HomeMy WebLinkAboutAgenda - 02-24-1997 - C3c ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 24, 1997
Action Agenda
Item# C 3c
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT
Article 8.8.24 Special Uses-Historic Sites Non-Residential Use/Mixed Use
DEPARTMENT: PLANNING PUBLIC HEARING_X—Yes No
BUDGET AMENDMENT REQUIRED Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Amendment Mary Willis
Extension 2583
TELEPHONE NUMBERS:
Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill-967-9251
PURPOSE: To receive citizen comment on a proposed amendment which would allow the
Board of Commissioners to re-approve Special Use Permits for non-residential
use of historic sites upon receipt of a report from the Planning Staff that the use
has maintained compliance with the provisions of the Special Use Permit.
BACKGROUND: On April 1, 1985, the Zoning Ordinance was amended to allow historic
structures outside of activity nodes to be used for non-residential purposes.
The use is allowed with approval of a Class A Special Use Permit in the
Agricultural Residential (AR), Rural Residential (R1) and Rural Buffer (RB)
zoning districts. A time limit of six years was included to provide for a
periodic review to assure that the integrity of the historic site was maintained.
Continuation of the use beyond six years requires re-approval by the Board of
Commissioners. Re-approval under current regulations requires submittal of
a new application and preparation of public hearing agenda materials, as if it
were a new use.
J
Special use permits for non-residential use of the following historic sites have
been approved by the Board of Commissioners:
1) Bingham School Inn(Bed and Breakfast) -approved 9/3/85
2) The Old Place(Bed and Breakfast) -approved 10/17/89
3) Green Hill(Bed and Breakfast)- approved 11/4/91
4) Reba and Roses(gift shop/nursery) -approved 2/5/96
There are no known instances of non-compliance or citizen complaints
concerning any of these uses. Bingham School Inn and The Old Place have
expired and are being presented for public hearing on February 24, 1997. 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.
The proposed amendment would allow the Board of Commissioners to re-
approve special use permits for non-residential use of historic sites at a
regular meeting, upon receiving a compliance report from-Planning Staff. If
compliance has been maintained, then the permit could be re-approved, If
compliance has not been maintained, then the permit would expire at the end
of its 6-year time limit. In that case, the applicant could submit a new
application, as if it were a new use. Likewise, submittal of a new application
would be required if modification of the original permit was proposed.
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 text amendment.
Administration Recommendation
The Administration recommends that the proposed amendment be
referred to the Planning Board for a recommendation to be returned
to the Board of Commissioners no sooner than April 1, 1997.
PROPOSED AMENDMENT:
Article 8.8.24 HISTORIC SITES NON-RESIDENTIAL REUSE/M XED USE
(CLASS A SPECIAL USE)
8.8.24.1 Additional Information
In addition to the information required in Subsections 8.2 and 8.8, the
following shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land surveyor
or engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and
pedestrian circulation
2) Location and dimensions of all on-site signage.
3) Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed uses(s) of the site and the buildings
thereon, including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the
facility.
4) Proposed hours of operation for non-residential uses of the
site and within buildings thereon.
c) Building plans for all existing or proposed structures to include floor
plans, elevation, and sections showing restoration or rehabilitation
proposed. Description of how the historical style and character of the
building and/or property is to be enhanced.
d) Landscape Plan,at the same scale as the site plan, showing existing or
proposed trees, shrubs,ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning
the method and adequacy of water supply and wastewater treatment
for the proposed uses.
f) Statement from the appropriate public service agencies concerning
the provision of fire, police and rescue protection to the site and
structures.
g) Evidence that the property is listed on the National Historic Register
or recognized by the State of North Carolina as a place of historic
interest.
h) The proposed development schedule for the site.
8.8.24.2 Standards of Evaluation
The following specific standards shall be used in deciding on an application
for this use:
a) The site plan meets all requirements specified in sub-sections 8.8 a)
and 8.8.24.1 a).
b) Proposed uses and facilities are complementary and compatible with
the surrounding area, and appropriate in the location proposed given
the character of surrounding development. The proposed use of the
historic site shall be of such a nature as to preserve the historic
character of the site and building. Developmenf of the site as
proposed would have no adverse impact beyond the building except
for appropriate parking facilities.
C) Structural alterations of historic structures shall be of such a nature as
to preserve the historic character of the building(s)and site.
d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed used and
facilities.
e) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
f) The site is served by direct access to a State-maintained road.
g) Internal vehicular and pedestrian circulation is adequate for the
proposed use(s).
h) All applicable requirements of Articles 4, 5, 6, 8, 9, 10 and 12 have
been satisfied.
This Class A Special Use Permit,if approved, shall be valid for six(6)years,
but may be renewed or re-�pnro,�ved by the Board of Commissioners after
receiving a report from the Planning.D=artment that the use is. and has been
continuously since it was issued, in compliance with provisions of the
Special Use Permit The Orange Co un Planning Department Shall p resent
its report on the compliance of the special use no later than ninety (990) day
before the expiration of the Special Use Permit
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has filed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit he
permit shall become null and void upon the expiration of the time limit,
If the Special Use permit is not renewed or re-approved then the applicant
may submit a new application as if it were a new use,