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Home My WebLink AboutAgenda - 08-26-1996 - C1a & 2a 001 ORANGECOUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 26. 1996 Action Agenda Item# C 1a & 2a SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT PROPOSED ZONING ATLAS TEXT AMENDMENT Article 4.2.26 Efland Setback(ES)Overlay District (NEW) Article 6.24 Extra Requirements for the Efland Setback(ES) Overlay District (NEW) Z-5-96 Efland Setback Overlay District DEPARTMENT: PLANNING PUBLIC HEARING_X—Yes_No BUDGET AMENDMENT NEEDED Yes_X–No ATTACHMENT(S): INFORMATION CONTACT: Mary Willis Proposed amendment Extension 2583 Certificate of Mailing TELEPHONE NUMBERS: Hillsborough- 732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: 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. BACKGROUND: 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 002 setback problem. Because the problem was common to many lots in the Efland area, an amendment was proposed by the 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 water and sewer. Of the 1,289 existing lots in the Transition Areas, which includes the Efland community as well as area west to the vicinity of Buckhorn Road, 676 (52%) 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. NUMBER OF NON-CONFORMING LOTS IN EFLAND TRANSITION AREAS 10-Year 20-Year Combined Transition Lot size Transition Transition Areas(3686 acres) (1686 acres) (2000 acres) 0 - 10,000 sf 152 (15%) 64(22%) 216 (17%) 10,000- 15,000 sf 63 (6%) 4 (1%) 67 (5 1/6) 15,000 - 20,000 sf 75 (7 0/6) 12 (4%) 87 (7%) 20,000 - 30,000 sf 141 (14%) 18 (60/o) 159 (12%) 30,000 -40,000 sf 132 (13%) 15 (5%) 147 (11%) more than 40,000 sf (conforming) 434 (44%) 179 (61%) 613 (48%) Total Lots 997 292 1289 A map of the Transition Areas showing parcel boundaries is attached. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation for amendments to the Zoning Ordinance or Zoning Atlas be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance or Zoning Atlas by either the public or the County from the provisions of Article 20.3. In either case,though,the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Z.oninQ Ofln'er Reconunendat a Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text and atlas amendments. 003 Administration Recommendation The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996 � 005 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 water and sewer. Of the 1,289 existing lots in the Transition Areas, which includes the Efland community as well as area west to the vicinity of Buckhorn 006 Road, 676 (52%) 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. NUMBER OF NON-CONFORMING LOTS IN EFLAND TRANSITION AREAS 10-Year 20-Year Combined Lot size Transition Transition Transition Areas (1686 acres) (2000 acres) (3686 acres) 0 - 10,000 sf 152 (15%) 64(22%) 216 (17%) 10,000 - 15,000 sf 63 (6%) 4(1%) 67 (5%) 15,000-20,000 sf 75 (7%) 12 (4%) 87 (7%) 20,000 - 30,000 sf 141 (14%) 18 (6%) 159 (12%) 30,000-40,000 sf 132 (13%) 15 (5%) 147 (11%) more than 40,000 sf (conforming) 434(44%) 179 (61%) 613 (48%) Total Lots 997 292 1289 A map of the Transition Areas 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. 007 PROPOSED AMENDMENT: 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 Thepnrpose of the Efland Setback Overlay District is to recogtize the unia e 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 o un 's Planning jurisdiction. The area is located along Transportation Corridor marked by I-85/1-40. US Highway 70 and the Southem Railroad, Efland was established as a com_muni circa 1880,80, as a tobacco-shipping oII ost along the railroad. In the early 1900s. 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 idered the core of the community, The dominance of the railroad and manufacture of textiles has diminished during the last half-ceaUa.but the development patterns created during that ti= including residential development and industrial,commercial_and institutional service remain and development has continued. The unique c aMteristics of the Efland Area is recognized in the Orange County Comprehensive Plan by its designation as Ten-or Twenty-Year Transition Area and in some areas-as Co mercial-Industrial Activity Node Some areas.most Qf which were developed prior to zoning are zoned LC 1 NC2.EC-5- EI or I1. _,flectmg their existm- i 9 or industrial use Some areas have also bee rezoned to allow residential densities ranging from 2 to 5 dwelling units per acre. The maims of Efland however. is currently in the R-1 (Rural Residential) zoning district The Rl district serves as a holding zone until adeQuate community services enable moderate residential rdensi ec allowed to the 10- and 20-year Transition Areas, The RI Rural Residential_ district reQuj*e a mi imam lot Size of 40.000 square feet Building_setbacks are rewired to be 20 feet from side and rear property lines and 40 feet from road rig -of-ti ay Lots in the R-1 di et which are smaller 008 40 O00 s!qLare feet and existed prior to the=12lication 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 R1 district. The Zoning Ordinance provides for development of non-conforming lots w ich are too small to he b- 'I 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 unique problem. and thus the variance procedure may not provide equitable relief in many circumstances The intent of the Efland Overlay District is to apply setbacks appropriate to the existing lot size and development nattems.within the limits of what could be achieved if properties were rezoned to the higher-density zoning districts-allowed in the Orange CouW 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 use of land or structures within the ES District shall comply with the use ,regulations applicable in the underlying Residential zoning district with exception of building setback requirements. 1,) This district shall be applied within AR. R1. R2, R3. R4. and R5 zoning districts within areas designated as the 10-Year and 20-Year Transition Area in the Orange County Comprehensive Plan in the I-85/Hwy 70 Corridor between Hillsborough and Mebane. fiJ4 EXTRA REQUIREMENTS FOR THE EFL.AND SETBACK CM 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 permitted in the underling .oz_ ning district or districts. All other requirements for the use of land and tures contained in this ordinance shall be met unless otherwise provided. 009 6.24.2 Setback Requirements Building setback and required yard areas for the district are as follows: j The front yard requirement shall be twenty(20) feet from the edge of f th_e y 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 tart of a Planned Development ORDINANCE REVIEW SUBCOMMITTEE: July 3, 1996 PLANNING BOARD REVIEW: BOCC REVIEW: Y all' 'EM dm - �.,, ,, y _ -_ ,._,• = n�� { ;:lid �4 2 --I slow INA - 013 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY,NORTH CAROLINA I, M= Willis,Zoning Officer, Orange County,North Carolina, DO HEREBY CERTIFY that on or about August 9, 1996, I mailed, by first class mail, postage prepaid, a Notice of the Public Hearing to be held on the inclusion of the Efland Transition Areas in a new Efland Setback Overlay Zoning District to each property owner as required by Article 20 Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date,time,place and subject of the Public Hearing on the zoning atlas change. WITNESS my hand,this the 2th day of Auger, 1996. Npk)CY WILLIS ZONING OFFICER