HomeMy WebLinkAboutPublic Hearing Notice for 11-27-1995 Mtg. - Land Use Plan, Zoning Atlas and Zoning Ordinance Text Amendments and Class A Special Use Permit ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held in the Auditorium of the New Stanback Middle School at 3700
N.C. Highway 86 South, Hillsborough, North Carolina, on Monday, November 27, 1995 at
7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against
the following items:
ORANGE COUNTY LAND USE PLAN AMENDMENTS
1. CP-2-95 Charles W. and James L. Davis
REVISE the Land Use Element of the Orange County Comprehensive Plan to expand an
existing Twenty-Year Transition area to include property currently designated Rural
Residential. The property in question is located between NC 86 and Churton Street
Extension, adjacent to the Town of Hillsborough Extraterritorial Jurisdiction and the
northern boundary of the I-40/01d NC 86 Economic Development District. The property
proposed for designation as Twenty-Year Transition contains 50 acres, and is further
referenced as a portion of parcel 4.2..45. The remainder of the parcel is already
designated Twenty-Year Transition.
2. CP 3-95 Land Use Amendments
The proposed amendments to the Land Use Element include revisions to: (b)Section 2.2,
Natural Environment, to rename the section, Natural & Cultural Resources, update
information concerning environmental features and provide a basis for identifying
Primary and Secondary Conservation Areas; (b) Section 3.3, Land Use Plan Categories,
and Section 3.4, Locational Criteria, to revise the current Land Use Plan category,
Resource Protection Area, to include updated natural and cultural resource data, and
define the category in terms of Primary Conservation Area features; (c) Section 3.5,
Land Use Goals & Draft Policies, to amend Goal 1.1 to include "Resource Protection
Areas" with "Public Interest Districts" as areas to protect from adverse development
impacts; and (d) the Land Use Plan map to designate "Resource Protection Areas"
consistent with the aforementioned changes to the Land Use Element text.
ORANGE COUNTY ZONING ATLAS AMENDMENTS
1. Z-7-95 Vernon P. and Barbara S. Davis
REVISE the Orange County Zoning Atlas to rezone 4.67 acres of a 10.01-acre tract
owned by Vernon and Barbara Davis from AR Agricultural Residential to AS
Agricultural Services. The property is located at the southeast corner of NC 54 and
White Cross Road, and is known as a portion of parcel 6.30.3M. The property is
designated Agricultural Residential in the Land Use Element of the Comprehensive Plan.
2. Z-8-95 Jones Concrete
REVISE the Orange County Zoning Atlas to rezone 1.54 acres owned by Henry Ernest
Jones from AR Agricultural Residential to EC-5 Existing Commercial. The property is
located on the west side of NC 86 about 2100 feet north of Carr Store Road, and is
known as parcel 2.31.5. The purpose of the request is to correct an error in the Zoning
Atlas and recognize that commercial use of the property for a concrete service business
existed at the time of the initial zoning of Cedar Grove Township on January 1, 1994.
CLASS A SPECIAL USE PERMIT
1. SUP(A)-1-95 Reba and Roses
Laura Baldwin requests approval of a Class A Special Use Permit for Non-Residential
Use/Mixed Use of a Historic Structure to operate a gift shop within an existing structure
previously used for farm use. The property to be included in the Special Use Permit
contains about 5 acres identified as portions of lots 5.14..21 and 5.14..21A. The
property is located on the west side of Baldwin Road, about 1000 feet north of St.
Mary's Road. The current zoning is R-1 Rural Residential and the Land Use Plan
designation is Rural Residential.
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1. Amend ARTICLE 4.3 PERMITTED USE TABLE to require approval of a Class B
Special Use Permit for new telecommunication towers shorter than 200 feet, and
approval of a Class A Special Use Permit for new telecommunication towers 200 feet or
taller.
2. Amend ARTICLE 8.8.17 RADIO AND TELEVISION TRANSMITTING AND
RECEIVING TOWERS, AND ELEVATED WATER STORAGE TANKS (CLASS B
SPECIAL USE) to eliminate reference to and Special Use Permit requirements pertaining
to radio and television transmitting and receiving towers.
3. Add ARTICLE 8.8.17a TELECOMMUNICATION TOWERS (Special Use Permit
application requirements and standards of evaluation) to require provisions which may
include the following: setbacks adjacent to residential zoning districts must be equal to
the tower height, but may be reduced to 50% of tower height if the remaining distance
is included within a fall zone easement on adjoining property; setbacks adjacent to non-
residential zoning districts must be equal to at least 50% of the tower height, but a lesser
setback may be approved if an engineer certifies the proposed setbacks contain the
potential collapse zone; a Type C Land Use Buffer (40 feet in width) must be provided,
and existing vegetation may be removed only to the extent necessary; the applicant must
provide specific documentation to indicate that efforts to co-locate on an existing tower
were unsuccessful; the applicant must provide specific documentation that he/she is
willing to allow shared use of the proposed tower; towers must be of a light color that
minimizes visual impact, and may not be lighted unless required by federal or state law;
the tower must be found to not unreasonably interfere with the view from a significant
areas; obsolete towers must be removed.
4. Amend ARTICLE 6.16.6.3 HOME OCCUPATIONS IN THE RB, AR, AND R-1
DISTRICTS (MIN. 200,000 SQUARE FOOT LOTS) to allow waiver of the specific
screening and setback requirements for home occupation accessory buildings provided
that the minimum setbacks of the zoning district are met and the accessory structure is
not visible from the road or from adjoining property.
5. Amend ARTICLE 6.2.2 CLUSTER DEVELOPMENTS to change all references to
"Cluster Development" to "Flexible Development".
6. Amend ARTICLE 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
(WATERSHED PROTECTION OVERLAY DISTRICTS) to permit off-site individual
wells, and septic tank or alternative disposal systems on lots in the Cane Creek Protected
Watershed (CANE-PW)and Critical Area(CANE-CA), and Upper Eno Critical Area(U-
ENO-CA) when located in a flexible development subdivision approved in accordance
with Section IV-B-10 of the Subdivision Regulations.
7. Amend ARTICLE 22. DEFINITIONS to eliminate the definition of "Cluster
Development" in its entirety and substitute a new definition entitled "Flexible
Development" which defines the purpose of such development and identified the various
design options through which to achieve that purpose.
ORANGE COUNTY SUBDIVISION REGULATIONS
1. Amend the ORANGE COUNTY PRIVATE ROAD STANDARDS to create a new Class
AA Private Road which could serve 26 to 50 lots, and which would require a paved
travelway 18 feet in width. The Board of Commissioners could approve a subdivision
which results in a cumulative total of 26 to 50 lots on an existing private road which does
not fully meet Class AA private road standards provided that: the road exceeds standards
required for a Class A private road in either width or surfacing requirements; Emergency
Management has certified that the road is adequate for access by emergency vehicles; and
at least 1/2 of the lots which are served by the private road are already developed.
2. Amend SECTION IV-B-10. CLUSTER DEVELOPMENTS to eliminate it in its entirety
and substitute a new SECTION IV-B-10 entitled FLEXIBLE DEVELOPMENT. The
purpose of the proposed amendment is to encourage and allow greater flexibility and
creativity in the design of subdivisions to preserve agricultural and forestry lands, natural
and cultural resources, and rural community character that might otherwise be lost
through conventional development approaches. A summary of the major provisions of
the amendment is as follows:
• Existing zoning designations would not be changed, and Flexible Developments
would be permitted in all residential zoning districts except the RB -Rural Buffer
district.
• The provision of open space would be optional, however, a developer would be
required to submit two concept plans - one for a conventional subdivision and
another for a "flexible" or open space subdivision. (Although the Flexible
Developmentproposal, as worded, allows the developer to choose which concept
plan to pursue, the mandatory provision of open space is another option to be
considered as part of this public hearing.)
• If a Flexible Development option is chosen, at least one-third (33%) of the land
within a subdivision must be preserved as open space which may be preserved
through:
• An "estate lot" approach where all land is subdivided into lots four (4)
acres or greater in size, building limits (50%) are established for each lot,
and the open space outside such limits is preserved through restrictive
covenants and/or conservation easements; or
• A "conservation" approach where all land is subdivided into lots, and
open space is preserved through the use of conservation easements held
by the County or a land conservancy, or owned and maintained by a
homeowners association; or
• A "cluster" approach where lot sizes are reduced and the land saved
through such reductions is dedicated to the County or a land conservancy,
or owned and maintained by a homeowners' association; or
• A "village" or modified cluster approach where dwelling units are
clustered around a village green and supporting shops, and the village is
surrounded by open space; or
• Some combination of the above, including the use of "density averaging"
to allow flexibility in areas where two-acre minimum lot size requirements
exist.
• Density bonuses, while limited by the type of water supply and/or sewage
disposal service available to the development, may be achieved by:
• Providing greater amounts of open space than required; or
• Providing affordable housing units either as part of the development or at
an off-site location; or
o Purchasing the development rights on farm or forest lands, natural areas,
and similar resources; or
o Some combination of the above.
• Water supply and/or sewage disposal service may include:
• Individual wells and septic systems on each lot or located off-lot (even in
protected watersheds) within a recorded easement, including subsurface
disposal or spray irrigation on open land; or
• A community water and/or sewage disposal system, including subsurface
disposal or spray irrigation on open land, designed, constructed, and
maintained in conformity with all applicable state, federal, and local rules
and regulations; or
• Connection to a water and/or sewage disposal system operated by a
municipality, association, or water or sewer authority. For a flexible
development that provides affordable housing and/or additional open
space, public water and sewer extensions could be permitted or extended
through "non-transitional areas" to serve defined "transit corridors" and
"transition areas".
3. Amend SECTION III-D-1. CONCEPT PLAN APPROVAL to change the approval
procedures for Major Subdivision Concept Plans to include the following:
• Require a developer to submit a site analysis map and two concept plans- one for
a conventional subdivision and another for a "flexible" or open space subdivision.
Where a developer wishes to seek approval of a flexible subdivision plan, he/she
does not have to submit a conventional subdivision plan. Likewise, where a
developer wishes to seek approval of a conventional plan in which all lots would
be occupied by affordable housing, only a conventional subdivision plan must be
submitted.
• Provide for a Public Information Meeting to be held prior to the time that the
Planning Board considers Concept Plans for approval. The purpose of the meeting
is to provide adjoining property owners with an opportunity to learn about a
proposed subdivision development at the beginning of the subdivision approval
process from the developer.
• Following approval of the Concept Plans by the Planning Board, allow the
developer to choose which development option - conventional or flexible - to
pursue.
4. Amend SECTION V-B. CONCEPT PLAN to indicate that a Concept Plan for a Major
Subdivision consists of three parts, a Site Analysis Map, a Conventional Subdivision
Option, and a Flexible Development Option, and identify the information which must be
provided on each map or plan.
5. Amend SECTION H. DEFINITIONS to eliminate the definition of "Cluster
Development" in its entirety and substitute a new definition entitled "Flexible
Development" which defines the purpose of such development and identified the various
design options through which to achieve that purpose.
The specific text amendments proposals as described in this notice are available for public
inspection at the Orange County Planning Department.
All interested citizens are invited to attend this hearing and be heard. Public comment will be
received during the public hearing. Following the close of the public hearing, only evidence
received in writing by the date of the Planning Board meeting following the public hearing will
be considered by the Board of Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate and discussion at the
hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department
located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North
Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also
call 732-8181 (Hillsborough), 688-7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-
2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff
member who will answer your questions.
Marvin Collins, Planning Director
PUBLISH: News of Orange Chapel Hill Herald
November 15, 1995 November 16, 1995
November 22, 1995 November 23, 1995