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HomeMy WebLinkAboutAgenda - 02-24-1997 - C1a, 2b, 3a and 4 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 24, 1997 Action Agenda Item# C 1a, 2b, 3a & 1 SUBJECT: STONEY CREEK BASIN SMALL AREA PLAN IMPLEMENTATION DEPARTMENT: PLANNING PUBLIC HEARING X Yes No BUDGET AMENDMENT REQUIRED Yes—X—No ATTACHMENT(S): INFORMATION CONTACT: Summary of Proposed Amendments Gene Bell Proposed Amendments Extension 2589 Certificate of Mailing TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill-967-9251 PURPOSE: To receive citizen comment on proposed amendments to the Land Use Element of the Comprehensive Plan, Zoning Atlas, Zoning Ordinance, and Subdivision Regulations. BACKGROUND: A public hearing was held on May 28, 1996 to present the proposed Stoney Creek Basin Small Area Plan. The plan emphasized retaining the area's rural character and protecting landowner's rights and also contained recommendations for implementation. The Board of County Commissioners adopted the small area plan on August 5, 1996. Following adoption, the 22 member citizen planning group worked with county staff'to develop proposed ordinance amendments for plan implementation. The proposed amendments would: • Incorporate appropriate references to the Stoney Creek Basin Small Area Plan in the Comprehensive Plan(CP-1-97); • define the Overlay District boundaries on the Zoning Atlas(Z-2-97); U66 • create a Stoney Creek Basin Overlay Zoning District; and • modify Flexible Development provisions in the Subdivision Regulations as applied to the District to provide consistency between the Zoning Ordinance and Subdivision Regulations. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed amendments. - Administration Recommendation The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 1, 1997. i SUMMARY OF PROPOSED AMENDMENTS FOR IMPLEMENTATION OF STONEY CREEK BASIN SMALL AREA PLAN COMPREHENSIVE PLAN-LAND USE ELEMENT CP-1-97 Stoney Creek Basin Small Area Plan 1. 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 ggnerally 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 Basin Small Area Plan Map). 2. Amend SECTION 3.4 - LOCATIONAL CRITERIA to add criteria specific to the Stoney Creek Basin. 3. Amend Section 3.9 - HILLSBOROUGH TOWNSHIP to include the definition of the Stoney Creek Basin. 4. Amend Section 3.10 -ENO TOWNSHIP to include the definition of the Stoney Creek Basin. 5. Amend Section 3.12 -CHAPEL HILL TOWNSHIP to include the definition of the Stoney Creek Basin. 6. Add APPENDIX F - Stoney Creek Basin Small Area Plan Map i ZONING ATI.A.S AMENDMENTS 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. ZONING ORDINANCE TEXT AMENDMENTS 1. 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 6.30 Extra Requirements for the Stoney Creek Basin Overlay District which includes: • 6.30.1 Purpose - States that 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. • 6.30.2 Zoning Ordinance and Subdivision Regulations Generally Applicable - States that within the Stoney Creek Basin Overlay District, provisions of the Orange County Zoning Ordinance and Subdivision Regulations are generally applicable except for certain provisions as specified in Article 6.30.4. • 6.30.3 Land Use Intensities - Identifies Lower Intensity, Intermediate Intensity, and Higher Intensity Development Areas based on the lower, intermediate, and higher levels of land use intensity contained in the Stoney Creek Basin Small Area Plan. 0 6.30.3a Lower Intensity Development Area - Defines the characteristics, location, and acreage of land contained in this category. 0 6.30.3b Intermediate Intensity Development Area - Defines the characteristics, location, and acreage of land contained in this category. 0 6.30.3c Higher Intensity Development Area - Defines the characteristics, location, and acreage of land contained in this category. • 6.30.4 Applicable Regulations Pertaining to Flexible Developments - Identifies the variations from the Flexible Development provisions of Section IV-B-10 of the Orange County Subdivision Regulations applicable in the Stoney Creek Basin Overlay District. • 6.30.5 Stoney Creek Basin Overlay District Map SUBDIVISION IZF(:UATIONS TEXT AMENDMENTS 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. , a ij PROPOSED AMENDMENTS TO ORANGE COUNTY LAND USE PLAN 1. Section 3.1• 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 ggnerally 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 Criteri a-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 F una. No evaluation. Soil Conditions.No evaluation. Publir,Services/Utilities.No evaluation. Transportation System.No evaluation. Energy Use.No evaluation. Existing Land Use.No evaluation. Agriculture and Forestrvrand Forestry.No evaluation. 1 1 � 1 0 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 generally by I-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 generally-by I-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 Chanel Hill Township T 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 generallyby I-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 2 D � a 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. 630.2 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 Ulti 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 I40/Old NC 86 Economic Development District. 6.30.3c Higher Intensity Development Area The`f igher Intensity Development Area includes land designated as higher intensity area 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 u13 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 FLEMBLE DEVELOPMENT PROVISIONS OF SECTION IV-B-10 APPLICABLE IN STONEY CREEK.BASIN OVERLAY DISTRICT Development Area Lower. Intensity Yntermediate Higher Intensity Yatensity 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. i 3 ��/►��' „�.,:,�°�� �-• 0K!_* • �{ fill z MIN '' '111 ►w���� ;�•±:��� �/J) = SON logo ,�.■nii., - ' I�► �.� ■_ ir r, .,. � All MA mo:Hru . A _ - � r file ORANGE COUNTY SUBDIVISION REGULATIONS REVISIONS 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 Board 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. Developments located within the Stoney Creek Basin Overlay District shall comply with provisions of Article 6.30 of the Orange Comty 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. i � t X16 CERTIFICATE OF MAILING IMPLEMENTATION OF STONEY CREEK BASIN SMALL AREA PLAN I, Gene Bell, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On February 7, 1997, I sent by first class mail, postage prepaid, a Notice of Public Hearing to be held on Monday, February 24, at 7:30 PM in the Superior Courtroom of the Orange County Courthouse (New), at 106 East Margaret Lane, Hillsborough, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against proposed amendments for implementation of the Stoney Creek Basin Small Area Plan that would: • Incorporate appropriate references to the Stoney Creek Basin Small Area Plan in the Comprehensive Plan (CP-1-97); • create a Stoney Creek Basin Overlay Zoning District; • define the Overlay District boundaries on the Zoning Atlas (Z-2-97); and • modify Flexible Development provisions in the Subdivision Regulations as applied to the District to provide consistency between the Zoning Ordinance and Subdivision Regulations. The notice was sent to 759 property owners inside the planning area and 211 property owners within 500 feet of the planning area boundaries. i Gene Bell, Planner III Zoning Officer ATTESTM�. 4�� ia Bradshaw --o-- otary u