,the University Spur of Southern
Railroad to the east, and NC Highway 86 to the west. The Stoney Creek Basin
Small Area Plan was adopted by the Orange County Board of Commissioners on
August 5, 1996. The plan emphasizes retaining the area's rural character and
protecting landowners' rights(see APPENDIX F- Stoney Creek Basin Small
Area Plan Map).
b) Amend SECTION 3.4 - LOCATIONAL CRITERIA to add criteria specific to the
Stoney Creek Basin.
c) Amend Section 3.9-HILLSBOROUGH TOWNSHIP, Section 3.10 - ENO
TOWNSHIP, and Section 3.12 - CHAPEL HILL TOWNSHIP to include the
definition of the Stoney Creek Basin.
d) Add APPENDIX F - Stoney Creek Basin Small Area Plan Map
ORANGE CQJMJ ZONING ORDINANCE TEXT AMENDMENTS
I. Add ARTICLE 4.2.32 - Stoney Creek Basin Overlay District to specify the intent of the
Stoney Creek Basin Overlay District and define the areas where it will be applied.
2. Add ARTICLE 630 Extra Requirements for the Stoney Creek Basin Overlay District to
define the characteristics, location and acreage of lower, intermediate and higher intensity
development areas, and to specify variations from Flexible Development regulations
contained in Section IV-B-10 of the Subdivisions. The variations from Section IV-B-10,
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which are applicable only to the Stoney Creek Basin Small Overlay District, pertain to
open space calculations, the number and location of bonus units, and the applicability of
the village option.
3. Amend ARTICLE 4.3 PERMITTED USE TABLE to allow a golf course as a Class A
Special Use instead of a permitted use in residential zoning districts, and to prohibit golf
courses in commercial and industrial zoning districts.
4. Delete ARTICLE 6.16.10 ADDITIONAL REQUIREMENTS FOR CERTAIN
PERMITTED USES - RECREATIONAL FACILITIES (PROFIT/NON-PROFIT): GOLF
CLUB AND GOLF COUNTRYCLUB.
5. Amend ARTICLE 6.23 WATERSHED PROTECTION OVERLAY DISTRICTS to
prohibit new golf courses in watershed critical areas, and(outside of critical areas)to allow
the cutting of trees in stream buffers where trees will block the line of play .
6. Amend ARTICLE 22 DEFINITIONS - GOLF COURSE to eliminate minimum acreage
requirements.
7. Add ARTICLE 8.8.7 SPECIAL USES (GOLF COURSES) to include standards for
components of and activities associated with golf courses such as: access, circulation and
parking; landscaping and buffers; maintenance and storage areas; habitat preservation:
construction; stormwater management; maintenance; and pollutant monitoring.
8. Add ARTICLE 8.7.4 RE-APPROVAL OF SPECIAL USE PERMITS SUBJECT TO
TIME LIMITS to allow Special Use Permits granted for a specified period of time to be re-
approved by the Board of Adjustment or Board of Commissioners after receiving a report
from the Planning Department that the Special Use has maintained compliance with
provisions of the Special Use Permit.
ORANGE COUNTY ZONING ATLAS AMENDMIENTS
1. Z-1-97 Carden's Body and Paint Service
The property is located on the east side of NC 157 between Wagner Road and Blalock
Road. The rezoning involves two contiguous parcels: Tax Map Number 1.10..1 C,
containing 2.02 acres owned by Charlie and Jeroline Mangum; and 1.10..1 G, containing
10.97 acres owned by William H. Carden,Jr. The purpose of the rezoning is to correct an
error made in the initial zoning of Little River Township on January, 1994. The Mangum
property (1.10..1C) was thought to contain an existing business (Cardens Body and Paint
Service)and was zoned EC-5 (Existing Commercial). The actual location of the business is
immediately north of the Mangum property, on parcel 1.10..1 G. The proposed rezoning
includes: rezoning the Mangum property from EC to AR (Agricultural Residential); and
rezoning 3.0 acres of the Carden property from AR to EC-5 to accommodate the existing
commercial building,parking areas,well and septic system.
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2. Z-2-97 Stoney Creek Basin Overlay District
Revise the Orange County Zoning Atlas to define the boundaries of the Stoney Creek
Basin Overlay District except for the portion of the area located within the Rural Buffer
Zoning District.
ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
1. Amend Section IV-B-10 - FLEXIBLE DEVELOPMENT, Section B - Applicability, to
specify that Flexible Developments located within the Stoney Creek Basin Overlay
District shall comply with provisions of Article 6.30 of the Orange County Zoning
Ordinance.
CLASS A SPECIAL USE PERMIT
1. SUP(A)-1-97 The Inn at Bingham School
The property is located on the northeast corner of NC 54 and Mebane Oaks Road in
Bingham Township It contains 9.98 acres and is identified as Tax Map Number 6.17..19.
The applicants are requesting renewal of a Class A Special Use Permit which would allow
the existing historic structure to continue to be operated as a bed and breakfast inn.
2. SUP(A)-2-97 The Old Place
The property is located on the west side of Saddle Club Road approximately one mile south
of High Rock Road in Cheeks Township It contains 11.83 acres and is identified as Tax
Map Number 3.1..68. The applicants are requesting renewal of a Class A Special Use
Permit which would allow the existing historic structure to continue to be operated as a bed
and breakfast inn.
3. SUP(A)-3-97 Orange Regional Landfill
The property is located on north side of Eubanks Road immediately west on the existing
Orange Regional Landfill. It contains 12.76 acres and is identified as Tax Map Number
7.18..27D. The applicant is requesting approval of a Class A Special Use Permit to
construct a 4000 square-foot vehicle maintenance building,to process yard waste and storm
debris, and to process recyclable materials. The current zoning of the property is RB
(Rural Buffer).
4. PD-1-97 Carolina Friends School(Modification)
Carolina Friends School is an existing private school located in the Rural Buffer Zoning
District on the north side of Mt. Sinai Road west of Friends School Road, with access
provided by Friends School Road. The property contains about 34 acres and is known as
Tax map lots 20A, 20B and 26A of Tax Map 7, and lot 2 of Tax Map 6, in Chapel Hill
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township.The school currently operates under a Class A Special Use Permit due to the type
and size of the sewage disposal system and the use of multiple structures. The Special Use
Permit was originally issued in 1990 and was modified in 1992, 1993 and 1996. The
proposed modification is to change the boundaries of the subject property. Total acreage
and school enrollment will not be increased. The school facilities will not be expanded with
this modification request.
The specific text amendments proposed as described in this notice are available for public
inspection at the Orange County Planning Department.
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, 306F 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 (Durham), 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.
Marvin Collins,Planning Director
PUBLISH: News of Orange Chanel Hill Herald
February 12, 1997 February 13, 1997
February 19, 1997 February 20, 1997
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PROPOSED AMENDMENTS TO ORANGE COUNTY LAND USE PLAN
1. Section 3.3: Land Use Plan Categories
• To the basic category heading of RURAL, add Stoney Creek Basin.
• Under LAND USE PLAN CATEGORY DESCRIPTIONS, add:
STONEY CREEK BASIN. Land within the boundaries of the 4,696 acre Stoney Creek
Drainage Basin southeast of the Town of Hillsborough in portions of Hillsborough, Eno,
and Chapel Hill Townships. The area is triangular in shape and is bounded generally by
I-85 to the north,the University Spur of Southern Railroad to the east, and NC Highway
86 to the west. The Stoney Creek Basin Small Area Plan was adopted by the Orange
County Board of Commissioners on August 5, 1996. The plan emphasizes retaining the
area's rural character and protecting landowners' rights (see APPENDIX F - Stoney
Creek Small Area Plan Map).
2. Section 3.4: Locational Criteria-Add the following:
(Refer to the Spring 1995 UNC Students' Report- "Three Development Options: Conventional,
Density-Neutral,Neo-Traditional" and the Stoney Creek Basin Small Area Plan adopted by the
Orange County Board of Commissioners on August 5, 1996, for details.)
PLAN CATEGORY: STONEY CREEK BASIN
Land Slone. No evaluation.
Hydrology. Located within the boundaries of the 4,696 acre Stoney Creek Drainage
Basin southeast of the Town of Hillsborough in portions of Hillsborough, Eno, and
Chapel Hill Townships.
Flora and Fauna. No evaluation.
Soil Conditions.No evaluation.
Public Services/Utilities. No evaluation.
Transportation System.No evaluation.
Energy Use. No evaluation.
Existing Land Use.No evaluation.
Agriculture and Forestry.No evaluation.
1
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Population Density. No evaluation.
Historic and Cultural.No evaluation.
3. Section 3.9 Hillsborough Township
Distribution of Land Use Plan Categories -Add the following:
STONEY CREEK BASIN, Land within the boundaries of the 4,696 acre Stoney Creek
Drainage Basin southeast of the Town of Hillsborough. The area is triangular in shape
and is bounded gguffally-by 1-85 to the north,the University Spur of Southern Railroad
to the east,and NC Highway 86 to the west. A portion of the area lies in the southeast
portion of Hillsborough Township. The Stoney Creek Basin Small Area Plan was adopted
by the Orange County Board of Commissioners on August 5, 1996. The plan
emphasizes retaining the area's rural character and protecting landowners' rights(see
APPENDIX F - Stoney Creek Small Area Plan Map).
4. Section 3.10 Eno Township
Distribution of Land Use Plan Categories-Add the following:
STONEY CREEK BASIN, Land within the boundaries of the 4,696 acre Stoney Creek
Drainage Basin southeast of the Town of Hillsborough. The area is triangular in shape
and is bounded ggnaAUy_by 1-85 to the north,the University Spur of Southern Railroad
to the east, and NC Highway 86 to the west. A portion of the area lies in the southwest
portion of Eno Township. The Stoney Creek Basin Small Area Plan was adopted by the
Orange County Board of Commissioners on August 5, 1996. The plan emphasizes
retaining the area's rural character and protecting landowners' rights(see APPENDIX F -
Stoney Creek Small Area Plan Map).
5. Section 3.12 !Q_h=I Hill Township
Distribution of Land Use Plan Categories-Add the following:
STONEY CREEK BASIN, Land within the boundaries of the 4,696 acre Stoney Creek
Drainage Basin southeast of the Town of Hillsborough. The area is triangular in shape
and is bounded Z=graUy_by 1-85 to the north,the University Spur of Southern Railroad
to the east, and NC Highway 86 to the west. A portion of the area lies in the north-central
portion of Chapel Hill Township. The Stoney Creek Basin Small Area Plan was adopted
by the Orange County Board of Commissioners on August 5, 1996. The plan
emphasizes retaining the area's rural character and protecting landowners' rights(see
APPENDIX F - Stoney Creek Small Area Plan Map).
6. APPENDIX
Add APPENDIX F - Stoney Creek Small Area Plan Map
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ORANGE COUNTY ZONING ORDINANCE REVISIONS
ARTICLE 4.2 DISTRICT STATEMENTS OF INTENT AND APPLICATION
CRITERIA
4.2.32 Stoney Creek Basin Overlay District (NEW)
a) Intent
The purpose of the Stoney Creek Basin Overlay District is to implement the
Stoney Creek Basin Small Area Plan by encouraging the creation of open
space and by limiting density increases within the more rural portions of the
area generally defined as the Stoney Creek drainage basin.
b) Application Criteria
This district will be applied to all of the areas contained in the Stoney Creek
Basin Small Area Plan,except for the portion of the Plan area located within
the Rural Buffer Zoning District. The Stoney Creek Basin Small Area Plan and
Map was adopted by the Orange County Board of Commissioners on August 5,
1996. The Map is included as Appendix F of the Land Use Element of the
Comprehensive Plan.
ARTICLE 6 APPLICATION OF DIMENSIONAL REQUIREMENTS
6.30 Extra Requirements for the Stoney Creek Basin Overlay District
(NEW)
6.30.1 Purpose
The Stoney Creek Basin Overlay District is intended to implement the Stoney Creek
Basin Small Area Plan by modifying certain Flexible Development regulations as
contained in Section IV-B-10 of the Orange County Subdivision Regulations,to
encourage the distribution and intensity of development areas and open space as
specified in the Plan.
6.30.2 Zoning Ordinance and Subdivision Regulations Generally Applicable
Within the Stoney Creek Basin Overlay District, provisions of the Orange County
Zoning Ordinance and Subdivision Regulations for the underlying zoning districts are
applicable,except for certain provisions as specified in Article 6.30.4.
1
20
6.30.3 Land Use Intensities
Three levels of land use intensity are contained in the Stoney Creek Basin Small Area
Plan. These area are designated in the Plan as lower, intermediate, and higher
intensity areas,which are identified,respectively, as Lower Intensity,Intermediate
Intensity,and Higher Intensity Development Areas within the Stoney Creek Basin
Overlay Zoning District.
6.30.3a Lower Intensity Development Area
The Lower Intensity Development Area includes land designated as lower intensity
area in the Stoney Creek Basin Small Area Plan. The Lower Intensity area best typifies
the area's remaining rural character and is proposed to have the lowest average
development densities in the future. The current character of the area is residential
development on relatively large lots,with a considerable number consisting of large
undeveloped tracts(both open and forested),and active farm land. The Lower Intensity
area lies mostly in the central and southern part of the study area. A portion also
extends north to I-85 in the undeveloped area east of Strayhorn Hills. It contains 2502
acres, 725 of which are contained in Duke Forest or the Stoney Creek wildlife corridor.
6.30.3b Intermediate Intensity Development Area
The Intermediate Intensity Development Area includes land designated as intermediate
intensity area in the Stoney Creek Basin Small Area Plan. The Intermediate Intensity
area is intended to provide a transition between higher and lower intensity areas. It is
envisioned as being predominantly residential with density being determined in large
part by the character of existing development. The Intermediate Intensity area contains
1205 acres, and includes the existing residential developments of Strayhom Hills and
Wyngate, areas bordering University Station Road along the eastern side of the Plan
area, and area west of NC 86 adjacent to the I-40/Old NC 86 Economic Development
District.
6.30.3c Higher Intensity Development Area
The Higher Intensity Development Area includes land designated as higher intensity
arcs in the Stoney Creek Basin Small Area Plan and is generally synonymous with areas
designated in the Land Use Element of the Comprehensive Plan as Ten or Twenty-Year
Transition Area. In the future, land within the Higher Intensity area will likely be
annexed into the municipalities of Hillsborough or Durham. A mix of land uses is
possible. The Higher Intensity area contains 699 acres, most of which lies in the
western and northwestern parts of the Stoney Creek Basin Plan Area, with one smaller
portion situated on the eastern tip of the area adjacent to the I-85/US 70 Economic
Development District.
2
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6.30.4 Applicable Regulations Pertaining to Flexible Developments
Flexible Development regulations contained in Article IV-B-10 of the Subdivision
Regulations shall apply within the Stoney Creek Basin Overlay District, except as
indicated in the Table below:
VARIATIONS FROM FLEXIBLE.DEVELOPMENT PROVISIONS OF SECTION IV-B-1Q
APPLICABLE IN STONEY CREEK BASIN OVERLAY DISTRICT
Development Areg
L ower Intensity Intermediate Higher Intensity
Intensity
Calculation of Open Space Active recreation area 50%of active recreation area may be
may not be included in included in open space calculations,per
open space Section IV-B-10 of the Subdivision
calculations Regulations.
Number of 33.1 - 50.0% One additional dwelling unit per two acres of open space above 33%
Bonus Units Open Space
50+%Open One additional dwelling unit per two acres of open space between
Space 33%and 50% ,plus one additional dwelling unit per acre of open
space above 50%
Location of Bonus Units Bonus units may not Bonus units may be Bonus units may
be located in the located in a flexible only be located in a
Lower Intensity development in the flexible development
Development Areas, Intermediate in the Higher
but may be located in Intensity or Higher Intensity
a flexible development Intensity Development Area.
in the Intermediate Development Areas.
Intensity or Higher
Intensity Development
Areas.
Village Option Village option not Village option permitted,but Village Proper
permitted. limited to 50 acres.
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ORANGE COUNTY SUBDIVISION REGULATIONS REVISIONS 13
Section IV-B-10 FLEXIBLE DEVELOPMENT
Section B Applicability
Flexible Development is permitted in all residential zoning districts except the
Rural Buffer(RB) zoning district,but only upon approval of a Major
Subdivision Preliminary Plat by the Boar of County Commissioners. All
Flexible Development subdivision plats shall comply with the requirements
and standards specified herein and in all respects with other applicable codes
and ordinances to the extent that they are not in conflict with these provisions,
provided, however.that Flexible Developments located within the Stoney
Creek Basin Overlay District shall comply with provisions of Article 6.30 of
the Orange Comly Zoning Ordinance. Applicants seeking approval of a
Minor Subdivision Final Plat by the Planning Department are encouraged to
work with the Planning Department staff in identifying and preserving open
space areas as part of such developments.
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Dear Property Owner:
All or part of the property shown on the map below is proposed to be zoned to a non-residential
zoning district as indicated. Please call Mary Willis at the Planning Department (732-8181,
extension 2583) if you have any questions or concerns about the proposed size or location of the
proposed district.
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12119196 Final Draft I
DRAFT OUTLINE
GOLF COURSE STANDARDS
8.8.7 Golf Courses
8.8.7.1 Intent and Applicability
8.8.7.2 Submittal Requirements
a. Site Analysis
b. Biological Inventory
c. Environmental Assessment
d. Grading and Erosion Control Plan
e. Stormwater Management Plan
f Utilities Plan
g. Landscape Plan
h. Resources Management and Mitigation Plan
i. Integrated Pest Management Program
j. Hazardous Materials Management Plan
8.8.7.3 Standards for Golf Courses
a. Siting Course Components
b. Access,Circulation,and Parking
C. Maintenance and Storage Areas
d. Habitat Areas
e. Landscaping and Buffers
f Stormwater Management
9- Mitigation Plan
8.8.7.4 Construction
a. Drainage
b. Grading and Erosion Control
C. Solid Waste Management
8.8.7.5 Operation And Maintenance
a. Integrated Pest Management(IPM)
b. Best Management Practices(BMP's)
C. Irrigation
d. Habitat Maintenance
e. Maintenance of Improvements
19
12119196 Final Draft 2
f. Solid Waste Management
8.8.7.6 Pollutant Monitoring Program
a. Baseline and Construction Monitoring
b. Operations Monitoring
c. Parameters for Sample Testing
d. Reporting
e. Management Response to Pollutant Monitoring
20
12119196 Final Draft 3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: Zoning Ordinance
REFERENCE: Article 4.3 Permitted Use Table
Article 6.16.10 Recreational Facilities(Profit/Non-profit)
Article 6.23 Extra Requirements for Watershed Protection Overlay Districts
Article 6.23.1 Land Use Restrictions
Article 8.8 Regulations Governing Individual Special Uses
Article 8.8.7 Golf Courses [new]
Article 22 Definitions-Golf Course
ORIGIN OF AMENDMENT: Staff Planning Board
X BOCC Public
Other: Golf CART
Expected Public Hearing Date: February 24, 1997
Purpose of Amendment: To provide standards for the location, planning, design, construction,
operation,and maintenance of golf courses and associated uses.
Background: During discussion of the Rural Character Strategies and the University Station
Project, citizens and advisory board members expressed concern over the potential impacts of golf
courses, particularly when allowed as a use of open space required with residential development.
Currently, a golf course is a permitted use in most zoning districts; however, there are no specific
standards in the ordinance to address impacts to the environment.
In 1995 the Board of County Commissioners adopted Natural Resource Preservation as one of its
Goals for FY 1995-96. One of the objectives included in the goal was development of standards
and approval procedures for golf courses. This initiative was continued on May 14, 1996, as the
Commissioners adopted Goals for FY 1996-97.
On August 20, 1996, the Board of Commissioners adopted a charge and appointed members to
the Golf Course Amendment Review Task Force (Golf CART). The Golf CART began
meeting in September 1996 and continued its work through December.
The work of the Golf CART was an attempt to address the design and environmental issues which
are traditionally of greatest concern when a golf course is proposed. The most noticeable impact
from a golf course is usually a large area of disturbance(removal of vegetation and grading). Other
21
12119196 Final Draft 4
impacts may include pollution of air, water, and soil from long-term use of fertilizers, pesticides,
loss of habitat and displacement of wildlife, erosion and sedimentation, alteration of the
microclimate, changes to the visual environment, and water supply demand for irrigation. These
potential impacts are not associated with every golf course. Research completed to date is
insufficient to identify widespread problems.
The proposed ordinance amendments were not drafted to target a particular problem with
existing golf courses in Orange County, but to prevent degradation of the environment from golf
course developments proposed in the future. The text of the amendment reflects the philosophy of
the task force which was to try to address adverse impacts and safety concerns while leaving
aesthetics and style of play to the discretion of the golf course owner.
As part of the proposed changes to the Zoning Ordinance, in Article 4.3, a golf course would be
allowed as a Class A Special Use rather than a permitted use in AR and residential zoning districts.
It would no longer be permitted in commercial or industrial districts. Revisions to Article 6 include
deleting the four(4) current"standards" for golf courses (6.16.10), prohibiting new golf courses in
critical areas of protected watersheds (6.23.1), and allowing trees to be cut in a stream buffer when
they block the line of play (6.23.7). The definition of golf course in Article 22 is also revised to
remove minimum acreage requirements.
A new section of Article 8, Special Uses, is proposed to include standards for components of golf
courses such as access, circulation, and parking; landscaping and buffers; habitat areas,
maintenance and storage areas, etc. Provisions for activities such as construction, irrigation,
stormwater management, maintenance, and pollutant monitoring are proposed as well. Minimum
required acreages for courses with nine or eighteen holes were not included because the task force
decided that other standards and dimensional requirements such as setbacks, buffers, and habitat
protection would have more effect on the quality of site design than a minimum lot size for the use.
Furthermore, different styles of course such as regulation, executive, championship, or youth
courses have different acreage requirements based on variations in design.
Points recommended for further discussion: In their deliberations, the Golf CART discussed
(without reaching consensus) other sections of the Zoning Ordinance which may need
reconsideration to effectively address golf courses and possibly other similar large scale land uses.
Some task force members felt that the civil penalties established in Article 23 to remedy a violation
of the ordinance would not be large enough in proportion to the size of a golf course development
project to elicit corrective action from a land owner once he or she had failed to respond to a written
notification of violation. Other members suggested that a Stop Work Order (also in Article 23)
would be more effective when a golf course developer is not in compliance with the terms of a
Special Use Permit.
Article 8.7 of the Zoning Ordinance contains provisions for changing a Special Use Permit after
the original approval. Minor changes may be approved by the Zoning Officer, while modifications
that do not meet the ten criteria for minor changes are subject to review at a public hearing before
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12119196 Final Draft 5
the Board which approved the original application. The task force was concerned that some of the
criteria used to distinguish a Special Use Permit modification from a minor change would not be
appropriate when applied to a project with the size and complexity of a golf course.
For example,an increase in usable floor area or an increase in the size or number of approved signs
constitutes a modification requiring a public hearing. Given that 1) floor area is not an appropriate
measure of the intensity of a golf course as a land use, and 2) that a golf course typically includes
numerous signs that are not visible from a public road, the current criteria listed in Article 8.7.1
could be re-evaluated so that changes which are small in proportion to the use are considered minor
and eligible for administrative review.
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12119196 Final Draft 6
EXISTING ORDINANCE PROVISIONS:
4.3 Permitted Use Table
[Refer to attachment 6a,page 4-17 of the Zoning Ordinance, specifically use
535, Recreational Facilities (Profit/Non profit): Golf Club and Golf Countryclub]
6.16.10 Recreational Facilities (1!rofit/Non-Pr9fitl
The following restrictions shall be applied to profit or non-profit recreational
facilities such as a golf course or country club with golf course:
a) The minimum lot area shall be 50 acres.
b) No building shall be closer than 20 feet to a property line or the minimum
requirements of the district whichever is greater.
C) No more than 2 identification signs,not to exceed 16 square feet each and
not located closer than 1 foot to the right-of-way.
d) No adverse impacts such as noise or glare shall extend beyond the lot
boundaries.
Article 22 Definitions
Golf Course-A tract of land designed and laid out for the game of golf,including
accessory uses and buildings. The minimum area for a nine hole course shall
be fifty acres.The minimum area for an eighteen hole golf course shall be
one hundred acres.
6.23 Extra Requirements for Watershed Protection Overlay Districts
6.23.1 Land Use Restrictions
[See attachment 6b]
6.23.7 Stream Buffers
Amendments: (1) 1-5-87 PERMITTED = TABLE `
(2) 3-1-94
• - PERMITTED USE
A a CLASS A SPECIAL USE (ARTICLE 8)
B - CLASS B SPECIAL USE (ARTICLE 8)
RD AR R1 R2 R3 R4 RS R8 R13 LC1 NC2 CC3 GC4 ECS OI EI I1 I2 I3 AS ED PIDI PIDII
S29 Offices i Personal Services That
Generate Medium Traffic Volumes i Have
No Adverse Impacts Beyond The Lot
Boundaries
S30 Offices i Personal Services That
Generate High Traffic Volumes i Have
No Adverse Impacts Beyond the Zoning
District Boundary
S31 Petroleum Products: Storage
Distribution
CUA
S32 Postal i Parcel Delivery Services
a
►�- S33 Printing i Lithography
i J
S34 Recreational Facilities (Non-Profit) B B B B B B B B B B B B B B B B B
S35 Recreational Facilities-+Pfe€ib011en- - - —
Prsit)r Golf A A A A A A A 1A A
S36 Recreational Facilities (Profit)
v
S37 Repair Service Electronic i Appliance ' ' ' ' p
C) 0
'n S38 Research Facility A • • . . A A o
O m
M S39 Restaurants: Carry Out ' ' ' ' o
v n
3 S40 Restaurants: Drive In Z
Z S41 Restaurants: General ' ' ' ' 3
Z
3
m
Z
RD AR R1 R2 R3 R4 RS R8 R13 LC1 NC2 CC3 GC4 ECS OI BI I1 I2 I3 AS ED PIDI PIDII
( ) A (2)
T
r.
7
n)
N
O
H
N w
Q M
Ct
Final Draft 6b
25
*6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY
DISTRICTS
*Amended
1/1/94
Pursuant to requirements of North Carolina General Statute 143-214.5(Chapter 143, Article 21),
thirteen (13) Watershed Protection Overlay Districts, as described in Article 4.2.27,Wof this
Ordinance, have been established for lands within the watersheds of existing or potential drinking
water rivers and reservoirs. These districts overlay other zoning districts established in this
Ordinance and delineated on the Orange County Zoning Atlas. Wherever standards of the
underlying zoning district differ from the watershed overlay standards, the more restrictive
provisions shall apply.
6.23.1 LAND USE RESTRICTIONS
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions:
DISTRICT LAND USE RESTRICTIONS
UNIV-CA
UNIV-PW No new landfills are permitted.
CANE-CA No commercial or industrial uses are permitted.
U-ENO-CA No new golf courses are permitted.—
1 UNIV-CA
CANE-CA No sludge application is permitted.
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW No discharging landfills are permitted.
LPITLE-PW Industrial use is limited to non-Hazardous light industrial uses characterized by
BACK-PW low water use (less than 10,000 gpd, excluding domestic water (25 gpd per
FLAT-PW employee) and water used for heating and air conduioning).
HAW-PW
L-ENO-PW
JORDAN-PW
6-26
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12119196 Final Draft 7
c) Land Disturbance and Planting of Vegetation
I Area within a stream buffer which is subject to serious erosion may
be disturbed for the purpose of planting and maintaining erosion-
resistant vegetative cover.
2) Existing forested areas or any other healthy vegetation cannot be
removed from a stream buffer,except where replaced with
vegetation resulting in comparable stormwater runoff velocity and
quantity one year after planting.
3) New vegetation shall be planted to capture non-source pollutants
before they reach the perennial stream,as per applicable Orange
County Standards.
PROPOSED ZONING ORDINANCE TEXT AMENDMENT:-[FINAL DRAFT 12/19/961
43 Permitted Use Table
[Refer to the attachment of page 4-17 of the Zoning Ordinance, specifically, use
S35, Recreational Facilities(ProfitlNon-profit): Golf Club and Goy'Counoyclub,
proposed as a Class A Special Use instead of permitted use.I
Article 6.16.10 Rpprspatianal Rapilitipm M*AfitmAn APAGA
U—e-fie–UP-AA4 FeAr-io6eas sM1 be applied te pr-efit or-nee pFefik r-eefeafienal
&eilifies swh as a gelfeeuEse er-oeua#y elub y4th gelf oeuFse-i
a) The wAaimum let afea shall be 50 aer-es.
b) Ne Miding sim4l be eleser-than 20 feet te a pr-epefty line or-th
Fequkeawme ef the distfiet wWehe*er-is gFeatef.
0) Ne mefe dim 2 idenfifieation signs,mt te eieeed 16 squw feet eaek afw
net leeated eleser-dme 1 feet te the r-igM ef way.
Article 6.23 Extra Requirements for Watershed Protection Overlay Districts
[Refer to attachment indicating proposed language added to the table in Article
6.23.1 to prohibit new golf courses in the critical areas of protected watersheds.
Note that commercial uses are currently prohibited in critical areas, therefore, the
• 27
12119196 Final Draft 8
effect of the change would be to prohibit public/non-profit courses. The task force
determined that courses proposed as part of a residential development typically
would be considered commercial uses currently prohibited in critical areas by
6.23.1 J
Article 6.23.7 Stream Buffers (Proposed text is underlined in this section only.)
c) Land Disturbance and Planting of Vegetation
1) Area within a stream buffer which is subject to serious erosion
f may be disturbed for the purpose of planting and maintaining
erosion-resistant vegetative cover.
2) Existing forested areas or any other healthy vegetation cannot be
removed from a stream buffer, except where replaced with
vegetation resulting in comparable stormwater runoff velocity
and quantity one year after planting. An exception shall be
allowed for golf courses where the line of play crosses a stream
buffer, Only trees which obstruct the intended line of play may
be cut provided stumps and root mass are not removed and trees
which are cut can be removed in a sensitive manner which
minimizes additional disturbance to the stream buffer,
3) New vegetation shall be planted to capture non-source pollutants
before they reach the per-eaais4 stream,as per applicable Orange
County Standards.
Article 8 Special Uses
8.8 Regulations Governing Individual Special Uses
8.8.7 (New) Golf Courses
8.8.7.1 Inten t
12119196 Final Draft 9
The purpose of this article is to protect natural, visual, and cultural resources by
regulating the location, planning, design, construction, operation, and maintenance
of golf courses and associated uses.
Applicability
The standards contained herein shall apply to all new golf courses, whether
proposed as a principal use or as part of a residential subdivision, or included in a
Planned Development District. Existing golf courses shall comply with the
requirements of this article when fifty percent or more of the golf holes are
concurrently reconstructed or altered.
8.8.7.2 Submittal Requirements
In addition to the plans and documents specified in Articles 8.2, 8.8, and 14.2, the
applicant shall submit the following:
a. A written and graphic site analysis illustrating soils, depth to water table,
slope, hydrology, vegetation, natural areas and habitats of special concern,
infrastructure and other manmade features,historic and archaeological sites,
and a visual analysis of views into and from the site;
b. A biological inventory which identifies habitat diversity, species diversity,
species of special concern such as those designated as threatened or
endangered, last known sighting, candidate species likely to be present
which may warrant protection, specimen trees outstanding in size and/or
species, and the status and source of the information compiled in the
inventory. The biological inventory shall be accompanied by an analysis
describing habitat integrity, relationships between habitats and to ecological
communities off site, any existing threats to flora and fauna, and potential
for habitat enhancement;
C. An Environmental Assessment as required by the Orange County
Environmental Impact Ordinance;
d. Grading and Erosion Control Plan;
e. Stormwater Management Plan;
f Utilities Plan, including schematic irrigation plan;
9. Landscape Plan;
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12119196 Final Draft ft I 0
h. Resources Management and Mitigation Plan including, but not limited to,
construction policies, methods for protecting water resources and natural
areas, pollutant monitoring program, restoration and mitigation plan for
wetlands and other habitats, federal permits as may be required for alteration
of wetlands, maintenance specifications for on-going site management,
including solid waste,water conservation plan;
i. Integrated Pest Management Program demonstrating a monitoring program
for pest problems as well as biological and chemical methods to control
weeds, insects,and disease;and
j. Hazardous Materials Management Plan, including a description of the
program for application, storage, and handling of pesticides, fertilizers,
swimming pool chemicals, and any other hazardous substances; a Material
Safety Data Sheet listing each substance, its known impacts, physical
properties, and protective measures; a Tier Two form stating the location
and quantity of each substance; and building and site plans showing location
and quantities of hazardous materials.
8.8.7,3 Standards or wolf Courses
The following standards are not intended to address every aspect of golf course
planning, but should communicate a design objective to be applied throughout the
project development. Alternatives to the standards listed may be considered if the
applicant can clearly show that the proposal meets the intent of the ordinance.
a, Siting Course Components
(1) The style and length of the course proposed shall be designed to fit
the existing site conditions with minimal changes. Locations of
structures, parking, tees, fairways, greens, and other site elements
shall be planned to minimize land disturbance and clearing of
existing vegetation;
(2) The minimum setback from street rights-of-way and
property/boundary lines to the center line of play of a hole is 150
feet. The minimum setback from the tee shall be 75 feet;
(3) A driving range shall be internally oriented. Tee boxes shall be a
minimum of 75 feet from road rights-of-way and property
boundaries;
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12119196 Final Draft I
(4) No greens or tees shall be located where the depth to the water table
is less than four(4) feet. A minimum depth of four(4) feet shall also
be maintained between subsurface drainage systems under turf areas
and groundwater or bedrock; and
(5) Buildings designated for storage and handling of pesticides and
fertilizers shall be located a minimum of 100 feet from water
sources, wells,ponds, and streams,or outside a stream buffer,
whichever is greater.
b. Access,Circulation,and Parking
(1) For a golf course proposed as a principal use, access to the site shall
be limited to one (1) main entrance and one (1)service entrance per
existing road frontage. If multiple uses are proposed with the golf
course as part of a Planned Development such as additional
recreational facilities and/or residential development, all such uses
shall share a common interior access road, which may connect to
existing roads more than once;
(2) Parking shall be provided in accordance with Article 10 and
landscaped as per Article 12;
(3) Between all use areas, safe and adequate access for pedestrians
including the handicapped is required. Minimize conflicts between
pedestrian and vehicular circulation. Caution signs shall be posted at
all intersections of roads,cart paths,and pedestrian walkways;
(4) Where a stream or other habitat crossing is unavoidable,a boardwalk
or raised bridge with a free-span design shall be used to minimize
adverse impacts. Other design solutions may be considered if
disturbance is minimal and wildlife mobility is maintained;and
(5) All vehicular and pedestrian surfaces shall be designed and graded to
be visually unobtrusive.
C. Maintenance and Storage Areas
(1) Maintenance and storage areas include, but are not limited to, the
following:
• maintenance equipment storage and service areas;
• solid waste collection/recycling sites;
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12119196 Final Draft 12
• golf cart parking and service areas;
• chemical storage and handling sites; and
• service areas associated with a clubhouse, swimming pool,
and tennis courts,or other amenities.
(2) All such uses listed above shall be located and screened to minimize
visual impact to public roads and adjacent properties;
(3) Runoff from maintenance and storage areas shall be collected and
pollutants filtered before release; and
(4) Facilities shall be provided for composting and recycling organic
matter such as branches, clippings, and leaves from course and
landscape maintenance and, shall be incorporated into a
' comprehensive solid waste management plan.
d. Habitat Areas
Habitats shall be identified and evaluated in the biological inventory
required by Article 8.8.7.2b, and are subject to the following:
(1) An undisturbed buffer is required around the boundary of habitats of
rare, threatened, or endangered species as shown on the biological
inventory. Buffer width shall be determined by site evaluation in
consultation with the applicant's biologist and local and State
officials;
(2) Habitat enhancements as described in the biological inventory shall
be made for a broad range of species to help mitigate the loss of
wildlife habitat during construction. Examples include preserving,
planting, and maintaining a variety of native vegetation (also dead
trees and snags); installing structures conducive for nesting such as
bird houses or bat boxes designed and located for various species; or
creating wetlands;
(3) Conservation easements are encouraged to protect wetlands and
other habitats while insuring proper long-term maintenance;and
(4) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited public
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
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12119196 Final Draft 13
e. Landscaping and Buffers
(1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as indicated on the
approved landscape plan in accordance with the provisions of
Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be installed and maintained
between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(c) Corridors connecting habitats identified in the biological
inventory shall be preserved along fence rows, streams, buffers,
or other wooded areas. If destroyed during construction, such
connections shall be restored using appropriate plant materials;
(d) Stream buffers shall be provided as per Article 6.23 of the
Zoning Ordinance;
(e) In out of play wooded areas, the mulch layer shall be retained;
and
(f) Trees cleared for the course,road,and building construction
shall either be used for timber purposes or shredded for
landscape mulch.All stumps shall be shredded for mulch or
composting,buried,or burned after obtaining appropriate
permits;
(2) Parking lots and outdoor storage areas shall be landscaped and
screened as per the standards set forth in Article 12 of the Zoning
Ordinance;
(3) Berms, fences and walls may be used with plant materials for
screening, provided such features are designed and located in
harmony with other site features and functions;
(4) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
structures,including free-standing entrance signs;and
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12119196 Final Draft 14
(5) Turfgrasses shall be selected using drought, pest, and disease
resistant species and/or cultivars.
E Stormwater Management
(1) Each golf course shall provide a system of stormwater management
in accordance with the standards contained in Articles 6.23.3 and
6.23.4 of the Zoning Ordinance. The stormwater management plan
shall be reviewed by the Orange County Erosion Control Division;
(2) The rate of runoff from the site shall not be increased over pre-
development conditions;
(3) The stormwater management system must respect existing drainage
patterns. Direct runoff away from erosion-prone slopes. Paved paths
may be used to channel runoff;
(4) Energy dissipaters such as rip rap aprons shall be used where runoff
is concentrated and discharged, for example, at downspouts from
rooftops and storm drains at parking areas. Runoff shall not be
discharged directly into surface water or other environmentally
sensitive areas ; and
g. Mitigation Plan
The intent of this Article is preservation and protection of natural habitats.
However, a mitigation plan is required when any wetland or other
environmentally sensitive area identified in the biological inventory will be
altered as a result of construction or operation of the golf course or other
facility (including infrastructure) associated with the golf course
development. The mitigation plan shall include the following:
(1) An assessment of the ecological value of resources that will be lost
and a statement of how that value will be replaced through
mitigation;
(2) A specific statement of the goals and objectives, i.e., exactly what
steps will be taken to compensate for lost habitat,etc.;
(3) Detailed descriptions in the form of grading plans, construction
plans, and planting plans to illustrate how the objectives will be
carried out;
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12119196 Final Draft 15
(4) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives. Include a list of parties
responsible for monitoring and maintenance, a schedule for each,
and how results will be reported at least twice a year to the Planning
and Inspections Department;
(5) A contingency plan including how the site will be protected from
impacts by human and unwanted animal intrusion, alternate plant
species and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area is
established;and
(6) A financial guarantee is required for the total cost of the mitigation
project. Once the installation is complete,thirty percent(30%)of the
amount of the bond,letter of credit,or escrow will be held for twelve
(12)months or until the site is established,whichever is greater.
8.8.7.4 Construction
a. Drainage
(1) All drainage structures shall be installed and maintained according to
the approved Stormwater Management Plan.
(2) Golf courses that include retention/detention ponds shall comply
with the requirements in Article 6.23.4, Operation and Maintenance
of Structural Best Management Practices.
b. Grading and Erosion Control
(1) Plans for grading'and erosion control must comply with standards
contained in the Orange County Erosion and Sediment Control
Ordinance and Manual;
(2) Whenever practical, construction shall be phased to minimize
disturbance and sedimentation;
(3) sediment control measures must be properly installed to filter
sediment from runoff during construction and shall be maintained
until grading is complete and a permanent vegetative cover has been
established and all slopes stabilized;and
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12119196 Final Draft 16
(4) Permanent landscaping, groundcover, mulch, etc. must be installed
as soon as practical after construction activities for each phase are
completed.
C. Solid Waste Management
The Solid Waste Management Plan submitted as part of the Resources
Management Plan shall include the method(s) of disposal and recycling of
construction debris.
8.8.7.5 Operation and Maintenance
a. Integrated Pest Management(IPM)
An integrated pest management plan(IPM) shall be established based on
site conditions, soils, pesticide properties and management practices. The
plan shall be updated as necessary to incorporate changes in pesticide
choices,applications, etc. Revised plans shall be provided to the Planning
and Inspections Department within ten days of said change(s). The IPM
plan shall include the following:
(1)Monitoring of potential pest populations;
(2)Developing and integrating biological, cultural and chemical
control strategies. Integration shall include educating and
training golf course personnel in biological and chemical
control strategies;
(3)Timing and spot treatment preferences using chemical,
biological or cultural methods;
(4)Evaluating results on an ongoing basis;
(5) Setting thresholds for pest problems and using control
treatments only when exceeded and only in areas where the
thresholds have been exceeded;
(6) Scouting by qualified personnel trained to recognize pest
problems at an early stage;
(7) Specifying local problems and treatment methods for disease
control, insect control and weed control;
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12119196 Final Draft 17
(8) Identifying the pesticides that will be used at the golf course.
Include protocols used for selection of the pesticides that are
most environmentally sensitive. Selection is based on,at a
minimum, a Tier I level risk assessment developed by the
Water and Environment Research Foundation(WERF)or
equivalent U.S. Environmental Protection Agency approved
protocols;
(9)A pesticide safety program including storage,handling,
disposal,and application considerations.
(a) In accordance with the Federal Insecticide,Fungicide,and
Rodenticide Act and the Resource Conservation and
Recovery Act,all pesticides must be applied and disposed
of in a manner consistent with the instructions on the
product label;and
(b)Notice must be posted in several conspicuous locations on
the site to advise,in advance if possible,of the date,time,
specific location,chemical,and rate of application each
time a chemical is applied anywhere in the landscape;and
(1 Q)A spill prevention and response plan for containment of
pesticides and other chemicals.
b. Best Management Practices (BMP'S)for Maintenance
As part of the Resources Management Plan,the applicant shall submit a plan
to establish best management practices(BMP's)for the golf course and
maintenance facilities which shall include the following:
(1)Isolate potential contaminants from the soil and water during
delivery, storage and use of such contaminants at the golf
course;
(2)Do not discharge any material other than clean stormwater onto
the ground;
(3) Pesticide storage shall be in a separate room or building designated for
these materials only. The building shall have an appropriate
containment and collection system that will allow chemicals and or
water to be recycled;
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12119196 Final Draft 18
(4) Loading of pesticides and mixing with water or oil dilutants
shall be done over an impermeable surface with a collection
system that will allow chemicals and or water to be recycled;
(5) Washing of pesticide application equipment shall be conducted
in an area so that water and chemicals are recycled;
(6) Fertilizer storage area shall be covered; and
(7) Washing of maintenance equipment shall occur in an area that
is covered from the elements. Runoff from the maintenance
area shall be drained to a common point,filtered through a
grease trap, and recycled. Grass clippings and debris collected from
washing may be composted.
C. Irrigation
(1) Irrigation systems shall be designed and operated according to a water
conservation plan described in the Resources Management Plan
submitted with the application;
(2) The schematic irrigation plan required by 8.8.7.2f shall identify the
source(s)of water to be used for irrigation,the volume available for that
purpose, and expected consumption rates. The system design and plan
for operation will be evaluated based on efficiency; and
(3) Use water recycled from stormwater retention ponds, or treated
sewage effluent,where it is a safe alternative.
d. Habitat Maintenance
(1) Habitats identified in the biological 'inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement;and
(2) Maintenance of habitats shall be minimal, consisting primarily of
maintaining buffers and enhancements, removal of exotic (non-
native) plant species, and keeping drainage ways functioning
properly-
e. Maintenance of Improvements
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12119196 Final Draft 19
All site improvements such as roads, utilities (including irrigation and
drainage structures), the golf course, habitat enhancements, recreational
amenities, signage, landscaping, etc. shall be maintained in function and
appearance. Maintenance specifications for on-going site management shall
be submitted as part of the Resources Management Plan.
L Solid Waste Management
The Resources Management Plan shall include a program for the on-going
recycling and composting of refuse from course and landscape maintenance,
as well as solid waste from other course facilities such as a clubhouse.
8.8.7.6 Pollutant Monitoring Program
An ongoing environmental monitoring program shall be established as part of the
Resources Management Plan to assess the presence of pollutants in surface water,
groundwater, and sediment on site. The monitoring program shall include the
following:
a. Base Line and Construction Monitoring.
(1)Base line monitoring shall be conducted for the three consecutive
months immediately prior to commencement of construction of any
component of the golf course development;
(2)A minimum of three(3)surface water sample stations will be
established. A minimum of three(3) ground water wells will be
installed.A minimum of one(1)sediment sample station will be
established; and
(3) Parameters for sampling shall be as provided in 8.8.7.6c below.
r
(4)During construction of the golf course, obtain quarterly samples from
the same stations required in 8.8.7.6a(2)above;
b. Operations Monitoring
(1)The same stations required in 8.8.7.6a(2)above shall be used to
monitor operation of the golf course;
(2)A minimum of three(3) samples will be taken at each of the surface
water sample locations, two(2)groundwater samples at each of the
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12119196 Final Draft 20
ground water sample locations, and one(1) sediment sample will be
taken;
(3) Monitoring will continue on a quarterly schedule for a period of three
years from the start of golf course operations. After three years,
monitoring may be reduced to two times per year for surface and
groundwater. The three-year period may be extended if pollutant levels
exceed thresholds established by U.S. Environmental Protection
Agency health advisory limits(HAL)and/or standards set by the North
Carolina Department of Environment,Health and Natural Resources;
and
(4)Parameters for sampling shall be as provided in 8.8.7.6c below.
C. Parameters for Sample Testing
(1)Total phosphorous,nitrate-nitrogen,total suspended solids,turbidity
and pesticides will be analyzed for each sample time; and
(2)The Pollutant Monitoring Program submitted with the application as
part of the Resources Management Plan shall list the pesticides that
will be analyzed and the rationale for such selections,which shall be
based on the Tier I risk assessment set forth in Article 8.8.7.5a(8)
above.
d. Reporting
(1)All surface water, ground water and sediment quality monitoring
results will be submitted within 45 days of collection to the Orange
County Health Department,Division of Environmental Health,and/or
the North Carolina Department of Environment,Health and Natural
Resources,Division of Water Quality;and
(2)An annual report will be submitted on a date established by the
Planning and Inspections Department.
e. Management Response to Pollutant Monitoring
(1)If contaminants are found that may reasonably be attributed to the
construction,operation,and/or maintenance of the golf course,
management plans shall be reviewed to assess the problem.
Appropriate adjustments in the resource management and/or integrated
40
12119196 Final Draft 21
pest management plans shall be made to prevent further
contamination; and
(2) If sampling and analysis indicate a trend toward increased
concentrations of contaminants or if the U.S. Environmental Protection
Agency health advisory limits (HAL) or State ground or surface water
standards for thresholds are exceeded,then the use of the chemicals or
the parent compounds of the metabolites found shall be suspended
until appropriate corrective measures are taken and the management
plans are reviewed and modified to prevent further contamination.
Article 22 Definitions
Golf Course -A tract of land designed and laid out for the game of golf, including
accessory uses and buildings. The i i -a fef a fine he eewse shag be My
- The * * ea fer- an eigMeen hele gelf sewse shaN be ene htmdr-ed-
aefes. The use includes courses associated with a golf cgunta club. MLblic and
pd=courses-courses M=sed as a principal use as well as those planned as part
of a residential or recreational development.
Goff CART/Ordinance Review:
Planning Board:
BOCC:
41
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 8.8 Special Uses(Re-approval of Time-Limited Special Use
Permits)
ORIGIN OF AMENDMENT: _X_Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION: High_X_Middle Low
Comment:
PUBLIC HEARING DATE: February 24, 1997
PURPOSE OF AMENDMENT:
To consider an amendment which would simplify the re-approval of Special Use Permits
approved for a limited time period.
IMPACTS/ISSUES:
Of the 25 uses contained in the Table of Permitted Uses that may require Special Use Permit
approval,only the three uses listed below are subject to time limits:
1) Temporary Use of a Residential Mobile Home(Class B)- 1 year
(Allows use of a mobile home in addition to the principal residence, for care of sick or
elderly family members)
2) Historic Sites-Non-residential Reuse/Mixed Use(Class A)-6 years
3) Special Events(Class B)- 1 year
Currently, re-approval of time-limited Special Use Permits follows the same process as would be
required if it were a new use. The approval process for Class B Special Use Permits includes a
public hearing before the Board of Adjustment. The approval process for Class A Special Use
Permits includes a public hearing before the Board of Commissioners and Planning Board, a
meeting of the Planning Board to make its recommendation, and a meeting of the Board of
Commissioners to make its decision.
Four Class A Special Use Permits for the non-residential use of historic structures have been
approved by the Board of Commissioners (three bed and breakfast inns and one gift shop) Two of
42
the Special Use Permits (Bingham School Inn and The Old Place) have expired and are being
presented for public hearing on February 24, 1997. Review of the operations indicate no change
since the permits were originally approved. Re-approval of Green Hill,and Reba and Roses will be
required prior to the expiration of the current Special Use Permits. The Special Use Permits for
Green Hill, and Reba and Roses,will expire 11/4/97 and 2/5/02,respectively.
Five Class B Special Use Permits have been approved for the Temporary Use of a Residential
Mobile Home. Four of the five were originally approved between 1981 and 1985. One of the four
was re-approved for three consecutive years. All four of those mobile homes have since been
removed. The most recent permit was issued in August 1994 and remains in use.
The proposed amendment would simplify the re-approval process. Application materials would not
be required, except as necessary to provide Planning Staff with information to confirm compliance
with conditions of approval.
43
PROPOSED AMENDMENT:
8.7 Minor Changes to be Approved by Zoning Officer;
Modifications Require Action by Approving Board
The Zoning Officer is authorized to approve minor changes in the approved plans
of Special Uses, as long as they are in harmony with action of the approving
Board, but shall not have the power to approve changes that constitute a
modification of the approval. A modification shall require approval of the Board
having jurisdiction.
8.7.1 Criteria To Be Used In Determination
a) Any change in a condition imposed during the approval of a special use
permit shall constitute a modification.
b) Any change in use or enlargement of existing use shall constitute a
modification.
C) Any increase in intensity of use shall constitute a modification. An
increase in intensity of use shall be considered to be an increase in usable
floor area, an increase in the number of dwelling or lodging units.
d) Structural alterations which significantly affects the basic size, form, style,
ornamentation, and/or character of the building as shown on the approved
site plan or described in the applicants narrative shall be considered a
modification.
e) Substantial change in the amount and/or location of open space, recreation
facilities or landscape screening shall constitute a modification.
f) Any increase in the size or number of approved signs shall constitute a
modification.
g) Any change in parking areas resulting in an increase or reduction of five
percent or more in the number of spaces approved shall constitute a
modification.
h) Substantial changes in pedestrian and/or vehicular access or circulation
shall constitute a modification.
i) Any change in a setback required by the provisions of this Ordinance or
imposed as a condition of approval shall constitute a modification.
44
j) Any change in the location or extent of street and utility improvements or
rights-of=way, including water, sewer and storm drainage facilities, which
would provide a different level of service shall constitute a modification.
8.7.2 Review of Record Required
The Zoning Officer shall,before making a determination as to whether a proposed
action is a minor change or a modification, review the record of the proceedings on
the original application for approval of the Special Use. The determination shall
be based upon the request of the applicant,the review of the record of the approval
of the original request and the Zoning Officer's findings under the criteria of
Section 8.7.1.
8.7.3 Action Required on Proposed Minor Changes or Modifications
The Zoning Officer shall, if it is determined that the proposed action is a minor
change, state the findings in writing to the applicant. The applicant shall file with
the Zoning Officer an amended site plan,or written statement, outlining in detail
the minor change(s)proposed. The Zoning Officer shall file the amended site plan
or written statement with the approved site plan.
If it is determined that the proposed action is a modification,the Zoning Officer
shall require the applicant to submit a request for modification of the approved
special use permit. The applicant shall provide an amended site plan and written
narrative outlining the specific changes requested. The Zoning Officer shall
submit the request to the Board which approved the original application. The
Board shall set a public hearing to receive testimony concerning the modification
request. Any public hearing called pursuant to a modification of an approved
special use permit shall be held in conformity with the requirements of Section
8.4.4. The Board may approve, approve with conditions or disapproved the
application for a modification. The Zoning Officer shall file the Board's action in
his office as an amendment request to the original application.
8.7.4 Renewal of Special Use Permits Subject to Time Limits
Unless otherwise =cified in Article 8.8. Spgcial Uses that are time-limited by this
Ordinance shall be renewed or re-ap=ved by the as rovi g Board after recd* * a
report from the Plug Department that the Special Use is. and has been
continuously since it was issued, in compliance with provisions of he Special Use
Permit.
The approving Board shall not renew a time-liYn&d Serial Use Permit if it is
determined that the=Iicant has failed to comply with the conditions of approval. I£
45
the approving Board does not renew the permit the permit shall become null and
void upon the expiration of the applicable 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 The Orange County Planning
Department shall present its report on the compliance of the special use to the
approving Board no later than ninety (90) days before the expiration of the Special
Use Permit.
46
SUP-1-97
(Renewal of SUP-1-85)
The Inn at Bingham School
Applicants: Francois and Christina Deprez
Zoning: Agricultural Residential
Cane-PW
Not to Scale
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PLAT REFERENCES CARTLYN LLOYD 5o-_172 -
47
1'
mbe lmn at 381nabam cfjoat
Bed and Breakfast
Frangois&Christina Deprez„Innkeepers 1
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a w (Renewal of SUP-1-89) ��� y y
. z The Old Place 23 •
jX Applicants: Joe and Avis Rice o�Qj/ 32 AC.
a ° Zoning: Agricultural Residential o�°iCP,
Back-PW 1
Scale: 1 inch = 400 feet
0� 3767 39 co
• •9748 I'
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JOSEPH A. RICE L 'J�f�`� �
1 600 SADDLE CLUB ROAD —
MEBANE, N . C. 27302
TELEPHONE: (9 1 9) 563- 1 733
November 6, 1996
Orange County Planning Department
Attention: Mary B. Willis
P. O. Box 8181
306-F Revere Road
Hillsborough, N. C. 27278
Re: Paisley-Rice Log House
Dear Ms. Willis:
With reference to our telephone conversation concerning the re-application of a
Class A Special Use permit to continue The Old Place Bed and Breakfast, this is to
confirm that there have been no changes in the status of said premises to date. It is my
understanding there will be no fee at this time for the permit.
If you have any questions or require any further information, please feel free to
contact me.
Sincerely,
r l�
Joe A. Rice
OCP111.066
z
50
(PLEASE TYPE OR PRINT - INK ONLY) 8/88
APPLICATION FOR CLASS A SPECIAL USE PERMIT
ORANGE COUNTY BOARD OF COMMISSIONERS
DATE: 1 / Cv / 97
APPLICATION NUMBER: PD-
I (We) request a Class A Special Use Permit as provided for in Article 8 of the
Orange County Zoning Ordinance for q. k',r-1
6 are 5di4 .1o6...so a
cOr-� a `oK.o� La a ;o ti 6.j to i-
ttitri
The following information is provided in support of this request:
A. PROPERTY INFORMATION:
Street Address or Location: 1=u-e S.R.. 172 C-�— 4 4;11 Ac-
Orange County Tax Map l g� Block — Lot(s) 2.7 n Township .)
Zoning District(s): ML - J o ANA+ P6.4 ..&C, b,. ; +
Lot/Parcel Size: 1-2,.-746 A•0rzs acres or aVsrss A10,;LS'. 4�p square feet
Number of`Existing Buildings: —4— Grass Floor Area: —'IV square feet
Number of Proposed Buildings: 1 Gross Floor Area: 4.,000 . square feet
Water Supply: Public (Specify) Community Individual
Wastewater Disposah?w .'c Public (Specify) -- Community~ — Individual
School District: C-k.; l i+11 Fire District: We.a Hojee
General Land Uses in'Area: 1.,•t. .Jj r..f'w•-
Critical Areas: --- Stream/Drainageway Flood Prone Area
Pet., Hoff Watershed (Specify) — Historic Site
Other (Explain)
B. SITE PLAN INFORMATION:
Twenty-six (26) copies of a Site Plan, prepared by a registered North Carolina
surveyor or engineer, are provided as required by Article 8.8 and which contain the
following information:
,
✓ North point, scale, and date.
✓ Extent of area to be developed.
V-1 � Locations and widths of all easements and rights-of-way within or adjacent to
the site.
Location of all existing and proposed structures on the site.
✓ Location of all areas on the site subject to flood hazard or inundation as shown
on flood maps or soils maps.
Location of all water courses on the site, including direction of flow.
✓ Existing topography at a contour interval of five (5) feet based on mean sea
level datum.
'✓ Existing and proposed fencing, screening, gates, parking, service, and storage
areas.
Access to site, including sight distances on all roads used for access.
(PLEASE COMPLETE REVERSE SIDE)
51
C. OTHER SUBMITTAL INFORMATION:
✓� Elevations of all structures proposed to be used in the development.
✓ Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy
with the property in question clearly marked.
✓ The names and addresses of the property owner(s) and/or applicant(s), and the
names and addresses are all persons owning property within five hundred
(500) feet of the property in question.
✓ Application fee as set by the Orange County Board of Commissioners.
A Traffic impact study as required by Article 13 of the Zoning Ordinance.
ua Additional information regarding the proposed Special Use as required by
Article 8 of the Zoning Ordinance.
✓ Narrative (or letters from appropriate agencies) indicating:
1. Method and adequacy of provision of sewage disposal facilities, solid
waste disposal, and water service. Where public sewer is not
available, a letter from the Orange County Health Department
certifying the suitability of the existing and/or proposed
wastewater treatment system for the property.
2. Method and adequacy of police, fire, and rescue squad protection.
3. Method and adequacy of vehicular access to the site and traffic
conditions around the site.
I (We), the applicant(s), hereby certify that the foregoing application and supporting
documentation is complete and accurate. I understand that it shall be my (our)
responsibility to present evidence to the Board of Commissioners the form of testimony,
exhibits, documents, models, plans, and the like to support the request for approval of the
Class A Special Use Permit.
APPLICANT SIG TURE(S)
�_! ! 97
DATE
NOTE: If title to the above mentioned property Is not in the name of the applicant(s),
please include a letter from the owner(s) signifying approval of the request.
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FEES: Amount $ 90 Date Paid: ! !?7^ Receipt # /U 53 I _
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' Carolina Friends School
4809 Fnen&Sdwol Road I Durham NC 27705 J (919)353-6602 1 (919)929-ISM t FAX(919)385-6009
f
December 9, 1996
w
Emily Cameron,Planner 1.
Orange County Planning Department
PO Box 8281
Hillsborough,NC 27278
Dear Ms. Cameron.
We are requesting an amendment to the Friends School Special Use Permit to change the
boundaries of our campus located on Friends School Road. The campus will remain the
same size but will be re-configured as the proposed boundary survey indicates. We have
been given the opportunity to swap land with Duke University which we believe is a
wonderful opportunity for both parties. With the proposed configuration Duke University
plans to extend the Duke Forest trail system and Friends School will prepare a ten year
master plan for the campus.
At this time we are asking for approval of an amendment to our Special Use Permit to ?
allow the proposed land exchange with Duke University. The net acreage will remain the
same at 33.94 acres. No new facilities or change in vehicular access are indicated. The
master play which will follow approval of this land exchange vaill study expansion on the i
campus including parking,new buildings and new access from Friends School Road. That
planning work is pending and will begin when this modification receives approval. Myou
have questions or we can clarify any information„please call us.
i
Sincerely,
i
John McGovern i
s..
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