Loading...
HomeMy WebLinkAboutAgenda - 08-05-1996 - IX-E 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 5, 1996 Action Agenda Item SUBJECT: ADVERTISEMENT FOR PUBLIC HEARING- August 26, 1996 DEPARTMENT: PLANNING PUBLIC HEARING: Yes_X—No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Proposed Public Hearing Items Mary Willis -Extension 2583 TELEPHONE NUMBERS Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To approve the advertisement for the August 26, 1996 quarterly public hearing. BACKGROUND: The next regular quarterly public hearing is scheduled for August 26, 1996. A summary of each item proposed for public hearing is provided below. The proposed legal advertisement, the text of proposed ordinance amendments, and other background information are attached. ZONING ATLAS AMENDMENTS 1. Z-5-96 Efland Transition Area The Orange County Planning Staff proposes that a new zoning overlay district be applied to the 10-Year and 20-Year Transition Areas in the Efland area. The proposed overlay would allow setbacks of 20 feet from road right-of-way and 8 feet from side and rear property lines, with provision for zero-lotline development in the interior of a subdivision. The proposed setbacks are comparable to the setbacks currently allowed in the R-5 zoning district. Efland was an existing developed community when Cheeks township was zoned in 1984, and is partially served by public water and sewer. Of the 1,037 existing lots in the Transition Areas, which includes the Efland community as well as area west to the vicinity of Buckhorn Road, 578 are non-conforming lots smaller than 40,000 square feet. Many cannot be built upon in accordance with the 20-foot (side/rear) and 40-foot (front) 2 setbacks applicable in the R-1 zoning district. A map of the Transition ~' Area showing parcel boundaries is attached. 2. Z-4-96 Charles Davis Request initiated by property owner to rezone approximately 105 acres located adjacent to the Hillsborough and Orange Count} I-40/NC 86 Economic Development Districts from R-1 to R-3. ZONING ORDINANCE TEXT AMENDMENTS 1. Efland Setback Overlay District The proposed amendment to the Zoning Ordinance establishes the intent and application criteria for a new overlay district, (See also Zoning Atlas Amendment Z-5-96 above.) 2. Temporary Outdoor Events This item is a request by Patricia and Paul Tripodi, owners of Tripodi's catering, to consider an amendment to the Zoning Ordinance to create a new Special Use category called "Temporary Outdoor Events" . In the case of the applicant, the amendment would allow the on-site hosting of wedding receptions and other events in connection with the existing catering business operated from the applicants home. The amendment was originally proposed by the Planning Staff and was to be presented for public hearing on February 28, 1996. There were concerns raised by the Planning Board and Board of Commissioners as to how such events would be defined, to assure that events such as horse shows, and church and civic events would not become subject to Special use Permit approval. Due to the concerns raised, the Board of Commissioners did not approve inclusion of the item on the February public hearing agenda. The Tripodi's have made application and paid applicable fees to have the amendment presented at the August public hearing. SUBDIVISION REGULATIONS TEXT AMENDMENTS 1. Cluster Developments On May 1, 1996, the Board of Commissioners approved the flexible development regulations, and the previous ordinance provisions for cluster developments were eliminated. However, the flexible development regulations do not apply in the Rural Buffer. The proposed amendment would re-adopt the previous cluster provisions in the Rural Buffer, allowing cluster developments as an alternative to conventional subdivision design until other regulations are approved by the governing boards of Orange County, Chapel Hill and Carrboro. 3 2. Securing Subdivision Improvements The proposed amendment is technical in nature to provide clarity and cohesiveness to subdivision regulations pertaining to road improvements. New text is proposed to specify requirements for the content of construction estimates and financial guarantees submitted when improvements are not completed prior to Final plat approval. The Planning Staff consulted with the County Attorney and County engineer in developing the proposed amendment. 3. Lot Layout The proposed amendment was initiated by the County Attorney and improve the wording of Section IV-B-5-e by substituting the word "divided" for the word"separated" in describing non-contiguous lot area. PLANNED DEVELOPMENT/SPECIAL USE PERMIT 1. PD-1-96 Carolina Friends School(modification) This request was initiated by the property-owner to modify an existing Class A Special Use Permit/Planned Development for a private school to make modifications, including an increase in floor area, to previously- approved buildings. RECOMMENDATION: The Administration recommends approval of the attached advertisement for public hearing on August 26, 1996. 4 t NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough,North Carolina, on Monday, August 26, 1996 at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY ZONING ATLAS AMENDMENTS 1. Z-4-96 CHARLES W.DAVIS AND JAMES L.DAVIS REVISE the Orange County Zoning Atlas to rezone 105 acres owned by Charles and James Davis from Rural Residential (R-1) to Residential 3 (R-3). The property is located on the east side of Old NC-86 and is bounded by Cates Creek to the northwest and the 1-40/NC 86 Economic Development District to the south. It is identified as part of lot 2,Tax Map 45, Hillsborough Township. The property is designated as Twenty-'Year Transition Area in the Orange County Comprehensive Plan. 2. Z-5-96 EFLAND AREA SETBACK OVERLAY DISTRICT REVISE the Orange County Zoning Atlas to include in the Efland Setback Overlay District areas located along the I-85/Highway 70 corridor between Hillsborough and Mebane which are currently designated as 10-Year or Twenty-Year Transition Area in the Orange County Comprehensive Plan ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS 1. EFLAND SETBACK OVERLAY DISTRICT Add ARTICLE 4.2.26 DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA (EFLAND SETBACK (ES) OVERLAY DISTRICT and Add ARTICLE 6.24 (EFLAND SETBACK OVERLAY DISTRICT) to establish community-wide setback requirements appropriate to the lot sizes and development patterns which existed in the Efland community when zoning regulations were implemented in Cheeks Township in 1984. The proposed Efland Setback Overlay District could apply in the Ten and Twenty-Year Transitions Areas as designated in the Orange County Comprehensive Plan. Proposed development standards include setbacks of eight feet from side and rear property lines, twenty feet from road rights-of-way, except along major arterial or collector roads, and would allow zero-lot line development internally within subdivisions. 2. TEMPORARY EVENTS Add ARTICLE 8.8.14 (SPECIAL USES - TEMPORARY EVENTS), Revise ARTICLE 4.3 (PERMITTED USE TABLE), Revise ARTICLE 6.16.17 (ADDITIONAL REQUIREMENTS FOE CERTAIN PERMITTED USES -- TEMPORARY EVENTS), 5 and Add ARTICLE 22 (DEFINITIONS - TEMPORARY EVENTS) to create a new Special Use category called "Temporary Events". which would allow temporary commercial uses such as the commercial sponsoring of social events, craft fairs, festivals, and concerts. Events would be limited in duration to no more than 7 days within a 30- day period, and no more than 50 days per year. Such activities would require approval of a Special Use permit by the Board of Adjustment, and would be subject to specific conditions of approval. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS 1. SUBDIVISION APPLICATION AND APPROVAL PROCEDURES AND CLUSTER SUBDIVISION PROVISIONS IN THE RURAL BUFFER Revise SECTION III-D (APPROVAL PROCEDURES FOR MAJOR SUBDIVISIONS), Revise SECTION V-A (SPECIFICATIONS FOR PLAT DRAWINGS), and Add SECTION IV-13-9 (CLUSTER DEVELOPMENTS), to provide Concept Plan application requirements and approval procedures, and to allow cluster subdivisions in the Rural Buffer Zoning District. When the Board of Commissioners approved flexible development regulations on May 1, 1996, the previous ordinance provisions for cluster developments were eliminated. However, the flexible development regulations do not apply in the Rural Buffer. The proposed amendment would re-adopt the previous subdivision application and approval procedures, and cluster provisions, to be applicable in the Rural Buffer zoning district. 2. SUBDIVISION IMPROVEMENTS Add SECTION III-E (IMPROVEMENTS), Revise SECTION III-C-2e (APPLICATION REQUIREMENTS - MINOR SUBDIVISIONS), Revise SECTION III-D-2a (APPLICATION REQUIREMENTS - PRELIMINARY PLANS) Revise Section III-D- 3a (APPLICATION REQUIREMENTS - FINAL PLAT), and Delete SECTION V-D-8 (IMPROVEMENTS) to: move provisions related to subdivision improvements from Section V (Plat Specifications) to Section III (Application and Approval Procedures), revise text to provide greater clarity, and to specify requirements for the content of construction estimates used to determine the amount of financial security for improvements constructed Final Plat approval. 3. LOT LAYOUT Revise SECTION IV-B-5-e (LOT LAYOUT) to substitute the word "divided" for the word"separated"in describing non-contiguous lot area. CLASS A SPECIAL USE PERMIT 1. PD-1-96 CAROLINA FRIENDS SCHOOL(Modification) Carolina Friends School is an existing private school located in the Rural Buffer Zoning District on the north side of Mt. Sinai Road west of Friends School Road, with access 6 provided by Friends School road. The property contains about 34 acres and is known as Tax map lots 20A, 20B and 26A of Tax Map 7, and lot 2 of Tax Map 6, in Chapel Hill township. The school currently operates under a Class A Special Use Permit due to the type and size of the sewage disposal system and the use of multiple structures. The Special Use Permit was originally issued in 1990 and was modified in 1992 and 1993. The proposed modification is for additional floor area to expand several exisitng structures, and a previously-approved library/arts building. The total proposed increase in floor area is 6100 square feet. Enrollment will not be increased. The specific proposals described in this notice are available for public inspection at the Orange County Planning Department. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough,North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. Marvin Collins,Planning Director PUBLISH: News of Orange Chapel Hill Herald August 14, 1996 August 15, 1996 August 21, 1996 August 22, 1996 7 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE ZONING ATLAS REFERENCE: Article 4.2.26 Efland Setback(ES) Overlay District (NEW) Article 6.24 Extra Requirements for the Efland Setback(ES) Overlay District(NEW) ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _X_High Middle Low PUBLIC HEARING DATE: August 26, 1996 PURPOSE OF AMENDMENT: To consider the creation of a new Overlay Zoning District which would allow lesser setbacks than generally required in the underlying zoning district, and to apply the new Overlay district to Ten and Twenty-Year Transition Areas in the Efland Area. IMPACTSASSUES: The Orange County Planning Staff proposes that a new zoning overlay district be applied to the 10-Year and 20-Year Transition Areas in the Efland area. The proposed overlay would allow setbacks of 20 feet from road right-of-way and 8 feet from side and rear property lines, with provision for zero-lotline development in the interior of a subdivision. The proposed setbacks are comparable to the setbacks currently allowed in the R-5 zoning district. The proposed amendment was initiated by the Planning Staff after receiving a rezoning request submitted by a property owner to address a setback problem. Because the problem was common to many lots in the Efland area, an amendment was proposed by he Planning Staff to address the issue on a community-wide rather than lot-by-lot basis. Efland was an existing developed community when Cheeks township was zoned in 1984, and is partially served by public 8 water and sewer. Of the 1,037 existing lots in the Transition Areas, which includes the Efland community as well as area west to the vicinity of Buckhorn Road, 578 are non-conforming lots smaller than 40,000 square feet. Many cannot be built upon in accordance with the 20-foot (side/rear) and 40-foot (front) setbacks applicable in the R-1 zoning district. A map of the Transition Area showing parcel boundaries is attached. The Ordinance Review Committee recommended that the proposed overlay district be presented for public hearing on August 26. On July 9, the Planning Board voted to address the issue in a in a different manner(See attached minutes) The Efland Small Area Plan was adopted in 1991, and identified the following five community issues,based on input from community meetings held in July through December of 1990. The issues identified were: 1. Housing Availability Within Efland 2. Community Services 3. Transportation 4. Protect Open Space and Scenic Areas Within Efland 5. Appropriate Land Use and Economic Planning Implementation through zoning changes was not included in approval of the Plan. The Efland Small Area Plan is located within the Transition Areas, and is bounded roughly by McGowan Creek, I-85 and Richmond Road. PROPOSED AMENDMENT: 9 ARTICLE 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4.1 Establishment of Use Regulations 4.2 District Statements of Intent and Application Criteria 4.2.26 Efland Setback(ES) Overlay District (NEW) .a) Intent The p=ose of the Efland Setback Overlay District is to recognize the unique pattern of lot sizes which existed in the Efland Area prior to the application of zoning regulations to Cheeks Township on October 1. 1984. The development Characteristics of Efland and areas west differ from development patterns in the remainder of Orange Coun 's Planning jurisdiction. The area is located along a Transportation Corridor marked by I-85/1-40. US Highway 70 and the Southern Railroad Efland was established as a community circa 1880. as a tobacco-shipping outpost along the railroad. In the early 19005. ,textile manufacture became a significant industry in both the region and the State. and mills in and around Efland spurred much of the residential development which is considered the core of the co munit The dominance of the railroad and manufacture of textiles has diminished during the last half-cent=- but the development patterns created during that time including residential development and industrial. connnercial and institutional service. remain and development has continued. The unique characteristics of the Efland Area is recognized in the Orange Comly Comprehensive Plan by its designation as Ten-or Twenty-Year Transition Area and , in some areas, as Commercial-Industrial Activity Node. Some areas.most of which were developed prior to zoning are mooned LC 1. NC2,EC-5. EI or 11. reflecting their existing_commercial or industrial use= Some areas have also been rezoned to allow residential densities ranging from 2 to 5 dwelling units per acre. The majority of Efland. however, is currently in the R-1 (Rural Residential) zoning district. The Rl district serves as a holding zone until adeottae community services enable moderate residential densities allowed in the 10- and 20-year Transition Areas, The R1 rural residential district requires a minimum lot size of 40,000 square feet. Building setbacks are required to be 20 feet from side and rear prop 10 lines and 40 feet from road rights-of-way. Lots in the R-1 district which are smaller than 44,000 square feet and existed prior to the application of zoning regulations are considered legal non-conforming lots and may be built upon However, new development is subject to the 20 and 40 foot setbacks applicable in the RI district The Zoning Ordinance provides for development of non- conforming_lots which are too small to be built on in accordance with setbacks of the applicable zoning district through variance procedures contained in Article 2.3.6 of this Ordinance. Because a high percentage of the existing lots in the Ten-and Twenty-Year Transition Areas are highly non-conforming with respect to lot size, the inability to develop-a lot in compliance with existing setback requirements is not a uniQeproblem and thus the variance_procedure mgy not provide equitable relief in many circumstances The intent of the Efland Overlay District is to apply setbacks a=priate to the existing lot size and development patterns.within the limits of what could be achieved if properties were rezoned to the higher-density zoning districts allowed in the Orange County Land Use Plan. Application Criteria The Efland Setback(ES)Overlay District is established as a district which overlays other residential zoning districts established in this ordinance. The new land or Structures within the ES District shall comply with the use regulations ations applicable in the underlying Residential zoning district with exception of building set_ back requirements. 11 This district shall be=lied within AR R 1, R2. R3 R4 and R5 zoning districts within areas designated as the 10-Year and 20-Year Transition Area in the Orange CouuV Cm=ehensive Plan in the I-85/Hvvy 70 Corridor between Hillsborough and Mebane, 6.24 EXTRA REQUIREMENTS FOR THE EFLA_ND SETBACK(ES) OVERLAY DISTRICT (NEW) 6.24.1 Permitted Uses Permitted Uses within the Efland Setback(ES)-Overlay District. and the use of land and structures is as itted in the underlying zoning district or districts. All other requirements for the use of land and structures contained n this ordinance shall be met unless otherwise provided. 6.24.2 Setback Requirements 10a Building setback and required yard areas for the district are as follows: The front yard requirement shall be twenty(20)feet from the edge of the right-of-way of all roads except those classified as collectors or arterials. ( The side and rear yard requirement shall be eight(8) feet from side and rear on the perimeter of a subdivision or development Interior side and rear setbacks may be eliminated if approved as part of a Planned Development ********************************** ORDINANCE REVIEW SUBCOMMITTEE: July 3, 1996 PLANNING BOARD REVIEW: BOCC REVIEW: � pit 1 ��, �e�, '�• �� �. /. SIM Von dIP F 05" 4k loop-IP-9 x S tt 3� z dx i ORANGE COUNTY, NORTH CAROLINA 12 APPLICATION FOR CHANGE OF ZONING OI.STRICT Date : TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas o -. Orange County as hereinafter requested . 1 . The property is located on the side of S .R . # 9 ( Street/Road) between S�,� -- anc It is known es Lot ( ) _ 2 Block of Orange County Tax Map — Township . It has a frontagt of SO feet and a dap h of feet , and contain: square feet or /d acres . 2. It is desired and requested that the foregoing property be rezonec from :Z2 - / to 1A. 3 3 .- The following information has been _ attached . .in__ support of the application for changing the Zoning Atlas (* — required on all applications) . *a. A fully dimensioned sap at a scats of not lass then one (11 inch __ equals one—hundred (1001 feet nor more than one (1) inch •quala twentf' 1201 feet-'showing the Land which is proposed to be rezoned. eb. A LogaL description of the land proposed to be rezoned. ec. A statement of Justification addressing one or more of the following: (1) The aLLsgod error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a datelted explenotion of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which sake the proposed amendment reasonebty necessary to the promotion of the public health, safety and general welfers. 10131 The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan. or part thereof. *(41 All other circumstances, factors and reasons which the aPPLicent offers in support of the proposed amendment including. but not limited to, documentation from service agencies (e.g. fire, police. rescue and utilities egancisal assuring services provision capability to the devalopmsnt. d. A List of all individuate. firms or dorporatlons owning property adjoining or within five hundred (500) fast of the property sought for rezoning is attached. The List is current as of (Oats! I certify that' ell information f rnished in this application is accurate to the b-ast of my Jk nowledge . ` App Li cant (s) : -F . Address : Phone : 13 �J c N .N d T N 03 m Al 0. r N v ca Ali 7 3 : O v F' Q `� m o �c°� o u► u v D V NO 0+ w+ O v O H t/l VA tA N G -- W c dca p.+ �O Z O l O 2 d 0 C41 d 96 %A 7 O A d H A 0 + y tt c0 p + �} 3 rc0 d E" c0 3N p G 00 A O N O V C sty BOG rc0 CW uy N cz G.� VD O rio d ° _ (6 o u u N G N ".A d N G O fA U A P o, yU+ G A N d j o 14 Statements of justification: (1) There is no error in the present zoning. (2) Changes in the area surrounding this site has made it more practical for this parcel in the "Transition" designation which allows for the extension of municipal services and also additional density to compliment the Orange County Land Use Plan as well as the planned Economic Development Com- mission Plan for the entire area north of I-40, South of 1-85, east of Highway #86 and west of the Chapel Hill-Hillsborough Road. It is recognized by all health departments that over the period of years the municipal services prove more beneficial then septic systems to the public health and the communities well being. (3) As shown on the enclosed Orange County Land Use map this parcel of land adjoins commercial development immediately to the north and the Economic Development Commission zoning immediately to the west. This request fits in appropriately with the plans for this entire area. (4) Before the development of this site, the owners will be presenting two plans as required by the Orange County Planning Department. One will be using the guidelines as described in the newly approved Flexible Plan. These guide 1 lines require an allocation of various types of Open Space. The guidelines understand that to commit land for recreation and open space it is necessary to have smaller lots and higher density on the balance of the land. The most practical way to accomplish this is through the use of municipal services. - Due to the proximity to Hillsborough and the non-rural character of this site it appears ideal for transitional or suburban planning that allows for homes that may be priced within reach of the average family. Directly across Highway#86 one finds the Flint Ridge Apartments,just north of the apartments a convenience store and gas station that adjoins the Mc Donalds. Across from Mac Donalds on the same Highway is County owned propertythat_ad1oins another convenient store gas_station,that__ adjoins the commercial property that is presently being developed by Roger Dale Stephens and that adjoins the subject site. ( See documentation from service agencies assuring capabilities of providers). 1 /�1- 1 • 'II ZOS r mo li ; z e a! 00 J / Flo zo 4m La em° t�evz ea po \ \ / m 1 1 ± p�`j Zc Io ZZlt11 C W V f 1 � -�'1•�iri "o { J V t a. Town 16 of June 27, 1996 H l�.S gh 11" 7s4 Mr. Arthur R. Cogswell I 13 W. Franklin St, Chapel Hill, NC 27516 Re: Davis and Parrish Properties Dear Arthur: Pursuant to your faxed request of June 26th, the Town's Water and Sewer service area encompasses the Davis and Parrish properties. Treatment capacity is available to serve this area, however, extensive offbite improvements/extensions will be required to be installed by the Developer in order for these services to be provided. The type and configuration of the extensions required will be determined once some specifics are known regarding the development (site plan). Attached is a copy of the Towns fee schedule for water and sewer services. These fees must be paid and the off-site improvements completed prior to service being available. Please call with any questions. Sincerel Cam' c Thomas E. Hartye, PE Town Engineer/Utilities Director 101 Fast Orange Street P.O. Box 429 • Hillsborough, North Carolina 27278 919-732-2104 • Fax: 919-844.2390 17 ORANGE COUNTY EMERGENCY MANAGEMENT P.O. BOX 8181 HILLSBOROUGH NORTH CAROLINA 27278 9-1-1 Communications Emergency Medical Services 24 Hour Warning Point Fire Marshal 932-8161 • 933-2600 Communication Center Disaster Response 24-Hour Fax Machine Hazardous Materials 967-9026 June 27, 1996 644-3030 • 968-2050 Administrative Fax Machine 968.4066 To: Arthur Cogswell, FA.IA. Arthur R. Cogswell, Architect and Planner From: Nick Waters, Director Re: Water and Sewer Extensions Hillsborough Assemblage-@14- 0/8a-_: Tax r6erence#s 4.45..2 and 4.45.3 a Hillsborough,NC Fire J EMS Cov®rage Orange Count Emergency MartragOmen't Division of EMS;will provide 1.EMS coverage for thO referenced site. Or a Cddrrty Emergency Management is located at 1914 Ne v Hope Church Koac, imPt hapel Hill; the Dilrector is Nick Waters. `t = The Orange RiUral Fire"Department provides fire coverageP the referenced site. They are located on South Churton Street in Hillsborough. 4immy Summey is the Chief at Hillsborough Fire Dep>aztmer . Please contactus,#additiornaFassistance,rsrleeded. y . the Located at 1914 New Hope Church Road Chapel Hill,North Carolina 27514 LINDY PENDERGRASS 144 E. Margaret 113 Sheriff of Orange County Hillsborough, North Carolina 2, u Office Phone: Hillsborough (919) 644-3050 Chapel Hill (919) 942-6300 To: Eddie Kirk Fax (919) 732-6403 Orange County Planning Department From: Sheriff Lindy Pendergrass Re: Davis Brothers Land Sub-Division Site # Old 86 South Back of the NC Department of Corrections Orange County Date: June 26, 1996 The Orange County Sheriff's Department has been asked if we would be able to provide services to the property indicated above. We presently provide 24 hour patrol and response to calls for service in the area of .the. proposed sub-division. Providing service to this location and citizens will not� effect patrol workload. No increase in personnel or .equipment is- expected.' Should any further informationbe needed.-.please feel free to con a, our of#Xce,. r - Sheriff 7L cTy Penderg a s 19 Neighboring Property Owners: Roger Dale Stephens P. O. Box 397 Hillsborough, N. C. 27278 Hugh and Carolyn Moren 1202 Hollandia Park Circle . Hartsville, South Carolina 29550 John Bratton P. O. Box 190, Knightdale, N. C. 27545 Wayne T. Bullock 809 Fletcher Road, Hillsborough, N. C. 27278 Robert D. Stone 727 Fletcher Road, Hillsborough, N. C. 27278 Richard P. Robinson P. O. Box 113, Hillsborough, N. C. 27278 Stephen K. Riddle 814 Fletcher Road, Hillsborough, N. C. 27278 Rune Simeonsson 808 Fletcher, Hillsborough, N. C. 27278 Samuel B. Nesbit 800 Nesbit, Hillsborough, N. C. 27278 Robert H. Haynie 726 Fletcher Road, Hillsborough, N. C. Robert E. Lloyd 610-Chun on-St.,- Hillsborough,N.-C.---_-- - ---- -- — - - Tony Zinn 2819 Fargo, Hillsborough, N. C. 27278 Frank Vandeventer 2818 Fargo, Hillsborough, N. C. 27278 • 20 Leonora Rogers P. O. Box 266 Hillsborough, N. C. 27278 William Remington 3443 Gray Moss Road Charlotte, North Carolina 27278 Masoud Kavari P. O. Box 16369 Chapel Hill, North Carolina Frank Hayes P. O. Box 776, Hillsborough, North Carolina 27278 John Williams 2704 Fargo, Hillsborough, North Carolina Deon Lategan 2620 Fargo, Hillsborough, N. C. 27278 Martin M. Brown 2623 Fargo, Hillsborough, North Carolina 27278 James Rae Freeland P. O. Box Hillsborough, N. C. 27278 21 PROPOSED ORDINANCE AMENDMENT REFERENCE: ZONING ORDINANCE Article 8.8.14 Special Uses-Temporary Events(NEW) Article 4.3 Permitted Use Table Article 6.16.17 Additional Requirements for Certain Permitted Uses (Temporary Events) Article 22 Definitions ORIGIN OF AMENDMENT: Staff Planning Board BOCC �_Public Other: EXPECTED PUBLIC HEARING DATE: August 26, 1996 This item is a request by Patricia and Paul Thpodi, owners of Tripodi's catering, to consider an amendment to the Zoning Ordinance to create a new Use category called "Temporary Outdoor Events". In the case of the applicant, the amendment would allow the on-site hosting of wedding receptions and other events in connection with the existing catering business operated from the applicants'home. The amendment was originally proposed by the Planning Staff to be presented for public hearing on February 28, 1996. There were concerns raised by the Planning Board and Board of Commissioners as to how such events would be defined, to assure that events such as horse shows, and church and civic events would not become subject to Special Use Permit approval. Due to the concerns raised, the Board of Commissioners did not include the item on the February public hearing agenda. The Tripodi's have paid applicable fees and requested that the amendment be presented at the August public hearing. The request did not include any suggested changes to address the concerns which had been previously raised, and thus the text below is the same as that which was originally proposed. Those issues will need to be addressed through the public hearing process. The Ordinance Review Committee reviewed the proposal on July 3, and suggested addressing some of the concerns explicitly excluding: events which did not meet a specified threshold of people present at any given time during the event; events of an personal nature, (such as family reunions or large parties); and events of an institutional non-profit nature (such as church or civic activities) would not be included. 22 PURPOSE OF AMENDMENT: To create a new commercial land use category to allow temporary commercial events such as craft shows, carnivals, festivals, concerts, etc. that do not typically involve permanent structures and do not exceed seven(7)days in a thirty(30)-day period or fifty(50)days per year. IMPACTS/ISSUES: Currently there are no provisions in-the Zoning Ordinance for temporary uses other than yard sales and fund raising activities which are permitted in all residential districts for a maximum of two (2) days per month. Temporary use of a mobile home for custodial care and temporary/portable buildings are permitted in some districts through a Class B Special Use Permit. The proposed amendment creates a commercial/service use category called "Temporary Events". Examples of this kind of use are craft shows, carnivals, festivals, concerts, medical or veterinary clinics,and outdoor social events hosted by a business such as a restaurant or caterer. Temporary events such as those described above would not be considered a principal use when it takes place at a site normally associated with the activity. For example, a festival held at a park, a reception or picnic held on church grounds, or a veterinary clinic conducted outside an animal hospital would be considered accessory uses to the principal use on the site. Application in Commercial Districts The proposal would allow temporary events for less than 300 people in commercial districts as a principal use,or in conjunction with a permanent principal use,with site plan approval and a zoning compliance permit. Prior to approving the site plan or issuing a zoning compliance permit for any event, the proposed activity would be reviewed in accordance with the specific criteria of Article 6.16.17(Additional Requirements for Certain Permitted Uses-Temporary Events). Events expected to attract 300 people or more would require approval of a Class A Special Use Permit by the Board of Commissioners. Application in Residential Districts In residential districts temporary events for less than 300 people would require a Class B Special Use Permit. Events planned for 300 people or more would require a Class A Special Use Permit. A new Article 8.8.14 is proposed in order to specify additional information required and standards of evaluation for temporary events. Approval of Special Use Permit Application requirements and standards of evaluation for temporary events are proposed to insure that adverse impacts are minimized and that public safety is not compromised. The Special Use Permit is valid for one year and describes generally the use, a maximum number of events per year, 23 maximum periods of operation, maximum number of participants, and typical activities. A typical site plan is reviewed with the Special Use Permit indicating access, utilities, parking, and other use areas. The zoning compliance and Special Use permits are site specific. Therefore, if the same event is proposed by the same applicant at different sites,individual permits must be obtained. AM�roval of Individual Events A specific site plan for each event must be submitted for review by the Planning Staff and must be accompanied by letters from the Orange County Health Department, the Sheriffs Department, and the Fire Marshal regarding sanitation and safety issues. A written description of the event is required to include the maximum number of people expected to attend, the frequency of the event, hours of operation, method and adequacy of sewage disposal,recycling and waste disposal, access, parking,lighting,and signage. 24 PROPOSED AMENDMENT: Article 22 DeSnitions Temporary Event (NEW) A commercial activity that typically does not involve permanent structures, and does not exceed seven(7) days in a thirty (30)-day period or more than fifty (50) days per year. Examples of temporary outdoor events are craft shows, carnivals, festivals, concerts, medical or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Article 4.3-Permitted Use Table (attached) Article 8.8.14 Tempos Events (less than 300 people-Class B Special Use 300 people or more-Class A Special Use) 8.8.14.1 Additional Information In addition to the information required by Subsection 8.2 and 8.8, the following information shall be supplied as part of the application for approval of this use: a) A written description of the exact type of event planned, the maximum number of participants, the frequency of the event, anticipated dates and hours of operation, method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting,and signage; b) A site plan drawn to scale showing the boundaries of the area to be used for the event, and the locations of access points, parking, service areas, activity areas, restrooms, solid waste disposal/recycling facilities, lighting,and signage; C) Written comments from the Orange County Health Department, Division of Environmental Health regarding the adequacy of plans restroom facilities and food preparation/handling arrangements; Written comments from the Orange County Fire Marshal and Sheriffs Department regarding the adequacy of parking, access, or other factors related to public safety. 25 8.8.14.2 Standards of Evaluation a) Lot size shall be adequate to accommodate all proposed activities including safe vehicular and pedestrian circulation; b) The proposed activity will occur on no more than seven days in a 30- day period,nor more than 50 days per year. C) Signs associated with the use are allowed only while the event is in progress and shall not exceed one sign per event with a maximum area of sixteen (16) square feet, and a maximum height of six (6) feet. Other standards of Article 9 shall also apply. d) The Special Use Permit shall include a requirement that the following information be presented to the Planning within a specified number of days prior to each event: 1. Environmental Health approval of water supply and wastewater disposal; 2. A copy of notification of the upcoming event sent to the Fire Marshal and Sheriffs department; and 3. A description of the proposed event, indicating that the event will not exceed any parameters such as hours of operation, anticipated attendance, or other characteristics addressed in the Special Use Permit. e) The Special Use Permit shall be valid for no more than one year. Article 6.16-Additional Requirements for Certain Permitted Uses 6.16.17Tempot8j Events a) The application shall include a written description of the exact type of event planned, the number of participants, the frequency of the event, dates and hours of operation, method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting, and signage; b) The site plan shall be accompanied by written approval from the Orange County Health Department, Division of Environmental Health regarding water-supply and wastewater disposal; 26 C) The site plan shall have written approval from the Orange County Fire Marshal; d) The applicant shall submit a copy of notification sent to the Orange County Sheriffs Department stating the type of event, number of participants, date(s) and hours of operation, and emergency contact information. A location map must be attached to the notice provided to the Sheriff, e) Lot size shall be adequate to accommodate all proposed activities including safe vehicular and pedestrian circulation; f) The proposed activity will occur on no more than seven days in a 30- day period,nor more than 50 days per year; and g) Signs associated with the use are allowed only while the event is in progress and shall not exceed one sign per event with a maximum area of sixteen (16) square feet, and a maximum height of six (6) feet. Other standards of Article 9 shall also apply. 27 o O a a a w I e is a me a a s rn)m < � ( • ( • . I • f • P1 py M N � I I � . � • ( s q; • � s . N rl l I I ( f • I . � • I . f • N r1 .. - 0 1 I I I 1 • I f S I �/ W W U cad V U I l . e • U � a' N c dc co rA 3 a u u z z co lk r r `4 co Q I Q x c m • 1 E o 9 ! x o 0 q C 0 c 01 m m w.+ C c.x o i 7 U tt1 t17 n m 0 cl, O`Qj m .+ L 7 U m"" 4 to t ip l 1 1 1 C A m U 0. z m ^+ q �^ t 1 1 0 1 0 1 1 • n.,..,� .. ec7 Z y of W y -.... v a to m v r s. A h q L y q -► � 0 0 �........v...�-... .m. q 01 01 .� S A ..r... .Ei L O 0 V O `� t► 041 d 401 r. C P T L V 01 m E U L L 0 0 0 �+ JW `I 0 o m o a +j ++ ++ ++ q - m o q o t+ O +.. r E O O O N N N to N S 2 S R S C u U C q at In �o n m tT• O N •• •• N'1 pull c • • • • N f LL If1 '� •'t �I t H y H y N y y w y h N N y y —19 -- 990 28 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: IV-B-9 Cluster Developments III-D Approval Procedures for Major Subdivisions V-A Specifications for Plat Drawings(Concept Plans in Rural Buffer) ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: PUBLIC HEARING DATE: August 26, 1996 PURPOSE OF AMENDMENT: To consider an amendment to the Subdivision Regulations applicable in the Rural Buffer, to allow cluster subdivisions and to specify Concept Plan application and approval procedures. IMPACTS/ISSUES: On May 1, 1996, the Board of Commissioners approved Flexible Development regulations to encourage the preservation of open space in subdivision designs. The flexible development provisions are applicable in all residential zoning districts except the Rural Buffer. Because the Rural Buffer is in the Joint Planning Area, application of the flexible development regulations would have required approval of the governing boards of Orange County, Chapel Hill and Carrboro. Prior to adoption of the flexible development regulations, Section IV-13-10 consisted of standards and procedures for cluster subdivisions, and was applicable to all residential zoning districts. The flexible development provisions superseded the previous cluster subdivision provisions and they were deleted from the ordinance. Also deleted were the previous application and approval procedures for Concept Plan, replaced by the flexible development application and approval procedures. Deleting the previous cluster regulations had the unintended result of eliminating any provision for clustering in the Rural Buffer. Until such time as subdivision regulations pertaining to the Rural Buffer are revised to reflect alternative development strategies such as flexible development or the previously-recommended rural character strategies, development there will be limited to conventional subdivision design, with each lot containing a minimum area of two acres (two acres/five acres in University Lake Watershed). 29 Deleting the previous Concept Plan application and approval procedures had the unintended resulting of leaving no provisions for Concept Plan approval in the Rural Buffer. Since it was not the expressed intent of the Board of Commissioners to eliminate cluster subdivisions or Concept Plan requirements in the Rural Buffer, the Planning Staff recommends that the previous provisions be re-adopted. The text is modified as needed to reflect that the provisions are only applicable in the Rural Buffer. Approval of this amendment would maintain the opportunity to provide open space and protect sensitive resources through subdivision design until other regulations specific to the Rural Buffer are adopted by the three governing boards. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: SECTION IV - REQUIRED MINIMUM DESIGN STANDARDS IV-B-9 ("LUSTER DEVELOPMENTS IV-B-9-a Inten Cluster development allows for greater design flexibility n�d originality. permit the reasonable use of land with difficult physical conditions ( o iograp y, flooft a'n unique natural areas etc ) respect the physical qualities of the land, reduce the overall development and Zjblk costs and. preserve ops n space to serve r creatjo scenic and public service ournoses. Cluster develQp=nts permit the modification and variation of of an var rreguirements provida that the sum of reductions in lot area becomes common open and for recreation Space for the benefit of all residents of the cluster development or for dedication to public use. Cluster development may be required where protection of environmental recn„rrea identified in "fin inventory of Site iof Cultural. Historic. Recreational, Biological- and Geological SiLynificance in the UnincM=Iated Portions of Orange Coun " or "Inventory of the Natural Areas and Wildlife Habitats of Orange Co m North Car olin_a" cannot be accomplished through the development of a standard subdivision Otherwise. cluster develo m n are an option for the developer. However, all cluster developments. whether required or opted for by the devel=r shall be done in compliance with the provisions and standards related to or referring to cluster developments contained in this Section IV-B-9--b implication Criteria Cluster developments may be approved in the Rural Buffer zoning_dis ri upon the following findings: a) The tract is a i 1 m of 400.000 square feet 30 b) AWroved water supply and wastewater treatment systems are available and each lot is served by separate water supply and sewerage connections. C) The total number of lots proposed for the tract excluding 12arcels of reserved recreation/o- space is not greater than the numbe determined d by dividing the gross land area. excluding public and private road rights-of-way, by the minimum lot size required for the Rural Buffer zoning district and University Lake Watershed (where applicable). d) The recreation/open space reserVed within the tract conforms Section IV-B-7-b. e) The minimum amount of land reserved as recreation/opcn sl2ace shalt be the sum of all reductions in minimum lot area as a result of the Cluster form of development and/or the minimum recreation/open space required in Section IV-B-7-b- whichever is greater. fl Cluster open space shall not include areas devoted to public or priva te vehicular streets. g) Cluster develQpments developments in the NIV-PW and NIV-CA Watershed Protection Overlay Districts shall comply with the developme standards as set forth in Article 6.23.9 of the Orange County Zoning Ordinance. IV-B-9-c Reductions in Lot and Setback Requirements For lots created as part of a cluster development- minimum lot area, width and setback requirements as specified in Article 4.1.2 of the Or = CouMy Zoning Ordinance may be reduced as set forth below, a. Minimum lot tea requirements may be reduced to no less than one acre. b. Minimum lot width requirements may be reduced to no less than 104 fit.. C. Minimum front setback requirements may be reduced to thirty (30) feet except where the front lot line forms an exterior boun ary of the cluster development. d. Minimum rear and side setback requirements may be reduced to ten (10) feet except where the rear and side lot line forms an exterior boundary of the cluster development. 31 IV-B-9-d Ownership of and ConMa_nce of Cluster Rerreation/Onen Space a. Cluster recreation/Men space shall be dedicated public unless he Board of Commissioners fmds that the size- location We of development or cost of development or maintenance of such space or the availability of public open/recreation sl2ace would make public use undesirable or unnecessary. b. The applicant may request that the chaster recreation/open space be designated for private use. C. If cluster oven/recreation space is not dedicated for public use, it hall be subject to approved legal arrangements sufficient to assure it maintenance and preservation for the intended pulpose as provided in Section V - SpCcifications for Plat Drawingcs. d. Open spKe designed to protect environmental resources identified in "An Inventory of Sites of Cultural, Historic Recreational BiologicaL and Geological Significance in the Unincorporated Portions of Change CQun " or " nventory of the Natural Arew and Wildlife Habitats of O_ range o un _ North Carolina" shall be adeg iat y protected through dedication of conservation easements, dedication to OranLye County. restrictive covenants. or other men found =ropriate for he long-term preservation of the particular site or resource. N-B-9-e Approval of Major Subdivision Preliminary Plan or Minor Subdi ' ion Final Plat For Cluster Subdivisiom) An approved major subdivision preliminary Man or minor subdivision Final Plat shall provide for a total environment better than that which could be achieved under standard regulations and must meet the following criteria: (a) Individual lots_ buildings and streets shall he designed and situated to minimize alteration of the natural site features to be preserved (b) The usability of cluster open/recreation space shall be determiner) by he size, sha - t=gmphic and location requirements specified in Section IV-B-7-b. (c) Cluster open spa -e shall include irreplaceable natural features such as but not limited to_ streams. siLynificant stands of trees- individual trees of significant size and/or s=ies- uncommon plant communities- wildlife habitats and rock outcroppLS�J. (d) Cluster recreation space shall be easily accessible to pedestrians including the handicapped. 32 (c) The suitability of cluster oven space intended for scenic value shall be determined by its visibility from dioi�ing properties and streets and shall seek to lessen the area devoted to motor vehicle access. (f) Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between the land and the development. (g) Up to one-fourth of the land with sIoMs greater than fifteen p .re_cent (15%) may be removed or altered only when such slopes are small and isolated and do not otherwise adversely affect the design of the development. () At least twenty percent (20%) of the gross land area is designated as common open space. No more than fifty percent (50%) of the required common open space shall be used exclusively for sewage treatments std, utilities, or other uses which prohibit access by the residents of the cluster subdivision This restriction does not apply to areas of historic or natural significance which may be protected by access restrictions. IV-B-9-f Application Requirements (For Cluster Subdivisions) In addition to the information specified in Section V-C for Major Subdivision Preliminary Plans or Section V-D for Minor Subdivision Final Plats_ applications must be accompanied by a. Application shall be identified as a Cluster Development Subdivision b. A precise description of the extent to which the proposed_ modifications depart from the standard requirements of the applicable zoning district and the reasons for such departures C. The location. 13= and area of the common open space and the adequacy of the amount and function of the open space ;n terms of densities and dwelling types proposed. d. Written site analysis accompanied by an illustrative site man- which identifies the following;, 1. slops 7 1/2 - 15% 2. slopes 15% and greater 3. vegetation 4. significant stands of trees 5. significant examples of a particular species of tree orrurring� a native stand and specimen trees (those which have departed in some respect from the standard characteristics of the species and developed a character of shal&. size or branch structure that gives them a special interest 33 6. drainage and waterways 7. floodplains 8. significant rock outcropp s 9 significant scenic vistas 10 soils with limitation for on-site wastewater systems and building development e The manner in which the plan makes adequate provision for water and wastewater treatment. f The relationship of the plan to the physical environment. the nei-ghborhood in which it is proposed to be established and the intent of the provisions - viding for the establishment of a cluster subdivision. SECTION III - APPLICATION AND APPROVAL PROCEDURES III-D. Approval Procedures for Major Subdivisions 111-D-1. Concept Plan Approval in all Zoning Districts Except the Rural Buffer III-D-2 Concept Plan Approval in the Rural Buffer Zoning District III-D-2a Application Requirements Prior to the submission of a Preliminary Plat. the subdivider shall submit to the Planning Department sixteen(16)copies of a Concept Plan of the proposed maior subdivision The Concept Plan shall be prepared in accordance with the specifications for Concept Plan drawings as contained in Section V-B of this Ordinance. III-D-2-b Planning Department Review Procedures Upon receipt of the Concept Plan the Planning Department shall review the proposal for general compliance with the requirements of this Ordinance and the Zoning Ordina_nce if applicable including the presence of any sites identified in � InrvenWa Qt Sites of Cultur 1. Historic.- Recreational. BiOlozical an Geolo ' al sigui&ance in the Unincorporated Portions of Orange County"and "InventotX Q the Natural Areas and Wildlife Habitats of Orange County, North Carolina". The Planning Department shall also consider the general suitability of the land for development to avoid unnecessary expense in the redesign of _ • • - •• • ! • • •• �!" ' ._I!_ ! ' / " ••-K-!! "! !. ! - Vne*lm ITIMI W. own mlw 9796 !" • • •* 111 MR Too I IONTM•3' f goo of too MOM off I ! I)WINIRMWITROMITome UP.TolmlTarml.797om I ! •" f1 •' • f I/ f • I 1_' • • i Mf " 1 " _f I I f 1 e • ! " 1 $Wn. 19MMURRITIM-ITITCOT$f KI) • . • f" 11 ' I . I i 1 " ' c-1l1 ' •. �-!1 " ! •I • • 11 i " f • I ! _f_ I f- l._(-1" 1! • 1, I • I 1 MM-• • 1 _ .Too ._f 1 " ' t-!_f_I ' i I._ f 1 "• 1 - '•i • . i •._ • t .- •�- • - -.!1 -f • I !!_It " I f • • I I ._!" • 1 " • ' .-I & _I fit 11-11�11TFMIAACIYAIJIJKI 1 , II • • 1 I " • I - • ' ._1 • • • 'f • • • • "f f •i• 1 1. _t - ' a.1 1 f � i 1._ f • • I 1 • 1 • ' .-1 ! a • . 1 f • 1 _ ' -1 1- f ' ..-K-I1 1 ,_f-• 35 From the date of approval of the Concept Plan by the Planning Board, the applicant shall have one (1) year in which IQ prepare and file an application for Preliminary Plat approval If a Preliminary Plat for the subdivision has not been submitted within the specified time limit the Concept Plan shall become null and Y91�. III-D-2-e. Appeal Procedures The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of Commissioners, If appealed. h e Concept Plan shall he p ced on the next regular meeting agenda of the Board of Co miccionerc The Board of Commissioners shall have final approval authority and, where applicable all Concept Plans shall contain information and/or conditions approved by the Board of Commissioners, The Board of Co mi Toner in all such appeals shall make findings of fact in support of its decision The applicant shall be notified. in writing, of the Board of Commissioners' decision within ten(10)days after said decision is made, III-D-23 Preliminary Plan Approval III-D44 Final Plat Approval SECTION V- SPECIFICATIONS FOR PLAT DRAWINGS VA. liealit The requirements of this Section shall apply to the format of drawings. y-A Concept Plan for Subdivisions in Rural Buffer Zoning District A Concept Plan shall be drawn in black ink or pencil to a scale of not less than two hundred(200) feet to the inch The scale chosen shall be large-enough to show all required detail clearly and legibly, The 121 an shall contain-the following information: (1) A sketch vicinity map showing the location of the subdivision in relation to the existing street or higjlwav system: (2) The plotted boundaries of the tract from deeds or-maps of record and the portion of the tract to be subdivided: 36 (3) The total acreage to be subdivided. including tax map. block and lot number reference: (4) General descriptions of existing and proposed land uses within the subdivision and the existing uses of land adjoining it including but not limited to readily identifiable easements. burial grounds- existing structures natural areas, floodplain and watershed boundaries. railroad an d street rights-of-way moor wood lines water supply and sewage disposal lines. and storm drainage facilities which can be determined from aerial photographs.maps of record, State/Federal resource maps. and local planning documents: (5) The proposed street layout within the subdivision, including travelway and right-of-my widths. and connection to existing streets_ (6) The proposed arrangement of lots within the subdivision, including size and number: (7) The name. address and telephone number of the subdivider or owner an d the person responsible for the subdivision design: (8) Scale. approximate north arrow and date of plat preparation; and (9) Name of subdivision. Two (2)copies of the Concept Plan shall be submitted to the Planning (Department for review and approval in accordance with Section III-C-1 for minor subdivisions. Twenty-five 25) copies of the Concept Plan should he submitted to the Planning Department for review and approval in accordance with Section III-D-1 for major subdivisions A copy of the appropriate Orange County Tax Map shall accompmy the Concept Plan V-B Concept Plan for all Zoning Districts Except the Rural Buffer V-C. Preliminary Plat V-D Final Plat ORDINANCE REVIEW SUBCONBUTTEE: 7/3/96 PLANNING BOARD REVIEW: BOCC REVIEW: 37 PROPOSED ORDINANCE AMENDMENT [DRAFT 6/26/96, Revised 7/9/96] ORDINANCE: Subdivision Regulations REFERENCE: Section III-E(new)Improvements (was V-D-8) Section III-C-2e Application Requirements(Minor subdivisions) Section III-D-2-a.(7) Application Requirements(Preliminary Plat) Section III-D-3a Application Requirements(Final Plat) ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public —X—Other: County Attorney Expected Public Hearing Date: August 26, 1996 Purpose of Amendment: To relocate ordinance provisions regarding required improvements from Section V, "Plat Specifications," to Section III, "Application and Approval Procedures," rewrite the section for clarity and to add language regarding construction estimates and financial guarantees. Impacts/Issues: The proposed amendment is technical in nature to provide clarity and cohesiveness to the Subdivision Regulations. The only new text being added is to specify requirements for construction estimates and financial guarantees submitted when improvements are not completed prior to Final Plat approval. The Planning Staff consulted with the County Attorney,the County Engineer,and developers to draft the new text. The following draft of the additional ordinance language specifies that a financial guarantee must be effective for 372 days, which allows one year for the applicant to complete subdivision improvements and a week for the County to "cash-in" the letter of credit, etc., in the event the improvements are not finished in an acceptable manner within a year. It also requires that the construction cost estimate be itemized with quantities and unit prices so that the County Engineer can verify that the estimate total is sufficient to complete a project according to approved plans. In addition, the new text prohibits anyone with ownership interest in the subdivision from preparing the construction cost estimate. 38 Existing and Proposed Ordinance Provisions:[Underline indicates proposed text.] 47 ID UILLE. Improvements [This existing paragraph is to be moved from V-D-8-c]Improvements proposed by the subdivider or required by this Ordinance, such as street pavement, curb and gutter, and sidewalks, shall be constructed in accordance with the standards and requirements as provided in this Ordinance,provided that where said improvements are to be constructed subsequent to the approval of the Final Plat, plans and specifications for said improvements shall be approved by the appropriate agency and reference to said improvements shall be made part of the Final Plat as provided in Section V-D-7-a. III-E-1. Financial Guarantee Before a final plat of a subdivision shall be approved, improvements shall be pr-evled-asfalws installed. inspected and approved. or a security bond, or-C-Mh escrow agreement, or a satisfactory, irrevocable letter of credit by an approved institution and as approved by the Orange County Attorney shall be posted with Orange County by the subdivider to provide for the completion of the required improvements. The financial guarantee shall be effective for 372 days after the Certificate of Improvements is signed by the County Manager. The amount of the bond, letter of credit. or escrow agreement shall be 110 percent of the construction cost estimate described in Section III-E-2. III-E-2. Construction Cost Estimate The financial guarantee shall be accompanied by an itemized estimate for the cost of construction which includes quantities and unit,prices for construction materials and activities such as clearing and grading. The estimate shall be prepared by an engineer, contractor. or other individual qualified to calculate the cost to complete the improvements according to approved plans and specifications. who has no direct or indirect ownership interest in the subdivision. The construction cost estimate shall include a ten percent(10%) construction contingency to account for unanticipated conditions or circumstances discovered souring the development onr cess. III-E-3. Maintenance of Improvements Improvements installed as a requirement of subdivision approval shall be maintained by the developer until said improvements are accepted for 39 maintainance by the appropriate responsible ag rgngysuch as a utility provider or the North Carolina Department of Transportation Where a neighborhood or homeowners association or similar legal entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval,the subdivider shall file with the Planning Department and record with the final plat, a declaration of covenants and restrictions, articles of incorporation, where required,and/or by-laws as approved by the County Attorney that will govern the maintenance and control of such improvements. Provisions shall include but not be limited to the following: (a) The association shall be established before any homes are sold and any building occupied; (b) Membership shall be mandatory for each home buyer and all successive buyers; (c) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities,including streets and utilitiy lines; (d) The homeowners must pay their pro rate share of the costs, and any sums levied by the association that remain unpaid shall become a lien on the individual homeowner's property which shall be subordinate only to tax and mortgage liens; (e) If all or any portion of the property held by the association is being disposed of, or if the association is dissolved, adequate recreation space shall be deeded to Orange County or the appropriate unit of local government to satisfy the requirements for public recreation space under Section IV-B-7-b of this Ordinance; (f) The lot owner of each dwelling unit or lot shall have voting rights in the association; and (g) The homeowners association shall be able to adjust any assessments to meet changed needs. Where articles of incorporation are required, they shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the articles of incorporation shall be provided to the Planning Department. 40 47 D 8 b. Grading and Pavin shown en the aYY- ,d e D..el: Dl d in d A4th the emePAS of this-0�d eeand the-N.G.Depa—Amee-atof T-r-aasPeFtafi@n--[may provision is found in Section IV-B-3-c.1 his Paragraph will be moved to the beginning ofSect»n III E� impr-evements by the s4divider or-r-equir'ea-1 ispdim s4ee+« e ea4 ,«b and ,.,,++e« and sidewalks, shall be +.. . d in aeeef:danee with the standards «.d «+s provided this Or-d e e e _, arp r-eval of the Final Plat, plans «d s Y eeife,+ eas for-said improvements shall be rr- J appr-epr-iate ab eJ,and r-efer-enee to said impf-eveffiefits shall be made pat4 of the Final Dl.,+ .. :.deal in C +' V D-7-a-. Y resc III-C-2. Application Requirements (Minor Subdivisions) Upon approval of the Concept Plan by the Planning Department, the subdivider may proceed with the preparation of the Final Plat. (See Section II - Definitions) Applications for minor subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: (e) Auxiliary documents prepared in accordance with Section V III-E of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to,a private road maintenance agreement; security bond,eash escrow agreement or letter of credit by an approved institution; and guarantee of installation of any road signs; III-D-2. Preliminary Plat Approval 41 III-D-2-a. Application Requirements (7) Auxiliary documents, in draft form, prepared in accordance with Section W-III-E of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, and articles of incorporation and restrictive covenants pertaining to a homeowners association. These documents may be required as necessary as evidence hat the Ordinance requirements are being met. III-D-3 Final Plat Approval(Major Subdivisions) III-D-3-a. Application Requirements Prior to approval of a Final Plat,the subdivider shall have installed the improvements specified in this Ordinance or guaranteed their installation as provided in Sections III-E. No Final Plat will be accepted for review by the Planning Department unless accompanied by written documentation acknowledging compliance with the improvement and guarantee standards of Sections III-E. The Final Plat shall constitute only that portion of the Preliminary Plat which the subdivider proposes to record and develop at that time. Such portion shall conform to all requirements of this Ordinance. Applications for major subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: (2) Auxiliary documents, in final form, prepared in accordance with Section-V — of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, articles of incorporation and restrictive covenants pertaining to a homeowners association, and a letter of credit or performance bond; and 42 Ordinance Review Committee: 6/27/96 Planning Board: BOCC: 43 PROPOSED ORDINANCE AMENDMENT REFERENCE: Subdivision Regulations Section IV-B-5-e (Lot Layout) ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: County Attorney EXPECTED PUBLIC HEARING DATE: August 26, 1996 Purpose of Amendment: To clarify Section IV-B-5-e by substituting the word"divided" for the word"separated". Impacts/Issues• The proposed amendment would provide more clarity in the text. It would not result in a substantial change to any regulation. EXISTING AND PROPOSED ORDINANCE TEXT: *IV-B-5-e. All lots created after the effective date of this provision shall be composed *Amended of contiguous land area, and that area shall not be separated 'divided by 10/3/88 street right-of-way or other lots. A private road easement may spl 4 divide 10/18/94 a new lot only if all of the following criteria are met: 1. the land underlying the easement ja in the same ownership as the remainder of the lot; and 2. the proposed easement contains an existing road or driveway which is to be used for access to new lots; OR the proposed easement is if located along a property line whiek will have an irregular shape; and 44 I the minimum lot area requirement can be met on one side of the road easement but not both sides. Those lots with land area sepaFa4ed divided by a public right-of-way prior to the effective date of this provision shall not be further subdivided in a manner which creates any additional lots with sepaFated divide area. Ordinance Review Committee: June 27, 1996 Planning Board: BOCC: A5 -- • © O� M I 4, 4r .oope er vo r ,• � ��`.' Mme` �y �, Q • d ''' , 160 so I � »•��, R .>'•' r 0 r � • odi�ication a d► r.'. s„� .'�''. OW '' (M C�ChOOI + r «•� 'J Molina bran ed peve%OPment-Rg ' � ,.r , 1 •i �pn4t ,1� (D e �� •�'� •+♦ ♦' rw It ♦ , ' ' O wo art. q�\ ' Rte' (� .+ ►. se of Myi • as • 060 ba f 00 00 0.0 is + 8 ,r► .� as ' as i (1 ' ♦ *' Yr ar ,a 1 ago gas mis wag �. `� •"�ei\ ��` PD— f—96 46 a i ? (�P.OLI A(Q SCE4GbL. FccEtitPS r`J it cl = e Y� d� •JV d 111 ` Mw y„` e$ ?� • fig: �€ 3 .• Y 43 s g f 4 � ■ 3 a � jt �} g s 1 HIM t s l l a^ HIM a a \ g \ at 47 (PLEASE TYPE OR PRINT - INK ONLY) 8/88 APPLICATION FOR CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: Q7 / 01_/_36_ APPLICATION NUMBER: PD- 1 - 56 646171FICATlOA1 of PP-1-9:21 I (We) request a Class A Special Use Permit as provided for in Article $--7-3 of the Orange County Zoning Ordinance for 35oc CA A PDLT10A1AL— FLOOR Ac RL i6¢AE1/I.APt'Cl d55 1 ZDO tt AD D C T-f OIL ; D HLDDLF- 5Cf(O0I► FOtZ H VLTt—Fur F65E,?.6OH FACU LT�f D FEJ COS I DOD 41 ADD M061 TD X42 LY -5ek4Ab For— OFF/GE STAR Cl 4,06 1A FOXC9 VA1CLO5U2E FQ Z t XMP 10ED RErC1<P QA1 A QFFick .A2r=A The following information is provided in support of this request: A. PROPERTY INFORMATION: Street Address or Location: 4809 Friends School Road Durham,NC' Orange County Tax Map 7 Block Lot(s)20A,mg,9s ownship Chapel Hill P Zoning District(s): MW7 aCVEt-DPHC-AlT- 1Z1j"L. BUFFED Lot/Parcel Size: 32.9 acres r square feet Number of Existing Buildings: 13 Gross Floor Area: square feet Number of Proposed Buildings: ' 1 Gross Floor Area: R,nnn square feet Water Supply: Public (Specify) Community X Individual Wastewater Disposal: Public (Specify) Community X Individual School District: tdA Fire District: Rnn River General Land Uses in Area: Residential Critical Areas: X Stream/Drainageway Flood Prone Area Watershed (Specify) Historic Site Other (ExQlain) B. SITE PLAN INFORMATION: Twenty-six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer, are provided as required by Article 8.8 and which contain the following information: X North point, scale, and date. X Extent of area to be developed. X Locations and widths of all easements and rights-of-way within or adjacent to the site. X Location of all existing and proposed structures on the site. X Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils maps. X Location of all water courses on the site, including direction of flow. X Existing topography at a contour interval of five (S) feet based on mean sea level datum. X Existing and proposed fencing, screening, gates, parking, service, and storage areas. X Access to site, including sight distances on all roads used for access. (PLEASE COMPLETE REVERSE SID ) 48 C. OTHER SUBMITTAL INFORMATION: See Cover Attachment X Elevations of all structures proposed to be used in the development. X Two (2) full-size copies of the applicable Orange County Tax Map, one (1) copy with the property in question clearly marked. X The names and addresses of the property owner(s) and/or applicant(s), and the names and addresses are all persons owning property within five hundred (500) feet of the property in question. X Application fee as set by the Orange County Board of Commissioners. 1`I:/A Traffic impact study as required by Article 13 of the Zoning Ordinance. X Additional information regarding the proposed Special Use as required by Article 8 of the Zoning Ordinance. X Narrative" (or letters from appropriate agencies) indicating: 1. Method and adequacy of provision of sewage disposal facilities, solid waste disposal, and water service. Where public sewer is not available, a letter from the Orange County Health Department certifying the suitability of the existing and/or proposed wastewater treatment system for the property. 2. Method and adequacy of police, fire, and rescue squad protection. 3. Method and,adequacy of vehicular access to the site and traffic conditions around the site. I (We), the applicant(s), hereby certify that the foregoing application and supporting documentation is complete and accurate. I understand that it shall be my (our) responsibility to present evidence to the Board of Commissioners the form of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit. APPLICANT SIGNATURES) DATE NOTE: If title to the above mentioned property is not in the name of the SPOICant(s), please include a letter from the owner(s) signifying approval of the request. iitttttttiittiii tltiilititittt/ttttttlltl flitilit ititti titttti•iitittttitttittt FEES: Amount $ (0 45 •D D Date Paid: -7 / 9 / 9�o Receipt # !Ogg DRAFT PLANNING BOARD MINUTES 7/9/96 49 need to be informed of where the Planning Board is on this issue and they are expecting a recommendation from the Planning Board at their first meeting in August. Howie expressed concern that the Planning Board is being asked to endorse something that is so vague that the Board would not have anything in writing that would allow for acceptance or rejection of a project. Bell pointed out again that flexible development is a voluntary program. A developer is required to prepare a flexible development plan and a conventional plan. However,the choice of which type of development is still the developer's option. VOTE: Unanimous.- ITEM#10: MATTERS PROPOSED FOR PUBLIC HEARING 8/26/96 a. Proposed Ordinance Text Amendments Presentation by Mary Willis. (A copy of the proposed amendments is an attachment to these minutes on pages ) The Ordinance Review Committee considered the following Subdivision Regulations, Zoning Ordinance,and Zoning Atlas amendments on July 3, 1996 and recommended that they be advertised for public hearing. Subdivision Regulations Text Amendments 1. Cluster Developments On May 1, 1996,the Board of Commissioners approved the flexible development regulations,and the previous ordinance provisions for cluster developments were eliminated. However,the flexible development regulations do not apply in the Rural Buffer. The proposed amendment would re-adopt the previous cluster provisions in the Rural Buffer,allowing cluster developments as an alternative to conventional subdivision design until other regulations are approved by the governing boards of Orange County,Chapel Hill and Carrboro. 2. Securing Subdivision Improvements The proposed amendment is technical in nature to provide clarity and cohesiveness to subdivision regulations pertaining to road improvements. New text is proposed to specify requirements for the content of construction estimates and financial guarantees submitted when improvements are not completed prior to Final Plat approval.The Planning Staff consulted with the County Attorney and County engineer in developing the proposed amendment. - 3. Lot Layout The proposed amendment was initiated by the County Attorney to improve the wording of Section IV-B-5-e by substituting the word"divided"for the word "separated"in describing non-contiguous lot area. Zoning Ordinance and Zoning Atlas Text Amendment 50 1. Z-5-96 Efland Transition Area The Orange County Planning Staff proposes that a new zoning overlay district be created which would apply to the Efland 10-Year and 20-Year Transition Areas. The proposed overlay would establish building setbacks within the overlay comparable to those applicable in zoning districts with a minimum lot size of 10,000 square feet or less. Efland is unique in that it was an existing developed community when Cheeks Township was zoned in 1984,and is partially served by public water and sewer. Of the 1,037 existing lots in the Transition Areas,578 are non-conforming lots smaller than 40,000 square feet. Many cannot be built upon in accordance with the 20-foot (side/rear)and 40-foot(front)setbacks applicable in the R-1 zoning district.A map of the Transition Area showing parcel boundaries is an attachment to these minutes on page In addition to addressing the inability to build on some existing non-conforming lots, reducing setbacks in the Transition Area would allow future development to occur in a manner more consistent with the village-oriented development patterns which evolved prior to zoning regulations. For example,more contiguous open area could be provided within an individual lot by allowing the structure to be closer to the front and side lot lines,leaving a larger open area in the rear and opposite side. The Planning Staff and Ordinance Review Committee propose setbacks of 20 feet from road right-of-way and 8 feet from side and rear property lines,with provision for zero-lotline development in the interior of a subdivision. Other Public Hearing Items The following items are also anticipated to be included on the August public hearing agenda. A brief description is provided for information only.Because these items are citizen-initiated,they are automatically included on the public hearing agenda,and action by the Planning Board is not required at this time. 1. Temporary Outdoor Events(Citizen-initiated Zoning Ordinance Amendment) This item is a request by Patricia and Paul Tripodi,owners of Tripodi's catering,to consider an amendment to the Zoning Ordinance to create a new Special Use category called"Temporary Outdoor Events". In the case of the applicant,the amendment would allow the on-site hosting of wedding receptions and other events in connection with the existing catering business operated from the applicant's home. The amendment was originally proposed by the Planning Staff and was to be presented for public hearing on February 28, 1996.There were concerns raised by the Planning Board and Board of Commissioners as to how such events would be defined,to assure that events such as horse shows,and church and civic events would not become subject to Special Use Permit approval. Due to the concerns raised,the Board of Commissioners did not approve inclusion of the item on the February public hearing agenda. The Tripodi's have made application and paid application fees to have the amendment presented at the August public hearing. 2. Z-4-96 Charles Davis 51 Request initiated by property owner to rezone approximately 225 acres located adjacent to the Hillsborough and Orange County I-40/NC86 Economic Development Districts from R-1 to R-3. 3. PD-1-96 Request initiated by property-owner to modify existing Class A Special Use Permit for private school to make modifications, including an increase in floor area,to previously-approved buildings. The Planning Staff recommends that the proposed amendments to the Subdivision Regulations;Zoning Atlas and Zoning Ordinance be advertised for public hearing on August 26, 1996. Allison asked why the items that had been eliminated should have to go to public hearing. Willis responded that the County Attorney had indicated they must be presented at public hearing since they had been eliminated from the ordinance. Any such change in the ordinance requires a public hearing. Brown asked why some parts of flexible development are being proposed for the Rural Buffer and why not work with Chapel Hill and Carrboro. Willis responded that work would be done with Chapel Hill and Carrboro. Brown asked about a specific time frame. Willis responded that would have to be coordinated with David Stancil who had worked with the Rural Character Study. In terms of the process,Chapel Hill and Canboro had reviewed some of the rural character strategies but had not gone forward because there were other issues to work out with those jurisdictions. The intent is to continue to work with the two jurisdictions on the rural buffer. Willis noted that there had been an applicant interested in pursuing an open space development and with the way the ordinance currently reads,only conventional development is allowed. At this point,the Planning Staff would like to get the ordinance back where it was so no opportunity for open space development will be missed. There was considerable discussion on the Zoning Ordinance and Zoning Atlas amendment proposed for the Efland Transition Areas. Willis noted that about half of the existing lots in Efland are non-conforming in regard to lot size. Barrows expressed concern also that the case that created the need for such an overlay had been before the Board of Adjustment requesting a variance and it was denied. Willis responded that some of the lots had been rendered unbuildable. The Planning Staff recognized that there is the potential for the same problem to occur on many other lots in the Efland area. This is an attempt to address that issue before it arises again. Allison expressed concern with the reduction in setbacks of lots that are already only 23 feet from the road. Barrows continued that she felt the neighborhood residents had been ignored and their concerns not addressed if such a rezoning is allowed. Allison stated that emergency vehicles would have a very difficult time getting in and out of such an area. He felt there must be a better way to address this issue. Barrows stated that she felt such small lots should not be allowed and if this makes lots unbuildable, 52 then,lots should be combined to better meet required setbacks. Willis responded that a rezoning could be requested since the area being discussed is a transition area. Be noted that the proposed amendment would only address and allow some flexibility in the setbacks. Katz stated that he felt this was a step toward urbanization and he felt there should be public input and felt this would create discussion of a Small Area Plan for Efland noting this as an opportunity for affordable housing. Allison responded that he was in favor of the concept;however,this particular situation has other issues that should be addressed. He continued that safety was still the uppermost issue in his concern. Willis stated that the recommendation from the Planning Board would not be decisions on the items,but,whether they should be recommended for public hearing. MOTION: Brown recommended that all of the items be advertised for public hearing with the exception of the item regarding the Efland Transition Area and that a Small Area Plan be considered for Efland. Seconded by Allison. VOTE: Unanimous. AGENDA ITEM 911: PLANNING BOARD ITEMS a. Planning Board Rules and Procedures (1) Proposed Meeting Date Change Willis stated that the Board of Commissioners have approved the change in meeting date to the first Wednesday of each month beginning August 7, 1996. A copy of the Rules of Procedure,as amended,is included in the agenda materials and on file in file in the Planning Department. Willis also noted that she had distributed a revised schedule for the remainder of 1996. Meeting adjourned 10:05. Prepared By Approved By Date