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HomeMy WebLinkAboutNS ORD-1997-005 Zoning Ordinance Text Amendment Article 8.8.24 Special Uses Historic Sites Non-Residential Une Mexed Use 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1 . 1997 Action Agenda Item 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. 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. 5 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. 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. The Board approved a modification to the Special Use Permit for Carolina Friends School which 61?i would allow the school to swap acreage with Duke University and modify the boundaries of the school site in accordance with the recommendation from the Orange County Planning Board based on the findings of fact as included in the agenda. C. ORANGE COUNTY TRAVEL POLICY This item was moved to the end of the Consent Agenda for separate consideration. D. PETITION FOR ADDITION_OAK POINTE LANE AND OAK POINTE COURT, BINGHAM TOWNSHIP The Board approved a petition from NCDOT for the addition of Oak Pointe Lane and Oak Pointe Court in Bingham Township to the State-maintained Secondary Road System. E. CONTRACT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EEOC The Board approved and authorized the Chair to sign a contract between Orange County and the Equal Employment Opportunity Commission as presented. F. PROFESSIONAL SERVICES CONTRACTS BETWEEN THE HEALTH DEPARTMENT AND THE DEPARTMENTS OF FAMILY MEDICINE AND OB/GYN The Board approved and authorized the Chair to sign professional services contracts for medical back-up between the Health Department and the School of Medicine Departments of Family Medicine and Ob/Gyn. G. AUTHORIZATION OF THE RSVP RENEWAL APPLICATION AND AGREEMENT The Board approved and authorized the Chair to sign an application for a 3-year renewal of federal grant funding for RSVP and to enter into an agreement with Corporation for National Service for the period July 1, 1997 through June 30, 2000 in the amount of$112,530 in federal funds. This is being authorized for signature with the understanding that the 3-year application does not affect the Orange County annual budgeting process and can be terminated at any time based on Corporation for National Service handbook guidelines providing for advance notice in order to find another local sponsor. H. EFLAND ESTATES CDBG PROGRAM -ENVIRONMENTAL REVIEW RECORD This item was moved to the end of the Consent Agenda for separate consideration. 1_ ZONING ORDINANCE TEXT AMENDMENT -SPECIAL USES_HISTORIC SITES NOW RESIDENTIAL USE/MIXED USE The Board approved the Planning Board recommendation approving an amendment which would allow the Board of Commissioners to reapprove 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. J. AMBERIDGE SUBDIVISION - PRELIMINARY PLAN The County Commissioners approved the Preliminary Plan for Amberidge Subdivision in accordance with the resolution of approval. The property is located between University Station Road and the Chapel Hill Spur of the Southern Railroad in northern Chapel Hill Township. Ten (10) residential lots are proposed on a 10.4 acre tract. The current zoning is Rural Residential and Lower Eno Protected Watershed. K. Z-1-97 CARDEN BODY & PAINT SERVICE/CHARLIE L. & JEROLINE L. MANGUM The Board approved a rezoning for Carden Body& Paint Service/Charlie L. & Jeroline L. Mangum. The purpose of the rezoning is to correct an error made in the initial zoning of Little River township on January 1, 1994. This action rezoned the 2.02 acre Mangum property from EC-5 to AR and a 2.80-acre zoning lot on the Carden property from AR to EC-5. L. Special Use Permit-2-97 THE OLD PLACE -SPECIAL USE PERMIT RENEWAL This item was moved to the end of the Consent Agenda for separate consideration.