HomeMy WebLinkAboutMinutes - 19851125 MINUTES 0 0 0,9 0
ORANGE COUNTY
BOARD OF COMMISSIONERS AND PLANNING BOARD
QUARTERLY MEETING
NOVEMBER 25, 1985
The Orange County Board of Commissioners met in joint session with the
Planning Board on November 25, 1985► 7:30 p.m. in Superior Courtroom► Orange
County Courthouse► Hillsborough. North Carolina.
COLS' COMMISSIONERS PRESENT: Chair Don Willhoit► and Commissioners
Shirley Marshall. Moses Carey► Norman Walker and Ben Lloyd.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill.
PLANNING BOARD MEMBERS PRESENT: Chair Alice Gordon► and members Chris
Best► Barry Jacobs► Steve Kizer► Peter Kramer► Frank Pearson► David Shanklin►
Carl Walkers and Steve Yuhasz.
PLANNING BOARD MEMBERS ABSENT: Members Margaret Miller► Sharlene Pilkey►
and Betty M. Margison.
STAFF PRESENT: County Manager Kenneth R. Thompson► Planner Gene Bell►
Clerk to the Board Beverly A. Blythe► Director of Planning Marvin Collins and
Planner Susan Smith.
A. PUBLIC HEARING ITEMS
1 LUP-4-85 VIC KNIGHT (RURAL RESIDENTIAL TO COMMERCIAL TRANSITION
ACTIVITY NODE)
PRESENTATION BY STAFF Planner Gene Bell presented for the receipt
of public comments a proposed secondary amendment to the Land Use Plan for a
3.12 acre tract owned by Gary Richardson and located on the east side of N.C.
86 approximately 1.2 miles south of I-85. The proposed amendment would change
the Land Use Plan designation of the property from Rural Residential to Ten
Year Transition/Commercial-Industrial Transition Node. The applicant cites
changed or changing conditions as the reason for the amendment. various non-
residential uses in the area are mentioned as justification for the reason for
the amendment. The changing nature of this area was addressed in the "Central
Orange Area Study" in 1983► the result being:
(1) Redesignation of the node from Commercial Transition to
Commercial-Industrial Transition► and
(2) Expansion of the node (in accordance with the location
criteria in section 3.4 of the Land Use Plan) to encompass
the nonresidential land uses.
Analysis of a Land Use Plan amendment requires that the requested
designation be compatible with the applicable Locational Criteria in Section
3.4 of the Land Use Plan. The locational criterion for hydrology► flora &
fauna, energy use and historic and cultural sites is compatible or consistent
for the Commercial-Industrial Node. The location criteria for land slope is
borderline. Calculations based on measurements taken from USGS topo maps
indicate slope of slightly over 14%. The same soil conditions► public
services/utilities► agriculture & forestry and population density exists in
both the 10 and 20 year Transition Areas as for the Commercial-Industrial
Node. The proposed amendment is not consistent or compatible with the
transportation system or the existing land use plan.
The recommendation from the Planning Staff is that the Land Use
Plan amendment application for redesignation from Rural Residential to 10 Year
Transition/Commercial-Industrial Transition Node be denied because (1) the
adopted "Central Orange Area Study" has adequately addressed nonresidential
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development in this area, and (2) the application fails to meet all locational
criteria for the requested Land Use classification.
CONIl`9ETTTS OR QUESTIONS FROM THE BOARD OF CO TSfiTONFRS
OR PLANNING
BOARD
None.
PRESENTATION BY THE APPLICANT
Vic Knight read a letter from Gary Carleen Richardson as
stated below:
"Members of the Orange County Planning Board and Hillsborough
Residents - With your permission and consent I would like to
change the listing of my property from Rural Residential to
Commercial-Industrial.
My wishes are that my property be developed and used for the
beautification, progress► growth and prosperity of
Hillsborough. This is my heritage, the place of my birth, of
which I am extremely proud. My hopes and dreams are to see
the land be developed to its highest potential. I take
pleasure and am happy to relinquish a part of my heritage for
the town's growth, beautification and development which can
be enjoyed by many future generations.
Thank you for your consideration. Most appreciative, Miss
Gary Carleen Richardson."
Mr. Knight stated that this land is part of Miss Richardson's
background and that she is concerned about the growth that will take place and
interested in what will benefit the town.
COI 'DENTS OR QUESTIONS FROM CITIZENS
None.
2. PD-5-85 SCOTSWOOD (RESIDENTIAL-1 TO PLANNED DEVELOPMENT HOUSING R-2
AND R-5 AND PLANNED DEVELOPMENT-GENERAL COWF3RCIAL-IV)
Those people who wished to comment on this item were sworn in by
Chair Willhoit.
Director of Planning Marvin Collins presented for the receipt of
public comment a proposed planned development and rezoning request submitted
by John W. Graham and A. H. Graham► Jr. for 331.12 acres of land located along
Highway 70 Bypass and St. Mary's Road northeast of Hillsborough. The property
is located in an area designated as Ten Year Transition and Commercial
Transition Activity Node in the Orange County Land Use Plan. The present
zoning classification is Residential-1. Collins pointed out on a map the
location of the proposed project using as points of reference Highway 70,
Orange High School, Cameron Park School and St. Mary's Road. He indicated the
type of zoning surrounding the proposed development. The applicants are
requesting three different zoning designations:
(1) 290.03 acres - PD-H-R-2
(2) 29.5 acres - PD-H-R-5
(3) 10.43 acres - PD-GC4
Collins pointed out on a large scale map the location of the three
different zoning areas. The commercial portion would be located at the
intersection of Highway 70 and St. Mary's Road and would consist of a grocery
store, drug store, and other small shops. Two accesses to this area are
proposed from Highway 70.
The estimated population of the development when built-out, based
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on the 1980 per household population of 2.6 persons per household and based on
the 626 dwelling units proposed, would be 1,765 persons.
Impacts of the development include:
_M Water and Sewer Services - the applicant is to provide water and
sewer lines within the development. The plans have been reviewed by the water
superintendent for the Town of Hillsborough who has given approval of the
plans. The water pressure seems to be adequate to serve the property. On
November 181, 1985► the Hillsborough Town Board agreed to provide water and
sewer service to the project. The Orange County Planning Staff looked at the
capacity of the Hillsborough water treatment plant and the sewage treatment
plant to determine what impact this development would have on those
facilities. The current water treatment plant capacity is 3.0 MGD with 1.4
MGD being used. Given development that the Town has approved over the past
year it is estimated that 519,000 GPD additional water will be used by these
projects. This would increase the usage to 64% which represents an increase
of 17% above what it is now. The Scotswood development and Wildwood Section
IV would take another estimated 283,000 GPD which represents 74% of the water
treatment plant's capacity. Scotswood would use 247.000 GPD. In terms of the
sewer treatment plant, the increase in usage would increase from 66% to 81%.
Commissioner Marshall asked what impact could be expected with the
additional 325,000 GPD promised for the Efland sewer and Collins indicated the
325,000 GPD would absorb from 15 to 17% of the capacity putting it near
capacity for the sewer treatment plant and at 90% capacity for water
treatment.
(2) Traffic Impacts - the traffic count for St. Mary's Road for
1981 indicated 2000 vehicle trips per day. Highway 70 Bypass east of NC 86
has 7,800 vehicle trips a day and about 8,800 trips a day just east of
Lawrence Road and Highway 70. According to the traffic impact analysis
prepared by the applicant's engineer, Scotswood would generate 5,700 trips to
the site and an equal amount from the site on an average day. It would add
1,725 daily trips east of the project on St. Mary's Road and 3,450 trips west
of the project on St. Mary's Road. An additional 4,025 would be added to US
70 Bypass east and 2,300 trips to US 70 west of the project.
(3) Recreation Facilities - the applicant has proposed a swimming
pool, two tennis courts, and a recreation building to serve the multifamily
dwellings and proposed a total of 16.2 acres for this purpose. In the single
family development there will be approximately six acres designated as a
recreation area. The remaining ten acres would be designated along the creek
which runs through the property and has been initially designated for passive
recreation. This creek is included in the floodplain which runs along the
creek.
(4) School Facilities - The number of estimated school- age
children for the single family development would be 294 school-age children.
For the multi-family development it is estimated that 42 school-age children
would be added bringing the total for the project to 336. The students in
grades K-5 would attend Cameron Park School, the children in grades 6-7 would
attend A. L. Stanback, the children in grades 8-9 would attend Stanford Jr.
High and the children in grades 10-12 would attend Orange High School. The
Orange County Board of Education has indicated that all schools except Orange
High are operating at capacity.
(5) Police, Fire and Rescue Services - The Orange Rural Fire
Department has indicated they can provide fire protection with proper sized
water lines and fire hydrants at proper intervals. The Sheriff's office has
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indicated they will require three additional personnel and two additional
vehicles to provide adequate protection. The Orange County Rescue Squad can
presently provide service for this development.
The Town of Hillsborough, in a letter dated November 12, 1985 to
the Board of Commissioners, expressed a concern about the traffic safety and
congestion along Highway 70 especially in the Cameron Park School area and in
downtown Hillsborough and recommended as a requirement for approval of the
project substantial improvements to Highway 70 and St. Mary's Road. Other
conditions of approval include: (1) provide curb and gutter along all streets,
(2) provide sidewalks along both sides of the streets within the residential
areas, (3) construct the lift station at the southeast section of the project
of sufficient size to accommodate any future connections by property owners
along St. Mary's Road, (4) install sewer lines more than 100 feet from Nancy
Hill creek. The preliminary utilities plan indicates that sewer lines are to
be installed at least 50-80 feet from the creek. Members also asked that the
lines be placed on a 6" sand base with additional protective measures to help
prevent any leakage, (5) install mercury lights throughout the project area as
the project develops for additional security, (6) provide more recreation
space than the proposed 6.0 acres at the north end of the single family
development, and spread out the open space/recreation areas in order to more
adequately serve the single-family lots. Provide a "greenway area" along
Nancy Hill Creek with a jogging trail and other recreational activities, (7)
install a traffic light immediately at the intersection of St. Mary's Road and
Highway 70 Bypass, (8) provide a minimum side and rear setback area of 20 feet
rather than 15 feet for each single-family lot, (9) submit data concerning the
amount of impervious surface to be added by the project, and (10) require the
developer to place on file with the Town of Hillsborough a petition for
voluntary annexation for the proposed project area.
Collins presented the staff's recommendation. He explained that
the applicant must comply with specific standards for a planned development
and that given the three different types of development the applicant must
comply with the specific standards for each of the three types. In addition to
the standards for a planned development, all the other development standards
contained in the Orange County Zoning Ordinance must be met. The planning
staff has found that the applicant does comply with all the requirements for
approval and, therefore, recommends approval of the planned development
rezoning request and issuance of a Class A Special Use Permit with conditions
as listed below:
1. The grantee of this Special Use Permit shall post with Orange
County, in a form acceptable to the County Attorney, a bond or letter of
credit in an amount equal to the cost of all public improvements plus 10%.
The amount shall be determined on the basis of fully executed construction
contracts or certification by a registered engineer employed by the grantee of
this Special Use Permit. Security for construction of the improvements in
this project may follow phasing in the project. Specifically, as improvements
are completed in each phase a corresponding amount of money may be released
from the security instruments or the security instruments may be renegotiated
based on the "yet to do" portion of the improvements.
2. Security shall be provided for the grading, paving and stabilization of
all cleared areas► streets and other vehicular travelways; sidewalks and other
pedestrian walkways; erection of street signs; utility installation and
hookups; recreational facilities; landscaping and mulching.
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3. All necessary easements to permit utility (electricity, telephone and
cable television by any cable television provider franchised by Orange County
to serve this development) installation, servicing and hookups to the devel-
opment and to each unit within the development shall be provided at no cost to
the utility provider.
4. The grantee shall promulgate Articles of Incorporation governing tenancy
in the development and shall record a copy of the Articles of Incorporation
and regulations promulgated under this condition in the Orange County Registry
of Deeds.
5. Roads, parking areas, walkways, street signs, utilities, recreation
facilities and sites, landscaping and mulching around units shall be
maintained as constructed. All such improvements and facilities shall further
be maintained and operated in a safe manner.
6. Left and right turn lanes shall be provided on St. Mary's Road at
proposed Graham Drive.
7. Graham Drive and Hamilton Way shall have a 60' right-of-way with a 41'
paved cross section. Hamilton Way shall extend directly north to Baldwin Road
and Cameron Circle realigned to curve into Hamilton Way at a 90 degree angle
instead of connecting to Baldwin Road. This would provide an efficient
collector system using Graham Drive and Hamilton Way.
8. Turn lanes to the east and west shall be provided on Graham Drive at the
intersection with St. Mary's Road.
9. Curb and gutter shall be provided along all streets.
10. A sidewalk shall be provided on one side of the street along all streets
in the PD-H-R2 zone with curb cuts for the handicapped at street
intersections.
11. Scotswood Boulevard shall have a 90 foot right-of-way, containing a 65
foot cross section with 24 foot wide pavement widths and a 12 foot wide
median. This would allow appropriate room for heavier vehicles.
12. Left turn lanes shall be installed on Scotswood Boulevard into the
multifamily and commercial areas.
13. The driveway off Scotswood Boulevard into the commercial section is
inappropriate for the entrance of trucks. The radii should be reworked in
this area to allow easier truck access.
14. A cul-de-sac shall be constructed at the southwestern end of Carolina
Avenue and the entrance on St. Mary's Road (SR 1002) abandoned.
15. A stubout to the western property line shall be provided from Scotswood
Boulevard. This stubout shall be located to connect directly to the southern
corner of Greentree Drive.
16. A stubout to the Guy Baldwin Jr. property shall be provided with the
location to be reviewed and approved by the North Carolina Department of
Transportation.
17. Temporary turnarounds shall be provided at all stub-out streets.
18. A third lane shall be provided along US 70 between St. Mary's Road and
Miller Road (SR 1555) .
19. Left turns onto or out of the southernmost entrance to the commercial
area shall be restricted and only right turn movements permitted.
20. A traffic light shall be installed at the intersection of St. Mary's Road
and US 70 during the development of the first phase. (This provision may be
satisfied by direct action of NC DOT) .
21. All roads shall be named and the names not duplicate any other names
within Orange County. Road name signs to Orange County standards shall be
erected at all intersections.
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22. A 10-foot non-access easement shall be provided along the rear of the
lots adjoining Carolina Loop. This easement shall be labeled so as to
prohibit driveway or vehicular access onto Carolina Loop.
23. Mercury lights shall be installed throughout the development as each
phase develops.
24. The lift station at the southeast section of the project (lift station
#1) shall be of sufficient size to accommodate any future connections by
property owners along St. Mary's Road.
25. Prior to paving streets, utility service laterals shall be stubbed out to
the front property lines of each lot. Sanitary sewer laterals shall be capped
off above ground.
26. All utility lines shall be installed to state standards.
27. All utility easements shall be shown on the site plan including easements
to adjoining property. All required easement documents shall be recorded
before final plat approval.
28. The number and location of fire hydrants shall be approved prior to the
issuance of the special use permit.
29. The following recommendations apply to the recreation area and
facilities.
a. Provide a minimum of 15 acres recreational purposes (active and passive) .
The passive recreation area would include the open space area along Nancy Hill
Creek.
b. A minimum of seven (7) acres are to be developed for active recreational
purposes to include the following:
Tot lot/playground area with play apparatus for children, ages pre-
school to 14 (i.e. swings, slidest climber, whirl) and benches for
adult supervision.
- One full-length basketball court
- Picnic area which includes a small shelter with 3-4 tables, 5-7
individual picnic tables scattered throughout the woods with 1
trash receptacle and 1 grill per 2 tables.
- Bicycle paths throughout
- Open, grassed play area.
- Adequate night lights for safety and security reasons
- Appropriate landscaping
C. Provide 10 parking spaces to serve the above activities within the 15
acre recreation area.
d. Along either side of Nancy Hill Creek, designate 100 ft. as open
space/passive areas with walking and hiking paths. Provide public walkways
(to be part of the designated "open space area) to these areas from both
Graham Drive and Cameron Circle. Install bridges across the creek at either
end and midway, in conjunction with the public walkways. A pedestrian and
non-motorized vehicle easement shall be dedicated coterminous with the open
space area.
e. Multifamily recreation facilities are to include an open grassed area and
a picnic area (i.e. tables, trash receptacles, grills) .
f. Provide 13 parking spaces to serve the multifamily recreation facilities.
g. Install a fence around the pool for safety reasons.
h. Wherever possible, provide handicapped parking spaces and ramps.
Construct all walking and bicycle paths on slopes no greater than 5%.
30. All plans for drainage, soil erosion and sedimentation control shall be
reviewed and approved by Orange County and the site plan modified accordingly
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to satisfy the Soil and Erosion specifications. In addition, Orange County
shall inspect the installation of control devices and the ongoing work for the
total project. The project shall at all times meet the requirements of the
Orange County Soil Erosion and Sedimentation Control Ordinance.
31. Grading on the site shall be kept to a minimum. In lieu of planted
landscaping, existing vegetation shall be maintained between units.
32. That all signs be erected in compliance with Article 9 Signs following
issuance of a building permit and prior to the issuance of a Certificate of
Occupancy for any unit. No sign may be erected within the sight triangles for
the entranceways to the development.
33. Final landscaping plans shall be submitted and approved prior to the
initiation of construction activity.
34. That all structures be erected in compliance with applicable building
codes following submittal for and issuance of building permits.
35. A final boundary survey of the Planned Development and improvements shall
be recorded by the developer.
36. The final site plan and narrative of the project incorporating all
changes► deletions and additions through the final approval of the project are
incorporated herein and made a part of this Planned Development Special Use
Permit. A copy of the final site plan and narrative are on file with the
Orange County Planning Department. Grading and building permits, upon
application► will be issued after approval and recordation of the Special Use
Permit.
37. The development shall be built and operated according to the site plan
and written narrative supplied by the developer and in compliance with or
fulfillment of the above conditions and the Orange County development
regulations and ordinances.
38. If any of the above conditions shall be held invalid or void► then this
approval shall be void and of no effect.
Marvin Collins qualified the recommendations, indicating that
because of the lack of time to review the new information that has been
received by the Planning Staff which addresses concerns about the availability
of raw water in the northern portion of the county, including Corporation
Lake, Lake Ben Johnson and Lake Orange, he would recommend at least a 30-day
continuation of the public hearing which would allow ample time for the
Planning Staff to review the report and assess the raw water resources
available.
COMMENTS OR QUESTIONS FROM THE BOARD OR PLANNING BOARD
Commissioner Marshall noted that in the conditions of approval no
reference was made to the specific problems brought out by the Erosion Control
Officer in his memo dated November 21, 1985. She suggested that the changes
be made on the plan before approval in order to satisfy soil and erosion
control needs.
Collins indicated that the condition which requires that the soil
and erosion plans be approved by the Erosion Control Office would be
sufficient because it would allow him to address those concerns.
Commissioner Marshall noted it extremely important that the plans
be changed before approval by the Board and Collins indicated this would be
addressed at the same time the public hearing is continued.
Chair Willhoit asked about the impervious surface ratio and Collins
noted that the Town of Hillsborough asked that such information be provided
although the area is not in the protected watershed area of Orange County.
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Commissioner Marshall requested that wherever the conditions
indicate "existing vegetation" that the type of vegetation and amount to
remain be specified.
Commissioner Walker questioned the necessity of the 100 foot buffer
along Carolina Avenue and Collins explained that the 100 foot buffer is
required along the property boundary regardless of what it adjoins.
Planning Board member Barry Jacobs asked how the single family area
plan was different from the project that was presented in the late 1970's for
the same area and Collins indicated he was unfamiliar with the other plan. He
asked if a report had been made on the thoroughfare plan for Hillsborough,
and if sot if a copy could be obtained.
Barry Jacobs also asked how much of the 100 foot buffer on each
side of Nancy Hill Creek is in the floodplain and Collins explained, as shown
on the plan, that the floodplain in some places extends beyond the 100 foot
buffer and in other areas the floodplain is located within the 100 foot
buffer. The 100 foot buffer generally includes the floodplain with the
exception of the southeast portion.
Commissioner Marshall asked why the condition regarding voluntary
annexation recommended by the Town of Hillsborough was not included in the
conditions. Collins responded that since the County is not involved in
annexation and since it is a municipal policy► the County should not be
involved.
Commissioner Walker asked about the location of the Durham Loop and
its affects on the project. Collins indicated that the location of the loop
is not known at this time.
PRESENTATION BY THE APPLICANT - John McAdams, facility engineer►
presented Larry Meisner, engineer with Kimley-Horn and Associates► Inc. who
made a report on the traffic impacts. He referred to the traffic impact
analysis report which is in the permanent agenda file. He noted the proposed
Scotswood development is served by several thoroughfares. Other future road
developments that may have an impact on the proposed development would include
the widening of I-85 to six lanes and I-40 which is currently under
construction. There is a thoroughfare program being studied for the
Hillsborough area and Central Orange County. He mentioned that Highway 70 has
a 100 foot right-of-way that could be used to widen the road. The development
would access onto US 70 and St. Mary's Road. The total development would
generate 11,400 total trips with 5% of this total traffic occurring during the
first phase of the project. The second phase would generate 70% of the total
and the third and fourth phases would generate about 12% each. In all cases
the existing volume and proposed volume would be under the capacity of the
road. Regarding the improvements that would be required to accommodate the
traffic, the applicant is in agreement with those recommendations outlined by
NCDOT. Specifically, (1) that a traffic light be installed at the full
buildup of the development, (2) left and right turn lanes at all the project
entrances, (3) a left turn lane from St. Mary's to Highway 70 West► and (4)
Carolina Avenue be changed to a cul-de-sac.
Chair Willhoit asked if First and Second Avenues were paved and
Meisner indicated there are no access points to these roads from the proposed
development.
Commissioner Carey asked about the four exits onto St. Mary's Road
and McAdams indicated they are proposed to be 600-800 feet apart.
Peter Kramer asked if the traffic from Treyburn along St. Mary's
Road had been taken into account. McAdams responded that the impact of that
traffic had been considered to some extent► but that the traffic traveling St.
Mary's Road from Treyburn to Hillsborough had not been considered because most
of the residents are expected to be employed in Durham. Peter Kramer asked
that the traffic from Treyburn along St. Mary's Road to Hillsborough also be
reviewed.
Barry Jacobs asked upon what criteria the assessment that most of
the traffic on St. Mary's Road would come to Hillsborough rather than away was
based and Meiser indicated it was based on the attraction of Hillsborough and
Chapel Hill and on the number of alternate routes available to the Chapel Hill
and Carrboro area rather than through Hillsborough. Barry Jacobs asked the
distance from Lawrence Road to Scotswood but did not receive an answer.
McAdams indicated he did not know the difference between the plan
as submitted in the 1970's and the plan as submitted for Scotswood at this
time. He indicated► in response to a question from Chair Willhoit► that the
project would be phased in within a ten year period.
Commissioner Marshall requested that the beginning and completion
dates be placed on the site plan for all future projects to come before the
Board.
Chair Willhoit asked about the water pressure situation and McAdams
indicated their studies show that water pressure would be adequate for the
project including all proposed improvements.
Chair Willhoit asked if there was any proposal to provide
additional classrooms for the schools and McAdams indicated there was no
proposal for such. He noted the approximate value per house would be 575,000.
Chair Willhoit pointed out that at the current $718 per pupil, it
would take a $130►000 house just to break even.
McAdams assured the Board that the impervious surface ratio data
would be provided. He pointed out that the design of the development included
a 200 foot buffer zone on both sides of Nancy Hill Creek and that a special
effort was made to minimize the traffic impact on adjoining properties. He
made comments on the proposed conditions of approval:
(1) With reference to #7 that the 41' paved cross section be
reduced to 371 .
(2) With reference to #9 that curb and gutter not be required for
roads in the development because there is no stipulation that
curb and gutter is required by the County or NCDOT- The
elimination of curb and gutter is in line with the intent of
environmental sensitivity. Provisional curb and gutter
adds to the cost of the project.
(3) With reference to #10 that sidewalks not be required on the
cul-de-sacs or on streets where curb and gutter are not
required.
(4) With reference to #20 that the traffic light be installed by
NCDOT based on their criteria.
(5) With reference to 29b► McAdams questioned providing the
lights, stating it is usually done by the municipality.
He commented on the recommendations of the Town of Hillsborough
with regard to the sewer line being installed at least 100 feet away from
Nancy Hill Creek and noted the applicant would prefer not to be required to do
this because of the slope on both sides of the creek.
With reference to the comments made in a letter from NCDOT► McAdams
indicated the applicant does concur with everything as stated in the letter.
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Planning Board member David Shanklin asked about mail delivery and
McAdams indicated that the single family dwellings would be served by a rural
mail route and that in the multi-family dwellings a mail gazebo would be
provided. There will also be dumpster locations within the multi-family area
and a private collection service for the single-family area.
COMMENTS OR CUESTIONS FROM CITIZENS
Tom Metzer, resident of the vicinity of the proposed project,
expressed concern about (1) adequate water resources► (2) human services,
including law enforcement, (3) classrooms, teachers, etc., and (4) roadways.
He commented that the traffic pattern in that area has increased over the last
six years.
Ron Hyatt, member of the Parks and Recreation Advisory Comanittee,
expressed concerns about the proposed recreation area. With regard to the
size and location, all the proposed recreational area along Nancy Hill Creek
is in the floodplain and would not provide for those activities of an active
nature. He asked that consideration be given to another three acres south of
the designated recreation area that would be more suitable. This would
provide additional safety and lend itself to a variety of activities. The
type of soil along the creek has been described as wetlands which may be the
type of soil that would need additional support.
Mr. C. D. Smith, area resident, questioned condition #2 which
states "landscaping and mulching around all mobile home units" and if this was
in fact a mobile home park.
Marvin Collins indicated that reference should be deleted.
Smith indicated the residents in the area of Crawford Road would
prefer to have the homes facing St. Mary's Road so the present homes would not
have to look at the backside of the proposed homes. He requested that the
development be compatible with what is now on St. Mary's Road and that there
be 150 foot wide lots facing St. Mary's Road. He voiced no objection to the
development, but wants to be proud of what is built.
Joyce Brown questioned the adequacy of the water supply for the
development, the traffic problems and the amount of noise and pollution of the
air. She asked if the present sites for garbage disposal would be adequate,
questioned the increased toxins at the landfill and the impact on the land
values. She stated that taxes are already extremely high and development of
this kind will inflate present prices and values in the area. She asked that
the County stop and see what new projects have been approved and look at the
impacts on the environment and the quality of life.
Jane Gaede, resident of Highway 70 near St. Mary's Road, voiced
opposition to the project. She listed four (4) major concerns: (1) traffic -
Highway 70 is already dangerous; allowing additional traffic on the corner of
Highway 70 and St. Mary's Road would make an already hazardous situation
severely dangerous, (2) water - adequate water supply, (3) schools - already
crowded and the additional tax base from the development would not pay for
additional facilities necessary, and (4) crime - will increase the demand on
the Sheriff's Department to provide protection. She expressed concern that
Hillsborough will be ruined if development is not stopped.
Mr. C. J. Andrews, representative of the Hillsborough Historical
Society► expressed concern about the traffic problem on East King Street and
Churton Street. The Historical Society is concerned for the people who come
to visit Historic Hillsborough and walk from one area to another and the
dangerous situation that will be produced by increased traffic.
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Ms. Vivian Robertsr resident of Carolina Avenue which borders the
proposed development, does not object to development but does oppose the
Scotswood project because of the magnitude and impacts on the traffic and
schools. On the proposal to rezone single family housing area from R1 to R2,
most of the other homes bordering the project are built on one acre lots.
She questioned the use of the buffer zones and if these would maintain or
enhance the value of contiguous property as required for a Special Use Permit.
She expressed concern about the increased traffic that would be placed on St.
Mary's Road which is already dangerous. She expressed dismay that the traffic
impact report states that the intersection is not yet at capacity. The
development calls for Carolina Avenue to be closed at the west end which would
route traffic back in front of the existing homes on Carolina Avenue. Ms.
Roberts asked if this increase in traffic on the dirt road would maintain or
enhance the value of contiguous property. There are already seven buses that
travel on this road daily. The addition of 300+ children would add to that
traffic. She asked that the Board of Commissioners think very seriously about
the impact that a development of this magnitude will have on the citizens of
the area. She is not against development but prefers it to be limited to one
house per acre so that it is more compatible with the adjoining property as
well as to lessen the impact on traffic, schools and water consumption.
Mayor Frank Sheffield expressed concerns about the development that
mainly stem from the size of the project and the additional services that will
be required. With regard to the traffic impact it seems that there must be a
traffic problem before the road improvements are in place and it would seem
that the road improvements should be in place prior to or concurrent with the
development. He agrees with the citizens that stated that Highway 70 is
already at capacity and is a crowded highway. He noted this would aggravate
the dangerous situation in front of Cameron Park School. With regard to water
consumption, it is true that the Town currently has water and sewage treatment
capacity to handle the project but the concern is that this will use a fairly
large portion of what is remaining and that it► coupled with several other
projects that are planned or already approved, would essentially use up most
if not all the available capacity. He expressed an uncertainty that the Town
would have the resources to expand the plant. The other problem► in the long
run► would be the raw water shortage problem. Plans need to be in place to
assure raw water supply to handle this project and future projects. The
infrastructure and support facilities that are necessary for a project of this
size need to be in place or taking place at the current rate of development.
Sheffield explained that, at the time the project was discussed by the Town
Council► they had not included in their water and sewer policy the requirement
of annexation. The Town Council has since adopted that policy and is
requesting voluntary annexation of this development.
John McAdams indicated the applicant would readily petition the
Town of Hillsborough for annexation on a phased-in basis.
Marvin Collins made reference to an earlier question from Barry
Jacobs about the previous proposed plan for this property and stated that in
1900 the development was for 247 single family lots with an average lot size
of one acre.
Planning Board member Barry Jacobs asked that Chapter VIII on
incentive zoning from the Zoning and Land Use Controls Book by Patrick Rohan
pages 2-7 and 45-54 be entered into the record. These excerpts are on file in
the permanent agenda file in the Clerk's office. Jacobs explained that
incentive zoning delineates the fact_ that planned developments are a form of
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incentive zoning by which a municipality attempts to negotiate a type of
clustered housing and the most efficient use of land on a particular
development. It is relevant in terms of the purpose for a planned development
ordinance.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to continue the public hearing on the Scotswood development to
January 6, 1986 to allow additional time for the Planning Staff to evaluate
the new information about the availability of water resources and to possibly
develop a plan for staging of development in order to address the concerns in
that area, to look at the data available for the raw water usage by the public
utility providers which may change the recommendation, to review the
recommendations made by the Erosion Control Officer and review the conditions
- to make them more specific, and to show handicapped parking and ramps on the
elan. 0bnm iowivncr Carey corked that i.nformation be provided on the type of
soil in the proposed recreation area and Chair Willhoit requested that the
impervious surface calculations be provided.
Mr. Graham, developer, explained that the first proposal for that
area in 1979 was for one acre lots because they had planned to use septic
tanks which proved to be unfeasible.
Marvin Collins spoke to the issue of those lots in the proposed
development which backed up to other houses.
The Board announced that the continued public hearing will be open
for additional questions and comments from the Board and also for receipt of
additional public input.
VOTE: UNANIMOUS.
3. PD-6-85 BRAD SHAW MOBILE ACRES (AGRICULTURAL-RESIDENTIAL TO PLAM W
DEVELOPMENT-HOUSING - AGRICULTURAL--RESIDENTIAL)
Planner Susan Smith presented
proposed planned development rezoning and Class A Special Use Permit request.
J. Thomas Bradshaw and Beth Bradshaw are requesting a planned development and
rezoning for 94.30 acres of land located on the west side of White Cross Road
in Bingham Township. The property is located in an area designated
Agricultural Residential and is zoned AR. The applicants are not changing the
density in that district. They are requesting a PD rezoning to allow for the
cluster of units on the 94 acre tract. The application does comply with the
specific and general standards in the ordinance and the planning staff
recommends approval with the attachment of the following conditions to the
approval:
1. The grantee of this Special Use Permit shall post with Orange County, in
a form acceptable to the County Attorney, a bond or letter of credit in an
amount equal to the cost of all public improvements plus 10%. The amount
shall be determined on the basis of fully executed construction contracts or
certification by a registered engineer employed by the grantee of this Special
Use Permit. Security for construction of the improvements in this project may
follow phasing in the project. Specifically, as improvements are completed in
each phase a corresponding amount of money may be released from the security
instruments or the security instruments may be renegotiated based on the "yet
to do" portion of the improvements.
2. Security shall be provided for the grading, paving and stabilization of
all cleared areas, streets and other vehicular travelways; sidewalks and other
pedestrian walkways; erection of street signs; utility installation and
hookups; recreational facilities; landscaping and mulehing around all mobile
home units.
3. All necessary easements to permit utility (electricity, telephone and
cable television by any cable television provider franchised by Orange County
to serve this development) installation, servicing and hookups to the
development and to each unit within the development shall be provided at no
cost to the utility provider.
4. Roads, parking areas, walkways, street signs, utilities, recreation
facilities and sites, landscaping and mulching around units shall be
maintained as constructed. All such improvements and facilities shall further
be maintained and operated in a safe manner.
5. The grantee shall promulgate rules and regulations governing tenancy in
the development which shall restrict accumulation of trash and rubbish outside
of the mobile home units, shall restrict storage of goods outside of mobile
homes and shall further prohibit the storage of junked or unregistered motor
vehicles. The grantee shall file with the Orange County Planning Department a
copy of the rules and regulations promulgated under this condition and
maintain an up-to-date copy of the rules and regulations in the Orange County
Planning Department.
6. All roads within the mobile home park including the section from SR 1951
through the existing park shall be hard surfaced in compliance with NC DOT
Subdivision Roads Minimum Construction Standards (p.19 E Pavement Design) .
7. All roads will be named and the names not duplicate any other names
within Orange County. Road name signs to Orange County standards shall be
erected at all intersections.
B. Removal of snow and ice from the roads in the development and the
sidewalks within the development shall be the responsibility of the grantee.
Such removal shall be completed promptly.
9. There shall be at least 2 parking spaces per mobile home unit in the
development.
10. Mailboxes which are clustered, shall be provided close to each entrance,
but far enough into the development to prevent traffic problems on White Cross
Road. A pull-off shall be provided and the mailboxes set back off the main
entrance roads. The entrance road and pull-off shall be of sufficient width
to allow three or four cars to stop and get mail while others continue to
pass. The mailboxes shall not be located in a place that would require cars
to cross traffic, make unnatural turns or go against the flow of traffic.
Cluster mailboxes shall be located outside of sight triangles for the
entranceway.
11. Prior to the initiation of construction activity, final approval by the
State must be obtained for the community well system and the spray irrigation
wastewater disposal facility.
12. The recreation areas shall be constructed as provided in the application
and submitted site plan, with changes as specified below:
Concrete basketball court shall be constructed at grade level and not
elevated above grade. Minimum size should be 40 feet "long" by 42 feet "wide"
(regulations courts are 50 feet wide) . "Long" here refers to direction
perpendicular to the court's baseline. This "long" axis should be north
south. Three (3) feet of an unobstructed space around the court should be
provided.
Tot lot shall include play equipment suitable for pre-schoolers, as well
as younger school-age children, with at least two (2) benches provided on the
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periphery as seating for adult supervision. Surfacing under the equipment
should be clean, soft sand. Defining the tot lot area with landscape timbers
will "hold" this sand in and prevent having to add additional sand material so
often.
Trash receptacles must be provided in the tot lot/basketball court areas.
The pedestrian paths and nature trail serving the individual units and
the recreation areas shall be a minimum of 72" wide and be composed of surface
materials recommended by the Orange County Recreation Department. A
pedestrian path shall be provided to the mailboxes.
13. That all signs be erected in compliance with Article 9 Si=s following
issuance of a building permit and prior to the issuance of a Certificate of
Occupancy for any unit. No sign may be erected within the sight triangles for
the entranceways to the development.
14. Grading on the site shall be kept to a minimum. In lieu of planted
landscaping, existing vegetation shall be maintained between units.
15. All plans for drainage, soil erosion and sedimentation control shall be
reviewed and approved by Orange County. In addition, Orange County shall
inspect the installation of control devices and the on-going work for the
total project. The project shall at all times meet the requirements of the
Orange County Soil Erosion and Sedimentation Control Ordinance.
16. The project must remain in unitary ownership and no lots can be sold to
individuals.
17. A unit numbering system and corresponding unit location shall be filed
with the Planning Department prior to the issuance of any building permit.
This system shall be used in obtaining and issuing any building permit. Any
change in the unit numbering system must be filed with the Orange County
Planning Department.
18. A final boundary survey of the Planned Development and improvements shall
be recorded by the developer.
19. The final site plan and narrative of the project incorporating all
changes, deletions and additions through the final approval of the project are
incorporated herein and made a part of this Planned Development Special Use
Permit. A copy of the final site plan and narrative are on file with the
Orange County Planning Department. Grading and building permits► upon
application, will be issued after approval and recordation of the Special Use
Permit.
20. The development shall be built and operated according to the site plan
and written narrative supplied by the developer and in compliance with the
above conditions.
QUESTIONS IONS OR COMMENTS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD
Steve Yuhasz asked the applicant if all the conditions for approval
were acceptable and she indicated they were.
PRESENTATION FROM THE APPLICANT
Beth Bradshaw stressed the need for additional mobile home park
spaces. She outlined the convenience of a mobile home park including
recreational facilities for the children, nearby shopping► etc.
Fritz Brunsen from Phil Post and Associates, engineering firm,
indicated the location of the proposed development on a site plan. The water
will be supplied by wells drilled on the site. It was found that the land was
not suitable for septic tanks. The on-site wastewater system will be a type
recommended by the Department of Environmental Management and suitable for
disposal of sewage from the proposed number of units. There is no reason at
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this time to put the mobile homes that are presently on the site onto the new
system. This particular site has more than the 100 foot buffer as required in
the ordinance. Commissioner Marshall asked if the wastewater system could be
sized for future connection of the existing mobile home units if the need
arises. Brunsen responded the system could be built large enough to handle the
existing mobile home units if that was a stipulation of approval for the
project.
Barry Jacobs asked for an explanation of the enforcement history
for the property in question and Susan Smith indicated there were no
violations at this site.
COMMENTS OR QUESTIONS FROM CITIZENS
Vickie Cecil asked the distance from the road to the units on the
upper side and Susan Smith indicated the units were set back at least 300
feet, not including the road right-of-way.
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to adjourn this item to January 6, 1986 to receive the Planning Board
recommendation.
VOTE: UNANIMOUS.
4. Z-12-85 WILDWOOD SECTION IV (RESIDENTIAL-1 TO RESIDENTIAL-4)
Planner Susan Smith presented for receipt of public comment a
general rezoning request submitted by Wildwood Corporation. Wildwood
Corporation is requesting a rezoning of property located west of NC86 and west
of Sections 1, 2 and 3 of Wildwood Subdivision and south of the Southern
Railroad right-of-way. The parcel contains 28.8 acres and is designated Ten
Year Transition Area. The present zoning of the property is Residential-1 and
the applicant is requesting a rezoning to Residential-4. Smith referenced the
impact analysis:
(1) Water and Sewer Service
The Town of Hillsborough water and sewer system currently serves Wildwood
Subdivision Section I-III. An 8" gravity sewer line bisects the property and
connects to a pump station located immediately south of the Southern Railroad
right-of-way and a 6" force main which continues north into Hillsborough. A
12" water main serves the property from the north. A 6" water main extends
into the property from Joppa Oaks subdivision.
This project would require the extension of water and sewer lines into
the site. An R-4 rezoning of the 28.8 acre tract would result in the
development of approximately ninety-eight (98) units. Assuming three bedrooms
per unit, the project could generate the need to treat 44,100 gallons of water
per day. This represents 1.47% of the total water treatment plant capacity of
3.0 M® and a 3.2% increase over current use of 1.4 M®.
(2) Roads/Traffic
The site would be served by access to NC 86, an arterial, via John
Breckenridge Road, Walter Clark Drive and proposed Oakdale Drive extension
which establishes the northern boundary of the site. The 1984 traffic count
for NC 86 at its intersection with SR 1710 (Old #10) is 7000 trips per day. A
projected 98 units would result in an additional 656.6 trips per day, bringing
the total trips per day generated by Wildwood Sections I- IV inclusive to
1816.
John Breckenridge Road and Walter Clark Drive currently serve as sub-
collector roads. The addition of ninety-eight (98) dwelling units utilizing
both these roads, in addition to Oakdale Drive extension, would not adversely
impact the service level of the roads. No further improvements are required
on NC 86 to accommodate the traffic increase.
0003,105
(3) Recreation Facilities
Under the Land Use Intensity (LUI) system an R-4 rezoning does not
require the provision of recreational space. The 2.92 acre recreational
area which serves the existing Wildwood subdivision is so located as to be
accessible to serve this site. It includes an open area► picnic tables and
pedestrian paths. Applying the recreational space requirements for planned
developments to Sections I - IV inclusive (R-4=.03; R-5=.036) ► a total of
2.817 acres of recreational area would be required. The existing recreational
area satisfies these requirements.
(4) School
School-age children living in the development would attend Grady Brown
Elementary School, Stanback Middle School► Stanford Junior High School and
Hillsborough High School. According to Mr. Ralph Compton of the Board of
Educationt all the schools with the exception of Orange High School are
operating at capacity. Using a multiplier of .718 for 3 bedroom single-family
units, an estimated 70 school-age children will be generated by this project.
(5) Police, Fire and Rescue Services
Services to the site will be provided by the Orange County
Sheriff's Department► Orange Rural Volunteer Fire Company and Orange Rescue
Squad. Courtesy review responses have been received from the service agencies
which indicates an ability to adequately serve the site.
(6) Mjwgraphv
The physical characteristics of the property present significant
development constraints in terms of topography and geological formations.
Considerable attention must be paid to these constraints in the clearing of
the property, construction of roads and construction of residences,
particularly in the issuance of grading and building permits.
COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD
Barry Jacobs asked for an explanation of why the planning staff
found the recommendation from the Hillsborough Planning Board unsuitable in
this case. Susan Smith indicated that the position of the Orange County
Planning staff is that the existing sections of Wildwood Subdivision are
developed at R-4 and R-5 densities and it would be consistent to continue with
that density for the remainder of the tract.
PRESENTATION BY THE APPLICANT
Fritz Brunsen► Philip Post and Associates► indicated on a map the
location of the R-4 and R-5 areas. The existing Section II is zoned R-5 and
Section I is zoned R-4. He noted that because of the slope of the lard►
nothing would be built on those lots which proved to be too steep.
COMMENT'S OR QUESTIONS FROM CITIZENS
None.
Z-13-85 P & S SPORTING GOODS, INC.
Planner Susan Smith presented for the receipt of public comment a
rezoning request submitted by P & S Sporting Goods, Inc. for rezoning of
property located south of NC54 and approximately 550' east of Morrow Mill
Road. The parcel contains 4.54 acres. The property is located within an area
of the County designated Agricultural-Residential and Rural Neighborhood
Activity Node. The present zoning of the property is AR. The applicant is
requesting a rezoning to LC-1. Rezoning of the property would increase the
amount of area zoned for commercial purposes within the designated activity
node and would allow for expansion of the existing commercial use.
000300
Smith referenced the impact analysis and made the following points:
(1) Water and Wastewater Systems - the property is served by on-site
water and sewage disposal systems. Expansion of existing systems requires
approval of engineered plans by both the Orange County Health Department and
State Division of Health Services.
(2) Roads/Traffic - the property is served by NC 54, an arterial
road. A 1984 traffic count for NC 54 indicates 6,000 trips per day at its
intersection with Orange Grove Road. Traffic generation estimates for
permitted uses at this site range from 235 trips per day for an office use to
815 trips per day for a freestanding retail use. The requested zoning
district generally provides for uses considered low traffic generators which
generate less than 200 vehicle trips per day.
(3) Police, Fire and Rescue Services - Services to the site will be
provided by the Orange County Sheriff's Department, Orange Rural Volunteer
Fire Department and Orange Rescue Squad. Courtesy review responses have been
received from the service agencies indicating an ability to adequately serve
the site.
(4) Relationship between Land Use Plan and Zoning Ordinance - Since
the property is located within the Rural Neighborhood activity node, that
rural neighborhood designation corresponds with certain kinds of zoning
districts. There are two types of low density low-impact type commercial
districts permitted in that particular activity node. They are Local
Commercial-1 and Neighborhood Commercial-II. The Zoning Ordinance also
establishes a relationship between the amount of land zoned a certain way in
an activity node and in case of this activity node the Ordinance specifies the
maximum amount of land that may be zoned LC-1 is nine (9) acres except in
rural, non-transition areas where the maximum is five (5) acres. This would be
considered a rural, non-transition area. There are currently 3.08 acres zoned
NC-2 and no acreage zoned LC-1 at this activity node.
(5) Permitted Uses - The purpose of the LC-1 zoning district is to
provide appropriately located and sized sites for limited commercial uses
designed to serve a population at the neighborhood and rural level with
convenience goods and personal services. The kinds of uses permitted include:
- single family dwellings
- day care, nursery, kindergarten
- family care home
- rehabilitative care facility
- church
- community center
- schools of music, dance and art
- assembly facility (greater than 300)
- banks and financial institutions
- beauty and barber shops
- social clubs
- health services (under 10,000 sq. ft. )
- laundry and dry cleaning services
- motor vehicle services stations
- night clubs and bars
- offices and personal services (few customers or clients, low
traffic volumes, no adverse impacts beyond space occupied by
building)
- recreational facilities (profit)
- repair services (electronic and appliance)
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retail trader sales and rental of convenience goods,
merchandise and equipment (few customerst low traffic volume►
no outside storage and no adverse impacts beyond space occupied
by the building)
Smith indicated that the rezoning of a 4.54 acre tract as proposed
would provide for the expansion of the existing facility or development of
other principle uses on individual lots. Both would require that the
applicant would comply with many of the requirements of the Zoning Ordinance
including land use intensity system which sets out maximum amounts of floor
area open space, pedestrian space and other types of services. Also it
requires that the site be landscaped and provide parking. The Planning Staff
recommends approval of the request.
COMMTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD
Planning Board member Steve Kizer stated the reason there is not more
property zoned LC-1 in this activity node is because the parcel containing the
corporation's building is already illegally zoned GC-4. This happened five
(5) years ago when the County zoned the property. He reiterated that LC-1
provides for a commercial use that is designed to serve a population in a
rural neighborhood with convenience goods and personal services. The intent
of this designation was to provide for the local convenience store which P & S
Sporting Goods is not. It does not serve the local population, but is a
national company. Alsoj, the traffic count is estimated to be more than that
permissible in an LC-1. He asked that the Planning Staff reconsider their
recommendation of approval because the proposal does not fall within the LC-1
designation in accordance with the Zoning Ordinance.
COMNIE'NTS OR QUESTIONS FROM CITIZENS IN THE AUDIENCE
Cheryl Atwater voiced opposition to the rezoning request. She noted she
is against the products that are sold at Adam and Eve and asked that the
County Commissioners review the literature on these products. She asked that
those in the audience against the rezoning to stand and twenty people
responded.
Mr. R. D. Emerson spoke in opposition of the rezoning request. He
compared the present Adam and Eve facility to a waste treatment plant. This
rezoning in no way would better the community. He would be shocked to receive
a catalog and sees no way the products sold could better his family.
Dan Eddleman addressed the intent of the LC-1 district and read the
location criteria as stated in the Zoning Ordinance which indicates the user
serve a market area population of the immediate area and generally would not
serve commuters or persons outside the surrounding neighborhood. The proposed
use of P & S Sporting Goods is not in keeping with the intent or the spirit of
the local businesses in an LC-1 district. Their ads appear in national
magazines. By approving this rezoning the County would be setting a precedent
in approving this business as a complying use in LC-1 district. He asked that
the Planning Board and Board of Commissioners assure compliance with the
Zoning Ordinance.
Jeanette Jones pointed out that P & S Sporting Goods is an existing
business which is requesting a rezoning to expand that business. They do hire
employees from this area and the building is attractive and landscaped. There
is not at present a traffic problem and this rezoning would not have an
impact. She spoke in support of the expansion which would bring in more
000308
revenue for the County and provide jobs. The issue is the rezoningr not the
morals or what they sell.
Allen Coon pointed out that the sale of pornographic material for a
profit is no better than prostitution. He feels the County has a moral
responsibility to check on the type of business that goes in there.
Ralph Warren spoke in opposition of the rezoning. The strip development
that is occurring should be stopped. The pros and cons of what is sold need to
be considered and the legal points that Dr. Kizer mentioned need to be
reviewed.
Ms. Lee spoke in support of the rezoning.
6_. Z-14-85 REZONING REQUEST FROM JAMES L HILL
Planner Susan Smith presented for public comment a proposed rezoning
request submitted by James Hill. The rezoning is for .57 acres on land
located at the southeast corner of the intersection of U.S. 70 and N.C. 751 in
Eno Township. The property is located in an area designated Twenty Year
Transition Area and Commercial Transition Activity Node. The present zoning
of the property is Rural Residential 1. The applicant is requesting that the
lot be rezoned to Community Commercial III. Approval of the request would
allow a community commercial use at this intersection. Smith commented on the
potential impacts imposed by the request:
(1) Water and Sewer Services - the City of Durham has indicated it would
serve the site with public water and sewer services either in place or to be
extended to the site.
(2) Traffic Impact - the property is located at the intersection of US
70 and NC 751. It has a total of 77 feet of road frontage; 64.3 feet abuts
the sight distance triangle for NC 751 and the remainder of that abuts US 70.
A strip of property owned by Duke University separates this parcel from NC
751. The closeness of this tract to the intersection and the small amount of
road frontage limits access points and could cause traffic congestion at this
intersection. The latest traffic count information dated 1982 indicates a
count of 5800 trips per day on US 70 at the Durham County Line and 4600 trips
per day on NC 751. Based on possible uses at this particular siter traffic
generation could be as high as 1040 trips per day for a fast food restaurant
and as low as 129 trips per day for an office use.
(3) Police. Fire and Rescue Services the Eno Volunteer Fire Department
and Orange County Rescue Squad have indicated their willingness to serve this
lot with no problems and the Sheriff's office indicated that this rezoning did
not need law enforcement approval.
(4) Relationship between Land Use Plan and Zoning Ordinance - The
Commercial Transition activity node designation corresponds with the full
range of commercial zoning districts from LC-1 through GC4. The Zoning
Ordinance establishes the maximum amount of land zoned Community Commercial-
III at any activity node at 29 acresr except in rural, non-transition areas
where the maximum is 15 acres. There is no acreage zoned CC-3 at this
activity node.
(5) Permitted Uses - the permitted uses for CC-3 are the full range of
services including commercial► office and service uses including limited
automotive, convenience, durable goods, and other similar uses.
Rezoning of the site would allow for development of the property for
those uses permitted by right in the district. Development of the site must
comply with applicable requirements of the Land Use Intensity systemr
landscaping and screening, parking and signage.
00j: 0
(f) Zoning Ordinances Article 8 SPECIAL USES and Article 6 APPLICATION
OF DIMENSIONAL REQUIREMENTS - provision for the issuance of a Class A Special
Use Permit to accommodate requests for modifications of impervious surface
requirements for property subject to the Protected Watershed-II overlay zoning
district.
Marvin Collins stated the staff is recommending that a Class A
Special Use Procedure be established that would permit modification of the
impervious surface of up to 5%. He reiterated the additional information that
would be required as a part of the application. There would be additional
standards of evaluation and impervious surface regulations placed on this
special use permit.
Marvin Collins noted one concern is that a ceiling be put in the
provision and enough flexibility be allowed to meet the impervious surface
ratio. A justification would be needed in order to use this procedure for
modification.
Planner Susan Smith stated that OWASA did not have adequate time to
review this proposed amendment or the other watershed amendment and asked for
an extension of time for receipt of their convents.
(e) Zoning Ordinance, Article 6 - APPLICATION OF DIMENSIONAL
REQUIREMENT'S - provision for easement over or ownership of land adjoining, or
not-adjoining parcels for development to satisfy impervious surface and
undisturbed area requirements for property subject to Water Quality Critical
Area (WQCA) and Protected Watershed-II (PW-II) overlay zoning districts.
Smith indicated this amendment specifically provides an opportunity
to use land either adjoining or non-adjoining a piece of property to satisfy
both undisturbed area and impervious surface requirements. The acreage must
be within the water supply watershed and either owned by the applicant or
covered under an easement agreement.
Don Cox made comments about satisfying watershed standards off-site:
(1) he felt the intent of the watershed standards, particularly as they relate
to the impervious surface, is something to be dealt with in small increments
of runoff from impervious surfaces for a particular site and not with a large
area that cannot be managed, and (2) that providing the correct ratio by
adding land set aside somewhere else does not meet the intent of minimizing
the amount of runoff where it exists.
Chair Willhoit pointed out that the infiltration of the first half
inch would be the limiting factor and not the lot size.
Marvin Collins indicated that if a person is unable to acquire an
easement from a person who owns property adjacent to or does not own the
land adjacent to the property► the Special Use Permit procedure gives a third
option.
Susan Smith listed the remaining Proposed Land Use Plan and
Ordinance Text Amendments and commented briefly on each. They are listed
below:
(a) Land Use Plan - Orange County Highway Classification System. The
highway classification of roads has been updated to include 1984 traffic
counts.
(b) Zoning Ordinance, Article 4 - ESTABLISHMENT OF PERMITTED USE TABLE
AMID SCHEDULE - provision of revised zoning district criteria for access. This
restates the criteria for road access for each zoning district.
(c) Zoning Ordinance► Article 22 - DEFINITIONS - Provision of revised
street definitions.
000311
(g) Subdivision Regulations, Section III-PRELIMINARY PLAN-Provision for
the submittal of twenty-seven (27) copies of the Preliminary Plan for Board►
agency and staff review.
(h) Subdivision Regulation Section III-D PRELIMINARY PLAN - provision of
an eighty-five (85) day review period for preliminary plans by the Planning
Board.
Motion was made by Commissioner Marshall, seconded by Commissioner Carey
to continue the public hearing on Articles 6 and 8 until December 2, 1985 to
receive comments from OWASA and to refer to the Planning Board for their
recommendation the remaining proposed land use plan and ordinance text
amendments.
B. ADJOURNMENT
Chair Willhoit adjourned the meeting. The next regular meeting will be
held on December 2, 1985 at 7:30 in the Orange County Courthouse►
Hillsborough, North Carolina.
Don Willhoit, Chair
Beverly A. Blythe, Clerk