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HomeMy WebLinkAboutAgenda - 05-11-1981 AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS MONDAY, MAY 11, 1981 SUPERIOR COURTROOM, ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA 7:30 P.M. 1. Mr. Fred Hazard will address the Board regarding the Midway Airport and proposed industrial park. (15-20 minutes) 2. Opponents of the location of the Midway Airport and pro- posed industrial park will address the Board. (15-20 min- utes) 3. Board work session on proposed zoning atlas, zoning ord- inance and land use plan. rW- * ) • The Greater Chapel Hill-Carrboro Chamber of Commerce 104 S. ES TES DRIVE / CHAPEL, HILL, N.0 27514 / PO, BOX 2897 / 967-7075 `.; May 11 , 1981 John Morgan and I are members of the Board of Directors of the Greater Chapel Hill-Carrboro Chamber of Commerce. As representatives of the Chamber, we would like to present the following resolution adopted today by the Chamber: WHEREAS, the existence of suitable aviation facilities are a necessary ingredient to attracting quality economic development in Orange County, WHEREAS, airport development requires a cooperative partnership among local government , state government and private interests, THEREFORE, it is in this spirit that the Board of Directors of the Greater Chapel Hill-Carrboro Chamber of Commerce support the development of suitable aviation facilities in Orange County. L , '". The Greater Chapel Hill—Carrboro Chamber of Commerce has a very real interest in the existence of an airport in Southern Orange County. We appear here tonight neither as opponents or proponents of the Buck Mountain or Midway loca' k ' or for that matter, the existing Horace Williams location. Rather, we appear to make some general observations related to the importance of an airport in Southern Orange County - and to pose a series of questions which we would ask you , as our Commissioners consider and give us your official respon First , let us speak to the question of the need for a n airport in Southern Orange County. L Today the prime demand for a general aviation airport rests with the University of North Carolina Division of Heal Affairs. There is a secondary demand from corporate aircraf F for flight instruction and for maintenance. The extent of this demand is difficult to determine as use of Horace Willi is restricted to minimize the complaints of those who have purchased homes in the area Our point is that the known - demand justifies an airport . Potential demand only increases the need. Our second point relates to location. It is abundantly clear from recent discussions involving members of the Chapel Hill Town Council , that there is an overwhelming desire on their part to see Horace Williams Airport closed and its tp; 3 operations moved outside of town to a relatively undevelop€ area. The University clearly concurs. It has stated its willingness to move to a viable location--viable that is from an economic as well as an operational viewpoint . These facts, we submit, are agreed upon, by all partiE i . e. that a general aviation facility near Chapel Hill-Carr is needed and second, that the existing location is unsatis factory . Given these conditions, we submit the following questi for your consideration: 1) Do the commissioners agree that a replacement airpo is needed to serve Southern Orange County? 2) Will you be able to state your answer to the first question in the near future, so that all concerned may benefit from your conclusions? 3) If your decision is positive, will you instruct the County administration to develop criteria by which <'-rticee- °moo, an airport development will be judged? 1.(4,Cif “e t3JA at alatg5 SGr10-45"Atv5ftefkra AliZatCHZ:456 vmrevuefirm mAtEmati-er" ? 4) Will you instruct the County administration to reca areas which should be zoned to permit an airport to <eit, (kA5.. . .)cfii)6(114.4,- 43-taw/go war-mird constructed? SeCH 404,W5. mama)— derRitiki Mitimett.se 5c:raw 4tItvg7U44-- 5) Will you state your preference--a private airport no cost to the county or a publicly financed facil 6) If your preference is for a public facility, will y( please indicate how you expect to see it financed? r-- We ose these quest "ons because y ir letter to Mr :az1 of ctober 28, 1980 is 'in confl " t with current .roposals ,en it states that "the land. . . . which ( it is proposed) to thvelop an airport ad I *ustrial park C . no time has) been c ,ssified or reg de* as suitable or desr, *le for either of these t' • uses . " We und- and that , to the contrar , airports are now permitte* and a. is proposed will * Itinue to be peritted in r-sidential an agricultura dist- icts such as at •roposed for this a -a. Moveover, we fur Aer understand that .. e, though not - 11 , of the area , •uld q*alify for comme cia use though no- li: gt industr ' ,1 . w. der how it was pos- 'b e to conclude th-.t the p .r as ye . u*adopted is "likely • rznder non-conformin: 4y * - elopmen . . . (and) make ,ny future development ilnsossible"% Is Mr. * Azard being told in advan, e that . iy applicatic for a special u-- *emit will be turned • ew without regard to the merits .f h' s application? We a,e s e there is a ether e •lanation. also wonder wh the Octot*er , 1980, letter , *e no r- 'erence o the existin: pr.) ision for airpor ).--or he , proposed provisions . We would point out that there are a number of existing private airports in the County--all small, unlighted, unpave( and uncontrolled. One , we are told, belongs to a member of this board. Will they all become non-conforming? We suggest that the County should establish criteria to be met by airports of differing uses in the interest of public safety. Such criteria are easily available. 5 We suggest further that the need to close Horace Williw and open a new airport is so real and immediate that public policy on airports in Orange County needs to be set in the immediate future. Thank you. april IU, IJOI t. . Page 5 , . 8.8.4 Group Care Facility (Class B secial Use) t k 8.8.4.1 Additional Information In addition to the information required by Subsection 8.2 and 8.8.1.1 the following shall be supplied as part of the applicati a) A description of the type of persons to be cared for and the nature of the care to be provided. b) If structural alterations to existing structures or new construction is required, a complete description of the nature and extend of these alterations or new construction. 8.8.4.2 Standards of Evaluation The following standards shall be used in deciding an application for approval of this use: a) The proposed use is not Within 500 feet of another existing Family Care Facility or Group Care Facility. • b) Structural alterations shall be of such a nature as to • preserve the residential character of the building. c) If a state license or permit is required to operate such a facility, the standards necessary to qualify for such a perait have been met. - , 8. 8.8.8 General Aviation Airports SIOL And Helisorts (Class A .-cial 8.8.8.1 Additional Information In addition for the information required in Subsection 8.2 and 8.8.1.1, the following shall be submitted as part of the application. a) A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas. These diagrams should also be over laid on aerial photographs that show the area within 5 miles of the proposed site. • b) Isosonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. c) The number and type of aircraft proposed to be stored including , also the storage areas for aircraft, fuel and motor vehicles, service areas for aircraft. d) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are ( available and adequate to protect the proposed facility. e) List land uses within the final approach areas of the airport. ' 8.8.8.2 Standards of Evaluation a) The site and, its operation will not alverselv affpnt rt, - k- - Board of Commissioners April 30, 1981 Page 6 b) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. c) Adequate land area is provided for all of the proposed uses, buildings and storage areas. d) Screening of buildings storage and maintenance areas is provided from adjacent residential land. e) letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. f) Access shall be directly onto a State mkt road. g) Compatible land uses are located in the final approach areas of the airport. 9. 10.3 The Off-Street Parking Standards have been revised. Item i) was revised and item j) was included in a much revised form in the new item i). i) New parking areas shall observe a 10 foot setback frau all road rights of way and a 5 toot setback from all side and rear property lines. Such setbacks shall be landscaped to provide a partial buffer to adjacent residentially zoned property. The definition of a bona fide farm was revised as fbllows: Bonafide Farm The use of land for fanning, horticulture and fo rest land, the tract must be actively engaged in the comercial duction of growing of crops, plants, animals, and/or the commercial production of of of trees, and/or the commercial production of growing of fruits, vegetables nursery or floral products. All farm tracts must also have a sound nanagement program. It is further intended that the tract meet one of the following criteria: „------- 1) Composing ten or more acres on one or more tracts-owna-d or e ttwit ;rrEziei-annual sales i cillZ101(3g.riefloTTfid .1.A rLeedtil.Z. t 1 = 2) A Minim= of twenty acres of forest land under a sound management program owned or leased by the bonafide farm unit. , , 1 1 ORANGE COUNTY PLANNING DEPARTMENT IXELLSBOROUGEC NOtcrilt CAROLINA 27278 „otto ,~446100.7% MEMO TO: Planning Board FROM: Planning Staff DATE: May 7, 1981 SUBJECT: Tentative agenda for the May 12, 1981 meting to be held in the District Courtoom in Hillsborough at 7:30 p.m. 7:30 1. Does any member wish to add to this agenda? 7:35 2. Approval of the minutes from the May 5, 1981 meeting. (Attachment A) 7:40 3. Discussion of various requests for prezoning vacant land; for Special Use Permits; or for consideration of a Proposed Non-conforming Use. (Attachment B) 8:45 4. Continued discussion of the zoning atlas. (Attachment C) 9:00 5. Discussion of Article 7; Planned Developments (Attachment D) 10:00 6. Discussion of the Staff revisions to the third draft, of the Zoning Ordinance. /sw Fr- ATTACHMENT A ORANGE COUNTY PLANNING DEPARTMENT TrmtaBOROTTGII NORTH CAROLINA 27278 woo.% PLANNING BOARD MINIMS MAY 5, 1981 MEMBERS PRESENT: Dr. Logan Irvin, Dr. Steve Kizer, Art Cleary, Dr. John Wilso David Shanklin, Hazel Lunsford, Pat Crawford STAFF PRESENT: Fred Luce, Rick Cannity, Jim Polatty Agenda Item #1 Additions to the agenda. There were no additions, Agenda Item #2 Approval of April 27, 1981minutes. The minutes were approved with no changes. Agenda Item #3 Dropped from the agenda, Agenda Item #4 Additional May meetings The Board set May 12th as an extra meeting night and will decide at their May 18th meeting if additional May meetings are required. Agenda Item #5 Preliminary Plan for C. M. Mayse Estate Mr. Cannity briefly discussed the plat. Dr. Irvin moved approval. Cleary seconded. Motion passed unanimously, Agenda. Item #6 Continued discussion of the proposed zoning ordinance Article 22 - Definitions Family - There was discussion about provisions for domestic servants. Cleary moved to drop the last sentence of the definition referring to domestic servants. Kizer seconded. Motion passed unanimously. i . Planning Board Minutes May 5, 1981 Page 2 Family Care Home There was discussion about the exclusion of drug addicts and alcoholics and persons requiring professional health care from this definition. Staff agreed to come back with changes to this section. Junked or Wrecked Motor Vehicles The Board revised the definition to read: Motor vehicles which are not registered with the State of North Carolina, do not have current north Carolina inspection stickers and a) partially dismantled or wrecked or b) incapable of operation. Mobile Home There was discussion about how mobile homes less than 31 feet are to be treated. Staff replied they are considered recreational vehicles. Staff agreed to further clarify what a mobile home is according to state law. Outdoor Advertising Industry Staff will come back with a revision of this definition Dr. Irvin moved acceptance of Article 22 subject to several further revisions by staff. Kizer seconded. Motion passed with 5 in favor Irvin, Cleary, Kizer, Shanklin, Lunsford and 1 abstained Wilson. Article 23 Dr. Irvin moved acceptance of this article. Wilson seconded Motion passed unanimously. Article 24 The Board approved Section 6.22 as written in the memo to the County Commissioners dated 4/30/81. Kizer moved. Cleary seconded. Motion passed with 1 abstained Shanklin. Discussion of Article 4 - Existing Commercial Districts Cannity recommended deleting severatuses":from-Ithe existing commercial category in the Permitted Use Table. The Board then discussAa 1.1.1a 144. Planning Board Minutes May 5, 1981 Page 3 the proposed zoning districts for those uses. Agenda Item #7 Will the Board recommend a date for a public hearing on the Zoning Ordinance Cleary.moved to recommend that:the County Commissidns' set June 15 as the date for a public hearing on the zoning ordinance. Irvin seconded. Motion passed unanimously. The meeting adjourned at 10:20 PM. ATTACHMENT B fr ORANGE COUNTY PLANNING DRPARTIVIENT BILLSBOROITGEC NOR ME CAROLINA 27278 I- 41111aN . W MEMO . Planning Board FROM: Planning Staff SUBJECT: List of Proposed Non-Conforming Uses of Land, Uses of Major Structures and Premises, and Structures DATE: May 6, 1981 In order to clarify how the Staff has handled non-conforming uses in Orange County, enclosed is a list of the -non-conforming uses we have identified: ENO TOWNSHIP ZONE TAX MAP SR #59 Gates Septic Tank Res-Ar 20-29A i36-2 HILLSBOROUGH TOWNSHIP #2 Triangle Crematorium R-1 43-B-14 1133 #9 Orange Concrete R-1 45-32 1710 #72 R & J Specialty Co. R-1 23-A-10 1560 #77 Bowmans Pool Hall AR 7-A-7 1395 #79 Moose Lodge AR 32-A-2B US70 BINGHAM TOWNSHIP #12 MDK AR 13-11A 1102 #29 Mello L. Teer Asphalt Plant R-1 28-9 NC 54 #24 J.W. 's Place NO-2 28-18 NC 54 #44 Tumbleweed NC-2 26-6 NC 54 CHAPEL HILL TOWNSHIP #3 Castaway Club R-1 4-22 1710 #5 Garage R-1 5-23A 1714 ' #6 Gary W. Dean R-1 5-1A 1714 #7 rean's Truck & Coach R-1 5-50 1715 r #8 Bass Welding R-1 5-55 & 56 1715 #11 Glass Company R-1 5-43 off 1716 #25 National Chemical Lab R-1 19-17A NI fl • , Itij;5 FLeg: Planning Board 'warn° Ma.y 6; 1981 Page 2 ZONE TAX MAP SR HILL CHAPEL TOWNSHIP #53 BaLlentine-krers lg. R-1 23-25 Old 86 #63 Hill Country Furniture R-1 115-1 /sw „." ;4:4, ORANGE C°73inzaBoortinPLANNINc julitoorraNGHAGt DEpARTmENT 27278 gd, , MEMO 10: Planning Board FROK: Planning Staff SUBJECT: Staff policy on the application of zoning districts DATE: May 8, 1981 The Staff has had the policy in the application of the zoning districts that no vacant land would be prezoned for commercial or industrial use, within the unzoned townships. The Staff feels that the Planning Board should keep separate the consideration of prezoning land and the adoption/extension of the ordinance. After the ordinance is in place, requests for changes could be more appropriately considered. Specifically, the requests include: 1 - The land around the proposed Midway Airport/Ernest Crawford on highway 54 2 - Historic renovation at Oaks in Bingham Township 3 - Monitor, Inc. on highway 54 4 - OWASA site on highway 54 5 - Nello L. 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" rt 0 0 II tz., 0* ■4 et. fp tz ' , PI Pt tz - CO V 0P0 rt 0 0 T,t3 f•-■ ik'. . ti rp I •ti L=, fi 14, 14(E".1 jf irtakES / - r< PetTAL r APPLICATION FOR CHANGE OF ZONING DISTRICT CLASSIFICATION DATE / 40P The Honorable Board of County Commissioners Orange County, North Carolina cominsSIONERS: The undersigned request that property located on Tax Map Number 3 . Block number s Lot number/Z-2 Shown on"the accompanying plat, which is Ares ntly in a District be rezoned to for the following reasons cu-st-A-4 • # e / / 44 4 f‘d 144.*C"'. I Nava.4 00.4 abonoW gn 1.bilao-Ooom•IN M M11.1.111a. AV siit Address: e MEW feel e c Arr ..mrsan.1■9 •111.•■■••Wo .4, woo 044.•••••01 Owl• vow.. •••••4 ••••••■00.1. w. 1,••••• W11■■•• .3 71 d . Pt. to rt 0 0 DI .-4 0 :g (...t. 0 1-6 0 P. D4 0 0 rt (D (4. 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L.- The Honorable Board of County Commissioners Orange County, North Carolina COMMISSIONERS: The undersigned request that property located on Tax Map Number t5 -Z Block number , Lot number i , Shown on'the accompanying plat, whic1} ,s presently in a , te. Mr 4 District be rezoned to for the following reasons: • I " / I.; if / ' if i - - affir' /1" / .,. J .4,....., .014ifoolgiomollifiluir JA,o (' i Zelir. C'e--- air .1 alrillMAIllirde 6,771,—, •Wf _ _ ......., ...■................a...................,........wo.............. * • .41111 APF Si■SMV44111lir - Address: - ......' 711. C<vi - az. 4410, , , zit. ,.... , , , 407 aop, if .Ajosewiez,... ,.....)2.,6,6, of coe.,,,,...,_ ___ ___ •••■•••4 ermy...■■I 6.m.,A 4,..■•.0 ..... soma. or wow '.. a *..........,..........„,„, ...■•,......., on on.= .w....I .am..,. .a, was... whs.. .....o....Ix --if;-•,-,!', .'-... ' . . .1 k • • i ›' t0 CI :+,■ 11-4 P4 1-3 c3 C a, ro PI 1.3 0 03 14.4 0 L3., 0) f-t• 0 04 N 'V Pt 2 0 0 rt. 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Pe I.J. a* . 1111%464 ID ad I-4 rill.. ta- ps 0 t *1 1-41 I 0 0 4.■::1,. to 00 I t\ r\ ei re CD I-4 it:•‘ ..C'.\\„.■ CD 0 _......ge=ammisnummenwszezmusEEM Uti A L-1-c'v`3 • CI A-C:&14.c. • ae- APPLICATION FOR CHANGE OF ZONING DISTRICT CLASSIFICATION DATE 7ffil The Honorable Board of County Commissioners Orange County, North Carolina COMMISSIONERS The undersigned request that property located on Tax Map Number Block number , Lot number , Shown ow the accompanying plat, which is presently in a AOle ee... -to , ' District be rezoned to 6C?_, for the following reasons: 0 AO/ .67 I • 44(41"Allftripr 11111111111W7 f AK 4-4 '1 , a-4--e4-e-e'e--z- •- 11rairar:4111, e 40/ nown.ww...w signAiifr 6/2e- Ad'te dress: "7 OF 4se Ye- AN .4J z I ; l� "� L vtthilY% t —r1 . \.„:„..,...,..„.s...\\ /Q _ rn > ® c 52 r 11 p Q a I1 r • n -rC , M 0 0 : \ •ter 1 r -4 n rn N 0 , 7/;; 1 11x G Pi 1112> ril o , i • ....1 1:::: :t /70/44C221: i \ % cis co P /014/4L,W ° �, .- /// 1l T \ /.'7j i • \‘ 2 0*. ttf 3 F.- ? -® // \\ 'i,. . '' I 0 1\ g " 3 tzt 4m. 0 / W rn \\ ''' 0 ///4;. 4. 5-4 co .././, 0 \'`;,./.,✓° t P i t� - �,,�, -1111 ,,.� ---. .....4•11•4.. . _..... ., ..- �a� _>?1111. 1111... " ` •••••••../ / 44 .....%: "*..... \ .. •11.11 - 1111. ....... `ro , .:. , . :.. - .... _ ..... , 23 , .. , ......... .7 , *f3 • . . 7 ...., ....\,,E, ..,_,......._ , . . ........... :,.., s,..... ... 3056 . 0 • 14 2.8 AC N., : I.. . • clider,....,A 617 0 . . -1-65Tio'r wilY • iiiip -r I 0 23 A * • i , VG., i 6 A 22 /ICI , e 4446 - I• i . _ ___--r—.4 ..■w vic160 :.4 thiCh i resently in a 4.-" te, - k4" c( District be rezoned to (...-1, for the followin. reasons : / ' dr — A& r i . ir 4111, _.....„. .,,./: M/111 ,yr,Ayfi /Moe ...„,gli . .2';'Aglii - ?* 111211PAINIPF dp,or (...., „ 'ilaltruhrp- ----4, .x.d ' N- , '" _ ,..........................._ ____ . . A _ gn-.Air AddAs: s: _40f/ -.0.- • a, ,,, - - . _ ...„ --. ., ... _.............._.........._ J .. ,.. .-.....4....14.wra 14 . •',,,.. - „: „ , ' . ...■.. . ..,. •.. . e. ". ,:- .: ,-' 4 • . ... ,..-17: tt , •. • r -. :'• .4- . .. \. ,...„., . ,. ,..: . . . , --.... . „ x .i., . ,i, . .3 , .?...: g al •r1 , --.7.,. 4.6 I-I , N,..i I 0 0 L 0 0) 711 gatU, P. 0' . , • a) 011 . .,. ca ‘1,... <1, 3-1 41 r-403 " \ .44 0 •4141 • C11 g 0 "0 • 03 o• H 0 `%.) (0 r-1 r•1 , \--..\;.■,: .■ \c rl al 0 1-4 r:Icz:z1\1 0 a) a) O a) CD 1-i ›.1 .0 14 CO 0 4.3 4,4 0 1 /4 0 •rf CF-12 , % 0 • 6 ..., A 2 1 P. 0 0 (0 • = 'a 0 0 0 . Q 4.. 4/ 14 - C.) oi M' ' 03 CU 14 0 Ati 01 1-1 ij C..1 03 3-1 Z rg r•I 44 0 •ri Z 0 P4 0 a 50 /*I $.4 (a P.1 co 4.3 e..o e) . g E 0 4.1 ri a •. 03 S 41 14 44 El 41 1-1 , 0 kw .4> 0 •14 4) 44 41 14 0 -3. C:X L:21 4:3 E"4 a) 3, 0 (UNA.... \ CIZI rkl 14°1 IS 0 0 0 al NI 1 ‘T% m2 ‘'•1( 14 41,3 '0 '1:1 •• al 0.' 0 14 0 0 fEl vi . C.1 3 cu, 3... • ..4 v3 44 . ., . 3.4 44 01 DI 0 . N1114 N. . ' 3 0 CL1 ••• U3 0 r-.1 . • 4.1 00 0 0 0 a) as •11 0 . , . i . Eti •r1 0 0) 0 1-1 . ..,. Q o a, r4 4.1 0 v•-1 P. :',' CO +4 44 ta• 13 0 .0 0 , 4 N .- g 0 a) •rf CO CJ •ri 0 C. 1-1 41. 34 "0 CJ •r4 a) -6-) ,_. 1"1, G.■ r_. .., ...• rt r.-% w. ....,,,............... . . .......,,..........,................. .......,.. ..,,,....,..,. Parcel Identifier No. ,.,......,.,....,.. ,.,,.........,. y' ...... . ..... ............. . County on the .. . day of.......,.....,,...., .............._...,_.......... 19,..,........ kt • • .1 recording to Charles G. Beemer , P.O. DRawer 31501 Chapel Hill • invent was prepared by ,...,. John A. Northen.»..................'..,....,...,..,.,..... ,.........,..........,..,..,.......,.......»._........»....._.....,�. ~• iption for the Index r m~ M NORTH CAROLINA GENERAL WARRANTY DEED ) made this ,.a . ....... day of . Februar ... ................... d ..... Y .,, 19 .�d,,... by and between GRANTOR GRANTEE t A. Walton and wife, tIonitor, Inc. ;. Walton 121 S. Estes Drive Chapel Bill, N.C. 2751.4 t priate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership. • ion Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and singular, plural, masculine, feminine or neuter as required by context. H, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby :, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee. simple, all that parcel of land situated in the City of Nonek r.. .. Bingham . Township, nge County, North Carolina and more particularly described as follows: ing all of Lot 1, containing 2.94 acres more or less, according to plat entitled y of Leslie Walton and Jean Walton by Freehold Land Surveys, Inc. , dated January 25, I recorded in Plat Book 3/ at Page /IR , Orange County Registry, to which plat z.e is hereby made for a more particular description. is conveyance is•made together with and subject to a mutual, non—exclusive easement tt of way for the purposes of ingress, egress and regress being sixty feet in width particularly described as being thirty feet in width on botgi-sid©s of the western, line of the aforesaid Lot 1, with the centerline of said easement Beginning at a the center of N.C. Highway 54, described as the southwest corner of Lot 1, and thence N 02° 08' 59" E 400.16 feet to a stake, the northwest corner of Lot 1. This aseraent shall be for the use and benefit of Lots 1 and 2, or any portions thereof, tor and Grantee herein, their heirs, successors or assigns . :ntor and Grantee further agree that Lot 1 and Lot 2, or any parts thereof, shall sed for the purposes of mobile home parks, trailer parks, or junkyards, but said portions thereof, may be used for purposes of light industry, commercial offices,. similar uses. - =.. . • ._ 1-t sic • BOOK 333 PAGE 393 The property hereinabove described was acquired by Grantor by instrument recorded in Book 325,. at A.map showing the above described property is recorded in Plat Book ...,,.,. .,..... page......................... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the ri the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stet Title to the property bereinabove described is subject to the following exceptions: Electric easements of record in Book 132 page 63, and Book 135 page 513; Rig for Highway 54 of record in Book 232, 11'a es 1130 and Pg 1131; Right of ' , g t: p Fray agreement in Book 266. page 373; and mutual easement and right of way reserved to grantor ac 30 feet wide strip of land along and within western boundary line. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate. has caused this instrument to be corporate name by Its duly authorised officers and Its seal to be hereunto affixed by authority of its Board of Directors, the day above-written. _...».__„............+ .••..orate ..... a ..........^'rGCr.�'�..... ._b... (�'� ;4 Leslie A. Walt f G fi...._________--President �1 � . _ rer+�G...__ '_2?��r.._ Jean E. Walton ATTEST: (} PA PI -- r��Rtli.ssrtfr�r Secretary(Corporate seat) :4 ���(,4) H�A .,��.r a —. ._._.._._. `� .•,y Q - NORTH CAROLLNA, _ County. - �. j” ',,!�i�e�,s : I. a Notary Public or the County and State aforesaid, certify that .._Leslie A. Walton i �e ;v"! Jean E. Walton All t3 Y 70. ". k0 p personally appeared before me this day and acknowledged e ex lion •• the foregoing instrument. :, de: ..•n_ 0; p hand and official stamp or se this f__ day of . _ t ry //C5� /f x .. 019 My commission expires::___... .l�_.��'_ _,,,,_____ /��.? C�r�• iT No SEAL-STAMP NORTH CAROLINA, _County. I, a Notary Public of the County and State aforesaid. terriry rt.... R-4 /lawn'or il. P 0 Box 2267 ()Hi Chapel Hill, NC 27514 Chz (919) 967-2228 Gre November 25 , 1980 Orange County Planning Department ATTN: Jim Polanti South Churton Street Hillsborough , North Carolina 27278 Dear Mr. Polanti : At last night 's public hearing on the proposed zoninc, ordinance I requested that a lot purchased by Monitor, Inc be specified as GC-4 . We purchased this lot on February 2 for the purpose of constructing an office building for our sole use. Enclosed please find a copy of the deed explain the exact location of this lot and the restrictions placed its use . Monitor, Inc . , is a small local company which provide sales and service of medical equipment for ENT physicians , speech and hearing clinics and hospitals . In addition Monitor, Inc. , also provides sales and service of the sam equipment, and training in its proper use , for industries conducting employee screening programs in compliance with the regulations of the Occupational Safety and Health Act . I would appreciate your consideration of this request Sincerely, James L . Robb , III President JLR/njs Enclosure ,._ .... ...,. li't y-,.. r: • -....-4— .., . . ,., \* \\ <:) 4-6.ifi--1--h-7iV,<3I-c 0 itLrv4i N t:„I/,,.o 0 i -,..... ....v... .„, . .' ......I.Y. 4<5.1 N X '.•11. tr.114."1:t.'W. T.. ...---.'•■• ,--1-'-. \\ . a) 0) I .k\ 0 \ .--T"'-..... • - cr. .. \ ... \ .,,. ...1.--:-...:..... tit.A ,,,, \\v" rd :': 4-, ... t... -71 i v..., t:' r; ' _ ^-1:* -....: S44 ri t eS\\\-"?:;-.4_, ‘ ., • cd 7 . : 0 \ \ -`C,.. 11A r.t• ,. ,.. ..-. ,„, "••. - '•''''W•-• tv i • • -...... —1 •*":"k.'„, No., • • •tC . 0 0 •• r- : "' .4 / / CO .4C ,„.., ." CFI.. ""-4.„1.,-.4. ■• z....•4•• ...•L-47, '"•„\\-4, Nitceitz.--q 7... iii,,.. •'', j ..1, 3r...,...;... '... N ,'.4 .i .".... / `-- ,... ...--....... r.-.4, La Gc \ -- •-z-,-. .x•;.... - a C0 t .. „..„ .m........ ,,... ct (5 , \\ 4:r tr 4 ctl 3 • Ac w \ik I • • i i I . ...... / / ..., , ... 4. 1+ I I I 471 INA SA ()RANGE WATER and SEWE1 366/Carrboro,North Cuolina 27S1O 919-968-4421 December 2, 1980 Orange County Planning board 228 South Churton Street Hillsborough, NC 27278 Gentlemen: • This afternoon I became aware that the proposed county zoning ordin if adopted as presented will, have adverse effects on the operation Orange Water and Sewer Authority in several ways. I. 1. There is no zone in which a water treatment plait (or waste treatment plant) can be constructed without a special use p mit, not even in a commercial, industrial.or agricultural z 2. Water and wastewater plants are installed as a public neces and yet are the only operations in the zoning ordinance, ex ing mining and airports, that are not allowed in any zone e by special use permit. It is unclear if this provision app to facilities of community water systems and small package merit plants or on-site waste disposal systems. 4 3. The proposed ordinance is unclear as to the extent of appli ty on other water and sewer operations such as pumping stat lift stations, operation facilities, warehousing facilities similar necessary basic components of the utility system. 4. The land around the stone quarry reservoir at the intersect S.R. 1104 and Highway 54 is proposed to be zoned R-I (resid which is not consistent with its present or anticipated use fact, it is incompatible with its present and anticipated u Orange Water and Sewer Authority requests that the Planning Board al County Commissioners not recommend for adoption or adopt the propos, ing ordinance until further deliberation and consideration is given impact of the proposed zoning ordinance on the public utility respoi ties of Orange Water and Sewer Authority. Very uly yours, Everett Billingsley f Executive Director j8 cc: OWASA Board of Directors Claude V. Jones, Esquire Post Office Box 286 Durham. NC 277N7 — , ATTACWIENT .3—:,...: ,.. : Ift-i ,--- ---\\ \\ CV -13dVt.10 .• r- \kk Wwii.---.2 liv vi...ie x.°VI„ ,,,................. • 4'1'............................. ' - tV a. , ----N■-------"-- \\C)•g3 _ \". \\ II i \\\ \,\ vn\ 0.. 1 . ...1?.1..\\ v-... \ ,7"---- . \ . \\ 'V” ...':•'-'-'.:.•.:*:;.*: 0 g \ , -..::::::::::::::::::::::::::::::::::::::,;:.:::::::.;::::: .• tr) .. t., , rill nr,''k • ) —i \14‘. • < i " 02 0 re) o) cr. i cr t9 co \\ , - s\ r 02 03 \\ / 1 'S>) \\ t9.1, 6' 0 ''''' ..a) q \,, . co tv .*, C1/411 06.4 if 't ..., / \ I %a- . \U \' ) , 4 -,,-------- I 1 t_.., , . ( , f * . C I. '' ' • --' 1*-1.4 . , .... ', +OL eD � � , ;y"7 N' LL.© L. — E © wsiv -% ' P. 0. BOX 1131 DURHAM, N. C . contractors U. S. A. ' December 1, 1 980 Mr. Rick Cannity, Planner Orange County Planning Department 228 South Churton Street Hillsborough, North Carolina Re: Zoning Bingham Township Dear Mr. Cannity: It has come to our attention that there is a proposal to zone Bingham to and further to zone the OWASA land at the intersection of SR 1104 and NC "Rural Residential". Nello L. leer Company is subleasing, approximately 8 acres of this land fr OWASA for our asphalt plant operation. The plant has been on the site si 1969, and has recently been completely renovated with the addition of ele controls at a substantial cost. As we plan to continue the operation of plant, we request that the land in question be appropriately zoned or tha allowed to continue our operations under a grandfather clause. Your favorable consideration of this proposal will be appreciated. Very truly yours, NELLO L. TEER COMPANY Louie M. Walters, 'Jr, P. E. LMW,Jr./mg ORANGE COUNTY PLANNING DEPARTMENT RTErissoR017G11- NORTH CAROLINA 27278 001 at ‘,/1111111•N ;,474 I OgrA MEMO TO: Jim Polatty FROM: Rick Cannity r0 SUBJECT: American Stone DATE: March 25, 1981 A site visit by Teresa Hawkins and Rick Cannity in late January indicated several areas that needed attention by American Stone Co. In February, these areas were fixed by the company, with the installation of velocity control measures and pits. It is our opinion that the vegetation along the relocated creek and the perimeter of the property provides a good buffer. This is used not only as a filtration system for runoff into Phil's Creek but also as a visual and noise buffer. The closed water system used by the quarry operation appears to be functioning very well at this time. The settling ponds are periodically dregged as the sediment has a high dollar value in the manufacture of asphalt. It is our opinion that American Stone Company should be given a favorable recommendation from the staff for the Special Use Permit. RC/sw AMERICAN STONE COMPANY SPECIAL USE PERMIT 8.2.2 a) Sewage disposal facilities exist at the persent and expansion c the facilities is not anticipated. b) Site is served by Orange County Sheriffs Department, White Cron Volunteer Fire Department and Orange County Rescue Squad. c) The main access to the site is provided by the arterial road Highway 54, other access may be by SR 1104 Bethel Church Road. 8.8.1.1 N a) 1) 2) 3) no elevations on Right of way given 4) 5) no flood hazard areas; need to show allevial soils 6) 7) 8) 9) 10) 11) b) 1) 2) 3) 4) 5) 6) c) 1) 2) not provided; see statinents in narrative 3) 4) d) * ORANGE COUNTY PLANNING DEPARTMENT witraBoROUGIE NORTMECUOIOTINA. 27278 =*=. 7 ,601$tri et.tx 4 0. 00,0 December 15, 1980 Mr. R.P. Badham P.O. Box 720 Greensboro, N.C. 27402 Mr. Badham, Enclosed is by the th ; a2 :LtB:a : for American Stone. If you could address the questions raised, that would facilitate our presentation to the Board at some future meeting. If you have any questions please feel free to call me. Sincerely, Ply ub-- Jim olatty Planning Director J?/sw ENCLOSURE Staff recommends that American Stone Company be granted a special use permit for their stone quarrying operation located on Highway 54 in Bingham Township contingent on the following stipula 1. The site plan submitted with this special use permit application be revised to show; a, all flowing streams on the site b. the 18 acre tract owned by American Stone Co. c. The 100 acre tract leased by American Stone Co. d. future channelization of Phil's Creek e. any roads on the site f. location of two settling ponds. g. a 50 foot seperation of the future pit from Phil's Creek. 2. The text of the application and site plan be revised to ir, a. the general hydrology of the site including; 1. areas of watershed and volumes of water drainin to the site; 2. the hydrology of pumping operations from the pi stone washing operations, capacity of settling ponds to retain water and all areas draining to Phil's Creek. b. a phasing plan for future operations including expel of present pit, sequencing of everburden and stockpj and any expansion of the physical plant, and the nuA crushers and approvimate location of them. ■, 3. The applicant agrees to: a. stabilize the streambed and banks of the channelized portions of Phil's Creek and the areas around the settling ponds b. close the temporary road shown on the plan leading t 1104 c. agree not to use right-of-way easement to 1103 for site accrss d. continually operate a water wagon to keep dust leaving the site to a minimum e. stockpiles and overburden piles be at least 200 feet from streams on the site. f. the stabilization of the overburden piles will be determined and inspected by the Orange County Sedimer and Erosion Control Dept. The overburden stabilizati can be accomplished through a 'rotation method' . Pax of the overburden area can be stabilized with sericea lespedeza while stockpiling otharplaces simultaneous' in designated areas within the overburden area. . kmer 'en- 0M .1. POST OFFICE BOX 720 / GREENSBORO, NORTH CAROLINA 27402 / (919) 874-224E. APPLICATION FOR APPROVAL OF SPECIAL USE EXTRACTION OF EARTH PRODUCTS American Stone Company is a North Carolina Corporation with its principal place of business in Orange County. The mailing address is P. O. Box 720, Greensboro, North Carolina 27402. The property on which the quarry is located is a tract of approximately one hundred eighteen acres, one hundred of which are owned by Philip O. Durham and wife, Alice Durham, of Route 4, Box 451, Chapel Hill, North Carolina 27514 and eighteen of which are owned by American Stone Company. The quarry is located on Highway 54 west of Chapel Mil/ at its intersection with SR 1104, as is shown on the site plan. American Stone Company mines and manufactures crushed stone and is regulated by the North Carolina Mining Act of 1971, which regulates all North Carolina quarries. Pursuant to that Act, the Company applied for and obtained a mining permit (Permit Number 68-5). A. SITE PLAN Three copies of the Site Plan for American Stone Company attached, as are three copies of a topographical map of the proper involved. B. OPERATIONS PLAN 1. Date Operations Commenced. American Stone began operations during the summer of 1961 site just across Bethel Church Road (SR 1104) from its present site property owned by David Durham and wife. 2. Hours and Days of Operation. The Company proposes to continue to operate on its presen schedule which is during daylight hours, Monday through Saturday. 3. Type and Nature of Extraction. The Company produces between 400,000 and 1,000,000 tons of crushed graniti per- year. 4. Method of 0.eration Dis.osition of Toisoil Overburde By-Products. The rock is drilled and blasted, then loaded by shovel int( and hauled to the plant. There it is crushed, sized, washed, and the stockpiled. Most topsoil and overburden is given away to anyone who wan What is not given away is stripped and placed around the operation to a berm, as is shown on the site plan. This berm will be sloped and si There is no by-product from this operation. 5. Equipment used in Extraction. Standard equipment used in open pit quarrying and crushing opera are used by the Company. A detailed list of such equipment can be provide necessary. 6. Phasing of the Operation. Generally, the operation can be divided into five phases: (I) drilling and shooting, (2) loading, (3) transporting, (4) crushing, and (5) stacking. The phases are related in that they track the processing of the stone from the point of actual, extraction to the final stockpile from which = it is sold. 7. Practices to Com.1 with Performance Standards. (a) DIRECT ILLUMINATION. The operations are confined to daylight hours and no illumination is necessary. (b) SOUND LEVELS. Because of the centralized location of the plant and pit on the property tract, and because of the earth berms and heavy natural foliage surrounding. most of the operations, we anticipate no problems in meeting the sound limitations as set forth in the ordinance. As shown on the site plan, the pit and plant are a minimum of 200 feet from the nearest property boundary, and substantially further than that from the nearest residential, commercial, or industrial building not on quarry property. We have consulted an expert in this field who has advised us that we are currently meeting and can continue to meet this requirement. -----■•■••■••••11111■11 (c) VIBRATION LEVELS. As is the case with sound levels, the distance fx operation to any boundary is sufficient "insulation" from vibrations exceed ordinance limitations at that point. Our expert has also adv us that vibrations from our steady state operation will nor be perce at property boundaries. In order to assure that vibrations from blasting exceed ordinance levels, a variety of blasting techniques are custow utilized. Depending on the location of the shot within the pit and d ing on weather conditions, we can vary the number of holes shot, the of holes per delay, and the amount of powder per hole. Frequently we solicit the help and advice of other side explosive experts to guide us in loading and shooting in the saf( manner possible, and in a manner likely to restrict the noise and vib) to the lowest levels, possible. All state and federal blasting guideli are followed. 8. Other Miscellaneous Ordinance Requirements (7.8.1.2 C-H) • (a) Surfacing of Permanent Roads. No roads other than those shown to be paved are pre: on the operation site. These roads lead to a yard area. (b) No extraction will take place within 300 feet of a building or public lands. (c) No spoils piles or stockpiles shall be created to a height greater than 35 feet. (d) Disturbed land will be kept to a minimum. Because of the extremely high cost of stripping overburden and because of the high cost of reclamation, it is in our best interest as well as in the best interest of the county to restrict the amount of land disturbed to the minimum necessary for operations. (e) The Company has already posted a $25,000 reclamation bond, as is required by the North Carolina Mining Ace. The current plans are for the Mining Act to increase the amount of the bond to $2,000 per acre of land covered by the permit. 1 C. REHABILITATION PLAN -. ( (a) Current settling ponds will be left as lakes, with the banks being sloped and seeded. The plant area may be left for the plant area of another industry, as a factory foundation, or as parking area, as needed. Barring any of the above, the area may be plowed and seeded with some type of suit- able vegetation. Spoils piles will be sloped to prevent sliding, and seeded with a suitable type of vegetation to prevent erosion. The pit will be filled with water from underground springs . and Phill's Creek, and we anticipate that OWASA will want it as a reservoir, as it is currently using to great advantage the pit from the old American Stone Company quarry. ( (b) The rehabilitated topo should resemble the original topo map of the area with the following exceptions: the berm area will be built up to an unknown height and width; the settling pond and the pit will grow to unknown sizes and depths, all depending on the longevity and volume of business aver the years of operation. Our plan is to leave the settling pond as a lake and to allow the pit to fill with water and thereby be a lake or a reservoir. An accurate topographical map of the berm area, settling pond, and pit is impossible to produce at this time. (c) Because of the nature of the extraction process, it is impossible to predict with any accuracy the date by which, operation will be concluded. However, we anticipate that the surface rehabilitation will be concluded within 12 months of the date operations cease; the pit, depending- on its size, will probably take more than a year to fill with water. .., . • (d) Equipment will be removed for use at another site or sold. Structures also will be removed if not needed by the successor. Spoil piles, as mentioned above, will be sloped and seeded. D. NAMES, ADDRESSES, SIGNATURES OF LAND OWNERS, APPLICANTS I^ Land Owners and wife,(2E.,... 2/1•15;...„11/; Phi do. Durham Alice G. Durham Address Route 4, Box 451, Chapel Hill, North Carolina 27514 Applicant C2UCA. EcT,„ by Al r R. P. Badham, President W. L. Buchanan, Secretary E. LEGAL DESCRIPTION, SURVEY The site plan and topographical maps are surveys. Addendum A on the next page following is a legal description of the property leased from Durhams, Tracts I and 2 and the property owned by American Stone Company. P. FEE A check in the amount of $.. is attached to this Application. Nit:444v i s iqk6 . 4111 al===mm==== Tract 1. A parcel of land bounded by Joe McCauley 's. land, Ed Lloyd 's land, the old White Cross- Chapel Hill Road, the New Graded Chapel Hill Road, J. C. Davis ' land and a branch of Phills Creek, containing 75 acres more or less and being part of the land conveyed to Lueco Lloyd by deed from Frank Nash, Commissioner, recorded in the Orange County _ Registry, Book 72, Page 407. A parcel bounded by the Chapel Hill Road, W. E. Lloyd's land, Joe McCauley's land, the old Durham tract, and being the same land conveyed to W. E. Lloyd by deed from Henry Lloyd and wife dated October 5, /900, containing 47.5 acres more or less. Tract 2. A parcel bounded by Phills Creek, the Chapel • Hill Road, and W. E. Lloyd's land, and being the same land conveyed to W. E. Lloyd and . wife by deed of W. B. Poe, et al, dated April 19, 1902, containing 30 acres more or less. The above tracts are the same land conveyed to J. F. Hughes and L. R. Crotts, t/a Hughes and Crotts, by deed from W. E. Lloyd dated September 5, 1925. • A parcel bounded by land of S. R. Durham, Highway 54, and Bethel Church Road, being a strip on the north of the 0. M. Durham lands and on the south of the S. R. Durham lands. • BEGINNING at a stake in the eastern margin of Auburn Davis (Deed Book 117, Page 172, Deed Book 209, Page 741, Orange County Registry) and the Southwest corner of David Mc (Deed Book 181, Page 413, Orange County Registry) running thence with the southern ma: of David McCauley North 88° 47' East 508 feet and North 55°.58' 30".East 1046.66 feet stake; running thence South 38° 46' 40" East 217.40 feet to an iron stake; thence Soul 48' 10" West 727.99 feet to a stake; thence South 06.° 35' 55" West 196.78 feet to an i stake; thence South 30° 32' 10" West 83.71 feet to an iron stake in the northern margi PHIL'S CREEK, thence with the center line of said Creek to a stake in the eastern mars Auburn Davis, referenced by the following courses and distances: North 50° 04' 30" We feet, North 30° 36' 50" West 163.51 feet, North 64° 14' 30" West 49.59'feet, North 39° West 176.50 feet, North 70° 31" West 73.75 feet, North 86° 06' 10" West 124.98 feet, S 44' 30" West 92.66 feet, South 25° 04' 10" West 83.66feet, South 43° 26' 30" West 66. North 86' 18' 10" West 188.89 feet, North 67° 55' 10" West 105.06 feet, South 59° 38' 4 127. 76 feet, South 24° 28' 20" West 64.31 feet, North 83° 06' '00" West 145.59 feet, Sot 05' 50" West 70.87 feet, North 83° 18' 20" West 40.38 feet add South 58° 26' West 72.2; running thence with the said eastern line of Auburn Davis North 2° 25' 10" East 459 fee the point and place of BEGINNING and being 18.679 acres according to plat of Fulton and Associates, entitled Property of American Stone Co. , dated October 17, 1979. TOGETHER with the right (60 foot) of ingress, egress and regress from the aforesaid pros over and through other property of the grantors to an unpaved but dedicated 60 foot riot driva I 'Cr % %) C''',.."' 1lb NO %111 x . - --- (c ;),, ItI tn 1( %,) ( ) [ 1 ^y r /. '\. 1".r ( ,it ( 4). 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U m w ai c {xj to N o R N o o* w C a U C jj +-1 rts © � ...t � w 41 4 0 r)) 4 g Q Ri >~ 0 c ,r v tl? d rS to N co a G] to E 140 U tL c >, C7 C xxC 1'-I 1 G U ^1 b� RI D1 d1 . m >, C N E I "� MU •.1 W >, N en s� u) >, O . v > w O O Cll w C .i -.i 4 3 -C O 4 'v 4 E C co C ) C M .O M tU .0 y 4) M 4 014 E x M h i mr.) mxUL11C� nLP © vaa �: �, ro o r) x m A o - u ran o o •Ac waNgQaw 04 ZhcPaxE+ rs) C9 d z o-a 4 r-i H 1-1 r1 ri N N N N N N N N N �O f'1 M M r-1� O C)1 b r-1 N f+1 tr 1A N rn ... ... ARTICLE 7. PLANNED DEVELOPMENT DISTRICTS 7.0 Planned Development Districts 7.1 Planned Develo71ent Districts, Generally Within districts now existing or which may hereafter be created, it is intended to permit establishment of new planned development (PD) districts for specialized Purposes where tracts suitable in location, area and character for the uses and structures proposed are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined pri- marily by reference to the Comprehensive Plan, but due consider- ation shall be given to the existing and prospective character of surrounding development. It is the express intent of the Board of County Commissioners to encourage most strongly the use of the Planned Development technique in all areas covered by the Joint Planning Agreement among Orange County, the towns of Carrboro and Chapel Bill and The Orange Water and Sewer Authority. To this end suitable incentives, in the form of bonuses, over and above the intensity of permitted development under traditional lot-by-lot development, shall be provided. It is also the express intent of the Board of County Commissioners -riciftoole, all development except the isolated individual structure on a separate lot, within the University Lake, Cane Creek and part of the Upper Eno Watershed areas, take pAckce under the Planned Development procedure, in order to protect these important water supply reservoir areas from degradation. It is also the express intent of the Board of County Commissioners e...ri;00113° the Planned Development technique in rural portions A, of Orange County where the sizeTiComplexitylor bothiof the proposed 00 development warrant its use This encouragement of the Planned Development technique is a recognition by the County Board of Commissioners that the technique offers distinct advantages to the public, while affording private property owners greater flexibility in the development of their land, the opportunity for the application of new and ingenious development techniques and more prudent use of time, money and effort. The public, benefits include more efficient and effective use of land, more efficient use of energy, the reduction of the costs of continuing maintenance responsibilities and a higher average level of amenity in all types of development. 7-1 : 7.3 Relation Of PD Re. lations To General Zonin. , Subdivision Or Other Re• lations.Modifications On Equal Satisfaction Of Public Purposes The planned development regulations which follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision, or other regulations or requirements, these PD regulations shall apply in PD districts, unless the Board of County Commis- sioners find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements. Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable PD or general , regulations, but the Board of County Commisisoners made a finding, in the particular case, that public purposes are satisfied to an equivalent or greater degree, the Board of County Commissioners may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios, as well as maximum permitted amounts of development have been established by these regulations, the Board of County Commissioners shall not act in a particular case to modify such ratios or maximums. Except as indicated above, and notwithstanding procedures and requirements generally in effect, the procedures and requirPmPnts set forth herein and in the guides and standards adopted as part of the regulations for particular classes of PD districts shall apply in PD districts, and to issuance of all required permits therein. 7.4 PD Districts -- Where And How Permitted Planned development districts may hereafter be established by amendment to the official Zoning Atlas and related amendatory action, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein. PD districts shall be appropriately located with respect to intended functions to the pattern and timing of development existing or proposed in the Comprehensive Plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in Article 20, Amendments, shall be met, as well as the following specific requirements: 7-3 ram, 7.4.1 Relation To Ma'or Transe.rtation Facilities PD districts shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside the district. 7.4.2 Relation To Public Utilities, Facilities And Services PD districts shall be so located in re tion to sanitary sewers, waterlines, storm and surface drainage systems and other utili- ties systems and installations that neither extension nor en- largement of such systems will be required in manner, form, character, location, degree, scale or timing in a manner re- sulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning and development policies for the area. Pia districts shall be so located with re •- t to necessary prIbliC5erVICI POGIC=FIZGreCr aod facilities (as for exampl- , schools, parks and play- grounds in the case of PD 41 Planned Development Housing districts) as to have access to such facilities in the same degree as would development permitted under existing zoning and shall be so located, designed and scaled that access to public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development as permitted under existing development as controls. However, if applicants will (a) provide private facilities, utilities and services approved by appropriate public agencies as substituting on an equivalent basis, and assure their sat- isfactory continuing operation, permanently or until similar public utilities, facilities or services are available and used, or (b) make provisions acceptable to the County for off- setting any added net public cost Or early commitment of public funds made necessary by such development, location of the PD districts may be approved. In computing net public costs, difference in anticipated public installation, operation and maintenance costs and differences in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicants. Determinations shall be made by the County or by experts acceptable to the County. 7.4.3 Ph sical Character Of The Site; Relation To Surroundin. Pro.ert The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, ground water level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form of planned development, lands to be included in PD districts may be divided by streets, alleys, rights-of-way or easements, but shall be so located, dimensioned. and arranged as to permit unified planning and develOpment and to meet all requirements in connection, therewith as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. tsigoeS 7.4.4 Reduction Or Increase In MinimuMiArea Genera/1 ired In connection with particular Pp rezoning proposals the Planning Board may recommend and Board of County Commissioners may approve as part of the amendment action: a) Lesser areas than generally required upon findings in the particular case that special circumstances require such reductibns, and the other requirements can be met in such lesser area, provided that no such reduction shall amount to more than ten percent of the area generally required; or b) Greater areas than generally required, upon findings, in the particular case, that the plan of development as proposed, or the character of the property involved, as it exists or as it may reasonably be expected to develop, require such increases to meet the requirements and intent of PD zoning or to provide necessary special protection to existing natural or man-made artifacts or resources.. 7.4.5 Additions To .PD Districts Not SUb'ect To Minimum Area Re. 'rements Where planned development additions are proposed to existing PD districts, and where the land and proposed plan of development is appropriately related to the existing PD district and provides necessary safeguards in relation to the surrounding area, PD amendment allowing such atilkitions may be made without regard to the minimtnniA-AIMVirements set forth herein. Such additions may be of same classification as the PD district being added to, or may be of another classification, if the Planning Board re- commends and Board of County Commissioners approves the other classification and plans proposed therefore, as being comple- • mentary to the original PD district. 7.5 Procedures On PD Amendments 7.5.1 Applications: Materials To Be Submitted Applications for PD amendments shall be submitted as for other amendments. Material submitted with the applicaiton or on subsequent request by the Zoning Officer shall in- clude, in addition to the basic material required by Subsec- tion 20.3.2, all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. Such applications shall include a report identifying all property owners within the area of the proposed district and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title'. a) To proceed with the proposed development according to the regulations in effect when the map amendment creating the PD district is passed, with such modifications as are set by the Board of County Commissioners in the course of such action; and b) To provide bonds, dedications, guarantees, agreements, contracts, and deed restriction acceptable to the Baord of County Commission- ers for completion of such development according to approved plans and for continuing operation and maintenance of such areas, facilities and services as are not to be provided, operated or maintained at general public expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities and services; and c) To bind future successors in title to any commitments made under (a) and (b) above. In addition to, or as part of, the report described above, applicants shall sulnmit a preliminary development concept plan and proposals in accord with (a) , above which shall show: a) The general arrangement of land uses within the proposed districts. b) The general location and function of the vehiculgrand pedestrian circulation system. c) The general solutions to the provision of utilities. d) The general arrangement of common facilities such as open space, recreational installations, improvements, etc. e) A general description of the method of financing the installation and operation of the common facilities. f) A schedule of construction of all elements of the proposal. 7-6 r=mmeasm ..- 7.5.2 Preliminary Review Of Application As Submitted On receipt of the application and preliminary concept plan and detailed proposals as indicated previously, the Zoning Officer shall cause a study to be made by qualified. repre- sentatives of the County and such other agencies or officials as appear appropriate in the circumstances of the case to determine conformity with the Comprehensive Plan, and to zoning, and subdivision regulations, soil erosion and sedi- mentation regulations, as well as the specific regulations and standards related to specific classes of PD districts contained in this article, applicable in the case. 7.5.3 Preliminary Conferences With Applicant Following such study, unless complete conformity is found, the applicant shall be notified in writing of discrepancies, and of the willingness of the Zoning Officer to confer for the purpose of assisting in bringing the material submitted, as nearly as possible, into conformity with requirements and/ or to define specifically the modification(s) of regulations or of the Comprehensive Plan which seem justified in view of equivalent service of public purposes by the proposal. If the applicant does not desire to participate in such conferences, the Zoning Officer shall base the report to the Planning Board and Board of County Commissioners on the application as received. • . If the applicant joins in such conferences, changes may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations. If the applicant joins in such conferences, the normal thirty day period, specified for Planning Board study of amendments, shall be waived by the applicant, so that sufficient time may be available for the conferences. In the course of such preliminary conferences recommendatius for changes shall be recorded in writing along with the re ons therefore, and shall become part of the record in the case. Applicants shall indicate, in writing, their disagreement and the reasons therefore; such response by applicants shall also be included in the record. 7.5.4 Zonin. Officer's Recommendations At such time as further conferences appear unnecessary, or at any time on request of the applicant, the Zoning Officer shall prepare a written report to the Planning Board and Board of County Commissioners, containing following findings: a) As to the suitiability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictuions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; d) As to the suitability of plans proposed or the desirability of amendments; e) As to the adherence to PD or general regulations or as to desirable specific modificaitons in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Based on such findings, the Zoning Officer shall recommend approval of the PD amendment proposed, approval conditioned on stipulated modifications or disapproval, with recorded reasons therefore. 7.5.5 Actions By Planning Board; Board Of County Commissioners Actions by the Planning Board and Board of County Commissioners i shall be as provided for amendments generally. (See Article 20) rb;oile The Board of County Commissioners may grant the application 4/4045in accord with PD and other applicable regulations as provided itida91" 4 )" Ln Section 7.5, or may deny the application. Cl. 7.5.6 Development To Be In Accord With A..roved Conce.t Plan And Related Re- lations If the amendment is approved, the Board of County Commissioners shall, in its amending action, approve the development concept plan or indicate required modifications in such approved plan, which required modifications, if any, shall be binding in determinations concerning final development plans. If the amendment is approved, the development shall be required to be in accord with approved concept plans, meet the require- ments on these and other regulations, as supplemented or modified by the Board of County Commissioners in the particular case, as part of the amending action. The development shall also conform to any time limitations established by the Board of County Commissioners on beginning and completion of the development as a whole, or in specified Stages. - . 7-43 , - - ______ Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. The Zoning Officer shall notify the Board of County Commissioners when such approvals have been obtained for the proposed develop- ment as a whole or for any stage or stages of development as contained in the approval of the amendment. 7.6 Zonin- Administrator's Action On A..roval Of Final P/ans After a PD district has been established, no building permit shall be issued therein, unless and until the Zoning Officer has approved final plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development. The form and content of such final plans and reports shall be as prescribed in the land development ordinance or other regulations, generally or for particular PD districts, and in the rules of the County and other affected agencies. Approval of final plans and reports shall_ be based on compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as were made by the Board of County Commissioners in its amending action. Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed. Except as provided below, final plans and reports approval shall be binding on the applicants and any successor in title, so long as PC) zoning applies to the land. 7.7 AppEpval Of: Metalled Plans, Etc. Is An Administrative Action Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Zoning Officer may hold meetings or cause such meetings to be held, with such notice as is deemed appropriate in connection with such actions. 7.8 Chan es In Ao.roved Final Plans Changes in approved final plans,specifications and reports may be permitted by the Zoning Officer on application by the original applicant or successor in interest, but only upon making a finding that such changes are oNF,W. 8.8 T2gu1ations Governing Individual Special Uses The regulations for each Class A and Class B Special Use are te" divided generally into two sections: the first consists of additional and specific components of the application beyond those necessary to comply with Section 8.6, while the second kk, consists of the specific standards which are supplementary to he general standards in section 8,2 and to the required conditions in Subsection 8.4.7. 8.8.1 Extraction Of Earth Products (Class A Special Use) Extraction of Earth Products. Extraction of eart.from•o geir oreiin. it not :ncluch■ y r'. assine o s • snd j nta -cha o s. ida .n • or -o ti‘g o fa.41i--te -so to h= sit- p- 0 - loca. 1rn of fu - -r41P•cesse 8.8.1.1 Additional Information • ' In addition to the information required by Subsection (1.2 the followil shall be submitted as part of the application. a) Three copies of Site Plan, prepared by a North Carolina registered land survey or engineer, which shall Contain the following: 1) North point, scale and date. 2) Extent of area to be excavated or mined. 3) Location, width and elevation of all easements and rights- of-;way within or adjacent to extraction site. 4) Location of all existing or proposed structures on site. 5) Location of all areas on the site subject to flood hazard or inundation as shown by the presence of alluvial soils. 6) Location of all water courses on the site, including direction of flow and normal fluctuation of flow. 7) Existing topography at a contour interval of two feet based on mean sea level datum. 8) Proposed handling and storage areas for overburden, by- products and excavated materials. 9) Proposed fencing, screening and gates; parking, service and other areas. 10) Any areas proposed for ponding_ 11) Access roads to the site, as well as on-site roads, with indication surface treatment to limit dust. Sight distances on all roads used for access to the site. b) An Operations Plan which shall include: 1) The date proposed to commence operations and thbir expected duration. 2) Proposed hours and days of operation. I 8-7 ,1 3) Estimated type and volume of extraction. 4) Description of method of operation, including the dis- position of topsoil, overburden and byproducts. 5) Description of equipment to be used in the extraction process. 6) Any phasing of the operation and the relationship among the various phases. 7) . Operating practices which will be followed to comply with the peeforma: standards applicable to the operation. (See SubSection 8.2) c) A Rehabilitation Plan which shall include: 1) A statement of planned rehabilitation, of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land. 2) A map showing the final topography, after rehabilitation, to the same scale as Site Plan; it shall also depict any water areas and methods for preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed and the amount and type of back fill to be employed, if any. 3) A phasing and timing plan, related to the phasing and timing portion of the Operations Plan, showing the progression of the "rehabilitation and the date when it will be complete. 4) The method of disposing of all equipment, structures, dikes and spoil piles associated with the operation. d) The name, address and signatures of land owners and applicants. e) A written legal description or survey of the property, prepared by a North Carolina registered /and surveyor or engineer. f) A fee, as set by the Orange County Board of Commissioners. 8.8.1.2 Standards For Evaluation The following standards shall be used in evaluating an application for a permit to conduct extraction of earth products: a) Al]. operations associated with the extraction shall conform to the following performance standards: 1) Direct illumination resulting from the operation shall not fall upon any land not covered by the application. 2) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards: 66 dBA between 7:00 a.m. and 1 58 8A:00 p.m. between 1:00 p.m. and :00 a.m. 3) Vibration levels at the boundaries of the extraction site shall not exceed the following standards: 8-8 • Maximum Peak Particle Velocity steady state 1.0 inches/second impact 2.0 inches/second ( NOTE: The maximum parti :le velocity shall be the product of 2 114 times the frequency in cycles pr second times the isial:,== sum of 3 mutually perpendicular displacnment components recorded simultaneously. For purposes ef this ordinance, steady state vibrations are vibrations whjc-.4 axe continuous, of vibrations in discrete impulses more fretment than 60 per minute. Discrete impulses which do not exceed 60 par minute, shall be considered impact vibrations. Maximum air blast vibration, measured at the lot lines of the zoning lot containing the extractive use, shall be 125 decibels on the linear scale. b) The Rehabilitation Plan shall be referred to the Orange County Soil and Water Conservation District for review and recemmendation, which shall not be binding upon the Board pf Commissioneri, in paicular regarding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and the acceptability of the proposals for the handling of lakes, ponds, etc. c) The permanent roads defined as those to be used in excess of one year, within the excavation site shall be surfaced with a duct free material such as soil cement, bitaaanous concrete or Portland Cement concrete from the public road ': to the yard area. Also, all permanent roads located within 300 feet of residentially zoned. land shall be treated the same. d) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Pro- perly operated water wagons shall be an acceptable method of dust inhibition. e) Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet high shall be installed. f) Spoil piles and other accumulations of by-products shall not be created to a height more than forty feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose. g) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with goad practices and so that rehabilitation proceeds in concert with extraction. 8-9 3) The permanent roads, defined as those to be used in excess of one year, within the fill site all be surfaced with a dust free material, such as soil cement, bituminous concrete or Portland Cement concrete. 4) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action_ Properly operated water wagons are acceptable means of dust inhibition. 5) Where the proposed fill shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet high shall be installed. 6) The Operations Plan and the Rebabilitaiton Plan shall:be coordinated so that the amount of disturbed land is kept to the absolute minimdm consonant with good practices and so that rehabilitati6n proceeds in concert with fill- ,. 8.8.3 Publ :c Utility Stations And Substations, Water Treatment, Sewage Treatment Plant, Switching Stations, Tele.hone Exchan.es (Class A Special Use) 8.8.3.1 Additional Information In addition to the information required by Subsection 8.8.1./ the following shall be submitted as part of the application: a) A Site Plan showing siting and size of all existing and proposed topography at a contour interval of five feet and any officially designated floodways and floodplains, or the presence of alluvial soils. b) Plans, elevations and perspectives for all proposed structures and descriptions of the color and nature of all exterior materials. c) A Landscape Plan showing, at the same scale as the Site Plan, existing and proposed trees, plus shrubs, ground cover and other landscape materials. 8.8.3.2 Standards Of Evaluation. The following standards shall be used in deciding upon an application for approval of these Special Uses: a) Where a building is involved and it is proposed to be located in a residentially zoned district, it shall have the appearance oT10 residential building, 0/2 aFt. :54,42.,74:z 4 P/77-16ce DitS712t41-' Freoio 0E4 7- 8-12 b) Such uses shall be screened from adjacent uses by walls, landscape materials, berms or a combination thereof in accordance with specifications for screening in the Orange /- County Zoning Ordinance. • 8.8.4 Group Care Facility (Class B Special Use) 8.8.4.2 Additional Information In addition to the information required by Subsection 8.2 and 8.8.1.1 the following shall be supplied as part of the appliCation: a) A description of the type of persons to be cared for and the nature of the care to be provided. b) If structural alterations to existing structures or new construction is required, a complete description of the nature and extent of these a/terations or new construction. 8.8.4.2 Standards Of Evaluation The following standards shall be used in deciding an application for approval of this use: a) The proposed use is not within 500 feet of.another exist- ing Family Care facility or Group Care facility. b) Structural alterations shall be of such a nature as to preserve the residential character of the building. c) If a state license or permit is required to operate such a facility, the standards necessary to qualify for such a permit have been met. 8.8.5 RESERVED 8-13 - A a) In accord with all applicable regulations in effect at the time of the amendment creating the PD district, as modified ' in the amending action; or b) In accord with all applicable regulations currently in effect, - without modification; or c) In accord with the approved development concept plan, including any required modifications. Changes other than as indicated above shall be made only by new PD or other amendments. 7.9 Expiration Of Time Limits On PD Amendments If actions required in any amendment establishing a PD district are not taken within the time limit set, the Zoning Officer shall review the circumstances and recommpnA to the Planning Board and Board of County Commissioners: a) That PD zoning for the entire area be continued with revised time limits; or b) That PD zoning be continued for part of the area, with or without revised time limits, and the remainder rezoned to an appropriate category; or c) That the entire district be rezoned fruaL PD to an appropriate category. Such recommendation shall include proposals for appropriate action in respect to any legal instruments such as contracts, covenants, easements, etc. relating to the PD district. • 7.10 RESTRICTIONS ON PERMTITED USES Generally Planned Development Permitted Uses shall be as allowed for the corresponding zoning districts. Specifically, the Permitted Uses for a particular Planned Development shall be as stated in the application and shown on the site plan. Changes in the specific Permitted Uses shall constitute a change in the Planned Development and require approval by the Planning Board and Board of County Commissioners. ii-- 7.13 RESERVED 7.14 Planned Development Housing 05D-10 Districts The following regulations and requirements apply to Planned Development -- Housing (PD-10 district , defined for purposes of these regulations as planned development districts primarily for dwellings and related uses and facilities. 7-10 7.14.1 PD-11 Districts: Where Permitted; Intent Concerning Timing PD-H districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 - 7.9 previously mentioned, and with intensities and in locations in accordance with the Comprehensive Plan and the ZOng Atlas.14:CLICAOICH-J nti.0=Q-L-24 ser-Fct -}k 1 tJ LE. -11)12.71ii •42.100 4:11 -77--1 Cj . With respect to timing of development of particular PD districts, it is intended that, in addition to other policies and limitations set forth in this ordinance, consideration shall be given to general housing needs in Orange County as a whole, the sector in which development is proposed, and the need for particular types of housing. In such consideration, due weight shall be given to availability of existing housing supply of types for which there is evident need in view of the age structure and economic structure of the population, and to the amount and types of potential housing under building permits issued and approved plans for development. 7.14.2 peran.mitteAnAccessory Uses And Structures a) Permitted Principal uses and structures shall be according to Article 4, for the applicable residential district.. b) Permitted Accessory Uses and Structures Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, including, in a multi-family building or closely-related complex of multi-family buildings having a total of at least fifty dwelling units, establishments for sale of convenience goods, eating and drinking establishments, and professional and personal service establishments, provided that the floor area occupied by all such establishments shall not total an amount equal to ten percent of the residential floor area of such milti-family building (or complex) . Except where establishments adjoin and are oriented toward shopping centers permitted under Subsection C, they shall be designed • and scaled to meet only the requirpm41nts of occupants and their guests; there shall be no evidence of the existence of such establishments from any street. 6111•1114MIA OF 300 D5A(ourtouip,..&'6: 7,te.i75) c) Uses and Structures Permissible in Large PD-a Districts sci2 Divrcyjc,r) hp4C31-larth.T064"-.) In addition to the principal and accessory uses and 4Criq1i1'Nidcs• structures permitted above, facilities planned for develop- ment as part of the district, internally oriented and serving needs not otherwise served in the general area, iiay be per- mitted by the Board of Commissioners as part of PD-H amend- ments for districts which will have sufficient population to support them as follows: • 1. Such facilities shall include only service commercial and office uses intended primarily to serve the needs of oc- cupants of the district; 2. Design and location shall be such as to protect the character of the district and surrounding residential districts; 3. Such facilities, with their related off-street parking and other open space, shall not occupy in total more than ten percent of the gross land area of the district. Except as provided under permitted accessory uses above, such service, commercial or office uses shall be permitted only subject to the following limitations and requirements, and only in planned shopping centers or convenience establishments. d) Planned Shopping Centers Planned shopping centers, when included as part of a PD-H district, shall be subject to the general requirements. of PD-C Planned Development Commercial districts of similar scale, Orientation of buildings shall be away from resi- dential development within or adjacent to the district. Layout of parking and service areas, access, landscaping, yards, courts, walls, signs, lighting, and control of noise and other potentially adverse influences shall promote protection of such residential development. When appropriate to general design of the PD-H district and timing of operations of the uses involved, accessways and parking areas may be so located' as to serve other uses in the PD-H district or adjoining districts, if such multiple use will not lead to an overload on the parking facilities or to congestion or hazards to pedestrian or vehicular traffic. No such shopping center shall be permitted in a PD-H district which is to contain less than three hundred dwelling units. At the time of the amendment establishing the district, the Board of County Commissioners may establish limitations as to staging of development of the center, including require- ments as to the number of dwelling units to be under build- ing permits prior to issuance of building permits for the shopping center. Convenience establishments in PD-H districts are permissible other than in planned shopping centers or as accessory uses under the terms of Subsection 7.14.2 (b) only as follows: . , 7-12 I) Location; Grouping Such establishments shall be located only in portions of PD-H districts not served by similar facilities within --- one quarter mile by normal pedestrian routes, and in portions having dwelling unit densities of at least six units per 'acre, so located as to provide substantial nearby trade. Where more than one type of convenience establishment is proposed, • establishments shall be grouped, arranged and designed for maximum pedestrian convenience; vehicular access and parking- areas shall be combined where such combination will, result im substantial improvement in public convenience and vehicular circulation. 2) Control of potential adverse effects_ Such establishments shall not create substantial adverse effects on residential uses within the district or in adjoining districts by reason of their location, design, construction, manner or timing of operation, signs, lighting, parking or access arrangements, or other characteristics. There shall be no evidence of the nonresidential character of such establishments visible from first story residential windows outside the PD-H district. 3) Maximum size of establishments. In the PIDIH environment; it is the intent of these regulations that no such establishment or group of establishemtns shall be of such size or character as to create the impression of general commercial development:,, Therefore, in addition to other limitations designed to achieve these ends, no individual convenience establishment created under the provisions of this section shall have a gross floor area in excess of five thousand square feet, and no combination of establishments in ahy one location shall have a total gross floor area of more than ten thousand square feet. 4) Lot coverage limitations. No minimum lot area width requirements are set directly for convenience establishments in PD-H districts, but lot coverage shall not exceed forty percent of the net area of the lot or building site. •••; 7-13 5) Yards, landscaping. Yards shall have at least the same depth as required for residen- tial uses on buildings of the same height and length, provided that in no case shall a yard be less than ten feet in minimum dimension. Yards adjacent to streets shall be landscaped for a minimum depth of at least ten feet from the front property line, except for driveways not exceeding the width reasonably necessary to provide access to parking. Parking and service areas shall be screened from view from first-floor windows on directly adjacent residential lots or building sites by appropriate structural or vegetative screen- ing, which shall be maintained in a functional and aesthetic condition. 6) Building spacing. Where space is left between buildings in a convenience establishment complex in this district, it shall be at /east five feet in width. 11 Off-street parking. Off-street parking shall be provided according to use and as set forth in Article 10 gi) Signs. Signs intended to be read from off the premises shall be limited to one, not exceeding ten square feet in surface area, mounted flat against the wall of the principal building, for each face of the building exposed to a public street. Where more than one such establishment is located in the same building or on the same premises, signs as above shall be permitted for each. No such sign shall extend above or beyond the wall of the building. 07) Lighting. Outing hours of darkness when convenience establishments are in operation, parking areas and pedestrian ways on the premises shall be lighted to an intensity of at least 0.6 foot candle. No such lighting shall be directed in a manner which illuminates adjoining residential buildings, and no source of incandescent, mercury vapor or similar illumination shall be directly visible from any residential building or from any street. No neon lights inside or outside structures shall be visible from any residential building, or from any street. ID) Hours of operation. No such convenience establishment shall be open for business except between the hours of 700 a.m. and 11:00 p.m. 7-14 :4T4 • IL ) Conduct of operations. All sales, service or displays in connection with convenience establishments in this district shall be within completely enclosed storage on the premises. No public address systems or other devices for making announcements or playing music shall have speakers mounted outside of such buildings, or be audible beyond any line of the lot or building site on which the building is located. 7.14.3 Site Planning a) External Relationships Site planning within the district shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences within the development. In. particular: 1) Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and, minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers and extra width of the approach street shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the dis- tricts in such a way as to encourage use of such minor streets by substantial amounts of through traffic. 2) Access for pedestrians and motor cyclists entering or leaving the district shall be by safe and convenient routes. Such access - need not be adjacent to, or limited to the vicinity of, Vehi- cular access points. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked and controlled, and where such ways are exposed to substantial vehicular traf- fic at edges of districts, safeguards may be required to pre- vent crossings except at designated points. Bicycle and/or bridle paths provided, shall be so related to the pedestrian way system that street crossings are combined. 3) Protection of visibility--automotive traffic, cyclists and pedestrians, shall be as generally provided in Article 6. In addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created or maintained within areas appropr- iate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required in Article 6. 4) Uses adjacent to single-family residence districts. Where PD-H district adjoins a single-family district without intervening permanent open space at least one hundred feet in width serving as a separation for buildable areas, the portion of the perimeter of the PD-if district so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in ac- cordance with all other requirements for such district, provided however that in lieu of development, common open space for the PD-H district to a depth of one hundred feet from the district boundary may be permitted. No intensive recreational use or off-street parking shall be permitted within seventy five feet of the district boundary in such circumstances. 5) Yards, fences, walls or vegetative screening at edges of PD- H districts shall be provided where needed to protect resi- dents from undesirable views, lighting, noise or other off- site influences, or to protect occupants of adjoining resi- dential districts from similar adverse influences with the PD-H district. In particular, extensive off-street parking areas and service areas for loading and unloading vehicles other than passengers, and areas for storage and collection of refuse and garbage shall be screened . 6) Height limitations at edges of PD-H districts. Maximum height of buildings shall be as set forth in Article 5 and Subsection 6. 7) Signs visible from outside PD-H districts. All signs erected in PD-H districts shall be according to Article 9. In addition, during the process of construction and initial sale and/or rental within such development, temporary announcement signs may be allowed, as provided in Section 94 . b) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, for appropriate relation of space inside and outside build- ings to intended uses and structural features, and for pre- servation of desirable natural features and minimum distur- bance of natural topography. In particular: 1) Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, /_la nor create unnecessary fragmentation of the development into small blocks. In general, blOck size shall be the maximum consistent with use and shape of the site and convenience and safety of occupants. 2) Vehicular access to streets shall be limited and controlled as follows: a) If the street or portion thereof serves fifty or less dwel- ling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development. b) Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, linlited, located, designed and controlled as to channel traf- fic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interrup- tion. 3) Ways for pedestrians and cyclists; Use by emergency or service vehicles. Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facil- ities, and principal off-site pedestrian destinations. Max- imum walking distance in the open between dwelling units and parking areas, delivery areas and refuse and garbage storage areas intended for use of occupants shall not exceed one hundred feet. Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safe-guarded as to minimize contacts with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded. Pedestrian ways and bicycle paths, appropriately located, designed and constructed, may be combined with other ease- ments and used by emergency and service vehicles, but shall not be used by other automotive traffic, including motor bikes and motorcycles. 4) Protection of visibility--automotive traffic, cyclists and pedestrians. Protection of visibility for automotive traffic,cyclist5and pedestrians shall be as provided in. Section 7.14.3(b)3 above. ,4 5) Open space and spacing of buildings or portions of buidlngs containing dwelling units. Definitions, rules for interpretation, and requirements and limitations' concerning open space and spacing of buildings or portions of buildings containing dwelling units shall be as provided in Article 6. 7.15 Planned Development Commercial (PD-C) Districts The following regulations and requirements apply to Planned Development Commercial (PD-C) districts, defined for purposes of these regulations as Planned Development Districts for Local, PD-C(L) ; Neighborhood, PD-C(N) ; Community, PD-C(C) ; General, PD-C(G) ; Regional, PD-C(R) . 7.15.1 PD-C; Where Permitted: Intent PD-C districts may hereafter be established in accordance with the general procedures and requirements as set forth in Sections 7.4 through 7.9. It is the intent of these regulations to provide for developments, in scale with surrounding m.P.1-ketrareas, at locations approp- riate in terms of the Land Use Plan and Orange County Through- ture Plan, and in accord with standards set forth herein, to serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed. It is further the intent to permit the establishment of such districts only where planned centers with carefully-related buildings, parking and service areas, and landscaped open space will serve clearly demostrated public need, reduce marginal traffic friction below that which would result from strip commercial development and protect property values in surrounding neighborhoods. It is further intended that PD-C districts shall provide a range of facilities and services appropriate to the general needs of the area served. a) PD-C(L) : Planned Development Commercial (Local) districts are intended to be built around a convenience store, small supermarket, or similar use, for sale of convenience goods for provision of personal services, and for other frequent needs of a trade area of 1-4,000 within approximately 5-10 minutes driving time. paPFtacisAiot4 412-a /PD-C(L) centers shall be located only with direct access to and focused on the intersection of streets of a collector or more intensive use category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets. 7-18 b) PD-C(N) : Planned Development Commercial (Neighborhood) districts are intended to be built around a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and for other frequent needs of a trade area with a population of 1-4,000 within approximately 5-10 minutes driving time. 4PFuGATtop4 C 2-rmta. PD-C(N) centers shall be located only with direct access to, and focused on the intersection of, streets of a collector or more intensive use category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets. c) PD-C(C) : Planned Development Commercial (Community) districts are intended to be built around a junior department store or substantial variety store as the major tenant, in addition to a supermarket. Such centers, which do not usually have a full- line department store, normally serve a trade area population of 10-25,000, within 15-20 minutes driving time. APPUcAlle44 ct-m124A PD-C(C) centers shall be located only with direct access to, and focused on intersections of streets of an arterial or more intensive use category, or on suitable frontage roads adjacent to such streets. Such centers may have secondary access to collector streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets. d) PD-C(G) : Planned Development Commercial (General) districts are intended to be built around a full line department store, in addition to a supermarket and superdrug store. Ric4141014 CasTS42' PD-C(G) centers shall be located only with direct access to, and focused on intersections of streets of an arterial or more intensive use category, or on suitable frontage roads ad- jacent to such streets. Such centers may have secondary access to collector streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets. e) PD-C(R) : Planned Development Commercial (Regional) Shopping Center districts are intended to be built around one or more full line department stores and to serve a trade population of 125,000-150,000 or more within 25 minutes driving time. APPLicoxiofti crexrearpi PD-C(RSC) districts shall be located only at inter- sections of freeways or at the intersections of arterial streets and controlled access roads or along suitable front- age roads adjacent to such streets, if near interchanges. Access from local streets is prohibited, except where such access would not encourage through traffic on such streets. MEZERWEr 71S 2 Cgas --20E-1:>) 7. IS. 7-20 7.15.4 Permitted Principal And Accessory Uses And Structures The principal and accessory uses and structures permitted in PD-C districts are subject to the limitations and requirements set forth. PD-C rezoning may be denied if a proposed center does 66t provide a sufficient range of establishments to provide for the general needs of the trade area proposed to be served, a) PD-C(L) Districts Permitted Principal and accessory uses and structures in the PD-C(L) districts shall be as set forth in Article 4 for the Local Commercial I District b) PD-C(N) Districts Permitted principal and accessory uses and structures in the PD-C(N) districts shall be as set forth in Article 4 for the Neighborhood Commercial II District. c) PD-C(C) Districts Permitted principal and accessory uses and structures in the PD-C(C) dOihailhall be as set forth in Article 4 for th ommercial.III District. d) PD-G(G) Districts Permitted principal and accessory uses and structures in the PD-C(G) districts shall be as set forth in Article 4 for the General Commercial IV District 7.15.5 tieight Limitations Maximum height of buildings shall be as set forth in Article 5 and Article 6.21 7.15.6 Pedestrian And Landscaeed Common Area R-. "rements An area equal to at least .20 times the net land area of the district shall be reserved for pedestrian use and landscaping, and shall be improved and maintained accordingly. Such area may include covered malls for general pedestrian use, exterior walkways, play areas for children, outdoor seating areas and the like where the facilities are available for common use by tenants and visitors. Improved deck and roof areas may be included as such common area. 7-21 7.15.7 Off-Street Parkin Loadin. Re. irements Off-street parking shall be provided as required by Article 10. Off-street loading shall be provided with area location and design appropriate to the needs of occupants of the district and protection of adjacent property from adverse effects. No space designated pi,gicit4 61 .63cE.... as required off-street loading space or maneuvering Myrtie..Gire.OF-2.AcL. room for vehicles being loaded or unloaded. New_ 4644-1e-- 06F-D. or-F. 7.15.8 Ender:2round Electrical And Telephone Utilities Electrical and telephone distribution and service lines shall be underground in any PD-C district. 7.15.9 Sign Limitations Signs in PD-C districts shall be erected as required in Article 9. Insofar as reasonably practicable, no signs in PD-C districts shall be oriented toward nearby residentially zoned districts. 7.15.10 Site Planning a) External Relationships 1. Orientation of permitted uses and structures shall, be toward streets other than adjacent minor streets in residential neighborhoods, and away from such neighbor- hoods whether or not the district is separated from residential areas by streets; 2. Vehicular and pedestrian access. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turn-out lanes, frontage streets, and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. Whether required or provided voluntarily, such merging and turn-out lanes, frontage streets and/or traffic dividers may be included as part of the required yard adjacent to the street, provided, however, that no such lanes, streets or dividers shall be located in any part of any required landscaped yard established as required in Subsection 3. •-• Pedestrian access may be provided at any suitable locations within the district, but shall where practicable be separated from vehicular access points in order to reduce congestion, marginal friction and hazards, except where signalization is used in such a manner as to control pedestrian and vehicular movements safely; 3. External yards with a minimum width of thirty five feet shall be provided along all property lines at edges of PD-C districts except where such districts adjoin other commercial or industrial districts. Landscaping and use of such yards, except wtiere traversed by permitted vehicular accessways, shall be as provided below: a) Along collector or arterial streets or frontage streets, except in areas described at (b) , below, cifieedmi• the nearest fifteen feet to the right-of-way shall be maintained in landscaping, which may include walkways, unless turn-out or merging lanes are provided, in which case the nearest ten feet to the turn-out or merging lane shall be landscaped. The remainder of such yard may be used for off-street parking; b) Where sideyards in residential districts adjoin the / PD-C district without an intervening streetaSZ--444"/e4i-gi- nearest fifteen feet to the zoning boundary line within the PD-C district shall be maintained in landscaping, not including walkways other than contin- uations of sidewalks along the street, for a distance equal to minimum front yard depth required in the adjoining residential district, and no vehicular access or parking shall be permitted in such landscaped area; c) Where lots in residential districts face a PD-C district across minor streets, the nearest ten feet to the right-of-way within the PD-C district shall be maintained in landscaping and no off-street parking shall be permitted in such area. Vehicular and pedestrian access through such landscaped strip shall be only where provided for convenience of residents of adjoining residential area, and shall not be so located or provided as to encourage general public access or through traffic on local residential streets; d) In all other yards, except where adjacent to commercial or industrial districts, the nearest ten feet to the district boundary shall be maintained in landscaping, including walkways, except for permitted vehicular accessways and no off-street parking shall be permitted in such area. 7-23 - , 1 ,, : In general, landscaping as required above shall be of a nature which conceals extensive parking areas, service • "' areas within the district, and other undesirable views into the district, where such concealment is reasonably practicable, but shall not create hazards to automotive , traffic or pedestrians by reducing visibility at inter- sections within or adjoining the district. Where deemed necessary for protection of adjacent property against the adverse effects of noise, lights or undersirab].e views, fences, walls or hedges of an appropriate character may be required. b) Internal Relationships. In general, the plan shall provide a unified and well-organized arragnement of buildings, service areas, parking and pedestrian and landscaped common areas providing for maximum comfort and convenience of visitors and occupants. Commercial buildings shall be so grouped in relation to parking areas that after visitors arriving by automobile enter the walk- way system, establishments can be visited conveniently with a minimum of internal automotive movements. Facilities and access routes for deliveries, servicing and maintenance shall be so located and arranged as to prevent interference with pedestrian traffic in the development. Service stations, if provided, shall be so located that operations do not interrupt pedestrian or traffic • flows in other parts of the center. Loading zones where customers pick up goods shall be so located and arranged as to prevent interference With pedestrian movement within the development. 1 ->. 1 -=, ., 1,,i 7-24 A A 7.16 PD-Cl: Planned Develo,oent-Office and Institutional Districts The following regulations and requirements apply to PD-OI: Planned Development Office and Institutional Districts. 7.16.1 PD-OI Districts: Defined, Intent, Where Permitted PD-OI districts may hereafter be established in accor- dance with the general procedures and requiremnts set forth in Section 7.4 through 7.9. Such districts are defined as planned development districts for es- tablishment of complementary groupings of office and institutional uses. Where existing developments exist, are proposed and previously approved developments are (in progress, which 161; of nature substantially in accord with the intent of these regulations, they may be rezoned to PD-OI status, and shall thereafter be subject to the regulations and requirements for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the Land Use Plan dnd the Orange County Thoroughfare Plan and in accord with standards set forth herein. It is further intended that PD-OI development shall be scaled, balanced and located to reduce general traffic congestion by providings,employment close to principal places or residence, and convenient ped- estrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally and vertically: 1) That major vehicular flows and other disquieting in- fluences be so separated from residential areas as to protect privacy and tranquility; 2) That general commercial and service uses be concen- trated for maximum pedestrian convenience and located for easy accessibility by workers and visitors arri- ving by mass transit; and Where such districts adjoin residential neighborhodds, it is intended that arrangement of buildings, uses, open space and vehicular access be such as to provide appro- priate transition and reduce potentially adverse effects. 7-25 • 7.16,2 Permitted Principal Uses And Structures Permitted Principal and accessory uses and structures shall be according to Article 4, as set forth for the 0I-I districts. 7.16.3 Permitted Intensity Of Development The requirements and limitations that apply within ?D-0I districts are established in Article 5 and Article 6. 7.16.4 Height Limitations Height limitations within PD-01 districts shall be as established in Article S and Subsection 6.2 7.16.5 Setbacks Ra.uired Adjacent To Residential Districts Where PD-0/ districts adjoin residential districts without an intervening street or alley, a setback at least twenty feet in width, if a rear yard shall be provided along such joint boundary. Setbacks required above shall not be used for parking nor shall they be used for driveways serving five or more parking spaces. 7.16.6 Site Plannin% a) External Relationships Relation of the district to surrounding areas shall be as provided for PDH districts at Section 7.14.3 External Relationships; Subsection (1) Principal Vehicular Access Points; Subsection (2) Access for Pedestrians and Cyclists; Subsection (3) Protection of Visibility; Subsection (4) External Yards, Subsection (5) Yards, Fences, Walls or Vegetative Screening; Location of Uses in Relation To Adjoining Residential Districts. Where a PD-0I district adjoins any residential district, with or without an intervening street or alley to the maximum extent reasonably practicable nonresidential uses and signs shall be located or oriented away from the residential district. 7-26 b) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian move- ment between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. In particular: 1) Pedestrian systems and open space net. Pedestrian systems through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoy- uent. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connect- ing major concentration of uses within the district, and shall connect to principal mass transit stops within and outside the district. 2) Street, Parking Areas and Service Areas. Shall be so located and designed as to separate private vehicular use within the district from principal pedes- trian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings. 7.16.7 Sign Limitations The following limitations and requirements shall apply to signs in PD-OI districts. 1) General Advertising Signs Prohibited. General advertising signs are prohibited in PD-Cl districts. 2) Limitations on Signs Intended to be Read From Outside the District, or from Public Streets Within the District. No signs intended to be read from outside the district, or from public streets within the district, shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings and groups within the district, or to signs or sign structures erected by the 3) General Identification Signs for the Development as a Whole Shall be permitted as follows: One sign structure, not exceed- ing twenty feet in height, and having not more than two sign surface areas, each limited to twenty square feet, may be erected inside or outside required setbacks adjacent to public streets, provided that no such sign shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter. 4) Minor Directional Sign Structures Having not more than two sign surface areas, each limited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whale or an indication of the portion of the development to which direction is given. 5) Identification Signs for Major Buildings or Complexes Shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roofline. Only one such sign shall be permitted for each face of the building visible from a public street other than a minor residential street. The area allotment for any such signs shall be five percent of the surface area of the building on the exposure involved, up to a maximum of one hundred square feet. Such signs shall indicate only the nAme of the building or complex and the nature of the establishments therein. 6) Signs Identifying Individual Establishments or Offices From a public street shall be permitted as follows: a) One sign mounting, attached to the wall of the building, and containing not more than two sign surfaces, each with a max- imum surface area of thirty square feet. Such signs shall not project more than three feet from the wall to which attached or extend above any lower roofline, or in any case above a height of twenty feet above ground level. b) One identification sign, not exceeding two square feet in area, shall be permitted on each display window, and on each principal entrance. c) One double-surfaced identification sign, with each surface limited to two square feet, shall he permitted over each principal entrance. Unless suspended from a marquee, such sign shall not project more than three feet from the wall of the building. 7-7A d) Where marquees or awnings are provided, one identification sign, single or double-face, with area per face limited to two square feet, may be displayed on the street side, and one perpendicular to the building, for every twenty feet of building frontage, provided that spacing shall be arranged so that signs on adjacent establishments are not masked. 7-29 • 7.17 Planned Development-Industrial Districts The following regulations and requirements apply to PD- I; Planned Industrial districts. 7.17.1 - PD-I Districts: Defined, Intent, Where Permitted a) PD-I districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9. Such districts are defined as planned development districts for establishment of compli- mentary groupings of related Industrial Activities. It is the intent of these regulations to provide for develop- Meat of such districts as locations appropriate in terms of the Land Use Plan and the Orange County Thoroughfare Plan and in accord with standards set forth herein. It is further intended that PD-I e'stricts shall: 1) Encourage concentration of complementary uses grouped adjacent to streets serving large traffic volumes, provid- ing well planned development on sites with adequate frontage and depth to permit controlled access to streets and reduce marginal traffic friction; 2) Serve as an alternate to further extensions of industrial zoning allowing disorderly strip development; and 3) Protect stability and property values in surrounding residential neighborhoods. b) Minimum Area Required for Establishment of District: Access Requirements. No such district shall be established with a net land area of less than two acres, with width and depth adequate for the plan proposed but with at least two hundred feet of frontage on a arterial street. c) Permitted Principal and Accessory Uses and Structures Permitted principal and accessory uses and structures shall be according to Article 4 and the corresponding zoning districts. In addition applications for amendments to PD-I zoning streets may be denied if the proposed district does not contain facilities deemed complementary and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location pro- posed because of the character of surrounding development and/or zoning. d) Floor Area Limitations Maximum floor area permitted in any PD-I district shall be as established in Article sJars for the corresponding zoning district. e) Height Limitations Maximum height of buildings shall be as established in Article 5 and Subsection 47,4m4.. f) Pedestrian and Landscaped Common Area Requirements In general, pedestrian and landscaped omnwn, ayea require- ments shall be as established in Section "f-rz-.74, provided, however, that the Planning Board may recommend, and Board of Commissioners require, lesser amounts of pedestrian and land- scaped common area where the type of uses involved and the location in relation to adjoining development and zoning justify such reduction but in no case shall such area require- ment be reduced to less than .10 times the net land area of the district. g) Off-Street Parking and Loading Requirements Off--street parking and loading requirements shall be as established in Article ) Provided, however, that the Planning Board may recommend, and Board of Commissioners require, lesser amounts of off-street parking space where the type of uses involved, or combined use of parking areas, clearly justifies such reduction. h) Underground Electrical and Telephone Utilities Electrical and telephone service lines shall be underground in any PD-I e district. i) Sign Limitations C, Sign limitations shall be as provided for PD- districts at Subsection 7.15.9 j) Site Planning Site planning considerations and requirements shall be as provided for PD-IC districts at Subsection 7.15.10. 7-31 7.18 PD-MU: Planned Development-Mixed Use Districts The following regulations and requirements apply to PD- MU: Planned Development-Mixed Use Districts. ; 7.18.1 PD-MU Districts: Defined, Intent, Where Permitted a) PD-MU districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4.through 7.9. Such districtshaidefined as planned development district for establis of com- plementary groupings of residential, commercial and office 'uses. Where existing developments exist, or proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be rezoned to PD-MU status, and shall thereafter be subject to the regulations and require- ments for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the Land Use Plan and the Orange County Through- fare Plan, and in close proximity to mass transit facilities, in accord with standards set forth herein. It is further intended that PD-MU development shall be in complexes within which mutually-supporting residential, com- mercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations; and convenient pedestrian circulation systems and mass transit deviCes to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally or vertically: 1) That residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility; or 2) That general commercial and service uses be concentrated for maximum pedestrian' convenience and located for easy accessibility by residentgOf the district, workers within the district, and visitors arriving by mass transit, and that commercial frontage is uninterrupted by residential or office uses; and 3) That major office uses be so located as to be convenient to mass transit. Where such districts adjoin residential neighborhoods, it is intended that arrangement of building uses, open space and vehicular access be such as to provide appropriate transition and reduce potential adverse effects. _11 b) Permitted Principal Uses and Structures Permitted Principal and Accessory Uses and Structures shall be according to Article 4 and the corresponding zoning districts for the residential uses in a PD-MU district. The commercial uses in a PD-MU shall be according to Community Commercial District in Article 4. In addition applications for amendments to PD-MU district may be denied if the proposed district does not contain facilities deemed complementary and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location proposed because of the character of the surroun ing develop- ment and/or zoning. c) Permitted Accessory Uses and Structures Uses and structures which are customarily Accessory and clearly incidental to Permitted Principal Uses and structures shall be permitted in this district. d) Land Use Intensity Ratings and Related Requirements The same requirements and limitations set forth at Article 5 for PD-H districts shall apply to PD-MU districts, with the following adaptations for uses other than residential= 1) Gross Land Area Gross land area required for ,formation of the district shall include land for all, uses within the district, rather than land for residential uses only. 2) Floor Area Floor area, as limited by application of the floor area ratio to land area, shall include total floor area, less exclusions generally permitted, rather than residential floor area only. 3) Pedestrian and Landscaped Common Aeras For uses other 1an residential, the same amount of area shall be in pedestrian and landscaped areas as would be required as liveability space for a residential use. In relation to nonresidential uses, such space may include covered Us for general pedestrian use, as well as exterior walkways, play areas for children, outdoor seating areas and the like. When covered malls are so included, they shall be excluded in computing floor area. 4) Recreation Space Recreation space shall not be required except in connection with residential uses. 5) Off-Street Parking For uses other than residential, off-street parking shall be provided as required in Article 9. 6) Minimum Yard Requirements Adjacent to Public Streets Minimum front yards adjacent to public streets shall be thirty feet. 7) Yards required adjacent to Residential Districts Where PD-MU districts adjoin Residential districts without an intervening street or alley, a yard at least twenty feet in width, if a sideyard, or depth, if a rear yard, shall be provided along such joint boundary. 8) Restrictions on vehicular use of yards required adjacent to public streets. Yards required above shall not be used for parking and yards required above adjacent to Residential districts shall not be used for driveways serving five or more parking spaces. e) Site Planning--External Relationships Relation of the district to surrounding areas shall be as provided for PD-H districts at Section. 7.14.3 External. Relationships; Subsections 1, Principal vehicular Access Points; 2, Access for Pedestrians and Cyclists; 3, Protection of Visibility; 5, Yards, Fences, Walls or Vegetative Screen- ing, and 6, Height Limitations. 1) Requirement for mass transit access, No PD-MU district shall be created except where mass transportation or direct access to an arterial street is available, or is made available, at convenient locations - at the edges of or within the district. Such mass transportation shall be at a scale and of a character suited to the needs of occupants and visitors. 2) Location of Uses in Relation to Adjoining Residential Districts • Where a PD-MU district adjoins any Residential district, with or without an intervening street or alley, to the maximum - extent reasonably practicable, residential uses within the PD-MU district shall be located adjacent to the Residential district, and nonresidential uses and signs shall be located or oriented away from the Residential district. f) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. In particular: 7-34 1) Pedestrian systems and open space net Pedestrian systems through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoyment. Interior and exterior pedestrian ways shall . be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district, and shall connect to principal mass transit stops within and outside the district.. 2) Streets, Parking Areas and Service Areas Shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings. 3) Relationship of uses Shall be such that major commercial and service establish- ments are grouped for maximum pedestrian convenience along frontages uninterrupted by residential or general office occupancies. Residential or general office uses may either be in separate areas within the district, or may be separated vertically from commercial and service concourses. 4) Spacing of Buildings or Portions of Buildings Shall be as provided at Section 6.12.3 g) Sign timitations The following limitations and requirements shall apply concerning signs in PD-MU district, 1) General Advertising Signs Prohibited General advertising signs are prohibited in PD-MU districts. 2) Limitations on Signs Intended to be Read from Outside the District, or from Public Street Within the District. No signs intended to be read from outisde the district, or from public streets within the district., shall be permitted except as indicated below_ Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings or groups within the district, or to signs or sign structures erected by the County or authorized for display of public notice. 3) General Identification Signs for the Development as a Whole Shall be permitted as follows. One sign structure, not exceeding thirty feet in height, and having not more than two sign surface areas, each limited to sixty square feet, may be erected inside or outside required yards adjacent to public streets, provided that no such sign shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs , may identify the development as a whole and bear directional information, but shall contain no advertising matter. 7-36 "., 4) Minor Directional Sign Structures Having not more than two sign surface areas, each limited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given. 5) Identification Signs for Major Buildings or Complexes Shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roof line. Only one , such sign shall be permitted for each face of the building visible from a public street other than a minor residential street, except that where the length of such face of the building exceeds one hundred fifty feet, a second sign shall be permitted. Minimum area allotment for any such signs shall be one hundred square feet, or two percent of the surface area of the building on the exposure involved, up to a maximum of three hundred square feet. Such signs shall indicate only the name of the building or complex and the nature of the establishments therein. 6) Signs Identifying Individual Commercial or Service Establishments or Offices From public streets shall be permitted as follows: e, a) One sign mounting, attached to the wall of the building and containing not more than two sign surfaces, each with maximum surface area of thirty square feet. Such signs shall not project more than three feet from the wall to which attached or extend above any lower roofline, or in any case above a height of twenty feet above ground level. b) One identificaiton sign, not exceeding two square feet in area, shall be permitted on each display window, and on each princi- pal entrance. c) One double-surfaced identification sign, with each surface limited to two square feet, shall be permitted over each principal entrance. Unless suspended from a marquee such Sign shall not project more than three feet from the wall of the building. d) Where marquees or awnings are provided, one identification sign, single or doubleface, with area per face limited to two square feet, may be displayed on the street side, and ,- one perpendicular to the building, for every twenty feet of building frontage, provided that spacing shall be 1 . ,. arranged so that signs on adjacent establishments are not masked. •