Loading...
HomeMy WebLinkAboutAgenda - 04-01-1997 - 8i 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1 . 1997 Action Agenda Item#—I--1 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 8.8.24 Special Uses-Historic Sites Non-Residential Use/Mixed Use DEPARTMENT: PLANNING PUBLIC HEARING Yes X No BUDGET AMENDMENT REQUIRED Yes X No ATTACHMENT(S): INFORMATION CONTACT: Proposed Amendment Mary Willis 2/24/97 Public Hearing Minutes Extension 2583 3/6/97 Planning Board Minutes(draft) TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider 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. 2 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. The proposed amendment was presented for public hearing on February 24, 1997. There were no citizen or Board comments. The Planning Board recommended approval of the proposed amendment on March 6, 1997. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the proposed amendment. 3 PROPOSED AMENDMENT: Article 8.8.24 HISTORIC SITES NON-RESIDENTIAL REUSE/MIXED 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. 4 r 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. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. C) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s)and site. d) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed 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-approved by the Board of Commissioners after Pc wing a report from the Planning Department that the use is and has been ` continuously since it was issued. in compliance with provisions of the Special Use Permit. The Orange County Planning Department shall present its report on the compliance of the special use no later than ninety (90) days before the expiration of the Special Use Permit. The Board of Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. If the Board of Commissioners does not renew the permit. the permit shall become null and void upon the expiration of the time limit. If the Special Use permit is not renewed or re-approved. then the applicant may submit a new application as if it were a new use. February 24, 1997 Public Hearing Minutes 6 1 Craig Thompson,a Task Force member,commended the work of this group. He is a golf course 2 suPerIntendent He felt that this is a good document One concern that he has is over regulating golf courses while 3 ignoring other pow►harmful land uses. For example,Walmart;schools. The other concem he has is how the 4 docununt will be Interpreted and who will be charged with that task He asked that the County Attorney Ioo1r at this 5 issues. He asked that the Special Use Permit not be used for the 9011'course process and that the deflnil o k in the 6 document be ee<efi,lly established. 7 a Ben Lbyd spoke in support of the game of golf as a past time in our county. He mentioned that he has 9 discussed this docwnent with a builder m another state who felt that our regulations would prohibit him from building 10 a golf course in our county. He felt&W golf courses have many a vironfm"benefltg. They are not harmful. He 11 felt that this document was too strict 12 13 A motion was made by Commissioner Carey.Jr.,seconded by Corrxrmissioner Brown,to refer the Proposed 14 amendments to the Planning Board for a reconi nmwistion to be Ntumed to the Board of Commissioners no sooner 15 than May 5. 1997. 16 VOTE: UNANIMO S 17 18 (c) Re-approval of Special Use Permits 19 1) Article 8.8.24 Historic Skes Non-Residential Use/Mixed Use 20 (Class A Special Use) 21 This item was presented by May VWNS for the purpose of receiving citizen comment 22 on a proposed amendment which would allow the Board of Commissioners to re-approve Special Use Permits for 23 non-residenWi use of historic sites upon receipt of a report from Me Planning Staff that the use has n aftWned 24 compbrios with the provisions d the Special Use permit On April 1,1966.the Zoning Ordinance was amended to 25 allow historic structures outside of activity nodes to be used for non-residential purposes. The use is allowed with 26 approval of a Class A Special Use Permit in the Agrkultural Residential(AR),Rural Residential(RI)and Rural Buffer 27 (RB)zoning districts. A lima limit of six years was included to provide for a periodic review to assure that the integrity 28 of the historic sift was maintained. Continuation of the use beyond six years requires re-approval by the Board of 29 Commissioners. ReApproval under aunent regulations requires submittaE of a new application and preparation of 30 pulft hearing agenda rnaterab,as if it WON a new use. Special Use permits for non-nesidendal use of htsUorac sites 31 have been.approvtd by the Board of Commissioners for the Bingham School Inn,The Old P4M Green Hill and 32 Reba amd Roses, There are no known instances of no or citizen complaints concern any of these uses. 33 The proposed amendment would allow the Board of Commissioners to re-approve special use pern ib for non- 34 residential use of historic sites at a regular meeting.upon receiving a compliance report from Planning Staff.If 35 corm roe has been maintained.then the permit could be re-approved. If compliance has not been maintained.then 36 the permit would expire at the end of its&year time limit. In that case,the applicant could submit a new application, 37 as if it were a new use. Likewise,submittal of a new application would be required if modification of the or*W permit 38 was proposed 39 40 COMMENTS A_NDMR QUESTIOM FROM THE BOARD OF C NM: None 41 42 None 43 44 COMNEW773 R QUESTONS FROM GMT= None. 45 46 A matron vas made by Commissioner Gordon,seconded by Commissioner Carey,Jr..to refer the Proposed 47 amendment b tAt Planning Board fora m be returned to the Board of Corrrrmioners no sooner 48 than April 1,19W 49 VOTE UNANMIK= 50 51 4. Subdivision Regulamtions Text Amendments 52 (a) Section IV-8-10 Fledble Development Section 8-Applicability 53 This itenn was heard concunwd with C1. 54 • • Draft 2/6/97 Planning Board Minutes 7 Belk reported that Commission heard a presentation by the graduate class from UNC Department on City and Regional Planning that is preparing a National Register Nomination for the Oaks Community. The final report will be presented to the HPC at its April meeting. Staff is also completing the work on the program report for the Landmark Designation Program. d. Ordinance Review Committee No meeting. e. Golf Course Amendment Review Task Force(Golf CART) No meeting. AGENDA ITEM#8: MATTERS HEARD AT PUBLIC HEARING(2/24/97) a. Zoning Ordinance Amendment (1) Special Use Permit-Historic Sites Presentation by Mary Willis. This item is to consider 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. 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(RI)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 submittal of a new application and preparation of public hearing agenda materials,as if it were a new use. There are four historic sites that currently have special use permits for non-residential uses and there have been no known instances of non- compliance or citizen complaints concerning any of these uses. 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 would expire at the end of its 6-year 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. The proposed amendment was presented for public hearing on February 24, 1997 and there were no citizen or Board comments. Draft 3/6/97 Draft Public Hearing Minutes 8 The Planning Staff recommends approval of the proposed amendment. MOTION: Katz moved approval as recommended by the Planning Staff. Seconded by Strayhom. VOTE: Unanimous. b. Zoning Atlas Amendments (1) Z-1-97 Carden's Body and Paint Service Presentation by Mary Willis. The purpose of the rezoning proposal is to correct an error made in the initial zoning of Little River Township on January 1, 1994. Existing Commercial(EC-5)zoning is applied upon initial zoning of townships to accommodate existing businesses where commercial zoning would otherwise not be allowed. Two contiguous properties on the east side of NC 157 between Wagoner Dairy Road and Blalock Road in Little River Township are proposed for rezoning. One property is owned by William H.Carden,Jr./Carden's Paint and Body Service and the other by Charlie and Jeroline Mangum. The Mangum property was incorrectly zoned EC-5 and is to be rezoned to AR. The Carden property was incorrectly zoned AR and a 2.80-acre zoning lot is to be rezoned to EC-5 to correct this error. This item was presented at public hearing on February 24, 1997 and there were no citizen or Board comments. The Planning Staff recommends approval of the rezoning per the findings (an attachment to these minutes on pages ). MOTION: Katz moved agreement with Planning Staff findings. Seconded by Allison. VOTE: Unanimous. MOTION: Strayhorn moved approval of the amendment as recommended by the Planning Staff. Seconded by Brooks. VOTE: Unanimous. c. Special Use Permits (1)SUP(A)-1-97 The Inn at Bingham School (Bet!and Breakfast) Presentation by Emily Cameron. This item is for consideration of the renewal of a Class A Special Use Permit for the Inn at Bingham School to allow the site to continue as a bed and breakfast inn in accordance with Article 8.8.24 of the Zoning Ordinance,Historic Sites Non-Residential Reuse/Mixed Use.