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HomeMy WebLinkAboutNSN ORD-1996-034 Zoning Ordinance Text Amendment Article 8.8.24 - Historic Structures-Non Residential Reuse-Mixed Use (Class A Special Use) ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3, 1996 Action Agenda Item # SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT Article 8.8.24 Historic Structures-Non Residential Reuse/Mixed Use(Class A Special Use) DEPARTMENT: Planning PUBLIC HEARING: Yes -2L-No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Extension 2582 Proposed Amendment 6-26-96 Public Hearing Minutes 8-7-96 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To consider a proposed amendment to include historic property as well as structures in the consideration of Special Use Permits for the non-residential use of historic structures. BACKGROUND: The non-residential use of historic structures is permitted in the AR,RI and RB zones provided a Class A Special Use Permit is obtained from the Orange County Board of Commissioners. Standards that must be complied with are specified in Article 8.8.24 of the Zoning Ordinance. The proposed amendment would clarify that the historic nature of the property as well as the structure may be considered in the Special Use Permit approval process. The proposed amendment was presented for public hearing on June 26, 1996. 2 Commission Gordon asked if the amendment would allow use of a modern structure on historic property. Use of a non-historic structure could be approved if all applicable findings could be met from the standpoint of preserving or enhancing the historic integrity of the site and/or historic structures on the site. There were no citizen comments. The Planning Board considered the proposed amendment on August 7, 1996 and recommended approval. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board recommendation. 3 PROPOSED ORDINANCE AMENDMENT REFERENCE: ZONING ORDINANCE - ARTICLE 8.8.24 Historic Structures -Non Residential Reuse/Mixed Use (Class A Special Use) ORIGIN OF AMENDMENT: Staff Planning Board X BOCC Public Other: EXPECTED PUBLIC HEARING DATE: June 26, 1996 Purpose of Amendment: To include historic property as well as structures in the consideration of Special Use Permits for the non-residential use of historic structures. Impacts/Issues: The Orange County Zoning Ordinance requires an applicant to obtain approval of a Class A Special Use Permit from the Board of Commissioners for the non- residential use of an historic structure. In some cases, the use of historic structures may not only involve the historic structure itself, but also the surrounding property associated with the structure. The proposed amendment will clarify that Article 8.8.24 applies to the site on which a historic structure is located,as well as the historic structure itself. EXISTING AND PROPOSED ORDINANCE TEXT: 8.8.24 HISTORIC STRUG4URES SITES -NON RESIDENTIAL REUSE/MIXED USE (CLASS A SPECIAL USE) 8.8.24.1 Additional Information In addition to the information required in Subsections 8.2 and 8.8, the following shall be supplied as part of the application: a) The site plan,prepared by a North Carolina registered land surveyor or-engineer, shall also contain the following: 1) Location, width,and type of all internal vehicular and pedestrian circulation. 2) Location and dimensions of all on-site signage. 4 3) Boundaries of the site and distance to nearest residential structures. b) Description of the proposed use(s) of the site and the buildings thereon, including the following: 1) Amount of area allocated to each use. 2) Number of full and part-time employees. 3) Number of clients and/or occupants expected to use the facility. 4) Proposed hours of operation for non-residential uses of the site and within buildings thereon. C) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. Description of how the historical style and character of the building and/or property is to be enhanced. d) Landscape plan,at the same scale as the site plan, showing existing or proposed trees, shrubs,ground cover and other landscape materials. e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. f) Statement from the appropriate public service agencies concerning the provision of fire,police and rescue protection to the site and structures. g) Evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina as places of historic interest. h) The proposed development schedule for the site. 8.8.24.2 Standards of Evaluation The following specific standards shall be used in deciding on an application for this use: 5 a) The site plan submitted meets all requirements specified in sub- sections 8.8 a)and 8.8.24.1 a). b) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. C) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. d) Fire,police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. e) Recreational areas, service areas,parking and screening are adequate for the proposed use(s). f) The site is served by direct access to a State-maintained road. g) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). h) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been satisfied. This use is to be a Class A Special Use Permit in the following districts: AR-Agricultural Residential R1 -Residential-1 RB -Rural Buffer This Class A Special Use Permit, if approved, shall be valid for six(6) years. Ordinance Review Committee: April 4, 1996 Planning Board: BOCC: JUNE 26 , 1996 PUBLIC HEARING MINUTES 6 2 Mary W41141 said that with regard to the use of existing barns or farnf.type buildings in the 3 future,that would be pentad under CA. She said that what they are tying to do with this 4 amendment is to assure that d someone is going to build a new building, an accessary building. for the 5 purpose of corxkmc rtg a home occupation,that it be 1,000 square feet and that it twice on a residential 6 appearance to try to Mend in with that area. Thera are provisions for existing buildings that may be 7 convened to home ooaipations in the future regardless of the appearance of the building. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner Crowdw to 10 refer this amendment to the Orange County Planning Board for a recommendation to be returned to 11 the Board of County Commissioners no sooner than August 5, 19%. 12 VOTE: UNANIMOUS 13 14 �, PRO_OSEQ ONING ORDINANCE TEXT AMENDMENT-ARTICLE 8.8.24 HISTORIC 15 STRUCTURES 16 Planner Mary Willis made this presentation. All background information is in the agenda. 17 This proposed amendment to the Zoning Ordinance would be to Article 6.8.24 to include historic 18 property as well as structures in the consideration of Special Use Permits for the non-residential use of 19 historic structures. 20 Commissionw Gordon asked that this amendment be reviewed in the context of a 21 modem house with historic outbuildings. 22 THERE WERE NO PUBLIC COMMENTS 23 24 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther 25 to refer this item to the Orange County Planning Board for a recommendation to be returned to the 26 Board of County Commissioniers no sooner than August 5, 1996. 27 VOTE: UNANIMOUS 28 29 C. PROPOSED SUBDIVISION REGULAT�§TEXT,AMENDMENT-ACTION 30 SUBSEWENT TO SUBOMSION APPROVAL 31 Planner Mary Willis made this presentation. This technical amendment would delete the 32 requirement in the Subdivision Onfnance that a Planning Staff member be present each time a final 33 plat is recorded in the Register of Deeds Office. The purpose of this provision is to insure that all 34 required auxiliary documents, such as Road Maintenance Agreements and Declaration of Restrictions 35 are recorded with the plat 36 37 Registir of Deeds, Betty June Hayes indicated she does not endorsers this amendment 38 and that she will summit her comments in writing which will be included in the agenda when it is 39 returned to the County COMUSiorters for consideration of approval. 40 41 THERE WERE NO CITIZEN COMMENTS 42 43 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to 44 refer this item to the Plarr*V Board for a recommendation to be returned to the Board of County 45 Commissio ws no sooner then August 5, 1996. 46 VOTE: UNANIMOUS 47 _ 48 4s M&HEARM M BCSO rMON ON 50ILM W. FRANKLIN MAMING 49 Jdm Ln*surrtmaraed the information in ft agenda. PtxChssinq Director Pam Jones 5o made reference to the ituppiamerdw information. She summarized the steps taken to purchase the 51 building. She gave an overview of the environmental assessment,to physical inspection of the 52 property..du programs#0 wig be offered and the upflt that will be mcessary with related costs. 53 Commissioner Gordon expressed a concern that the Environmental Assessment be 54 done by professionals and that there be enough money for the upfrt 8/7/96 Planning Board Minutes 7 Price noted that in rural areas,there may be uses that would be associated with agricultural uses and not necessarily be home occupations as they would be in an urban residential area. Strayhom commented again that a use such as welding would require at least a two- ton truck to deliver supplies needed for welding. Strayhom asked about the types of complaints. Willis responded that most complaints are related to uses which involve vehicles,such as automobile repair and the visual impact as the business grows. It has been determined that there are some existing home occupations which would not qualify as such if proposed amendments are adopted. Additional home occupation permits for those uses would not be approved. MOTION: Brooks moved approval of the proposed amendments as recommended by the Planning Staff and the recommendation that load capacity of vehicles shall be determined by the needs of the home occupation and shall not exceed those needs. Seconded by Strayhom. Willis suggested that additional wording be included such as:provided that the expected needs are compatible with the neighborhood. Hoecke stated that going to such detail is micro management. If a use is compatible, everything connected with the use would be compatible. Either it is compatible or it isn't. The amendment was restated by Hoecke: There shall be no use of a vehicle in connection with the home occupation that would be in excess of what is appropriate to that occupation providing that it is compatible with the neighborhood. The motion and second accepted the amendment. VOTE: Unanimous. (3) Article 8.8.24 Special Uses(Uses of Historic Structures) Presentation by Mary Willis. The non-residential use of historic structures is permitted in the AR,RI and RB zones provided a Class A Special Use Permit is obtained from the Orange County Board of Commissioners. Standards that must be complies with are specified in Article 8.8.24 of the Zoning Ordinance. The proposed amendment would clarify that the historic nature of the property as well as the structure may be considered in the Special Use Permit approval process. The proposed amendment was presented for public hearing on June 26, 1996. Commissioner Gordon asked if the amendment would allow use of a modern structure on historic property. Use of a non-historic structure could be approved if all applicable findings could be met from the standpoint of preserving or enhancing the historic integrity of the site. There were no citizen comments. 8/7/96 Planning Board Minutes 8 The Planning Staff recommends approval of the proposed amendment(Copy an attachment to these minutes on page ) MOTION: Price moved approval as recommended by the Planning Staff. Seconded by Brooks. VOTE: Unanimous. b. Subdivision Regulations Text Amendments (1) Section III-C-4 Action Subsequent to Approval (Minor subdivision) (2) Section III-D-3(c)Action Subsequent to Approval (Major Subdivision) Presentation by Mary Willis. The Orange County Subdivision Regulations require that subdivision plats be recorded in the presence of Planning Department Staff. The purpose of this provision is to insure that all required auxiliary documents,such as Road Maintenance Agreement and Declarations of Restrictions are recorded with the plat. Compliance with this provision would require that a Planning Staff member accompany the applicant to the Register of Deeds Office each time a final plat is to be recorded. The Orange County Planning Staff and Register of Deeds Office have developed a system that instead provides the Register of Deeds with a list of items to be recorded with the final plat.By providing this information the Register of Deeds Office knows which documents must accompany the plat,and thus the purpose of the existing regulations are met without Planning Staff being present. The proposed amendment was presented for public hearing on June 26, 1996.There were no citizen comments. There was some discussion with the Register of Deeds to clarify the purpose of the amendment. The Planning Staff recommends approval of the proposed amendment(copy an attachment to these minutes on pages ). Jobsis asked if the concern from the Register of Deeds was addressed. Willis responded that she has a letter from the Register of Deeds expressing understanding and agreement with the proposed amendment. MOTION: Brooks moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. AGENDA ITEM#10: PLANNING BOARD ITEMS a. Report on TIP Process Presentation by Planning Intern, Stephan Rodiger. Every year the NC Board of Transportation(BOT)adopts a multi-year STIP specifying needed transportation improvements across the state. If a project is outside the DCHC Urban Area,then the County can request directly of the BOT that the project be included E. ZONING ORDINANCE TEXT AMENDMENT HOME OCCUPATIONS V This item was placed at the end of the Consent Agenda for separate consideration. F. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT -SECTION III-C-4 AND III-D-3 The Board approved this proposed amendment to delete the requirement for a Planning Staff member to be present each time a final plat is recorded in the Register of Deeds Office per the Planning Board recommendation. G. ZONING ORDINANCE TEXT AMENDMENT -TELECOMMUNICATION TOWERS This item was placed at the end of the Consent Agenda for separate consideration. H. PROPOSED ZONING ORDINANCE TEXT AMENDMENT HISTORIC STRUCTURES The Board approved this proposed amendment to include historic property as well as structures in the consideration of Special Use Permits for the non-residential use of historic structures per the Planning Board recommendation. I. BUDGET AMENDMENT #3 The Board approved the following budget ordinance amendments and grant and capital project ordinances: GENERALFUND Source - Intergovernmental $ 2,000.00 Appropriation-Community Maintenance 2,000.00 (To budget for additional State funds for Soil and Water) Source - Intergovernmental $ 1,500.00 Appropriation - Human Services 1,500.00 (To budget for unanticipated State reimbursement for Environmental Health) Source - Intergovernmental $ 1,600.00 Appropriation - Human Services 1,600.00 (To budget for tourism grant received by the Orange County Library) Source - Miscellaneous (Appropriations) $ (18,442.00) Appropriation - Transfers to Other Funds 18,442.00 (Appropriation from Jail Contingency Account for COPSFAST matching funds) Source - Intergovernmental $ 12,000.00 Appropriation - Public Safety 12,000.00 (To budget for drug tax payments from the State for the Sheriff's Dept.) Source - Intergovernmental $ 38,459.00 Appropriation - Contributions to Outside Agencies 38,459.00 (To budget VOCA pass thru grant for Rape Crisis) Source - Miscellaneous (Appropriations) $ (9,704.00) Appropriation - Transfers to Other Funds 9,704.00 (Appropriation from Commissioners' Contingency for impact fee reimbursement for Habitat for Humanity) Also see attached Affordable Housing Grant Project Ordinance Source - Miscellaneous (Revenue) $ 87,000.00 - Transfers from Other Funds 119,240.00 Appropriation - General Administration 20,000.00 -Debt Service 186,240.00 (Also see the Skills Development Center Capital Project Ordinance) COMMUNITY NUTRITION PROMOTION PROGRAM GRANT PROJECT ORDINANCE Source - Community Nutrition (1996-97) $ 24,800.00 Appropriation - Community Nutrition 24,800.00 (The project authorized is the Community Nutrition Promotion Program as awarded to the Orange County Health Department by the State of North Carolina. The purpose of this grant is to educate school children and adults regarding nutrition and cancer prevention.)