HomeMy WebLinkAboutAgenda - 09-12-2016 - Agenda 1
ORANGE COUNTY BOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING AGENDA NOTE: Information is available on-line
September 12, 2016 at the "Meeting Agendas" link at:
7:00 P.M. http://www.orangecountync.gov/
Richard Whitted Meeting Facility and also in the Planning Department
300 West Tryon Street or the County Clerk's Office
Hillsborough, NC 27278
NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is
available on request. If you need this assistance, please call the County Clerk's
Office at (919) 245-2130.
Note: The Legal Advertisement for the Quarterly Public Hearing is included in the agenda
packet immediately following the agenda.
A. OPENING REMARKS FROM THE CHAIR
B. PUBLIC CHARGE
The Board of Commissioners pledges to the residents of Orange County its respect.
The Board asks its residents to conduct themselves in a respectful, courteous manner,
both with the Board and with fellow residents. At any time should any member of the
Board or any resident fail to observe this public charge, the Chair will ask the offending
member to leave the meeting until that individual regains personal control. Should
decorum fail to be restored, the Chair will recess the meeting until such time that a
genuine commitment to this public charge is observed. All electronic devices such as
cell phones, pagers, and computers should please be turned off or set to silent/vibrate.
C. PUBLIC HEARING — QUASI JUDICIAL ITEMS
1. Application for a Class A Special Use Permit—To review a Special Use Permit
application seeking to develop a solar array/public utility station on a 52 acre parcel
of property (PIN 9835-02-9137, no address assigned yet) which is accessed via an
easement from 6519 U.S. Highway 70 West within the Cheeks Township.
D. PUBLIC HEARING — LEGISLATIVE ITEMS
Note: Items D.1, 2, and 3 are related but separate, stand-alone, items. Because public
comment may address aspects of the three items, staffs presentation will encompass all
three items before opening the public comment portion of the hearing for the three items.
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1. Town Of Hillsborough/Orange County Central Orange Coordinated Area Land
Use Plan Amendment - To review government-initiated amendments to the Land
Use Plan, involving five parcels south of Interstate 40 in the vicinity of Old Highway
86.
• Four parcels totaling approximately 166.2 acres are proposed to be changed
from "Suburban Office Complex" to "Employment".
• One parcel totaling 34.58 acres is proposed to be changed from "Mixed
Residential Neighborhood" to "Suburban Office Complex".
2. Unified Development Ordinance (UDO) Text Amendment - To review
government-initiated amendments to the text of the UDO that would modify existing
regulations that pertain to the Hillsborough Economic Development District.
3. Zoning Atlas Amendment- To review government-initiated amendments to the
Zoning Atlas that would rezone:
• Four parcels totaling approximately 166.2 acres and 17.05 acres of Interstate
right-of-way from EDH-3 (Economic Development Hillsborough Limited Office
with Residential [current name]) to EDH-5 (Economic Development Hillsborough
Research and Manufacturing [proposed name]). The parcels are located
immediately south of Interstate 40 and west of Old Highway 86.
• One parcel totaling 34.58 acres and 8.92 acres of Interstate right-of-way from
EDH-2 (Economic Development Hillsborough Limited Office) to EDH-4
(Economic Development Hillsborough Office / Retail [proposed name]). The
parcel is located immediately south of Interstate 40 and east of Old Highway 86.
4. Unified Development Ordinance (UDO) Text Amendment - To review
government-initiated amendments to the text of the UDO that would establish use
standards to allow certain principal uses to include a small component of other
specific uses in the O/RM (Office/Research and Manufacturing) zoning district.
E. ADJOURNMENT OF PUBLIC HEARINGS
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NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A meeting of the Orange County Board of Commissioners will be held at the Whitted
Building, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Monday,
September 12, 2016 at 7:00 PM. At the meeting the Board will hold several public
hearings including both Legislative and Quasi-Judicial matters. For Legislative matters all
interested persons may speak on the item. In contrast, only persons with standing may
participate as parties in Quasi-Judicial hearings.
Quasi-Judicial Hearings:
The purpose of this hearing will be to gather evidence to determine whether the
ordinance's standards have been met. The Board must base its decision solely on the
competent, material and substantive evidence presented during the hearing. The Board
must exclude from consideration both their personal and the public's opinions. All
interested persons are welcomed to observe the hearing regardless of their ability to
participate.
The Orange County Planning and Inspections Department provides a Special Use Fact
Sheet online explaining the submittal and review process:
http://www.orangecountync.gov/departments/planning_and_inspections/SUP_Fact_Sheet
.pdf
1. Application for a Class A Special Use Permit: In accordance with the
provisions of Section 2.7 Special Use Permits (SUP) and Section 5.9.6 (C) Solar
Array — Public Utility of the Unified Development Ordinance (UDO), ESA
Renewables, Oakwood Solar LLC, and Helen and Carl Mace (the property
owners) have submitted a Class A SUP request to develop a Solar Array- Public
Utility on a parcel of property off of US Highway 70 within the Cheeks Township.
The array will be located on a 27.3 acre portion (leased acreage) of a 52.1 acre
parcel of property, further identified as Orange County Parcel Identification
Number (PIN) 9835-02-9137. Access to the array shall be through an adjacent
property located at 6517 US Highway 70, (PIN) 9835-10-3858, also owned by
the Mace family. The SUP, if approved, would encumber both properties to
allow for the development of the proposed solar array.
The properties in question are zoned:
• Rural Residential (R-1),
• Existing Commercial (EC-5)
Approximately half of the 5 acre parcel (PIN 9835-10-3858) is zoned EC-5
with the remaining acreage zoned R-1. This is the property where the
access easement for the solar array will be located,
• Back Creek Protected Watershed Protection Overlay District, and
• Efland-Cheeks Overlay District (ECOD) Pre-designated commercial area.
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and are located within the 10 Year Transition land use classification 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.
The Orange County Planning Board has recommended approval, with conditions,
of the SUP application.
Purpose: To review the item and receive sworn testimony on the Class A
Special Use Permit application.
Legislative Hearings:
The purpose of these hearings will be to collect public opinion. All are welcome to
comment or express their concerns. The Board has more discretion in its legislative
decisions than its quasi-judicial actions. Thus, here they are permitted to incorporate
public opinion as they seek to further the health, safety and general welfare of the county.
1. Town of Hillsborough/Orange County Central Orange Coordinated Area
Land Use Plan Amendment: In accordance with the provisions of the
Hillsborough-Orange Interlocal Land Management Agreement, the Town of
Hillsborough and Orange County have initiated amendments to the Land Use
Plan involving five parcels south of Interstate 40 in the vicinity of Old Highway
86. The amendments are proposed to better promote economic development
opportunities in the area and help preserve planned sewer capacities for non-
single-family residential uses.
• Four parcels totaling approximately 166.2 acres are proposed to be changed
from "Suburban Office Complex" to "Employment". The Parcel Identification
Numbers (PIN) are as follows:
9863-93-6843 9863-71-8857 9863-91-6573 9873-01-4031
(portion of) (portion of)
• One parcel (PIN 9873-20-2388) totaling 34.58 acres is proposed to be
changed from "Mixed Residential Neighborhood" to "Suburban Office
Complex".
The Orange County Planning Board has recommended approval of the proposed
Land Use Plan amendments.
Purpose: To review the item and receive public comment on the proposed
amendments.
2. 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).
Text amendments are proposed to the following sections:
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• 3.7 Economic Development Districts
• 5.2.2 Table of Permitted Uses— Economic Development Districts
• 5.5 Standards for Residential Uses
• 5.6 Standards for Commercial Uses
• 6.7.5 Specific Standards for Hillsborough EDD
The purpose of the proposed text amendments is to better promote economic
development opportunities in the Hillsborough Economic Development district by
modifying some development standards, types of permitted uses, and use
standards
The Orange County Planning Board has recommended approval of the proposed
UDO text amendment.
Purpose: To review the item and receive public comment on the proposed
amendments.
3. Zoning Atlas 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
Zoning Atlas (Map). The proposed amendment involves five parcels south of
Interstate 40 in the vicinity of Old Highway 86 plus adjacent interstate right-of-
way.
All or portions of four parcels, totaling 166.2 acres, located west of Old Highway
86 are proposed to rezoned
FROM: EDH-3 (Economic Development Hillsborough Limited Office
with Residential [current name])
TO: EDH-5 (Economic Development Hillsborough Research and
Manufacturing [proposed name, per separate text amendment
action])
The affected Parcel Identification Numbers (PIN) are as follows:
Parcel Identification Owner on Record Acreage
Number(PIN) Proposed to
be Rezoned
9863-93-6843 (portion Sally and Allen Addison 4.15 acres
of)
9863-71-8857 (entire) Suzanne Upton 88.52 acres
9863-91-6573 (portion Christy D. Bailey, et al 59.53 acres
of)
9873-01-4031 (entire) Rant B. Barlow, Jr. 14.0 acres
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Additionally, 17.05 acres of Interstate right-of-way are proposed to be rezoned
from and to the same zoning districts.
One 34.58 acre parcel located east of Old Highway 86 is proposed to rezoned
FROM: EDH-2 (Economic Development Hillsborough Limited Office)
TO: EDH-4 (Economic Development Hillsborough Office / Retail
[proposed name, per separate text amendment action]).
The affected Parcel Identification Number (PIN) is as follows:
Parcel Identification Owner on Record Acreage
Number(PIN) Proposed to
be Rezoned
9873-20-2388 (entire) Robert J. Ayers, et al 34.58 acres
Additionally, 8.92 acres of Interstate right-of-way are proposed to be rezoned
from and to the same zoning districts.
Three zoning overlay districts also apply in this geographic area (Watershed
Protection, Special Flood Hazard Area, and Major Transportation Corridor). No
modifications are being proposed to the boundaries of the three overlay districts.
The geographic area of the five affected parcels and the affected Interstate right-
of-way are located primarily within the Hillsborough Township portion of the
county with a small portion of the overall area located within Chapel Hill
Township.
The properties are located within the Economic Development Transition Activity
Node as denoted on the Future Land Use Map of the Comprehensive Plan and
within the Urban Designated Area as denoted on the Growth Management
System Map.
The Orange County Planning Board has recommended approval of the proposed
UDO text amendments.
Purpose: To review the item and receive public comment on the proposed
amendments.
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 Unified Development Ordinance, the Planning
Director has initiated amendments to the text of the Unified Development
Ordinance (UDO).
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Text amendments are proposed to the following sections:
• Section 5.14, Standards for Manufacturing, Assembly, and Processing
• Section 5.17, Standards for Miscellaneous Uses
The purpose of the proposed amendments is to establish standards to allow
certain principal uses to include a small component of other specific uses in the
O/RM (Office/Research and Manufacturing) zoning district.
The Orange County Planning Board has recommended approval of the proposed
UDO text amendments.
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 one of the phone numbers below.
The full text of the public hearing items may be obtained no later than September 2,
2016 at the County website www.orangecountync.gov at the County Commissioners
Agendas link
(http://www.orangecountync.gov/departments/board of county commissioners/agendas.php#).
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 or you may e-
mail questions to planningdept @orangecountync.gov.
PUBLISH: The Herald Sun News of Orange
August 31, 2016 August 31, 2016
September 7, 2016 September 7, 2016