HomeMy WebLinkAboutAgenda - 02-24-1986 •
•
ORANGE COUNTY
4[- BOARD OF COMMISSIONERS .
AND
PLANNING BOARD
. AGENDA
QUARTERLY PUBLIC HEARING
FEBRUARY 24, 1986, 7: 30 P.M.
ORANGE COUNTY COURTHOUSE
SUPERIOR COURTROOM
HILLSBOROUGH, NORTH CAROLINA
'AGE
A. ITEMS FOR DECISION
7 1 . Revisions to Erosion Control Ordinance
B. PUBLIC HEARING ITEMS
18 1 . Z-2-86 Orange County Investors (Residential-1 to
General Commercial-IV)
48 2 . Z-3-86 Homestead Highlands (Residential-1 to
Residential-2)
3 . Z-4-86 Vernon P. Davis (Agriculture Residential
to Neighborhood Commercial-2)
4 . Z-5-86 Allen and Doris Turner (Residential-1 to
General Commercial-IV)
(This item was advertised, but the 'applicant has
withdrawn the request )
101 5 . Zoning Ordinance Text Amendments
a. Article 20 (.riendments - 30 Day Review Period )
b. Article 4 (Permitted Uses - Add "Massage Business ")
c . Article 4 (Permitted Uses - Delete "Adult Uses" )
d. Article 6 (Dimensional Requirements - Requirements
for Massage Businesses )
e. Article 8 (Special Uses - Delete "Adult Uses" )
f . Article 22 (Definitions -- Delete "Adult Use"
Definitions and add "Massage Business " Definitions)
g. Article 4 (Permitted Uses - Mobile Homes as
Accessory Uses )
h. Article 6 (Dimensional Requirements - Mobile
Homes as Accessory Uses )
i . Article 6 (Dimensional Requirements - Standards
for Mobile Homes and Mobile Home Parks )
j . Article 7 (Planned Developments - Mobile •Home
Park District )
k . Article 5 (Dimensional Requirements - Standards
for Mobile Home Parks )
1 . Article 22 (Definitions •- Mobile Homes/Parks )
ripm
--- •
PAGE
m. Article 5 (Dimensional Requirements .- Pedestrian
and Landscape Area Ratios) (: )
n. Article 22 (Definitions - Pedestrian/Landscape Ratio)
o. Article 5 (Dimensional Requirements - Recreation
Space Ratio)
p. Article 4 (Permitted Uses - Zoning District
Application Criteria)
q. Article 4 (Permitted Uses •- Acreage Requirements)
r . Article 4 (Permitted Uses - Assembly/packaging
operations)
s . Article 8 (Special Uses - Assembly/Packaging •
Operations)
t . Article 20 (Definitions - Assembly/Packaging
Operations
u. Article 2 (Administrative Mechanisms - Planning
Board Tenure)
150 6 . Subdivision Regulations Text Amendments
a. Section IV-B-7 (Sites for Public Use -
Recreation/School Sites)
• b. Section V ( Improvements - Homeowners Association)
170 7. Flood Damage Prevention Ordinance Amendments
a. Article 4 (Flood Hazard Reduction - Floor
• Elevations)
b. Article 4 (Flood Hazard Reduction -
Non-Residential Structure Certification)
c. Article 4 (Flood Hazard Reduction - Anchoring
and Elevation Requirements )
C. ADJOURNMENT
( )
_ _ -
ORANGE COUNTY PLANNING DEPARTMENT
IHLLSBOROUGS
NORTH CAROLINA
27278 00001
4' 41711 o
yl
4,,
•
r,„ ....
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS
TO THE ZONING ATLAS, ZONING ORDINANCE AND SUBDIVISION REGULATIONS
OF ORANGE COUNTY, N.C.
Pursuant to the requirements of the General Statutes of North Carolina,
Chapter 153A, Sections 323 and 343 , Article 20 Sections 20.5 and 20. 6 of the
Orange County Zoning Ordinance and Section VIII of the Orange County
Subdivision Regulations , notice is hereby given that a public hearing will be
held in the Superior Courtroom of the Orange County Courthouse, 106 East
Margaret Lane , Hillsborough, North Carolina on Monday, February 24, 1986 at
7: 30 p.m. for the purpose of giving all interested citizens an opportunity to
speak for or against the adoption of proposed amendments to the Orange County
Zoning Atlas , Zoning Ordinance and Subdivision Regulations .
Proposed amendments to the Zoning Atlas under consideration are as
follows :
1 . Z-2-86 ORANGE COUNTY INVESTORS
The property in question is located at the southeast corner of the
intersection of Interstate 85 and Buckhorn Road (SR 1114) in Cheeks
Township. It is know as Lot 20C and P/O Lot 20 on Orange County Tax
Map #28 for Cheeks Township. It contains 849, 420 square feet or 19. 5
acres. The present zoning of the property is Residential-1 (R-1 ) .
The applicant is requesting a rezoning of the property to General
Commercial-IV (GC-4) .
2. Z-3-86 HOMESTEAD HIGHLANDS
The property in question is located on the north side of Homestead
Road (SR 1777) west of the intersection of Homestead Road and Rogers
Road (SR 1729) in Chapel Hill Township. It is known as Lot 9 on
Orange County Tax Map #109 for Chapel Hill Township. It contains
2 , 141 ,845. 2 square feet or 49. 17 acres . The present zoning of the
property is Residential-1 (R-1) .
The applicant is requesting a rezoning of the property to
Residential-II (R-2) .
3 . Z-4-86 VERNON P. DAVIS
The property in question is located on the south side of NC 54
between (SR 1952 ) White Cross Road and (SR 1951 ) Butler Road . It is
known as part of lot 8 on Orange County Tax Map 430B for Bingham
--01,1T-7.
00009
Township. It contains approximately 43 , 560 square feet or 1 acre.
The present zoning of the property is Agricultural Residential (A-R) .
The applicant is requesting a rezoning of the property to
Neighborhood Commercial-2 (NC-2) .
4. Z-5-86 ALLEN AND DOR I S TURNER
The property in question is located on a state maintained access road
leading to U.S. 70 at the southwest corner of the intersection of
U.S. 70 and Interstate 85. It is known as Lots 77 and 77A on Orange
County Tax Map 25 for Eno Township . It contains 652, 093. 2 square
feet or 14. 97 acres . The present zoning of the property is
Residential-1 (R-1) .
The applicant is requesting a rezoning of the property to General
Commercial-IV (GC-4) .
Proposed Amendments to the Text of the Zoning Ordinance under consideration
are as follows :
1. Amend Article 20 AMENDMENTS, Sections 20.3 and 20.4, to distinguish
between appication procedures for amendments to the Zoning Atlas and
amendments to the Zoning Ordinance text .
This amendment would remove the thirty (30) day time limit on the
review period for zoning ordinance text amendments following
submittal prior to public hearing.
2. Amend Article 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE,
Section 4. 3, to provide for a massage business as a permitted use in
CC-3 and GC-4 zoning districts .
This use is not specifically listed in the Permitted Use Table.
3. Amend Article 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE,
Section 4.3 , to delete the reference to "Adult Uses" .
This amendment would delete provisions related to "adult uses".
4. Amend Article 6 APPLICATION OF DIMENSIONAL REQUIREMENTS, Section
6 .25, to provide additional requirements for a massage business as a
permitted use in the CC-3 and GC-4 zoning districts .
The amendment would provide consistency with the Qainan21_1Q_.aQYisig
fs.__111__GQn .Mi_ _MLIZIel__AIISi__MAAllgl__E bli.ahMeral and would
require the submittal of construction plans for all existing or
proposed structures utilized for the massage business and certifi-
cation by the Building Inspector that said plans comply with the
North Carolina State Building Code.
5. Amend Article 8 SPECIAL USE PERMITS , Section 8 . 8. 9, to delete
provisions related to "adult uses" .
This amendment would delete provisions related to the issuance of
special.. use permits for "adult uses" .
00003
6. Amend Article 22 DEFINITIONS to delete the definitions "adult
bookstore" , "adult picture theaters" , "adult mini-picture theater" ,
"adult cabaret" and "adult massage parlour" ; to revise the definition
of "adult uses"; and to add the definitions "health services" ,
"massage" , "massage business" , "massage, business of" , "massage,
profession of" , massage practitioner" , and "personal services".
These amendments would provide consistency with the QrdinanQg__., Q
Ezaiidt nr___It._QQnitQl__QL__Mnalngl_nnd_Maal ga_Ea ali.; hman .a and
would clarify the intent regarding health and personal service
establishments .
7. Amend article 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE,
Section 4.3, to provide for accessory mobile homes as a permitted use
in LC-1 , NC-2 , CC-3 , GC-4 , EC-5 , I-1 , I-2 , 1-3 and EI zoning
districts.
This amendment would provide for the use of mobile homes as accessory
uses in the referenced zoning districts for storage, office and
similar purposes and would prohibit their use in residential zoning
districts .
8. Amend Article 6 APPLICATION OF DIMENSIONAL REQUIREMENTS, Section
6. 7. 2 , to add a provision prohibiting the use of mobile homes as
accessory structures for storage, office , workshop and similar uses
in Residential zoning districts.
This amendment would clarify the use of mobile homes in residential
zoning districts.
9. Amend Article 6 APPLICATION OF DIMENSIONAL REQUIREMENTS, Section
6. 21 , to provide clarification of the standards and requirements
applicable to mobile home parks and mobile home units contained
within the parks.
10 . Amend Article 7 PLANNED DEVELOPMENTS to add Section 7. 20 ED-ME
This amendment would establish a planned development district for
mobile home parks and would specify standards and requirements for
the same.
11 . Amend Article 5 ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS to provide
for dimensional requirements applicable to mobile home parks .
This amendment would establish the dimensional standards for the
proposed planned development mobile home park district .
12. Amend Article 22 DEFINITIONS to modify the definitions of "mobile
home" , "mobile home park" and "mobile home space" and to add
definitions of "mobile home stand/pad" , "foundation system" ,
"anchoring" , "mobile home accessory" , "modular home" , "travel
trailer" , and "manufactured home. "
00004
This amendment provides for definitions of terms used in existing and
proposed provisions of the Zoning Ordinance related to mobile homes
and mobile home parks .
13 . Amend Article 5 ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS, Section
5.1 . 2 , to modify the Pedestrian/Landscape Area Ratios (LSR)
requirements specified in the Land Use Intensity (LUI ) System.
This amendment would establish landscaping requirements for non-
residential uses for all zoning districts based on 25% of the open
space required.
14. Amend Article 22 DEFINITIONS to modify the definition of "Pedestr-
ian/Landscape Ratio".
This amendment would provide for the application of
pedestrian/landscape ratios to gross land area rather than floor area
in a manner consistent with the application of other LUI
requirements .
15 . Amend Article 5 TABLE OF DIMENSIONAL REQUIREMENTS, Section 5. 1 . 1 , to
modify Minimum Recreation Space Ratio (RSR) requirements specified in
the Land Use Intensity (LUI ) system.
This amendment would modify the recreation space requirements for all
zoning districts for residential uses to provide consistency with
proposed recreation space requirements in the Subdivision
Regulations .
16 . Amend Article 4 ESTABLISH ENT OF PERMITTED USE TABLE AND SCHEDULE,
Sections 4. 2 . 8 Local Commercial-I (LC-1) , 4.2.11 General Commercial-
IV (GC-4) , 4. 2. 21 Light Industrial-1 ( I-1) , 4.2. 22 Medium Industrial-
2 ( I-2) and 4. 2 .23 Heavy Industrial-III ( I-3) , to delete reference to
specific townships and joint planning areas in the application
criteria.
This amendment would clarify the intent of the application of the
zoning districts to all zoned townships.
17. Amend Article 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE,
Sections 4.2. 8 Local Commercial-I (LC-1) , 4. 2 .9 Neighborhood
Commercial-II (NC-2) and 4.2 . 10 Community Commercial-III (CC-3 ) , to
release uses permitted on a Class A Special Use Permit basis or zoned
Existing Commercial-V (EC-5) from maximum acreage requirements
specified for the zoning districts.
This amendment would clarify that maximum acreage requirements
specified for the LC-1 , NC-2 and CC-3 zoning districts are applicable
only to property so zoned and would not apply to property zoned
Existing Commercial-V or permitted subject to a Special Use Permit .
18. Amend Article 4 ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE,
Section 4. 3 , to provide for "Assembly and packaging operations ,
including mail order houses , but excluding on-premise retail outlets "
as permitted uses in. General Commercial -IV (GC-4) and Industrial I ,
II and II ( I-1 , 2 , 3) and as uses requiring the issuance of a Class
00005
A Special Use Permit in Local Commercial-I (LC-1) and Neighborhood
Commercial-II (NC-2) zoning districts .
This amendment would specifically provide for this use in the
referenced zoning districts either as a permitted use or upon
issuance of a special use permit .
19. Amend Article 8 SPECIAL USE PERMITS to add Section 8.8.27 A&&gmt4
and Peakag.a.ng_QaezA iQn.aa.-. .nciusl.i.mail,.._adnt_liQxi.a,....BIai_E2nlial.ng
This amendment would specify requirements and standards for the
referenced use.
20. Amend Article 20 DEFINITIONS to add the definition of "Mail Order
House" and "Assembly/Packaging Operation".
This amendment would provide for definitions of these uses
consistent with the Standard Industrial Classification (SIC) Manual .
21 . Amend Article 2 THE BOARD OF COUNTY COMMISSIONERS AND ITS
ADMINISTRATIVE MECHANISMS Section 2.2.4 'enure. to specify that
members of the Planning Board approinted to fill unexpired terms
shall be eligible for two additional full terms and to clarify that
one-third of the membership shall be appointed in February of each
calender year.
This amendment clarifies the intent of the ordinance regarding the
membership of the Planning Board.
Proposed amendments to the text of the Subdivision Regulations under
consideration are as follows :
1 . Amend Section IV-B-7 SITES FOR PUBLIC USE to replace the current
provisions with Section IV-B-7-a and Section IV-B-7-b.
The proposed amendments would clarify the method of identification
and reservation of school sites and would establish recreation and
open space requirements and standards for their development ,
including payment in-lieu-of dedication of such sites , for all
subdivisions .
2. Amend Section V IMPROVEMENTS to provide for maintenance and
responsibility of private facilities by homeowners ' associations .
This amendment would delineate the responsibilities of homeowners '
associations for maintenance and control of improvements required as
part of subdivision approval .
Proposed amendments to the Flood Damage Prevention Ordinance under
consideration are as follows :
1 . Amend Article 4 PROVISIONS FOR FLOOD HAZARD REDUCTION, Section 4. 3
Co laIm mii2n_Within_Fla2Siwu_aaa_Eloadw Y-Ll_inel_RgaiLig asi
Subsections (b) and (c) , to require certification of the lowest floor
00006.
elevation for all new or substantially improved structures in flood
hazard areas .
This amendment would bring the Orange County Flood Damage Prevention
Ordinance into compliance with recent revisions to the National Flood
Insurance Program (NFIP) floodplain management criteria .
2. Amend Article 4 PROVISIONS FOR FLOOD HAZARD REDUCTION, Section 4.3
CanlIt11.a .,1aa_Withia__ElSZadwaX_ aYla E12Q y_El .agg liLla Si Subsec-
tion (c) , to modify the certification language regarding flood-
proofing of non-residential structures.
This amendment would bring the Orange County Flood Damage Prevention
Ordinance into compliance with recent revisions to the National Flood
Insurance Program (NFIP) floodplain management criteria.
3. Amend Article 4 PROVISIONS FOR FLOOD HAZARD REDUCTION, Section 4. 5
Mohi.1Q_3Qmes Subsections (b) and (c) , to modify anchoring and elevat-
ion requirements .
This amendment would bring the Orange County Flood Damage Prevention
Ordinance into compliance with recent revisions to the National Flood
Insurance Program (NFIP) floodplain management criteria.
All interested citizens are invited to attend this hearing and be heard.
Public comment on any item must be received during the public hearing.
Those wishing to oppose a request must provide competent material and
substantial evidence as to the specific manner in which the proposed use does
not satisfy the ordinance. Following the close of the public hearing, only
evidence presented at public hearing will be examined by the Planning Board
and Board of County Commissioners for decision on the request .
Changes may be made in the advertised proposals which reflect debate ,
objections and discussions at the hearing.
Questions regarding the proposals should be directed to the Orange County
Planning Department . Copies of the proposed full amendments are available in
the Planning Department for public review. The Planning Department is located
in the New Courthouse, 106 East Margaret Lane , Hillsborough. Office hours are
from 8: 00 a.m. to 5: 00 p.m. , Monday through Friday.
tiltatalh
MARVIN COLLINS , PLANNING DIRECTOR
PUBLISH: February 12, 1986
February 19, 1986
ORANGE COUNTY L0000
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date ERhttlaty,_Z ,._11$St
Action Agenda
LA
SUBJECT: REVISIONS TO THE EROSION CONTROL ORDINANCE Item =1_
DEPARTMENT: PLANNING PUBLIC HEARING Yes _Z_ No
Attachment( s) Information Contact : Warren Faircloth
PROPOSED REVISIONS
LETTER FROM N.C. SEDIMENTATION Telephone Numbers
CONTROL COMMISSION Hillsborough - 732-8181
EXCERPTS FROM EROSION CONTROL Durham - 688-7331 EXT. 351
ORDINANCE Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To consider and act upon proposed revisions to the Orange
County Soil Erosion and Sedimentation Control Ordinance .
NEED: On July 24 , i985 the North Carolina Sedimentation Control
Commission notified . the Commissioners of required revisions to
bring the local Ordinance into compliance with changes to the
State' s Model Soil Erosion and Sedimentation Control Ordinance .
The Erosion Control Division of the Planning Department pre-
pared these revisions and sent copies to the State for their
review and comment . The approval process (Planning Board re-
view, public hearing, Board of Commissioners approval )
proceeded with no negative comment from the Sedimentation
Control Commission. Upon review of the approved amendments ,
( sent on December 6 , 1986) the Commission staff requested
(February 10 , 1986) that other revisions be made to the
Ordinance in addition to those changes requested in July, 1985.
The requested changes include correction of typographical
errors , and the addition or substitution of words and phases to
make the Ordinance consistent with defined terms . A public
hearing for changes to the Erosion Control Ordinance is not re-
quired by statute , but , as a matter of policy has been held
whenever substantial changes are to be made to the Ordinance.
The County Attorney will review the proposed amendments and
render a decision at the meeting regarding the necessity of a
public hearing.
IMPACT: The proposed revisions to the Erosion Control Ordinance will
have no effect on the administration or enforcement of the
Ordinance or affect land disturbances that are not now covered
by the Ordinance. These changes will make the Ordinance
technically correct and address legal points important in
enforcement of the Ordinance .
RECOMMENDATION: Consideration and approval of the proposed revisions subject
to the recommendation of the County Attorney._
r.
u.STA
PI 00008
State of North Carolina
Department of Natural Resources and Community Development
Division of Land Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor Stephen G. Conrad
S. Thomas Rhodes, Secretary Director
February 10, 1986
Mr. Donald Wilhoit, Chairman
Orange County Board of
Commissioners
106 E. Margaret Lane
Hillsborough, North Carolina 27278
Dear Mr. Wilhoit:
The Orange County Soil Erosion and Sedimentation Control Ordinance
as revised, adopted, and submitted to the Land Quality Section has been
reviewed. During the review several corrections were discovered which
need to be made to your ordinance. These include various typographical
errors, several general comments, and several significant conflicts with
the intent of the Sedimentation Control Commission's Model Local
Ordinance. Please find enclosed a list of the changes needed.
I an also sending a copy of this letter to Mr. Warren Faircloth
along with the list of changes and copies of the pages from your
ordinance where the corrections are indicated. I will be glad to
discuss these items with you or Mr. Faircloth if you so desire.
We urge you to address this matter at your earliest convenience so
that your ordinance might be presented to the Commission. Their next
regularly scheduled meeting is on March 5, 1986. The Commission does
require ordinances to be adopted locally prior to consideration for
approval. Please submit the adopted ordinance again once these
revisions are made, and if additional changes have been made please
indicate same at that time.
t
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833
- An Equal Opportunity Affirmative Action Employer
00009
Mr. Donald Wilhoit
February 10, 1986
Page Two
If we might be of assistance in this regard, please do not hesitate
to contact this office.
adT. . 12..4!1
Sinc ely,
S. Craig D 1
Assistant eedimentation Specialist
Land Quality Section
cc: Mr. Warren Faircloth V
Mr. Charles Gardner
Mr. Harlan Britt
Mr. Taylor Currin
Mr. John Holley
w..
• 000_x0 .
- l6 .
oas,•to t .Co th td1 Erosion
did Sedimentation 'Matra Ordinance
r
Vie-correctiO
noting
anima
_
lbw,- Typographical � `
2„ p. 4 Sates 3: the tt�`of Adeavate Erosion Control
oar. Device should have "der responsible.
� conducting the land-disturbing
definition._.,. (r.... . .., at the end of the - . .
i': tine ed guff.:. Area *head also refer
to Section 8(a) as it pertains to buffer zone.
pr. T Section 3 the definition of-Tent ar Storm in the third
linosheuld have "once" inserted between "average", and
f� 6.1(b) these paragraphs would be more
3. p. 9 Section� o Section (-e)Ch) and 6.
technically adequate if "persons engaged in ...„ and
"'persons responsible for . . .” were replaced.with "person(s)
conducting..." as shown. You have already included a
definition for Person Conductin Land-disturbin Activit
which defines not only the person conducting the activity
but also the person responsible for any violations.
p. 9 Section 6(b) and 6.1(a) although
also planaapprovalhise
died in Section 8(e). it should
sections as well. As they read now only a requirement for
the preparation and submittal. of a plan is stated.
p. 10 Section 6.1(c) change "engaged in" to "conducting".
4. p. 11 Section 7(f) in the second line insert "runoff" between
""
"water" and "resulting".
S. p.
12 Section 8(c) change "is" to "are" as shown.
p. 12 Section 8(d) either change "calculated peak rates" in the
fifth line to "calculated maximum peak rates" or "calculated
discharge"
defined in Section 3.
Change "a ten-year frequency storm" to "the ten-year
frequency storm".
p.
12 Section 8(e) change "is" to "are" as shown.
•
00011
84U) . :-the:veaockty r in this;
paragraph PeTegrardVteedd be strengthened by making: it cons gent .0 n
adequate, .:. celtuaatioo procedures.
- Section q y}, change:the maximuip per.s tie. vedoeities
�.r in tiles tabs''aa, Si101111. to:=.5 ..00k34 respectively.
.:
ps.: 19 ..Section 13, this paragraph Oinitt
i installation. cif such measures. as. required by
- eq
t; .Qrdinati ca, or _tba:l&ct-a :. as an approved gam,
requirement for installing as well as maintaining permanent
giant and'the responsibilities- of persons in possession
or centred d-. ..lend' well as the bmdoer.. See ..
-.. x: 13. of the Model .Ordinance.
3. . p. 19 -.Sect n: 15(4- iir.the third line a reference is made to
Son154. ..Where is Section 5.1?
g. 20` Section 1-504 10 t. nedend lam' reference is made to a
' k ;ten notice to'comply". This is in conflict with the
i of the Medel . This must be changed to state a
.no't ce of violation".
. t3oa.:I-7(e). Ode' ParagraPh States the requirement of
dogookls and permit issuance- for sites 204000 square feet
; er• This is fine; however, you may wish to consider
oee instances in which erosion control plans may be
required for areas smaller than 20,000 square feet as ,
provided in Section 6.1..
p. 21 Section 17(a)(3) same note as above.
p._.. 22. Section 17(f) change "engaged in" and "responsible for" to
" enducting" as shown..
11. p. 22 Section 18(a) change "is" in the fifth line to "are".
12. p. 25 Section 20 change "of a plan" in the fourth line to "of
an approved plan".
13. p. 26. Section 21(c) change "sites of land-disturbing activities"
to "sites of any land-disturbing activities" in the sixth
line.
p. 27 Section 21(f) change "responsible for" and "owner or
contractor" to "conducting" and "person conducting the
] ►disturbing activity" respectively as shown.
•
00012
REVISIONS TO THE ORANGE COUNTY
SOIL EROSION AND SEDIMENTATION
CONTROL ORDINANCE
FEBRUARY 24, 1986
1. Typographical and grammatical errors noted by the
Commission staff have been corrected.
2. Page 4, Section 3: the definition of Aslagiaa1,a
LQ�1S?.11_�QII 5. tut .1LII+-Qu-Damize. has
the words "under responsible control of the
person conducting the land-disturbing activity"
added at the end of the definition.
again i .__Ezaliaa_Quaff.tQl7Maalur.c.,__attuallma__sar
Dg,yiaa - means one which . controls the soils
material within the land area idag.aL_L€122aaikli
II211iL21__21 h€_ Ls_2a_aQAaa= - hg__laag_gia-
#�iaLhin _aa .L i t •
3. Page 4, Section 3: the definition of $uiigr_aaa
has been changed to also refer to Section 8(a) as
it pertains to buffer zone.
Bilii&.L_ALga - means the strip of land adjacent to
a lake or natural watercourse . The boundaries
and purposes of which are as set forth in Sec-
tions LOLL and 8 . 1h.
4. Page 7, Section 3 : the definition of TafzY€2
atom, the word "once" has been inserted between
"average" and " in" in the third line.
TIIII-YQ L__EIQLm - means the surface runoff
resulting from a rainfall of an intensity ex-
pected to be equaled or exceeded, on the average
angl in 10 years . . .
5 . Pages 9 and 10 , Section 6(a) and (b) and Section
6. 1 (b) : the phases "person(s ) engaged in" and
"person(s ) responsible for" have been replaced
with the phase "person(s ) conducting" in order to
make them technically correct and to use a
specific phase that is defined in the Section 3
Definitions of the Ordinance. The phase "the
land owner , or his agent" has been removed from
Section 6(b) .
Section 6(a)
ELQtgQidQa__Qi__ErapAr - person(s ) gQIlajgt1.ig
land-disturbing activities shall take . . .
00013
Section 6 (b)
Ezolio 1__CQn t LQ1__1?1an_geQU .Lgalgnt - Prior to the
commencement of any land disturbing activity that
will result in the uncovering of more than 20 , 000
square feet of land, the person(s ) aQndhating the
land disturbing activity must prepare and submit
an Erosion Control Plan for the proposed site.
The _Eian_muzi_ba_ .$aTQxgd_and__a_auding_EmLim.1.l.
ab.lainad_ludat_i2_111a_aiazi_a_tha_sliaiathange...
Section 6. 1(a)
Elan.._R€gnaamant - except as otherwise provided
in subsection b. , an erosion and sedimentation
control plan shall be prepared and filed with and
anianytdju the Erosion Control Division. . .
Section 6.1 (b)
P1an_Wa.iyaz - the person(s ) gQnangling the land-
disturbing activity . . .
6 . Page 9 , Sections 6(b) and 6 . 1(a) : these sections
have been changed to state that not only must a
plan be prepared and submitted but also approved.
Refer to the text of these sections in 5 above.
7. Page 10, Section 6 . 1(c) : the phase "engaged in"
has been replaced by the word "conducting".
Section 6 . 1(c)
ELQt eation__Qt_ELQueLty - Person(s) =agitating
land-disturbing activity . . .
8 . Page 11 , Section 7( f) : the word "runoff" has been
inserted between "water" and "resulting" .
Section 7(1 )
Manngg_at4LmYYnt€t__E1ltiQfi - when the increase in
the peak rates and velocity of storm water
nun4.€1 resulting from . . .
9. Page 12 , Section 8(c) : the word "is" after
"20 , 000 contiguous square feet " has been changed
to "are" .
10. Page 12 , Section 8(d) : the phase "calculated peak
rates" has been changed to "calculated maximum
peak rates" and the phase "a ten-year frequency
storm" has been changed to "the ten-year frequen-
cy storm" .
Section 8(d)
Dglien__and__Eaz onmange__dl__Canizal_MgaauLga -
erosion and sedimentation control measures ,
00014
structures , and devices shall be so planned,
designed, and constructed as to provided protec-
tion from accelerated erosion and sedimentation
from the calculated maximum peak rates of runoff
from 111 ten-year frequency storm. . . .
11 . Page 12 , Section 8(e) : the word "is" after 20, 000
square feet has been changed to "are".
12 . Page 19, Section 13 : the words "any provision of
the Ordinance , the Act , or any order adopted
pursuant to this Ordinance or the Act" have been
added at the end of the first sentence. The
second sentence has been -
changed to require
"installing" as well as maintaining erosion
control devices and to refer to the "person in
possession or control of the land" as well as the
land owner.
Section 13
During the development of a site , the person
engaged in or conducting the land-disturbing
activity shall be responsible for installing and
maintaining all temporary and permanent erosion
control measures and facilities as required by
the approved or revised Erosion Control Plan, WU
adialaa l.._auLaunn ._ia_lhi .__aslinanaa__QL_hha_Agi.,
The responsibility for final illing____nnd
WAiniginla permanent erosion and sedimentation
control measures and facilities after completion
of the site development shall lie with the land
owne r QL_RguQII__lII.�_R Qx����LQn_QL_�5211 tQ1_2i_ ha
land except facilities and measures installed
within road or street rights-of-way or easements
accepted for maintenance by a government agency .
13 . Page 20 , Section 15(a) : the reference to Section
5. 1 , which does not exist , has been deleted. A
Section 5. 1 , which was essentially the same as
Section 5 , was proposed as part of the amendments
relating to University Lake . However , Section
5.1 was dropped, but the reference to it was
inadvertently left in the Ordinance .
14. Page 20 , Section 15(b) : the phase "written notice
to comply" has been changed to "written notice of
violation" .
Section 15(b)
The Erosion Control Officer will serve upon the
landowner written notice QL___yiQlnliQn by
registered or certified mail . . .
00015
15 . Page 22 , Section 17( f ) : the phases "engaged in "
and "responsible for" have been replaced with
"conducting" .
Section 17( f)
Whenever a person gQndugiing a land-disturbing
activity. . . . Notice of Revocation shall be sent
by registered or certified mail to the person
.2nAmai.ing the land-disturbing activity. . . . The
person =dilating the land-disturbing activity
may appeal the revocation of a grading permit
following procedures set out in Section 21 ( f) of
this Ordinance.
16. Page 22 , Section 18(a) : "20 , 000 square feet is"
has been changed to "20, 000 square feet are".
17. Page 24, Section 19(a) : in the second sentence ,
the word "denial" has been changed to "decision" .
Section 19(a)
The disapproval or modification of any proposed
erosion control plan by the Erosion Control
Officer shall entitle the person submitting the
plan to an appeal of the decision to the Orange
County Planning Director. If the Planning
Director upholds the daQ11iQn, the person . . .
18. Page 25 , Section 20 : the phase "provisions of a
plan" has been changed to "provisions of an
approved plan" .
Section 20
Any person engaged in land-disturbing activities
who fails to file a plan in accordance with this
ordinance , or who conducts a land-disturbing
activity except in accordance with provisions of
an_.Rp„myed__Q1an shall be deemed in violation of
this Ordinance .
18. Page 26, Section 21 (c) : the phase "sites of land-
disturbing activity" has been changed to "sites
of any land disturbing activity" at the end of
the first sentence.
Section 21 (c)
The Erosion Control Officer shall have the power
to conduct such investigations as he may reason-
ably deem necessary to carry out his duties as
prescribed in this Ordinance, and for this
purpose to enter at reasonable times upon any
property, public or private, for the purpose of
investigating and inspecting the sites of �nX
land-disturbing activities . . . .
00016
20 . Page 27 , Section 21( f) : the phase "responsible
for" has been replaced with "conducting" , and the
phase "owner or contractor" has been replaced
with "person conducting the land-disturbing
activity" .
Section 21 ( f)
Whenever any person . . . . Notice of the stop work
order shall be in writing, directed to the aaLssin
canduaiing the land disturbing activity and shall
state the reasons for the issuance of the order ,
and the conditions under which work may be
resumed. Notice shall be given by registered or
certified mail . . . .
The gazaszn___aandua .ing___ ha__land _aia#.mmiliag:
Ag imi , z may appeal a stop work order . . . .
00017
ORANGE COUNTY 00018
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date _EEE$ X_2.4÷_iiln
Action Agenda
Item 1.16.=1_
SUBJECT: Z-2-86 ORANGE COUNTY INVESTORS
DEPARTMENT: PLANNING PUBLIC HEARING X -_ No
��
Attachment(s ) — Information Contact : SUSAN SMITH
VICINITY MAP
SUMMARY SHEET
FINDINGS
IMPACTS STATEMENT
APPLICATION
AGENCY COMMENTS
Telephone Numbers
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To receive public comment on the rezoning request submitted by
Orange County Investors.
NEED: Orange County Investors is requesting a general rezoning of
property located at the southeast corner of the intersection of
Buckhorn Road (SR 1114) and Interstate-85 in Cheeks Township .
The property is known as Lot 20C and P/O Lot 20 of Tax Map 28
in Cheeks Township. The parcel contains 19. 5 acres or 849 , 420
square feet .
The property is located within an area designated Twenty Year
Transition and Commercial-Industrial Transition Activity Node
in the West Orange Area Plan amendment to the Orange County
Land Use Plan adopted in 1984.
The present zoning of the property is Residential-1 (R-1) . The
property is also subject to the Protected Watershed-II (PW-2)
and Major Transportation Corridor (MTC) overlay zoning
districts ' standards .
The applicant is requesting a general
rezoning to General Commercial-IV (GC-4) .
A general rezoning to General Commercial-IV (GC-4) for 75. 1
acres was denied on January 7 , 1985 .
IMPACT: Rezoning of the property would increase the amount of area
00019
node and would allow for expansion of the existing commercial
use or, alternatively, the subdivision of the property into
individual lots for commercial development .
RECOMMENDATION: The Planning Staff recommends denial of the general rezoning
request .
Staff further suggests that development of this site upon
submittal and approval of a planned development rezoning
request is preferable to a general rezoning request given
recognized existing and potential traffic impacts resulting
from the current and expanded use of the site , the location of
the site within a designated protected water supply watershed
and the desire to provide as much protection to the quality of
local water supply in the site development process, and County
policies (MTC district ) directed at the establishment of and
compliance with aesthetic standards along major entranceways
into the County within the County' s planning jurisdiction.
20
______ ■
uss,
2.98AC a. '
"1,„ .4 ' ? 'r.l'./ i807 f \t) r, • _ i .._-•• , .
..4.,/ 0 0 441 iC AC.;
\ 1
\ i .
— ••••— __
—-
-------- 1 \
,
■
\ • .--
-- .---
1 -
/ — =_-_••—_.
\ ,
\ •
■
\ 11
\ -(
._
1 i
1 \ '
SE E M
\ ORANGE COUNTY INVESTORS
MAP 26
\.......„.. lq APPLICANT: ORANGE COUNTY INVESTORS
1.
_ litik
14.0 - LUP Designation: 20-yr.Transition,
Commercial-Industrial Transition,
PW-31
Zoning District: R-1
,\ 1 :::;:stIT:I. Zzri.i(i:ng District: GC-4 I' ._— --
N -
--------:---- --
—1
—7—
\II'S
- ---_ 1
---
___--- - .• ___
___-- • 1 ‘ ,...---_- - _ --
—_
—..
..,,,,, -. GC14I4
Cr
--II Tro 3 8 *
7 -,e----N- k ? ..._, 2) 2 '
.....n. 2.5.8AC. CA . o ' et.5 Ar
®
- AG. ...A .427.
\
111
„----. 0116 s \
.4. 1 .
..--— O' ® . I
■7 5 LZ. \, .4062 v \-, !8 AC
' AC.
1111
r---",
6906 ;,...12) \ 6 : 1111111111-11—
15.76 AC
:ar,ii /
(2...c"..)1
(17)‘'1°43
, \ 703 AC. • ',:'I '•'7
. I
ens esOID ISM SIMI.1=11 I 1 f (Th
/ .
'.5 - H..._..... i Omsk iiii237, Nfriz .
i 1 02.70. 52,71_,.... itak ,k 1 1 Q -2.5 AC- 1 aft
- 7!132 , --.. I 3.a4c. : ..' .3) •/!'/ ,--.--,,,, ., ,------"117:41b 4
i -3;\ -----, /
•'36 , A • -x ',I ..937--s.„*3 8.0 A.0 Illi 17Z: ......,_14.6 .
___ _ • 28.85 :-C. --'
/ (--------17-4
' 2 15C 1219 r® "+'- "4' ' I
I 1.931 \...__.... t,„„,483
. – : -- -- i-----9e) ■
,
• 789- '-g! AC. r'' _ ,' ..it11017-21-L.t.--• ; i. 7656
mi, -,-,..,7
•
---__ 4752 - 8,4c, ; .69•AC.-- ---7"--:8• .,
C ■ ,
57 ., \
49 AC I
1 3 AC. 263i 457. " . ' \
'''.
'' ... 1.58 acCi. .' AMI'' 7650 ,
___ ;
– –%A ..,--"--.
:359 II - 1040.3 17) "1(:901 ■‘
--- 1.2 AC L2434I Om - \---;- I . . .,
1 .
(--", ; t•a.
I .
,
„ - l
' 179) •'yew, ___,.
low, ,,,
-•- .... ...77-... oiSratcr . .
....
S. 4ESPIMPI AM, II=1 ilM SMIIII .' .5 8 f.. 7,0 a \
______41111"11.14•P ■D .. 4IMI dIIM ,
----7------;
,
--------------f _':'-1':"-,',..--,. 2 ',.. ,
I A • . .
---,---- -•----,.--;- -- e.... _ ___. z957 „•,
'.
.-,--7--,5668
' —
- ._... ,
31 ,. --. --L:----------- _____,
:,-. --------„7,-= -—'
.7• n■
7 –7
ORANGE COUNTY PLANNING DEPARTMENT
m�LLLBOROVGS U
NORTH CAROLINA
27278
:�wtt or
df il,.._..
�1
•
MEMORANDUM
TO: ORANGE- COUNTY PLANNING BOARD
FROM: SUSAN SMITH, PLANNER
DATE: FEBRUARY 3 , 1986
SUBJECT: Z-2-86 ORANGE COUNTY INVESTORS
UNEHAL_INEQUATION
APPLICANTS: Orange County Investors
Route 2 Box 53
Mebane , NC 27302
LOCATION: Located at the southeast corner of the
Interstate 85 and Buckhorn Road (SR 1114)
interchange in Cheeks Township
STATUS OF APPLICANT: Owner
REQUESTED ACTION: Approval of a General Cousnercial-IV (GC-4)
general rezoning for 19. 5 acres
PURPOSE: To allow for development of a 19.5 acre tract
for commercial use(s)
LOT SIZE: 19. 5 acres or 849 ,420 sqaure feet
EXISTING LAND USE: Portion used for Buckhorn Jockey Lot ,
remainder vacant cleared land
SURROUNDING LAND USE:
NORTH - Interstate 85 and a FINA service
station
EAST - Undeveloped, cleared land
SOUTH - Undeveloped, partially cleared land
owned by the applicant and a single
family dwelling unit
WEST - Buckhorn• Road (SR 1114) , vacant
residential property, single family
residential dwellings and a vacant
store
00022
LAND USE PLAN: Designated Twenty Year Transition, Commercial-
Industrial Transition Activity Node and
Protected Water Supply Watershed (Upper Eno)
in the West Orange Area Plan amendment to the
Orange County Land Use Plan
ZONING: The property is zoned Residential-1 (R-1) and
subject to the standards of the Protected
Watershed-II (PW-2) and Major Transportation
Corridor (MTC) overlay zoning districts.
The Twenty Year Transition plan category
provides for rezoning to all of the
residential zoning districts . The Commercial
Industrial Transition Activity Node plan
category provides for rezoning to all of the
commercial and industrial zoning districts.
ZONING HISTORY - ORANGE INVESTORS
11-28-83 Public hearing held regarding zoning of Cheeks Townshi00023 p.
4-2-84 West Orange Area Plan approved by BOCC.
8-29-84 Building Permit #8410683 issued for flea market .
10-1-84 Cheeks Township zoning approved by BOCC.
d
11-26-84 Public hearing held regarding rezoning of Orange
Investors lot from R-1 to GC-4; area requested for
rezoning 75.1 acres; staff recommends approval only for
portion of lot which includes fles market , septic tank
and nitrification field, and parking and access areas .
12-17-84 Planning Board recommends approval subject to staff
recommendation.
1-7-85 Staff reverses position based on traffic congestion
concerns and lack of compliance with MTC provisions ;
staff recommends Planned Development approach to resolve
issues ; BOCC denies request for rezoning.
ORANGE COUNTY PLANNING DEPARTMENT 0 0 0 2 4
HILLSBOROUGH
NORTH CAROLINA
27278
•.dt .r
°�..r.�
u�
t =7
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM: SUSAN SMITH, PLANNER
DATE: FEBRUARY 3, 1986
SUBJECT: ORANGE COUNTY INVESTORS REZONING DEVELOPMENT
IMPACTS
WATEILANDAAETFWATER YETEME
The applicants propose to serve the property with on-site
water and sewage disposal systems. The Orange County Health
Department 's letter dated 1-16-86 is attached. The Health
Department has indicated that the system currently serving
the site is working properly. No indication has been
received from the Health Department that the existing system
can serve expansion of the existing use or development of
new uses on the property.
Although individual wells are proposed by the applicant to
serve the site a letter has been submitted from the Orange
Alamance Water System, Inc. in which the company has
indicated they are able to extend water lines to the site.
The source of raw water for Orange Alamance Water System is
Corporation Lake fed by the Eno River.
A 12" water line serviced by Orange Alamance Water System
extends west along US 70 into Mebane. A second 12" line
extends east and north along Industrial Drive on the north
side of 1-85. A 1" water line extends south along Buckhorn
Road on the north side of I-85.
A 10" sewer line extends east along Industrial Drive on the
north side of I-85. A gravity sewer line is proposed to be
extended along US 70 west of Richmond Road from Hillsborough
to serve the Efland area.
Neither system currently serves the area south of I-85 .
ROADELTRAEFIC
The property is served by Interstate-85 and Buckhorn Road (SR
1114) , a collector road. A 1982 traffic count for Buckhorn
Road immediately south of 1-85 indicates an average of 1500
trips per day. Traffic generation estimates for permitted
uses at this site based on a maximum floor area of
approximately 439,425.77 square feet range from 4535
trips per day for a low traffic generator office use to
28, 023 trips per day for a complex of retail stores with a
common parking area where no one store has more than 100, 000
square feet of gross floor area. The rezoning request
represents a potential increase of three (3) to nineteen (19)
times the present traffic load on Buckhorn Road. Recognizing
the unliklihood that the entire tract will be utilized for
the type of retail complex described, the following example
of potential traffic generation is provided. Assuming the
continued utilization of the 16,720 square foot flea market
and expansion of the same by 100%, the establishment of 5000
square feet of retail space in attached and/or detached
structures and the establishment of a 1500 square foot fast
food restaurant , 5783 trips per day would be generated from
the site, an increase of approximately four (4) times the
current traffic load on Buckhorn Road. This traffic estimate
does not reflect actual traffic at the existing flea market
• for which traffic data is unavailable.
NCDOT has recommended that access to the site be limited to
one access and that turning lanes be provided if traffic
generation for the development warrants these improvements .
(SEE LETTER DATED 1-27-86)
PUKE, _SERVICE,,
Services at the site will be provided by the Orange County
Sheriff ' s Department, Efland Rural Volunteer Fire Company and
the Orange Rescue Squad. Courtesy review responses have been
received from the referenced service agencies . The volunteer
fire company and the rescue squad have indicated that are
able to serve the site. The Sheriff' s Department has
provided service data for the existing use and has indicated
that it is unable to determine future service needs without
more detailed information regarding future development of the
site. (SEE ATTACHED LETTERS)
BELATIQN5HIE_BETWEEN_LAND_ME_ELAN_AHD_MUND4BOINANCE.
The property is located with the West Orange Area Study and
is designated Twenty Year Transition Area and Commercial-
Industrial Transition Activity. Node. The activity node
designation corresponds with the full range of commercial and
industrial zoning districts.
00026
The requested zoning district provides for the full range of
commercial uses.
EEBMITTFD._Una
The purpose of the General Commercial-IV (GC-4) zoning
district is to provide suitably situated and sized sites that
allow a broad range of commercial , office and service uses.
Uses permitted by right in this district include:
GENERAL COMMERCIAL-IV
PERMITTED USES
E M1TTED BY R I Q I
Daycare, Day Nursery, Private Kindergarten
Family Care Home
Rehabilitative Care Facility
Hotels/Motels
Accessory Uses
Botanical Gardens
Bus Passenger Shelter
Bus Terminals/Garages
Church
Governmental Protective Services
Military Installations
Parks , Public and Non Profit
Parking (as a principal use)
Vocational Schools
Schools of Dance, Art , Music
Universities, Colleges, Institutions
Governmental Facilities
Sewer/Water Pump Stations
Animal Hospitals/Veterinary
Assembly Facility
Banks/Financial Institutions
Beauty/Barber Shops
Clubs/Lodges
Drive-in Theatres
Farm Equipment/Sales
Funeral Homes
Greenhouses (No on premises Sales)
Greenhouses (On-premises Sales)
Health Services
Hospitals
Laundry & Dry Cleaning Services
Libraries
Motor Vehicle Maintenance & Repair
Motor Vehicle Service Stations
Nightclubs/Bars
Office/Personal Services (all types)
Postal & Parcel Delivery Services
Printing & Lithography
Recreational Facilities (Profit/Non profit )
Golf Club/Course
00027
Electronic/Applicanee Repair Services
Research Facility
Restaurants (all types)
Retail Trade Sales & Rental-Convenience Goods (all types)
Retail Trade Sales & Rental-Durable Goods (all types )
Storage & Warehousing ( Inside Building)
Wholesale Sales
PEEM.TIEDAIIII_IUE_LIE T QE-A_CLAaa_A_RE M_PERMiT
Residential Hotel (Fraternities, Sororities, Dormitories)
Public Utility Substation
Adult Uses
Junkyards
Waste Management Facility
P`E.EMITIEDAITEi_T IERMANCE...'4E-A_C IAME_E_IIPECIAL_UEE,_EEEMil
Group Care Facility
Portable Buildings
Radio/Television Towers and Elevated Water Storage Tanks
Transmission Lines
Kennels/Riding Stables
Recreational Facility (Non-Profit)
Rezoning of 19. 5 acres provides for expansion of the existing
use. Alternatively, the size of the parcel may allow for
subdivision of the property into individual acre lots for
development dependent on the suitability of the soils for on-
site wastewater facilities. Both expansion of the existing
facility or development of other principle uses on individual
lots must comply with applicable requirements of the Zoning
Ordinance, including the Land Use Intensity System ( floor
area, open space , etc. ) landscaping and screening, parking,
signage and the Major Transportation Corridor and Protected
Watershed II overlay zoning districts .
FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT
PERTAINING TO
APPLICATION: Z-2-86 ORANGE GOUN-IYY INVESTORS
BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF
RECO14MENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" Indicates compliancd; "No" indicates Noncompliance
PLANNING STAFF PLANNING_
FINDINGS BASED ON BOARD
SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT_ FINDINGS RECOMMENDED
Ordinance Requirements FINDINGS
The application must comply
with all requirements speci-
fied in Article 20 - Amend-
ruiunts. Those requirements
include ;
20. 32 a) Map showing affected X Yes No Site Plan provided at scale of Yes No
property at scale of not less 11+=100'
than I '= 10011 nor more than P=
20'
20. 3.2 b) Legal description of XYes No Description provided with application Yes No
property
20. 3.2 c) Explanation of alleged X Yes No Applicant alleges error was made when zoning
r ro r, i f any, to be corrected by was exteneled to rhFueks Township. Development of
proposed amendment site occurred subsequent to submittal of zoning
atlas to public hearing.
20. 3.2 d) Changed conditions , if X Yes No Applicant cites presence of adjacent Yes No
any , which make amendment reasona- ccmmrcial use and I-85. Applicant also
bly necessary to promote public refers to the West Orange Area Plan amendment.
heai th, safety and general welfare.
20. 3.2 e) Manner in which proposed X Yes No Property is located within an area Yes Nom
amendment will carry out purpose designated Twenty Year Transtion and �
,nd intent of adopted Comprehensive Commercial-Industrial Transition Activity Node.
{Tall.
ARTICLE 4 - DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA
Ordinance Requirements
Article 4.2 indentifies the
criteria which will normally
be used to determine the
application of a zoning district
designation. The applicant ha-
applied for a General Cra-erci_al-4
(GC-4) designation. ,
The criteria for that district
are set forth in Article 4.2.3
and are as follows ;
a) Designated by the adopted Land X Yes No Site is located within the Cammercial- Yes No
Use Plan as either Ccmnercial or Industrial Activity Node designated on the
Industrial Transition activity node West Orange Area Plan. AmEindments deleting
in Hillstorough or Eno Townships. reference to the applicability of specific
aon ng'districts to specific townships are pending.
(NOTE PRQPOSED QRD1T�iA,:10E I�I++�r�l1�tVT) .
b) Water and sewer lines exist at tile.-x-Yes No public services are not proposed for the Yes No
site or are to be made available as aprt of site. Orange Alamance Water System has indicated
the development process or the lot size a willingness to serve the site with water. 'No comment
m°eh i�or splay an ' e°wpaygjactspo°sa bas been received from the Health ?)e*�aa°t+�ent exoept�indicate the
c) Vehicular access must consist proper functioning of the existing system. The site i�o arge
enough to handle additional can-site systems.
of di rect access to a.street
classified as either arterial X Yes No Site has direct access to Buckhorn Road Yes Ho
or collector as designated (SR 1114), a collector, and indirect access
by the adopted Land Use Plan. via Buckhorn Road to 1-85, an arterial.
O
C
CG
ORANGE COUNTY, NORTH CAROLINA
APPLICATION FOR CHANGE OF ZONING DISTRICT 00030
Date: aumary6, 1986
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas of
Orange County as hereinafter requested .
1 . The property is located on the F�qt side of S .R.# 1.314
rCo�+ean C Buckhorn Street/Road) between S.R.# 1)14 and
S .R .# 1-85 It is known as Lots) 20 Block 3 of
HOC Orange County Tax Map 28 Cheek Township . It has a frontage
7pLarao of 300_ feet and a depth of 1726 feet , and contains
.:l-3-8to) square feet or 19.5_ acres . it also has a frontage on
1-85 of approximately 825 feet.
2. It is desired and requested that the foregoing property be rezoned
from R1 to •
3-.- The --foLLowing information has bean _.atte hed _-.i n__ support of the .
application for changing the Zoning Atlas . 1* required on ALL
applications) . _ .�____ — --- ----
'a. A fully dieensionsd sap et al agate of not less than one 113 inch
equals one—hundred 0100) feet nor more than one 111 inch squat&
_ twanty— t201 feet`showlsg•--fie hand vhith is proposed- to be
rezoned.
*b. A Legal description of the Land proposed to be rezoned.
*c. A statement of Justification addressing one or mare of the
following:
L11 The alleged error in the Zoning Ordinance, if ■ny, which
would be corrected by the proposed amendment with a detailed
explanation of such error in the Zoning Atlas and detailed
reasons how the proposed amendment will correct the error.
La) The changed or changing conditions, if any, in the ores or
in the County generally, which make the proposed esendment
reasonably necessary to the promotion of the public health,
sefaty end general welfare.
*t8) The manner in which the proposed amendment will carry out
the intent and purpose of the adopted Land Use Plan or part
thereof. _
*(4) ALL other circumstances, factors and reasons which the
applicant offers in support of the proposed amendment
including, but not limited to, documentation from service
■gancies (e.g. firs, police, rescue and utilities agencies)
assuring services provision capability to the development.
d. A List of all individuals, firms or corporations owning property
adjoining or within five hundred IMO/ feet of the property
sought for rezoning is attached. The List is current se of
Meta)
I certify that all information furnished in this application is accurate
to the best of my knowledge . •
App L i c a n t t s) : Orange County Investors, A General =,-*r s ep
Address : Route 2, Box 53
lbane, NC Phone : 803 225-3788
803 225-3701
i REZONING REOUEST MCKLIST
ADDRESS "
OWNER'S NAME See Exhibit �
Current zoning RI Total number of acres 19,-5 Current land use Commercial
Pro vded land use
Type of rezoning requested G-C4 p �
1 Current Water Supply: Public Gommuuity______�1„r,,-.
Tax map x_28 Block Number of lots
Current Public F . Community Individual septic tank
Individual ZKX Sewage Treatment:
Average . Describe existing
daily Access onto state road � S y traffic .couut on the state road
_
Poorly drained area
critical areas: Flood prone areas
None
Other,.scnsitive areas None
Screams None i
�v icili�r e� Jockey y Tot and Fares "rye
Describe land uses in: General Area Interstate Market
used as
Service Station on -I-85
Adjacent parcels of land Ad'acent to Fins
00032
EXHIBIT A
B. All that certain parcel of land situate in Cheek' s
.Township, Orange County, North Carolina, and being more
particularly described as Tract 2A on a plat prepared by
Alois Callemyn, Registered Land Surveyor for Orange County
Investors, a South Carolina General Partnership, dated
January 18, 1985 reference being hereby made to said plat for
a more particular description of the property herein
conveyed.
C( 1 ) . The property herein described is a portion of 137. 08
acres which has been designated by Orange County Planners as
the commercial transition area. The project was commenced
approximately two (2) .years ago with the construction of the
buildings on or about September 1 , 1984. At all times prior
to the beginning of construction, the applicants were
informed that this property was designated as commercial by
the land use plan and was suitable for commercial purposes by
numerous members of the community along with the members of
the planning department. We attended the planning meeting of
the County Council in March of 1984 at which time we talked
to members of the County Council concerning the zoning of our
particular parcel . At that time all the maps along with the
members at the meeting from the planning department indicated
all our property would be designated comercial when the
zoning ordinance was enacted. On March 30, 1954, letters
were submitted to Orange County Planning Department and Board
of Commissioners asking that this property be designated
commercial when the legislation was enacted for zoning. It
has been sighted that because of failure to advertise
properly it could not be rezoned when the original plan was
adopted.
C (2) . 'The subject property i s adjoined on the northern side
by Interstate 85 and on the western side by Duckhorn Road.
These two roads are major arteries in Orange County and would
prevent any substantial residential construction on the
subject. property. It is adjoined also on the West by a
commercial establishment known as the t?uckharn Fina Service
Station. It has been recognized as prime commercial property
not only by the applicants, but by Orange County Planning and
Development Boards who recognize the need for commercial
development along the 1--•85 corridor where good access can be
acquired without unreasonably increasing the traffic flows on
the secondary arteries.
C (3) . The proposed amendment will carry out the intent and
purpose of the comprehensive plan which has been adopted by
%J r-ai...t?a!» County and that I"1 e^, dee 1 ul'ictt?d the subject. propert proper in
tx.2 ..,J n,,,1 e N c ia i. transaction a r-e a,
C (4) „ the eu 'ect orooert' 1 most certairrl'.i beet =.ui herd -for
commercial a_yi iY•f because of t he po[d aC_ e.sES both to 1- 85
00033
and £uc horn Road. Residential development for this property
is limited because o+ the road noise from l-85 and the lack
of sewer prevents industrial use. Commercial activities
which can be accommodated with• wells and septic tanks are
planned for this property and are the reasons it requires a
large amount of property for the commercial activity. All
19. 5 acres will be used for a flea market and flea market
activities which should be general commercial .
D.
NAME ADDRESS TAX MAP BLOCK LOT
Venture Capital PO Box 99 29 - 20A
Group Mebane, NC 27302
Franklin 6. 3002 Davie Drive
Hurley Durham, NC 27704 28 - 54
Waylon F. McFarland Pt 1 Murphy School Rd
• ETAL Durham, NC 27705 "9 _ 55
Maude J. Hatch Route 2
Mebane, NC 27302 28 ._ 57 _
Otis L. Fearrington PO Box 203
Mebane, NC 27302 28 -_ :LEA
Bynum 9. Sharpe Pt 1 Box 93
Burlington, NC 29 °- 18
Joe L. Fearrington Rt 2 Box 69
Mebane, NC 27302 28 19A
Joe L. Fearrington Pt 2 Box 69
Mebane, NC 27.02 28 19B
June Carter Snipes Pt 2
Mebane, NC 27302 28 --- 19
Bertha Foust Rt 2, Box 56
Mebane, NC 27302 28 -- 13
Alma Lantz 2345 W Seargant St
Philadelphia„ PA 19132 28 ..... 159
Beatrice M. Mar-hall Rt 2 Box 57
Mebane. NC 27702 28 M 15A
00034
NAME ADDRESS TAX MAP BLOCK LOT
Beatrice Marshall Pt 2, Box 57
ETAL Mebane, NC 27302 28 - 15
Lonnie McCoy Atwater Rt 2, box 60
Mebane, NC 27302 28 •- 16A
Inez Moore Rt 2, Box 144
Mebane, NC 27.02 28 -- 16
Josephine W. Warren Rt 2, BOX 60
Mebane, NC 27302 28 2
Lee W. Settle 105 South 4 Street
Mebane, NC 27302 28 - 7
Louise Crisp, Heirs 737 Jerusalem RD
Scotch Plains NJ 07076 28 8
James Cousin 148 E 9 Ave
Roselle, NJ 07203 28 -- 9
Charlie O. Viers 206 S. Wake Street
Hillsborough,- NC 27278 28 °-. 12A
Waiter T. Wynn Route 2
Mebane, NC 27302 28 -- 11
Walter T. Wynn Route 2
Mebane, NC 27302 28 .-. 12
William Paul Toby Route
Mebane, NC 27302 4.3 - 21
Al e;: Davi s - Route
Mebane, NC 27302 43 -- 19
Frances W. Led+ord Rt 1 Box 57
E•f l and, NC 27243 43 - 15
Maude J. Hatch Route 2
Mebane, NC 27302 43 -- `20
Robert Kent. Mann Route 1
Mebane, NC 27302 43 - 21A .
David Squires, SR Route
Mebane, NC. 27302
C. E. Squires" ..1r Rt 2, Box 66
Mebane, N C 27702 47 ._ -•,-•
/�
0AR �
ouu�,».
David T. Squires, Jr Rt 2, Box 70 -
43 24A
Mebane, NC 27302
���
Prepared by/Return to: James Gary Rowe, P. 0. Box 7246 , Asheville, N.C. 23807
STATE OF NORTH CAROLINA ECCt ` ?A E
COUNTY OF CERTIFICATE OF ASSUMED NAME 00036
Pursuant to the provisions of Section 68 , Chapter
66, General Statutes of North Carolina, W. Richard McClellion, Jerry
A. Meehan, Norman W. Wham and James T. Ellison hereby certify as
follows:
1. That they are engaged in business at 1008 N.
Main Street, Anderson, South Carolina, 29621, as a General Partnership,
under the name and title of ORANGE COUNTY INVESTORS.
2. That the names and addresses of the owners of
said business are as follows:
NAME ADDRESS
W. Richard McClellion 120 West Street
Anderson, SC 29621
Jerry A. Meehan 1008 N. Main Street _
Anderson, SC 29621
f
Norman W. Wham 2500 Neville Way c', rn
Anderson, SC 29621 n
_.2... fTi
James T. Ellison Rt. 2, Box 385 C
Williamston, SC 29697 , -=
r
WITNESS our hands and eals, this N4-liay of July, o
1984 . °7 w
(SEAL)
�•
'171iY A. MEEHAN, General Partner
STATE OF NORTH CAROLINA, COUNTY OF U rie �, �.„)
This /°r day of July, 1984 , personally came before
me, a Notary Public JERRY A. MEEHAN, who being by me duly sworn, says
that he is a General Partner of ORANGE COUNTY INVESTORS, a South Carol-
ina General Partnership, and that by authority duly given and as the
act of the Partnership, the foregoing instrument was signed in its
name by the said JERRY A. MEEHAN, General Partner, and that said instru-
ment is the act and deed of said Partnership.
WITNESS my hand and official seal, this /`/ day of
July, 1984 .
Notary Public
My commission expires :
FILED
BOOK/F' # 475PAGES
JUL 14 9 31 MI `f
GE-'Y JUNE I4AYE5
RD. :;,-ER uF DEEDS
ORANGE COUNTY.N.C...
Orange — A amence. Water System, Inc. -
P.0.Sox 187
Mebane,N.C. 273172
!.- i
Tel.583-6212
PLI i_17-S4 LJ
January 17, 1986
Orange County Investors
c/o Buckhorn Jockey Lot
Route #2
Mebane, North Carolina 27302
Gentlemen:
We are aware that your business is applying for commercial zoning.
As we have previously advised, our company can furnish your busi-
ness with water with an extension of our present water line.
If we can be of any further assistance, please let us know.
Sincerely,
ORA;(er--ALAMANC WATER SYSTEM, INC.
144s. ) Sandra Fa a Metca ,
anager
300 W. Tryon Street
11111111 range county 1)00
Hillsborough, N.C. 27278
` 732-9361 ext. 305
HEALTH DEPARTMENT
Chapel Hill line 967-9251
968-4501
Mebane line 227.2032
Durham line 688-7333
588-7331
Can Mill Mall. Suite 225
100 N. Greensboro Street
Carrboro, N.C. 27510
942-4168
Jerry Robinson, M.P.A.
Director
i
Date /—/6- l 7-8h -
Name 7
/ors
Address Re,/61,40,,7,1 .73�..-4 , L0
Township [J1At�pek
Tax Map 2_3
Block
Lott';
I inspected the sewage disposal systemsat
130c0A.,n■ ocA e. LoT . £i c s 0,P
on /`/6
•
The system appeared to be working properly on that date.
Sincerely,
gistered Sanitarian
Environmental Health Section
00039
300 W. Tryon Street
range county HiEe27278 gh, N.C.
7if:_:, 7xt.305
Chapel Hill One 967-9251
HEALTH DEPARTMENT Mebane line 227-2032 1
Durham line 688-7333
688-7331
^(',f? Carr Mill Mall, Suite 225
?'l 100 N. Greentioro Street
1 31 !�� Carrboro, N.C. 27510
942-4168
Jerry Robinson, M.P.A.
Director
January 28, 1986
Orange County Planning Board
Margaret Lane
Hillsborough, N. C. 27278
Attn: Ms . Susan Smith
Dear Ms. Smith:
It has been brought to my attention that the Buckhorn Flea Market,
Route 2 Mebane has applied for commercial rezoning. The food stand at
Buckhorn Flea Market, "Hot Dog Heaven" has been in compliance with the
"Rules Governing the Sanitation of Restaurants and Other Foodhandling
Establishments Section .0400" since their permit was issued on November 21,
1984 and has obtained a Sanitation Grade A Rating above 94.0%. In my work-
ing relationship, the owners and management have been cooperative in meet-
ing suggestions and guidelines recommended by the Orange County Health
Department.
Please be in contact with me if I may be of any further assistance.
Sincerely,
"'kaAALS\6 -"51\Kaye J. Snipes,�, `
"R'.'"` .�SS``'
Environmental Health Section
KJS:bb
cc: Mr. C. A. Laws
Mr. Tom Darnell
'J0O4()
ORANGE COUNTY PLANNING DEPARTMENT
HILLSBOROUGH
NORTH CAROLINA
27278
60111 ./
MEMORANDUM
TO: TONY LAWS
FROM : SUSAN SMITH
DATE: JANUARY 17, 1 ' =13
SUBJECT: BUCKHORN JOCKEY LOT REZONING
Your January 17, 1988 comment on the rezoning request submitted by
Orange County Investors has been received . However we request that your
office review and provide further comment on the application for the general
rezoning from Residential-1 to General Commercial — IV (GC-4) .
For your information a general rezoning request , if approved,
establishes a zoning district for an undeveloped parcel without specific
development plans known at the time the request is considered by the Board .
Once rezoned the owner of the subject parcel may either request a building
permit for a structure used for any of the purposes Listed under uses
"permitted by right" or may subdivide the property (if Lot area permits) into
individual Lots for which a number of building permits for the same or
different uses could be requested . The process provides for staff review of
the application and pertinent materials (including , but not Limited to , site
plans and improvements permits) , but limits the types of improvements that
can be imposed on the applicant .
In regards to the need for comment from your agency , the Zoning
Ordinance requires as a criteria for rezoning that either water and sewer
lines exist at the site (or be made available as part of the development
process) or the Lot size for individual uses is appropriate to the method of
water supply and sewage disposal (ie . either on—site individual or community
systems) . The applicant has submitted no documentation addressing the
former , but has submitted a Letter from your office indicating the existing
system is functioning properly . This comment does not address the capacity
of the soil to handle further wastewater or provide additional well sites for
an expansion of the existing use or the development of one or more of the
uses permitted by right in the district . (See the attached List of permitted
uses in the GC-4 district]
Please provide further comment which addresses this matter so that
additional guidance can be provided to the Board of Commissioners in their
deliberation on this request .
Thank you .
_
EFLAND VOLUNTEER ARE CO., INC. L,,ThLITT:TLts)
P.O. Box 39
Efland, N. C. 27243
•
4.6/ Zciate
L ciL, - /et-, Ert-51
-6":" 2/
ç7 4
r u•W
Orange Count /eeJcue Squad, inc.
a� e;
261 S. CHURTON ST., EXT.
HILLSBOROUGH. NORTH CAROLINA 27278
January 16, 1986
_FL I-17-0 '
To Whom It May Concern:
Orange County Rescue Squad covers all of northern Orange
county including the Buckhorn Jockey Lot area off of Buckhorn
road in Mebane, North Carolina.
Orange County Rescue Squad
CINDY PENDERGRASS
Sheriff of Orange-County Hillsborough;.North Carolina, 272.78
Office Phone: Hillsborough 732-2431
Chapel Hill 942-6300
Residence Phone: 929-5535
T0: Orange County Planning Department
FROM: Sheriff Pendergrass
DATE: January 16, 1986
RE: Law Enforcement Services for Proposed, General Rezoning of Property
Adjacent to Buckhorn Flea Market.;
For the fiscal year 1985, the Orange County Sheriff's Department responded
to 261 calls for service in the area proposed for .considerati.on for zoning
change. Total manhours expended (.261x.75=195.7)..
Approximately 31 of these. calls were directly to the Buckhorn Flea Market,`
these were Criminal in nature. These- investigations resulted in 136 man-
hours by the Investigative Division.
At present, the Buckhorn Flea Market. has approximately fifty (50) stalls.
Based on these figures the ratio of calls. per' business/stalls id .62 per
stall.
Expansion of the Flea Market. with a similar format should be multiplied
by .75 (average time per call) to determine total manhours.
With the little information available on what type of expansion is proposed
it is impossible to determine impact on this Department by the rezoning
request.
, A ° i)004 :4
-
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Greensboro , NC 27429-0278 = s`
January 27 , 1986
JAMES G. MARTIN
GOVERNOR
DIVISION OF HIGHWAYS
JAMES E. HARRINGTON
SECRETARY -
Ms . Susan J. Smith
Planner
Orange County Planning Department
Hillsborough, NC 27278
Dear Ms . Smith:
This is in reference to a rezoning request of property located in
southeast quadrant of the interchange of I-85 with SR1114 (Buckhorn Rd . )
Access to SR1114 can be handled safely . It is recommended that access
to property be limited to one access. Consideration of a left turn lane
on SR1114 may be desirable- if development generated sufficient traffic .
Attached is a copy of our public hearing map for future improvements
on 1-85 . Shaded in yellow is tentative location of SR1114 relocated .
Shaded in green is proposed new right-of-way.
If we can be of any further help please advise .
Sincerely ,
'r-/6341 -;--.. . Watkins
DIVISION ENGINEER
JWW/DBK/cb
atta.
cc : Mr . D . B. Kelly
_- .-_ An Euual ODDortunity/Affirmative Action EmnInver
•.,. .44
iJ0045
��
a6b y
. \7------•• • I 3M .42.,."I l'I
t ' r''''-';'''' ,'•- '.'.1 .
_---- . . \ _'. • . 7.-,,...I._-,`" :`:,*=. '• ..i...:.Y..1
a ,,,..
, .L., ..,.., , ,..„.....
, . ,,,„,, .:,, •-•-._,ik '.. ,, . .. a 1
,, .,.i.,1. 1. ,,...,•.:! 1,••,•.::.■ • \ . , e \
3 .
,,,k ., . ,,, f t,
•� i ll:. !. �+ .A ` Y$ - $ i.4-411,1,1 A -1 m�0,4
fill 7 'R ,#a:k I_' f .' • :vi,+ T ,r 1 PIg
tla .�
m'
tI kk+fi i co
N . • W a. pz- - ) '4,'.-1";':-.4 '.jf.:;' 1'..:1',.r':-••
` •.�.. . t- : �.• { vt
f• { 1f "t " „k
, l 3 y
.2) .\
. r
a TE �� pfie I'•.• -.. ;' _ -may ,yL .,
......."'"1,, •-7. 2-..,. :::e..:7.17:;1:::: ::: :1.).:• il.1-..."i:',.:'-...:-.-,i1::...7,Z7'4.-. .:,;.'",;.`,.',--z.,-.:,..,.7,--....',;:•-;._:_ li.::-. • ,:,,_,4„,„,-,7:::- -
"1� I ^ a� �/ ya...•-.,[1. `, _ -_psi"+\.-"t �.•.',-17r.. i or ,• .'�" \• ~'�•• 7 tj11� a i0 ,i-i�'t, --=fir- ' '„ + •!
__ -....,--2:-..el-. „."...,1-;",4.!FP .1 ; ,,--,--ait. t$,... I 1 ■
ll'iliver. ,1.., _._,. :,...i.,...„4='..,:,_...._,J,",-,;:;;;__.:;L--,..-i-i:...7.7:::,,-' $ ..,-,''.,,,..t.,7"'ilg.,;,..7„:-:f.L2.',.-1'.•.:17:.:, ''',. \ '''''..i.-',,- -1;'J,;;',4,7.1.a..1."4'-- 1,1'1,iiirl?'-!.41'1,14.41j"etml:\ :' \ ,..111,.. 1. . •-!. -
Y fT 5 t d' _ ! ;1 g �•d��,``tom `.1?'c,..,'•..,�. ) A',43:'':
-� r,., 1 - w
1", i:...-- , li•:. I , t.,11, ,.1/41-,,,,,,,-....1;::!-,,,:.:.,:\:,,,.,-:;-., L..,;,,..,•,,, ,-._,:::.r„:..',. .._,:;.):•,_.,,,,O,...„.r•,.1.],,..,:;-'C �..{.' -T('�':,� yy -s yam'
�. o C �• , �. �.: + ��
r , � • 7i
S• � '"' :::.-..i. � 4:13liai•j8 r���.11''l_ '�`t •'.?: • Syy} 4 l .}•� .;t s� ian
:.d. � o t.l.•- -tIL-. •N. ••—•-•---- • 7 ,„e"-
�i1 k{��r tir
v., - i"1 \--; '�- { G, �'' 1 ._-_.1--' -Kr` •may
000046
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENTS
ORANGE COUNTY, NORTH CAROLINA
I , Susan J. Smith, Zoning Officer, Orange County, North
Carolina, DO HEREBY CERTIFY that on or about February 7,
1986, I mailed, by certified mail , postage prepaid, a Notice
of the Public Hearing to be held on the rezoning of property
owned by Orange County Investors from Residential-I to
General Commercial-IV to each property owner as required by
Article 20 Section 20 . 6.3 of the Orange County Zoning
Ordinance.
The notice mailed specified the date, time, place and subject
of the Public Hearing on the zoning classification change.
WITNESS my hand, this the 7th day of February, 1986.
JJL44. 20,
SU'AN J. SMITH
ZONING OFFICER
0)0047
00048
O RANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date EEBRY_2.A,._19$i
Action Agenda
SUBJECT: Z-3-86 HOMESTEAD HIGHLANDS Item
,$
DEPARTMENT: PLANNING PUBLIC HEARING $Yes — No
Attachment(s) - Information Contact : SUSAN SMITH
VICINITY MAP
SUMMARY SHEET
FINDINGS
IMPACTS STATEMENT
APPLICATION
AGENCY COMMENTS
Telephone Numbers
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To receive public comment on the rezoning request submitted by
Piedmont Atlantic Inc.
NEED: Piedmont Atlantic Inc. is requesting a general
property located north of Homestead Road (SR R1777) and z400nfeet
west of the intersection of Homestead Road and Rogers Road (SR
1729) in Chapel Hill Township. The property is known as Lot 9
of Tax Map 109 for Chapel Hill Township. The parcel contains
49.17 acres or 2 ,141 ,845.2 square feet .
The property is located within an areas designated Ten Year and
Twenty Year Transition Areas . Approximately 15% of the
property is located within the Ten Year Transition Area. The
present zoning of the property is Residential-1 (R-1) .
The proposed Joint Planning Area Plan designates this area as
Suburban Residential which corresponds to residential densities
of two to five dwelling units per acre.
IMPACT: Rezoning of the property would allow the development of the
property in half-acre single-family residential lots .
RECOMMENDATION:. The Planning Staff recommends approval of the general
rezoning request .
-----\----C3 r, ("7-N,
0UO
��1,1 I LIMIT
.�-r- 11 4--Z
i c . c ` .
a
1 !1 .} N en
Cr1 �. G a r-
tJ :..\',/ Q 7,..—... Imo- i.
• CV i
CG C• ` j� J A `%
a_ C9 6 0
W a i� l 1=1 o � co
La cG
. 4 n ' I Cl) • • c .2-0 is
tl9 4
I� ,• 1...)1.-
~ 1\ . Gam... O- C 0• 0
/ #'P N 0 !.m• 1 4 = N O0L Cr)
U M
C M
( 0 l/ Mpg ,� 1 ^1
�= pG -r 1 1 -1
c.i /Pi. . 1 t
at
1 I
N• C7 lt7 tD• �L.N I --�.
co G \ NT\V :M1I
Q
Illi ti a
F.: II ® 1 cv
• w •
0
/111 / N
a\ J a
c M
.
n
co = 07
111111111. 111-~ i i m
� 1
N `
/ 4 ' ,
Z-1 c7 _
-. t ' r r) .ltr\� m i c \` ,
.! c0 n
--
1
GI
n -,
��ffr
rtP,
c ti
..w• P. /
ORANGE COUNTY PLANNING DEPARTMENT 00050
HILLSBOROUGH,
NORTH CAROLINA
27278
g
1:,_
Tom;
41,,,, m..0.0.
TO: ORANGE COUNTY PLANNING BOARD
FROM: SUSAN SMITH, PLANNER
DATE: FEBRUARY 3, 1986
SUBJECT: Z-3-86 HOMESTEAD HIGHLANDS
IEBAL_ilEORMATION
APPLICANTS: Piedmont Atlantic Inc.
1-C Riverbirch Road
Durham, NC
LOCATION: Located on the north side of Homestead Road
(SR 1777) , 400 feet west of the intersection
of Homestead Road and Rogers Road (SR 1729)
REQUESTED ACTION: Approval of a Residential-II (R-2) general
rezoning for 49. 17 acres
PURPOSE: To allow for development of 49.17 acres for
single-family residential use
LOT SIZE: 49. 17 acres or 2, 141 ,845. 2 square feet
EXISTING LAND USE: Vacant , wooded land
SURROUNDING LAND USE:
NORTH - Fox Meadow subidivision and single-
family residential dwellings
EAST - Undeveloped land under same owner-
ship and single-family residential
dwellings
SOUTH - Single-family residential dwellings
WEST - University of North Carolina lands
LAND USE PLAN: Designated Ten and Twenty Year Transition in
the Orange County Land Use Plan
ZONING: The property is zoned. Residential-1. (R-1 )
0005
The Ten and Twenty Year Transition area plan
categories provide for rezoning to all of the
residential zoning districts
... m m ...."/""""""•."7.."
-- . ..._
._7________...7.7
,.„ 4 12 _, '--_-.-
t, '-0 .4 ',-
, I: '.'''-s- „. .• , s. ,; , -,,
. - J-
1--, .\ .1 \ ..° 1 -,. , ..,,s././ L "`"1 0 1721 E, ,.../ c,,,, i.,,..,
•' `-....„. . .,,,E.E FARM RD. /1 ,
• 1 • '',4i, Et.,„4,1e PD / -.Ai -•,'-'4z,
,, 1. ,,__,. c.> -\—''
. i t i ..
,. i mist, 6),._ 7 ....H
-^-----', .....-e'',, ".,.
: , ,, .--- .„...."
As \ r .,' '-- ..,.. .P• Apo,.
---' ' ''''. 711:°'.....--
6---_ - =-.-'- A lipl:A. )
/ ,/ \ -.,,...'Iwo • ,./ .
% '.......rfro. - s ik'L4L75.4,1100:1t' t; 4%, /
GOE' g: •• ' ...,$ --•-...„ . . -447,,g4---"%-_ F'.2.t7 i:,F,,-X, . .
4.
0, -------% f- - •-,. . \-.---TE,.41(,EE! .. -4,,, ,, 4- %
. e , • •.•,,,-„ • _. -,.a11 '' •.,..
.../ ,..-6 r, r` - --ji
:, .,.._.. .
4 .
., , , , -rAW. -
_.--.--' adi -N- iligillitillik
,. --
446.00 r, ' 4,e, ). ___.1-1i, 414, '-'11:,,';..'141. ,•.,,,,,..-"i....-i......., A 0.`gar71,04.„
• lipt, s A .----4 , ,it, -If- _ ,...r.1! -,,..r.,-!:::,-, •T•trf..4.i...,-, 71::::::foy,.,-._. ,i.,.
.•-. ,,.ti)7
itsthi41411:;1 „,3A
.2__ • .7 . , If ,
• ±4 1 I a '-.$3.• - '.7 • t n:."'Y '201'':P '''V.
■' ■,..._- ----' A' 11.,:
4IP,-... IAA PIRPIO ''.i-,:- ' ,:f:-.-r.4- ■1.-14X/ : t. -'4%,., .,-'..•.,.
.Amtpl
wows .0
4.i ..„,-_, - _,-,
,_ . ,ogi
.,51 1 1:11,,k,V, ,-__77 ... .:
tnC1 I 7,7:-.'.43,■'...-';'
-7,71,06-ir'44'.'7,,.. . ..- 4.I"" - -"ail ,, .:-.:-.,,,:-4-;-,,,:.--, .• ._ -_, ... .41.--;•
riip . - • --,....tilit 1 _____.: --7_,,,,A:w r'm--. '-•B`- .„ri,...,1-?-'
m :-- - '
•, ..- :--:: - -^ .:-1":4;.- . I- ,e4re`-'-•' '-' ,,,,./ 1, ---*'RI
..." ,Illi ri%53Nr", '•
. - :4-‘4A...„.7.",..t,.v-1.444111,:,..:-, .. - -,;:„.4.31.,
.. a*rb•..■1'.::■.7" 7,.....,,,,,I. _
. ■ I• ,7,11. -4gi'.411"7V. IIIPT1,4117,47,. ::•':.,' '-.4'N.r,.'EP n , FEE ME r. ,,-,
-P- --",
-,'"--- --' . —. irj ' '''..,4.1"7, •i. -le••••-1/2,t,t,a...*:04.,,,,rw,...-55-tEt.: Ei. ,:g:T-,_,_ :'-:'4:;&'1,5_- :;',11., o•of'EL'' Rc tygor.".7,.,11,, a y...- ■.',-, •
iii •Tk-36.gt.i.Z;-z,--4.,Q.7.t.iU-'''.1,1,14.f1,Z'_-s:,,. ...--.,-,:N.:,,.."-::;::',
k ., 'A' Ill ,_-•,._- P . p D_74 - -..,;.....F. :'-'---,:ti.;„..ti,--,,-.*---;.,--iii-1::-JTA,‘ ,, ,-.,==,,,',--t,,,-------1.-_,-44:::::,,,_.. ,_, ..._.-5,72,g,L4z3Nw..01kr„:0,4.0:-
:: :-_,,m-N. ,;!1,NryirtiL .--_-_,:t1,,,,- ...-,•-47 '":1:71:2,i,..: :P..-]I,:. 40-ii,:';;•:-`-•!':'"'
,,,,, ).-17 P,r-,••••ltr-, lkl ._ , - tr1;12:0E4'1,11.1t1::,,_„, :i,a-V.:, .-;]7-4--46FgAyril!i,,VitiWin ,.:.,-:.:::-:.:::,71:'.,:..7:'illit;:::::71':,.7. i .'V7'
- ft. / - -,i4 . 4r1011 .F..4`--,' • a:'::EH:,,i" ';iilqq:0 rirti!!ri.t.*:1217,,,' .:k.t.ii:i ::':-'7.',..:72.::- ,1-1:1,4,1,,,,IP.,•T'ff.:711:::':3:.'""': ., lq:1:ZIV-"., .7r."ir==- -
, 1- •,,--11-• cf,.._
Ii0 :,.';':..:4'1fr• f'F.•,=i'r•i'4'!.,'•'!--tr'',,'''4'"7--!-'-',1541IN 1- ' Fn117n7:fl';:t-:71n',2].,,,,ill"Y.:77:: :.:.7.7-17:-7.... l,l.÷.4 1::..;;F:2„ 41,.,1 -..'
- .:.::,::,7::: :1 .::1:;:::;,:;;:i::.:Lnr.1..-t.',1"'&4,::''', :.:4..A. .:::L:f:::;;;P:.:Ii::,.ft: V.,!-:!i!,;rr.,,i.,,:gf: 4:__.'".- ..••••• 2.n:, _ ' .. •:::,-._447i-"Y- \ c,
i i ,,... - :.,-. 7:lit; &Ina,. - - 1„,,,:,:.::: :! ,!!!::::•::1,: ;::••■,4,.. '''','., ,Z: ,q , '::;iil',1715.Ktp, :ijilii;i0-•,.:Vi! --ff.---Ilir t'L: • ''''•.' .....• ''-' ''''
f 4,i4g7,1'ali;:.::.-;ittpi..i:::::;';::::...:ji::,•,:•;,:„:::::::.a.;,j'h:•;:,iy,,, ."i07.iim:4;;5j,1;.5.ii:;:ii. ii'7',1 :-.7.... .6.::......• • ....,..• * 1
I/ --- • -' / illj. . - 1 , .'- i:5.;1'.=1.':itiii'ilqii!.:51 :Y1:1:;-.:::i,""''."''-i.",E.,4.!" liV ,:::::;=.7. ,t::::ht:.;:;!r:!,.ii::::ii,''''''' .. \,- ,.. 7..".' • .., 1.__,---.7,7 I
• , ,
sk
,---- :- t, A 41 - es - ,,L .::ETL-.1:&:::f,:::,gq.1:::-:;::::',.-:;:i;.:::.E.:ir,r:5•11 ...-,,,,I„_.1..,'..,,J,!:::1-,::;q:•,,:-.-Z::::.:.::;•:!c:.::: :ij.:;;::34:‘,',1,•'• i.' - 4. , -...- 1 ,.1 II* VI
-\. lip i v,tiiiiiii:,.: :•2,, 241:v4:11,::,Fi:::::,:,---•-:•, :,: k.-6.0, lb---:..,+.6;: t:T:11':T.t•;;:•• ;•;::::.7.7,-,;1 ;',:. •.,,.'..,,, - '411 ,- '----^-;,) -"r- - • '
'''. - 1 ! ••''' .i,....7.::: 'ft0".7',,,,4=i;''',4..:4; *ea- 451:'.4'..i''"'"d1•7'.]"1•:;:".. "2,,:q. :I''•-•".,;;;:'.A]:• -.,.•-'-.:•::::!i... (0.1,7, . .' -
•. %._.._ ...-Git,:14:.!...,,:::::1:::11:::•1::71_7,-.:=7_1:gig:117,1•1•,gpil.7,, .i,'%1; - "‘:::7=: :-,,i..-'7:;''''''''. ..... '":'':--•'.!;.,:.:. .•" '":. ; 1(4''',-.-'''' ,'-,
NjD17 11111411. i ik'Sk...." , _•-r-,::;,;::'.::::::;::::--!:•::*i-7 ,--,:i':,?:' ;1,::'':P:34. '-fi:',,:::'4:r•I'.3,1?-k- ''''L'. •....4'•°:l'•'' '—1 3 4111" if'•--.. . '
o 1 . I . hi:. 1 00.3 4, - ' :•-•.%
1111;,,i-':i.--.4W"-::;:-ff.'.7 .". ,:d.,:7,-.'•.-:•"':'-',,L.Z:.,;,-.,,
.,.\--q i-1 ' """ ..tp 1 ' ' de° - /..4 ,,,,T,?:,:':.:::i-..- •••.:,'•-•-•::-.•.s',:....•.:-.
r
\ 7', • A
lipik
''':•--:.'V ----
.., _
i 1. ,0n4E1,.
/b• AI tt-•':• .-/-1". •
. ' '--•--. 1
•'-.../N
5 ••." . '. .•• 1,,
-\ g, 1 :'-7.•;r1•7';•1 7p,'n 43 411. .-'Vt.7,:'L'■j, Legend:
• --44....: .1 ''''..- - .$'...,
i 'IA N7.'''''''',."'17"4
if Ll'ni:r.ar "4■47,
..:.""7 4
,.....—01 44;70. .,..44.-111/1411t. --- .‘
1111111M111111% • ''''.. ..,, =RESOURCE PROTECTION AREAS .• — ).
won, 443,4'- UM. PUBLIC/PRIVATE OPEN SPACE AREAS • i
I A I AGRICULTURAL AREAS
. A , . • ' tyr,yt--• - Z-t
e - C' '- , .. • . I I RURAL RESIDENTIAL
rm. f 711(41- 1,„ .... _
. 1 Ct
.4.3i191. - T,4"4117 SUBURBAN RESIDENTIAL
.,. URBAN RESIDENTIAL
t.... d a ,A 4 L ,..:; „. ykli,. .„„,... . r 1 OFFICE/INSTITUTIONAL , ...
-,, I ,.,,, Wil
PI* ;:.g.:',4.2 RETAIL TRADE ...
*I*'c°
.i.... _:.. ''...,.. .''',-• t':...: ._
1.1 • I I,1/4e,, A Ai>II' t i, ..,..1,, S'It' . IS LEIXGTR ACI NT1VE SDI SIAPOL SAL USES
,‘..= 17,....11.st-._.,' • , ' 4. i,-\ ED WATER QUALIT-Y CRITICAL AREA
't/
mc. 1101r--; i . 1,,itS,1111r" Ali..." . 0 ACTIVITY NODE ...„..
.- , I . ... . .. ..,._.._...._
F".7::'• ,
•7 7iT63 d . ' .'llki
.2.., veer ,,,,.r.„,....... , . 03 ' 11111111477 la '994 all..•: ....N.,1, ,,
1r7APiiiii,,,,,,4,....,--
Is )
. . s
/ / 7• "W'
. rf,'.40 3.Pn'''' i 1 . .'''1•° •-41*-4 l■';'. - . '. "'•-• t i i I:.7.:';''-ii:.'tSif2--'cl,--.'.-
. t ) i 7j.-.. w•,,,-'4": ---..-.a.. . _' igW"--•
1 • ' .. V2W-.•-lidit.'' tier:4#/-4/7(7*- -,:.7--.'...i- t ,,,A-.,
( ' 1 _....____, .,.111011k,,4e•-IP.. '
..--41, "'LA • ‘'M rot L--F-Ardo----.:!7-3.- -.of,..at. 4,1 Fq ',...›'''.. ....**4 ,
i I A K-4, ". -"."-:11.-'r",—. -4, ,..,./..," •--.-5-16, _._-11- .. , ( . ,,
, ._ , ,. a.., of .lat 1 2.1ft"-- .._:,;i P • ....- ' '`,..1?, ..-, i,:- ,
... • B .
$
. -...--F-. ... - '.7.."- liP
. _ _ •
0.9
;rii.1-,--V. C\ral ;=:'--- ''7- •'
Mamimegmnis lamp i. a "T ' Ark ,--?4"IVI
-,,,:1*:■. - ...,4„--7.-. • 4
,,, •--.- - •
Chatham cowl • - . - . . - . •:=„-t-.....),...,,,
ty • ... ., . ,. •,.,..,._:„_,,,.. .
D R F T
JOINT PLANNING AREA SCALE
1ii5::! !1
LAND - USE PLAN 0 2000 4000 6000 8000
ORANGE COUNTY PLANNING DEPARTMENT 00053
IIYLLSBOROUGH
NORTH CAROLINA
27278
. r
.I
•
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM SUSAN SMITH, PLANNER
DATE: FEBRUARY 3, 1986
SUBJECT: HOMESTEAD HIGHLANDS REZONING DEVELOPMENT IMPACTS
WATER_ANp_ TEWATER_MTE 4
The applicant proposes to serve the property with the
extension of public water and sewer services. OWASA has
indicated that a gravity sewer must be extended along Bolin
Creek to serve the site. Water service can be provided by
the extension of a 12" water main from the intersection of
Homestead Road and Seawell School Road (SEE 1-13-86 LETTER) . .
MADaLIMEEIC
The property is served by access from Homestead Road.
Homestead Road is designated a major thoroughfare on the
Chapel Hill/Carrboro Thoroughfare Plan which provides for the
extension of Homestead Road from the intersection of Weaver
Dairy Road and NC 86 to NC 54. A 1985 = traffic count for
Homestead Road indicates an average of 2,861 trips per day.
Traffic generation estimates for development of the property
into approximately 80 half-acre, single-family lots is 710
trips per day, an increase of 25 " percent .
PSI.GE,:_EIBE_AND_BE E_BERYIGBa
Services at the site will be provided by the Orange County
Sheriff 's Department , New Hope Rural Volunteer Fire Company
and the South Orange Rescue Squad. Courtesy review responses
have been received from the referenced service agencies which
indicate an ability to serve the site (SEE ATTACHED LETTERS) .
Students from the development would attend schools in the
Chapel. Hill /Carrboro School District . The school district has
indicated. that a' number: of its facilities are currently
operating at capacity.
00054
Development of the site for approximately 94 dwelling units
would, based on a multiplier of . 718 for three bedroom single
family dwelling units , generate 67 school age children.
BELATIONEHIE_BETWEEN_LAND_UEE_ELMLAND_WEING_MINANCE
The property is designated Ten and Twenty Year Transition
Area on the current Orange County Land Use PLan. This plan
designation corresponds with the full range of residential
zoning districts.
The requested zoning district provides for the development of
the property into one-half acre single-family residential
lots.
•
The proposed Joint Planning Area Land Use Plan designates the
site Suburban Residential . This designation corresponds with
development of residential property at densities of two to
five dwelling units per acre.
EEEMITTED_3ZEEE
The purpose of the Residential-II (R-2) zoning district is to
provide locations for low intensity residential development
and supporting recreational , community service and
educational uses in areas where urban services are available
or are to be provided as part of the development process.
Uses permitted by right in this district include:
PERMITTED BY RIGHT
Single family dwelling
Two family dwelling
Multiple family dwelling
Mobile Home
Family Care Home
Temporary Mobile Home
Accessory Uses
Botanical Gardens
Bus Passenger Shelter
Church
Governmental Protective Services
Parks , Public and Non-Profit
Schools , Elementary, Middle and Secondary
Governmental Facilities
Water and Sanitary Sewer Pumping Stations
Recreational Facilities , Profit and Non-Profit
PERMITTED WITH THE ISSUANCE OF A CLASS A SPECIAL USE PERMIT
Public Utility Stations/Sub-stations
PERMITTED WITH THE ISSUANCE OF A CLASS B SPECIAL USE PERMIT
Nursery, Day Care and Kindergarten
Group: Care Facility
Temporary Mobile Home (Custodial Care)
Pnrtnh'la
Cemetary
00055
Community Center
Radio and Televisions Transmitting/Receiving Towers
Elevated Water Storage Tanks
Transmission Lines
Recreational Facilities, Non-Profit
Rezoning of the 49.17 acres provides for the development of
one-half acre single-family residential lots through the
major subdivision approval process.
FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT
PERTAINING TO
APPLICATION: HOMESTEAD HIGHLANDS
BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF
RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" Indicates compliance; "No" indicates Noncompliance
PLANNING STAFF PLANNING
FINDINGS BASED ON BOARD
SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS RECOMMENDED
Ordinance Reg ui rements FINDINGS
The application must comply
with all requirements speci-
Cied in Article 20 - Amend-
inents. Those requirements
include:
20. 32 a) Map showing affected X Yes No Site Plan provided at scale of Yes No
property at scale of not less 1"=100'
than I1= 100" nor more than 1 '=
20. 3.2 b) Legal description of X Yes No Description provided with application Yes No
property
20. 3.2 c) Explanation of alleged Yes No No error alleged Yes No
error, i f any, to be corrected by
proposed amendment
20. 3.2 d) Changed conditions , if X Yes No Applicant cites rapid growth in Yes No
any , which make amendment reasona- Chapel Hill/Carrboro area and shortage
b i y necessary to promote public of single—family residential development
fecal th , safety and general welfare. sites.
Q
2003.2 e) Manner in which proposed Yes No Applicant notes property is located Yes Nci=,
owcndment wi11 carry out purpose within an area designated ten and Ui
and intent of adopted Comprehensive Twenty Year Transition Area on the adopted plan �
Flan. and designated for suburban residential developnent at-
2 5 units per acre on the proposed JPA plan.
ARTICLE 4 - DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA
Ordinance Requi rements
Article 4.2 indentifies the
criteria which will normally
be used to determine the
application of a zoning district
designation. The applicant has
applied for a RESIDENTIAL-2
(R-2) designation. .
The criteria for that district
are set forth in Article 4.2.3
and are as follows :
a) Designated by the adopted Land X Yes No The property is located within an area Yes No
Use Plan as a Transition Area, designated TkBn and TWnty Year 9Yansitim
which can reasonably be expected t,e Area.
be annexed by a municipality
in the ensuing 10-20 years.
b) Water and sewer lines should X Yes No Oti►TASA has indicated it wall provide Yes No
exist a t site o r b e assured o f water and sewer service to the site -
instal1ation as part of the (SEE Impact Statement)
development process.
c) Vehicular access must consist X Yes No Yes No
of direct access to a street Direct access to.the site is provided
classified as either arterial vi.a Homestead Road (SR 1777) which is
or collector as designated designated an arterial in the Orange County
by the adopted Land Use Plan. Land Use Plan and on the Chapel Hill/Carrboro
Thoroughfare Plan.
C+
Cll
ORANGE COUNTY, NORTH CAROLINA
APPLICATION FOR CHANGE OF ZONING DISTRICT 0 0058
Date : janu,ary 17, 1986
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas of
Orange County as hereinafter requested .
1 . The property is Located on the north side of S.R.# 1717
( Homestead Road] between S .R.# 1-729 and
S.R.# 1884 It is known as ' /D Lot 9 , Stock N/A , of
■imp
Orange County Tax Map 109 - Chapel Hi-I l Township . It has a frontage
of , 475.E5 . feet and a depth of 1308.61* feet , end contains
square feet or 49. 17 acres .
*property is not rectangular; Dimension for depth is the southern property I-.ine.
2. It is desired and requested that the foregoing property be rezoned
from R'l to R
3.- The -•folLowing information has bean _.attached . .in_ support of the
application for changing the Zoning Atlas (* - required on all
•
applications) .
• *a. A fully dimensioned asp at •a scale of net laps than ens (11 inch
e quals one—hundred (1001 fast nor more than one (11 inch squats
twenty' 1201 feet"showing••--the land which is propelled to ha
rezoned.
•b. A legal description of the lend proposed to be rezoned.
*c. A statement of justification addressing one or more of the
following:
(1] The alleged error in the Zoning Ordinance, if any. which
w ould be corrected by the proposed amendment with a detailed
e xplanation of such error in the Zoning Atlas and detailed
reasons how the proposed amendment ■ill correct the error.
(2] The changed or changing conditions, if any. in the area or
in the County generelty, which make the proposed amendment
✓easonably necessary to the promotion of the public health,
safety and gensrsl welfare.
•(8) The manner in which the proposed amendment will Barry out
the intent and purpose of the adopted Land Use Plan or part
thereof.
O(4) ALL other circumstances, factors and reasons which the
applicant offers In support of the proposed madmen;
including, but not limited to, documentation from service
agencies (e.g. firs, police, rescue and utilities agencies)
assuring services provision capability to the development.
d. A list of all individuats, firms or corporations owning property
adjoining or within five hundred (500) feat of the property
sought for rezoning 1s attached. The list is current as of
(Oats) -
I certify that all information furnished in this application is accurate
to the best of my knowledge . •
• ppLi cant( s) :, Pi.edmont Atlantic, Inc) cj ;Isr--1Ci 1 SZC
• ddrese : 1-i Riverbirch Road • 1-1 t-wt rte_ 70-- T-1 (. ON!
Durham. ',grth Carol i na- hone : Dale Redfoot• 383--
Buz Lloyd: 967-9948
REZONING RE-QUEST CHECKLIST
APPLICANT P i edmont Atlantic,'
t l antic, Inc. ADDRE=SS 'I-C R i ver to i rch Road, Durham, ;;orth Carolina
Heirs of John Duncan ADDRESS ,c/o Wallace V, Dulcan homestead Road Cha e I H i I k , j.t .OWNER'^ NAME
Current zoning R-1 Total number of acres 49• l7� - Current land use undeveloped
Type of rezoning requested R-2 Proposed land use medium density residential
Tax map C1'-1O9 Block # N/A Number of lots P/O Lot 9 ' -Proposed Water Supply: Public OWASA Community
OWASA
Individual Proposed Sewage Treatment; Public Community Individual septic tank
Access onto state road #1717 Average daily traffic count on the state road -1 9.00 t/d lescribe existing
critical areas: Flood prone areas no areas designated as fIood. pIaIn Poorly drained areas one: along the strcjrF,.
Streams one: parallel to Homestead Rd. Other sensitive areas relatively steep slope along stream
-Describe land uses in: General Area Undeveloped on tiro and. P/0 two sides Residential (R-1 ) on one and P/0 two sides .
Adjacent parcels of land See list attached,
O
00060
Wallace Veneble Duncan
Homestead Road
Chapel HIII , North Carolina
27514
Orange County Planning Department
Hillsborough, North Carolina
27278
Gentlemen:
This is to certify that I , Wallace Veneble Duncan, am authorized to
approve application by Piedmont Atlantic, Inc. for rezoning and/or
a planned development pertaining to a sixty-four acre tract of land
at the intersection of Homestead and Rogers Roads belonging to the
heirs of John Duncan.
This tract of land is listed in the Orange County Tax Map Registry
as Chapel Hill Township, Map 109, Lot 9 and is shown as being the
property of Mary Duncan, Rte. 4, Box 115, Chapel Hill , North Carolina
I further certify that authority to approve the above mentioned ap-
plication(s) by Piedmont Atlantic is conveyed to me by a power of
attorney duly executed by all the heirs of John Duncan,
Sincerely,
Wallace Veneble C ncan
I hereby authorize Piedmont Atlantic, Inc. to make the above described
application(.$) to Orange County pertaining to the tract of land de-
scribed above.
t..4?-71 C —
Wallace Veneble Duncan
0 0 6 1
1 5
lc El 44 10
II
\ 12
LEGAL DESCRIPTION
.5% 1
21
r/NN, 14
/ 13
' - -
SET *( s ) 3
--- SET'I'S
1 10784.7236 10047.9957
AXEL
NE-3-30100 " 2- 17712:5481 12138,5485
AXEL
2 s 990237 _310705_ 3 12227.3729 10446 .5553
3 SE 89 28'55" 184.97 4 12225.7004 10631 .5178
EIP
--- 4 - -sE---139-2s-aa---- 332.24 5 -t2222322/-- - -T0983:74-06
EIP
5 NE 89 37'12" 19.97 -6 12222.4551 10983.7102
sr7
6 NE 89 07'47" 197,82 32 12225.4596 11161 .5073
LOT CORNER
32 -SE Id -10'44-"- 531.00 34' 1158:es-e1- 112S7.0521
'-LOT CORNER
34 ' SE 35 3447° 882.6V , 35 10982.5240 11770.2290
LOT -CtMINER--
35 SW 44 39'47" 295. 15 18 10772.5979 11562.7572
18 SW 43 1248" 99.81 19 10699.8555 11494.4155
COMP,POIN4--- •
19 SW 40 00'29" 80.89 - 20 10637.8975 11442.4117
EIP
----2-0-- -NW -55- 2,3'40- 3E4757 21' MS3376820 11146:6786 - -
EIR
21 SW 24 37'33" 195.71 22 10685.7723 11065. 1258
- --- _ _
22 SW 29 58'44" 178.76 23 10500.9288 10975.8027
EIP
-73 -- -69 --10379.3389 11253. 1133 - - . _
EIP
24 SW 20 0451 " 42 .05 25 10335.6422 11278.6756
----IRON-STAKE - -
25 NW 70 07'32" 1308.61 26 10784.7173 10048.0080
POB
" 6 9W E2 46'07" .01 ' 1 10784.7236 10047 .9857
AXEL
PERIMETER SO Fl ACRES
6804.05 2. 1417170222E4-6 .16. 167057
t -,
• I A 1 7
' i
..,, ..u'J V .C.EL...d ' 1.4 i () O 9
J?{•yam ra sr 7,0 4 M 9 StYi .•. r . .
44
L 4 ip
— _ 4 7 7o •
'
. os a -ae7r
r►e a+3-32 244
t�,. I'.
n -�JO. W rA
it. y� N
I d i .
1° a,, 91
a �:
Zi in
0
14
0 9 • la
?. m 11q
a 4 0 RC.- f ,
♦/` 1f
z
V t.'y 1�.
n�
♦ �+ b tz '� i5 .S1 Norte:
ti,4 4..� • o�
22 ' ♦ ..,..v"--,,,,:....,} 's tY�Q. '77/1 S63 41 Si ME...•:S
.? '.7'1'41`1 /34 - 3 8 8
T.•Ji! w -S.A."
- /.? -Q ca, /4 9 /.i b- SC•
--- .vl,,AF T" - , �_)
.vs �es4C.�se...� 1 a'ywi„f I q�5 .U�
.�o '- 4 ....cr..
.
- Gau.►sc s 0,6 0A.,a .'S`�7 A G•
o r� �
/ / ��`�
friWILWISIEEMIL
WI
Pr,wrznomrsimerrm ar.rn .we -
0,4„ .
IFJ
ONEKIIMI 0..e7
• ■ O^C.TTY ar
-X . ,-6. nL.I An;c& 04 C,RS
G.u..0 tart. "01.o.0.1 4 r.uAll. - o.O..,0 044 L C.• — ..J•G.
4..ua - 9, ,'741 5 .Jawai ,• ■ s.00'
SURVEYS $-r J
WIC.4../11M O. Y.4TdL5 -C. S.7' L./3A 7 ;,
0
7
v
0
2•a je. ,40e c■oe
SCALE IN FF FT I
00063
REQUEST FOR REZONING
Subject Property; A 49. 17 acre parcel of land, part of a 64. 11 acre
tract belonging to the heirs of John Duncan and lo-
cated on Homestead Road in Chapel HiII Township,
Orange County, North Carolina. -
Applicant: _ Piedmont Atlantic, Inc.
Dale Redfoot, president, 383-8354
Buz Lloyd, secretary, 967-9948
I-C Riverbirch Road
Durham, North Carolina
Date: January 17, 1986
STATEMENT OF JUSTIFICATION
Changed Conditions
The rapid growth of the Research Triangle area particularly including Cha-
pel Hill combined with the recent tendency towards construction of primarily
multi-family housing in and around Chapel Hill and Carrboro has left the
southeastern Orange County area with an acute shortage of land developed
for the construction of single family homes. The construction of Interstate
40 through Orange County has further heightened population growth in the area
and particularly in the area north. of Chapel Hill and Carrboro. Rezoning
this tract of land to densities allowing construction of approximately two
units per acre will aid in easing the shortage of land developable for sin-
gle family housing in this area.
Land Use Plan
Approximately 15% of this tract lies within the "Ten Year Transitional"
area:of the existing Land Use Plan. The proposed amended Land Use Plan
redefines this same area as: "Urban Residential". The balance of the tract
lies in the area described as "Twenty Year Transitional" and "Suburban Re-
sidential" by the two plans respectively. Residential development at the
density of approximately two units per acre is an appropriate density of use
for this area in the light of both the existing and proposed Land Use Plans;
this, usage will provide the desired transition between urban and rural land
use densities as called for in the proposed Joint Planning Land Use Plan.
Zoning Ordinance Criteria
With regard to Section 4.2.3 of the Oragne County Zoning Ordinance, this
tract satisfies the listed criteria as follows;
00064
I . The property is designated as being in a transitional area and can
reasonably be expected to be annexed by a municipality (the Town of
Carrboro) within ten to twenty years.
2. Development of this tract to R-2 density will result in the extension
of water and sewer to the tract before the tract can be developed at
the allowable density. •
3. Vehicular access will be by Homestead Road which is classified as an
arterial road in the adopted Land Use Plan.
Documentation from Service Agencies and Utilities
Letters stating an ability to serve the development resulting from this
rezoning are attached from the following:
I . Orange Water and Sewer Authority
2. Duke Power
3. Public Service Co. , of North Carolina, Inc.
4. Orange County Sher%Ws Department
5. New Hope Fire Department
A letter from the South Orange Rescue Squad has been sent directly to the
Orange County Planning Department.
^ Orange Water and Sewer Authority 0 0 0 6 5
406 Jones Ferry Road
OWASA P.O. Box 366
Carrboro, NC 27510
(919) 968-4421
January 13, 1986
Piedmont Atlantic, Inc.
c/o Mr. Buz Lloyd
Post Office Drawer J
Carrboro, NC 27510
Gentlemen:
SUBJECT: Tax Map 109, Lot 9
Homestead & Rogers
Water and sewer service may be extended to the above referenced property,
provided it is done in accordance with OWASA policies, procedures and
conditions which exist at the time of the extension.
A gravity sewer main must be extended along Bolin Creek to serve this
property. Water service can be provided by the extension of a 12" water
main from the intersection of Homestead Road and Seawell School Road.
Detailed construction plans must be provided to OWASA for review and
approval. After OWASA's approval, plans must be approved by the
appropriate State Regulatory Agencies.
If you have further questions regarding this matter, please contact
this office.
With best regards,
Jo n W. Greene
A t. Chief Engineer
vn
An Equal Opportunity Employer
"> 0JO 3
5 -qiie-7.0" a Ln_) a-/-8co
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Greensboro, NC 27429-0278
JAMES G. MARTIN February 6, 1986
GOVERNOR
DIVISION OF HIGHWAYS
JAMES E. HARRINGTON
SECRETARY
Ms. Susan Smith, Planner
Orange County Planning Department
Hillsborough, NC 27278
Dear Ms. Smith:
This is in reference to the proposed Homestead Highland Development
on Homestead Road (SR 1777) .
Homestead Road is designated as a major thoroughfare on the 1984
Chapel Hill - Carrboro Thoroughfare Plan. An 80' symmetrical right
of way is recommended for future multilaning. One entrance is recommended
to the development. The entrance should be located no closer than
500' from Rogers Road (SR 1729) . Exact location of access should be
determined by 500' spacing from Rogers Road and sight distance require-
ments looking south along Homestead Road. A left turn lane on Homestead
Road at access is recommended.
If we can be of any further help, please advise.
Sincerely,
W. Watkins
DIVISION ENGINEER
JWW/DBK/gm
cc: Mr. D. B. Kelly
An Equal Opportunity/Affirmative Action Employer
D u +.: POWER COMPANY 0 Q
P. O. BOX 2000
CHAPEL HILL, N. C. 27514
CHAPEL HILL Januar y 16, 1986 TELEPHONE
DISTRICT 919/967-8231
Piedmont Atlantic Corporation
c/o Buzz Lloyd & Associates
P.O. Drawer J
Carrboro, N.C. 27510
Dear Mr. Lloyd:
In response to your request concerning electric
service to a 64 acre tract at the corner of Homestead Rd.
and Rogers Rd. , we have surveyed the site and can provide
overhead or underground service. Underground service
requires a contribution in aid of construction which can
be determined once your plans are finalized. Although
facilities exist which would allow us to provide over-
head service, a Town of Carrboro ordinance exists which
requires underground. We would recommend that you contact
the town to see if it is applicable.
Once you have finalized your plans, please contact
Henry Richardson of our Engineering Department to work out
the details . Early notification will allow us to work
out construction schedules and provide service on time.
Please let us know if you have any questions .
Sincerely,
12, 11
J. ussell
District Engineer
JAR: egc
cc: Larry Touchstone
00068
PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC.
200 Elliott Road,South/P.O.Box 2779. Chapel Hill, North Carolina 27514
January 17, 1986
Buz Lloyd & Associates
P.O. Drawer J
Carrboro, N.C. 27510
Dear Mr. Lloyd:
We thank you for your interest in using Natural Gas for your
proposed sixty-four acre Sub-Division in Chapel Hill, N.C. According
to the site plan we are approximately 3000 ft. away with our existing
Natural Gas lines. Based on our recent conversation of your desire
to use natural gas for heating & water heating for this sub-division
Public Service will be glad to extend our facilities in order to serve
this Sub-Division. We wish you much success on this project and look
forward to serving your company in the near future.
Sincerely,
Dr-€‘41./lid1211
Hal B. Brafford
HBB/rgb
00069
LINDY PENDERGRASS
Sheriff of Orange County Hillsborough, North Carolina, 27278
Office Phone: Hillsborough 732-2431
Chapel Hill 942-6300
(— Residence Phone: 929-5535
h' �
TO: ORANGE COUNTY PLANNING DEPARTMENT
FROM: SHERIFF PENDERGRASS
DATE: JANUARY 16, 1986.
RE: LAW ENFORCEMENT SERVICES FOR PROPOSED SUBDIVISION BY PIEDMONT ATLANTIC
ON HOMESTEAD ROAD
For the Fiscal Year 1985, the Orange County Sheriff's Department responded to
14,404 calls for service countywide. County planning population figures show
approximately 45,000 persons listed within the county. Based on these figures
the ratio of calls for service countywide. is .32 per person. Countywide the
Sheriff's Department served 9,404 civil. and criminal papers for a ratio of .21
papers per person countywide.
The proposed Homestead Office/Home Development is in an undeveloped area, therefore
a county; wide average must be applied. . .
Figures furnished by MP. 'Buz Lloyd indicate 80 new'homes and to 30 to 50 offices
to be built. An average: of 2.:3 persons will occupy these- new homes with a total
population of 184 persons expected.
Based on a countywide average,; 184 persons will generate (184 x .32 + 58.8) calls
for service, using an average of 45 minutes: per call for a total of 44.1 man hours.
Based on 200 sq. ft. .of office space per person/worker the proposed 84,000 sq. ft.
of off ice space will result in a population of 420 persons expected.
Based on a countywide average., 420 persons will generate (420 x .32 = 134.4) calls
for service, using an average of 45 minutes per call for a total of 100.8 man hours.
Based on a countywide average, 604 persons will generate (604 x .21 = 126.8) papers
served, using an average of 45 minutes per service of each paper for a total of 95.1
man hours.
44.1 Hours: Calls for service for residence
100.8 Hours: Calls for service for office complex
95.1 Hours: Paper Service
240 Total Man Hours
00070
LINDY PENDERGRASS
Sheriff of Orange County Hillsborough, North Carolina, 27278
Office Phone Hillsborough 732-2431
Chapel Hill 942-6300
Residence Phone: 929-5535
Page 2 Of 2
To Orange County Planning Board
Based on data countywide for paper service and calls for service, 240 man hours
can be projected for one year for the proposed Homestead Road Subdivision.
The addition of this proposed project and the projected 240 additional man hours
will not, by itself, cause a significant impact on the ability of the Orange
County Sheriff's Department to provide service for this area, however, this
combined with other proposed projects in this area could cause the need for
additional manpower to maintain the current service level.
00071
New Hope Volunteer Fire Department
of Orange County, Inc.
Station No 1 Route 2 Station No.2
Whitfield Road Chapel Hill,N.C.27514 Hwy.86 North
January 15 , 1986
Mr. Dale Redfoot , President
Piedmont Atlantic, Inc .
1-C Riverbirch Road
Durham, NC 27705
Dear Mr . Redfoot
This letter is in refrence to the Duncan Property
located on the corner of Homestead Road and Rogers
Road in Orange County . Since this property is located
within the New Hope Fire Protection District , the New
Hope Fire Department provides fire protection to this
area. If any construction of apartments or office
buildings are to be located on this property , the fire
department would likesome input into the general layout
of the complex .
Sincerely ,
\IOC jewree
Mike Tapp , Chief
New Hope Fire Department
cc : Board of Directors
New Hope Fire Department
r
i1OO7 '
1 P.O.Box 337
a rrbo ro
301 West Ma,n Street
Carrboro,North Carolina 27510
N.C. (919)942-8541
February 7, 1986
Ms. Susan Smith
Orange County Planning Department
Hillsborough, North Carolina 27278
Dear Ms. Smith:
Thank you for giving us the opportunity to comment on the Homestead High-
lands rezoning. Our procedures do not provide an opportunity for Planning
Board review on such short notice. The Planning Board meets the third Thursday
and agendas are sent out the second Thursday of each month. The Town is for-
mulating policies regarding land use densities in undeveloped areas peripheral
to the Town.
The Administration's position, until a clearer policy direction is pre-
sented, is:
1. That density on undeveloped land should reflect the capacity
of the land, considering limits on development posed by factors
such as flood hazards, steep slopes, soils, and University Lake
Watershed protection. We allow a modest increase in density
where other goals are met, particularly housing goals: such as
a mixture of housing styles---single-family large lot, single-family
small lot, multi-family ground unit, multi-family non-ground unit,
multi-family four story.
2. On the other hand, we desire to continue to foster a policy of
high density with limited access on land within 500 feet of
arterials.
This tract has a density capacity under our proposed natural constraint
system of four to five units per acre. Since it is in a corridor for a future
arterial , we hope that the development would utilize at least this density,
hopefully more.
On the other hand, we realize that because of the proximity of this site
to the school , there may be some need to restraint the intensity of develop-
ment here.
To the extent that this zoning would increase the density on the tract we
support the petition. We are concerned that a conventional subdivision may be
inappropriate because of steep slopes on a significant portion of the tract.
We would encourage the use of a PUD style of development. We would encourage
the County to consider developing cluster provision for development and to
provide incentives for its use.
00073
Page 2
Ms. Smith (con`t)
Thank you for providing an opportunity to review.
Sincerely,
1l
U
b ry )venpo t
anner II
JPD/jes
()0074
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENTS
ORANGE COUNTY, NORTH CAROLINA
I , Susan J. Smith, Zoning Officer , Orange County, North
Carolina, DO HEREBY CERTIFY that on or about February 7,
1986, I mailed, by certified mail , postage prepaid, a Notice
of the Public Hearing to be held on the rezoning requested by
Piedmont Atlantic Inc. for property owned by Mary Duncan from
Residential-I to Residential-II to each property owner as
required by Article 20 Section 20. 6. 3 of the Orange County
Zoning Ordinance.
The notice mailed specified the date , time, place and subject
of the Public Hearing on the zoning classification change.
WITNESS my hand, this the 7th day of February, 1986.
lr
___ ILGLO
SUSAN J. S I TH
ZONING OFFICER
!`0OO75
00076;
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date _EEHRI_2.44._1
Action Agenda
SUBJECT: Z-4-86 (REZONING REQUEST) VERNON P. DAVIS Item #&-4./._
DEPARTMENT: P LANN I NG PUBLIC HEARING Yes No-_�
� No
Attachment (s) � Information Contact : EDDIE KIRK
VICINITY MAP
SUMMARY SHEET
IMPACTS STATEMENT
PLANNING STAF FINDINGS
CERTIFICATE OF MAILING
AGENCY COMMENTS
Telephone Numbers
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To receive the public comment on a
submitted by Vernon P. Davis . proposed rezoning request
NEED: Vernon P. Davis is requesting a rezoning for 1 acre located on
the south side of NC Highway 54, east of the Gulf Station/Store
and west of Larry' s Alignment Shop in Bingham Township.
This site has direct access onto NC Highway 54. This road is
designated as an arterial in the Land Use Plan. Fire
protection for the property would be provided by the Orange
Grove Rural Fire District . Law enforcement protection would be
provided by the Orange County Sheriff ' s Department .
The property is known as part of Lot 8 of Tax Map 30B for
Bingham Township. The parcel contains 1 acre or 43 ,419 square
feet .
The area is characterized by the following uses : Triple C Auto
Parts - zoned NC-2 , Gulf Station - zoned NC-2 , Larry's
Alignment - zoned NC-2 , Ray' s Garage - zoned EC-5, Old School -
zoned NC-2 .
The property is designated as Agricultural-Residential and as
Rural Community Activity Node in the Orange County Land Use
Plan.
00077
The present zoning classification of the property is A-R
(Agricultural-Residential ) . The applicant is requesting the
lot be rezoned to NC-2 (Neighborhood Commercial-2 )
IMPACT: Approval of the request would allow for limited commercial
development use at this location . The property is presently
located in an area designated as Rural Community Transition
Activity Node in the Land Use Plan with property immediately to
the east and west zoned A-R.
RECOMMENDATION: The Planning Staff recommends approval of the general
rezoning request .
I
MATCH _��iNE/
SEE MAP 30A 62
I 0 0 078
(WEST BROOK ESTATES)\
R- 1c.
4.B8 4-
.0643
3
. \
12 1
1326 `
2.44 AC. 2 \ --
R-1 12F
•1 7A
�,, 4. 50 AC. i i e�
WHITE CROSS ` 1
489 l
\ A_R , .
13A \
\ - .86 AC.CA1 • 013
.53 AC. --2 5 ,' 1•82AC. 049E
�• f 2A 9 1 X7597 10.69 AC.0=1, ‘
--r ED4 287 1
zx •
�90 /
.5 ••. 1 J 0531 `?3 AC.CAI.. `
/-:.'
•
N _ �. 70/:.-
��. ��� ', .88. 17A N / .
0 VERNON P DAVIS
ia' I APPLICANT
VERNON P. DAVIS ®563b Z.IZac. ;,,
• '. 0 Ck=.3' :
•rAN 1 LU P : Rural Community Activity 9.44 AC. 965I .-`-.
AC. Node ,
1 2693 � ���
Current Zoning: A- R
E -°Pro osed Zoning : NC- 2 Q •
P I
5 AC. �
_R � Scale: 1" = 400' 3-
i , c. vifi
\C. /2� s r A-R ///
/•' O i
2; .5600 +\ i
/ cv
8.8Z AC. \ I.'r
\1
,.--- ,72 282 5 \\V, ii
ORANGE COUNTY PLANNING DEPARTMENT
HILLSBOROUGH U U 0 79
NORTH CAROLINA
27278
y 6::.q •r
_ fill .
41111..=:I
M EMORANDUM
TO: Orange. County Planning Board.
FROM: Eddie Kirk, Planner II
DATE: February 6, 1986
SUBJECT: Z-5-86 VERNON P. DAVIS (REZONING REQUEST)
GE BAL_1FEQBATIQN
APPLICANT: Vernon P. Davis
P.O. Box 2463
Chapel Hill , NC 25714
LOCATION: South side of NC Hwy. 54, East of the Gulf
Station/Store and west of Larry' s Alignment
Shop
STATUS OF APPLICANT: OWNER
REQUESTED ACTION: Rezone from A-R Agricultural-Residential
to NC-2 Neighborhood Commercial
PURPOSE: To allow a commercial establishment
LOT SIZE: 1.0 acre or 43 ,419 square feet
EXISTING LAND USE & ZONING: Vacant
SURROUNDING LAND AND ZONING:
North - Single family homes and R-1 District
South - Single family homes , Ray ' s Garage, EC-5
East - Larry' s Alignment Shop zoned NC-2 , Single
family homes and A-R District .
West - Gulf Station/Store, Antique Shop and NC-2
District
00080
ZONING HISTORY - VERNON DAVIS
12-2-83 Applicant applies for rezoning of 2.35 acres from AR to
NC-2 .
2-27-84 Public hearing held; hearing also held regarding Zoning
Ordinance amendment to allow motor vehicle sales in
NC-2 , GC-4 and EC-5 districts .
3-19-84 Planning Board fails to provide recommendation.
4-16-84 Planning Board fails to provide recommendation;
application goes forward to BOCC.
5-7-84 BOCC denies request ; approval of zoning would have
increased amount of land zoned NC-2 to 6.69 acres (5 .0
acre limit ) .
ORANGE COUNTY PiLANNING DEPARTMENT' 00081
fLLSBOROUGH
NORTH CAROLINA
27278
Cd1.116h.:
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM: EDDIE KIRK
DATE: FEBRUARY 10, 1986
SUBJECT: VERNON P. DAVIS REZONING DEVELOPMENT IMPACTS
Water supply and sewage disposal facilities will be
provided by means of an individual well or wells and an
individual septic tank. The Orange County Health Department
has completed an initial soil analysis on the property and
found it to be suitable; however , this analysis was for a
single family residence.
gaada IL I.iia
This property has 161.30 feet of frontage along N.C. 54
which is designated as an arterial in the Land Use Plan. The
North Carolina Department of Transportation has stated that
safe access is available to NC 54 from this lot .
The latest traffic count information is a 1984 NCDOT
traffic count . This information indicated a count of 6, 000
trips per day on NC 54 just east of the intersection of
Orange Grove Road (SR 1006) and NC 54.
A 2 , 000 square foot general restaurant on this site
would generate approximately 466 trips per day to be added to
NC 54. Since fast food restaurants are not allowed in the
NC-2 district , the general sit-down restaurant , the most
intensive traffic generator , was used to compute this figure.
466 trips per day would be considered above average for the
number of trips generated from a lot of this size.
The White Cross Volunteer Fire Department, Sheriff' s
Department and South Orange Rescue Squad- have all commented
00082
VERNON P. DAVIS IMPACTS PAGE 2
on police, fire and rescue services to be provided to this
site and have indicated their willingness to serve this lot
with no problems . (See letters dated January 17, 1986. )
awiQas h i p Beamin_Lang a...E.lAn_angl_Znning Or di nanst
The property is located within the Bingham-2 Rural
Community activity node and Agricultural Residential area in
the Land use Plan.
The Rural Community activity node designation
corresponds with a limited range of commercial districts
including Local Commercial-1 (LC-1) and Neighborhood
Commercial-2 (NC-2) ..
The Zoning Ordinance states that property to be
designated NC-2 must have direct access to a street
classified either as an arterial or collector in the Land Use
Plan. This property has direct frontage on NC-54.
Eraminta_Ean&
The purpose of the Neighborhood Commercial-II (NC-2)
District is to provide appropriately located and sized sites
for limited commercial uses designed to serve a population at
the neighborhood and rural level with convenience goods and
personal services. Rezoning of the site would allow for
development of the property. for those uses permitted by right
in the district .
In the NC-2 district uses permitted by right include:
- single family dwelling
- two family dwelling
-- day care, nursery, kindergarten
- family care home
- accessory uses
- botanical garden
- bus shelter
- church
- schools of music, dance and art
- water and sewer pump stations
- banks and financial institutions
- beauty parlours and barber shops
- laundry and dry cleaning services
- service station
- offices and personal services ( few customers or
clients , low traffic volumes , no adverse impacts
beyond space occupied by building)
- retail trade , sales and rental of convenience
goods , merchandise and equipment (few customers ,
low traffic volume , no outside storage and no
adverse impacts beyond space occupied by the
building)
iuUdj
VERNON P. DAVIS IMPACTS PAGE 3
- retail trade, sales and rental of durable goods ,
merchandise and equipment (few customers , low
traffic volume, no outside storage and no adverse
impacts beyond space occupied by the building)
- community center
- governmental protective services
- military installation
- parks
- parking
- governmental facilities
- social clubs
- greenhouses (with and without on-premises sales)
- recreational facilities (profit )
- library
- offices/personal services (few customers or
clients , medium traffic volumes , no adverse impacts
beyond space occupied by the lot)
- repair service (applicance and electronic)
- carry-out restaurant
- general restaurant
- retail trade ,sales and rental of convenience goods ,
merchandise and equipment (few customers , medium
traffic volumes, no outside storage and no adverse
impacts beyond space occupied by the lot )
- retail trade, sales and rental of durable goods ,
merchandise and equipment (few customers , medium
traffic volumes, no outside storage and no adverse
impacts beyond space occupied by the lot )
Uses permitted upon the issuance of a Class A Special
Use Permit include:
- public utility substations and stations
Uses permitted upon the isssuance of a Clas B Special
Use Permit include:
- portable buildings
- group care facility
- transmission lines
- non-profit recreational facilities
FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT
PERTAINING TO
APPLICATION; 2-4-86 (Rezoning Request) Vernon P. Davis
BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF
RECOMMENDS THAT THERE 15 EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING
ARTICLE 20 SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" indicates compliance; "No" Indicates Noncompliance
PLANNING STAFF PLANNING
FINDINGS BASED ON BOARD
SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS RECOMMENDED
Ordinance Requirements FINDINGS
The application must comply
wi th ai I requi cements speci-
fled in .Article 20 - Amend-
ments. Those requirements
include:
20. 32 a) Map showing affected X Yes No Site Plan provided at scale of Yes No
property at scale of not less 1"=100'
than 1 '= 100" nor more than 1 '=
20'
20. 3.2 b) Legal description of X Yes No Description provided with application Yes No
property
20. 3.2 c) Explanation of alleged X Yes No No error alleged Yes No
error, i f any, to be corrected by
proposed amendment
20. 3.2 d) Changed conditions , if X Yes No No changed conditions alleged Yes No
any , which make amendment reasona-
bly necessary to promote public
health , safety and general welfare.
20. 3.2 e) Manner in which proposed Yes No Property is located in a rural Yes No
amendment will carry out purpose community '_�D
and intent of adopted Comprehensive C
Plan, 00
ARTICLE 4 DISTRICT STATEMENT OF INTEREST AND APPLICATION CRITERIA
Ordinance Requirements
Article 4.2 identifies the criteria which
will normally be used to determine the
application of a zoning district designa-
tion. The applicant has applied for a
Neighborhood Commercial - II (NC-2)
designation. The criteria for that
district are set forth in Article 4.2.10
and are as follows:
1 . Located within areas designated by the X Yes No The property is located within a Rural Yes No
adopted Land Use Plan as either a Community Activity Node.
Commercial Activity node or Rural
Neighborhood or Rural Community Activity
Node.
2. Uses would serve a market area popula- X Yes No Any proposed use of property would serve Yes No
tion confined to the immediate area and the immediate area.
would generally not serve commuters or
persons outside the surrounding
neighborhood.
3. Lot size for individual uses shall be X Yes No The Health Department has approved a soil Yes No
appropriate to the method of water supply analysis on the property for a single family
and sewage disposal . residence, hdt a commercial use. Health Dept.
indicated verbally that sufficient land available.
4. Normally, the maximum amount of land X Yes No See attached acreage calculations. Yes No
zoned NC-2 at any node shall not exceed
nine acres, but a maximum of 5 acres
shall apply where population density is
lower and distributed more widely than
in the Transition areas.
5. All sites designated NC-2 shall have X Yes No NC 54 is designated as an arterial in the Yes No
direct access to a street classified Land Use Plan.
either as an arterial or collector as
designated by the adopted Land Use Plan.
Go
v
00086
VERNON DAVIS REZONING REQUEST
PROPERTIES ZONED FOR NC-2 CLASSIFICATION IN BH-2 NODE
Properties zoned NC-2 in the BH-2 Rural Community
Activity Node are as follows ;
Use Lot R/W Total
Larry' s Alignment 0.86 0.17 1. 03
Old School 1 .00 0 .24 1 .24
Triple "C" Auto 0.27 0 .26 0.53
Gulf Station 0 .88 0.45 1.33
TOTAL 3.01 1 .12 4.13
Approval of the rezoning ( 1.0 acres) would result
in 4.01 acres of property (excluding R/W) being designated NC-2 .
Including R/W, the total acreage would be 5. 13 acres .
TELEPHONE (919) 942-4436
DAVIS CONSTRUCTION COMPANY 0
0 S 7
general Construction &Ae1airs
POST Or IcE Box 2463
CHAPEL HILL, NORTH CAROLINA 27514
January 16, 1°.86
3oard of Commissioners
Crar e County, North Carolina
Dear Board "_embers :
Due to the rapid growth of rural Cranyo County and
the increasing need for more local businesses to serve
the rural. community, 1. wish to make application for a
zoning char_ .e for the nroperty located near , o-rd' s
Grocer-. It is in a rural community business node which
allows a zoning: chanme to NO2 and total carry cut the
intent of the adopted land use tl.an.
I would li'ye to put a small family st:-le restaurant
on the property. I feel it would benefit the community
as well as the .surrounding property which is already zoned
T:7ani7in7 7ou for your prompt action on this
S inc ere17,
Vernon Davis
n. / I 1 r_ rT 1
ORANGE COUNTY, NORTH CAROLINA 00088
APPLICATION FOR CHANGE OF ZONING DISTRICT
Date :
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas of
Orange County as hereinafter requested .
NG•
1 . The property is Located on the .600TW side of a-A-# 54
I Street/Road) and
E A4 4I DS .8-:41-, AlatewG►U re • It is rknown a p Lot (s)Township . , I Block a frontage
of
f
Orange County Tax Map l? g
of +Col -feet and a depth of , Z1O feet ; and contains
�.-- square feet or 1.0 acre,.
2. It is desire d requested that the foregoing property be rezoned
from �. . to NG_ 2
• 3.- The -.folLoming- information has been -attached - in of the
application for changing the Zoning Atlas (* - required on all
applications) .
,21,a. A fully dimensioned map ata scale of not lass then one (1] inch
equals one—hundred (1001 feet nor more than one (1] inch equate
. .,twenty t'20i -feet--showing--the Lend which is propoeed to be
rezoned.
*b. A legal description of the Land proposed to be rezoned.
*c. A statement of justification addressing one or more of the
following:
(1] The alleged error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a detailed
explanation of such error in the Zoning Atlas and detailed
reasons how the proposed amendment will correct the error.
(21 The changed or changing conditions, if any, in the area or
in the County generally, which make the proposed amendment
reasonably necessary to the promotion of the public health,
safety end general welfare.
*(31 The manner in which the proposed amendment will carry out
the intent and purpose of the adopted Land Use Plan or part
thereof.
*(441 ALL other circumstances, factors and reasons which the
applicant offers in support of the proposed amendment
including, but not Limited to, documentation from service
agencies (e.g. fire, police, rescue and utilities agencies]
assuring services provision capability to the development.
d. A List of ell individuals, firms or corporations owning property
adjoining or within five hundred (5001 feet of the property
sought for ;rezoning is attached. The List is current as of
l/%
(OeteY
. I certify that all information furnished in this application is accurate
to the hest of my knowledge .
•
Applicants)
Addr.ess : -
Phone : -
)0089
FREEHOLD LAND SURVEYS, INC.
Post Office Box 188
403 Weaver Street
Carrboro,North Carolina 27510
Office Phone
929-8090
LEGAL DESCRIPTION:
Beginning at a point in the southern right-of-way
of N.C. Hwy. 54 and the eastern line of Vernon Dr.
(a private road) ; thence with the southern right-
of-way of N.C. Hwy. 54 in an easterly direction
with a circular curve to the left, having a radius
of 3879.72 ' for an arc distance of 161.30' to a
point; thence S 02° 42 ' 29" E 267.40 ' to a point
in the line of Lot 2, Vernon P. Davis S/D; thence
with the line of Lot 2 S 83° 19' 23" w 161.30'
to a point in the eastern right-of-way of Vernon
Dr. ; thence with the line of Vernon Dr. N 02° 45' W
270.96' to the point and place of beginning,
containing 1.0 Acre, more or less.
LIST OF PROPERTY OWNERS WITHIN 500'
Property Owner Address Map # Block #
Paul Cheek, Jr. 210 Cottage Lane 30B 7
Chapel Hill, NC
Mildred Cox 209 Cottage Lane 30B 12
Chapel Hill, NC
June Cheek Shipp 775 1st. St. 30B 13
Merritt Is. ND
Everett Blackwood Rt. 4, Box 208 30 8 & 9
Chapel Hill, NC
Lois A. Pritchett 2127 Westover Tr. 30 20
Burlington, NC
Vernon Davis P.O. Box 2463 30 78
Chapel Hill, NC
300 W. Tryon Street 'II V 0 9
rahge county
Hillsborough, N.C. 27278
732-8181
732-9361 ext. 305
44 HEALTH DEPARTMENT Hill line 967 9251
968-4501
Mebane line 227-2032
Durham line 688-7333
688-7331
Carr Mill Mall, Suite 225
100 N. Greensboro Street
Carrboro, N.C. 27510
942-4168
Jerry Robinson, M.P.A.
Director
January 1.6, 1986
Vernon Davis
P. 0. Box 2463
Chapel Hill, N.C. 27514
Dear Mr. Davis:
A soil analysis was conducted on your property in Bingham Township
Tax Map 30B, Lot 1 on November 17, 1983. The soil was found to be usable
for septic tank systems and a permit can be issued when all property lines
are established.
Sincerely,
Vernon P. Burns, R.S.
Environmental Health Section
ORANGE COTJ T'rY FLA.NINING DEPARTMENT
BiLLSBOROUGfi
NORTH CAROLINA
27278
4 sork
•
January 31 , 1986 -
Tony Laws
Orange County Health Dept .
Carr Mill Mall
Ca r rbo ro tl NC 27510
Dear Tony :
These two rezoning requests have been submitted to us.
Vernon P . Davis is requesting a rezoning from
Agricultural—Residential to Neighborhood Commercial-2 for a
one acre lot on N .C . 54. A location map and a List of all
uses permitted in the NC-2 district is attached .
Allen and Doris Turner are requesting a rezoning for
14.97 acres of' Land at the southwest intersection of 1-85 and
U .S . 70 . This rezoning is from Rural—Residential (R-1 ] to
General Commercial-4 (GC-4] . A location map and List of all
uses permitted in the GC-4 district is attached .
The applicants have submitted approval from your office
on each of these parcels . This information does not address
the capacity of the soil to handle further wastewater or
provide additional well sites if needed in the future for the
development of one or more of the uses permitted by right in
their districts .
P lease provide further comment which addresses thi s
matter so that additional guidance can be provided to the
Board of Commissioners in their Deliberation on these
requests .
Sincerely ,
ACC i
Eddie Kirk
Planner
srArt 00093
puM
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES G. MARTIN Greensboro, NC 27429-0278
GOVERNOR February 6, 1986
DIVISION OF HIGHWAYS
JAMES E. HARRINGTO.N
SECRETARY
Mr. Eddie Kirk, Planner
Orange County Planning Department
Hillsborough, NC 27278
Dear Mr. Kirk:
This is in reference to a rezoning request by Vernon P. Davis
on NC 54 about 375 feet east of SR 1952.
Safe access is available to NC 54 from this lot.
If we can be of any further help, please advise.
Sincerely,
, : j, W. Watkins
DIVISION ENGINEER
JWW/DBK/gm
cc: Mr. D. B. Kelly
An Fniial(lnnnrtunity/Affirmative Action Employer
JNDY PENDERGRASS 00094
whi' idisi, itio, Norm Lroinci,
• „... . .
("p!,. e Hilkborough 712-2431
Chapel Hill 942-63(c
-•:ence Phone: 929-55i r;
TH: Liranpe County Planning Board
FROM; ,Jheriff
Law Enforcement Services for proposed rezoning of property Highway 54
and White Cross Road, for 30 seat capacity family resturant.
•
DATE : January 17, _1986
Hr the fiscal year 1985,. the Orange Minty Sheriff's Department respoftded to 219
• service calls in the proposed rezon-ing area. Total man hours (219: g67L',,- 164.25) .
Ten of these calls were directed to Lloyes Grocery, next door to t00,1rOposed reZoning.
The calls required 131_25 man hours by investigators investigatin084Eat the Lloyd's
Grocery and Buisness checks. The new buttness wilirequire 91.25-miq;:holirs per year,
-r'ør business checks.
The new business will not have a tremendous impact on our services ih. the' area. I am
told they will be open from-.6:00 am to 10:00 pm, and:.-011 not serve•iicobol. We can
provide services without additional personnel or equipment.
•
•
SOUTH ORANGE RESCUE SQUAD
00095
P.0.Box A
Carrboro,N.C.27510
January 17, 1986
Mr. Vernon Davis
Davis Construction Company
P. O. Box 2463
Chapel Hill , N. C. 27514
Dear Mr. Davis:
In response to your letter of January. 16, 1986, regarding
rescue service for the property on Highway 54, between Larry' s
Alignment and Lloyd's Grocery, The South Orange Rescue Squad
will continue to provide service for this area.
Should you need any further information, please do not
hesitate to call us.
Sincerely,
SOUTH ORANGE RESCUE SQUAD
—,6-7 j ,ce
Mr. Raymond deFriess, Chief
RdF:js
00096
TO WHOM IT MAY CONCERN:
This is to verify that the property on Hwy. 54, five miles
West of Chapel Hill between Larry's Alignment and Lloyd's
Grocery, owned by Vernon Davis, will be covered by the White
Cross Volunteer Fire Department.
Wayne Wiles
Chairman of the Board
White Cross Volunteer Fire
Department
I) 0 0 9 7
1I CEMJIE11
•
A / Lr -777
L cC—r_Lew
,I
eb.
f cz--
e7/17,2,
•
7 ' 71) 6(c.4
1-.' •pc e
7.)
At. 17/ 14
LC-131 C .
C., -74(. r ( • (4— ".
1/4
/f ) — tA-2—
irr
•
0\4
.;(4•12L4-- '
j
- .
/47fr 441.4114440:
ORANGE. COTJNTY PLANNING DEPARTMENT 00098
HILLSBOROUGH
NORTH CAROLINA
27278
F'
d �I41
w I
•
'ro gets
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENTS
ORANGE COUNTY, NORTH CAROLINA
I ,EDDIE_KIEK, Zoning Officer, Orange County, North Carolina,
DO HEREBY CERTIFY that on or about February 7, 1986 , I
mailed, by certified mail , postage prepaid, a Notice of the
Public Hearing to be held on the Zgwla.n aQgg, i_izam A t o
1_12r_a_.1 tg-19.x., ownes1-121 veLIIQ.n_k a.Yia_lQnai QII_. .h=
.t b__lidl_ _ _4_.in_Bingh _Tottnahig to each property
owner as required by Article 20 Section 20. 6.3 of the Orange
County Zoning Ordinance .
The notice mailed specified the date, time, place and subject
of the Public Hearing on the zoning classification change.
WITNESS my hand, this the 711 day of Fnhruar , 1986 .
fcaL i°u _
EDD I E KIRK __N--_ —
ZONING OFFICER
00099
IIARRISS, EMBREE. & MARION
ATTORNEYS AT LAW 00100
WILLIAM G.HARRISS Telephone Suite 210
KENNETH R.EMBREE (919)498,8421 Duke Forest Place
JOSEPH W.MARION 8826 Chapel Hill Boulevard
Post Office Box 8867
Durham,North Carolina 27707
February 17, 1986
Mr. Eddie Kirk
Orange County Planning Dept.
Hillsborough, NC 27278
Dear Eddie:
We are herewith withdrawing the application of Allen and Doris Turner for a
zone change on property which they own on the south side of Highway 70.
We intend to re-submit as a planned development shortly.
Thank you for your cooperation.
Sincerely yours,
HARRISS, EMBREE & MARION
if
AA 101
Kenneth R. Embree
KRE/j d
00101
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : February 24, 1986
Action Agenda
Item # F5-5
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS
***************************************************************************
DEPARTMENT: PLANNING PUELIC HEARING:XYes_No
***************************************************************************
ATTACHMENTS:Proposed Text Amendments CONTACT: Marvin Collins
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 967-9251
Durham 688-7331
Mebane 227-2031
***************************************************************************
PURPOSE: To receive public comment on proposed text
amendments to the Zoning Ordinance.
NEED: Concerns have been identified by the Board of
Commissioners , Planning Board and Planning Staff
concerning mobile home standards , the
relationship of the Zoning Ordinance to the new
massage business ordinance, Planning Board
tenure, the Land Use Intensity System,
assembly/packaging operations and review periods
for text amendments. The attached amendment
proposals address these concerns . Issue
statements precede each amendment .
IMPACT: The proposed text amendments , if approved, would
clarify and improve the administration of the
Zoning Ordinance.
RECOMMENDATION: Approval of amendments .
00102
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: Zoning Ordinance
REFERENCE: Article 20 .3 — Procedure For Submission And
Consideration Of Applications For Amendment
Article 20 .4 -- Referral Of Amendment Application To
Planning Board
ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public
Other: Ordinance Review Subcommittee
STAFF PRIORITY RECOMMENDATION :_x_High Middle Low
COMMENT : By unanimous consent of
Ordinance Review Subcommittee
EXPECTED PUBLIC HEARING DATE: February 24, 1985
**********s********ew*esse******
PURPOSE OF AMENDMENT : To provide distinction between procedures
for considering applications for amendment of Zoning Atlas and
applications for amendment of Zoning Ordinance .
ISSUES/IMPACTS : No change in procedures for amending the Zoning
Atlas would result . Procedural changes would occur for
amendments to the Zoning Ordinance text . No time Limits would be
placed on the Planning Department and Planning Board for
consideration of a proposed Zoning Ordinance text amendment prior
to a public hearing . This would allow adequate time for
consideration of a proposed text amendment within the framework
of the Planning Department 's work program .
EXISTING ORDINANCE PROVISION(S) : Both text and atlas amendments
are treated in the same manner when submitted by a citizen . Such
applications are scheduled for the next regular public hearing ,
subject to Board of Commissioner approval of the advertisement .
The Zoning Officer must make an analysis of the application
within 30 days and submit a recommendation to the Planning Board
and Board of Commissioners . The application must be submitted to
the Planning Board at its first regular meeting after the
expiration of the 30—day period . (See attached Articles 20 .3 and
20 .4 — Existing Provisions) .
PROPOSED AMENDMENT(S) : The proposed amendment would retain the
same time limits for atlas amendments proposed by citizens . No
such time limits would apply to proposed text amendments
submitted by citizens . Such amendments often require
considerable study and the imposition of a 30—day review period
does not allow adequate consideration by the Planning Department
and Planning Board . Such amendments are also disruptive of the
work program unless incorporated therein . The elimination of the
30—day time period within which the Zoning Officer must prepare a
recommendation would result in well thought out proposals which
00103
focus directly on the issues . (See attached Articles 20 .3 and
20 .4 — Proposed Provisions) .
ORDINANCE REVIEW SUBCOMMITTEE; January 23 , 1986
PLANNING BOARD REVIEW; JANUARY 27, 1986
BOCC REVIEW: FEBRUARY 3, 1986
EXISTING PROVISIONS
ARTICLE 20. AMENDMENTS 0 0 1 0 4
20.1 Statement Of Intent
For the purpose of establishing and maintaining sound, stable and
desirable development within Orange County this ordinance shall
not be amended except to correct a manifest error in the ordinance
or, because of changed or changing conditions in a particular area
or in the county generally, or to extend the boundary of an exist-
ing zoning district, or to rezone an area either to a different
zoning district or to a corresponding Planned Development district,
. or to change the regulations and restrictions thereof. These
amendments shall be reasonably necessary to promote the public
health, safety, and general welfare and to achieve the purposes
of the adopted comprehensive plan or part thereof.
20.2 Amendment Initiation
Subject to the limitations of the foregoing Statement of Intent,
an amendment to this ordinance may be initiated by:
a) The Board of County Commissioners on its own motion;
b) The Planning Board;
c) Application, by any person or ageny
20.3 Procedure For Submission And Consideration Of Applications For
Amendment
20.3.1 Application Submitted To Zoning. Officer
All applications for amendments to this ordinance shall be in
writing, signed and filed, two copies with the Zoning Officer and
one copy with the County Manager for presentation to the Board of
County Commissioners. (For Planned Development amendments see
Article 7; for Special Use Permits see Article 8) .
The Zoning Officer shall, before accepting any amendment appli-
cation, ensure that it contains all required information, as speci-
fied, in this ordinance. Applications which are not complete, or
otherwise do not comply with the provisions of this ordinance, shall
not be accepted by the Zoning Officer, but shall be returned to the
applicant, with a notation by the Zoning Officer of the deficiencies
in the application.
20.3.2 Contents Of Application
All applications for amendments to this ordinance without limiting
the right to file additional material, shall contain at least the
following:
a) If the proposed amendment would require a change in the Zoning
Atlas, a fully dimensioned map at a scale of mot less than one
hundred feet to the inch nor more than twenty feet to the inch
showing the land which would be covered by the proposed amendment:
0105
b) A. legal description of such land. 0
c) The alleged error in this ordinance, if any, which would be
corrected by the proposed amendment with a detailed explanation
of such error in the ordinance and detailed reasons how the proposed
amendment will correct same.
d) The changed or changing conditions, if any, in the area or
in the County generally, which make the proposed amendment
reasonably necessary to the promotion of the public health, safety,
and general welfare.
e) The manner in which the proposed amendment will carry out the in-
tent and purpose of the adopted Comprehensive Plan or part thereof.
f) All other circumstances, factors and reasons which applicant
offers in support of the proposed amendment.
20.3.3 Zoning Officer Prepares Analysis And Recommendations
The Zoning Officer, shall within 30 days of the receipt of the
application, cause an analysis to be made of the application and,
based upon that analysis, prepare a recommendation for consideration
by the Planning Board and the Board of County Commissioners.
The thirty day period may be extended with the written consent of
the applicant, up to a maximum of sixty days.
20.4 Referral Of Amendment Application to Planning Board
The Zoning Officer shall submit the amendment application to the
Planning Board at the first regular meeting after the expira-
tion of the thirty day period specified in 20.3.3 or any extension
thereof.
20.5 The Board_of County Commissioners And The Planning Board Shall
Hold A Public Hearing
The Board of County Commissioners and the Planning Board shall
hear applications for amendments to this ordinance in a Public
Hearing at the County Commissioners last regular meeting in
August, November, February and May.
20.6 Public Hearing and Notice Thereof
20.6.1 A public hearing shall be held by the Board of County Commissioners
before adoption of any proposed amendment to this ordinance.
Notice of the public hearing shall be given by publishing said
notice at least twice in a. newspaper of general circulation in the
County, stating the time and place of such hearing and the substance
20-2
00106
PROPOSED PROVISIONS
ARTICLE 20 . AMENDMENTS
20 .3 Procedure For Submission And Consideration Of
Applications For Amendment
20 .3 .1 . Application Submitted To Zoning Officer
NO CHANGE RECOMMENDED
20 .3 .2 Contents Of Application
Applications for amendments to the Zoning Atlas and/or
Zoning Ordinance text , without Limiting the right to
file additional material , shall contain at Least the
following:
a) For amendments to the Zoning Atlas , a fully
dimensioned map at a scale of not less than one
hundred feet to the inch nor more than twenty feet to
the inch showing the land which would be covered by
the proposed Zoning Atlas amendment , and a Legal,
description of the land ;
b) For amendments to the Zoning Ordinance text ,
a copy of the existing text provision ( s) which the
applicant proposes for amendment , and a written
statement which describes in detail changes which the
applicant proposes to make to the text of the Zoning
Ordinance ;
c) The alleged error in the Zoning Atlas and/or
Zoning Ordinance text which would be corrected by the
proposed amendment with a detailed explanation of
such error in the Zoning Atlas and/or Zoning
Ordinance text and detailed reasons how the proposed
amendment will correct same ;
d) The changed or changing conditions , if any , in
the area or in the County generally , which makes the
proposed Zoning Atlas and/or Zoning Ordinance text
amendment reasonably necessary to the promotion of
the public health , safety and general welfare ;
e) The manner in which the proposed Zoning Atlas
and/or Zoning Ordinance text amendment will carry out
the intent and purpose of the adopted Comprehensive
Plan or part thereof; and
f] ALL other circumstances , factors and reasons which.
the applicant.. offers in support of the. proposed
Zoning. Atlas and/or Zoning Ordinance text amendment .
001 0 7
20 .3 .3 Zoning Officer Prepares Analysis And Recommendation
The Zoning Officer shall , within 30 days of the receipt
of an application to amend the Zoning Atlas , cause an
analysis to be made of the application and , based upon
that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of
County Commissioners . The 30—day period may be extended
with the written consent of the applicant , up to a
maximum of 60 days . The 30—day provision shell not
apply to applications for amendment to the Zoning
Ordinance text .
20 .4 Referral Of Amendment Application To Planning Board
The Zoning Officer shall submit any application for
amendment to the Zoning Atlas to the Planning Board at
the first regular meeting after the expiration of the
30—day period specified in 20 .3 .3 or any extension
thereof. This provision shall not apply to any
application for amendment to the Zoning Ordinance text .
00108
DRAFT AMENDMENTS
ISSUE STATEMENT :
On November 4, 1985 the Board of County Commissioners
approved an Ordinance to Provide for the Control of Massage
and Massage Establishments . The following amendments would
provide for consistency in the provisions of the Orange
County Zoning Ordinance and the massage ordinance .
DRAFT AMENDMENTS- TO ARTICLE 22 DEFINITIONS
REVISE Adult Uses . An establishment which has a
substantial or significant portion of its stock in
trade in books, magazines or other periodicals and
which excludes minors by reason of age .
to read
Adult Uses . An establishment which has a majority
of its business which excludes minors by reason of
age because of the sexually explicit nature of the
material . Such establishments include , but are not
limited to , adult bookstores , adult theaters
(drive—in , picture and mini —picture) , adult cabaret
etc .
DELETE "adult bookstore" , "adult picture theater" , "adult
mini —picture theater" , "adult cabaret" and "adult
massage parlour"
ADD Health Services . Establishments of licensed
practioners , or licensed persons independently
practicing a profession , primarily engaged in
rendering medical , surgical and other health
related and allied personal care services in the
health field ( e .g . physicians , physical
therapists) .
Massage . The manipulation of body muscle or tissue
by rubbing , stroking , kneading , or tapping , applied
by hand , arm , foot or mechanical device.
Massage Business . Any establishment or business
wherein massage is practiced , including
establishments commonly known as health clubs ,
physical culture studios , massage studios and
massage parlours .
Massage , Business Of . The massage or treatment of
00109
any person for a fee or in expectation of a
gratuity from the person massaged .
Massage , Profession Of. See "massage , business
of" .
Massage Practitioner . Any person engaged in the
business or profession of massage .
Personal Services . An establishment engaged in
providing services generally involving the care of
the person (e .g . hairdresser , tailor) .
DRAFT AMENDMENTS TO ARTICLE 5 PERMITTED USE TABLE
ADD Massage Business as a permitted use in the
Community Commercial —III (CC-3) and General
Commercial—IV (GC-4) zoning districts
DRAFT AMENDMENTS TO ARTICLE 6 TABLE DIMENSIONAL
REQUIREMENTS
ADD Massage Business as Permitted Use in Community
Commercial—III and General Commercial—IV Districts
A massage business , in compliance with the Ordinan-
ce for the Control - of Massage and Massage
Establishments , may be established as a use by
right subject to the conditions listed below:
a . the submittal of construction plans
for all existing and proposed buildings
housing the massage business . The
construction plans shall include floor plans
and cross—sections showing the proposed use of
all portions of such buildings .
b . for existing buildings , certification by the
Orange County Building Inspector that the
structure( s) complies with the North Carolina
Building Code and all related construction
codes .
00110
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE: ZONING ORDINANCE
REFERENCE: ARTICLE 6 SECTION 6 .21 MOBILE HOME STANDARDS
ARTICLE 8 SECTION 8 .8 .26 PD—MPH PLANNED
DEVELOPMENT—MOBILE HOME PARK DISTRICT1 Article 22
DEFINITIONS
ORIGIN OF AMENDMENT: STAFF PLANNING BD . BOCC
PUBLIC OTHER X STAFF
STAFF PRIORITY RECOMMENDATION : X_HIGH MIDDLE LOW
COMMENT: PREPARED IM RESPONSE TO CONCERNS RAISED BY BOARDS
AND PUBLIC REGARDING MOBILE HOMES PARTICULARLY
NOJ TT,P, 'Hem PARKS
EXPECTED PUBLIC HEARING DATE: FEBRUARY 24, 1986
**********************
PURPOSE OF AMENDMENT : To establish design standards for
individual mobile homes and mobile
home parks .
ISSUES/IMPACTS : The proposed amendments seek to address
design , locationaL and aesthetic concerns
related to both individual mobile home units
and mobile home parks . The proposals raise
such issues and potential impacts as the
scale and design of mobile home parks ;
differentation in standards for individual
units on R-1 and A—R districts ; the
financial impacts on mobile home unit
owners ; the designation of existing mobile
homes as non—conforming ; the role of mobile
homes in the housing market ; the impact of
the mobile home housing sector in the County
tax base; housing needs in Orange County ;
and ordinance enforcement needs and
activities .
EXISTING ORDINANCE PROVISIONIS] :
The current ordinance provisions simply address the
conformity of existing and new mobile home parks .
PROPOSED AMENDMENTIS] :
The proposed amendments would establish unit design
standards for individual mobile homes on individual
Lots and Landscaping , screening , spacing and unit
design standards for mobile home parks ..
Proposed amendments to Articles 6 and 22 are
underlined or are referenced as. "New Section " .
Proposed amendments to Article 8 are new sections .
00111
ORDINANCE REVIEW COMMITTEE: DATE JANUARY 15, 1986
DATE JANUARY 23 , 1986
PLANNING BOARD (PRELIMINARY REVIEW) DATE 1-27.416
BOCC (ADVERTISEMENT) : DATE 2-3--86
00112
ARTICLE 6 APPLICATION OF DIMENSIONAL REQUIREMENTS
EXISTING ORDINANCE:
6. 7 Accessory Structures in Residential Districts
Accessory structures shall not be erected in
any required front open space and shall also
conform to all other regulations in the zoning
ordinance.
6. 7.1 An attached private garage, or carport , not
exceeding twelve feet in height , may occupy a
portion of the required side open space ,
provided that this does not result in a
required side open space of less than seven
percent of the lot width, nor a total , when
combined with the required side open space of
the lot immediately adjacent , of less than
eight feet .
PROPOSED AMENDMENT:
Amend Section 6 . 7 to include:
6. 7.2 Mobile homes, as accessory structures to
residential uses, is prohibited.
1) 011 ')
Amend Section 6 .21 to entitle as "Mobile Home Standards" and
read as follows :
6.21 MQhila mg_Ela ngatd,
6 .21. 1 E.xis ling-.stL_Naw_Maki].a_Hawa_Eazka
a) Existing mobile home parks that do not meet the
standards set forth in Artiniei_14.1_and_1 shall be
considered non-conforming. Such parks shall not
expand in any way, pgyond the existing developed
portions , but shall be allowed to remove and
replace units existing within the existing park at
the time of adoption of this section. Qnlg_lhg
matil a_bong_aga aa_sha ll_bg_gar miiied_azaYisiasl__lha
t o t a l aumbIIL_Qf_._.]dIIiIa_.gIIa_n4.$_IIxaaid__ .ha_Il3lmbar
axis t i ng— -__1h _..lim�,.�h��lhg__mQl�iln__hQmg_1�nLk
hggamg—aszn_mQnis 1-ming4—ans1 atsuislesL. 111_lhal_lhe.
prop e L1XA. ans_j2.1_1hal__ihs_s _hn_imataxed__in
aslingnag, Removal and replacement of aus<h units
shall not be considered expansion of the non
conforming use.
b) New mobile home parks or portions of existing
mobile home parks that have been previously
approved, but have not ganliLldglEd substantial
improvements or do not have sewage disposal systems
installed on the date of adoption of this section
shall meet all_gulin$blg_s la.nsi rsia_IQL`nett mQkila
boos_gatk .__aa__aal_i2r11_in_Atiigia_4_1_and_i_nnd
a`IIX__sZlhgt___S.IaIIS�p,Ld.�....Lg$3d1.C€S�_.�QL__�.hg`�.ZQII]IIP
slis�.rigl`ig_�rhigh_il—is�s�als3sl�
c) Substantial improvements shall include, but not be
limited to, sewage disposal systems , water systems ,
roads , parking areas , LeaLeiliQIIa:I__iagililigs and
mobile home pads .
6. 21 .2 Mabill_ amaa_Qn._.I.nsiimisillaLieIIll (NEW SECTION)
a) Mobile homes, as principal residential buildings on
individual lots , in existence at the time of the
adoption of this section may be improved by
replacement of the mobile home with another mobile
home (See Subsection 11 . 9 of the Zoning Ordinance
on replacement of individual mobile homes ) . The
number of mobile home units may not be increased
beyond the number in existence before replacement .
The replacement mobile home must not create
nonconforming yards or setbacks . Replacement
mobile home units on individual lots are not
00114
AMEND SECTION 6. 21 PAGE 2
required to meet lot area and dimensional or lot
coverage standards , but must meet setback
requirements as well as those requirements
specified in Subsections 6. 21 .2 d) or e) , depending
upon the zoning district .
b) Individual mobile homes may be erected on any lot
where the use is permitted, provided compliance is
made with the zoning requirements of the zoning
district and all other applicable regulations .
These zoning requirements include, but are not
limited to: lot area and dimension; front , rear ,
and sideyard setbacks ; and lot coverage.
c) Individual tracts of land may be created for the
purpose of erecting a mobile home provided all
requirements of the Orange County Subdivision
Regulations , Orange County Zoning Ordinance, and
any other land development standards are met .
d) In the event either of the aforementioned instances
occur , the following criteria must be met in the
R-1 District :
1) The mobile home must be placed on a permanent
support system (See definition of " support
system," Article 22 of this Ordinance) .
2) Mobile homes on permanent support systems shall
comply with the following design standards :
a. The roof shall have sloping lines with eaves ,
such as gable, mansard, and shed style roofs .
b. The roofing material shall include, but not be
limited to, shake , tile , composition shingle , or
other commonly used materials.
c. The mobile home must be skirted.
3) If existing vegetation does not screen the
mobile home from an adjacent right-of-way, a
Class "A" screen (See Article 12 of the Zoning
Ordinance) is required to screen the mobile home
from the road. This screen must be in place at
the time of the final inspection. If the
screening technique is chosen by the citizen,
then 2) a. and b. above do not apply.
e) In the event either of the aforementioned instances
(Section 6. 21 .2 a, b , c) occur , the following
criteria must be met in the A-R district :
0 0 115
AMEND SECTION 6.21 PAGE 3
1) The mobile home must be underskirted.
2) The home may be placed on a permanent support
system, if desired. If a solid concrete or
masonry perimeter foundation is used, the
exterior covering material shall not extend
below the top of the foundation.
3) If existing vegetation does not screen the
mobile home from an adjacent right-of-way, a
Class "A" screen (See Article 12 of this
Ordinance) is required to screen the mobile home
from the road. This screen must be in place at
the time of the final inspection. If the
screening technique is chosen by the citizen,
then e)1) above does not apply.
6. 21.3 Excel ionl
The installation of a temporary mobile home (See
Subsections 4.3--H12 and H12a of this Ordinance) is
exempt from Subsections 6.21 . 2d) and e) .
Underskirting is required and the mobile home must
be connected to the required utilities , which
include the plumbing, - heating, air conditioning,
and electrical systems contained therein. The
Orange County Health Department shall determine
what type of sewage disposal system is appropriate.
00116
Amend Article 7. 2.1 to include "PD-MHP" (NEW SECTION)
Amend Section 7 to include 7. 20:
7 .20 pD, _ET—aNNEI nEYELQEME] -MO.LLE_HQLE_EABILDIETR3.CT
The following regulations and requirements apply to PD-MHP Planned
Development-Mobile Home Park districts .
7. 2 0.1 P.ILLWik_Dii Itig . ...It€i1II _illiani4._YhIZI_P€rm j. ild
PD-MHP districts may hereafter be established in accordance with the
general procedures and requirements set forth in Sections 7.4 through
7.9, and with intensities and in locations in accordance with the
Comprehensive Plan, the Zoning Atlas , and the standards set forth
herein.
The purpose of this district is to provide for the development of
properly located and planned facilities for mobile home parks.
Adequate housing is fundamental to the welfare of County residents ;
however , conventional housing is not consistently affordable to, nor
appropriate for , all members of the general public . Where properly
regulated and located, mobile home parks address the public need for
alternative housing and achieve a satisfactory relationship to adjoin-
ing and nearby property.
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties ,
thus ensuring the continued conservation of building values and
encouraging the most appropriate use of land in the County.
Therefore , when evaluating an application for this district , emphasis
is given to the location of a proposed mobile home district , the
relationship of the site and site development plan to adjoining
property, and the development itself.
7.20 .2 Minimum_and_Maximnm—Ataa ReQuit€d_Lar_EliatzlishmanL_Qi_Diaitici
The minimum area of any site to be developed as a mobile home park
shall be ten (10) contiguous acres and the maximum area shall be
twenty-five (25) contiguous acres , including rights-of-way and utility
easements . (See definition of "mobile home park , " Article 22 of this
ordinance) .
7.2 0 .3 EQtmii .ad_EtinaiRal 1/aQa_ansl_aLtUI.tute1
Permitted principal uses and structures , as well as accessory uses and
structures within the mobile home park district are listed below.
a. Mobile homes, as defined in Article 22 of this ordinance.
b. Caretaker ' s or manager ' s home or office.
001.17
AMEND ARTICLE 7 PAGE 2
c. Service buildings and areas necessary to provide washing and
drying machines for domestic laundry, sanitation, rest rooms ,
storage , vending machines , and other similar services provided by
the facility for the use and convenience of the mobile home park
tenants.
d. Recreation buildings/facilities and areas serving only the mobile
home park in which they are located.
e. Customary accessory buildings and facilities necessary for
operation of the mobile home park in which they are located.
f. Storage buildings (no longer than 12 feet by 12 feet in base, and
10 feet in height ) for individual mobile home spaces .
g. Fenced, communal storage areas provided by the park operator for
boats , campers , and other accessory vehicles belonging to park
residents .
h. Sales of mobile homes to be located within the district are
permitted only for mobile homes which are already located on
approved and established mobile home lots or spaces.
7.2 0.4 Daxal a umanI_BgsmiLama n ia_Lszt_Mszizil1_112zma_auka
a) Mobile home space requirements are specified below.
1 . A mobile home park shall be divided into mobile home spaces , with
the limits of each space clearly established on the ground by
permanent stakes. The minimum area of a space shall be ten
thousand (10, 000) square feet per living unit ; provided, however
that the Orange County Health Department may increase the minimum
area requirement for the park and/or individual spaces where
necessary to be consistent with groundwater resources and/or
limitations of sewage disposal systems . (See definition of
"mobile home space, " Article 22 of this ordinance. ) The space
shall be of sufficient size to meet minimum dimensional , area and
separation requirements for the anticipated size and character of
the mobile home and any additions to be placed on the space. (See
8. 8.26.4.4d of this section for separation requirements . )
2 . The location of the mobile home spaces on the ground shall be
approximately the same as those shown on the approved plans. The
degree of accuracy obtainable by working with a scale on the plan
and then a tape on the ground is acceptable. Precise engineering
or surveying of space limits is not required either on the plans
or on the ground.
3. Only one (1) mobile home may be erected on any mobile home space
at one time.
1) 0118
AMEND ARTICLE 7 PAGE 3
4. Each mobile home must be placed on a permanent stand or pad built
to the specifications listed below.
a. Each stand must comply with those standards specified in the
Magujgx._ Rolling,". The remaining area of the stand ( that
area of the stand which extends beyond the area on which the
unit has been placed) must have a base of at least three
inches of compacted crushed stone, gravel , or paved slab.
b. The location of each mobile home stand must be at an
elevation, distance and angle in relation to the adjacent
access drive so that placement and removal of the mobile
home is practical by means of customary moving equipment .
c. The surface of each mobile home stand or pad and the area
around it shall be graded where necessary for proper
drainage.
d. The following separation requirements shall pertain to every
mobile home, single wide or double wide, within the park:
•
1) Minimum Depth of Front Yard*
Twenty-five (25) feet measured from the street right-of-
way line.*
2) Minimum Width of Side Yard*
Ten (10) feet .
3) Minimum Depth of Rear Yard*
Ten (10) feet .
* The term "yard" in this context is used to describe the
placement of the mobile home within the mobile home
space and is not a "setback" requirement as defined in
Article 22 of the Zoning Ordinance .
e. No mobile home stand may be located with direct access to a
public street .
f. An attached structure such as an awning, cabana, storage
building, carport , windbreak , or porch which has a floor
area larger than 25 square feet and is roofed will be
considered to be part of the mobile home stand for purposes
of determining separation requirements .
5. Each mobile home must have a permanent patio located adjacent to
or attached to the mobile home stand. The patio must be built to
the standards below.,
00119
AMEND ARTICLE 7 PAGE 4
a. Each patio must be at least one hundred eighty (180) square
feet in area.
b. Each patio must have sufficient gradient to provide for
adequate drainage away from the mobile home stand.
e. Each patio must have a well graded, well drained and
compacted base and be constructed of portland cement or
masonary.
6. Each mobile- home space shall have off-street parking facilities
for two (2) vehicles . Each parking space must be at least one
hundred eighty (180) square feet in area, with a minimum width of
nine ( 9) feet . It must be surfaced with at least four (4) inches
of compacted crushed stone.
7. A walkway (constructed of compacted wood chips , crushed stone ,
gravel , or concrete) must be constructed for each mobile home
space to connect the parking spaces and the patio.
8. The park must remain in unitary ownership with no sale of spaces
to an individual .
9. The applicant must submit a numbering/location system of the park
to the Orange County Planning Department .
10 . The applicant must submit to the Orange County Planning
Department tenancy rules and regulations including , but not
limited to:
a. Prohibiting junked and/or abandoned vehicles within the park.
b. Prohibiting the accumulation of rubbish.
c. Prohibiting outside storage of any nature.
b) M .nimum_Mont aga_and_aa1_laak_Basl uitugnis.
1 . A mobile home park must have a minimum frontage consistent with
the requirements of the zoning district in which it is located.
If the proposed lot for the development of a mobile home park is
a lot of record, there must be a minimum frontage of sixty ( 60)
feet along a publicly dedicated street .
2 . The minimum setback of the park from a public street must be
consistent with the requirement of the zoning district in which
it is located. No parking is permitted in the required setback.
3 . Mobile home stands must be located at least one hundred ( 100)
00120
AMEND ARTICLE 7 PAGE 5
feet from any exterior property line which is not a street right
of way, regardless of the zoning district .
c) Ezalian_and_atatmwalat_Caaltal_Baquizamanis.
In order to control erosion, all disturbed land areas shall be
protected by a vegetative ground cover. (See definition of "ground
cover" in the Orange County Soil Erosion and Sedimentation Control
Ordinance) . The mobile home park must be designed and graded in such
a manner as to provide for the adequate runoff of stormwater. Storm
drains must be provided with sufficient inlets located at points of
surface water accumulation to adequately intersect surface flow. Any
other necessary requirements of the Soil Erosion and Sedimentation
Control Ordinance shall be applicable. Protected water supply
watershed standards may also be applicable.
d) Yebialilat_Aslalla
1. The travelway for all streets within a mobile home park shall be
20 ' in width and must satisfy the drainage standards specified in
Orange County' s Soil Erosion and Sedimentation Control Ordinance.
All streets shall be constructed to the North Carolina Department
of Transportation' s depth of base and pavement requirements
specified in the E1112a3Ciziol__...E2ada__MlIIlmum___Cianait nlis II
elianagal, All streets shall be identified by names approved by
the Orange County Planning Department . Street signs constructed
to Orange County standards must be installed outside the right
of-way at all intersections. The approved streets and names
shall be used to assign mobile home space identification numbers .
2 . Every street shall have a maintained six (6) foot wide reserved
strip running parallel and adjacent to each side of the paved
surface. Such strip shall be used for walkways , driveways ,
grass, low-growing vegetative ground cover, or utility right-of-
way only. No other use shall be permitted on a reserved strip.
3. Each mobile home space shall abut upon an improved street which
shall have unobstructed access to a public thoroughfare.
4. No mobile home space shall have direct vehicular access to any
thoroughfare other than those thoroughfares located within the
mobile home park.
5 . Unless unusual topography or configuration of property lines
dictates otherwise, cul-de-sac streets in mobile home parks shall
have a maximum length of 500 feet .
6. Plans for ingress to and egress from each mobile home park shall
be approved by the North Carolina Department of Transportation.
e) I.d&III1.ilII�iiQII_�ign .
1)0121
AMEND ARTICLE 7 PAGE 6
In order to prevent the occurrence of distractions to passing
motorists and to prevent conflicts with adjoining uses , permanent
identification signs for mobile home parks are regulated as follows :
1 . Such signs shall be located on private property, and shall be
erected so that no part of it intrudes into the sight
preservation triangle (see subsection 9. 2 of this ordinance) .
2. Such signs may be illuminated, provided that indirect ,
nonflashing lighting is used, and provided that each sign is
constructed in such a manner as to prevent a direct view of the
light source from any public street or right-of-way.
3. Such signs shall be limited to sixteen (16) square feet in area;
the top of such signs shall not be higher than ten (10) feet
above the ground.
4. There shall be no more than one (1) double-faced sign or two (2)
single-faced,opposite-facing signs per park entrance.
f) aatganine_aad_Laada name
In order to eliminate visual distractions to passing motorists , reduce
levels of noise, dust , or glare , preserve the character of existing
neighborhoods , and in other ways serve the purposes of zoning, mobile
home parks shall be screened on all sides of the mobile home park from
adjacent highways and from existing, adjoining, conventional
residential developments or existing mobile home parks. Consideration
shall be given to topography, vegetation, site design and land uses in
the evaluation of the extent of required screening. Mobile home parks
must be located at least one-hundred (100) feet from any exterior
property line which is not a street right-of-way, regardless of the
zoning district . The disturbance of land within the one hundred (100)
foot buffer is prohibited. Existing vegetation within the 100 ' buffer
must be retained. Additional plantings may be required upon site
inspection to satisfy Class "A" screening requirements (See Article 12
of this Ordinance) along the perimeter of the site. If there is no
existing vegetation, planting will be required within the one-hundred
(100) foot buffer to satisfy Class "A" screen requirements .
The following standards will govern the installation of screening for
bulk refuse containers (dumpsters) :
1 . the installation of a six (6) foot high stockade or redwood
fence so as to provide a continuous screening barrier ; or
2 . the installation of a six (6) foot high evergreen hedge or
shrubbery so as to provide a continuous screening barrier . A
hedge of at least three (3) feet in height may be installed
initially provided it will reach six (6) feet within a two-year
00190
I ARTICLE 7 PAGE 7
period. (See Article 12 of this ordinance for planting
requirements. )
The following standard will govern the installation of interior
landscaping and materials :
An evergreen hedge or shrub of at least three (3) feet in height
must be planted for every three (3) linear feet along the
separation line between units so as to provide a continuous
landscape barrier ;
The following standard will govern the installation of street frontage
landscaping materials :
An evergreen hedge or shrub at least three (3) feet in height or
a small tree (See Article 12 of this ordinance) must be planted
for every five (5) linear feet along the edge of the road right
of-way, except for areas designated for driveway access to
mobile home spaces/lots .
These requirements are in addition to and do not replace Article 12
requirements applicable to the zoning district .
g) Eanitazy_Eauili .i€a4.Wa Sgt_luQU ix4.-Gana gl_Gn111111 n _.Mail liYILI
ang_U.LLii.li�
In every mobile home park, all utility installations shall comply with
applicable building and health codes of Orange County and the State of
North Carolina, and the requirements of the North Carolina Utilities
Commission.
1 . U1ili.. i.al_m_mahilejlairi ._lil.In$, Each mobile home stand shall be
equipped with water and sanitary sewer connections .
2 . Matiln_._34,mn_Ealliumnni..� Each mobile home shall be connected to
utilities provided at each mobile home space.
3. iftt.ar.__liuuRl Each mobile home park shall obtain water from
either a public water supply or a source as approved by the
Orange County Health Department , the North Carolina Division of
Environmental Services or successor agencies .
The above mentioned agent shall determine if the water supply and
pressure is adequate for the park requirements .
4. lawag ._nnd_Rauln_Diallaaals Each mobile home park shall be
provided with an adequate sewage disposal system, either by
connection to a public sewer system or to a system constructed in
compliance with the regulations of the Orange County Health
Department , the North Carolina Division of Environmental
Services, or successor agencies.
00123
AMEND ARTICLE 7 PAGE 8
5. S"a3:Lkagn_pilYZ.4 ,1... All garbage and refuse for individual units in
each mobile home park shall be stored in suitable waterproof and
rodentproof receptacles which shall be kept covered with tightly
fitting lids . A central collection system must be provided within
the park either through a private collection service for
individual units or through the use of bulk containers
(dumpsters) . Where the latter are used, there must be a bulk
container (dumpster) per every six (6) mobile homes. For mobile
home parks with less than six (6) homes , one (1 ) container is
required. Bulk containers shall be front-loading wherever
practicable. A side loading container may be allowed where the
provision of a front loading container is not feasible and the
property is accessible to a regular route of a side-loading
refuse collection vehicle.
Bulk refuse containers and required screening devices must be
located so as to provide a minimum clearance of three (3) feet on
each side of a container.
A six (6) inch reinforced concrete pad shall be provided to set
the container and also to support the front wheels of the truck
during the loading operation. The pad shall be ten (10) feet wide
by twenty (20) feet long with at least ten (10) feet of the pad
accessible for the truck to drive onto in front of the dumpster
container for front-loading pickup. If side loading containers
are used, the pad may be twelve (12) feet wide by eight (8) feet
deep with no projection for the truck wheels .
6 . Mail_Daliniya.
Each mobile home park shall be provided with a clustered mail
delivery system which is in compliance with the appopriate postal
service guidelines. Consultation must be made with the
appropriate agency for provision of this system. The access to
the mail delivery facility must be so designed to allow 3-4 cars
to stop at the mail delivery facility without conflict from
passing vehicles.
7• Re c r llii4II_AZ€D.A_AIId._Eitailiiie.5.
Adequate and suitable recreation areas shall be provided to meet
the anticipated needs of the residents of the mobile home park.
The character , shape and location of the recreational space shall
be suitable for active recreational purposes , taking into account
topography, convenient access for residentis , drainage, size and
proposed improvements . When choosing improvements for
recreational space, the anticipated characteristics and needs of
the residents shall be considered in conjunction with the size of
he development . At least 8% of the total site area must be
devoted to recreational uses . The provision of separate adult
and children' s recreation areas is encouraged.
0012 .
AMEND ARTICLE 7 PAGE 9
Recreation areas include space for community buildings and
community use facilities , adult and child play areas . Suggested
improvements which are suitable for various age groups include,
but are not limited to, the following:
RECREATION FACILITY DEVELOPMENT STANDARDS
__ �
AGE GROUP FAC FACILITY I TY RECOMMENDED RECOMMENDED RECOMMENDED
SPACE SIZE AND ORIENTATION
REQUIREMENTS DIMENSIONS
Families Tot Lot 2 , 000-4, 000 Enclosed play None specified
1. Enclosed play area of 21 sq.
area with play ft. per family.
apparatus Turfed area and
and sand box. shaded area of at
least 40 sq. ft .
2. Open, turfed area each.
for active play.
3. Shaded area for
quiet activity.
Families Basketball Court 4,400-8, 000 46 ' x 74' to Long axis
Adults square feet 50 ' x 94 ' north-south
Court dimensions
with 5 ' unobstructed
space on all sides.
Families Tennis Court 6 ,200-8,400 36 ' x 78' with Long axis
Adults square feet 12 ' clearance north-south
Senior on both sides ;
Citizens 21 ' at both ends
Families Swimming Pool 0.5-2. 0 Minimum of 27 None
Adults acres sq. ft . of water
Senior surface per
Citizens swimmer. Ratio of
2:1 deck vs . water.
Families Badminton Court 1 , 500-2 , 600 Singles - 17'x44' Long axis
sq. ft . Doubles - 20'x44' north-south
with 5 ' unobstructed
space on all sides
Families Volleyball Court 2 , 800-4, 000 30.' x 60; with Long axis
Adults sq. ft . 10 ' clearance north-south.
on all sides .
Families Soft Ballfield 1 . 5-2. 0 Baselines - 65 ' Locate home
Adults acres Pitching distance plate so
40 '-46 ' . Field pitcherr throw-
radius from ing across sun
00125
AMEND ARTICLE 7 PAGE 10
plate-275' and batter not
between foul facing it .
lines. Line from home
plate through
pitchers mound
runs east-
northeast
Families Soccer Field 1 . 7-2 . 1 165 ' to 225 ' x Fall season-
acres 300 ' to 360 ' long axis
with 10' mini- northwest to
mum clearance southeast ;
on all sides for longer
periods , north
or south.
Families Horseshoes 240 sq. ft . 6' sq. pitchers Long axis
Adults box. Steel stakes north-south.
Senior 1" diameter , 14"
Citizens above ground,
spaced 40 ' apart .
Families Park bench One (1 ) picnic Minimum table None other
Adults picnic tables table per 50 dimensions - than provision
Senior and grills residents . 50 36"Wx72"Lx30"H. of shading for
Citizens and trash sq. ft . of Tables , benches picnic tables
receptables. land per table . and other similar and benches.
facilities
securely anchored
to ground.
Families Picnic shelter One (1) open Minimum shelter None.
Adults structure shelter per dimensions-
Senior 60 residents 20 'x30 ' with
minimum of ten
(10) picnic tables
and accompanying
benches located
therein and securely
anchored to ground.
Fireplace shall be
installed at one end.
NOTE: Ameud districts as indicated to include 'IMP" after PD-2•
5.1.1 SCHEDULE FOR RESIDENTIAL DEVEL40PNENTI SINGLE AND TWO ]FAMILY,
MULTIFAMILY, RESIDENTIAL HOTELS, ROOMING HOUSES, ETC.
MINIMUM MIN. REQ, REQ. MAX. BLDG. MIN. GROSS LUI MAX. REQ. MIN. REQ. MIN. REQ. MIN.
AREA PER LOT FRONT SIDE & HEIGHT LAND AREA RATING FAR OPEN SPACE LIVEABILITY RECREATION
DWELLING WIDTH SETBACK REAR (PD'S ONLY) RATIO SPACE RATIO SPACE RATIO)
UNIT SETBACK
AR
MHP 40,000 - - - N/A 400,200 22 .058 .84 .75 .019
R1
MP 40,000 - - - N/A 400,000 22 .058 .84 .75 .019
R2
MHP 20,000 - - - NIA 400,000 28 .081 .82 .72 .023
R3
MHP - _ _ - N/A 400,200 31 .107 .80 .62 .026
Ito
MUP _ _ _ - NIA 400,002 36 .152 .78 .53 .032
rte;
Ct�
AMEND ARTICLE 22 : DEFINITIONS: 00127
1. Mab.1a...Fiama_Eatk 41_21taal._21__land_undat_single..maatlhigt_whinh__haa__kaan
_alannld__sad_.miasua1__in_ agmQliana€_wiih_tha_.tazi emania,_.Q1__lha
Mala1.a.dams_Eatl ,Dial tiaL_Isa_iha-Ulan ,mangy.-g_matila_hamaar_ht_n4ti=
ltan�,€nl.sulaa�an�._iar_iha,�ataliQn__Qf_lha_��.aaLugg��Qaais.�..iIIa
2. Miltila--_Hama.aaantaa . A parcel o f land occupied or intended t o be
occupied by one -and only one mobile home and for the exclusive use of
the occupants of said mobile home . Mob i ,g_Hilmg,, aaag_gh$Il_Ill14_waln
araataal__Qi_lan�in_ ._mszLil€_h ,.. �,tk.�.��t�ci�a�. wiih�hg_naa€�aatY
laili 11 nnaciiQn .._Ua..t.ip-s._an11_Qlhat...aaax clanarisal_naaalaa, Y-lQt_,.lhg
€t . ian_ .hataQn_ a__Qn4__Quaal 1n _mQhil.g_home,_._and_S Qt_ihe
a��.1.ntl.Y�ua�f..�.ha.�aaaaanl.,�._.Q�,i�mQhila_hs�mgs
NEW DEFINITIONS
3. MILLI—H=1 A dwelling unit that ( i ) is not constructed in accordance
with the standards of the North Carolina Uniform Residential Building
for One- and Two-Family Dwellings ; ( ii ) is composed of one or more
components , each of which As substantially assembled in a
manufacturing plant and designed to be transported to the home site
on its own chassis for placement on a temporary or semi-permanent
foundation when connected to the required utilities , and includes the
therein; and ( iii ) exceeds eight (8) body feet in width and thirty
two (32) body feet in length. Mobile home shall also mean a double
wide mobile home.
4. Mabila__HQme_atand1Eaa That portion of the mobile home space which has
been reserved and prepared for the placement of the mobile home.
5. am2R2tl:.__Eyslam A combination of footers , piers , caps , and shims that
will , when properly installed, support the mobile home. Masonry
walls may be installed as a cosmetic feature.
6. BnahQting The fastening of the mobile home to its mobile home stand in
order to prevent upset or damage due to wind, erosion, flooding, or
other natural forces .
7. MQdulat__Mama. A dwelling unit constructed in accordance with the
construction standards of North Carolina Uniform Residential Building
Code for One- and Two- Family Dwellings and composed of components
substantially assembled in a manufacturing plant and transported to
the building site for final assembly and placement on a permanent
foundation. Without limiting the generality of the foregoing, a
modular home may consist of two or more sections transported to the
site on each ' s own chassis or steel frame , or a series of panels or
room sections transported to the site on a truck and erected,
assembled, or joined there.
8 . Ttlual__TZa,iilz. A structure that is ( i ) intended to be transported over
the- streets and highways (either as a motor vehicle or attached to or
hauled by a . mntnr nA.A .
00128
sleeping quarters , but that does not meet the definition of a
manufactured home.
9. mgIIgg& .uLgS�_i32�ig. A dwelling unit that ( i ) is not constructed i n
accordance with the standards of the North Carolina Uniform
Residential Building Code for One- and Two-Family Dwellings ; ( ii ) is
composed of one or more components , each of which was substantially
assembled in a manufacturing plant and designed to be transported to
the home site on its own chassis ; and ( iii ) exceeds forty feet in
length and eight feet in width.
10. Waill__Ham14.__Aaalluxx A subordinate structure, the use of which is
customarily incidental to the permitted use of the principal
building. Accessory uses include , but are not limited to: 1) storage
unit , 2) office and 3) classroom facility. The mobile home, as an
accessory structure , must not create nonconforming yards or setbacks .
The installation of a mobile home, as an accessory structure, is
exempt from the requirements set forth in Subsections 6.21 . 2d) and
e) . Underskirting is required and the mobile home must be connected
to the required utilities , which include the plumbing, heating , air
conditioning and electrical systems contained therein, provided the
unit is not installed for the purpose of storage. The Orange County
Health Department shall determine what type of sewage disposal system
is appropriate. If the unit is installed for the purpose of storage ,
only underskirting is required, connection to the required utilities
( listed above) is optional .
DRAFT ORDINANCE AMENDMENTS 00129
ISSUE STATEMENT : Application of the pedestrian/ landscape
ratio is determined , by defini —tion , on the
basis of floor area . Application of all
other ratios listed in the table is
determined on the basis of gross Land area .
Staff proposes to alter the formula to
provide for consistency in application .
Further, based on recent modifications of
the Table of Dimensional Requirements
applicable to industrial districts , staff
identified a need to revise the standards
for Landscape and pedestrian area
requirements . The existing provisions do
not specify landscape requirements for the
Existing Industrial (E—I ) or Industrial—I
(I-1 ) zoning districts .
DRAFT AMENDMENTS TO ARTICLE 22 DEFINITIONS
EXISTING ORDINANCE:
Pedestrian/Landscape Ratio . This is the
minimum square footage of pedestrian access
and Landscaped area in non—residential
developments for each square foot of floor
area .
PROPOSED AMENDMENT :
Pedestrian/Landscape Ratio . This is the
minimum square footage of pedestrian access
and landscaped area in non—residential
developments for each square foot of prose
land area .
DRAFT AMENDMENTS TO ARTICLE 5 . ESTABLISHMENT OF DIMENSIONAL
REQUIREMENTS
EXPLANATION : The existing ratios are
applied to floor area .
EXISTING ORDINANCE: SEE COLUMN A
PROPOSED AMENDMENT: SEE COLUMN B
EXPLANATION : The proposed ratios are
applied to the gross land area and are based
on utilizing 25% of the area provided by
application of the open space ratio
requirements for landscape and pedestrian
access purposes .
00130
The table below illustrates the application
of the existing and proposed ratios to
determine the Landscape and pedestrian area
requirements for a three (3) acre tract
(130,680 square feet) .
COLUMN A COLUMN B
EXISTING PROVISIONS(1 ) PROPOSED PROVISIONS [ 2)
LUI Ratio (Sq . Footage) LUI Ratio [Sq . Footage)
AR ( lot x lot) .21 (27443)
(pl . dev . ) . 21 (27443)
R1 ( lot x Lot) . 21 ( 27443]
[pl . dev . ) . 21 [27443)
R2 ( lot x Lot) .55 (4888) .208 ( 27116 )
(pl . dev . ) .53 [5264) .205 ( 28790)
R3 ( Lot x Lot) .48 (5520) .203 (26463 )
(p1 . dev . ) .43 [5619) .20 ( 26136 )
R4 ( Lot x lot) .38 (6108) .198 ( 25810 )
[pl . dev . ) .36 (6634) .195 [ 25483)
R5 ( Lot x lot) .34 (7731 ) .195 (25483)
(pl . dev . ) .32 (8364) .19 [ 24829)
R8 ( lot x Lot) .30 (9645) .088 ( 24503 )
(pl . dev . ) .27 (9986 ) .185 [ 24178 )
R13 ( lot x lot)
[pl . dev . ) .16 (8364) .18 (23523)
LC1 ( Lot x lot) .43 (5619) .20 [ 26136 )
[pl . dev . ) .40 (6012) .198 ( 25810)
NC2 [ lot x lot) .32 (8364) .19 (24830)
(pl . dev . ) .31 (9318) .188 ( 24503)
CC3 ( lot x Lot) .26 (13590) .18 [ 23523]
(pl . dev . ) .25 (14996 ) .19 ( 23523)
GC4 ( lot x lot) .24 (15431 ) .178 ( 23196 )
(pl . dev . ) .23 ( 17012) .178 ( 23196 )
EC5 ( lot x lot) .24 (15431 ) .178 ( 23196 )
OI ( lot x lot) .30 (7841 ) .19 ( 24830 )
(pl . dev . ) .31 (9318) .188 ( 24503 )
E-1 ( Lot x lot) .20 ( 26136 )
I-1 ( Lot x Lot) .20 ( 26136 )
(p1 . dev . ) .187 ( 24437 )
1-2 ( Lot x Lot) .28 (10977) .181 (23653)
(p1 .. dev . ) .27 ( 12349 ) .175, ( 22869 )
00131
I-3 ( Lot x Lot] .26 ( 13591 ] .169 ( 22085)
(p1 . dev . ) .25 (14702) .163 (21301 )
AS ( Lot x lot) . 208 ( 27117 )
ED ( Lot x Lot)
PD ( Lot x Lot)
PW ( Lot x Lot)
(pl . dev . ) .30 (9645) . 19 (24830)
N.►.e :.f'ua:ulil.r 1'I11l 411141 I-1:44usl4friAl. I.I.VC1,141.111:14'r• 44r1' liv 4-41'ri 4.149414"1 EXISTING PROVISIONS
illu. I l:il. Ill:►. sli+l: illrl, t;lawa "Am. 9;li0:;:t Iwo. li116. lam. "Ill.
911111. Ilrl' fxl'r 4'I61lrr A1,0 4U:AI1 11A1r. ►li.w;. I.1lWti AMA 1-Allll AI1641% •• "pill. ViAMill 411.1::11 :;1IAC6 11014::;9'1liAli
Alitin Il:;k I111ri14 :il:'i'llnl'1: ULT11ACKS 111.1t;[rr 11'11.11 11111•Y) 11.0111 WII•Y; 1►ti AlluA PATIO IIA'1•Irl 1.06141tSCA1'14 11ATI41
1.t 1'r 4rl,iltill IWI 40 :I, 25 - - 22 .0511 .114 -
ni1 4'lt ill titill 1:141 - -- - --- ----- ----------25 ---_--- fHIllfUtl— - 22 .4150 .114
lAir 40,rfau 1111 40 2() 25 - - 12 1150 .64 -
1ci 110 4t1 nail in 25 UU,111111 - 22 f15p it
ut
I[rr 20,nun inn 10 i5 25 - - 24 .064- .A1 .55-
-I'll to nut, Ilia - - 29 ti thin - 26 .11A .02 ►1
1 ..——----r.- 1�...------------ -
Itrr 15,004 ton 1B 15 25 - - 70 Ono .01 .40
pit lIs V3100111 Intl - - J5 40 0118 - 10 hill .041 .41
!11111, 1 it,Itill) 75 25
1i1 1 u lu fillip 14 - 25 IS 41110 - 15 !4l .14 ib
1.ir1• 7,5[414 5ll 20 in 25
to
ru "41 4110 h1) - 25 40aqu0 -_ - guT _.24111 .76 .12
_- 111T 5,min — so - - - all --- u--- - 25 .- ------- 41 .246--- -�---;-�� - -- .10-----
1`41 I.11 15,Will 111 - - 2% -.1+11014 - 49 i kfi 13 Y l
4 -
HI 1 i•ls 1 0101 till - 25 5 1if}U - 'r1) _.91141 72 �4U
75 15- -45 as - - —3A- .ion— An .41
- al - 429,444 12 Ais JO .411
1.4x1' 2,0110 241 50 - -----15 ------- 0 ---��..___-_..�---------- 1
1i ryl:� - 914 .200 .16 ---- .12---- ---- 1
li I u e,auu - - - l5 426.144 42 .2,10 .75 .31 l
ii 1.tvr 2,81111 211 50 - 45 _n --- 5n .400--- .12 .26
1t t:.:1 i u 2,414111 - - - a5 4AS, Ui1 !.'[71,544 fit 451 12 .15
--------------------------------------------------
li �;I.y �crr 441,141141 75 15 - 45 _ 51 -._— 4�]2 - ---.71 ------ .24--------- I
'4
t1 I'll 40,Will - - 45 425 600 loci MANimid 55 56t. .71
l.4ri' 40,000 7 45 5 l5 .»�---------- ---
- - - 51 .492 .73 24 -
11rr .,,1111, till -"25 141 15 - - 40 ,2111 .76 71)
fir
1'11 9 0110 - � - 19 'tau UuU 1111 Ali1FIIIM 4'1 ill .75 .'I1
.
Ltrl` rlil,[1f18 'still 4+1 -- -- su - -•l5--- - 21 .2UU -•OV - _ j1
I:l I
l+rr u11,isn+l 2111, it 50 ci - - 23 -- •?(1f1- .$ —
I I FLsVH7V{
- - 1'41 111► 0011 - - - ,i5 1111 uuu NU 14AYiNl4 29
lirr 241,0uu 1110 541 - 45 $5- - - ---- '-
1� 241,1,4111 - - _ .300 .T25
I'll
95 2011,Alto [;14.644 47 .350 .700 .27
1 9 parr 2u,llu4i 111() 514 - 45 - - 50 .400 .675 ------ •26----
I'll 211,(s0n Is u IL •ice 624.143 41111 NANlul11H 5Z .450 .650 .•L5
14.9 iwlula .
1.11'6 411,004, 2111) ---_-----
n:: .A1 -
I.trr 9110,41011 :till 514
KI. - -
----- -•----------------------------------.41425
i•il l - - -
C I�
11 i'w.i to 1, 1l o(3,1111 U 2 0 it 5 0 0 115 li 0 0-,d 0 0._.-----_-------------------------- ------ _----------' ----- F-°' .
1'o h oo,1)0.0.----- -- -- -- - --- 1 - -�11QQ4 -----_ ----, -• j ---•? �---- •1 --------- -. 30 -..�-
• Sr.40: A:i n11.1,U7::W'4' la{SiU1a1'1'1A1• ' -
4.01111 lY.i li l ll'i'f:li:;i'i! if T l i
I1i71:,tilllifi
11-20-114
+•I.G :,t'Ni:Itri11.1 {'ult Iiuli 4r:iNlla{TIAl. i+14CIA4411.11'1' 1.1,'1` I,Y IAYr, PlAt,tri;I, 1,l:VkIW'Hlili'1'
PROPOSED AMENDMENTS
1,1111. VIA?. Illi;l. :il11YS trill. tilowu MAN. ritlt7jj
HiII. IArr iA1•r r'[1�4re WWII I1rLAli HAN. µ1.16(i. I.Aiiir Alq+n HIl At1In •• 6(1►; I'la It I
A IWA U::K r►lir,111 :il-MACK :11:'1710[:1('0 [n:it 111'1' [1.1!'11 LyF •Y 4A . x,It ZI'ECII GYAi:li 1'ICi�1:•uti ilr All
#ra•.I cxll.>Ey Idu M11:A I,A•r{t, uA•rlt, I.AIq,:11:n•a+ un'r1u
All 4n,nUl1 Via 40 ,t1 25 �� Wall q*
4010110 i�+il- - - -- ---- --- ful,un0-_ _ ----- - -2a_-_—:Irs4•^- -��--- - -.21- ------ -
kl i.trr 411,600 #111 90 2u 25 - - _
1 u 4u uulr - - 12 .054 Q4 1
- - -.- ---- -_,_-•_ _ -- �iti.- ._. - •• a5 uu uun _
_.. .._... - - ------------_.._a..._---
Urr 26,0116 ton lu �y ?? .064 u9 -,21------_--
I,1 —
i'II •:U tlllit Itltl 4hIU11fl
._ - - - - 25
ur I.n'r 15,606 166 I+l 15 2 ------------ 2G -a1 ---- -- -
i'YI _ 5 itl 661+ _
20 Allq,
!0,060 75 -- 1,� -- - ---'�tI - -- 2'- �. ._.... — --- - - - - --- --
rn Iu uun 7h 5 - 33 •121— 79 0
.. .- _..—.., .. J .
LYrr ►,x60 ,- -..... ... . - z 15 uuel - 95
_-__-- , 95
au - _
WS
YYI '1 5nY1 So
11 [IIIU 1Q , � + �
IA+7• 5,nt+n 56 211 -------._.._'25-_ - .46 _ _
t�1 5 uu,l 41 .246 ..
r<1 r iris --?� ----,_ ° ------y---,a�Ii_ ►±------185 ------
... — 25
I cl iA:r + - -15...-- -- ------- -----5.000 ------ho ----.•a,iu •it
}0n dun
12 .115 .PI
J.8 ncru,r
Hu: Vier 2,6Un zn t+l, ---- 35------_.._...__-__-�_._ ---__�- - - �_---- 98
--- ---
!
421,144 qz 2iu 75
. 188
1'1+ z,nsur - - 95 4l5,t.6U I,17 5
3, 4q as 4wib
72
.
11 �'�► ...._ '1Ultlnr! - 4h 42h 6uU d11 tiAxlHUH 51 --- .iu .71 ------- --- -- --
.-T78
IArr 46,006 75 �y... - -- --- - 4 ---------+---------.-.__.. ..-
---- j?�-- ---
53 .492 .7l
. 178
i,, Li rl' 5.lit 51, 25 y6 15 _ ------40 --- 2-- ------ -- .
no ,7y
_. 15 2110 t160 Iln Ax i ru+M a! 1 itl8
- -.._..__. - -- - ---- - _,_ .� _.. .�___----- .75
1:1 •Lt 1'1' 1111,Walt 21111 'i,l r --------- ..
(11.1• 00,00,+ 21IU � .. ..... .._
1.11 uu unn _ ..al .200__--------------
88---.._._-•-20 ..._..-----�- -
.._ U irAlt 02A----l:i •
—!L_...._. --- _—.•260----+45 ru
;ell,(mill - - - 4; 200,600 1+14,144 4► .300 •725 . 181
14 J u.,u,
.350 .700
..... .-- - -- -------.-_-__.__.-_J..__ :._--=1- - ------ __ '- -----____.---------175
i l ,.I YI' �6,t,lq�. . ...jllr) 511 _ - - "4ti- -
1'i1 AN,4011D t, u - 511 :400 .675 • ��----
r, +5 1121,144 1tu ranxlltui/ 5Y
Lu'[' 4U,t,fii, gnu -- - -311
0 .650
Lu'1' 9011,till+1 2U[i so 511 4y --- - - --- - _ --- -
--
I,
as _ -- - ----- C
1.#(1'!' #1[10 000 2[1[y 5.0..- - ---- --......_. __...-_......._ ....._.. - ---. _ _ p s'•
5o -- ----.---
r
b.l:
` 1./1111, 1,111: !lt'1'I:Irtil'I"l iln'Y'tU
1
sfi.i/Lelipy 7/— 3 /9 --/e7 0 13 4
PROPOSED ZONING ORDINANCE TEXT AMENDMENT
ARTICLE 5 .1 .1 SCHEDULE FOR RESIDENTIAL DEVELOPMENT
(REQUIRED MINIMUM RECREATION SPACE RATIO)
ISSUE : Section IV—B-7—b of the Subdivision Regulations is a
proposed amendment which would require the dedication (or
provision) of recreation facilities or a payment in lieu .
The proposed amendment contains a formula for the
computation of required recreation and/or open space
area .
S .F . = 'N x P x R
Where S .F . = Area , in square feet , of the Land
required to be dedicated (or provided) for
recreation and/or open space purposes .
N = Number of lots or dwelling units
proposed in the subdivision .
P = Average family size according to the
latest decennial census for the township in
which the subdivision is located .
R = A ratio equivalent to 0 .01050 or 10 .50
acres of developed recreation area or open
space per 1 ,000 population recommended by
the National Recreation and Parks
Association (NRPA) as the standard for the
establishment of a "core" system of
parklands .
The proposed amendment requires parklands based on the
application of the formula or "by application of the
provisions of Article 5 .1 .1 (Required Minimum Recreation
Space Ratio) and Article 6 .12 ( Land Use Intensity System)
of the Orange County Zoning Ordinance , whichever results
in the greater amount . "
Application of the two standards ( see attached
comparison ) indicates that the formula will consistently
result in the greater amount . An amendment to Article
5 .1 .1 Schedule For Residential Development is necessary
to adjust the required minimum Recreatio Space Ratio
(RSR) to match the formula results . Specifically , the
provisions for lot—by--Lot application of the RSR must be
amended and adjustments made to accommodate Planned
Developments (1 and 2) .
EXISTING ORDINANCE :
ARTICLE 5 . 1 . 1 SCHEDULE FOR RESIDENTIAL DEVELOPMENT
00135
The attached Article 5 .1 .1 sets forth the required
minimum recreation space ratios for all residential
districts as well as those commercial districts in which
residential uses are permitted . Recreation space ratios
do not apply on a lot—by—lot basis in the AR , R-1 , R-2,
R-3 and R-4 zoning districts . Such ratios do apply in
all Planned Development projects regardless of zoning
designation .
The required recreation area resulting from application
of the ratios in residential districts is shown on the
accompanying comparison sheet . The area required in each
district is consistently less than that resulting from
the application of the formula in the proposed
subdivision regulation amendment (SF = NPR) .
PROPOSED ORDINANCE AMENDMENT :
ARTICLE 5.1 .1 SCHEDULE FOR RESIDENTIAL DEVELOPMENT
Using the acreages calculated from the formula (SF = NPR)
and a constant gross land area of 100 acres , revised
recreation space ratios were derived . Since the acreage
resulted from application of the formula to a
conventional subdivision , the revised ratios were placed
in the "Lot " category for each residential zoning
district . Ratios for Planned Development 1 and 2
categories were derived by increasing the "Lot" ratios by
equivalent increments of 0.003 based on the existing
ordinance ( see proposed revision to Article 5 .1 .1 ) .
To derive ratios for the non—residential districts ,
ratios from residential districts were applied where the
Liveability Space Ratio ( LSR) for the residential
district matched that of a non—residential district . As
an example , the LSR for an LC-1 (PD) district ( 0 .65)
matched that of a R-3 (PD) district . Thus , the RSR of
.072 was app Lied to both .
COMPARISON - APPLICATION OF NRPA AND LUI STANDARDS
ING DISTRICT . AR, R-1 R-2 R-3 R-4 R-5 R-8 R-13
IMUM LOT AREA PER 40,000 SF 20,000 SF 15,000 $F 10,000 SF 7,500 SF 5,000 SF 8,000 SF
LLING UNIT
UIRED MINIMUM - . - - - .033 .039 .049
REATION SPACE RATIO
T-BY-LOT DEVELOPMENT)
SR
SS RESIDENTIAL LAND 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC
A (G.L.A.)
VENTIONAL LOT - REQUIRED 3.3 AC 3.9 AC 4.9 AC
iIMUM RECREATION SPACE
PxGLA - LUI) -
�UIRED MINIMUM RECREATION .019 .022 .025 .030 .036 .042 •052 t
.CE RATIO (PLANNED
'ELOPMENT) - RSR
LNNED DEVELOPMENT - 1 .9 AC 2.2 AC 2.5 AC 3.0 AC 3.6 AC 4.2 AC 5.2 AC
JU I RED MINIMUM RECREATION
XE (RSR x GLA - LUI)
(IMUM NO. OF LOTS IN 92 185 246 370 493 740 1 ,234
IDIVISION
RAGE FAMILY SIZE IN 2.68 2.68 2.68 2.68 2.68 .2.68 2.68
4NGE COUNTY ( 1980 CENSUS)
�UIRED MINIMUM RECREATION 2.58 5.21 6.92 10.41 13.87 20.82 34.72
ACE - NRPA (SF = NPR)
ASED on +0.01050)
DUSTED MINIMUM RECREATION .026 .052 .069 . 104 . 139 .208 .347
ACE RATIO (PLANNED DEVELOPMENT)
SR
O ,
C,
vow
W '1
EXISTING ORDINANCE PROVIS ,NS
S.I.I S1IIr11ill,� lrrin III;.Sg1iC1YCIAI. PrV11,01711<IVI'i SWUM Attu wo PAIIII.TJ
latll:i'IYAN[f.Y, 1111SIfs1 tll'tAl. iIQ'1'Srli� RtxlFlltitg I�clil:i4e1� iglu,
0141. IAIT hIO:A i't:li Hirt. NAIL. 111.M. of". (Wass IIEu, rlllf.
I8i1:1.l.LFlii I.rs'r Y11�tY s01iAR6 nl'Glr Rte: Hirt.
Ills mIT LAlill APEA, gait IO:Q. lliri.
illli'i' ttgll{7r URTUACK $IL'1'LIAC1i !(hx• SPACB I-TYGAUJI.ITY ItwCIWATIUII
---•-----__-_--- .. -_�_ tf'A's 1 114 Rl►rlrfn VAR RATIO SPACE. Fwrlo SI'Acp RATIO
LOT 4a.uoci t5n -_40 20 25 -• - -
I'll-1 40,111111 '�----
L'Il-2 25 00,0110 22 .050 .04 .75 .019
25 [to i000 22 ,0511 .114
411.two 1][1 441 all .._.�7y .019
Vs,0411) 25 - _ _ ,
40,041+1 _ _ _ 25 041,0110 82 .050 _04 .75
_-- -_ 00,110 22 .1119
25
_ .05A .ti4 .75
i11'r' 21l,illlll Il1n ]ff 15 - .i5
I'il-I Ai.Will --
['u_2- 2Ll,owl _ _ - 25 45,Unu 26 .076 ,02 .70 .022
__ 45,US1U 20
live lti,ril111 -lilt) 30 - - 1S- 25 ---- - -.._ .ULl) 02�----- .72 .013
VV-2 - _ - 2S ]0,01111 110 .100 ,00 65 -
.025
------- -- __' _ _ 25 ]30,0410 31 .107 .80 ,.G2 _026
ts
LtYI' rt1,flH0 7g 25 1A .__.- --_
_ _ _ _
I 1 25_
25 15 nua
a 15 .141 .70 .54
--- --- ------ _-- 25 19.000 36 .152 .74 .53� .030
Carl'
1,5111 5r1 20 25
70 .174 .77 -- .52 ,033
1n UU
1411-2 - _ _ - 25 10,000 40 .200 .76 .52 .016
--- --- - _ 25 10,000 41• ,214 .76 .51 .039
lAw 5,000 50 2Q 0 25
I'll-I _ - 43 .296 .75 .49 .039.
25 7,Au0 45 .203 .74 .90, .042
4G
25 ?,UnQ .30) .73 .46
IA1'r 3,100 'yU---211 -..,
t'i!-I - _ 25 411 .340 .71 ,45 .099 --
l'11 25 5,0[IQ 50 .400 .72
.44
_..-_.-------- - ._, - 25 5,000 51 .429 .72 .4} .055
-
35 _ _
15 30 .100 ,00 65
35 025
.107.107 ,00 .b2 .0}6
35 _
[r-2 - _ _ 35 5.000 40 .201 .76 .52
.016
---- -------- - _ 35 5,11pQ_ 41 _ .214 .76 .5l 019
45 5,0(10. 511 .4111 .72 .41 .052 � -
__....._. 45 S'non 51 .429 .?Z 47 ,
e rl' 41,0011 [ !U 9[I 20
it 2 - _ ]� 5,0[10 40 .2110 .76 ,r2
3s 5.110n 41 Yi4 ,7G 016 117
.51 .039
7�
PROPOSED ORDINANCE PROVISIONS
x.1.1 all( (mil-(i vosl nrusU,sK1IAr. neyl1LIi'111:rr1I SINIII41 lulu Wm FA1 ILVI
R11i-TIVAR114, RsS11+u1Ci'1A1. t1[I'1'lsllr, n9S9+1iile[; 11tK1;16:111 w1u,
hill. IAWT IgSQ. l6EU. "m
611116 1'1:11 rilll. 11i'.Q. rU;R i IIAx. 111.00. 1/110. INTO S 1111811 IIL'Q: HIN. fU:{}. 11111.
1041:1.1.111[1 14W MKIT PHAII 11111i:R7' 1.111111 AREA 1411 1141x. sP>'(:8 l.lueAU11.Irt 11E'C11911471CI1
11111'1 11111'111 U11TUAr:N UKTUACII lrn+s I11ILVI WING 1'AR n1►'1'tA 11PACl3 WPM i11'ACr. 16ATI0
Ijrr 111,0110 15a 40 20 25 - - - - -
A11 vo-1 411,dula - - - 25 00,0110 22 .0511 .84 .75 .029
- -P0-2 461,0011 i 25 00,000 22 .050 .04 .75 .032
LArr 461,600 130 411 20 25 - - - -
.026
11 PW1 4+6,04191 -- - - 25 on,Goo 22 .050 .04 .75
.029
40,0110 - - - 25 130,000 22 .050 .04
IArr 011.0011 loa 111 Is 25 - - - .{}52 -
1a
6,61-1 '20.111111 - - - 25 45,p01i 26 .676 .6'1 .70
I'll-2 20.000 - - - 25 45+000 . 20 .lull .02 .72 .055
- - - - ---------- ------ ---------- --------- .•-• ------ -- -----
live 15.11111) loin 3a l5 25 - - - - .. .069
61 P46-i - - - - 25 30.0ml l0 .100 .00 .65 ,072
- IY>-1 - - - -----_-- - ----- --25 38,0041 31 .107 X130 --- .62 075
Car 111,11410 75 25 to 25 - - - - - . 104
14 10-1 - - - - 25 15,800 35 .141 .70 .54, • 107
25 15,61113 36 .152 ..74 .53 110
1A r1 ^1,51111- -- 541 20 -l4 25 - - 30 .174 .77 .52 139
25 18,000 40 .200 .76 .52 . 142
25 10,0013 41 .214 .76 _ .51 . 145
RAW 5,0011 58 20 n 25 - 43 .246 .75 .44 .208 -
81 1'Ir-1 - - - - 25 7,8(10 45 .203 .74 .40. .2 1 1
25 7,000 46 .301 .73 .46 .214
RAW 3.1108 50 28 Il 25 - an .348 .73 .45 .347
ill I-l6-I - - - - 25 5,01111 511 .400 .72 .44 .350
Pil-2 - - - - _ 25 %.Guu hl .422 .12 .43 .353
is
.91 141-1 - - - - 35 5,000 ]0 ,100 .00 .65 •072
35 5,000 11 .107 .00 .62 .075
35 - - - - - . 139
11:2 4.11-1 - - - - 35 5,000 40 :200 .76 .52 1 142
v u:2- ------------ --_..-�.---- 35 5.1100 41 - .214 .711 ----- .51
. 145
RAW - - - - 45 -- - - - .347
45 5+000 511 .4011 .72 .44 .350
45 5401141 51 .429 ,72 .353
:1:5 JAYP 411,01111 110 40 211 25 - -
I►ri - - - 3S - - - - . !39 .
I 1'11.1 - - - ]5 5,U0D 40 .200 .76 .52 . 139
5,1100 41 .114 .76 .51 145
00
00133
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE: ZQHIim_QRRINANCE
REFERENCE: AETICLE_4
ORIGIN OF AMENDMENT: __STAFF PLANNING BD.^,X__BOCC
__ PUBLIC__ OTHER_____,
STAFF PRIORITY RECOMIQENDAT I ON: X__HIGH __MIDDLE __LOW
COMMENT: CTIYE__EBOLL__QAg,D__HECEIYED__AT___THE
_ ►8Y___21,.__121fi___N EETI Q___TQ_ ADDEEEE
INEQHEHLY_ZQHED_EARCELE
EXPECTED PUBLIC HEARING DATE: 2-24_$1
**********************
PURPOSE OF AMENDMENT: To delete reference to specific
townships and joint planning areas in
the application criteria.
To delete ordinance provisions which
place a number of lots in the County
in an improper zoning designation
ISSUES/IMPACTS: Amendment of the ordinance would
clarify the intent that all zoning
districts are applicable throughout
the zoned townships in accordance with
the policies of the Land Use Plan.
If approved, a number of zoning lots
would no longer have an "improper"
zoning status.
EXISTING ORDINANCE PROVISION(S) :
ARTICLE 4
Section 4.2. 8 LQ al_Cammat .i al LtLC=li_Dialtirl
b) Application Criteria
This district will usually be applied
where the following conditions exist :
1 . Located within the Carrboro Joint
Planning area or areas, and
designated as either a Commercial
Transition Activity Node, a Rural
Community node or a Rural
Neighborhood node.
PROPOSED ORDINANCE AMENDMENT(S) :
Section 4. 2 . 8 b) 1 . Site is located within areas
designated by the adopted Land
00140
Use Plan as either a
Commercial Transition Activity
Node, a Rural Commercial
Activity Node or a Rural
Neighborhood Activity Node.
EXISTING ORDINANCE PROVISION(S) :
ARTICLE 4
Section 4. 2. 11 ana___c4A�I�Z�i�.1�iY___5 �
Lis iziat
b) Application Criteria
This district will usually be applied
where the following conditions exist :
1 . The site is within an designated
designated as either Commercial or
Industrial Transition Activity
Nodes by the adopted Land Use Plan,
in Eno or Hillsborough Townships .
PROPOSED ORDINANCE AMENDMENT(S) :
Section 4. 2. 11 b) 1 . Delete "in Eno or Hillsborough
EXISTING ORDINANCE PROVISION(S) :
Article 4
Section 4. 2 .21 Lighl_lndu .itial:L_tLCmil_Dil. ziai
b) Application Criteria
This district will usually be applied
where the following conditions exist :
1 . The site is located outside of
the Chapel Hill Joint Planning
Area and within an Industrial
Transition Activity Node or a
Rural Industrial Activity Node.
PROPOSED ORDINANCE AMENDMENT(S) :
Section 4.2. 21 b) 1. Site is located within areas
designated in the adopted
Land Use Plan as either an
Industrial Transition Activity
Node or a Rural Industrial
Activity Node.
X00141
EXISTING ORDINANCE PROVISION(S) :
Article 4
Section 4. 2.2 2 M€gium___IagxltEiaj=11_...__Sj_2.1
12,1�$.L1ItiI
b) Application Criteria
This district will usually be applied
where the following conditions exist :
1. Located outside the Chapel Hill
Joint Planning Area, but within
areas designated by the adopted
Land Use Plan as Industrial
Transition Activity Nodes.
PROPOSED ORDINANCE AMENDMENT(S) :
Section 4. 2.22 b) 1. Site is located within areas
designated by the adopted Land
Use Plan as an Industrial
Transition Activity Node.
EXISTING ORDINANCE PROVISION(S) :
Article 4
Section 4. 2. 23
b) Application Criteria
This district will usually be
applied where the following
conditions exist :
1. Site is located outside the
Chapel Hill Joint Planning
Area, but within areas
designated by the adopted Land
Use Plan as Industrial
Transition Activity Node.
PROPOSED ORDINANCE AMENDMENT(S) :
Section 4. 2. 23 b) 1 . Site is located within areas
designated by the adopted Land
Use Plan as an Industrial
Transition Activty Node.
*******************
ORDINANCE REVIEW COMMITTEE: DATE _
DATE `
PLANNING BOARD (PRELIMINARY REVIEW) DATE
BOCC (ADVERTISEMENT) : DATE . '_2 _Sh
(30142
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE: mNINQ_QBPINANQE
REFERENCE: ARTICLE N�_E�TAE&�� E�T-.-.QE__PF .TTF�_'��E_
_____ __._ANQ_ . U_LE__EEQTIQNE_4��—LA:id_AD_LLL.14
ORIGIN OF AMENDMENT:�___STAFF __PLANNING BD._,,.X__BOCC
_ _PUBLIC____._.OTHER__,__,____________
STAFF PRIORITY RECOMMENDATION:�X_H I GH___,_M I DDLE_____LOW
COMMENT: TEQT LYE__E82 ► _EQA$Q__EEQE LYEIZ__AT_.rTNE
�Y___2�1,.___l�$�_MEETINi~a___TQNApp$E�eE___N14EE
FLEXIBILITY_... .N�___T IE�BITTNSa.._QE__Ja4'1�__AEACT__NON
$EEIDENTIAL_FBEE
EXPECTED PUBLIC HEARING DATE: Z_2.4=$E
**********************
PURPOSE OF AMENDMENT: To exempt uses permitted on a
special use permit basis or zoned
Existing Commercial-V (EC-5) from
maximum acreage requirements
specified for the LC-1 , NC-2 and
CC-3 zoning districts .
ISSUES/IMPACTS: Clarification that the maximum
acreage requirements specified
for
the LC-1 , NC-2 and CC-3 districts
apply only to property so zoned.
Commercial acreage at a given
activity node at full build-out
will include all existing uses
zoned EC-5 at the time zoning was
extended to a township, all
commercial type uses permitted
through the issuance of special use
permits and the maximum acreage
specified for each applicable
zoning district .
EXISTING ORDINANCE PROVISION(S) :
ARTICLE 4
Section 4. 2.8 LQ ,lLQamma :aih.lzi_LLQ-11_Piltriai
Subsection 4. Normally, the maximum amount of
land zoned LC-1 at any node shall
not exceed nine (9) acres , but five
( 5)' acres shall apply in rural
areas where population density is
lower and distributed more widely
than in Transition. areas .
00143
PROPOSED ORDINANCE AMENDMENT(S) :
Subsection 4.
ADD Acreage limitations shall not apply
to property zoned Existing
Commercial-V (EC-5) or permitted
uses subject to the issuance of a
special use permit .
EXISTING ORDINANCE PROVISION(S) :
ARTICLE -4
Section 4.2. 9 Naighbathaild_C tLa1a1=j1,_,LIC=,1
ILLAILLei
Subsection 4. Normally, the maximum amount of
land zoned NC-2 at any node shall
not exceed nine ( 9) acres , but five
(5) acres shall apply in rural
areas where population density is
lower and distributed more widely
than in Transition areas .
PROPOSED ORDINANCE AMENDMENT(S) :
Subsection 4. ADD. Acreage limitations shall not
apply to property zoned Existing
Commercial-V (EC-5) or permitted
uses subject to the issuance of a
special use permit .
EXISTING ORDINANCE PROVISION(S) :
ARTICLE 4
Section 4. 2. 10
Subsection 6. Normally, the maximum amount of
land zoned CC-3 at any node shall
not exceed 29 acres, but 15 acres
shall apply in rural areas where
population density is lower and
distributed more widely than in
Transition Areas .
PROPOSED ORDINANCE AMENDMENT(S) ;
Subsection 6. ADD. Acreage limitations shall not
apply to property zoned Existing
Commercial-V (EC-5) or permitted
uses subject to the issuance of a
special use permit .
*******************
ORDINANCE REVIEW COMMITTEEe name
0014,1
I NQ_OQ1ND ORDINANCE AMENDMENTS
ORDINANCE:
REFERENCE: ARTILLES. _..E6.TA13L11121E1IT__S IERKLITEIL . T LF .
E_EPEQIAL_UEE_PE LI_ARD_ZZ_DEEI NITiQEE
ORIGIN OF AMENDMENT: _STAFF ___PLANNING BD._X..._BOCC
_ PUBLIC OTHER__._ .._�_,_____
STAFF PRIORITY RECOMMENDATION:�X_HIGH _ MIDDLE __LOW
COMMENT: DIREGIIYE__FEQM__EQABD _BES I.YED_—AT__ThE
$ EIDENII.AL_I1EEba
EXPECTED PUBLIC HEARING DATE: 24=$fi
**********************
PURPOSE OF AMENDMENT: To provide specifically for assembly
and packaging operations , including
mail order houses, in GC-IV, I-1 , I-
2 and 1-3 zoning districts as
permitted uses and as uses requiring
the issuance of a Class A Special
Use Permit in LC-1 and NC-2 zoning
districts .
To establish requirements and
standards for the issuance of a
Class A special use permit for the
referenced use.
To add definitions of "mail order
house" and "assembly/packaging
operation" .
ISSUES/IMPACTS: Provides more flexibility in the
establishment of the type of use
referenced as a use by right in the
more intensive zoning districts and
as a use permitted upon issuance of
a special use permit in the less
intensive commercial zoning
districts .
PROPOSED ORDINANCE AMENDMENT(S) :
ARTICLE 4 ESTABLISHMENT OF PERMITTED USE TABLE AND
SCHEDULE
Section 4. 3 ADD.- "Assembly and packaging
operations ., including, mail order
00145
houses , but excluding on-premises
retail outlets"
Permitted Use - GC-4, I-1 , I-2 , I-3
Class A SUP - LC-1 , NC-2
ARTICLE 22 DEFINITIONS
ADD. Mail Order House. Establish-
ment primarily engaged in the retail
sale of products by catalog and mail
order and including catalog and
order-taking offices.
ADD. Assembly and Packaging
Operations , Including Mail Order
Houses , But Excluding On-Premises
Retail Outlets
ARTICLE 8 SPECIAL USE PERMITS
ADD
8. 8.27 Assembly and Packaging Operations ,
Including Mail Order Houses , But
Excluding On Premises Retail Outlets
8.8. 27. 1 In addition to the information
requested in Subsections 8. 2 and 8. 8
the following shall be supplied as
part of the application.
a) The site plan shall also contain the
following:
1 ) location, width and type of
all internal vehicular and
pedestrian circulation
2) location and dimensions of all
on-site signage
3) boundaries of the site and
distance to nearest
residential structures
b) Description of the proposed use(s)
of the site and the buildings
therein, including the following:
1) Detail description of the
proposed use(s)
2 ) amount of area allocated to
each use
3 ) number of full and part-time
employees
00146
4) number of clients expected to
use the facility
5) proposed hours and days of
operation
c) Building plans for all existing or
proposed structures to include floor
plans , elevations and sections
showing proposed use.
d) Landscape plan, at the same scale as
the site plan, showing existing or
proposed trees , shrubs , groundcover
and any other landscape materials.
e) Statement from the appropriate
public service agencies concerning
the method and adequacy of water
supply and wastewater treatment .
f) Statement from the appropriate
public service agencies concerning
the provision of fire, police and
rescue protection to the site and
structures.
8. 8.27. 2 E �u��ts��_Q _EY�1la�. .iQII
The following specific standards shall
be used in deciding on an application
for this use;
a) The site plan submitted meets all
requirements specified in
subsections 8.8a) and 8. 8.27.1a) .
b) All applicable requirements of
Articles 4, 5, 6 , 8, 9, 10 and 12
have been satisfied.
c) The development as proposed
satisfies the following dimensional
and land use intensity requirements
and standards :
Maximum Floor Area Ratio (FAR) - .45
Minimum Open Space Ratio (OSR) - . 55
Minimum Landscape/Pedestrian Ratio (LSR)
- . 20
Maximum Building Height - 45 '
Minimum Setbacks -
Front - 50 '
Side - 20 '
Rear - 20 '
d) Fire, police and rescue services
and water supply and wastewater
00147
serve the proposed uses and
facilities.
e) The site is served by frontage on a
paved state-maintained road. The
developer must show that the
existing facilities have the
capacity to handle the additional
traffic generated by the use or has
an agreement with NCDOT to upgrade
the facility to accommodate expanded
needs .
f) Internal vehicular and pedestrian
circulation is designed to encourage
smooth traffic flow and reduce
hazards .
g) All access roads and employee/
visitor parking areas shall be
paved.
h) A Class A screen as specified in
Article 12 is required along the
perimeter of the property, except
where egress/ingress and utility
improvements are to be provided.
i ) The number of employees per shift of
maximum employment shall not exceed
one-hundred (100) .
j ) Development of the site as proposed
would have no adverse impact beyond
the building, except for appropriate
parking facilities. All buildings
associated with the operation shall
be designed to be harmonious with
the character of the neighborhood in
which the development is proposed to
be located.
k) The applicant must demonstrate
compliance with the definition
of"assembly/packaging operation"
and/or "mail order house" as
contained in Article 22 of the
ordinance.
1 ) Within a designated activity node
the amount of area developed for
this type of use shall not exceed
ten (10) acres .
*******************
ORDINANCE REVIEW COMMITTEE: DATE
DATE
00148
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE: ZONING ORDINANCE
REFERENCE: AND ITS OF COUNTY
MECHANISM S
SSECTION
2.2 .4 IE IBE.
ORIGIN OF AMENDMENT: STAFF __PLANNING BD. X__BOCC
PUBLIC___OTHER__._-__..__ _
STAFF PRIORITY RECOMMENDATION: X_H I GH __ MIDDLE __LOW
COMMENT: BIBECIIYE_RECEIYELLEMM_B=_I-A=$1
EBEEAF E-ME TENI__EQB__Zzli_$B.__PEELIC
LNG
EXPECTED PUBLIC HEARING DATE: 2-24-86
**********************
PURPOSE OF AMENDMENT: To clarify that new members appointed
to fill unexpired terms will be
eligible for two additional full terms
and to specify that one-third of the
Board membership will expire in
February of each calendar year .
ISSUES/IMPACTS: Provides for orderly turnover in Board
membership.
EXISTING ORDINANCE PROVISION(S) :
2.2.4 TENURE
The tenure of office shall be three years with
right to be reappointed for a second full term.
Appointments shall be made so that approximately
one-third of the term expire each year .
Appointments to fill vacancies shall be for the
unexpired term.
Attendance at the regular meetings of the Board
shall be considered a prerequisite for maintenance
of membership on the Planning Board. The Board of
County Commissioners may declare a vacancy on the
Planning Board because of a member ' s non
attendance.
A member may be appointed for a second successive
term, but after two consecutive terms a member
shall be ineligivle for reappointment until one
calendar year has elapsed from the date of
completion of the second term.
00149
Absence due to sickness , death of an immediate
family member or similar reason shall be
considered approved absences and shall not affect
the member ' s status .
In the event of long illness or other cause for
prolonged absence, the member shall be replaced.
PROPOSED AMENDMENT(S) :
2 . 2 .4 TENURE
2.2.4 a. The tenure of office shall be three (3) years .
Mamba _aza_aligible__iat_tnaulminim€n ._hu_n
see ma_ oanagQuilta_inll_Igm. subject t o the
exclusion provided in 2. 2.4c. After two
consecutive terms a member shall be ineligible
for reappointment until one calender year has
elapsed from the date of completion of the
second term.
2. 2.4 b. Appointments shall be made so that one-third
of the terms expire in__Egb r,QaLy__QL__gQQl1
allanAgz_XgatJ.
2. 2 .4c Appointments made to fill vacancies shall be
for the unexpired term and_ahall__n2L__he
awanlnd__aa_a_lcxm_.in_daiatmining__aligitility
lQt_zaansainimgni�.
2.2.4 d. Attendance at the regular meetings of the
Board shall be considered a prerequisite for
maintenance of membership on the Planning
Board. The Board of County Commissioners may
declare a vacancy on the Planning Board
because of a member ' s non-attendance.
2. 2.4 e. Absence due to sickness , death of an immediate
family member or similar reason shall be
considered approved absences and shall not
affect the member ' s status . In the event of
long illness or toper cause for prolonged
absence, the member shall be replaced.
*******************
ORDINANCE REVIEW COMMITTEE: DATE
DATE _
PLANNING BOARD (PRELIMINARY REVIEW) DATE _.2 4
BOCC (ADVERTISEMENT) : DATE 2-3.26_,_
0)01 5()
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 24, 1986
Action Agenda
Item #
SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS
*******************************************x4*******************************
DEPARTMENT: PLANNING PUBLIC HEARING: X Yes_No
***************************************************************************
ATTACHMENTS:Proposed Text Amendments CONTACT: Marvin Collins
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 967-9251
Durham 688-7331
Mebane 227-2031
***************************************************************************
PURPOSE: To receive public comment on proposed text
amendments to the Subdivision Regulations .
NEED: A concern has been identified by the Board of
Commissioners , Planning Board and Planning Staff
regarding the lack of provision of recreation
space or payment-in-lieu for new subdivisions .
The proposed amendments address this concern, add
provisions set forth guidelines for creating
homeowners ' associations for maintenance
purposes , and bring existing standards regarding
provision of school sites into accord with
statutory provisions.
IMPACT: The proposed text amendments , if approved, would
provide for recreation space and school sites in
new subdivisions , and establish guidelines for
the creation of homeowners ' associations .
RECOMMENDATION: Approval of amendments .
1
i.J0151
PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT
SECTION IV—B-7 SITES FOR PUBLIC USE
SECTION V IMPROVEMENTS
ISSUE: Section IV—B-7—b of the Subdivision Regulations contains
no requirements regarding dedications and/or
reservations of park and recreation areas other than the
Planning Board shall approve such sites as to Location ;
size and suitability . Sites can only be required
through the Land Use Intensity System [Recreation Space
Ratio] contained in Articles 5 and 6 of the Zoning
Ordinance . The provisions only apply in R-5 , R-8 and
R-13 zoning districts , Leaving R-1 , R-2, R-3 and R-4
districts with no requirements for recreation area . The
addition of recreation space requirements for all
districts as well as standards for their development
would insure adequate sites to serve all residents of
the County . Provisions for payment—in—lieu of
dedication would also allow developers an alternative to
dedication of sites .
The provisions of Section IV-13-7—a [School Sites]
indicate that such sites may be served in accordance
with G.S . 153A.-331 . Rather than referring an applicant
to a statute , the provisions should be Listed in the
Subdivision Regulations for clarity .
EXISTING ORDINANCE:
SECTION IV—B-7 SITES FOR PUBLIC USE [Attached]
SECTION V IMPROVEMENTS [Attached]'
PROPOSED ORDINANCE AMENDMENT :
SECTION IV—B-7 SITES FOR PUBLIC USE [Attached]
The proposed amendments would delete the existing
provisions in their entirety and substitute the new
provisions .
SECTION V IMPROVEMENTS [Attached ]
The proposed amendment would add a new paragraph to
Section V which contains provisions for maintenance and
responsibility of "private" facilities by homeowners '
association .
ATTACHMENTS : National Recreation and Parks Association Standards
Comparison — Application of NRPA and LUI Standards
•
EXISTING ORDINANCE PROVISIONS
• IV - B 7. SITES FOR PUBLIC USE, 00152
IV - B - 7 - a. School Sites
IV - B - 7 - a - 1. Proposed dedications for School sites
shall be approved as to location, size and
suitability by the appropriate School Board.
IV - B - 7 - a - 2.- School sites may be reserved in. accord-
ance with N. C. G. S. 153A-331. Whenever
a .subdivision which includes part or all of
a school site to be reserved in accordance
with N. C. G. S. 153A--331 is submitted for
• approval, the Planning Board shall immediately
• 'notify the appropriate board of education.
The board of education shall promptly decide
if it wishes the site to be reserved and
shall notify the Planning Board of its de-
cision. If the board of education does not
wish the site to be reserved, no site may
be - reserved. If the board of education
does wish the site to be reserved, the sub-
division may not be approved without the
reservation. The board of education must
acquire the site within 18 months after the
• - date the site is reserved, either by purchase
or by excercise of the power . of eminent domain.
If the board of education has not purchased
the site or begun proceedings to condemn the
site within the 18 months , the subdivider
may treat the land as freed of the reserva-
tion.
IV - B - 7 - b. Proposed dedications for parks , playgrounds,
and open spaces for public use shall be approved
as to location, size and suitability by the
Planning Board. The approval of a Final Plat
with an approved dedication shall not be deemed
to constitute an acceptance as provided in Section
III Subsection E-2 herein.
31 --
00153
PROPOSED AMENDMENTS TO ORANGE COUNTY
SUBDIVISION REGULATIONS
IV-B-7. SITES FOR PUBLIC USE
I V-B-7-a ahaal_Si ial
IV-B-7-a-1 . A2ulig$bilit. i
In every subdivision, school sites may be reserved in
accordance with the adopted Land_ u_UUQn for Orange
County. For authorization to reserve school sites to
be effective, the Board of Commissioners , prior to the
adoption of the Land__E .a__Plan or any amendment
thereto, shall have jointly determined with the Board
of Education having jurisdiction over the area, the
specific location, size and suitability of each school
site to be reserved. All sites so designated shall
appear in the LansLag_Elan.
1V-B-7-a-2 . 4athQS1_Qt_ggsgLY&tiQn
Whenever a subdivision which includes part or all of a
school site to be reserved is submitted for approval ,
the Planning Board and the Board of Commissioners
shall immediately notify the Board of Education having
jurisdiction over the area. The Board of Education
shall promptly decide whether it wishes the site to be
reserved and shall notify the Planning Board and Board
of Commissioners of its decision. If the Board of
Education does not wish the site to be reserved, no
site may be reserved. If the Board of Education does
wish the site to be reserved, the subdivision may not
be approved without the reservation and without the
school site being designated on the subdivision plat
as such.
The Board of Education must acquire the school site
either by purchase or by exercise of the power of
eminent domain within eighteen (18) months after the
date the site is reserved. If the Board of Education
has not purchased the site or begun proceedings to
condemn the site within the eighteen ( 18) months , the
subdivider may treat the land as freed of the
reservation.
00154
ORIGINAL DRAFT: 10-8-85
REVISED: 1-9-86
1-22-86
1-30-86
IV-B-7-b iii
�QQLQaQn_ALgaa
IV-B-7-b-1 . AR�li�abililX
Every person, firm or corporation who subdivides land
for residential purposes and/or non-residential
purposes shall be required to provide or dedicate a
portion of such land for the purpose of recreation
and/or open space areas to serve the residents and/or
occupants - of the subdivision, and to preserve
significant natural features and/or cultural
resources . In all eases, the Recreation and Parks
Advisory Council shall review and make recommendations
to the Planning Board and Board of Commissioners on
the provision or dedication of recreation and/or open
space areas .
IV-B-7-b-2 . Dimana anal_8aq,lliremen i s
The total land area provided or dedicated as part of a
residential subdivision shall be equal to at least the
number of square feet derived by the following
formula:
S.F. = N X P X R
Where S.F. = Area , in square feet , of the land
required to be dedicated for recreation
purposes in the subdivision;
N = Number of lots or dwelling units
proposed in the subdivision;
P. = Average family size according to the
latest decennial census for the
township in which the subdivision is
located;
R = A ratio equivalent to 0. 01050 or 10. 50
acres of developed open space per 1 , 000
population recommended by the National
Recreation and Parks Association (NRPA)
as the upper limit of the minimum
standard for establishment of a "core"
system of parklands .
or by application of the provisions of Article 5. 1. 1
(Required Minimum Recreation Space Ratio) and Article
6 .12 (Land Use Intensity System) of the Orange County
001 55
Zoning Ordinance ,. whichever results in the greater
amount.
The total land area provided or dedicated as part of a
non-residential subdivision shall be determined by an
analysis of the site, the uses(s ) to be located
thereon and the designation of recreation and/or open
space sites as shown on the adopted Land Use Plan.
The site analysis shall be prepared by the applicant
and shall identify in written and graphic form those
areas characterized by steep slopes (15% or greater) ,
flood plains and wetlands , rock outcroppings , mature
woodlands (trees of 18 inches or greater in diameter) ,
existing structures and cemeteries , and lakes , ponds ,
rivers and other water resources . A written graphic
description shall also be submitted by the applicant
which identifies the proposed use of each lot in the
subdivision, the approximate amount of building and
parking coverage for each lot , and the approximate
number of employees associated with each use. In no
case , however , shall the total land area be less than
that required by application of the provisions of
Article 5. 1 . 2 (Required Minimum Pedestrian/Landscape
Ratio) and Article 6.12 (Land Use intensity system) of
the Orange County Zoning Ordinance.
IV-B-7-b-3 . ai l_auitahi1iL
Land provided or dedicated for active recreational
purposes shall be of a character, slope and location
suitable for use as for play areas , tennis courts ,
multi-purpose courts , picnic areas , ballfields and
other similar recreation uses. Active recreation
areas shall be located on land that is relatively flat
( 0 to 7-1/2% slopes) , free of wetlands and/or flood
plains , free of easements for public utility
transmission lines, and is otherwise capable of
accomodating active recreation uses.
Land provided or dedicated for passive recreation and
open space purposes shall be of a character , slope and
location suitable for use for walking, jogging,
reading and similar quite activities , and the
preservation of natural features and cultural
resources such as steep slopes , rock outcrops , native
plant life and wildlife cover , mature woodlands and
water resources.
In all cases , active and passive recreation sites as
well as open space areas designated on the adopted
Land Use Plan shall be incorporated into the design of
the subdivision.
001 56
Criteria for evaluating suitability of proposed
recreation areas shall include but not be limited to
the following:
(a) L2221iQ12. Land provided or dedicated for
recreation purposes shall be located so as to
serve the needs of the immediate residents of the
subdivision. Recreation areas shall be centrally
located so as to provide, insofar as possible ,
equal accessibility to all residents of the
subdivision; provided, however, recreation areas
may be approved in other locations where land
more suited for recreational purposes due to
shape, level slopes and/or dry soil conditions is
present .
(b) 1In.iy. Land provided or dedicated for recreation
purposes shall be a single parcel except where it
is determined that two (2) or more parcels are
suited to the needs of a particular subdivision.
The Planning Board may recommend, and the Board
of Commissioners may require, the provision or
dedication of a connecting path in addition to
the land required in Section IV-B-7-b-2 of this
Ordinance. Where a connecting path is necessary,
a path of up to fifty (50) feet in width may be
required, but in no case shall the path be less
than thirty (30) ' feet in width.
(c) LeaeasibilitY= Land provided or dedicated for
recreational purposes shall have at least fifty
(50) feet of frontage on at least one (1) street
within the subdivision.
Where a recreation area is centrally located with
respect to the residents of the subdivision but
is not accessible due to lot arrangement , the
Planning Board may recommend, and the Board of
Commissioners may require, the provision or
dedication of connecting paths which link the
recreation area with other streets within the
subdivision. (see figure below) Connecting
paths so required shall be in addition to the
land required in Section IV-B-7-b-2 of this
Ordinance. Connecting paths of up to fifty (50)
feet in width may be required but in no case
shall the paths be less than thirty (30) feet in
width.
��� ��`+fir ac�i�si "f Connecting
if �� ,�� Paths•
‘4.- opte van192
IV-B-7-b-4. 5.111.rinlu2lamania
Improved active recreation areas are to be provided
for the residents of the subdivision unless a
determination is made by the Planning Board and the
Board of Commissioners that the active recreation
needs of the residents can be met by other facilities
in the same general area. In making such
determination, the Planning Board and Board of
Commissioners shall consider the location and type of
active recreation facilities existing within a one-
half (1/2) mile radius of the boundaries of the
proposed subdivision, whether the facilities are
public or private in nature, and whether the
facilities would be available for use by the residents
of the proposed subdivision.
When choosing improvements for a recreational area,
the anticipated characteristics and needs of the •
residents shall be considered in conjunction with the
size of the development , any physical constraints
posed by the site , and the availability of other
improvements within the same general area as the
subdivision. As an example , the existence of a multi-
purpose court in an adjacent , existing subdivision and
the availability of the facility for use by residents
of the proposed subdivision may indicate to the
applicant that another facility, such as a tennis
court , would be more appropriate. Recreation
facilities which are suitable for various age groups
include, but are not limited to those shown on the
following pages. Trash receptacles shall be provided
for all recreational areas regardless of the number
and type of other improvements located thereon.
) O158
RECREATION FACILITY DEVELOPMENT STANDARDS
AGE GROUP FACILITY RECOMMENDED RECOMMENDED RECOMMEND
SPACE SIZE AND ORIENTATION
REQUIREMENTS DIMENSIONS
Families Tot Lot 2, 000-4,000 Enclosed play None specified
1 . Enclosed play sq. ft. area of 21 sq. ft .
area with play per family. Turfed
apparatus and sand box. area and shaded
2. Open, turfed area area of at least
for active play. 40 sq. ft . each.
3 . Shaded area for
quiet activity.
Families Basketball Court 4,400-8, 000 46 ' x 74' to Long axis
Adults sq. ft . 50 ' x 94' north-south.
Court dimensions
with 5' unobstruct-
ed space on all
sides.
Families Badminton Court 1 , 500-2 , 600 Singles-17' x 44 ' Long axis
sq. ft . Doubles-20 ' x 44 ' north-south.
with 5' unobstruct-
ed space on all
sides .
Families Tennis Courts 6 ,200-8,400 36 ' x 78 ' with Long axis
Adults sq. ft . 12 ' clearance north-south.
Senior on both sides;
Citizens 21 ' at both ends .
Families Volleyball Court 2 , 800-4, 000 30'x60 ' with Long axis
Adults sq. ft . 10 ' clearance north-south.
on all sides .
Families Soft Ballfield 1. 5-2 . 0 Baselines-65 ' Locate home
Adults acres Pitching dis- plate so
tance 40 '-46 ' pitcher throw-
Field radius ing across sun
from plate- and batter not
275 ' between facing it .
foul lines. Line from home
plate through
pitchers mound
runs east-
north -east .
U +J15gi
Families Soccer Field 1. 7-2.1 195 ' to 225 ' x Fall season-
acres 300' to 360 ' long axis
with 10' minimum northwest to
clearance on all southeast ; for
sides . longer
periods , north
to south.
Families Handball Court 1 ,000 sq. ft . 20 ' x 40 ' - Long axis
Adults (3-Wall ) Minimum of 10 ' to north south.
rear . Minimum 20 ' Front wall at
overhead clear- north end.
ante.
Families Swimming Pool 0. 5-2. 0 Minimum of 27 sq. None-although
Adults acres ft . of water sur- care must be
Senior face per swimmer. taken in
Citizens Ratio of 2:1 deck siting of
vs . water. lifegard
stands in
relation to
afternoon sun.
Families Pedestrian paths None Well defined head None
Adults room with maximum
Senior 10' width. Maximum
Citizens average grade 5%,
not to exceed 15%.
Path width 6 ' -8' .
Senior Shuffleboard 570 sq. ft . 10 ' x 52 ' with Long axis
Citizens 2 .5' clearance at north-south.
both ends ; 2'
clearance on both
sides.
Senior Horseshoes 240 sq. ft . 6 ' square pitchers Long axis
Citizens box. Steel stakes north-south.
1" diameter, 14"
above ground,
spaced 40 ' apart .
Senior Croquet Court 1 , 800 sq. ft . 25 ' x 55 ' playing Long axis
Citizens area with 2. 5' north-south .
clearance on all
sides.
_)0.160
Families Park bench, One (1) Minimum table None other
Adults picnic tables and picnic table dimensions - than provision
Senior grills and trash per 50 36"Wx72"Lx30"H. of shading for
Citizens receptacles residents Tables , benches picnic tables
50 sq. ft . of and other similar and benches .
land per facilities securely
table. anchored to ground.
Families Picnic shelter One (1) open Minimum shelter None .
Adults structure shelter per dimensions -
Senior 60 residents 20 'x30' with
Citizens minimum of ten ( 10)
picnic tables and
accompanying benches
located therein and
securely anchored to
ground. Fireplace shall
be installed at one end.
00161
In addition to land provided or dedicated for active
recreation purposes , sufficient area shall be provided
to make available a minimum of five (5) off-street
parking spaces for the first two (2) acres of each
recreation site and one (1) space for each additional
acre thereafter.
Where any of the following facilities are also
provided, off-streets parking as required shall be
provided in addition to the general standard above.
Swimming pool One (1) space for each
five ( 5) patrons
Soccer and ball fields Eight (8) spaces per
acre
Tennis/handball courts Two ( 2) spaces per
court
Picnic Shelter area One ( 1 ) space for each
ten (10) patrons.
Each off-street , parking space shall be a minimum of
nine ( 9) feet in width and eighteen (18) feet in
length. A minimum back-up aisle of twenty four (24)
feet in width shall be provided for access to and from
each space. Bay parking is prohibited, and entrance
to and exit from each parking area shall be by forward
motion of the vehicle. One ( 1) of the parking spaces
provided must be barrier-free and identified for use
by individuals with physical disabilities .
Handicapped spaces shall be at least twelve (12) feet
in width and shall be designed as follows :
(a) So that handicapped individuals are not
compelled to wheel or walk behind parked
cars :
(b) So that handicapped individuals can get into
and out of an automobile unto a level
surface, suitable for wheeling and walking;
and
(c) In conjunction with sidewalk cut-sways
and/or ramps , not exceeding five percent
(5%) slope.
IV-B-7-b-5. Maihstl_Qi_asuilian_QZ_Dedia8` .ian
Land provided or dedicated for recreation area as
required by this Ordinance shall be designated on both
00162
the preliminary and final plat ( s ) of the subdivision.
All land that is designated must be provided or
dedicated under one of the following methods.
(a) The land must be dedicated to an appropriate
public body as publicly-owned and maintained.
Where recreation areas are so dedicated, they
shall be subject to acceptance by the public
body. A determination as to the appropriate
public body shall be made by the Board of
Commissioners , upon recommendation from the
Recreation and Parks Advisory Council to the
Planning Board.
(b) The land must be conveyed to the trustees
provided in an indenture establishing an
association of homeowners . The recreation area
must be conveyed to the trustees subject to
covenants and easements to be approved by the
Planning Board and Board of Commissioners and
which provide for the continued maintenance and
control of the recreation area in a manner which
assures its continuing use for its intended
purpose.
If the recreation area is conveyed to a
homeowner ' s association, the subdivider shall
file a declaration of covenants and restrictions
in accordance with the provisions of Section V of
this ordinance.
IV-B-7-b-6. PAXmania_in_Liau_Qf_,DtsligaIiQn
Any subdivider required to provide or dedicate
recreation area pursuant to this Ordinance may, with
the approval of the Board of Commissioners , make a
payment in lieu of provision or dedication or make a
combination of land provision or dedication and
payment . Before approving a payment in lieu of
dedication, the Board of Commissioners shall find that
no recreation and/or open space sites have been
designated on the Land Use Plan for the property in
questioin and that the active recreation needs of the
residents of the proposed subdivision can be served by
existing facilities (see Section IV-B-7-b-4) or there
are no areas within the proposed subdivision deemed
suiable for active recreation purposes by reason of
excessive slopes , flood plains and other environmental
features.
A payment in lieu of provision or dedication shall
equal the number of acres required to be provided or
dedicated multiplied by the expected fair market value
of the land after development of the subdivision and
0016' 3
with required site improvements . Fair market value
shall be determined by an appraisal , done at the
expense of the subdivider , by a qualified individual ,
subject to the terms and conditions of the next
paragraph in the event the Board of County
Commissioners notifies the subdivider that it does not
agree with the appraisal provided by the subdivider .
All payments received by the County pursuant to this
section shall be placed in a Park and Recreation
Improvement Fund to be established by the Board of
Commissioners. Such funds shall be used only for the
acquisition or development of park , recreation or open
space sites which will serve the residents of the
proposed "subdivision and for which the payments are
made. All payments in lieu of provision or dedication
shall be due prior to the approval of the final plat
of the subdivision or any pahse thereof.
In the case of disagreement between the County and the
subdivider as to fair market value, such determination
shall be made by a special appraisal committee made up
of one (1) professional appraiser appointed by the
subdivider , one (1) professional appraiser appointed
by the Board of Commissioners , and one ( 1)
professional appraiser agreed upon by the two ( 2)
appraisers appointed by the subdivider and the Board
of Commissioners . The committee shall view the land
and hear the contentions of both the County and the
developer. The findings of the committee shall be by
majority vote and shall be certified to the Board of
Commissioners within thirty (30) days of the date of
appointment of the third member of the committee. The
costs of the committee shall be borne by the
subdivider .
- 00164
- m g 0
LII >
DI In C
aaoo .
= CD- ch 3
• .0o ( = -
• �
g CD m
eft : a' m2a,
03 • ti -
. This classification system is intended to serve as a dude to planning—not as an absolute blue-
print Sometimes more than one component may occur within the same site (but not on the same parcel
of land), particularly with respect to special uses withine regional park. Planners of park and recreation
systems should be careful to provide adequate land for each functional component when this occurs. •
NRPA suggests that a park system,at a minimum, be composed of a"core"system of parklands,with'
a-total of 6.25 to 10.5 acres of developed open space per 1,000 population.The size and amount of
. "adjunct"parklands will vary from community to community, but must be taken into account when con-
sidering a total,well-rounded system of parks and recreation areas -
COMPONENT USE SERVICE AREA DESIRABLE SIZE ACRES/1,000 DESIRABLE SITE
POPULATION CHARACTERISTICS •
A. LOCAL/CLOSE-TO-HOME SPACE:
Mini-Park Specialized facilities Less than'b-mile 1 acre or less 0.25 to O.5A Within neighbor-
that serve a concen- radius. hoods and in close
Crated or limited pop- proximity to apart-
viatica or specific ment complexes,
group such as tots or townhouse develop-
.
• senior citizens. tent or housing.for
the elderly.
Neighborhood Area for intense rec- 'h to%-mile radius 15+acres 1.0 to 2.0A Suited for Intense
Park/Playground reational activities, to serve a population development Easily
such as field games, up to 5,000 to accessible to neigh-
court games,crafts, neighborhood). borhood population—
playground appa- geographically
taws area.skating, centered with safe
picnicking,wading walking and bike ac-
pools,etc. Bess.May be devel- -
oped as a school-
park facility. _ -
Community Park Area of diverse en- Several neighbor- 25+acres _ 5.0 to BOA May include natural
vironmental quality. hoods. 1 to 2 mile features,such as
May include areas radius. water bodies,and
suited for intense tee- areas suited for in- - -.
reational facilities, tense development.
such as athletic corn- Easily accessible to
plexes,large swim- neighborhood served.
ming pools.May be
an area of natural _
quality for outdoor
recreation,such as ■
walking,viewing,
sitting.picnicking.
May be any combina-
tion of the above,
depending upon size '
.- ati ahilihr and corer
a. _ `l . 1 V V
& REGIONAL SPACE: `
Regional/Metrm Area of natural or Several communities. 200i-acres 5.0 to I OAA Contiguous to or
pakten Park omarnental quality. 1 hour driving time. encompassing
foroutdoor mama- manual resoure '-
lien.suds as Picnick-
ing, `
ing,boating,fishing, -•
awimming,camping. '
and trail uses;may .
include play areas. .
Regional Park Area of natural Several communities 1,000+•acres: Variable Diverse or unique
Reserve quality for nature. 1 hour driving time. sufficient area to err natural nnottrees,
oriented outdoor compass the resource such as lakes,
maa�dan.suds as to be preserved and streams,marshes, _
• • managed. flora,fame,top.
viewing.and studying -
wene.wildlife habi. - 09'3011f.•
tar.conservation. •
swimming,t ick Y_
hating.fishing,boat-
. in4,camping,and .
OM trees.May in-
dude active play -
are Generally,80%
ea. - -
• of the land is reserved'
for conservation and .
natural mounts mars` .
agement,with less
than 20%used for -
raaaadondevelopment. .
TOTAL REGIONAL SPACE■15.40 AMMO
C. SPACE THAT MAY BE LOCAL OR REGIONAL AND IS UNIQUE TO EACH COMMUNITY:
Linear Park Area developed fee No applicable Sufficient width to .Variable Built or natural•cor.
•one or more varying standard protect the resource ridors,such as util-
- -modes of recreational. and provide maxi. ity rights-o'-way,
. . travel,such as hiking, mum use bluff lines,vegeta.
Icing,snovrmobiiing, tion patterns,and
horseback riding, roads,that link other
eross0auntsy skiing. components of the
canoeing and pleasure recreation system or
•
driving.May include .community facilities,
active play areas. such as school.
(NOTE:any included libraries,commercial
for any of above corn- , areas,and other park
pentacle may occur in areas.
•
the"linear park.',
•
Special Use Areas for specialized No applicable Variable depending -Variable Within communities.
or single purpose ree- standard. on desired size.
reetional activities, - •
•
such as golf courses,
nature centers,mari
naS.zoos.Conserva-
tones.arboreta.die- ' -
play gardens,arenas,
outdoor theaters,gun
ranges,or downhill
ski areas,or areas that •-
preserve,maintain.
and interpret build- - '
•
mom.sites,and objects
•
of archeological sig. .
nificance.Also plazas .
or squares in or near
commercial centers,
boulevards.parkways. •
Conservancy Protection and man- No applicable Sufficient to protect Variable Variable,depending
agement of the standard. the resource. on the resource be-
natural/cultural en- ing protected.
vironment with rec-
reation use as a -
secondary objective.
COMPARISON — APPLICATION OF NRP-A AND LUI STANDARDS
ING DISTRICT AR, R- 1 R-2 R-3 R-4 R-5 R-8 R-13
7NUM LOT AKEA PER 40,000 SF 20,000 SF i5,000 SF 10,000 SF 7,500 SF 5,000 SF 81000 u
LLING UNIT
UIRED MINI.MUri — — — — .033 .039 .049
RLATION SPACE RATIO
T—BY—LOT DEVELOPMENT)
SR
SS RESIDENTIAL LAND 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC
A (G.L.A.)
VENTIONAL LOT — RE+QUIRED 3.3 AC 3.9 At 4.9 AC
10UH RECREATION SPACE
P x GLA — LUI)
UIRED MINIMUM RECREATION .019 .022 .025 .030 .036 .042 .052
CE RATIO (PLANNED
EILOPMI:N'i) — RSR
NNED DEVELOPMENT - 1 .9 AC 2.2 AC 2.5 AC 3.0 AC 3.6 AC 4.2 AC 5.2 AC
U l kE'D HI N INUM RECREATION
CE O'S]" x GLA — LUI)
IrIU�I NO. OV LO'T'S IN 92 185 246 370 493 740 1 .234 '
Olv1st011
AGE FAN[LY SIZE IN 2.68 2.68 2.68 2.68 2.68 2.68 2.68
GL COUN'T'Y ( 1980 CENSUS)
1IRED HIlirHUM RECREATION 2.58 5.21 6.92 10.41 13.87 20.82 34.72
L - NRPA (SF = NPR)
CD on 0.01050)
STED MINlhiUM RECREATION .026 .052 .069 . 104 . 139 .208 .347
!: RA'f IO (PLANNED DEVELOPMENT)
R
C ,
EXISTING ORDINANCE PROVISIONS
I)C01.6
- SECTION V. IMPROVEMENTS
Before a Final Plat of a subdivision shall
be approved, improvements shall be provided as
follows, or a security bond, or cash, or a
satisfactory, irrevocable letter of credit by an
approved institution and as approved by the Orange
County Attorney shall be posted with Orange
County by the subdivider to provide for the cvm-
. pletion of the required improvements. -
✓ - A. STREETS
✓ - A - 1. Grading and Paving - Street rights-of--
way shall be graded in accordance with the -
lines and grades shown on the approved Pre-
liminary Plan and in accordance with the
requirements of this ordinance and the
Department of Transportation.
✓ A - 2. Proposed Improvements - improvements, -
proposed by the subdivider, or required by
this ordinance, such 'as street pavement, curb
" and gutter and sidewalk, shall be construc-
ted in accordance with the standards and
requirements as provided in this ordinance
provided that where said improvements are to .
be constructed subsequent to the approval of
the Final Plat, plans and specifications for
said improvements shall be approved by the
appropriate agency and reference to said
improvements shall be made a part of the
Final Plat as provided in Section III, Sub-
section E -- 5 - d herein. -
•
•
33
11 1.17 -:
00168
PROPOSED AMENDMENTS TO ORANGE COUNTY
SUBDIVISION REGULATIONS
SECTION V. IMPROVEMENTS
Before a Final Plat of a subdivision shall be
approved , improvements shall be provided as follows,
or a security bond , or cash , or a satisfactory ,
irrevocable Letter of credit by an approved
institution and as approved by the Orange County
Attorney shall be posted with Orange County by the
subdivider- to provide for the completion of the
required improvements .
Where a neighborhood or homeowners ' association or
similar Legal. entity is to be responsible for the
maintenance and control of any improvements required
as part of subdivision approval , the subdivider shall
file with the Planning Department and record with the
final plat , a declaration of covenants and
restrictions, articles of incorporation and by--Laws as
approved by the County Attorney that will govern the
maintenance and control of such improvements .
Provisions shall include but not be Limited to the
following :
(a) The association shall be established before
any homes are sold and any building occupied ;
(b ) Membership shall be mandatory for each home
buyer and all successive buyers ;
(c) The association shall be responsible for the
Liability insurance , Local taxes and maintenance
of recreation and other facilities , including
streets and utility Lines ;
(d) The homeowners must pay their pro rata share
of the costs , and any sums Levied by the
association that remain unpaid shall become a Lien
on the individual homeowner ' s property which shall
be subordinate only to tax and mortgage Liens ;
( a) If all or any portion of the property held by
the association is being disposed of, or if the
association is dissolved , adequate recreation
space shall be deeded to Orange County or the
appropriate unit of local government to satisfy
the requirements for public recreation space under
Section IV—B-7—b of this Ordinance ;
( f) The owner of each dwelling unit or lot shall have
voting rights in the association ; and
0016( •
(g) The homeowners ' association shall be able to
adjust any assessments to meet changed needs .
Articles of incorporation shall be submitted in the
form in which they will be filed with the North
Carolina Secretary of State and , upon filing , a copy
of the articles of incorporation shall be provided to
the Planning Department .
•
•
0170
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 24, 1986
Action Agenda
Item # e)-1
SUBJECT: PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE AMENDMENTS
***************************************************************************
DEPARTMENT: PLANNING PUBLIC HEARING: X Yes_No
***************************************************************************
ATTACHMENTS:Proposed Text Amendments CONTACT: Marvin Collins
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 967-9251
Durham 688-7331
Mebane 227-2031
***************************************************************************
PURPOSE: To receive public comment on proposed text
amendments to the Flood Damage Prevention
Ordinance .
NEED: The Federal Emergency Management Agency has
notified Orange County of rules changes in the
National Flood Insurance Program floodplain
management criteria. The rule revisions became
effective January 1 , 1986 . Certain provisions
are not included in the existing ordinance. The
proposed amendments must be made and submitted to
the FEMA Regional Office by July 1 , 1986. The
proposed amendments and issue statements are
attached.
IMPACT: The proposed text amendments , if approved, would
bring the Orange County Flood Damage Prevention
Ordinance into compliance with changes in Federal
regulations.
RECOMMENDATION: Approval of amendments .
)017j.
PROPOSED ORDINANCE AMENDMENTS
ORDINANCE ELQQp_12651 E,_ERE.YEIJTIO_DIDII ANNE
REFERENCE: ALiiala_i_Eaatiaa... . .s_aat .ian_i..14-.ALl ial€...A__..._
Enzilan_l .__aeatian_ILA_
ORIGIN OF AMENDMENT: __STAFF PLANNING BD.___-,_BOCC
,.,_,_,.__PUBLIC__ OTHER EEDERAL_Q`4YEEI1MENT
STAFF PRIORITY RECOMMENDATION:__X__ 3IGH_____MIDDLE___ LOW
COMMENT: REQUI> _EQ$__COMELI,AI+IQE_Wi1 i.,._EINAL_EULE
EEILEIUM_TQAME_NATI WAL_ELWILINE AKE
PROGRAM___ NEIEi___ ASE T_.___CUITERIA
EFF EQTIYE_1=1=11...
EXPECTED PUBLIC HEARING DATE: 2-24-86
**********************
PURPOSE OF AMENDMENT: To bring the Flood Damage Prevention
Ordinance into compliance with recent
revisions to the Final Rule for NFIP
management criteria (SEE ATTACHED
SUMMARY - #3)
ISSUES/IMPACTS: Clarification of the requirements
regarding certification of compliance
with base flood elevation requirements .
Improvement of the administration of the
ordinance.
EXISTING ORDINANCE(S) :
ARTICLE 4 SECTION 4.3 QQnaiL1la .ian___Within___Elaadway___nnd
ElsaadwaX_ELingallaaiLiaitAl
Subsections (b) and (c)
(b) No new residential structure may be constructed and
no substantial improvement of a residential
structure may take place within any floodway fringe
unless the lowest habitat floor is elevated to or
above the base flood level .
(c) No new nonresidential structure may be constructed
and no substantial improvement of a nonresidential
structure may take place within any floodway fringe
unless the lowest floor ( including basement ) of the
structure or improvement is elevated above the base
flood level or flood-proofed so that below the base
flood level the structure, together with attendant
utility and sanitary facilities, is water tight
00172
with walls substantially impermeable to the passage
of water and with structural components having the
capability of resisting hydrostatic of hydrodynamic
loads and effects of buoyancy. A registered
professional engineer or architect shall certify
that the standards of this section are satisfied.
Such certification shall be provided to the zoning
officer as set forth in article 5.3(g) .
PROPOSED AMENDMENT(S) :
Revise Subsections (b) and (c) as follows :
(b) No new residential structure may be constructed and
no substantial improvement of a residential
structure may take place within any floodway fringe
unless the lawazi_ilastL.__in ,luding__taaemant,_11
(c) No new nonresidential structure may be constructed
and no substantial improvement of a nonresidential
structure may take place within any floodway fringe
unless the lowest floor ( including basement ) of the
structure or improvement is elevated above the base
flood alA a jQn or floodproofed so that below the
base flood level the structure, together with
attendant utility and sanitary facilities , is water
tight with walls substantially impermeable to the
passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall
certify that the standards of this section are
satisfied and_lhaia1.QadRtoQ 1.ag_ waihQd.a_lt . ,d_az1
adas1uate_IQ__hiil hataad_flaaSi_io r Qe s laci.aLtd_wi1]
h�_I�a�g__flQ Such certification shall be
provided to the zoning officer as set forth in
article 5.3(g) .
EXISTING ORDINANCE(S)
ARTICLE 4 Section 4. 5_1aohii&_HQaal
Subsections (b) and (c)
(b) All mobile homes located in the floodway after the
adoption of this ordinance shall be anchored to
resist flotation, collapse, or lateral movement by
providing over-the-top and frame ties to ground
anchors .
Specific requirements shall be that :
00173
1) over-the-top ties be provided at each end of the
mobile home, with one additional tie per side at an
intermediate location on mobile homes of less than
fifty feet and one additional tie per side for
mobile homes of fifty feet or more.
2) frame ties be provided at each corner of the mobile
home with four additional ties per side at
intermediate points for mobile homes less than
fifty feet long and one additional tie for mobile
homes of fifty feet or longer.
3) all components of the anchoring system be cable of
carrying a force of 4, 800 pounds , and
4) any additions to the mobile home be similarly
anchored.
(c) Mobile homes may be permitted in the floodway
fringe for new mobile home parks and mobile home
subdivisions ; for expansions to exisiting mobile
home parks and mobile home subdivisions ; for
existing mobile home parks and mobile home
subdivisions ; and, for mobile homes not placed in a
mobile home park or mobile home subdivision as long
as the following requirements are met :
1) stands or lots are elevated on compacted fill or on
pilings so that the lowest floor of the mobile home
will be at or above the base flood level ;
2) adequate surface drainage and access for a hauler
are provided; and,
3) in the instance of elevation on pilings : ( 1 ) lots
are large enough to permit steps ; (2) piling
foundations are placed in stable soil no more than
10 feet apart ; and, (3 ) reinforcement is provided
for pilings more than 6 feet above the ground
level .
PROPOSED AMENDMENT(S)
Revise Subsection (b) and (c) as follows :
(b) All mobile homes located in the floodway after the
adoption of this ordinance shall be gjgu. AA__nnd
anchored to resist flotation, collapse , or lateral
movement by providing over--the-top and frame ties
to ground anchors aL__Q .hezugggR .wall -unuh2Ling
ignhnigusa..
Specific requirements shall be that :
1 ) over-the-top ties be provided at each end of the
mobile home, with one additional tie per side at an.
1) 0.1 4
intermediate location on mobile homes of less than
fifty feet and one additional tie per side for
mobile homes of fifty feet or more.
2) frame ties be provided at each corner of the mobile
home with four additional ties per side at
intermediate points for mobile homes less than
fifty feet long and one additional tie for mobile
homes of fifty feet or longer.
3) all components of the anchoring system be cable of
carrying a force of 4, 800 pounds , and
4) any additions to the mobile home be similarly
anchored.
�.hgL�nnnh�lII���.�nhniQug��Ra�iiin��lII__�.$€__EFMA_�
manualp_IManntaailited_Hama_inalaliatianx_in_EIQad_kazarsi
Rla aa__a_na_mad.hada_lagnif d_in_aullaaalians__La_111
L11_an��2 L.
(c) Mobile homes may be permitted in the floodway
fringe for new mobile home parks and mobile home
subdivisions ; for expansions to exisiting mobile
home parks and mobile home subdivisions ; for
existing mobile home parks and mobile home
subdivisions ; and; for mobile homes not placed in a
mobile home park or mobile home subdivision as long
as the following requirements are met :
1) stands or lots are elevated la__1hn1__111_12ye j
LIslaz__Q1_1hg_mQhilg_bQmg_ia_giaxa, .gdi_I.Q or above
the base flood IIg3a.1jQn;
2) adequate surface drainage and access for a hauler
are provided; and,
3) in the instance of elevation on pilings : ( 1 ) lots
are large enough to permit steps ; ( 2) piling
foundations are placed in stable soil no more than
10 feet apart ; and, ( 3 ) reinforcement is provided
for pilings more than 6 feet above the ground
level .
EXISTING ORDINANCE(S)
Article 5 Section 5. 3 Dul.iaa_and_$ggaQngibiliiigg_Qi
thg_ZQning_aliaaz,..
(g) When flood-proofing is utilized for a particular
structure, the zoning officer shall obtain
certification from a registered professional
engineer or architect .
0015
PROPOSED AMENDMENT(S)
Revise Subsection (g) as follows :
(g) When flood-proofing is utilized for a particular
structure, the zoning officer shall obtain
certification from a registered professional
engineer or architect .ha,�.__�.hg_nan=L€fiid€nliai
ila atmataalag_aImmiutt—tuna .l__�.h€__Liold=ima acing
nti�.pia_in_Atlinln_4_�g�.�.isan_�.�.�.�1�
EXISTING ORDINANCE
ARTICLE 5 Section 5.4 Eggmit_EmalS�llrga_EQL_IIku� .1iL .l_TQ_Eg
Lsana t ad__In__Tha_Elaadwax_8nd_Eiriadway
Eting.
5.4 EE C I_E ED I_EQB.r.... ,'T.EE�TI�BEa__TQ__EE._LMaTEI2_IN_T.HE
EIQ412YYA� 8 D_EkQWBY_EEi aE
Application for a permit shall be made to the zoning officer .
Information requested on the application shall include all
information as provided for �on a building permit . In
addition the following shall be required:
(a) Plot plans drawn to scale showing the nature ,
location, . dimensions , and elevations of the area in -
question.
(b) Existing or proposed structures, fill storage of
materials ; drainage facilities , and the location of
the foregoing.
(c) Elevation in relation to mean sea level of the
lowest floor ( including basement ) of all
structures.
(d) Elevation in relation to mean sea level to which
any non-residential structure has been flood
proofed.
(e) A certificate from a registered professional
engineer or architect that a non-residential flood-
proofed structure meets the flood-proofing criteria
in Article 4, Section 4.3 (c) .
( f) Description of the extent to which any watercourse
will be altered or relocated as a result of
proposed development .
PROPOSED AMENDMENT:
ADD NEW SUBSECTION INCLUDED IN FEMA MODEL- FLOOD DAMAGE
PREVENTION ORDINANCE:. to clarify certification requirements
00176
(g) Provide a floor elevation or flood-proofing
certification after the lowest floor is completed.
Within twenty one calendar days of establishment of
the lowest floor elevation, or flood-proofing by
whatever construction means, it shall be the duty
of the permit holder to submit to the Zoning
Officer a certification of the elevation of the
lowest floor or flood-proofed elevation, whichever
is applicable, as built , in relation to mean seal
level . Said certification shall be prepared by or
under the direct supervision of a registered land
surveyor or professional engineer and certified by
same. When flood-proofing is utilized for a
particular building, said certification shall be
prepared by or under the direct supervision of a
professional engineer or architect and certified by
same. Any work done within the twenty one day
calendar period and prior to submission of the
certification shall be at the permit holder ' s risk.
The Zoning Officer shall review the floor elevation
survey data submitted. Deficiencies detected by
such review shall be corrected by the permit holder
immediately and prior to further progressive work
being permitted to proceed. Failure to submit the
survey or failure to make said corrections required
hereby, shall be cause to issue a stop-work order
for the project .
*******************
ORDINANCE REVIEW COMMITTEE: DATE
DATE
PLANNING BOARD (PRELIMINARY REVIEW) DATE _,.2=4
BOCC (ADVERTISEMENT) : DATE?-3-86
00177.
YMq
. Federal Emergency Management Agency
Washington, D.C. 20472
DEC 9 1985
MEMORANDUM FOR: CHIEF EXECUTIVE OFFICER
ry �
FROM Jef,.� S . Bragg
inistrator
decal Insurance Administration
SUBJECT Revisions to National Flood Insurance
Program Floodplain Management Criteria
On September 4 , 1985 , the Federal Emergency Management Agency ( FEMA)
published a Final Rule in the Federal Register which revises National
Flood Insurance Program (NFIP) floodplain management criteria (copy
attached ) . I appreciate the many comments provided by communities
on the Proposed Rule, which was forwarded to you on April 23 , 1985 .
Many of these comments have been incorporated into the Final Rule
and others will be considered in the future .
The Final Rule revisions become effective on January 1 , 1986 . In
accordance with §60 .7 of NFIP criteria, eligible communities Generally
have six months from the effective date of a regulation to revise
their floodplain management measures to comply with that new
regulation. However, because provisions in the Final Rule are
either as restrictive or less restrictive than the current
requirements which they replace, no further action is required by
you if your ordinance is already fully compliant with NFIP criteria.
You should review your floodplain management measures to ensure
that all provisions that have been revised in the Final Rule are
already covered in your existing ordinances . If one or more
provisions are not contained in your existing ordinances , you must
amend your floodplain management measures to incorporate the revised
provisions in the Final Rule and submit your amended ordinances
to the FEMA Regional Office responsible for your State by
July 1 , 1986 (see attached list) .
FEMA regards these changes in the Final Rule as significant
clarifications or improvements over the provisions that they replace .
Many were intended to address problems that communities have
identified in administering their floodplain management measures .
This is particularly true of the changes in §60 .3 (e) which apply to
communities with V-zones ( coastal high hazard areas ) designated on
their Flood Insurance. Rate Maps (FIRMs ) .• New standards for breakaway
•
0 017 8
- 2
walls at §60 .3 (e) (5 ) should be easier to administer than the current
general performance standard.
You should be aware that it is anticipated that additional revisions
to NFIP floodplain management criteria will become effective late
in 1986 . If your floodplain management measures are already compliant
with current NFIP criteria, you may wish to delay adoption of the
September 4, 1985 revisions until that time.
An attached sheet summarizes the changes in the Final Rule which
affect communities with specified types of flood data. If you have
questions regarding the Final Rule or any NFIP requirement or need
technical assistance of any kind, please contact the appropriate
FEMA Regional Office.
Attachment
01 79
SUMMARY OF CHANGES TO NATIONAL FLOOD INSURANCE PROGRAM
FLOODPLAIN MANAGEMENT CRITERIA CONTAINED IN THE
SEPTEMBER 4, 1985 FINAL RULE
Changes to NFIP criteria by type of community:
1 . Communities without Flood Hazard Boundary Maps ( FHBMs ) or Flood
Insurance Rate Maps ( FIRMS ) .
-No Changes.
2 . Communities with FHBMs or FIRMS .
a. §60 .3(b) ( 5 ) . Deletes "For the purpose of the determination
of applicable flood insurance risk premium rates" from the
requirement that communities obtain the elevation of the
lowest floor of new and substantially improved structures
in flood hazard areas . Lowest floor elevations must be
obtained in order to enforce local floodplain management
regulations . Communities should already have this
requirement in their ordinances or administrative procedures
and no changes should be necessary.
b. §60 .3(b) ( 8 ) . Replaces the specific mobile home tiedown
requirement in the current NFIP criteria with a general
performance standard. Mobile homes must now be elevated
and anchored to prevent flotation, collapse , and lateral
movement . Use of over-the-top or frame ties will continue
to be acceptable and you need not change your ordinances .
However, FEMA believes that there are other anchoring
techniques that are more effective or as effective in
resisting flood forces as over-the-top or frame ties .
FEMA' s manual , "Manufactured Home Installation in Flood
Hazard Areas, " published in September 1985 provides guidance
on these other anchoring techniques .
3 . Communities with FIRMS where base flood elevations have been
established.
a . Changes in item 2 above .
b . §60.3( c ) (4 ) . Modifies the current requirement that for
floodproofed nonresidential construction, a registered
professional engineer or architect certify that the flood-
proofing methods used are adequate to withstand flood
forces associated with the base flood. This requirement
has been modified to be consistent with revised language at
§60 .3(e ) ( 4 ) for Zones V1-30 . Although FEMA regards this new
()'1)1
V
- 2 -
certification language as an improvement over the provision
that it replaces, certifications based on the current
provision will continue to be acceptable and ordinances
need not be changed.
c . §60 .3 (c) ( 5 ) and ( 6 ) . Replaces the requirements that mobile
homes be elevated only on fill or on a specified piling
system with general requirements that the lowest floor of
the mobile home be elevated to or above the base flood
elevation. This change allows for the use of other elevation
techniques as provided for in the FEMA manual "Manufactured
Home Installation in Flood Hazard Areas ." If you do not
wish to allow the use of these other elevation techniques,
no ordinance changes are required.
4 . Communities with FIRMs on which Zones V, VE, or V1-30 ( coastal
high hazard areas ) have been identified.
a. Changes in items 2 and 3 above .
b. §60 .3(e) (2) . Replaces a requirement that the community
obtain the elevation of the top surface of the lowest floor
of all new and substantially improved structures in Zones
V, VE, and V1-30 with a requirement that the elevation of
the bottom of the lowest structural member of the lowest
floor be obtained instead. ' This change makes §60 .3 ( e ) ( 2)
consistent with the elevation requirement §60 .3(e ) ( 4 ) . You
should make this change if you have not already done so.
c. 560.3(e) (4 ) . Modifies the requirement in the current
regulations that a registered engineer or architect certify
that new or substantially improved V-Zone construction is
securely anchored to adequately anchored pilings or columns
in order to withstand velocity waters and hurricane wave
wash. The revised provision in the Final Rule reorganizes
and clarifies the basic elevation requirement of this
section and modifies the language of the certification
required by a registered professional engineer or architect .
If your ordinances contain provisions that meet the current
requirement, you do not need to amend your ordinance .
However, engineers and architects have indicated a reluctance
to make the as built certification required by the current
regulation. As a result, FEMA recommends that you incorporate
the revised language in your ordinance.
d . §60 .3(e) (5 ) . Replaces the current requirement on the use
of breakaway walls to enclose areas below the elevated floor
in V-Zones . The current requirement is a general performance
0 1 S i
- 3 -
standard that communities and others have indicated is
difficult to administer. The revised requirement in the
Final Rule establishes more specific performance standards
and limits enclosures to insect screening, open wood lattice-
, work, or breakaway walls that have a design safe loading
resistance of not less than 10 and no more than 20 pounds
per square foot. Stronger walls must be certified by a
registered professional engineer or architect . This change
is an expansion of the current general performance standard
and does not change the basic requirement that breakaway
walls be intended to collapse under stress without jeopardizing
the structural support of the structure. If your community
is having difficulties administering this general performance
standard, you should make this change at your earlist
convenience. FEMA suggests that you incorporate the language
in the Final Rule into your ordinance intact . In 1976
FEMA will be publishing a revised version of the Coastal
Construction Manual which will contain specific guidance
on how to design breakaway walls which meet the wall loading
criteria described above . Copies of this design manual
will be obtained by contacting the Natural and Technological
Hazards Division of the FEMA Regional Office servicing your
area (see attached Regional Office Listing) .
O r-}, 47 s D 7,672,0
, 2 y
Charles B. Elks, Director
Q Division of Marketing
MERINO
MOM MWEIMMW
norm Carolina Department of Agriculture James A Graham•Commissioner
William G.Parham,Jr.•Deputy Commissioner
February 17, 1986
Orange County Planning Board
Hillsborough, NC 27278
Dear Members of the Board:
The North Carolina Department of Agriculture has been
contacted by Mr. Tom Darnell in connection with the proposed
rezoning of the Buckhorn Jockey Lot and Farmer's Market, Route 2,
Mebane, at the intersection of I-85 and Buckhorn Road.
We are told that the rezoning would provide additional space
for farmers to sell produce and other farm products to the general
public.
There is always a need for farmers to have additional outlets
for farm products, especially fresh produce. During the peak
summer months at the State Farmer's Market in Raleigh, we have both
farmers and consumers waiting in line to get into the Market. The
Buckhorn Jockey Lot and Farmer's Market would appear to be in a
good location for a successful retail farmer's market.
This would certainly be beneficial to the farmers and consumers
in this area. We would encourage the Planning Board to take this
into consideration in making its decision.
Sincerely,
ly�y
etT4L Y_
Charles B. Elks
Director
CBE/bh
cc : Tom Darnell
I,ogTN.C4p
Dept. MA P.O. Box 27647, Raleigh, N.C. 27611 (919) 733-7887 uncap 6
_ ;j Oopor'�;r,ty A`t:rmat ve Action Employer [ ate. ''
ORANGE COUNTY COMMISSIONERS
106 EAST MARGARET LA
HILLSBOROUGH, N. C-
27278
MOSES CARET
BRE LLOYp
SHIRLEY N.MARSFlALL
NORMAN WALNCER
DON Wl1.LFIOIT
February 24", 1986
S. Craig Deal
Assistant Sedimentation Specialist
Land Quality Section
P.O. Box 27687
Raleigh, N.C. 27611-7687
Re: Revisions to the Orange County Soil Erosion and
Sedimentation Control Ordinance
Dear Mr. Deal :
The Orange County Board of Commissioners approved the re-
quested revisions to the Erosion Control Ordinance on Monday
February 24 , 1986 . A copy of the revised Ordinance and a
list of the revisions approved are included with this letter :
The Board of Commissioners requests that the Revised Ordi-
nance be presented to the North Carolina Sedimentation
Control Commission for consideration and approval at its
March 5, 1986 meeting.
-
Stncerely, 'r
41/T; td<f)(7
Donald Wilhoit , Chairman
Orange County Board of Commissioners
Enclosures
DIS TR16� ; p�:s,vFo.
DISTRIBUTED
State of North Carolina
Department of Natural Resources and Community Development
Division of Land Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James C. Martin, Governor Stephen G. Conrad
S. Thomas Rhodes, Secretary March 20, 1986 Director
Mr. Donald Wilhoit, Chairman
Orange County Board of Commissioners
106 E. Margaret Lane
Hillsborough, North Carolina 27278
Dear Mr. Wilhoit:
On March 5, 1986 the North Carolina Sedimentation Control
Commission approved the Revised Orange County Soil Erosion and
Sedimentation Control Ordinance as adopted locally on February 24, 1986
and submitted to the Land Quality Section. The ordinance was reviewed
by the staff of the Land Quality Section and determined to be consistent
with the minimum standards contained in the Model Local Ordinance for
Soil Erosion and Sedimentation Control.
The Commission appreciates your attention and efforts in this
matter and wishes to encourage you to continue to provide for the
effective local control of accelerated erosion and the prevention of
sedimentation resulting from land-disturbing activities.
S'
J`
cerely 42/4/ I
�
JosiJ N,ph A. Phillips, Chairman
Sedimentation Control Commission
Enclosure
cc: Mr. Warren Faircloth
Mr. Charles Gardner
Mr. Harlan Britt
Mr. Taylor Currin
Mr. John Holley
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833
An Equal Opportunity Affirmative Action Employer