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.
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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.
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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.