HomeMy WebLinkAboutAgenda - 02-04-2014 - 6l 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2014
Action Agenda
Item No. 6-1
SUBJECT: Legal Advertisement for Quarterly Public Hearing — February 24, 2014
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Legal Advertisement Perdita Holtz, Planning Systems
2. Location Maps Coordinator, 919-245-2578
Craig Benedict, Planning Director, 919-
245-2592
PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 24,
2014.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general County policy and presentation format. The
following items are scheduled for the February 24, 2014 Quarterly Public Hearing (see maps in
Attachment 2 for locations):
Applications-
1. Class A Special Use Permit request submitted by Strata Solar and Stout Farm LLC to
develop a 5 megawatt solar array/public utility station on two parcels of property,
totaling approximately 52 acres in area, off of Redman Road in Cheeks Township.
Parcel Identification Numbers (PIN) are 9844-06-5971 and 9844-17-2687.
2. Class A Special Use Permit request submitted by Sunlight Partners LLC, Kinetix
Engineering and Shelia Bishop, Michael Bishop, and Annie Nunn to develop a 5
megawatt solar array/public utility station on two parcels of property, totaling
approximately 50 acres in area, off of Mt. Sinai Road in Chapel Hill Township. Parcel
Identification Numbers (PIN) are 9881-38-8874 and 9881-49-3072.
3. Zoning Atlas Amendment request submitted by Mr. and Mrs. Don and Donna Easterlin
to rezone an approximately 12 acre parcel of property located at 5908 US 70 East in
Eno Township:
FROM: Economic Development Eno Low Intensity (EDE-1); Economic
Development Eno High Intensity (EDE-2); and Lower Eno Protected
Watershed Protection Overlay.
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TO: Economic Development Eno High Intensity (EDE-2) and Lower Eno
Protected Watershed Protection Overlay.
4. Unified Development Ordinance Text Amendment request submitted by Mr. and Mrs.
Don and Donna Easterlin to amend Section 5.6.5 (A) (2) (b) Kennels (Class ll) —
Standards of Evaluation to reduce required setbacks for Class II Kennels developed
within the EDE-2 zoning district. The current minimum setback is 150-feet. The text
amendment would reduce the required setback to 25-feet which is the minimum setback
for other structures developed in the EDE-2 zoning district.
County Initiated:
5. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments and Zoning Atlas Amendments to establish two new zoning overlay
districts in the Efland area (see map in Attachment 2 for locations) in Cheeks Township.
The proposed overlay districts are measures to implement some of the
recommendations contained in the adopted Efland-Mebane Small Area Plan. This item
was heard at the November 19, 2012 quarterly public hearing but was not adopted in
2013.
6. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments to establish the Agricultural Support Enterprises program outside of
the Rural Buffer land use classification.
7. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments to establish the Agricultural Support Enterprises program within the
Rural Buffer land use classification.
8. Unified Development Ordinance (UDO) Text Amendments to change the existing
public hearing process for Comprehensive Plan-, UDO-, and Zoning Atlas-related
projects/amendments.
The legal advertisement in Attachment 1 provides additional information regarding these items.
The BOCC approved the Amendment Outline Form for items 5 and 8 at its October 15, 2013
meeting and approved the Amendment Outline Form for item 6 at its September 5, 2013
meeting. Item 7 is an "umbrella" item under item 6 — the amendments related to the Rural
Buffer were separated from the remainder of the county after the November 21, 2013 Assembly
of Governments meeting because it was determined amendments to the Joint Planning Area
Land Use Plan & Agreement would be necessary in order to apply the Agricultural Support
Enterprises program in the Rural Buffer. Because amendments to the Joint Planning Area
documents involve more steps and the staffs and elected officials of the joint planning partners,
County staff believed it would be prudent to separate the amendments that pertain to the Rural
Buffer for both timeliness and clarity purposes.
FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2013-14
Budget, there are no direct financial impacts associated with the approval of this item.
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RECOMMENDATION(S): The Manager recommends the Board approve the proposed
February 24, 2014 Quarterly Public Hearing legal advertisement.
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Attachment 1
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, February 24, 2014
at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items-
1. Class A Special Use Permit: In accordance with the provisions of Section 2.7
Special Use Permits and Section 5.9.6 of the Orange County Unified Development
Ordinance (UDO), Strata Solar and Stout Farm LLC have submitted a Class A
Special Use Permit application seeking to develop a solar array/public utility station
on two parcels of property, totaling approximately 52 acres in area, off of Redman
Road between the railway and Interstate 85/40 in Cheeks Township.
Strata Solar intends to lease the parcels, with Parcel Identification Numbers (PIN) of
9844-06-5971 and 9844-17-2687, owned by Stout Farm LLC to develop a 5
megawatt facility involving the erection of individual solar arrays.
The properties in question are zoned Rural Residential (R-1), Upper Eno Protected
Watershed Protection and Major Transportation Corridor (MTC) Overlay Districts.
The properties are located within the Commercial Industrial Transition Activity Node
(CITAN) land use category as denoted on the Future Land Use Map of the
Comprehensive Plan and the Urban Designated Area as denoted on the Growth
Management System Map.
Purpose: To review the item and receive public comment on the application.
2. Class A Special Use Permit: In accordance with the provisions of Section 2.7
Special Use Permits and Section 5.9.6 of the Orange County Unified Development
Ordinance (UDO), Sunlight Partners LLC, Kinetix Engineering and Shelia Bishop,
Michael Bishop, and Annie Nunn have submitted a Class A Special Use Permit
application seeking to develop a solar array/public utility station on two parcels of
property, totaling approximately 50 acres in area, off of Mt. Sinai Road near
Cascade Drive in Chapel Hill Township.
Sunlight Partners LLC intends to lease the parcels, with Parcel Identification
Numbers (PIN) of 9881-38-8874 and 9881-49-3072, to develop a 5 megawatt facility
involving the erection of individual solar arrays.
The properties in question are zoned Rural Buffer (RB) and are located within the
Rural Buffer land use category as denoted on the Future Land Use Map of the
Comprehensive Plan and the Rural Designated Area as denoted on the Growth
Management System Map.
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Purpose: To review the item and receive public comment on the application.
3. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8 Zoning
Atlas and Unified Development Ordinance Amendments of the Orange County
Unified Development Ordinance (UDO), Mr. and Mrs. Don and Donna Easterlin
have submitted an application seeking to rezone an approximately 12 acre parcel of
property located at 5908 US 70 East in Eno Township:
FROM: Economic Development Eno Low Intensity (EDE-1); Economic
Development Eno High Intensity (EDE-2); and Lower Eno Protected
Watershed Protection Overlay.
TO: Economic Development Eno High Intensity (EDE-2) and Lower Eno
Protected Watershed Protection Overlay.
The parcel in question is currently split zoned with a Parcel Identification Number
(PIN) of 0803-11-5662. Approximately 8.6 acres of the property is zoned EDE-2
with the remaining acreage (approximately 3.4 acres) zoned EDE-1.
The property is currently utilized to support a Class II Kennel operation and a
telecommunications tower. Kennels are a permitted use of property, subject to the
issuance of a Class B Special Use Permit, in the EDE-2 zoning district and are
prohibited within the EDE-1 zoning district. According to the application, Mr. and
Mrs. Easterlin are requesting the rezoning to eliminate the existing split zoning and
ensure the kennel operation is entirely contained within the EDE-2 general use
zoning designation.
The property subject to this petition is located within the Economic Development
Transition Activity Node land use category as denoted on the Future Land Use Map
of the Comprehensive Plan and the Urban Designated Area as denoted on the
Growth Management System Map.
Purpose: To review the item and receive public comment on the application.
4. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the UDO, Mr. and Mrs. Don and Donna Easterlin have submitted an
application seeking to amend Section 5.6.5 (A) (2) (b) Kennels (Class 11) —
Standards of Evaluation to reduce required setbacks for Class 11 Kennels developed
within the EDE-2 zoning district.
Section 5.6.5 (A) (2) (b) of the UDO requires a Class 11 Kennel operation, including
outdoor runs, exercise yards, or buildings where animals are housed, to observe a
150 foot setback from property lines.
According to the application, Mr. and Mrs. Easterlin operate a Class 11 Kennel at
5908 US 70 East, the majority of which is zoned EDE-2. Portions of the operation,
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permitted under an existing Special Use Permit issued on March 10, 1986, are within
the required 150 foot setback.
The proposed amendment would reduce the required setbacks for Class II Kennels,
developed within the EDE-2 zoning district, to 25 feet which is the typical setback
required for structures developed within the district.
Purpose: To review the item and receive public comment on the application.
5. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments and Zoning Atlas Amendments: In accordance with the provisions
of Section 2.3 Comprehensive Plan Amendments and Section 2.8 Zoning Atlas and
Unified Development Ordinance Amendments of the Unified Development
Ordinance, the Planning Director has initiated an amendment to the text of the 2030
Comprehensive Plan and the Unified Development Ordinance and to the Zoning
Atlas.
The purpose of these amendments is to establish two new zoning overlay districts in
the Efland area in Cheeks Township. These proposed actions are measures to
implement some of the recommendations contained in the adopted Efland-Mebane
Small Area Plan. This is virtually the same text amendment that was heard at the
November 19, 2012 quarterly public hearing but the text amendment was not
adopted in 2013.
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding a checkmark to potentially allow a
special zoning overlay district in the following land use classifications: 20-Year
Transition, Commercial Transition Activity Node, Commercial-Industrial Transition
Activity Node, and Economic Development Transition Activity Node.
The following Sections of the UDO are proposed for amendment: 2.5.7 and 4.4.
Additionally, existing Sections 4.5 and 4.6 will be renumbered to 4.7 and 4.8,
respectively. New Sections 4.5 and 4.6 will be inserted to establish the new zoning
overlay districts. Existing Section 6.6.3 will be renumbered to be 6.6.5 and new
Sections 6.6.3 and 6.6.4 will be inserted to establish standards for the two proposed
zoning overlay districts.
The proposed renumbering will also affect references to the sections proposed for
renumbering. References will be updated in the following existing Sections: 4.5.1
(which will also be renumbered to 4.7.1), 6.8.12, and 7.13.2.
The Zoning Atlas is proposed to be amended in order to depict the geographic
extent of the two overlay districts.
The general geographic extent of the proposed "Efland Village Overlay District" is
the railroad tracks that run through Efland to slightly north of U.S. Highway 70 with
west-east boundaries of the Harding Road area and Gym Road.
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The general geographic extent of the proposed "Efland Interstate Overlay District" is
the railroad tracks that run through Efland to Interstate 40/85 with west-east
boundaries of a line between Gaines Chapel Road and Center Street and the U.S.
70 Connector.
A map depicting the proposed overlay districts is available on the Planning
Department's website at: http://orangecountync.gov/planning/SpecialProjects.asp
Single-family residential uses are not subject to the proposed overlay districts.
Purpose: To review the item and receive public comment on the proposed text and
zoning atlas amendments.
6. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments: In accordance with the provisions of Section 2.3 Comprehensive
Plan Amendments and Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance, the Planning
Director has initiated an amendment to the text of the 2030 Comprehensive Plan
and the Unified Development Ordinance and to the Zoning Atlas.
The purpose of these amendments is to establish a zoning program commonly
referred to as Agricultural Support Enterprises (ASE). This text amendment would
establish the ASE program outside of the Rural Buffer land use classification, as
depicted on the Future Land Use Map of the 2030 Comprehensive Plan. This is a
program that has been in development since 2001.
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding an ASE-CZ zoning district that
would potentially be allowed in the following Land Use Classifications: Commercial
Transition Activity Node, Commercial-Industrial Transition Activity Node, Rural
Residential, Agricultural Residential, Rural Community Activity Node, Rural
Neighborhood Activity Node, and Rural Industrial Activity Node.
The following Sections of the UDO are proposed for amendment: 2.4.3, 2.5.2, 3.8,
numerous Sections in Article 5 (including the Table of Permitted Uses), 6.2.5, 6.2.6,
6.4.10, 6.8.6, 6.9.7, and Article 10 (Definitions).
The purpose of the Agricultural Support Enterprises program is to accommodate
appropriate uses farmers outside of the Rural Buffer land use classification can
pursue in order to generate additional farm-related income and to potentially allow
farming support/related uses in rural areas while minimizing any adverse impacts on
adjoining property by applying special standards for specific uses and the
development requirements in the County's UDO for all projects. By better enabling
farmers to stay in the business of farming, the rural, farming heritage of Orange
County will continue to be preserved.
8
Additional information about this topic is available on the Planning Department's
website at: http://orangecountync.gov/planning/SpecialProjects.asp
Purpose: To review the item and receive public comment on the proposed text
amendments.
PUBLIC INFORMATION MEETING
for this proposal
In an effort to better inform interested persons in an informal setting, a Public
Information Meeting will be held on Thursday, February 13, 2014. Interested
persons will have the opportunity to hear a presentation and ask questions
about the proposed amendments. The Public Information Meeting will be
held in the Food Lab of the Environmental and Agricultural Center located at
306 Revere Road in Hillsborough and will begin at 6:00 p.m.
7. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments: In accordance with the provisions of Section 2.3 Comprehensive
Plan Amendments and Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance, the Planning
Director has initiated an amendment to the text of the 2030 Comprehensive Plan
and the Unified Development Ordinance and to the Zoning Atlas.
The purpose of these amendments is to establish a zoning program commonly
referred to as Agricultural Support Enterprises (ASE). This text amendment would
establish the ASE program within the Rural Buffer land use classification, as
depicted on the Future Land Use Map of the 2030 Comprehensive Plan.
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding a checkmark to potentially allow
the ASE-CZ zoning district in the Rural Buffer land use classification.
The following Sections of the UDO are proposed for amendment: 3.8 and several
sections in Article 5, including the Table of Permitted Uses and Sections that are not
currently adopted but would be adopted as part of "ASE outside of the Rural Buffer'
(item #6 above).
The purpose of the Agricultural Support Enterprises program, as it applies to the
Rural Buffer land use classification, is to accommodate appropriate uses farmers
can pursue in order to generate additional farm-related income and to potentially
allow appropriate farming support/related uses in the Rural Buffer while minimizing
any adverse impacts on adjoining property by applying special standards for specific
uses and the development requirements in the County's UDO for all projects.
Projects in the Rural Buffer must also conform to the Joint Planning Area Land Use
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Plan/Agreement which is a joint planning effort between Orange County and the
Towns of Chapel Hill and Carrboro. By better enabling farmers to stay in the
business of farming, the rural, farming heritage of Orange County will continue to be
preserved.
Additional information about this topic is available on the Planning Department's
website at: http://orangecountync.gov/planning/SpecialProjects.asp
Purpose: To review the item and receive public comment on the proposed text
amendments.
PUBLIC INFORMATION MEETING
for this proposal
In an effort to better inform interested persons in an informal setting, a Public
Information Meeting will be held on Thursday, February 13, 2014. Interested
persons will have the opportunity to hear a presentation and ask questions
about the proposed amendments. The Public Information Meeting will be
held in the Food Lab of the Environmental and Agricultural Center located at
306 Revere Road in Hillsborough and will begin at 6:00 p.m.
8. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated amendments to the text of the Unified Development Ordinance (UDO).
The purpose of the amendments is to change the existing public hearing process for
Comprehensive Plan-, UDO-, and Zoning Atlas-related items/amendments.
The following Sections are proposed for amendments: 2.1, 2.3, 2.7, 2.8, 5.10.2.
The proposed amendments would replace the existing joint Board of County
Commissioners (BOCC)/Planning Board quarterly public hearings with a minimum of
eight (8) BOCC-only public hearing dates per year. The Planning Board would make
its recommendation to the BOCC after the public hearing but a quorum of Planning
Board members would no longer be necessary to hold a public hearing.
Purpose: To review the item and receive public comment on the proposed
amendments.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling the one of the phone numbers
below. The full text of the public hearing items may be obtained no later than February
14, 2014 at the County website www.co.orange.nc.us at the Meeting Agendas link.
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Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH: The Herald Sun News of Orange
February 12, 2014 February 12, 2014
February 19, 2014 February 19, 2014
VICINITY MAP - STRATA SOLAR Attachment 2 11
CLASS A SPECIAL USE PERMIT REQUEST
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