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Agenda - 05-27-1986
ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD AGENDA JOINT PUBLIC HEARING TUESDAY, MAY 27, 1986 7:30 SUPERIOR COURTROOM NEW COUNTY COURTHOUSE HILLSBOROUGH, N.C. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1 . Matters on the Printed Agenda 2. Matters not on the Printed Agenda C. PUBLIC BEARINGS 001 1 . Pantry Area Plan 003 2. Z-6-86 James M. and Myra Kirkman 029 3. PD-2-86 Heartwood 073 4. Subdivision Regulations Amendments a. Section IV Sub-section IV-B-5 Lot Layout (Cluster Developments) b . Section II Definitions (Cluster Development) c. Section iV Sub-Section IV--B-7 (Recreation Standards d. Section IV Sub-section iV-B-8 (Landscaping and Buffer Standards) 139 5 . Zoning Ordinance Amendments a. Article 6 Section 6.2 (Cluster Development) b . Article 22 Definitions (Cluster Development) c. Article 5 Section 5 . 1 . 1 (Minimum Residential Recreation Space Standards) d. Article 5 Section 5. 1 .2 (Minimum Non- Residential Landscaping Standards) (ERROR - NO PUBLIC HEARING TO BE HELD) e. Article 7 Section 7.2.8 ( Initiation of Planned Development Rezoning Construction Activity) f. Article 6 Section 6.21 .2 ( individual Mobile Homes Screening/Skirting) g. Article 22 Definitions (Skirting) h. Article 8 Section 8.4.2 and 8.4.6 (Special Use Permit Application Review Periods) I . Article 8 Section 8.4 (Pre-application Meeting for Special Use Permit Applications) J . Article 7 and 8 (Consolidation of Provisions) D. ADJOURyMEjIT 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27, 1986 Action Agenda Item if SUBJECT: PANTRY AREA STUDY *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEAR 1 NG:_X_Yes„_,..No *************************************************************************** ATTACHMENTS: Draft Area Study CONTACT: Marvin Collins (SEPARATE ATTACHMENT) TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 *************************************************************************** PURPOSE: To consider the draft Pantry Area Study Land Use Plan based on recommendation of the Hillsborough Township Advisory Council , Hillsborough Planning Board and citizen comments provided in a questionnaire. NEED: Development applications received and subsequently approved indicate a need for review of the County's Land Use Plan for the area. Such a review, including the participation of the Town of Hillsborough, will insure that subsequent developments are in accord with municipal and County objectives. IMPACT: Adoption of the Draft Land Use Plan would establish development standards for the transition areas and additional protection for environmentally sensitive areas . RECOMMENDATION: Adoption of the Pantry Area Study as submitted . 001 ORANGE COUNTY 003 - BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date MAY 27, t986 Action Agenda SUBJECT: Z-6-86 JAMES AND MYRA KIRKMAN Item DEPARTMENT: PLANNING PUBLIC HEARING X YES No Attachment(s) information Contact.: SUSAN SMITH VICINITY MAP SUMMARY SHEET IMPACTS STATEMENT PLANNING STAFF FINDINGS APPLICATION AGENCY COMMENTS CERTIFICATE OF MAILING Telephone Numbers Hillsborough • 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive public comment on a proposed rezoning request submitted by James and Myra Kirkman. NEED: James and Myra Kirkman are requesting a rezoning for 1 . 18 acres of land located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S. 70 and Interstate 85 in Eno Township. The property is known as Lot 77B of Tax Map 25 for Eno Township. The parcel contains 1 . 18 acres or 51 ,400.8 square feet. The property is located within an area designated Twenty Year Transition and COmmercial -industrial Transition Activity Node in the Orange County Land Use Plan. The present zoning classification of the property is Rural Residential (R-1 ) . The application Is requesting the lot be rezoned to General Commercial - IV (GC-4) . IMPACT: Approval of the request would allow development of the full range of commercial uses at this location. Rezoning of the property would allow for the expansion of the commercial uses in the area as a single commercial development or, alternatively, through the subdivision of the property into 004 individual lots for commercial development dependent on the provision of public water and sewer services. See Impacts Statement for further information. RECOMMENDATION: The Planning Staff recommends approval of the general rezoning. 1.27 AC. 5A 1 •9273 4594 AC.CAI_. 4363 112.93AC.CAL. / \\\ JAC. f I /5076 .8942 .080 77 AC-CAL. 4 55 AC. 3 AC. CAL //B LIB` \�`\ 7�rOs0 B 24 I 2.44AC 2 6 1 BAC ' .69AC 4495 a c /l 4�3 71 — 74 t4 0519 74 5417 I/ _ SIG s311 \ \\ R►p�E a 4A �f .1371 ,92 !52 I 15.85 1.74 AC 51 2 0 25 Fu 26 1 AC 50 1.1AC. \ __ _---J'L— —_— I.S. 85 \ /i�r \\ �_ d C. • T9a3 3. G co - -86 JA�IES & MYRA i�! KlAN }3422 \��\ ��, 69 307 682355 5.6 A 67 2 C. 5.5 AC.CAL. PRESENT ZONE: R- 1 N �.£ PROPOSED ZONE : GC-4 ��\i ��\ 5203 LUP DESIGNATION: TRANSITION AREA 7 and ACTIVITY NODE �� �'� C`�.� Scale; 1' = 400" \��' MAP 26-35 82 r p� P/0 260.75 AC. 14 32 AC. _ 8684 0547 0 �� �£ 8639 81 . rrs 3660 �\\� fi AC. 83 84 4a,e�i:J 1 - 22 AC.CAL, g AC 439A . � ICAL C. 34 Nth TawNS�{t�p \\ 78 i5 AC, 19 8051 8161 � 49 Ar ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROIIGH 007 NORTH CAROLINA 27278 4e--? e MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: SUSAN SMITH, PLANNER III DATE: MAY 14, 1986 SUBJECT: Z-6-86 JAMES AND MYRA KIRKMAN GENERAL INFORMATION APPLICANTS: James and Myra Kirkman Route 2 Box 550 Durham, NC LOCATION:: Southwest quandrant of the 1-85 and US 70 interchange STATUS OF APPLICANTS: Owners REQUESTED ACTION: Approval of rezoning from Residential-1 (R-1 ) to General Commercial-IV (GC-4) PURPOSE: To allow development of a commercial establishment LOT SIZE: 1 . 18 acres or 51 ,400.8 square feet EXISTING LAND USE & ZONING: Vacant SURROUNDING LAND USES AND ZONING: North - Interstate 85 and US 70 interchange South - Vacant land zoned R-1 East - Commercial facilities including the Confederate Inn, Grouchosl Restaurant, Sample Case, and gas stations. All property zoned GC-4. West - Vacant land zoned R-1 and vacant and developed land zoned GC-4 LAND USE PLAN DESIGNATION/ZONING: Designated as Twenty Year Transition Area and Commercial - Industrial Activity Node. These land use plan categories allow for the full range of residential , commercial and industrial uses upon rezoning 008 to applicable districts. The property is currently zoned Residential -1 . 009 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: SUSAN SMITH DATE: MAY 20, 1986 SUBJECT: JAMES AND MYRA KIRKMAN REZONING DEVELOPMENT IMPACTS WATER AND WASTEWATER SERV[Q S The nearest water line to the area is a 16 inch line on Highway 70 from Durham down to the Durham Dog Kennel . The property is currently served by a drilled well and a septic system. The Orange County Health Department has approved the lot for an on site septic system conditioned on the installation of an upgraded system (SEE ATTACHED IMPROVEMENTS PERMIT) . The City of Durham has indicated a willingness to provide both water and sewer service to the property (SEE ATTACHED CORRESPONDENCE) . An 8 inch gravity sewer line is proposed to be constructed into Orange County from Durham in the late spring or early summer of 1986; however, this line is proposed to extend only to the intersection of U. S. 70 and N.C. 751 . ROADS/TRAFF M The property is located on a gravel state maintained access road leading to U.S. 70 at the southwest corner of the intersection of U .S. 70 and Interstate 85 . It has approximately 154 feet of road frontage on the access road . The latest traffic count information for US 70 is a 1982 NC DOT traffic count. This information indicated a count of 5800 trips per day on Highway 70 at the Durham County line. Traffic generated by development of the site could range from 54 trips per day for a 3000 square foot office facility to 112 trips per day for a 1500 square foot sit-down restuarant to 748 trips per day for a service station . FEBRUARY 5, 1986 PLANNING BOARD MEMO PAGE 2 ALLEN AND DORIS TURNER IMPACTS 010 POLICE, FIRE AND RESCUE SERVICES The Eno Volunteer Fire Department, Sheriff 's Department and Orange County Rescue Squad have all commented on police, fire and rescue service for this tract and have indicated their willingness to serve this lot with no problems. (SEE ATTACHED LETTERS) RELATIONSHIP BETWEEN LAND USE PLAN AND ZONING ORDININCE The property is located within the Eno-2 Commercial / Industrial Transition activity node and the Twenty Year Transition Area. The Commercial / Industrial Transition activity node designation corresponds with the full range of commercial and industrial zoning districts from Local Commercial-1 (LC-1 ) through Industrial -3 ( 1-3) . The Zoning Ordinance states that property to be designated GC-4 must have direct access to major collector streets, as designated by the adopted Land Use Plan. The access road which this property fronts on leads directly to U.S. 70 which is designated as an arterial in the Orange County Land Use Plan . Permitted Uses The purpose of the General Commercial IV (GC-4) district is to provide suitably situated and sized sites in Eno and Hillsborough Townships that allow a broad range of commercial , office and service uses. Rezoning of the site would allow for development of the property for those uses permitted by right or by special use permit. Those uses permitted by right or by special use permit in the GC- 4 district include: PERMITTED BY RIGHT 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) FEBRUARY 5, 1986 PAGE 3 011 PLANNING BOARD MEMO ALLEN AND DORIS TURNER IMPACTS 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 Electronic/Applicance 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 PERMITTED WITH THE I SSJJANCE_ OF A_ CLASS A SPECIAL USE PERMIT Residential Hotel (Fraternities, Sororities, Dormitories) Public Utility Substation Adult Uses Junkyards Waste Management Facility PERMITTED WITH THE_ ISSUANCE OF A CLASS B SPECIAL USE PERMIT Group Care Facility Portable Buildings Radio/Television Towers and Elevated Water Storage Tanks Transmission Lines Kennels/Riding Stables Recreational Facility (Non-Profit) err FEBRUARY 5, 1986 PAGE 4 0/2 PLANNING BOARD MEMO ALLEN AND DORIS TURNER IMPACTS Rezoning of the acres provides for development of the parcel for a single commercial or subdivision of the property into individual lots for development dependent on the availability of public water and sewer service to the site. Development of the lot(s) requires compliance of the applicable requirements of the zoning ordinance, including the Land Use Intensity System ( floor area, open space, ect. ) , landscaping and screening, parking, signage and the Major Transportation Corridor overlay rezoning districts. FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT' PERTAINING TO APPLICATION: JAMES AND MYRA DIRKMAN REZONING 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 FINDINGS BASED ON PLANNING BOARD Ordinance Requi rements SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS RECOMMENDED FINDINGS The application must comply with all requirements speci- fied in Article 20 - Amend- ments. Those requirements include: 20.32 a) Map snowing affected Yes No Site Plan provided at scale of I"=100' property at scale of not less Yes No than I '= 100" nor more than I '= 20' 20.3.2 b) Legal description of X Yes No property Description provided with application Yes No 20. 3.2 c) Explanation of alleged -_Yes No No error alleged error, if any, to be corrected by Yes No proposed amendment 20. 3.2 d) Changed conditions , if X Yes No Applicant cites adjacent non- any, which make amendment reasona- Yes No residential land uses and traffic bly necessary to promote public impacts resulting in the unsuitability health , safety and general welfare; of the property for residential use , 20° 3.2 e) Manner in which proposed X Yes No Property is located in a 20 Year amendment wilt carry out purpose Transition Area and Commercial/ Yes No and intent of adopted Comprehensive Industrial Node Plan, ARTICLE 4 DISTRICT STATEMENTS 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 designation. The applicatn has applied for a General Commercial-4 (GC-4) designation. The criteria for that district are set forth In Article 4.2. 10 and are as follows: 1 . The site is within an area X Yes 'lo The property is located within a L y designated as either Commercial 1 Yes No Commercial/Industrial Activity Mode. or Industrial Transition Activity Nodes, by the adopted Land Use Plan, in Eno or Hillsborough Townships. 2. Water and sewer mains exist at the X Yes No The City of Purham has indicated an Yes No site or are to be made available as willingness to extend public water and part of the development process or -sewer services to the site . The Orange County the lot size for individual uses are Health Iepartment has approved the on-site appropriate to the method of water septic system contingent on improvements supply and sewage disposal. system. to the 3. All property to be designated for new X Yes No The access road (SR1812) is ma intained development under this classification by NCDOT for a distance of approximately Yes No shall have direct access to major 154 feet along the frontage of the property. collector streets, as designated by This road leads to US 70 which is designated the adopted Land Use Plan, as an arterial In the Land Use Plan, 0 ORANGE COUNTY, NORTH CAROLINA - APPLICATION FOR CHANGE OF ZONING DISTRICT 015 • Date:. April 8 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 South side of S . (- Street/Road) between S .R.# U.S. 70 1812 R.R .# N.C. 10 . It is known as Lots) 77.8 ,, Block and Orange County Tax Map 25 - Endn � of of 15.36 feet Township . It has a frontage 51,401. 6 eet and a depth of 3 feet , and contains square feet or 1.18 acres . 2. It is desired and requested that the foregoing property be rezoned from Residential-1 to General Commercial-4 -3•- The .•folLowing- information has been .-attached --.in_ support of the application for changing the Zoning Atlas (o - required on all applications) . • *a. A fully dimensioned map at a scale of not less than one (1) inch+ - equals ono—hundred (100) feet nor more then one (1) inch equate twenty— (201 feat —ahowiirg----he Land which is proposed 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. (2) 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. *(3) The manner in which the proposed amendment will carry out the intent and purpose of the adapted 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 agencies (e.g. fire, 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 (5001 feet of the property sought for rezoning is attached. The List is current as of 4 /8 /86 - Metal I certify that all information furnished in this application is accurate to the best of my knowledge . / p p L i cant ( s ) : James M. & Myra Kirkman , 1- - r 4ddress : Ri- 2. Box_ 550 07 `9 Durham, NC 27705 / 'hone : 8 _8 3.b. 016 Property of James Michael Kirkman and wife, Myra McNeill Kirkman, more particularly described as follows: Beginning at an iron stake in the South right of way line of the East bound lane of U.S. Highway No. 70, a control monument, same being located on the South side of a service road and same being the corner of the Ken Gowin - Confederate Inn Motel property (said beginning point also being located South 14p 30' West 127.0 feet from a point at or near the center of said East bound lane of U.S. Highway 70), all as shown on the plat hereinafter referred to; thence from said beginning point along the said Gowin property line South 14 30' West 280.00 feet to an iron stake, a new corner; thence a new line North 65 01' West 208.05 feet to an iron stake, another new corner located South 51° 47' 22" East 61.37 feet from the Southeast corner of Lot No. 1 as shown on said plat; thence along the East line of the reserved 60 foot wide area shown on said plat North 26° 05' East 300.00 feet to an iron stake at another new corner, said point being in the South right of way line of said highway and being the Northeast corner of said reserved 60 foot wide area shown on said plat; thence counterclockwise along the curvature of said right of way line having a radius of 2984.79 feet an arc distance of 153.36 feet to the beginning point, containing 1.18 acres, more or less, and being designated as Lot No 2 according to plat of survey by Credle Engineering Co., Inc., dated August 6, 1985 entitled "Property of George W. Honeycutt", same being duly recorded in the Orange County Registry in Plat Book 43, Page 103. G/ S 264 ?b D1uR, 4AKl Y 017 ' ENCF 1 \ \ SERv/cE Romp \ (2z Z9 84. 9 L= X74. 59 � C - � 74. 38 CN �?\ `N 53°- Z4- 38` W�i. Io• t5 34,' CP 61 Y o oo ° Z iii Z Z l, / O , 7 • O e.4 NI co N t� I A. PI (� O I 1-6 r Co lY W kii 0 Z .9 0 G t. t8 z w 4. i- 37 ��N r45 8.__( -1‘j &Die /444acb,€,J. L foC7 . t � 0-7 A x. 18 A � 59.83 � Zog . 05 2 W & t, 37 ' N �5 - 2�' C'Eb FZC-3E or4 C.UTT pa 18n P A-Gc ¢ROPERTY of GEORGE. GUTT E. O TW P, 0RANCat Co SCALE 1 ":- 40 ' Aug-�. � X985 D u RH AVI N.C., O 4° ao 12b 146 ZOO Otl C r. The property is no longer suitable for residential use. We no longer feel our property is safe or healthy for our children, due to increased traffic resulting from the sale of adjacent property to a Paving and Heavy Equipment Refurbishing and Sales Firm. 020 3.c.(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan is as follows: The Property is located in the Eno-2 Commercial-Industrial Transition Activity Node; therefore it is an appropriate site for commercial or industrial uses. 021 3.c.(4) As indicated on page 3.10-2 of the Orange County Land Use Plan, sewer mains from the Town of Hillsborough and the City of Durham currently border Eno Township. "201" wastewater facilities plans prepared for these two municipalities call for future expansion of sewer lines into Eno Township. Also, it is expected that the Hillsborough system will expand into Eno Township to meet the need for public water. Durham city water lines now extend into Eno Township along U.S. No. 70 to within 1 mile of our property. �o�o R°v CITY OF DURHAM { • NORTH CAROLINA 022 Q =I8 69• a CARCW CITY OF MEDICINH TO WHOM IT MA.Y CONCERN: This is to advise that LEI City Water City Sewer is available to serve the property described as: --Ls-7 r r, 12 4 !(-__ t0.07 ; ✓ in accordance with City policies and procedures. • Sincerely, J Keane th E. Wry.: . , P.E., z .L.S. City Engineer KEW/lcp AN EQUAL.OPPORTUNITY/AFFIRMATIVE ACTION EMIRATE!' -.— ,....•,..,, . ■ FIGIALI fl IJ FMff I IYICIV I REFERENCE NUMBER DATE FIN C3716I IMPROVEMENTS PERMIT' 04. 16. 86 9893-71--2951 I MAP5,i FER 255.. . 77P RE4UESTEE FSIRKMAN JAMES MICHAEL IRKMAN JAMES MICHAEL RT 2 PDX 550 & MYRA MCN 2.- DURHAM NC 27705 RT 2 PDX 550 TELEPHONE: 471-5127 36 3- S,, J7 DURHAM NC 27705 PA :R LDiragFtOAD NEAR CONFEDERATE INN FEE: RECEIPT: 00 ������ SIGNATURE OF OWNER OR AUTHORIZED AGENT: CONFIRMED BY PLANNER I PLANNER 1 DATE 1 CLERK 4t8EDRMS .J DISPOSAL OTHER TYPE. SYS SZ. TANK SZ. CHAMP NITRIFI Ii00 1 OPER. REO REMARKS: 41 -k- �i . sPx 'The prow,.y 3 S CI i M�1ln�:s .MT be �s�r�l� S �cr b1 a- a r,'i(mot t/, ill" 7a 4 160 110-,,,, oviLait cry. /c/' • 14 ' cA,\Nell 001,10t1 did o /o�.1 Id ,y s 23'bIj . I 14 o,.sel \ �� _ 3 t Sol, / ' -9 _ 7-1 �. sdaeie6f; 7-21/ 1 chi's.. iNnevrr' -Z Z 7 -5 "7-3 7-2,1 -z z C/4iT 7v yQ-a f� ' :,.._ DATE. ISSUED 4--16--,5-G - SANITARIAN ,4;,,....g, DATE. APPROVED / -2:2 (1 SANITARIAN CO i a or, 4 6.,4,,E t ORANGE COUNTY HILLSBOROUGH 024 NORTH CAROLINA 27278 EMERGENCY SERVICES 106 EAST MARGARET LANE Established 1752 MEMORANDUM TO: Eddie Kirk, Orange County Planning FROM: Bobby Baker e . a Re: Commercial Zoning DATE: April 10, 1986 Commercial zoning of the property of James M. & Myra Kirkman, located on State Road 1812 off Highway 70 at the 1-85 Intersection, would pose no problem for Emergency Medical Services. This area currently receives emergency medical service from Orange: County Emergency Medical Services and Orange County Rescue squad. 025' April 9, 1986 TO WHOM IT MAY CONCERN: This is to attest that the property of James M. & Myra M. Kirkman described in the attached zoning request is located within the Eno Volunteer Fire Department's district. The property is within one (1) mile of the fire station. Commercial zoning of the property will not hinder fire protection. Eno Volunteer Fire Department LINDY PENDERGRASS 026 Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 April 8, 1986 Chapel Hill 942-6300 Residence Phone: 929-5535 To Whom It May Concen: WE, The sheriff's Department, have reviewed the request of Myra M and James Kirkman. Their request will have no adverse effect on this De._ .- , ..00.1111! 11°,17,/,440.1,0 y .," r ..e.,,e/4 ,............004— ,„„„„ i di/ OF ,!", ir Lindy Pen• =rgrass, - eriff ORANGE COUNTY PLANNING DEPARTMENT '027 HILLSBOROUGH NORTH CAROLINA 27278 4;..N y v c6...._ I ,„4-_.7 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA ' ,Susan J . Smith, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 13, 1986, I mailed, by certified mail , postage prepaid, a Notice of the Public Hearing to be held on the request from Japes and Myra Kirkman for a rozoning frpm Resjllenfial-I t9 General Commercial-IY 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 21st day of , 19$¢. SUSAN J . SMITH ZONING OFFICER 028 O R A N G E C .O U N T Y 029 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date MAY 27, 1986. Action Agenda Item UBJECT: PD-2-86 HEARTWOOD AT BLACKWOOD MOUNTAIN EPARTMENT: PLANNING PUBLIC HEARING X YES No ttachment( s) Information Contact: SUSAN SMITH ICINITY MAP UMMARY SHEET MPACTS STATEMENT LANNING STAFF FINDINGS PPLICATION GENCY COMMENTS ERTIFICATE OF MAILING Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 'URPOSE: To receive public comment on a proposed planned development rezoning and Class A Special Use Permit request submitted by Spence and Lyn Dickinson. TEED: Spence and Lyn Dickinson are requesting approval of a planned development rezoning and issuance of a Class A Special Use Permit for 35 .21 acres of land located west of Mill House Road (SR 1725) in Chapel Hill Township. The property is referenced as Tax Map 19 Lots 26A and 29 in Chapel Hill Township . The property Is located within an area designated Rural Buffer in the Orange County Land Use Plan . The present zoning classification is Rural Residential (R-1 ) . The applicants are requesting that the 35.21 acres or 1 ,533,747 .6 square feet be rezoned PD-H-R-1 .2 MPACT: Approval of the request would allow development of attached and detached single-family residential structures with an overall density of one unit per 40,000 square feet. See Impacts Statement for further information . ECOMMENDATION: The Planning Staff recommends approval of the planned development rezoning and Class A Special Use Permit request with the attached conditions of approval . a^, ^ !Ti - .,,t c r -.-.1.-- S` § '� ti•• Fri tiLl- I IC) ''''''' .'<-'- -* <'- 4,,o, .i.,,:ii..,.1::±..: cl r� as v!al "� '. I " I n 1. I ' m "*°- �I I �, a rP..l r1 -r A I c N : N 'h. O 4 ti LS Q SI C I'�; ••,1 P ni M I a IA z................- CO O _^ • � I i W PO 4a N W ti SIT A I I` s` 0 . , I'f, y •.air Al ., \\ M P I A OQ m . 1D r_I I I 0Q n ti O.. C I 4 . 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ORANGE COUNTY PLAT KING DEPARTMENT 033 HILLSBOROUGH NORTH CAROLINA 27278 / R'1I +� :F,7„I 1 aCa • MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: SUSAN SMITH, PLANNER III DATE: MAY 14, 1986 SUBJECT: PD-2-86 GENERAL INFORMATION APPLICANTS: Spence and Lyn Dickinson Route 8 Box 92K Mill House Road Chapel HiII , NC 27514 LOCATION: West side of Mill House Road (SR 1725) STATUS OF APPLICANTS: Owners REQUESTED ACTION: Approval of Planned Development-Housing- Residential -1 rezoning and Special Use Permit PURPOSE: To allow a planned development of attached and detached units providing for a total of 35 residential units and associated community facilities. LOT SIZE: 35 .21 acres or 1 ,533,747 .6 square feet EXISTING LAND USE: Vacant, wooded land SURROUNDING LAND USES AND ZONING: North - vacant, wooded zoned R-1 ; Blackwood Mountain Estates subdivision; proposed Emerson Waldorf School South - vacant land and low density residential land uses, zoned R-1 East - Mill House Road and the Southern Railroad; proposed Emerson Waldorf School 034 West - vacant, wooded land zoned R-1 ; property of the Chapel Hill Policeman 's Association; Blackwood Division of Duke Forest LAND USE PLAN DESIGNATION/ZONING: : Designated as Rural Buffer. This Land Use Plan category allows for the development of the site for residential use at densities not to exceed 40,000 square feet per unit. The property is zoned Residential-1 . 035 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: SUSAN SMITH DATE: MAY 20. 1986 SUBJECT: HEARTWOOD PLANNED DEVELOPMENT REZONING DEVELOPMENT IMPACTS WATER ANILWA5TEWATF11 SER LLCES A dual well community system is proposed as the water supply for the development . Mr. Hallisey of the N.C. Department of Human Resources Division of Health Services has indicated that a community system is appropriate for the development . His written comment identifies sites for the location of the wells (SEE ATTACHED LETTER) . Individual on-site wastewater systems are proposed for each unit. The Orange County Health Department has approved 27 of 35 requested septic system sites. The Health Department advises that careful attention must be made to assure adequate ownership, maintenance and repair responsibilities (SEE ATTACHED LETTER) . TRAFF I C/ROADS The site is served by an existing unpaved state maintained road Mill House Road (SR 1725) . The property is located approximately 4000 feet from NC 86 at Blackwood Station. A 1984 NCDOT traffic count indicated there were 150 trips per day on Mill House Road (SR 1725) . A 35 unit single-family residential development represents a traffic generation rate of 2 .5 times the current traffic load or approximately 336 additional trips per day on Mill House Road. (SEE TRAFFIC IMPACT STUDY FOR FURTHER INFORMATION) EQLICE,FIBE E iE_SERvIQU The New Hope Volunteer Fire Department , Sheriff ' s Department and Orange County Rescue Squad have all commented on police, fire and rescue service for this development and have indicated their willingness and ability to serve the property without problems (SEE ATTACHED LETTERS) . RECREATION FACILITIES Proposed recreation facilities include a community building 036 housing the homeowners ' association office, art and music facilities , meeting rooms, library, worship facilities , after school and summer camp facilties; pond and dock facility; outdoor amphitheater ; camping and picnic sites; tot lot ; hiking and riding trails; farm and stable; and community garden. All recreational facilities will be under the ownership and maintenance responsibilities of the Homeowners ' Association. aCROOL_F,ACILITIES Students from this development would attend Grady Brown Elementary School for grades K-5, Stanback Middle School for grades 6 and 7, Stanford Junior High School for grades 8 and 9 and Orange High School for grades 10 - 13. Although not commenting on the specific impacts of this development , Mr. Ira Trollinger, Assistant Superintendent for Instructional Services for the Orange County School District, has indicated that the Orange County School District is reaching capacity for instructional classroom space (SEE ATTACHED LETTER) . Using the proposed 35 dwelling units and a multiplier of .232 for two bedroom single-family units this development would generate an additional 8.12 school-age children. A private elementary school and day care facility known as the Emerson Waldor School is proposed for a ten acre tract recently subdivided from the property in question. Site and construction plans have been approved by the Planning Department and the N.C. Department of Insurance for the elementary school facility. An application for a Class B special use permit for the day care facility has been submitted for consideration by the Orange County Board of Adjustment . The day care facility must be approved by the N.C. following construction and prior to occupancy of the facility. $ELAT I ONEUI,g BETWE N,, E_FLA _AND_Z4 [I NG !ORDINANCE The property is located within the Rural Buffer. The Rural Buffer designation corresponds with the Residential-1 (R-1) zoning district . The property is also proposed as Rural Buffer on the proposed joint planning area plan. EEBUITTED_USEE The purpose of the Residential-1 - (R 1) zoning district is to provide for single-family residential development on minimum 40, 000 square foot lots. Uses permitted by right or special use permit within the R-1 district include: 037 Elmitted by Right, Single family dwelling Two family dwelling Mobile home Family care home Temporary mobile home Accessory uses Botanical gardens Bus shelters Church Protective services Parks Schools Universities, colleges Governmental facilities Water and sewer pumping stations Clubs Greenhouses (no on-premises sales) Greenhouses (on-premises sales) Commercial feeder operation Recreational facilities (profit/non-profit) Permitted will the Issuance cif a Class A Special Use perj Airport Landfill Public utility station Historic structure non-residential mixed use EAUCIiiied with the Issuance 9f a Class B Special Use azmii Daycare, nursery and kindergarten Group care facility Temporary mobile home (custodial ) Portable buildings Cemetery Community center Land fill ( less than two acres) Radio and transmitting towers Transmission lines Kennels and stables Recreational facilities (non-profit) Rezoning of the property provides for the planned development of the parcel to allow for a clustered arrangement of rattached and detached residential units and incorporating open space and recreational amenities . Article 8.2.2 states that where a 038 evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner that: 1 . The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2. The use will not maintain or enhance the value of contiguous property; 3. The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. The Planning Staff reviewed the application, the site plan and all supporting documentation and found that no information was received which would established grounds for making one or more of the above findings. However,• the Planning Staff has not found ; compliance with the following specific standards applicable to planned development-housing applications: 8.2.4a) Health Department approval for all lots; 7. 14.3a)3 sight visibility triangles at public road intersections; and 7. 14.3a)5 provisions for screening of parking areas. The Planning Staff does recommend approval of the planned development rezoning and issuance of a Class A Special Use Permit with the attached conditions of approval . These conditions of approval address the specific standards referenced above and design concerns . RECOMMENDED CONDITIONS OF APPROVAL 039 1. The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all improvements (roads , utilities , pedestrian walkways) plus 10%. The amount shall be determined on the basis of fully execute ed construction contracts or certification by a registered engineer employed by the grantee or this SpeciPermit . Security for construction of the improvements in this project may follow phasing in the project . Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renogotiated based on the "yet to do" portion of the improvements . 2 . Security shall be provided for the grading, paving and stabilization of all cleared areas , streets and other vehicular travelways ; pedestrian walkways ; erection of street signs ; utilities installation and hookup; recreational facilities ; and landscaping. 3 . All necessary easements to permit utility (electricity, telephone) installation, servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. 4. The grantee shall promulgated Articles of Incorporation governing tenancy in the development and shall record a copy of the Articles of Incorporation and regulations promulgated under this condition in the Orange County Registry of Deeds . 5 . Roads , parking areas , walkways , street signs , utilities , recreation facilities and sites , landscaping of the community center and its associated parking facility shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner . 6. The following recommendations apply to the road and parking facilities : a. All roads shall be named and no roads shall duplicate the name of any other road names within Orange County. b. Road name signs to Orange County standards shall be erected at all intersections . c. The private Class A road serving the community center shall terminate in a cul-de-sac. The parking facility for the community center shall access off the private road, but not the cul-de-sac itself. d. The private Class A road serving the community center shall he eonst*ucted to Ornncre Conntt, 040 private road standards, but shall be hard surfaced in compliance with NCDOT Minimum Construction Standards for pavement design for subdivision roads . e. Sight triangles in compliance with NCDOT requirements and Article 9 of the Orange County Zoning Ordinance shall be provided at all road intersections and shall be deisgnated as part of the right-of-way. h. Two parking spaces meeting the dimensional requirements provided in Article 10 of the Orange County Zoning Ordinance shall be provided for each dwelling unit . The location of these items shall be approved by the Zoning Officer and shown on the revised site plan. 7. The following recommendations apply to the recreation area and facilities . a. Tot lot/playground area to include play apparatus for children, ages pre-school to 14 ( i .e . swings , slides , climber , whirl) and benches for adult supervision. Some shaded areas are to be provided within the tot lot area. b. Picnic area to include a small shelter with 3-4 tables . One (1) trash receptacle and one (1 ) grill per 2 tables . c. Provide one (1 ) parking space for each dwelling unit . Provide one (1) handicapped parking space for every 10 parking spaces. Parking spaces shall meet the dimensional requirements of Article 10 of the Orange County Zoning Ordinance. The parking area shall be hard surfaced. Access ramps shall be provided within the parking area where appropriate. d. The parking area shall be screened and landscaped in accordance with Article 12 of the Orange County Zoning Ordinance. e. Construct all trails on slopes no greater than 5%. The location of these items to be approved by the Zoning Officer and shown on the revised site plan. 8. The following recommendations apply to the lot arrangement : a. Lots #14, 15 , 30 and 31 shall be deleted. b. Lots #22 and 23 shall be rearranged to provide frontage on and individual driveways off heartwood Court . c . Each lot platted on the Final Plat shall include 041 septic tank including the nitrification lines and repair areas . d. All lots shall have Health Department approval prior to the approval of the Final Plat . e. For each structure exceeding 25 ' in height an additional one (1) foot side and front setback for every two (2) feet of additional height shall be designated on the Final Plat. The location of these items to be approved by the Zoning Officer and shown on the revised site plan. 9. Final plans for the community well system shall be approved by the N.C. Department of Human Resources Division of Health Services within six month of the issuance of the Special Use Permit and prior to the approval of the Final Plat . The community well system shall be installed according to plans approved by the N.C. Department of Natural Resources and Community Development prior to the issuance of a Certificate of Occupancy for any unit . 10. All final plans for drainage , soil erosion and sedimentation control shall be reviewed and approved by Orange County and the site plan modified accordingly to satisfy the Soil and Erosion specifications . In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 11. Construct and maintain stormwater devices to control the peak rate of runoff from the community center and artists bungalows . The detention devices shall be designed and constructed so that the peak rate of runoff after development will not exceed the predevelopment rate for a 20 year 24 hour storm and for storms of greater intensity. 12. Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. Clearing shall only be conducted for purposes of installing roads , utilities and other improvements until the improvements have been installed and the developer conveys title to the property to the individual property owners purchasing three or fewer lots . 13 . Final landscaping plans shall be submitted and approved by the Zoning Officer prior to the effective date of the special use permit. 14. That all signs be erected in compliance with Article 9 Signs , following issuance of a building permit and prior to the issuance of a Certificate of Occupancy for any unit . No sign may be erected within the signt triangles for the entranceway to the development . - 15. That all structures be erected in compliance with 042 applicable building codes following application for and issuance of building permits . 16 . The developer shall coordinate mail service with the Postmaster prior to the initiation of construction. 17. A final boundary survey of the Planned Development and all improvements and easements ( roads , utilities , drainage, sign) shall be recorded by the developer . 18. The final site plan and narrative of the project incorporating all changes , deletions and additions through the final approval of the project are incorpor- ated herein and made a part of this Planned Development Special Use Permit . A copy of the final site plan and narrative are on file with the Orange County Planning Deprtment . Grading and building permits , upon applica- tion, will be issued after approval and recordation of the Special Use Permit. 19. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with or fulfillment of the above conditions and the Orange County development regulations and ordinances . 20 . If any of the above conditions shall be held invalid or void, then this approval shall be void and of no effect . FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT ` PERTAINING TO APPLICATION HEARTWOOD AT BLACKWOOD MOUNTAIN (PD-H-R-1) Planned developments must comply with general and specific standards as set forth in Article 8 for Special Uses as well as those set forth in Article 7 for Planned Developments. Article 8.2.1 b) requires written findings certifying compliance with the following: (1 ) Specific regulations governing individual Special uses as set forth in Article 6.8. These regulations are divided into two (2) sections which include: (a) Application components; and (b) Specific standards for Planned Developments (Article 8.8,23 refers to Article 7 standards) and Special Uses (Article 8.2.4) (2) Other requirements as set forth in the Zoning Ordinance, including the -provisions of Article 5 (Dimensional Requirements) and Article 6 (Application of Dimensional Requirements) Listed below are the findings of the Orange County Planning Department regarding the application In question. The flndi� have been presented by Article and requirement to assist the Planning Board in its deliberations. ARTICLES 8.6 AND 8.8 : APPLICATION 'COMPONENTS (' Yes" Indicates compliance; "No" indicates noncompliance) Planning Staff Planning Board Ordinance Requirements Findings_ Evidence Submitted To Support Findings Findings 8 .6-Application submitted on forms X Yes No Completed application, detailed site plan Yes No providing f u l l and accurate and findings submitted by applicant decsription of proposed use, Includ- ing location, appearance and opera- tional characteristics 8.8 a)-Seven (7) copies of the site X Yes ^w No Submitted by ,appli cant Yes No plan prepared by a registered N.C. ~ land surveyor or engineer containing: 1 . North point, scale and date X Yes ^ No Shown on site plan Yes � No 2 . Extent of area to be developed X Yes No Shown on site plan Yes No 3. Locatiom..and width of all ease- Yes No Shown 'on site 'elan -�-- Yes No ments and rights-of-way within or adjacent to the site C:J Aki ICLES 8.6 AND 8,8 - APPLICATION COMPONENTS (Continued) Planning Staff Planning Board Ordinance Requirements Findings Evidence Submitted To Support Findings Findings 4. Location of all existing or pro- X Yes No Shown on the site plan Yes No posed structures on the site 5. Location of all areas on the site X Yes No subject- to flood hazard or inunda- This site is not in a flood hazard Yes No tion as shown on flood maps or r. area as determined by the U.S.H.U.D. soil maps Shown on site plan. only one. all weather b. Location of all water courses X Yes No stream is oh tbe" property; other drainage on the site, including the swales noted on the site plan. Yes No direction of flow 7. Existing topography at a contour X Yes No Topographical information from USGS, Yes No interval of rive (5) feet based Chapel Hill Quadrangle 1978. Shown on T on mean sea level datum site plan. 8. Proposed or existing fencing, Shown on site plan. Landscaping of screening, gates, parking, Yes No the community building parking area to Yes No be in compliance with Article 12 of the service and storage areas Zoning Ordinance. �. Access to site Including sire X Yes ' No S nown on site plan. Yes No distances on all roads used for access 10. Elevations of all structures Yes ' No Shown on site plan Yes No proposed to be' used in the development 11 . Names and addresses of 'owners X yes No Shown on site plan/application Yes ' No and applicants 12, A fee, as set by the Board of 'X Yes ' No Paid with submittal, Yes No County Commissioners ..®. ARTICLE 3.5,23-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS Articic 8,8,23 indicates that the application shall comply with the applicable sections of Article -Planned 7 Devclopm ARTICLE ]-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS ["Yes" Indicates compliance;' Ho" indicates noncom li Ordinance Requirements Planning Staff Planning Board Findings Evidence Submitted To Support Findings Findings _ Article 7.4 indicates the applica- tion must first comply with all f' requirements specified in Article 20 - Amendments. Those requirements include: 20.3 .2 a) Map showing affected x Yes No property at scale of not less Submitted with aPplicaion yes No than I" = 100' nor more than i" _ 20' , 20.3.2 b) Legal descritption of Yes No -= property --V- Submitted with application Yes No 20,3,2 c) Explanation of alleged Yes No error, if any, to be corrected by none alleged. _ Yes No proposed amendment 20,3,2 d) Changed conditions, if x Yes No any, which ch r:aice amendment reasona- '—' Applicant cites development of Yes ilo a y necessary to adjacent property for non-residential' promote public use and the impacts of such development on the health, safety and general welfare traffic conditions resulting in tyre unsuitability of the property for. residential use. 20.3.2 e) Manner in which proposed x yes No amendment will carry out purpose Ap?alicant cites the designation of thP. Yes No and intent of adopted Comprehensive interchange area as a commerclAl/'i;ndust7r al Plan activity node in the, Land Use Plan. C ` C1t ART'CLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) Planning Staff Ordinance Requirements Findings Evidence Submitted To Support Findings Planning Board Findings Article 4 .2 identifies the criteria which will normally be used to determine the appli- cation of a zoning district designation. The applicant has applied for a pQw_ fi ation. The criteria for that district are set forth in Article 4,2, 4 and are as follows: - a} Designated in the Land ]L_ Yes No Use Plan for rural residential The property is .located within the _ Yes No use. Rural Buffer. The zoning district applicable to the Rural Buffer is R-1 . b) Urban services not likely X Yes No to serve the area within The property is not located within _ Yes No 10-20 years, an existing. or proposed urban servi_cas district. Yes No Yes No .� Yes No ARTICLE 8.2,4 SPECIFIC STANDARDS/ALL SPECIAL USES ("Yes" indicates compliance; "No" indicates noncompliance) Planning Staff Planning Board Ordinance Requirements _ Findings Evidence Submitted To Support Findings Findings g Article 8.2,4 requires the applicant to address the following: a) Method and adequacy of provision Yes X' No See attached �lbtters from N.C. DivisiorL_ Yes No for sewage disposal facilities, _..__.. of Health Services the Orange County solid waste and water service Health Department. The N.,C. Division of Health Services has approved three sites for community wells. The applicant proposes a .dual well system. The Health Department. has approved 27 sites for individual; on-site septic systems. The Health Department has also advisod that maintenance, repair and.iownership responsibilities be clearly delineated. ( SEE CONDITIONS , 48 AND 9 ) b) ,Method and adequacy of. police, .� Yes No fire and rescue squad protec- See attached letters from protective Yes No tion services re capability to service development. All respondents indicated an ability to serve the site. C) Method and adequacy of vehicle Yet ' ' No „ access to the site and traffic See attached traffic survey prepared Yes No conditions around the site by Post and Assoc, engineering firm Mill House Road is an unpaved state-maintained road. which carries -a IOW' traffic load. . NCDOT has indicated an unwillingness to impose a requirement that the applicant upgrade the road. NCDOT has also indicated that when fully develope the proposed density would allow for state maintenance of the internal public road system, s . r ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) Planning Staff Planning Board Ordinance Rcquiremcnts Findings Evidence Submitted To Su PP_art Findin s g Findings Article 7.4 then indicates the application must comply with certain specific requirements common to all Planned Develop- ments, These include: 7.4. 1 So located with respect to X Yes No HEARTWOOD COURT & HEARTWOOD DRIVE COLLECT major streets and mass transit TRAFFIC FROM 35-DWELLING UNITS & EMPTY Yes No faci 1 i ties and designed so as not THAT TRAFFIC ONTO SR 1725 A GRAVEL STATE to create traffic on minor streets MAINTAINED ROAD.. IN LESS THAN ONE MILE in residential districts DISTANCE SR '. 1725 TRAVELS TO,N.C. HWY 86. NO MINOR RESIDENTIAL STREETS ARE AFFECTED. SEE POST AND ASSO. TRAFFIC STUDY 7.4.2 So located with respect to X Yes No THE DEVELOPMENT REQUIRES NO PUBLIC water, sc%4c r and storm drainage FINANCED WATER, SEWER OR STORM Yes No facilities that enlargement or DRAINAGE FACILITIES. extension will not result in higher net public cost or earlier incursion of public cost and So located with respect to ..X Yes No ACCESS TO PROTECTIVE SERVICES PROVIDED Yes No po 1 i ce fire and rescue services, IN SAME MANNER AS PERMITTED UNDER and schools and parks so as to EXISTING ZONING. have access in the same manner as permitted under the existing zoning THE SITE IS NOT IN A FLOOD HAZARD AREA AS DETERMINED BY THE U.S.H.U.D. EROSION CONTROL 1.4.3 Site suitable for develop- Yes No STILL BL I14PLE11.1 �dTED De1ZI�;G CO�iSTRUCTIO:: PHASE � meat without hazard .from floadiPn �" � � � PER No erosion, and soil subsidence or g! S& J OI'FICER"S REQUIREMENTS. slipping, AR.IICLE' 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) Planning Staff Planning Board Ordinance Requirements Findings Evidence Submitted To Support Findings Findings Article 7.14.3 sets forth "site planning" standards with which an applicant must comply. Standards regarding "external relationships" are as follows: a)1 . Access points provided to K Yes No Development will be served by a single Yes No encourage smooth traffic direct access to SR 1725. No existing flow with controlled turd- minor streets will be affected. ing 'movements and minimum hazard to vehicular or pedestrian traffic. Use of minor streets by substan- tial traffic is discouraged, 3)2. Safe and convenient routes ,x Yes No Crossings marked on site plan. Yes No provided for pedestrians and motorcyclists. Crossings safely marked, located and controlled. 1)3. Visibility provided at inter-- Yes__.x_No 10x70 tight triangles must be shown at all Yes No sections (pedestrian and intersections. vehicular) in accordance with Article 6.8. (SEE CONDITION 46) 1)4. 100-foot open space provided .=-Yes No In compliance with Article 7. 14. 4 the 100-foot Yes No along perimeter of PD-K open space not spp1 ;:oab.ie where proposed use is district. Recreational use adjacent to similarly zoned single family and off-street parking set resident district. back at least 75 feet of district boundary. 1)5. Yards, fences, walks or Yes' X No Yes No vegetation provided to screen off undesirable Parking area must be screened from adjoining properties views, lighting, noise, and rights-of-way in compliance with Article 12. etc. Parking/loading areas (SEE COVDI TION #7) and refuse collection/storage areas screened. AR7ICLE '7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) Planning Staff Planning Boar Ordinance Requirements Findings Evidence Submitted To Support Findings Findings Article 7.14.3 standards continued: ' a)b. Maximum building Yes. No Maximum building. height permitted is 25 feet. Yes Nc height complies with Building height proposed by applicant is 3.4 feet standards set forth maximum as shown Qn elevation drawings. Two (2) in Article 6.12.3 and additional feet in height is allowed,?with Article 5.1 .1 every one foot of additional setback in compliance with Article 5.22. a)7. Signs to be erected in Yes No Sign plans not submitted as part of application. Yes Nc accordance with Article 9. Plant can be .required as a condItInn of annrn. al Sign size and location in�licatea on *' a- plan. Standards regarding "internal 16 .square foot si r+n nPrmi+toe in co-n-)".tilnce relationships"are as follows; with Article 9.6. b)1 . Streets, drives and parking Yes No Site plans indicate that streets, .drives and Yes No areas provide safe and con- parking areas are so. desighed as 'td provide venient access for dwellings safe and convenient access. and emergency vehicles, and do not create small block sizes. b)2. Vehicular access controlled as follows: a) Streets serving 50 or �X Yes No private drives as shown on the site plans. Yes N less dwellings provide Direct access to parking spaces for each direct access to •palrking/ dwelling unit. service areas. _ 02. b) Streets serving greater Yes No N/A Yes N than 50 dwellings provide access to parking areas so located, designed and controlled as to channel traffic without interruption, , 03. Walkways form safe, con- Yes No Yee Nc venient system of access to Trail system throughout project shown on the � dwellings, facilities and Fite n" an.Trail system links the residences to the recreation .. off-site designations. and community facilities. private refuse .collection O Maximum walking distance for each unit between dwellings and parking; Proposed. delivery and refuse collection G areas does not oxceed 100 feet, 111CLE 7 - SPECIFIC STANDARDS FOR EVALUATION PLANNED DEVELOPMENTS (Continued) Planning Staff Planning Board rdinance Requirements Findings Evidence Submitted To Support Findings Findings rticle 7.14.3 standards , 3ntinued: Walkways used as {play X Yes No CROSSWALKS WELL MARKED. TRAILS Yes No areas or school routes KEPT AWAY .FROM ROADS AS' MUCH. AS POSSIBLE. by children located and designed to minimize contact with vehicular traffic. Crossings appropriately marked and safeguarded. 4. Protection of visibility- See a)3. and 03. above. X Ye$ NO TP ANGLKS• 10. BE _MAINTAINED . AT TRAIL ,'.:CROSS INGS ,flhI. AUBLIC AND PRIVATE Yes No 5. Open space and spacing STREETS. between buildings- X Yes NO ALL BUILDINGS CONFORM TO STANDARDS SPECIFIED See Article b standards. . IN ARTICLE b Yes No ATI£LE�5 - DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance= _".No". indicates noncompliance) Planning. Staff Planning Board Irdinance Requirements Findings Evidence Submitted to Support findings Findings ,rticle 5 lists standards or minimum lot size, lot ,idth, front, side and rear etbacks, maximum building eight and lot coverage, rid development intensity. he applicant has applied or a PD-H-R-1 esignation. The standards or that district are set ; orth in Article 5.1 . 1 nd are as follows; Minimum lot area per x Yes No Yes No dwelling unit - 40, 000 Planned developments approved .on site basis. sq. ft. Average of 40, 000 sc1, ft, per unit proposed } Minimum lot width - Yes- No N/A Yes No N/A sq. ft. Required front setback - Yes NO 'N/A Yes No } Required side and rear Yeses No N/A Yes No. setbacks - a4A -ft. Maximum building height - Yes • NQ , Maximum building height shown on elevations Yes No -2 Fa ft. provided by applicant 1S,36 ;feet, ompliance with lot coverage nd development intensity .. tandards is addressed in rticle 6 Erb �RTICL£ 6 - APPLICAITON OF DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance;- "No" indicates noncompliance) Planning Staff Planning Board Irdinance Requirements Findings Evidence Submitted To Support findinc;s Findings rticle 6 lists specific tandards which apply to arious types of development pplications. rticle 6.12 contains those ^ evelopment intensity tandards which apply to " roup developments controlled y the land Use Intensity LUI} system. 1 Minimum gross land x Yes No Appl'icant's -site .itonia l ns35.21 acres or Yes No area - 80, 000sq. ft. 1: 533, 747.6 sq.ft. } Maximum gross land Yes No _ N/A Yes No area - _ N/Asq. ft. "Maximum rloor. ratio -- —X Yes No Maximum permitted by ordinance Is sq.ft, Yes No 058 Applicant's plahs indicate floor area of Maximum floor area 82, 000 S9- ft-permitted - 35 Dwellings @ Approx 2200 ea. 77, 000 ' 88, 951 . 36 sq. ft. Community building. less than 5, 40.0 82 , 000 ' M Required minimum open . .&_yss No - Appl.icanY!s• pans indicate 1, 451 , 747, 6 sq. ft. of Yes No space ratio - '. 84 open space: Required minimum open space -1, 288, 348 sq. ft: C.� RTICL'E -o - APPLICATION OF DIMENSIONAL REQUIREMENTS (Continued) Planning Staff. Planning Board Irdinance Requirements Findings Evidence Submitted To Support Findings Findings rticle 6.12 standards continued) } Required minimum live- XYes No Submission indicates 1, 280, 147 square feet Yes No ability space ratio - -nf._Li_vf--ability space. . 75 Required minimum liveability space 1, 150, 310. 7 sq. ft. , Required minimum recreation Yes NO Applicant'-s plans indicate r,ecreaticn areas totaling Yes No space ratio - - 019 96, 000 sq- ft-Required minimum recreation space - 29, 141, 20 sq. ft. ' 1 Required minimum open Yes No Yes No space adjacent to building walls - Primary walls N/A ft. Secondary wally/A ft. Tertiary walls N/A ft. Yes No te: See Appendix A for "Definitions", „ 1 ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT 055 Date : _ 4/11/86 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 west side of S .R.# 1725 ( MILL HOUSE ROAD Street/Road] between S .R.# N.C. 86 S.R.# 172 It is known as Lot (s) 26A , aof Orange County Tax Map 19 CHAPEL HILL ]has , of of 726.12 p � Township . It t has a frontage feet and a depth of 35.21 feet , and contains square feet or 35.21 acres . 2. It is desired and requested that the foregoing property be rezoned from R1 to PD--HR1 3-.- The -folLowing- information has been _ attached .-In_ support of the application for changing the Zoning Atlas is -- required on a l l applications) . 'a. A fully dimensioned map at a scale of not Less then one (11 inch _ equals one—hundred (1001 feet nor more than one (11 inch equate twenty (201 feet.—shawl-mg--the Land which is praposird- to be rezoned. '!1. A Legal description of the Land proposed to be rezoned. 'o. A statement of justification addressing one or more of the fallowing: (11 The alleged error in the Zoning Ordinence, 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, i•f 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. 5(31 The wanner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or pert thereof. '(41 All ether 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 all individuals, firma 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 (Date/ I certify that all information furnished in this application is accurate to the best of my knowledge . Applicant (s) : Spence & Lyn Dickinson Address : Rt 8 Box 92K Mill Houge Rd Chapel Hill, N.C. 27514 Phone: 933-9090 056 LEGAL DESCRIPTION BEGINNING at an iron , the northwest corner of the property now or formerly owned by William A. Newman, Jr. , in the line of the property now or formerly owned by Chapel Hill Policeman's Association , and running thence with the line of the aforesaid Association North 01 degrees 54' 33" East 1000.00 feet to an iron in the line of Duke University Forest; running thence a new line South 78 degrees 11 ' 43". East 1602.58 feet to an iron , thence South 83 degrees 21 ' 14" East 116.40 feet to an iron , thence North 69 degrees 34' 13" East 104.54 feet to an iron , thence South 05 degrees 02' 44" West 726. 12 feet to an iron in the line of property now or formerly owned by Martin Bernholz; running thence with the Bernholz line North 84 degrees 05' 31" West 296.27 feet to an iron , thence South 04 degrees 48' 34" West 112.63 feet to an iron , thence North 85 degrees 38' 16" West 1451 .79 feet to an iron , the point and place of Beginning , and being all of Phase 1 , HEARTWOOD, according to survey and plat thereof recorded in Plat __, at Page _ , Orange County Registry, to which plat reference is hereby made for a more particular description, together with a perpetual easement and right of way for purposes of ingress, egress and regress and the installation and maintenance of .utilities over and across the road running from the aforesaid described tract or parcel of land to S.R. 1725 as shown on the aforesaid plat. 057 AN OVERVIEW OF THE HEARTWOOD PROJECT Pan the past 14 ye.ana I have gained vatuabLe expetienee owning and managing a gamily-otti.ented apatrtment community in Chapel Hitt. Mesa, I spent 4 yenta owning and sputa ing a da ft y gatm where I did extena.ive gardening and ga m ng. At the da,it y garm I aLa o a et up a camp.Ie to zawmitt and ptav c.ded an apptenti.ce- AhLp ptogttam got the ztude vt drop-outs tom the A.Qamance County 4chao.L system. In the tazt 3 yeana I have owned and managed the Sanitise Palmeri, Matket, a ptaduce and natu�tae goods grocery 4tote in th.id comet whvte my anceatand, the Thompa o na, a ette.ed in 1752.community. County County y home and had been got 16 yea�ta. My gamic y and I plan to a tangs County cs t haan cov�cibut2 to the .rm �J- we part to stay and ptoveme.nt and 4tabitity a6 this canmiunity ab did my ancestors. HEARTWOOD dd my commitment to ptedetve a respect got the ,sand and .its eesouteea and to *let a peace where. a variety ag activities and Learning xpeniencea can take place. A place where the va.Luea a the g.Louiridh, in bpite 06 its decline as an economc g gay that can the garm ws ed to a g get many Ame Lcand. HEARTWOOD v iebaez 6 S pie whete both aduttz and chitdten can gttow tows tdo theist tcuLLeat potenti.atL. Today'4 devetopmenta ogget either high density comptexea at elite and bepatate neigh- bothoada with tame .indiv.iduat land hotdi.ng4; ne.c thet of which gortet a true .sense ag pe.'u,anat intetactcon non coopetatian, _ but rather promotes onQ,y a 4enhe og bepartatenebb and 'eat ag ones own neighbor. Thttough 6astetLng a. commitment, a fleeting og pets onae tea pond.ibit ty, and encoutag. ng community zhati.ng HEARTWOOD witt make a di.ggetence. There ante many people who ate in gavot og a rate balanced env.vwnment and want the opportunity to expet.ience a mote wholesome and .gu 6itti.ng ti6e2rtyte. In view ag .today'b hectic pace many peop a ate Looking got that whoLesame type neighborhood. HEARTWOOD is designed with jtcat such people in mind. -A school, a tocaL maidzet, a gamily homestead, a take and woodeandh, 6anm an.ima2s, and wort . hop4. ALL th.ia wit -t.nvotve and £n p i.tte`both young and old. Th o .involve- ment wilt ply encourage ate to be active and enjoy each othelt'a company. The w tt be b kittS to teat)/ and pass on and natu to to enjoy untouched and ptateeled. A4 env.td.ioned, HEARTWOOD repttesenta a unique oppoxtuni.ty 6o4 the people 06 Orange County; a vety wotthy addition to this community. Reapec tgu ty submitted; 47e*-7,Lc_4. "c. ,'L�� Spence. M Vic/Liman 058 e.r. .s.,inc. 059 .... .........„....„ �► - — John D. Hartley. Press. 919.968.0022 Design Er of ,'� � Solar Er Superhouiated 11/, H Shelter Rt.8 Box 516e I Chapel ill, N. C.27674 Spence and Lyn Dickinson Heartwood April 11, 1986 Rt 8 Box 92K Chapel Hill, N.C. 27514 Eddie Kirk Orange County Planning Department Hillsborough, N.C. 27278 RE: Special Use Permit Heartwood at Blackwood Mountain Dear Eddie, We are pleasedto submit this narrative in support of our application for a PD-HR1 Special Use Permit for the development, HEARTWOOD at BLACKWOOD MOUNTAIN. For the past 14 years we have gained valuable experience owning and managing a family oriented apartment community in Chapel Hill. Also, we have spent 4 years owning and operating a dairy farm where we did extensive gardening and farming. At the dairy farm, we also set up a complete sawmill and provided an apprenticeship program for the student drop-outs from the Alamance County school system. In the last .3 years we have owned and managed the SUNRISE FARMERS MARKET, a produce and natural foods grocery store in this community. Orange. County was where our ancestors, the Thompsons, settled in 1752. Orange County is our home and has been for 16 years. Our family plans to stay and to contribute to the improvement and stability of this community as did our ancestors. HEARTWOOD is our commitment to preserve a respect for the land and its resources and to offer a place where a variety of activities and learning experiences can take place. A place where the values of the family farm can flourish, in spite of its decline as an economically viable lifestyle the the farm used to offer many Americans. HEARTWOOD will be a safe place where both adults and children can grow towards their fullest potential. Today's developments offer either high density complexes or elite and separate neighborhoods with large individual land holdings; neither of which foster a true sense of personal interaction nor cooperation, but rather promotes only a sense of separteness and fear of one's own neighbor. Through fostering a commitment, a feeling of personal respons- iblity, and encouraging community sharing HEARTWOOD will make a difference. There are many people who are in favor of a more balanced environment and want the opportunity to experience a more wholesome and fulfilling lifestyle. In view of today's hectic pace many people are looking for that e.r.s.,inc. General contractors t , }- Oi Q ' �r John D. Hartley, Prey. N.C. L,ic. Na 10362 919-968-0022 Design 8r of ' �.4, � �. i /A I Solar Et Superinsulatsd ` Rt. 8 Box 516c Shifter �, . dim liv\ Chapel Nib, N. C. 27514 wholesome type neighborhood. HEARTWOOD is designed with just such people in mind: a school, a local market, a family homestead, a lake and woodlands, farm animals, and. workshops. All this will involve and inspire both .young and. old. This involvement will naturally encourage all to be active and enjoy each other's company. There.will be skills to learn and pass on and nature to enjoy untouched and protected. As envisioned, HEARTWOOD represents a unique opportunity for the people of Orange County; a very worthy addition to this community. It is because of these ideals that we have chosen a planned development over a conventional lotted subdivision. We submit the attached plans, evaluations, letters, and checklist as evidence of our commitment to create a quality living environment in harmony with the wishes of Orange County residents and in com- pliance with the guidelines of the Orange County Zoning Ordinance. Respectfully submitted, \ji,Spe ce Dickinson 417-74-) r r Lyn Dickinson 061 TRAFFIC IMPACT STUDY HEARTWOOD A RESIDENTIAL DEVELOPMENT IN ORANGE COUNTY, NORTH CAROLINA APRIL 11,. 1986 PROJECT NO. 88601 PREPARED FOR: SPENCE AND LYNN DICKINSON AND ERS, INC. ROUTE 8, BOX 516C CHAPEL HILL, NORTH CAROLINA 27514 PREPARED BY: PHILIP POST AND ASSOCIATES, INC. ENGINEERS/PLANNERS/SURVEYORS CHAPEL HILL, NORTH CAROLINA PHILIP POST &ASSOCIATES 063 ENGINEERS/PLANNERS/SURVEYORS #88601 April 11, 1986 TRANSPORTATION IMPACT REPORT Heartwood Residential Development Applicant: Spence end Lynn Dickinson ERS, Inc. Route 8, Box 576C Chapel Hill, N.C. 27514 Purpose: This report will determine the affect of the Heartwood Development on the traffic on Mill House Road (SR 1725) . Procedure: 1. Determine the road conditions a) Pavement and lane widths b) Existing grades c) Site distances d) Type of intersection a) Shoulders f) Surface condition g) Alignment 2. Determine traffic factors. a) Number of trucks b) Number of buses c) Lane distribution d) Variation in traffic flow a) Traffic interruptions 3. Determine existing traffic conditions (Do traffic counts) . 4. Traffic generation by pro3ect #88601 Transportation Impact Report April 11, 1986 064 Page Two 5. Analyze data 6. Conclusion and recommendation Dam The existing road is an NCDOT gravel road with approximately 18 feet of gravel pavement and variable shoulder and ditch dimensions.. The road is two lane but is not striped for lanes. The site distances for the most part are good end fall below critical _vertical alignment factors specified by NCDOT. The alignment and grades do not affect the current flow of traffic. There are two on-grade crossings of the very lightly used (once per week) Southern Railroad tracks. The crossings are not automatically controlled, but do provide good sight distances and proper crossing alignments. Traffic projections indicate that the proposed lane distribution is not constant. The inbound lanes carry the majority of traffic in the morning and the outbound lanes carry the traffic in the afternoon. There are no traffic interruptions due to the volume of traffic. The number of trucks is approximately 2% of the total traffic, and is not a factor during the peak periods of the day. Actual traffic counts are broken down on an hourly basis in Appendix A. The counts were made at the entrance of the development. Proposed Development: The proposed development contains 78 acres of undeveloped woodlands and is proposed to be developed into approximately 40 single family lots, 12 townhouse rental apartment units, and 26, senior citizen townhouse cluster homes, for a total of 78 residential units on 78 acres or one unit per acre density. Site amenity features will include horse and farming facilities to remain, a 2.5 acre lake, picnic area, riding trails, garden plots and playground. The development will be nearly self-sufficient from the standpoint of active and passive recreation uses. #88601 Transportation Impact Report 065 April 11, 1986 Page Three The site is located on the west aide of Mill House Road (SR 1725) ed3acent to the 1-40 right of way and approximately 4,000 feet from NC 86 at Blackwood Station. Trio Generation: According to the Institute of Traffic Engineer's Trip Generation Report, the single family units will generate 10 trips per unit, the apartments will generate 6.1 trips per unit and a townhouse will generate 3.3 tripe per unit. This development will generate: 1. Single family (40 unite) x 10 trips = 400 2. Apartments C12 units) •x 6.1 trips = 72 3. Townhouses C26 units) x 3.3 = 8A TOTAL. = 558 Hourly Distribution Factors: Peak Hour Residential Apartment Townhouses 7:00 - 9:00 AM Enter: .3 1 Exit . .6 .5 .4 4 4:00 - 6:00 PM Enter: .7 .4 .4 Exit : .4 .2 " .2 Actual Distribution: 7:00 - 9:00 AM CTotal: 16) Enter: 12 1 (Total: 40) Exit : 24 3 6 10 4:00 - 6:00 PM CTotal: 43) Enter: 28 5 (Total: 23) Exit : 1 16 2 5 9 #88601 Transportation Impact Report April 11, 1986 066 Page Four Existing Road Conditions: Per the NCDOT manual "Highway Capacity", levels of service and maximum service volumes on a two-lane highway under uninter- rupted float conditions <Normally representative of rural operations) . Level of Service Descra,t�tion Flow in both directions per hour A Free flow 400 cars B Stable flow 900 cars C Stable flow 1400 cars. D Approaching unstable flow 1700 cars E Unstable flow 2000 cars F Forced flow widely variable •v See Appendix B for definitions. Determination of Intersection Capacity: The intersection capacity analysis for use in site planning application is based on the "Critical Movement Summation" technique developed by McInerney and Petersen. Table II gives the capacity ranges of an intersection for each level of service. Intersection Capacity by Level of Service Level. of Service Range of Capacity (VPH) A Low High A B 0 900 C 941 1050 D 1051 1200 1201 1350 E 1351 1500 F (Special case) 1500 r #88601 Transportation Impact Report April 11, 1986 Page Five 067 Mill House Road 24 .1,) 1' Site 10 — Entrance 6 7:00 - 9:00 A.M. Traffic 16 Mill House Road 14 t 26 Site 17 -A- 4:00 - 6:00 P.M. Entrance Traffic 9 088601 Transportation Impact Report April 11, 1986 06$ Page Six Data Coaoerison: Level of Service (Road) Current Use Proposed Use A - 400 cars 15 81 8 - 900 cars between between C - 1400 cars 4:00-6:OOPM 4:00-6:OOPM D - 1700 cars E - 2000 cars F - Level of Service (Intersection) Current Ube Proposed Use Low High A 0 900 3 901 1050 0 66 C 1051 1200 driveway not between D 1201 1350 mods 4:00-6:00PM E 1351 1500 F Special Case Suavested Improvements: Several lots, a restaurant, farms, a plant nursery and other subdivision developments now feed on to Mill House Road. The new subdivision streets for the proposed Heartwood Development will be paved in accordance with County Standards. Due to the low traffic volume generated by Heartwood and the existing very low volumes on Mill House Road, no intersection improvements are recommended for the new subdivision access street. This proposed intersection will be a 90 degree "T" intersection with good sight distances in both directions. Mill. House Road is now on Orange County's priority list for paving by MCDOT. The Developer will use his good offices to encourage NCDOT to pave the road as soon as possible and to bring the entire roadway up to the best State standards. #88601 Transportation Impact Report April 11, 1981 069 Page Seven Conclusion: Service level "C" is considered to be an acceptable level of service in Orange County per conversations with the planning staff. Roads of higher- standards are over designed, Per the- numbers shown in the previous pages, the level of service for this road and intersection is above the "C" service level. It is therefore concluded that the increase of traffic from this development will not adversely affect that level of service of this road. #88601 Transportation Impact Report April. 11, 1986 Page Eight 070 Appendix "A" Time April 4. 1986 7:00 - 7:30 AM 7 7:30 - 8:00 AM 3 8:00 - 8:30 AM 6 8:30 - 9:00 AM 3 4:00 - 4:30 PM 7 4:30 - 5:00 PM 8 5:00 - 5:30 PM 1 5:30 - 6:00 PM 4 Appendix "B" OgeratjrnQ Conditions for Levels of Service: Level of Service A: This is a condition of free flow,. accompanied by low volumes and high speeds. Level of Service B: This occurs in the zone of stable flow, with operating speeds beginning to be restricted somewhat by traffic conditions. Level of Service C: This is still in the zone of stable flow, but speeds and maneuverability are more closely controlled by the higher volumes. Level of Service D: This level of service approaches unstable flow, with tolerable operating speeds being maintained, though considerably affected by changes in operating conditions. Level of Service E: This cannot be described by speed alone, but represents operations at lower operating speeds, typically, but not always, in the neighborhood of 30 miles per hour, with volumes at or near capacity of the highway. Level of Service F: This describes a forced-flow operation at low speeds, where volumes are below capacity. In the extreme, both speed and volume can drop to zero. _ _ _ _ _ _ 11.1.381 DOUGH ; ,c+ \ PHILIP POST & ASSOCIATEY?t . �� En 'nears 1P�aners Su I / we ors I 401 Providence Road Suite 200 86 / CHAPEL HILL. NORTH CAROLINA 27514 /002 �" (919) 929.1173 or 493-2600 ,. !, / '9 S ITE /1/)AP SCAR r r 4 . RD TTY MTN. state LK i ....e, "41:6'.1154 OVICS4 OC. 't RO. - . PAGE 9 � '~ y� EYENN� : / r 1722 r HiilsboRr�ugh Q% . � r 44' � ►L�z /720 /009 3 1 .. /723/ ,104/790 ∎�� Q. cati 6 !lope r /789 4` • /T/6 - IIrllsbarough. i it z ° 3; .• . cv /778 11 t FALL //3RD L `• Cr It BLS •.cz /7/2 Chapel Hill EA/• �hapei Hill y e • li J CELAto,. C.1 s Y FA„�M� Rt.2 -. . • 1 a W / NEW HePE'Flil'r,[� .17,-�- R1 .f,:: ;10 i ¢kr /Op/T le -� :r 1 t 4, r ��z �OOKE /T S b c k w"no.d ve 2 F0REST Z I . Station Icr, 1" ,3. CHAP 1839 /730 O %Li - =-o ' :....;...' • , '11 t! 4' DISTRICT .t .op[ 1 12,- /T25 •; O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27, 1986 073 Action Agenda Item I SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING:_X_YesNo *************************************************************************** ATTACHMENTS: Proposed Text CONTACT: Marvin Collins Amendments 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: Concerns have been identified. by the Board of Commissioners, Planning Board and Planning Staff concerning cluster development provisions, recreation standards, and landscaping and buffer provisions. The attached amendments address these concerns. issue statements precede each amendment. IMPACT: The proposed ordinance amendments, if approved, would clarify and improve the administration of the Subdivision Regulations . RECOMMENDATION: Approval of amendments. 300 W. Tryon Street r� Hillsborough, N.C. 27278 075 ran co u n 732- 732-99361 361 IfFuld ext.30.5 Chanel NU line 967-9251 HEALTH DEPARTMENT Mebane line 227-2032 Durham Me 688-7333 688-7331 Can MIN Mall, Suite 225 100 N. Greensboro Street Carton, N.C. 27510 9424168 Jerry Robinson, M.P.A. Director TO: Susan Smith FROM: Ron Holdway DATE: May 21, 1986 RE: Heartwood Development I have completed preliminary soil evaluations at the proposed Heartwood Development. Tentatively, there are 27 individual sites that are approved for sewage disposal systems. These sites are only preliminarily approved. The sites still must be given final approval before any permits can be issued. Final approval is contingent on a field survey showing all lines and our department's confirming that the usable areas are still usable for the parti- cular sites . One aspect of the development that may create problems is that the dedicated lots may not be large enough to contain all of the usable septic system area and repair area. This aspect leads to the legal questions of system ownership, maintenance, and repair responsibilities. None of the sites may be permitted until these legal questions are resolved. Please call if you have any questions concerning this matter. RH:car 077 LAW ENGINEERING TESTING COMPANY geatechnical,environmental&canvtruciion materials consonants 3301 ATLANTIC AVENUE P.O. BOX 18288 • RALEIGH, NORTH CAROLINA 27619 (919) 876-0416 April 7 , 1986 ERS, Inc. Route 8 , B516C Chapel Hill, NC 27514 Attention: Mr. John Hartley Subject: Report of Preliminary Soil Evaluation for On-Site Sewage Disposal Systems LETCO Job No. : J47286-1634 Dear Mr. Hartley: Law Engineering Testing Company is pleased to submit our report of the preliminary soil evaluation for your review. We were authorized on April 3 , 1986 to perform hand auger borings on selected lots at the proposed Heartwood Development near Chapel Hill, North Carolina. The site is located on Blackwood Mountain approximately one mile southeast of Blackwood Station near N. C. 86 . The lots to be evaluated and the hand auger boring locations were selected by Mr. Hartley or Mr. Dickinson during the evaluation. Lot numbers correspond to the drawing entitled "Sketch Plan" which was used during the field exploration. Soil descriptions for each lot evaluated are presented in Table 1 . Generally, the proposed home-sites are situated on slopes of greater than 15 percent, although small areas within the study area may be less than 15 percent. According to NCAC Title 10 , Chapter 10, Subchapter 10A, slopes between 15 and 30 percent can be considered provisionally suitable if the soils are at least 36 inches deep. Generally , the soils encountered at the site consist of approximately 5 to 7 inches of brown loam and silt loam. The subsoil is a silty clay or clay to a depth of approximately 36 inches. At lots 1 , 2, 16, 22, and 23 , either rock or saprolite was encountered at shallower depths. Based on our observations of soil properties at the lots evaluated, and in accordance with NCAC Title 10 , Chapter 10 , Subchapter 10A, Law Engineering would rate each of the lots evaluated as provisionally suitable for on-site waste disposal . Lots with soils shallower than 36 inches were observed to have ERS, Inc. April 7 , 1986 Page 2 07s suitable soil properties for low pressure pipe systems. All of the lots evaluated will require that the nitrification lines be placed at a depth of less than 36 inches due to the moderate soil depth to rock or saprolite. Placement of the nitrification field piping at a depth of approximately 18 inches from the soil surface will take advantage of the loamy textures generally encountered at this depth at the site. Since most of the nitrification fields are located up slope from the proposed dwellings, these systems will require a pump and pump tank in addition to the septic tank and nitrification field piping. Due to the shallow placement and the pump requirements, low pressure pipe systems are the type of on-site system Law Engineering recommends for the project. In addition, we recommend the use of water conservation toilets at each proposed home-site. These toilets substantially reduce the amount of water to be treated by the system. The toilets generally work using a small air compressor and usually flush approximately one gallon of water per flush cycle. Conventional toilets flush about five gallons of water per cycle. We appreciate the opportunity to provide these services for your project. If you have questions or if we can be of further assistance, please contact us. Very truly yours, LAW ENGINEERING TESTING COMPANY Fred D. Smith Soil Scientist / 4, �. lan Tice, P. S. Senior Geotechnical Engineer Registered, North Carolina 6428 FDS/JAT/sar LAW TESTING COMPANY 079 TABLE 1 SOIL DESCRIPTIONS HEARLWOOD DEVELOPMENT LETCO JOB NO. J47286-1634 LOT 1 Depth (Inch s) Color Texture . t.ructurg Consistency 0 5 Brown Loam Granular 5 - 30 Yellowish-red Clay loam Subangular Slightly sticky, blocky slightly plastic Rock at 30 inches. LOT 2 0 - 5 Brown Loam Granular 5 - 30 Yellowish-red Clay loam Subangular Slightly sticky, Rock at 30 inches. blocky slightly plastic LOT 3 0 - 8 Brown Loam Granular 12 - 20 Brown clay Loam Angular blocky 12 - 36+ Yellowish-red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. LOT 4 0 - 7 Strong brown Loam Subangular blocky 7 - 36+ Dark reddish- Silty clay Angular Slightly sticky, brown blocky slightly plastic No rock encountered at 36 inches. 1 -- - - LAW ENGINEEFING TESTIF COMPANY 080 Table 1 Page Two LOT 6 Depth (Inches) Color Texture Structure Consistency 0 - 7 Strong brown Loam Granular 7 - 36+ Reddish-brown Silty clay Angular Slightly sticky, blocky slightly plastic No rock encounttered at 36 inches. LOT 8 0 - 7 Strong brown Loam 7 - 36 Reddish-brown Silty clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. LOT 10 0 - 7 Strong brown Loam Granular 7 - 36+ Reddish-brown Silty clay Angular Slightly sticky, slightly plastic No rock encountered at 36 inches. LOT 12 0 - 3 Brown Sandy loam Granular 3 -- 12 Strong brown Clay loam Angular Slightly sticky, blocky slightly plastic 12 - 36+ Strong brown Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. 2 LAW ENGINEERING TESTING COMPANY 081 Table 1 Page Three LOT 5 Depth (Inches) Color Texture Structure Consistency. 0 - 15 Strong brown Loam Granular 15 - 36+ Strong brown Clay loam Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. LOT 7 0 -- 6 Brown sandy Loam Granular 6 - 36+ Yellowish-red Clay Subangular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. LOT 9 0 - 10 Brown Sandy loam Granular 10 - 36+ Yellowish-red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. LOT 11 0 - 10 Brown Sandy loam Granular 10 - 36+ Yellowish-red Clay Angular Slightly sticky, slightly plastic No rock encountered at 36 inches. LOT 13 0 - 36+ Yellowish-red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. 3 .. _ ..__.... .._ _ ....,_.._..._._._..... ,.. _- _...... ,, _.__ ti.� ._�____. .... TESTING COMPANY 082 Table 1 Page Fo u r LOT 14 Depth !Inches) Colo. Texture Structuje Consistency 0 - 10 Brown Sandy loam Granular 10 - 36+ Yellowish-red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches, rock common on the surface. LOT 16 0 - 5 Brown Sandy clay Blocky 5 - 24 Yellowish-red Silty clay Angular Slightly sticky, blocky slightly plastic 24 - 36+ Saprolite Loam Massive No rock encountered at 36 inches. LOT 17 0 - 36+ Yellowish-red Clay Angular Slightly sticky, slightly plastic No rock encountered. LOT 15 0 - 10 Brown Sandy loam Granular 10 - 36+ Yellowish- red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered. 4 LAW ENGINEERING TESTING.COMPANY 083 Table 1 Page Five LOT 19 Depth (Inches) Color Texture Structgre. Consistency 0 - 5 Brown Sandy loam Granular 5 - 36+ Yellowish-red Clay loam Angular Slightly sticky, blocky slightly plastic No rock encountered. LOT 21 0 - 10 Brown Loam Granular 10 - 36+ Yellowish-red Clay Angular Slightly sticky, slightly plastic No rock encountered. LOT 23 0 - 8 Brown Loam Granular 8 - 30 Yellowish-red Clay Angular Slightly sticky, slightly plastic 30 - 36+ Saprolite Loam Massive No rock was encountered to a depth of 30 inches. LOT 25 0 - 5 Brown Loam Granular 5 - 36+ Yellowish-red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered. 5 ._ ..._. :_.. __,_,....._....__..__..__.. .... ..........__..__...._. t....._..._._.., ...,.�_.._-. ._ �. .. .__..,�._._.__...._� _ TESTING COMPANY ENING 0S4 Table 1 Page Six LOT 27 Depth Lnchgs). Color Texture gtructuue Consistency 0 - 5 Brown Loam Granular 5 - 36+ Red Clay Angular Slightly sticky, slightly plastic No rock encountered at 36 inches. LOT 22 0 - 8 Brown Loam Granular 8 - 30 Red Clay Angular Slightly sticky, blocky slightly plastic 30 - 36+ Saprolite Loam Massive LOT 20 0 - 8 Brown Loam Granular 8 - 36+ Red Clay Angular Slightly sticky, blocky slightly plastic No rock encountered at 36 inches. 6 __. ._ ..., ........ ....... ._.. ... ..._. .. _._ .. ._._. _ _... .._..�._.� _ s-_ ..... -. . TESTING COMPANY Division of Health Services 225 Green Street, Suite 606 srnre4•.• Fayetteville, North Carolina 28301 .��d ���. (919) 486-1191 jam'- '. ()8 5 - . North Carolina Department of Human Resources South Central Regional Office • Wachovia Building • 725 Green Street • Fayetteville, North Carolina 28301 James G. Martin, Governor Philip J. Kirk,Jr.,Secretary April 21, 1986 Orange County Planning Board Courthouse Hillsborough, North Carolina 27278 Attention: Mr. Eddie Kirk Dear Eddie: Re: Well Site Investigation Heartwood Orange County On April 9, 1986, I met with Mr. John Hartley, and we looked over three well sites that he is proposing to use as sources of public water supply. Mr. Hartley supplied me with a sketch plan, and it is my understanding that the plan being submitted to your office is different; however, I will give an approximate location of the three sites from the northwest and southwest corners of the property. Site #1 is located at the intersection of two lines, one drawn approximately 2000 feet east southeast of the northwest corner and the other approximately 1900 feet northeast of the southwest corner. Site #2 is located at the intersection of two lines, one drawn approximately 2000 feet south southeast of the northwest corner and the other approximately 1500 feet east northeast of the southwest corner. Site #3 is located at the intersection of two lines, one drawn approximately 1200 feet southwest of the northwest corner and the other approximately 1300 feet north northeast of the southwest corner. The above-described well sites were verbally approved by me, and he has the Division of Health Services' permission to drill. Formal approval of the well sites cannot be given until the wells are drilled, tested, and the following provisos met: 1. The well owner must own or control the property for a radius of 100 feet around the well casing. 2. No sewer or other source of pollution shall exist or be intro- duced within 100 feet of the well. Dwellings, barns, etc., are considered to be potential sources of pollution. An Equal Opportunity Affirmative Action Employer Orange County Planning Board 086 Page Two April 21, 1986 3. The ground surface around the well must be sloped so that water will drain away from the well. 4. Final approval of the well as a source of public water supply shall be based on the chemical and bacteriological quality of the water. Failure to comply with the above-listed provisos may result in the disapproval of the well sites. Upon receipt of this letter and a well construction permit from the Division of Environmental Management, you may proceed with drilling operations. Upon com- pletion of the well construction, a twenty-four (24) hour capacity test must be conducted in accordance with requirements of the North Carolina Well Construction Regulations and Standards. Copies of the well completion record, water analysis, pumping test, and three (3) copies of documents and exhibits as outlined in the "Guide for Obtaining Approval of Public Water Supply Systems" must be submitted to the Engineering Planning Branch, Division of Health Services in Raleigh. Until the plans and specifications have been reviewed and approved by the Division of Health Services, no construction on any portion of the water system, other than the wellhead, is to be carried out. The detailed plans and specifi- cations must be prepared by an engineer licensed to practice in the state of North Carolina. Since January 1972, continuous disinfection of public water systems is also a requirement. If additional assistance or information is desired from this office, please do not hesitate to call on us. Sincerely, 671), 61-4°0-Z6C‘7 14/0-get,:a9- Robert E. Hallisey Environmental Technician Water Supply Branch Environmental Health Section REH/ps cc: Mr. W. E. Venrick Mr. Charles E. Rundgren Mr. F. K. Yarborough Orange County Health Department Mr. John Hartley 0 S 087 Grange Onunfg Schools 200 EAST KING STREET HILLSBOROUGH, NORTH CAROLINA 27278 OFFICE OF THE SUPERINTENDENT (919) 732-8126 April 16, 1986 Mr. John D. Hartley, President E. R. S. , Inc. Rt. 8, Box 516c Chapel Hill, NC 27514 Dear Mr. Hartley: I am writing in response to your April 15, 1986, letter reference a residential planned development (38 proposed dwellings) ---Heartwood at Blackwood Mountain (Grady A. Brown Elementary School District) . It has been our administrative policy not to express support for or opposition to any planned developments for dwellings. Our responsibility is to serve the students within our system' s atten- dance area. However, I would like to point out that as residential projects such as Heartwood at Blackwood Mountain continue to be built, a need for an additional school becomes more apparent. Additional dwellings provide additional students and we are quickly reaching capacity in our system for instructional classroom space. Sincerely, 3A4,, Ira R. Trollinger, Ph.D. Assistant Superintendent for Instructional Services crm cc: Dan G. Lunsford, Superintendent, Orange County Schools Eddie Kirk, Orange County Planning Department LINDY PENDERGRASS 088 Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929-5535 To: Orange County Planning Department From: Sheriff Pendergrass Date: April 2, 1986 Re: Law Enforcement Services For Heartwood At Blackwood Mountain 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 45000 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 persons countywide. The proposed Heartwood Development is in an an undeveloped area, therefore, a countywide average must be applied Figures furnished by Spence- D ckinson, Lynrt Dickinson and John Hartley indicate 78 new homes to be constructed. Arr average of- persons will occupy these new homes: with a. total population of 179 persons. Based on a countywide average, 179 persons will generate (179x.32 = 57.2) 57.2 calls for service, using an average of-45 minutes per call for a total of 42.9 manhours for one year Based on a countywide average, 179 persons wilt generate (1.79x.21=37.5) papers served, using an average of 45 minutes .per• paper for a total of 28.1 manhours per year 42.9 Manhours for- Calls for Service 28.1 Manhours for Paper Service Total Manhours for the Heartwood Subdivision For One Year. The addition of this proposed project and the projected 71 manhours 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 current lever of service. ORANGE COUNTY 059 HILLSBOROUGH NORTH CAROLINA 27278 EMERGENCY SERVICES 106 EAST MARGARET LANE Established 1752 M E M O R A N D U M TO: John Hartley FROM: Bobby Baker 0.L 6. SUBJECT: Emergency Services DATE: April 2, 1986 The proposed development of Heartwood to be located off Mill House Road on Blackwood Mountain is currently being provided E.M.S. coverage by Orange County Emergency Services and South Orange Rescue Squad. The New Hope Volunteer Fire Department provides fire protection for thhis 'a cti area. pdg/BB :.. • oNT E� {��� /Q��°M �r�ic GENERAL OFFICE • P.O.DRAWER 77.79 . HILLSBOROUCH;7V�27278 4.( N.C 32-PERSON • RSHIP CORpORP BRANCH OFFICE • P.O.BOX 1327 • ROXBORO.N.C.27573 April 10, 1986 Property of Spence & Lynn Dickinson Heartwood at Blackwood Mountain To Whom It May Concern : Piedmont Electric Membership Corporation will be more than happy to serve the property of the Dickinson ' s; that ' s located on state road # 1725 , MillHouse Road . We will serve this property with overhead or underground service under the Piedmont Electric Membership Corporation ' s policy , at the time they will be needing the service . If you have any questions about this , please call or write . Thank ■ , Walter Parker Engineering Supervisor WP/at .. i _ •091. • r r T.z <, x John D. Hartley, Pees.519 ?7,S-G022 ca;-: of C r.4 �- � .•%' �; , „,:1,,,..\\ Pt 8 74:,)x !i1rc v�� �! April 3, 1936 Warren Faircloth Erosion Officer Orange Co:Inty 1,J6 East "arg,aret Hillsborough, N.C. 27302 RE: Ercsion control information nee;ed for Heartwood Development's Sr:ecial Use Permit Application • Oear Mr. `a i rcloth: it is my understanding from our Tr:esday April 1 meeting that the follcriing information should be noted on the Heartwood plans to be submitted April 11 for a special use hermit: 1 . Sediment trap and stone filter at the crossina of the entry road and creek bed. 2. Sediment fence between the entry road and creek bed. 3. Sediment trap in the northwest corner of the intersec- tion of the entry road and hill road. It is also my understanding that construction details and specifications are not required for this submittal , but will be, before _,e.- : its are issued, If I have omitted or misunderstood any of our c-:nc, please let me know as soon as possible so I can rake any correction in time for the April 11 submittal deadline. Truly, John D. Hartley, Pres. ORANGE COUNTY PLANNING DEPARTMENT 092 HILLSBOROUGH NORTH CAROLINA 27278 wl 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 May 13, 1986, i mailed, by certified mail , postage prepaid, a Notice. of the Public Hearing to be held on the request by Spence and Lyn Qickinson for a PD-H-g-1 planned development rezynipg and - BLackwood MQuntain 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 21st day of May,, 1911. SUSAN J . SMITH ZONING OFFICER O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27, 1986 093 Action Agenda Item 1 SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING:_X_YesNo *************************************************************************** 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: Concerns have been identified by the Board of Commissioners, Planning Board and Planning Staff concerning cluster development provisions, recreation standards, and landscaping and buffer provisions. The attached amendments address these concerns. issue statements precede each amendment. IMPACT: The proposed ordinance amendments, if a would clarify and improve the administrationeof the Subdivision Regulations. RECOMMENDATION; Approval of amendments . PROPOSED ORDINANCE AMENDMENTS 095 ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION IV-B-5 AND SECTION II ORIGIN OF AMENDMENT: X STAFF PLANNING BD . BOCC �XPUBLIC OTHER STAFF PRIORITY RECOMMENDATION: HIGH MIDDLE LOW COMMENT: TO ADDRESS A FUNCTIONAL GAP IN ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide cluster subdivision standards and to define "cluster subdivision" in the Subdivision Regulations . ISSUES/ IMPACTS: Cluster provisions provide the development of the most suitable portions of a site, emphasize the protection and maintenance of environmentally critical areas and encourage innovative design solutions in exchange for reductions in minimum dimensional requireMents within given zoning districts . Currently clustering of dwelling units is permitted only through the planned development process . EXISTING ORDINANCE PROVISION(S) : NONE PROPOSED AMENDMENT( S) : ATTACHED ******************* ORDINANCE REVIEW COMMITTEE : DATE 4-16-86 DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 ( inforLnation_onJyj 097 DRAFT 3-18-86 3-21-86 4-23-86 4-25-86 5-20-86 CLUSTER DEVELOEMENTS PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS SECTION 22 Definitions Cluster Development: A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by- lot development, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open and/or recreation space. SECTION IV-B-5 Cluster Developments IV-B-5-a ' Intent Cluster developments, as defined in Article 22, allow for greater design flexibility and originality, permit the reasonable use of land with difficult physical conditions (topography, floodplain, unique natural areas, etc. ) respect the physical qualities of the land, reduce the overall development and public costs and, preserve open space to serve recreational , scenic and public service purposes. Cluster developments permit the modification and variation of lot and yard requirements provided that the sum of reductions in lot area becomes common open and for recreation space for the benefit of all residents of the cluster development or for dedication to public use. Development under this provision is optional . IV-B-5-b Application Criteria Cluster developments may be approved for any residential district upon the following findings: a) The tract is a minimum of 40,000 square feet for the AR district, 200,000 square feet for the R-1 districts and 80,000 square feet for all other districts. b) Approved water supply and wastewater treatment systems are available and each lot is served by separate water supply and sewerage connections. 098 c) The total number of lots proposed for the tract, excluding parcels of reserved recreation/open space, is not greater than the number determined by dividing the gross land area, excluding public road rights-of-way, by the minimum lot size requirements for the zoning district established in the Orange County Zoning Ordinance. d) The recreation/open space reserved within the tract conforms with the recreation and open space standards established in Section IV-B-7-b . e) The minimum amount of land reserved as recreation/open space shall be the sum of all reductions in minimum lot area as a result of the cluster form of development or the minimum recreation/open space required in Section IV-B-7-b, whichever is greater. f) Cluster open space shall not include areas devoted to public or private vehicular streets. IV-B-5-c Reductions In Lot And Setback Requirements For lots created as part of a cluster development minimum lot area, tot width and setback requirements specified in Section 4. 1 .2 may be reduced as follows: a. Minimum lot area requirements may be reduced by fifty percent (50%) but shall be no smaller than 5000 square feet. b . Minimum lot width requirements may be reduced by twenty percent (20%) , but shall be no less than fifty (50) feet. c. Minimum front setback requirements may be reduced by twenty-five percent (25%) except where , the front lot line forms an exterior boundary of the cluster development. d. Minimum rear and side setback requirements may be reduced to ten ( 10) feet except where the rear or side lot line forms an exterior boundary of the cluster development. IV-B-5-d Ownership of and Conveyance of Cluster Recreation/Open Space a. Cluster recreation/open space shall be dedicated public unless the Board of Commissioners finds that the size, location, type or development or cost of development or maintenance of such space or the availability of public open/recreation space would make public use undesirable or unnecessary. b . The applicant may request that the cluster recreation/open space be designated for private use. 099 c. If cluster open/recreation space is not dedicated for public use, it shall be subject to approved legal arrangements sufficient to assure its maintenance and preservation for the intended purpose as provided in Section V IMPROVEMENTS. IV-B-5-e Approval of Preliminary Plan An approved preliminary subdivision plan shall provide for a total environment better than that which could be achieved under standard regulations and shall be reviewed according to the following criteria. (a) Individual lots, buildings and streets shall be designed and situated to minimize alteration of the natural site features to be preserved (b) The usability of cluster open/recreation space shall be determined by the size, shape, topographic and location requirements specified in Section IV-B-7-b. (c) Cluster open space shall include irreplaceable natural features such as, but not limited to, streams, significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings. (d) Cluster recreation space shall be easily accessible to pedestrians, including the handicapped. (e) The suitability of cluster open space intended for scenic value shall be determined by its visibility from adjoining properties and streets and shall seek to lessen the area devoted to motor vehicle access. (f) Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between the land and the development (g) Up to one-fourth of the land with slopes greater than fifteen percent may be removed or altered only when such slopes are small and isolated and otherwise do not adversely affect their design of the development. (h) At least twenty percent of the gross land area is designated as common open space. IV-B-5-f Application Requirements In addition to the information specified in Section III -D for Preliminary Plans, applications must be accompanied by: a. Applications shall be identified as Cluster Development Subdivision - Preliminary Plan b . A detailed description of the extent to which thO U proposed modifications depart from the standard requir ements of the applicable zoning district and the reasons for such departures. c. The location, type and area of the common open space and the adequacy of the amount and function of the open space in terms of densities and dwelling types proposed . d . Written site analysis accompanied by an illustrative site map, which identifies the following: 1 . slopes 7 1/2 - 15% 2. slopes 15% and greater 3. vegetation 4. significant stands of trees 5. significant examples of a particular species of tree occuring in a native stand and specimen trees (those which have departed in some respect from the standard characteristics of the species and developed a character of shape, size or branch structure that gives them a special interest 6 . drainage and waterways 7. floodplains 8. significant rock outcroppings 9. significant scenic vistas 10. soils with limitation for on-site wastewater systems and building development e. The manner in which the plan makes adequate provision for water and wastewater treatment. f . the relationship of the plan to the environment, the neighborhood in which it is proposed to be established and the intent of the provisions providing for the establishment of a cluster subdivision . PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations I_01 REFERENCE: Article IV-B-7-b Recreation Areas ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 27, 1986 ******************************** PURPOSE OF AMENDMENT: To provide for the dedication of public recreation lands and/or payment in lieu by new subdivision developments. IMPACTS/ ISSUES: Section IV-B-7-b of the Subdivision Regulations contains no provisions which would require the dedication of public recreation and/or open space lands. Recreation areas can be required under Article 5 . 1 . 1 of the Zoning Ordinance but only in high density ( five units per acre or greater) projects. The proposed ordinance amendment would require the dedication of such lands if park and/or open space areas are designated for the property on the Land Use Plan. The amendment would require a payment in lieu if no such designations were shown. Payment in lieu would be determined by the fair market value as ascertained from tax records. Such payments would be earmarked for the acquisition and/or development of recreation areas. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENTS: Attached ************************************ ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW; MEMORANDUM a`� TO: ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLIN) \ PLANNING DIRECTOR DATE: MAY 23, 1986 SUBJECT: RECREATION STANDARDS - SUBDIVISION REGULATIONS - ZONING ORDINANCE After meetings with representatives from other Jurisdictions and the Triangle J Land Conservancy, the Recreation Director and I identified changes to the proposed recreation standards. These changes are listed below. The Board of Commissioners scheduled a public hearing on the revisions for May 27 at which time the proposed amendments will be presented for public comment. 1 . IV-B-7-b-1 Applic,abiljty This section has been revised to delete references such as "provide for" to indicate clearly that mandatory dedication or payment- in-lieu is required. A notation has also been included to denote that lands (or funds) received will be for "public" recreation purposes. A paragraph has been added to this section which "exempts" minor subdivisions (4 or less lots) from the dedication requirements. However, as soon as a property owner has subdivided land to the point that the subdivision moves from a "minor" to a "major" category, the applicant will be required to make payment- in-lieu on all lots created under "minor" approval procedures. Such a provision provides relief for families wanting to create a limited number of lots for relatives but insures that, at some point, all new lots will contribute toward meeting recreational needs. 2. IV-B-7-b-2 Dimensional Requirements The formula contained i n the o r i g i n a l draft (SF = N x P x R) has been discarded and the following standards substituted: "At least one thirty-fifth ( 1/35) of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except when land located in the flood plain of a stream or river as indicated by the flood plain maps of the Federal Insurance Administration and/or is characterized by steep slopes ( 15% or greater) , then at least one twentieth ( 1/20) of an acre of such land shall be dedicated for each dwelling unit." The " 1/35th" standard results in approximately the same 10 acreage requirement as derived by the formula. The "1/35th" standard offers an advantage, however, in that it would result in the same amount of land dedication over time. Use of the formula would result in decreasing amounts of land as the population/household decreased . The " 1/20th" standard for floodplain is higher given the nature and location of the land . Another change to this section involves the reference to Article 5. 1 . 1 and Article 6. 12 of the Zoning Ordinance. For high density projects (5 units/acre and above) and planned developments, the Recreation Space Ratios are proposed for amendment to require 1/28th of an acre for each dwelling unit. The difference between the 1/35th requirement and the 1/28th standard would be established as "private" recreation for the use of the residents of high density and planned development projects. The reason for including such a provision is in recognition of the greater demands for recreation created by such projects. 3. IV-13-7-b-3 Stte Suitability Subsection (a) has been revised to allow locations of recreation space in areas other than those "centrally located" , Wording has been added to the effect that where proposed park sites are shown on the adopted Land Use Plan, and a subdivision plat contains a portion of the park site, then the recreation area may be located at the edge of the subdivision so that additional land may be added as adjacent land is subdivided . 4. 1V-8-7-j)-4 Site improvements The first paragraph of this section has been deleted and wording added to the second paragraph which indicates that private recreation facilities (either required or provided at the option of the developer) must meet the standards contained therein . Since the basic intent of the ordinance Is to provide for "public" facilities, standards are unnecessary except for "private" recreation areas. 5 . IV-D-7-b- Method 91 provision ac Dedication This section has been amended to require mandatory dedication where land is designated on the adopted Land Use Plan for park and/or greenway purposes. Where private recreation facilities are also required (or to be provided at the developervs option) , conveyance to an association of homeowners would be required . 6. IV-B-7-6-5 Payments In Lieu 21 Dedication This section has been amended to require payment- in-lieu 105 when no dedication was required in accord with the adopted Land Use Plan . The section has also been amended with respect to the basis for determining "fair market value" . Discussions with the Tax Supervisor have indicated that a simpler method for calculating fair market value is through the use of the following formula: Current Tax Appraisal : Current Assessment Ratio The current assessment ratio (70% countywide) recognizes the increase in land values since the 1981 revaluation. This figure would be adjusted annually to reflect changes in land value. Its use would remove the need for a property owner to have an appraisal of property and for the County to hire a review appraiser. An example of the application of this method is as follows: Land Area ( in acres) 178.48 Current Tax Appraisal $322, 164 Divided by: Current Assessment Ratio .70 Fair Market Value $460,234 Per Acre Value $2,578 Number of Lots (R-1 ) 164 1/35th Land Requirement ( in acres) 4.92 Payment- In-Lieu $12,683 Payment Per Unit $77 Other provisions which have been added to this section include time of payment- in-lieu (at time of final plat approval or within one year of approval of preliminary plat) , authority of County to sell dedicated land if decision is made not to develop or use for recreation purposes, and ability to secure combination dedication/payment- in- lieu . Other than the "major" changes identified above, typographical errors and minor wording problems have been corrected . One other concern voiced at the public hearing has been addressed - holding of disparate parcels until development occurs . Contacts have been made with the Triangle J Land Conservancy, and they have indicated a willingness to hold the land in trust until the County is ready to develop same. The Cary Recreation Director did indicate that liability/maintenance responsibilities are almost non-existent and as long as the Jurisdiction responds to identified problems, there can be no legitimate claims of negligence. 106 ORIGINAL DRAFT: 10-8-85 REVISED: 1-9-86 1-22-86 1-30-86 IV-8-7-b 4-23-86 RIDS-2111211 Areas IV-B-7-b-1 . �RR1iQghil.ixX Every person, firm or corporation who subdivides land for residential and/or non-residential purposes shall be required to dedicate a portion of such land for the purpose of public recreation and/or open space areas to serve the leisure needs of the residents of the subdivision and/or preserve significant natural features and cultural resources . In all cases , 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 . The dedication of recreation and/or open space areas shall not be required for a minor subdivision; provided, however, the provisions of Article IV-B-7-b-6 (Payments In Lieu of Dedication) shall apply at the time of approval of a major subdivision to all lots previously created through the minor subdivision process following the effective date of these provisions . IV-B-7-b-2 . Dinlenligna1._Reauirement,s. At least one thirty-fifth (1/35) of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except where land is located in the flood plain of a stream or river as indicated by the flood plain maps of the Federal Insurance Administration and/or is charac- terizd by steep slopes (15% or greater) , then at least one twentieth (1/20) of an acre of such land shall be dedicated for each dwelling unit . If the 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 results in a greater amount of land, then the difference between the application of the standards above and those of Article 5.1 .1 and Article 6 . 12 shall be established as private recreation for the use of the residents of the development . 107 The total land area 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 and 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. site $ui,a1211i. .X 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 accommodating 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 quiet 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. Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: 10 (a) LcCatiam.. Land 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 p y 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 . Where proposed park sites are shown on the adopted Land Use Plan, and a subdivision contains a portion of the park site, then the recreation. area may be located at the edge of the subdivision so that additional land may be added as adjacent land is subdivided. (b) Unity, Land 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 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) Acces,g1J21lity,, Land 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 not accessible due to lot arrangement , the Planning Board may recommend, and the Board of Commissioners may require , the dedication of connecting paths which link the recreation area with other streets within the subdivision. Connecting paths so required shall begineaddition 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. • 10► , ,� Connecting� � . Paths • lift 41 ; VIM 110W7 VII VIII Iwow z4 ';� 7 IV-B-7-b-4. site Imu. armani . Private recreation facilities , either required or provided at the option of the applicant , shall meet the standards for site improvements contained herein. 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. 111. 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 . 114 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 ' - Adults (3-Wall) Long axis Minimum of 10 ' to north south. rear. Minimum 20 ' Front wall at overhead clear- north end. ance. Families Swimming Admits g Pool 0 . 5-2 . 0 Minimum of 27 sq. None-although 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 xis 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 . 113 i l Famies Park bench ,Families , One (1) Minimum table None other picnic tables and picnic table dimensions - than prviion Senior grills and trash per 50 36"Wx72"Lx30"H. of shadings 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. 115 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-aways and/or ramps , not exceeding five percent (5%) slope. IV-B-7-b-5 . M aitag_Qf_ErQyiaiQn_Qr_pQdiaaiiQn Land dedicated for public recreation area as required by this Ordinance shall be designated on both the 116 preliminary and final plat (s) of the subdivision. The land must be dedicated to an appropriate unit of local government as publicly--owned and maintained; provided, however , recreation areas so dedicated shall be subject to acceptance by the unit of local government . Determination of the appropriate unit of local government shall be made by the Board of Commissioners , upon recommendation from the Recreation and Parks Advisory Council and the Planning Board. Land provided for private recreation purposes 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. Where the recreation area is conveyed to a homeowners 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. Eaymenia_in,-Liau...a_Dadiaatian Any subdivider required to dedicate recreation area pursuant to this Ordinance may, with the approval of the Board of Commissioners , make a payment in lieu of dedication or make a combination of land 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 question. A payment in lieu of dedication shall equal the number of acres required to be dedicated multiplied by the fair market value of the land to be dedicated. Fair market value shall be determined by dividing the tax appraisal of the property at last re-evaluation by the current year assessment ratio. Upon approval by the Board of Commissioners , payment in lieu of dedication shall be made at the time of final subdivision plan approval or within one (1 ) year of approval of the preliminary subdivision plan , whichever occurs first . All monies received by Orange County pursuant to these requirements shall be used only for the acquisition and/or development of recreation, park and/or open space sites . L 117 The Board of Commissioners shall also have the authority to sell land dedicated pursuant to these provisions with the proceeds of any such sale used solely for the acquisition and/or development of other recreation, park or open space sites . COMPARISON OF RECREATION' STANDARDS ZONING DISTRICT - ' AR, R-1 R-2 11-3 R-4 R-5 R-$ R-13 MINIMUM LOT AREA PER 44,000 SF 20,000 SF 15,000 SF 10 000 SF DWELLING UNIT 7,500 SF 5,000 SF 8,000 SF REQUIRED MINIMUM -- -- -- '033 .039 .049 RECREATION SPACE RATIO (LOT-BY-LOT DEVELOPMENT) RSR (EXISTING) GROSS RESIDENTIAL LAND 100 AC 100 AC 100 AC AREA (G.L.A.) 100 AC 100 AC 100 AC 100 AC CONVENTIONAL LOT - REQUIRED ,MINIMUM RECREATION SPACE 3.3 AC 3.9 AC 4.9 AC (RSP x GLA - LUI) REQUIRED MINIMUM RECREATION .019 .022 ,025 .030 D36 SPACE RATIO (PLANNED .042 .052 DEVELOPMENT) RSR (EXISTING) PLANNED DEVELOPMENT - 1 .9 AC 2.2 AC 2.5 AC . 3.0 AC REQUIRED MINIMUM RECREATION 3.6 AC 4.2 AC 5:2 -AC- SPACE (RSR x GLA - LUI MAXIMUM NO. OF LOTS IN 92 1$5 246 370 493 ' SUBDIVISION 71+0 1 ,234 1/35th STANDARD (.03 AC) 2.76 5.53 7.38 11.10 14.79 22.20 ?j,02 PROPOSED 1/28th STANDARD (.04 AC) NA NA NA PROPOSED NA 19.72 29.60 49,36 ADJUSTED MINIMUM RECREATION SPACE RATION (PLANNED DEVELOPMENT) 56 '074 .111 .197 .296 .494 RSR - BASED ON 1/35th STANDARD THROUGH R-4 AND 1/28th STANDARD R-5 AND ABOVE DIFFERENCE (PRIVATE I NA NA NA 12.34 4.93 7.4 RECREATION REQUIRED) EX.ISTING ORDINANCE PROVISIONS 5.1.1 SI ll11!>e11.6 Pt?II Itt;Brui3H7IAr. ARYKrA11911R1f1 Blume Aw TM PAN11.$1 ' 1111r.�'II�A11ee.T, nespllalrrinr. IKiY61.0, tuxgllllli IKNir1F181 lf1Y2i Hill. IArr ARM 161111 1ilH. IUIQ- 81144 i 01011.1.1 Nf; urr 1411x. IIGl1fi. i1f11. 11It1J88 I[�• 11 ftchif rru�rr 9111JA uOU:Rr LAIII) A" :ur shell Amt sm - IRIi'F' H1IrFT1 889YlAr.K 867'11ACK 1111;. OP1lrli �• Hl/l. ---------------. - -- (role 01114 AAY1M0 I.I YBA*11.1'1'r 141COBATIO11 IArc 410,ljno `-` ._ _ PAR 1111110 OpACB lU►TIo ArRtli MT90 150 40 28 25 All r'E1-1 411,1100 _ _ - _,-171-2 40,0811 _ _ 25 00,000 ?Z .U50 - 25 110,800 32 .0{ .73 .019 Iali 4tl,1'nel 1311 411 .030 .04 618 III Ila-1 4ir,ul�rl - 20 25 _ _ Jr,? _- 1'11-2 4Q,l1tIU _ as 04.8811 32 • - - _ 60,0110 2Z •050 •0{ .75 .019 1111 211.11118 1011' ]FI - _" .050 .04 .73 .019 let I'Il-) lQ,UnrF _ _ 15 25 _ _ I'Fi-! 2[I,lI1llF 25 45,U00 36 .076 -_ iirl' l5,uuri 1110 30 -- 23 -- 45,800 2D .001 .82 •70 .032 15 35 _ �. _ .,_7� .023 25 70,000 TIl .1U0 .0u - 25 78,0U0 11 .65 .02S 23 LOT III,8u[F 75 .107 •80 •62 .026 . 14 I'I�-1 - _ 10 25 _ _ _I'u-2 - _ _ - 2S 1;.000 35 .141 .70 ~T - ---_. . . 25 15,0110 3b .153 .7S .6{. .010 , earl 7.5Qe1 58 •20 1Q 2S •113 .030 5 Isla-i _ .. - 25 10 000 36 .174 .77 .53 011� . 411 .780 .76 .52 .Oi6 " 25 10,000 4l .214 .76 I[rr 5.000 511 20 8 .51 .039 - 25 - 43 .246 .75 2b 7,000 4S .70] .7{ .49 .039. 25 7,000 46 .201 .74 .40. .043 Iarr 3,000 50 20 8 .46 .046 l I'1, 1 _ _ 25 _ {0 ' .740, .73 , .45 .049 1'11-2 - _ _ 25 5,U86 50 .400 .~-IArr •_ --.-. 25 5,080 Sl .429 .72 •4{ .052 'I I'll•i _ - 35 - .4i .055 -191-2 _ - lS 5,008 38 30 .100 - - ` ------ .00 .65 5,1100 31 -.107 .B0 .63 .U25 MIS a 35 I'll•2 5,00* - - _._ 40 .200 .76 .52 .618 ram---- 35 3,000 41 .214 .76 .51 1 110-1 - - 45 _ - .039 45 5,000 50 .4no .053 45 __ S,Ilri11 51 {29 ..IAF 411.Ono 1.10 48 _...20 23 - • •»r.�.�l..� I'M 2 - _ 15 spot* {0 .2 0 -'_'�'.� • .. 35 5,ou6 X11 .3 1 476 ,31 .OZ6 .039 low f Proposed Anendments 3i'IIC,Rwe Yule tl[iSI1juji-VIAl. IeV,111t1A1'IIFNfi'i $11t+ildi Allis 'M FAHII.Vi MI3I:i'lIAI1lI.Y, RIiSN1HNr1Al. 1{43'i{if}+ Ifix*11hil Iltillues, Iihi:s Hill. MIT trli�- AMA I'Vii I11H. tll?Q, �ti,h i' HAx. Illdlri. 111H. ARMS lieu. 11114. rxia:I.I.IHI; It+'r 1°IU�lI7' ItRAR IIRt[ylY 4411311 pro; 111H. �R• ill,!. 4111 r I IMI SEVIIM:rt SVII3ACR -- -I-A lis JkFCA till! ilAM. Si'Ai:i3 I.Iv8A1i11.1TT I11iCil13lisle.i --------- -...-- --------.-.--•-•--- lntl S Oill.v) AAC/}4{1 l7AN RATIO 8 @ttCR M7'14l 8l'8CH' RATIO tirr 40,4100 .1511 40 --_.__-- 20 •-- _-- All I•„-1 4(t.unto _ _ 25 rH-1 441.Owl _ _ - 15 00,0110 22 .050 .04 .029 + 25 no,Ono 23 .75 Q ] t err 4rl,urn, }l0 40 2i1- 25 .050 .n4 X75 tl 4 1.0-2 40,mu _ _ - 25 � 80,0011 22 .030 104 _...... 25_ OD,iluR 22 .7s .(131 t.rrr• 20,004 }1111 it 1 15 35 .650 .84 .7S .U3 20'(11m a� 45,OAf1 xG .076 .70 .0��.^ lav;' - f',,r►rlu 1n0 30 --i - 4545:088 20 USO? .7Z .0 59 25 la,ornl 10 .100 .00 .65 ,v - ?Art---i1),0411 '----- ---25 -- 10,000 3l .107 -_ .O0 62 73 25 10 25 w VD-1 - - - - as - - - •.111 15,000 3�i ,.141 .70 .54 25 ll ,4111' 7,5{311 511 •20 --- _ .132 .74 -- .51 IQ '25 .174 .7y .32 .197 mi-2 - _ _ 25 10,000 40 .200 ,76 .52 .2Q0 , 25 lo,Ouo 41 .314 .76 .51 _203_Iar{ 5,000 50 20 a 15 - hn-1 - - - 41 .246 .75 .49 _I'It-2 - - - - 25 7,000 4S .203 .74 .2gg9CC]6 -- 25 7,000 4U .90. .• ��02 earl. ...-3.t30n ---..-. 541 2t3 .__._; .103 .73 . ., .46 - 25 _ 40 .340 .73 , .45 �[}-- --- - 111,,2- _ _• - 25 5,Ono 50 .4041 .72 .44 tare _ _ ---- __--�_._ 5.000 51. .429 .72 .47 . 00 5.4100 - .07� 341 .100 .00 .65 077 -[ rs, __35 5,600 31 .187 00 .r;Z . 2 111-1 - _ 35 _ _ _ --- [1Q_._- 1111-2 35 5.000 40 .2011 .76 35 5.1300 41 .214 Uri, 45 45 5 a{10 .44 .200 �...._._.. __ 45 5,0110 51 .429 .72 .203 Ctrl••• 4tl_nnnM••-•-•'170 -- 90 .._......-20 ..�.......29 .._.•,.-,__ ..._.._�. •4���.,��.__..-._-.�.� I'1,•1 - - 35 - - .111 280 415 5,880 41 .117 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations 123 REFERENCE: Article IV-B-8 - Landscaping and Buffer Requirements ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 27, 1986 ******************************** PURPOSE OF AMENDMENT: To provide more definitive standards for the provision of buffers between incompatible land uses and to set standards for the preservation of existing tree cover and installation of new vegetation where nonexistent. ISSUES/ IMPACTS: Existing ordinance provisions provide an open-ended standard regarding buffer strips and no provision for preservation of existing tree cover. The proposed standards will address such concerns and will enable the County to protect important ecological , aesthetic, recreational and economic assets. EXISTING ORDINANCE PROVISIONS: Attached - Article IV-B-8 (Subdivision Regulations) . PROPOSED AMENDMENTS: Attached - Revision to Article IV-B-8. ************************************ ORDINANCE REVIEW SUBCOMMITTEE: April 16, 1986 PLANNING BOARD REVIEW: May 13, 1986 BOCC REVIEW: 071 . IV—B-8 BUFFER STRIP - 125 A buffer strip may be required in a subdivision adjacent to railroads , Limited access highways , commercial , development , industrial development , critical areas of natural environment and agricultural areas where the Planning Board .shall find an incompatibi Lity betweeen the existing use and the proposed use . The Planning Board shall determine whether the buffer strip shall be of maintained natural vegetation or other materials such as fencing . This strip shall be a part of platted tots , but shall have the following restriction Lettered on the face of the plat "The building of structures is prohibited on this strip pursuant to Section IV—B-8 of the Orange County Subdivision Regulations . " The nature of the existing use on the tot adjoining the buffer strip shalt also be indicated on the plat . *IV—B-9 WATERSHED PROTECTION STANDARDS *Amended In every subdivision , provision shalt be made for 11-19-95 the protection of water supply watersheds of regional importance . Lands which are within the boundaries of such watersheds shalt be subdivided and developed only after proper provision is made for the preservation of vegetative buffers adjacent to streams draining to existing or proposed reservoir sites and the first one—half I L/2) inch of stormwater runoff from impervious surfaces is infiltrated into the soil . IV-8-9—a. Aoo 4i cabi li,ty_ Water supply watersheds requiring special protective measures include all property Located within the Neuse and Cape Fear River basins outside the zoned portions of water supply watersheds designated in the Orange County Land Use Plan . IV—B—S—b Stream Buffer Standards In all new subdivisions Located wtihin a crater supply watershed of regional importance , the preliminary and/or final plat of such subdivisions may not be approved unless stream buffers are provided in accordance with the following standards : 1 ) Stream buffers shall be provided along all perncnnial streams within or bordering new 32 `. 072 126 IV-B-8 . Landscaaino and Buffer Reoyirements. IV-B-8-a: Aooticabi lity In every subdivision , provision shall be made for the protection , preservation ; proper maintenance and use of trees and woodlands Located within the subdivision regulation jurisdiction of Orange County in order to achieve the following : ( a] To prevent damage from erosion , siltation and flooding , and to wildlife habitats ; (b ] To absorb pollutants , filter impurities and add oxygen to the atmosphere ; (c] To modify the climate through reduction of temperatures and absorptionlrefLection of solar radiation ; (d] To serve as buffers between incompatible Land uses through visual screening and the reduction of noise and glare ; and (e] To provide important physical , aesthetic , recreation and economic assets to existing and future residents of Orange County . Where tracts or parcels of Land are to be subdivided which have been cleared or harvested of trees prior to application for subdivision approval , provision shall be made for the installation , maintenance and use of new trees and vegetation in accordance with the provisions of this Article . IV-B-8-b. Protection of Existing Vegetation On any land for which application for subdivision approval has been made, no person , firm or corporation shall remove or cause to be removed any trees cr other vegetation except in accordance with approved plans . Concurrent with the submission of a final plat for minor subdivision approval , or a preliminary plat in the case of a major subdivision , the subdivider shall submit plans or drawings at the same scale as the plat which identify stands of existing trees and those trees which are to be preserved upon project completion , specifying their Location and approximate size . Differentiation shall also be made on the plans between deciduous and evergreen plant species and between existing trees to be preserved and proposed planted trees . 073 . 127 s-8-b- 1 . Designation of Treg Pregervgtion Areas Existing trees , regardless of size , shall not be cut or otherwise damaged or destroyed within a primary tree protection area , and existing trees having a diameter of one (11 foot or greater shall not be cut , damaged or destroyed within a secondary tree p ro.tact i on area defined as follows : (a1 Pr ' r - T P ct t ' an A e That portion of a subdivision or any lot therein which is to be used for required recreation or open space area ; front , rear and side yard setback areas ; and/or buffer requirements of this Ordinance or the Orange County Zoning Ordinance. In unzoned townships , a forty (401 foot front yard setback shall be provided adjacent to a street right-of-way Line for the preservation of existing treas . A twenty ( 201 foot setback shall be provided along side and rear property Lines for the same purpose. (b1 Secondary Tree Protectign Area . Any portion of a subdivision or any lot therein not included within the Primary Tree Protection Area , IV-B-8-b-2 . Exceotigns Upon approval of a final plat for a minor subdivision , or a preliminary plat for a major subdivision , existing trees may be removed only from designated street rights- of-way and utility and/or storm water drainages easements . In cases where the retention of existing trees would create unusual hardship or development problems in building sites , recreation , open space , setback and/or buffer areas , the Planning Director or his/her designee shalt determine when such hardships exist and may designate that certain areas be planted with new vegetation in lieu of preserving existing trees . The Planning Director or his/her designee may approve the planting of new trees if one or more of the following conditions exist : ( a ) Necessity to remove trees which pose a safety hazard to proposed buildings ; (b1 Necessity to remove diseased trees or trees weakened by age , storm , fire or other injury ; (c) Necessity to remove trees in order to construct proposed improvements as a result of the need for • 07 DESIGNATION OF THE PRESERVATION AREAS 128 . ;1Iirei+.r eeriMpsiiril�►.'+IrWilrsWIV r.4D-WW �.T 111si1♦ii +11i*11*i11+1111� " 11#11♦ . #t, k# 11�-I� ►ij:0r tv P1#♦♦ •PEN SPACE AREA 11 +11 ♦�M •i1# *11/1111 • ,+ ►1111 11111511110- �� •** **•***** *1111+ 111�t4 ��►.. �� e###s1;1 V*1A 11iif".****♦1**1i�1111r1+-s4'= 04%.* x.4:1 l�S14* s ���*, 1111�.� 1.+11/111*�1 /1Ii► •• �t� .� "♦♦**ice- r♦ i1f`�- 11111� 1 + .i'� ✓.I* ± - .. �*1���,,���"''��11*ice+*Ij��.. '�•��1�11�1 ri, �*t�♦' �..�►*s,• �t 11***4 :���►!}r *+11*i�1!.% �'+��11�►j11y1i1 3..r� j�►� � v••••• f�♦i'4 ♦ 1 1 ♦1 ► ►♦1♦•/ ♦ ♦�4.4* • • V. ** 111♦*�&•Asf;1�V.', 1, 1��* 1r. * - •• �� ili r i 1 3 774" 4'.:',‘-4`'�- Ivey , a ♦1 f1 411 4, V 'T = 1 a � '■1St- f��. Q * 4I;Army - ;*. it r `GIs.. ,. �*►*011. ,t��4,,1 g 1i �� ,1 r► �,�"`�'�►+r1�11+I►*1#�►�` * t� "#1,4j�►`1 * ►1 a -i r*t*sf11i�*�i♦141/1*11111♦1* -w1 a ♦ �1* �#� . 111# _ #1*#*1***********,`1♦*1111#iiv.meglM ������.�` rf #*11**i11ii1-=*`�'.`r�. i-iii ♦#Iri ►11P►11*1�. �'1�'111**1*111*++�i1'* •1111+1♦1rAv e e *;- A'►p`.► , 1+1►*1�+♦1'j���'N*�'i1i1,�A�11'r1 �'' ' 1 F, �' '`jr► �s♦11f1 R.= CR ♦1r1i�� ,�1� ��, �tfe #f�1♦ ►♦#* ...CREATION ON 1 A►1 ■ X+ i4♦ !*1 ♦i♦i1��_ f'.. *1 141 *♦� - REA *4 11 1♦_W� �II 1: 11 STRIP V ► ►i*♦♦■ ♦111111►����r4�� 1���;4t; #"•' **#1♦1# .P#11*11111*♦j* 0- **II 4P- 00 . 'i 1`i1111� j �11�• 1411 ►04 ~� Q OFFICE COMPLEX :�*#1«1 �*1*♦lr##j#`11+�y�� �11, r�►ti"�0 SITE E Legend: NOM: PRIMARY TREE PROTECTION AREA (Open space/recreation areas.; required buffer strips; and front, rear and side yard setback areas) 1M2M SECONDARY TREE PROTECTION AREA 129 access around proposed buildings for construction equipment ,, the need for access to the Lot or building site for construction equipment , and the need to account for essential grade changes , surface water drainage and utility installations ; (d) Necessity to observe, good foresty practices , i .e. , the number of healthy trees that a given parcel of land will support ; and (e) Necessity to remove trees which may pose ' a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services . ICI-B-8-b--3 . Frotecti vg Measures During the development and construction of a subdivision or any lot therein , adequate protective measures shall be provided to minimize damage to existing trees and other vegetation . Protective devices such as •a cord fence with strips of surveyor ' s flagging attached shall be installed prior to any grading , construction work or traffic taking place near trees to be retained , and shall be maintained until all work has been completed . Such devices shall effectively protect the roots , trunks and tops of trees to be retained . Grading shell not take place within the drip line trees to be retained . Where P drip Line cannot be avoided , the following measures shall drbe used to maintain the life of trees : (a) Limit cuts and fills to one-fourth (1/4) to one- half (1/2) of the area within the drip line of a tree ; (b ) Avoid cuts and fills around the entire circumference of the tree ; ( c) Root prune a tree several months prior to any cuts within the drip Line ; (d) Prune tree limbs in an amount which reflects the area of the roots severed , but in no case allow pruning to exceed thirty percent (30%) of the Limb area . Fertilize and water the undisturbed site of the tree ; ( e) Where cuts have Left roots exposed to the air , cut roots clean and paint promptly with a tree paint ; and 0 130 75 If) Avoid filling within the drip Line of a tree without some method being installed such as a tree well to allow the tree to breathe and to allow water to reach the roots . Vehicular traffic , storage of heavy equipment and stockpiling of soil or . other materials shall not be permitted within the drip Lines of trees to be retained . No paving with concrete , asphalt or other impervious material within the drip tine of trees to be retained sha L l be allowed . IV-B-8-c . Landscaping Standards Where a subdivision is proposed either on Land which has been previously cleared , or trees have been approved for removal under one or more of the exceptions listed in Article IV-B-8-b-2 , new trees shall be planted in accordance with the provisions of this Article . IV-3-8-c- 1 . Ream red _LancLscpo i nc As a requirement of a subdivision approval , the subdivider shall plant sufficient trees so that there is at Least one (1 ) tree for every thirty (30) feet of frontage along both sides of a l l proposed streets in the subdivision . In addition , there shall be at Least one 1 Cl ) tree for every two hundred and twenty-five ( 225) square feet of Land area designed fart required recreation or open space area , and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance . Approved open play fields , building sites and other similar recreational facilities are exempted from Landscaping requirements . Trees to be planted in required recreation and/or side and rear yard areas shall be spaced thirty (30) feet on center . Trees to be planted in required buffer areas shall be installed in accordance with the provisions of Article IV-B-8-d of this ordinance . IV-B-8-c-2 . Installation and Maintenance Existing Landscape material in a healthy condition may be used to satisfy the requirements of this Article. in whole or in part when such material achieves the intent of this Article . Sound and accepted horticultural practices s h a l l b e used to protect the root zones o f a l l retained existing plant material during construction and also during underground utility installation . All new landscaping shall be of good quality and installed in a sound , workmanship- Like manner and according to the 07 1 . • 131 REQUIRED LANDSCAPING ? � ( r BUILDING A,ezi;$5 Jr RE '�/� �'.'!� '`►� SITE r �R, CR EAT I O N � n r `� i�ir �.' 'i�� .`;' AREA 44. ,�_ <�IT v*1,. PrigN. --/k. 0; ~/6�ilKt r�riJt 7g '4t9 BUILDING• '% ' fiN-: '.!_rercirA. -AVIWirtil N40- .,46 prr - r ao• 0,e. ∎ 47 ,i9'_, j • ' y'rter` --- •'ffi /1.• o, 4)- ,� \'Q ,N -r E dli OPEN it-�rt � 4/ii� A ; 1/4+ . PLAY i �,N A h4 . -f_, , r� o• � ''� `� FIELD .- rfi j� �� ' :11�,`�0. ?` 1i AYAfige A-"76?/. ,-,-...--71-& -N-- .__ „..i._ ..cier"„t„.... trirrz-4,1104*.ii.z• n, ..Aild si TE ,Alto;;;;ips-__ , i.=... 6. ti, N _/.40475;,( yttY ' ./-'' f' ,.,..-4ko. ;..---- 4VP.1W, "Arl' . ik. .." - � / �- I V �� � BUILDING .. � � � \ r� SITE . � Legend: ------- STREET RIGHT-OF-WAY LINE/ PROPERTY LINE ----•-- SETBACK LINE RECREATION/OPEN SPACE BOUNDARY � F TREE SYMBOL • • -, r Q7$ • I32 following 'planting procedures (See Appendix for detai ls) : ( a ) Planting holes shall be dug at least one—third 41/3 ) larger than the root- ball . If the soil is poor, holes should be dug two [ 2] or three [3) times Larger than the ball and. backfi L led with rich top soil . • (b ) Plants shall be planted in their permanent Location immediately upon delivery to the site . Plants shall be installed so that the top of the root ball is one and one half (1 1/2) inches below ground Level . String around the stem of the plant shall be removed and the burlap around the root baLL folded from the top after the plant is in the hole . Soil around the plant shall be tamped to remove air pockets, and a good mulch applied to help retain moisture . ( c) ALL trees shall be staked to prevent winds from Loosening the roots . [d) ALL plants shall be soaked thoroughly with water immediately after planting and once a week (unless soaking rains occur) thereafter during the first growing season . ( e) ! Deciduous trees and shrubs shall be cut back to between one—half (1/2) and one—third (1/3) their original size following planting . Evergreens are required to have only Light pruning and shaping after transplanting . Where new Landscape materiels are to be installed , the type of Landscape material to be used in meeting the requirements of this Article shall be compatible with plant materials existing, both on the property to be subdivided and on adjoining properties . No synthetic plant materials may be used to satisfy the requirements . At installation , trees shall not be less than ten ( 101 in height , and shrubs shall not be less than twenty—four ( 24) inches in height . In any event , plant material required for the purposes of this Article shall be of such initial size to reach the required height within two [ 2) growing seasons after installation . Installation and construction practices shall be utilized which preserve and replace existing topsoil . The owner or developer cf the property shall be responsible for the continued proper maintenance of all landscaping materials end shall keep them in a proper , 073 133 • neat and orderly appearance , free from refuse and debris , in accordance with the provisions of Article of this Ordinance . IV-B-8-d . Buffer Reauiremgnts Buffers shall be required d to separate a proposed subdivision from adjacent major streets and different Land uses or zoning designations in order to protect , preserve and promote the vi sue t appee L , character and value of the proposed subdivision and/or surrounding property ; to provide for the separation of spaces and provide for a sense of privacy ; to promote the public health , safety and welfare through minimizing potential nuisances such as the transmission of noise , odor , dust , Litter end glare of Lights ; and to provide screening between incompatible land uses . except as otherwise scrRcificallu provided in this Ordinance , the tyre or buffer requ ired between a proposed subdivision and adjacent streets , Land uses or zoning designations shall be as specified in Article IV-B-8-d-3 of ,this ordinance . • IV-B-8-d- 1 . I.ocatacn and Use of_Bu °fern Required buffers shall be Located along the interior or street Lot tines nearest the adjacent streets , land uses and/or zoning designations . Buffers shall not be located on any portion of an existing or proposed street right-of-way or utility easement . No building or structure of any type shall be erected , constructed or installed in a required buffer area . IV-B-8-d-2 . Gs,ignation of Buf_f�rs A required buffer shalt be designated as a part of platted Lots and shall have the following restriction Lettered on the face of both the preliminary and final plats of the subdivision : "Land Use Suer: The use and maintenance of this buffer and the building of structures thereon is restricted pursuant to Article IV-B-8-d- of the Orange County Subdivision ;egutations . " The nature of the street , land use and/or zoning designation adjoining the subdivision end/or required buffer shall also be noted on the plat . rho Sctigdute of nec?uired Buffers 06.0 134 The type of buffer required between a proposed subdivision and adjacent streets , land uses and/or zoning designations shall be as specified in the following tab le . The type of buffer required is determined by the existing and/or proposed principle uselsl in the subdivision for which approval is requested . To determine which type o•f buffer is required adjacent to an existing and/or proposed land use , identify the existing and/or proposed principal uselsl in the subdivision , then identify the ' adjacent existing and/or proposed Land uses . The type of buffer required is identified at the intersection of the two columns . To determine which type of buffer is required adjacent to Land which is vacant and designated in a particular zoning district , identify the existing and/or proposed principle usels] in the subdivision , than identify the adjacent vacant land zoning designation . The type of buffer required is identified at the intersection of the two columns . If different land use types are proposed within the subdivision , the type of buffer required between such uses shall be determined by employing the same procedures . For the purposes of this Article , "adjacent" Land uses. and vacant Lands shall also include uses and • Lands across a street , other than an interstate highway , from the proposed subdivision . IV-B-8-d-4 Standards for Required Bu ffy rs The types of buffers as described in the following table are to be used as the basis for the schedule of Required Buffers set forth in Article IV-B-8-d-3 . An opaque screen is intended to exclude completely all visual contact between uses and to create a strong impression of spacial separation . A semi -opaque screen is intended to partially block visual contact between uses while maintaining a sense of spacial separation . Compliance of planted vegetative buffers will be judged on the basis of the average height and density of foliage of the subject species upon maturity . Compliance of existing vegetative buffers will be judged on the basis of field observation . Upon maturity , the semi-opaque or portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten (1C ) feet in width . Suggested planting patterns to achieve the buffer standards are provided in Appendix .�,� plant 0 81 ' 1 •saa*AJr,losn,rnal/6y I1.... I;..I WI co!c,l c."i `--I-4 1 -AI SI ai lI z Imo;—+z • !e!JSnpul p.uuold pue —1 1 ',ueuteela*.0 Slwouaa3 7'E pue Z '1 Ies.usnpul t� t+. u..l C C.? C.> L.I.- 4 C C C 4 +� d C SigelAeuaK.Q Z Z .� 2 �. _ 'I.1Jjsepul Bur,srx;l Buluez Zlog J,snpuI puo IeraJ.wure� far /awwo� 4ur,slx.-J 114 pup lolateuauor Isus Li. LW C C� IJ. C C .0 i.► r t7' 4 4 4 - 'maiMtuue, AJrummo S Iola1llo� (soar pu. ' alu uc lolawwwe0 p•oy/ogyel.N I.,..t =I o CD CD = = h •4 4 C., 0 1�. W C 4 4 - } W El lel,wplsi» y` — C. = 4 '� c-7 ��C 4 W q r>! 1�1CI c� =I C 9 lolJua!!1e = - 1114 4 C a . 4 19 C..1 = © = L4. CM p ESE meueY4lsap p. !o1,u•psill C.7 011:317413=11151:11:112 C la-1=i ® V 6Yruez 0 . leiwplsab C 1414""" CIM®C C:113©1:10 QI w- ca LL C leuwpltiy u ! �Qc�. a c 1�. 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WCvCD Irun Burl lamp ',f'Ds 6666-0014 O v 4 d CO •W ...1 = J.d.ZlsICI z 7'a calGaroll� 1J_ ca1aiv wnwlulw WyM ,;'bs 666'9l -000'0L C.a 4 C d 4 7'^I. C:+ ,uauoel.A.p _ 2 I L7'. C CIC�Ii a01 1 0 I O Nuapis.b Win 666'6(-000''1 4 4 "Z I 4 =I V I p V 1,1_ c+.I ca ■ 4 I=11.+. t..u.. c- :.1-J 1= • If¢s 6666E-000 OZ I¢ C I 1 r "---"---''j_ ,- Ja1004 J':'40)1 000'017' C = Ca =I W I. w = 0 (/�) e ( e p V/ I - - r a l m �-E l I .a 1 a l m ' � v s5 I „� C7 � S m v a a p d . 4O e+ c - ca IA 7.`.. ` 0. e. p A m ! ° : 1 m c- . 7'i o cz{ C (-, P C ? Y m " C ec _-1 RC 2 O -- 0 a' a ?.. D 4.14 o C C o 4 ~ - v w ' y 1 ^ o 7 U_J +J Q O O m 6 ¢ t a 3i.^ I '.. !U IIWI 5urlleacJac sAOMadlll sarl!IIIIl W a7rs ICI Wnyllully a,aut. pin lalanoo,_ !o+J,snou; lu.waotaAia! IuaptSa DIM Ca Z sJaaJjq txltioJ}IoZ aDaJnesa� • rolaJawuta� 08 • • materials installed to satisfy the buffer requireme is of ArticLeIV-3-8-d shall ie installed and riaintained in accordance with the provisions of Article IV-B-8-o-2 . IV-3-8-d-4 Standards for Ae aired Suffers Required Buffer Buffer Buffer Description Type Width A buffer composed of deciduous and/or evergreen vegetation , forming semi - opaque intermittent visual obstruc- tions from the ground to a height of Type A 20 feet at least thirty (30) feet . A buffer composed of deciduous and/or evergreen vegetation that is opaque from the ground to a height of at least five (5: feet , with semi --opaque or intermittent visual obstructions Type B from the opaque portion to a height of 30 feet at Least thirty (30) feet . Same as for__Type B except opaque portion shalt extend from the ground to a height of at least ten (10] feet , and semi -opaque portion shall extend from the opaque portion to a height of Type C 40 feet at Least thirty (30 ] feet . Same as for Type S except opaque portion shall extend from the ground to a height of at least twenty ( 20) feat , and semi -opaque portion shall extend from the opaque portion to a Type 0 50 feet height of at least thirty (30) feet . A buffer composed of predominantly evergreen vegetation that is opaque from the ground to a height of at • least twenty-five ( 25) feet , with semi -opaque or intermittent visual obstructions from the opaque portion to a height of at least thirty (30 ) Type E 75 feet feet . A buffer composed predominantly of evergreen vegetations that is opaque 083 138 in aLL seasons of the year from the ground to a height of at least thirty Type F 100 feet (30] feet . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 139 • ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27, 1986 Action Agenda Item # SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING:_X_YesNo *************************************************************************** ATTACHMENTS: Proposed Text CONTACT: Marvin Collins Amendments 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 cluster development provisions, recreation/ landscaping space ratios, mobile home skirting/screening requirements, time periods for initiation of construction of Planned Development projects, application and pre-application review periods, and the consolidation of Special Use and Planned Development provisions. The attached amendments address these concerns. Issue statements precede each amendment. IMPACT: The proposed ordinance amendments, if approved, would clarify and improve the administration of the Zoning Ordinance. RECOMMENDATION: Approval of amendments. PROPOSED ORDINANCE AMENDMENTS 141 ORDINANCE : ZONING ORDINANCE REFERENCE: ARTICLE 6 SECTION 6 .2 AND ARTICLE 22 ORIGIN OF AMENDMENT: X STAFF PLANNING BD . BOCC X PUBLIC OTHER. STAFF PRIORITY RECOMMENDATION: HIGH MIDDLE LOW COMMENT: TO ADDRESS A FUNCTIONAL GAP IN ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide cluster subdivision standards and lo define "cluster subdivision" in the Zoning Ordinance. ISSUES/ IMPACTS: Cluster provisions provide the development of the most suitable portions of a site, emphasize the protection and maintenance of environmentally critical areas and encourage innovative design solutions in exchange for reductions in minimum dimensional requirements within given zoning districts . Currently clustering of dwelling units is permitted only through the planned development process . EXISTING ORDINANCE PROVISION(S) : NONE PROPOSED AMENDMENT(S) : ATTACHED ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-16-86 DE PLANNING BOARD (PRELIMINARY REVIEW) :DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 57.20-D5 143 DRAFT 3-21-86 4-10-86 gkU.I B P YELOPM NTH, PROPOSED AMENDMENTS TO THE ZONING ORDINANCE ARTICLE XX DEFINITIONS ADD Cluster Development. A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract . Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot develop- ment, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open and/or recreation space. ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS REVISE 6 .2 Height LimitaiI4ns to read : 6 .2 Modification of Dimensional Regy iremenfs Except as provided in this ordinance all structures shall conform to the dimensional requirements established in Article 5 . 6 .2. 1 Height Limitations 6 .2. 1 .a . (Paragraph #2 of Section 6 .2. 1 of current ordinance) 6 .2. 1 . b (Section 6 .2 .2 of current ordinance) 6 .2.2 Clter Developments Minimum lot area, lot width and setback requirements as specified in Section 4 . 1 .2 of this ordinance may be reduced for lots created as part of a cluster sudivision as provided in Section IV-B-5 Cluster Developmees of the Orange County Subdivision Regulations . PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 5. 1 . 1 - Schedule For Residential Development 1 4 4 ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 27, 1986 ******************************** PURPOSE OF AMENDMENT: To insure compatibility between recreation standards proposed for the Subdivision Regulations and those contained in Article 5 . 1 . 1 of the Zoning Ordinance. ISSUES/ IMPACTS: Section IV-B-7-b of the Subdivision Regulations is proposed for amendment, and new standards would require the dedication of recreation and/or open space facilities or a payment in lieu . The proposed amendment requires recreation and/or open space lands based on the application of a standard equivalent to 1/35th of an acre for each dwelling unit or lot in the proposed subdivision . A higher standard ( 1/20th) would apply for floodplains or steep slope areas . The amendment is worded such that the amount of land would be based on the standard or by application of Article 5 . 1 . 1 (Recreation Space Ratios) of the Zoning Ordinance, whichever results in the greater amount. Application of the two standards (see attached comparison) indicates that the standard in the Subdivision Regulations will consistently result in the greater amount. An amendment to Article 5 . 1 . 1 is necessary to adjust the required minimum recreation space ratios to match the Subdivision Regulations standard . In addition to consistent standards, the Recreation Space Ratios have been revised to provide a higher standard for projects with a density of five (5) units per acre or greater. This was done to establish additional land for the greater "private" recreational needs of project residents . EXISTING ORDINANCE PROVISIONS: Attached - Article 5 . 1 . 1 (Zoning Ordinance.) PROPOSED AMENDMENTS: Attached - Revision to Article 5. 1 . 1 . ************************************ r Existing Ordinance Provisions 5.1.1 S11IM1111.8 Pt111 lies111B11VI,%l. 118N111+011021'i'1 OSlifilm Ann 7N0 PANII$1 HIU-TePAHIf.Y, ABS11H1umb 1101711.01 Imm"11111 01141skme mum H111. lAwr 1 . A11f3A 1•Idll III". Iwo. slfiK i rlrtl[. A1.11R. M111. 41HAS A®11• N111. f1 IRLI 1IHi Iiri rigor R15A11 11B1[lllf LAUD AllrlA lalf ORIN. 0-11'811 Pte: SIIN. Ste. N111. --------11HIT flli ill ORTB tCK GETUACi1 ;Ptl'8 171f1Y� AAYINR 0�AL11T IdY6A011.1Yr S18CAllA31011 ----- -- - rAK RATIO 111'ACIr "ISO NPACll "via frri' 40.400 1S4 40 20 25 - ------- All 1'11-1 40.1100-! - - - 25 00,000 22 - . - y 1,1-12 411.0419------ __ - + .0511 .04 .76 .0151 _ 25 84,000 22 .056 .114 .75 1�1r 411,111111 1 l0 411 211 .919 Ill IY1-f 411.01191 - _ 25 - 1'0-2 44,0041 _ _ _ Is a4.4W1 22 .OSO .04 .75 -- __ as 00.4110 22 0511 04 .019 1.1rr 211.41uU .75 .1019 1114 lU IS 25 35 45,900 26 -_ 1'10-2 20,01111 25 .4176 .87 11rp --1'1,00-10• l[IO 30 -- Is 35 45,114141 an.._.. .U01 .03 � .73 .02 tl t'11-1 - _ - - - --� - - Z3 30,0011 10 .1U0 .00 .65 .1173 -_25 30,0U0 31 .107 .841 .. .62 .n3s firl 10,41110 75 25 10 25 .-.-. 4 1'11-1 - - - - 25 t4,000 ]s .141 .70 .64, .034 _ _------- --- - 25 15.000 36 '.152 .74 _ .57 1A fl, 7,54(1 _511 .77 5 1111-1 _ 20 " ---10 Z5 30 1111.2 - _ _ 14,900 40 . .300 .76 .53 .036 -- -- - 25 10,000 41 .214 .76 .51 .010 lirt 5.000 541 20 0 25 25 - 43 .240 .73 .49 7,000 45 .203 .74 :48. .042 25 7,000 46 .303 .73 .46 .1146 ltrr 3.1100 541 20 0 25 40 .340. .73 . .45 .049 I•!1 2_ - _ 25 11,090 50 .400 .72 .44 .052 --ll1P ---- - - - 25 5,0041 51 .429 .72 .43 .1155 }5 5,000 ]Q .�00 .00 .65 .4125 , 5.000 ]1 I�lY1w_- -_--__ .._ .107 .00 .62 .0;6 2 1111-1 35 5.000 40 .200 .76 .52 .936 35 5.000 41 .914 .76 .51 .039 45 - _ 1'1►-; - - - - 4S 5,0410 541 .100 .44 .05Z 4S S,u00 51 .4251 1[0-1 111_0041 .�� 110 44-._..__.28 �2 5 - - •�_.....-.._.j�43� ..a$ .._�.."-, 0-1,•1 _ 35 35 5,000 40 .Z 0 35 5.p110 4l .214 .76 ,51 .639 . r� Proposed Pmendments ' S.I.I sc'ltF:IxILK aarl rINS111L'trrlAG Ili:Nr{IA111'11a:[ri'I 81111111.11 Atli) TM PANII.Ve !1[I1r111'ANi1.Y, irl:SlIt15Nr1A1. 1u1'1.RI.0, votmiml 11[111!11311, Haul 1+rlt. r.srr 1u;�. Arrr:A 1.1'.11 1[111. 113'.Q. 1111,1: i 14A8. 111.111;. NIFI. 1131[1115 lieu. 8111. rntril.l.tou� 1�lrF t'1u,11r f111CI1 111SQ; yl�, 1L:Q. "in. nr,All 11KI(Irr LAW) ARLIA lilt ytlli. $P6[:1i I.1VCIIO LITI1 I111I'1' ul Vill SETBACK SETBACK . l l+ltcr113Ai 1011 Willa [K1IYf A7r'IIHti f'AH RAYIA Ol'AC13 ilAT10' 811AC9 I1A9'IO dirt' 40,11110 15(1 40 20 25 ._ - p _ All 111-1 4r1,0011 - - - - - .029 -- 1'u-2 4[1,0011 _ _ _ 25 aQ,011a 22 .054 _...._._.-__...__....---- 1 23 00,000 22 .75 .050 .114 Lrrr 9rl,On11 ll0 411 211 25 111 I'rr 1 411,0101 - rrl 25 oa,u0r1 22 .or11 .04 .75 .031 25 a0.tloo 22 1lvr 21/ 11011 lilt) j11 15 25 -- .OSR 'f1q .75 .034 r:! r!1 1 2r►,1lrl[l - - - 25 4x.000 2G •0 _ 1.1,-2 20,0011 - _ _ 29 1076 .02 .70 }- 45,000 . 20 .Gill .aa 2 'O5$ u'I' _ 1S,11rlU 1110 10--_�15-- 25_-.-----1111 _._ -- -_•� ._-..r7. r0 - 1ti 25 30.0all 110 .1011 .au .65 �$ 25 l0,Or10 31 1sr1•--ill,all[1 - �J5 25 -1 .-.,_25 .107 .00 •62 AA 25 15.000 35 .141 .70 .54 l 15,0[10 _ 36 .152 .74 _ .5]� .I lsrr I, 1110 51) 2a .5Z .197 25 10 0 .200 .76 - -- 14 25 - ]0 .174 .77 .52 .200 00 40 .214 .76 .51 .2{3 . rte!' 5,0110 50 20 .20 _ 0 25 47 .246 .75 .49 111 r'1r-1 - _ - 29 - - 25 7.000 45 .203 .74 .40, :3U 7,000 46 .303 .73 _ .46 LOT tl3 I'D - [ - 211 f1 25 - 40 .340 .73 .45 C}� 25 5,000 5o .400 . .72 _ .44 497 ------,- Z-'_._ 5,000 51 .429 .72 .47 4500 111 1111,1 - _ _ 75 - -. - - r r $,000 30 '.100 .110 .65 �'�� _.- 35 5,000 31 . err .- .107 .00 .62 1080 [:2 lit 1 - _ 35 - - f•n•2 - _ - - 35 5.000 40 .204 .76 .52 .111 35 5.1100 41 .214 .76 .51 45 5,0(10 5f1 •401) .72 .44 00 ��..._ 11 11. ....--•-----.._._.._......_-,1111 45___'----- S,allo X61 .429 7t .45 .203 , 4[1w[I011 1'I0 411 -�.._-..20�.._._.._25 girl 1'u•1 � ' r ' � � - ' '- •lit 35 6,x100 41 .?00 .76 .52 • .2;4 .74 .51 ,117 COMPARISON OF RECREATION' STANDARDS ZONING DISTRICT ARC R_1 -2 R-3 R-4 R-5 R-8 R-13 MINIMUM LOT AREA PER 40,000 SF 20,000 SF 15,000 SF 10,440 SF 7,500 SF 5,000 SF 8,040 5F DWELLING UNIT REQUIRED MINIMUM -- -- :033 .439 .449 RECREATION SPACE RATIO (LOT-BY-LOT DEVELOPMENT) RSR (EXISTING) GROSS RESIDENTIAL LAND 100 AC 100 AC 100 AC 100 AC 100 AC 140 A£ 144 AC AREA (G.L.A.) CONVENTIONAL LOT - REQUIRED 3.3 AC 3,9 AC 4.9 AC MINIMUM RECREATION SPACE (RSP x GLA - LUI) REQUIRED MINIMUM RECREATION .019 SPACE RATIO (PLANNED .422 .025 .034 . .036 .442 .052 DEVELOPMENT) _ RSR (EXISTING) , PLANNED DEVELOPMENT - 1 .9 AC 2.2 AC 2,5 AC . 3.0 AC 3.6 AC 4.2 AC 562 -AC . REQUIRED MINIMUM RECREATION SPACE {RSR x GLA - LUI MAXIMUM NO. OF LOTS IN 92 185 246 370 493 740 1 ,2;4 . SUBDIVISION 1135th STANDARD (.03 AC) 2.76 5.53 7.38 11 .10 14.79 22.20 27,02 PROPOSED 1128th STANDARD (.04 AC) NA NA CIA NA 19.72 PROPOSED 29.60 49.36 ADJUSTED MINIMUM RECREATION 628 ,056 .074 . 111 .1197 .296 SPACE RATION (PLANNED DEVELOPMENT) ,494 RSR - BASED ON 1/35th STANDARD THROUGH R-4 AND 1/28th STANDARD R-5 AND ABOVE DIFFERENCE (PRIVATE 1' NA NA NA 4.93 �.4 12-34 RECREATION REQUIRED) }.� 149 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 7 SECTION 7. 2 . 8 TIME LIMIT ON START OF CONSTRUCTION FOR PLANNED DEVELOPMENTS ORIGIN OF AMENDMENT:. X STAFFXPLANNING BD. x_ BoCC PUBLIC STAFF PRIORITY RECOMMENDATION:--XX HIGH.�..._MIDDLE LOW COMM: DIRECTIVE FROM BOARDS TO PREPARE AMENDMENT EXPECTED PUBLIC HEARING DATE: MAY 27, X9$6 ********************** PURPOSE OF AMENDMENT: To extend the timeframe for initiation of construction activity following approval of a planned development rezoning. ISSUES/IMPACTS: The current six month provision is inadequate for the preparation of and receipt of detailed plans , easement and legal document and their approvals . Applicants are routinely forced to request extensions. EXISTING ORDINANCE PROVISION(S) : 7.2. 8 DT,l',! Q.a__Ltazi__Q1_Caulizaali4n_Q lana€d Construction must start and proceed at a reasonable rate within six months of the approval of the permit . If no construction has started the permit becomes null and of no effect . The owner can request a six month extension from the Board of County Commissioners if the request is received before the permit expires. PROPOSED AMENDMENT(S) : 7.2 .8 Ti.mt_Lim.i ._Qn__E.t__Etta al. Qon.a.tuati.Qa_Ql_Pla.anrrd DelalQgmant Construction of the planned development must start and proceed at a reasonable rate within twelve_ ill) months of the approval of the permit . If no construction has started Wiihjn lha— atelLtiale fLaMe the permit becomes null and of no effect . The owner can request SIX one (ii six month extension from the Board of County Commissioners aLQa___the ta/hzahlA r q c ommgad,ai i o n o f-lha__Elanniag__Bgaza if the request is received before the permit expires . Th ,aul.icla_t_.mual_avbmi t A wr i t t e., __ A 150 raLensima—insiusling_a_lialemant of jusiilizailsan z31A.LI uling_Ihe- rAgjglj.„ ******************* ORDINANCE REVIEW COMMITTEE: DATE 4_16-$6 PLANNING BOARD (PRELIMINARY REVIEW) DATE 4-21-Al BOCC (ADVERTISEMENT) : DATE 2 0- 151 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6 SECTION 6.21 .2D) AND E) ; 6.21 .3; AND ARTICLE 22 ORIGIN OF AMENDMENT:T_X_STAFF PLANNING BD. _BOCC PUBLIC OTHER____N�_ STAFF PRIORITY RECOMMENDATION; _X HIGH MIDDLE LOW COMMENT: TECHNICAL REVISIONS EXPECTED PUBLIC HEARING DATE: MAY 27, 1876 ********************** PURPOSE OF AMENDMENT: To provide for screening and landscaping as an alternative to skirting requirements for individual mobile homes. To define the term "skirting. " ISSUES/IMPACTS: Either the skirting or appropriate landscaping/ screening option would address aesthetic concerns associated with mobile homes on individual lots . EXISTING ORDINANCE PROVISION(S) : Article 6 Section 6.21.2d) 2)a. and 6.21 .2 e) 1) . "The mobile home must be skirted" . Article 6 Section 6.21 .3 "Skirting is required Article 22 No provision. PROPOSED AMENDMENT(S) : Add to 6.21.2 d)2)a. ; and 6 . 21 .2e)1) ; and 6 .21 .3 If existing vegetation screens the mobile home from adjoining property lines and rights-of-way to a degree equivalent to or greater than a Class A screen as defined in Article 12 Section 12 . 8 of this ordinance, then no skirting is required. This screen must be in place at the time of final inspection of the mobile home unit . Add to Article 22 : Skirting. Panels specifically designed for the purpose of screening the underside of a mobile home unit by forming an extension of the vertical exterior wa11c of the m..h; id 152 home and covering the entire distance between the bottom of the exterior walls and the ground elevation below along the perimeter of the mobile home. Each unit shall be skirted by one of the following means : Aluminimum/vinyl siding/corrosion resistant metal Fiberglass/plastic Wood/wood siding (both must be protected from the elements by water resistant solution/substance) Decay resistant wood/pressure treated lumber Masonry/concrete/rock Material approved by Inspec- tions Division of the Planning Department The enclosed crawl space underneath the mobile home must be ventilated in accordance with the North Carolina State Building Code, Volume I-B, Section 14. The crawl space shall be smooth and organic materials , debris , sod and tree stumps removed as required by North Carolina State Building Code , Volume I-B, Section 11 . An accessible opening, minimum 18"x 24" , shall be provided to crawl space as stipulated by the North Carolina State Building Code , Volume I , Section 11 . ******************* ORDINANCE REVIEW COMUIITTEE: DATE PLANNING BOARD (PRELIMINARY REVIEW) DATE Amilmlfi BOCC (ADVERTISEMENT) : DATE 5-20-$i_Si.nLQ ma1jQn._Qnjj1 153 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 8 SECTIONS 8.4.2 AND 8.4.6 ORIGIN OF AMENDMENT: X STAFF X PLANNING BD. BOCC PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: X HIGH MIDDLE LOW COMMENT: TO PROVIDE FOR ADDITIONAL REVIEW TIME FOR SPECIAL USE PERMIT APPLICATIONS EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide for additional time for the Planning Staff and Planning Board to review special use permit applications. ISSUES/ IMPACTS: Additional time for review of special use permit applications by the Planning Staff and Planning Board would provide for more comprehensive and unhurried review of a development application. It would increase the maximum length of time for review of applications by advisory agencies before decision by the Board of Commissioners. EXISTING ORDINANCE PROVISiON(S) : Section 8.4.2 Zoning Officer Prepares AAlys mme i s and Rec.ondat i ons The Zoning Officer shall within thirty days of the receipt of the application by the Zoning Officer, cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by, in the case of a Class A Special Uses, the Planning Board and the Board of County Commissioners and, in the case of Class B Special Uses, the Board of Adjustment. The thirty day period may be extended with the written consent of the applicant up to a maximum of sixty days. Section 8.4.5 Planning Board Action ort Cass A Special Uses 154 The Planning Board, within thirty (30) days of the meeting at which the Zoning Officer' s recommendation is submitted, shall prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of the application . Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. PROPOSED AMENDMENT( S) : Section 8.4.2 Zoning Officer Prepares Analysis and Repommepdetlons Within forty five (45 ) days of the receipt of the application, the Zoning Officer shall cause an analysis to be made of the application py qualifie4 representatives of the County and siich other agencies or officials as appear appropriate in the circumstances of the caSe to determine conformity with the C9mprehensive Plan, zoning] subgiyisipp, soil erosion and sedimentation, and health regulations, and, based upon that analysis . . . . The forty five (45) day period may be extended, with the written consent of the applicant, up to a maximum of sixty days. Section 8.4.5 planning Board Actjgn on Class A _Special Uses The Planning Board, within sixty (60), days of the meeting . . . ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-t6-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-$0 BOCC (ADVERTISEMENT) : DATE 5-20-86 ( information only) 155 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 8 (NEW SECTION) ORIGIN OF AMENDMENT: STAFF X PLANNING BD, BOCC PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: HIGH MIDDLE LOW COMMENT: TO ADDRESS AN ADMINISTRATIVE GAP IN THE ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To require a pre-application conference for special use permit applications. ISSUES/ IMPACTS: A pre-application conference would allow staff and advisory agencies to review and comment on special use permit applications prior to the expenditure of considerable amounts of time, financial resources and design efforts in a proposed development. EXISTING ORDINANCE PROVISION( S) : NONE PROPOSED AMENDMENT(S) : Pre-Application Conference The applicant must request a pre- application meeting with the Orange County Planning Department to discuss the proposed development. A sketch plan illustrating the location, size and major design elements of the development of the site must be submitted five (5) working days prior to the pre-application meeting. The Planning Department may request that representatives of other public agencies be present at the pre- application meeting. These agencies shall include, but not be limited to, the Orange County Planning Board, the Orange County Recreation Department, the Orange County Health Department, the municipalities of Chapel Hill , Carrboro, Hillsborough and Durham, the North Carolina Department of Transportation and OWASA. ******************* 156 ORDINANCE REVIEW COMMITTEE: DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 (WormatIgn only) PROPOSED ORDINANCE AMENDMENTS 157 ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLES 7 AND 8 ORIGIN OF AMENDMENT: X_.STAFF XPLANNING BD. BOCC PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: HIGH X_MIDDLE LOW COMMENT: CONSOLIDATION OF ARTICLES TO SIMPLIFY ORDINANCE AND CLARIFY PROVISIONS EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To consolidate the provisions of Articles 7 and 8. ISSUES/ IMPACTS: Consolidation of the provisions would retain the general intent section governing planned developments under Article 7 and would place specific standards governing the planned development and the associated issuance of the special use permit under Article 8. This amendment would place all specific requirements for the issuance of a planned development special use permit under on Article. EXISTING ORDINANCE PROVISION(S) : SEE ATTACHEMENT PROPOSED AMENDMENT(S) : SEE ATTACHMENT ORDINANCE REVIEW COMMITTEE: DATE 4-16-86 DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 ( informaj- ior1 only) ARTICLE 7 - PLANNED DEVELOPMENT DISTRICTS 158 7 . 1 PLANNED DEVELOPMENT DISTRICTS Planned Development (PD) districts may be established for specialized purposes where tracts suitable in location, area and character for the use and structures proposed are to be planned and developed on a unified basis . Suitability of tracts for the development proposed shall be determined pri- marily by reference to the Comprehensive Plan, but due consideration shall be given to the existing and prospective character of surrounding development. Planned Development districts may be used in all areas at Orange County subject to tbis ordinance. The Planned Devel opment technique is encouraged in the University Lake, Cane Creek and Upper Eno watershed areas to protect these important water supply areas from degradation . The technique may also be used in rural portions of Orange County where the size and/or complexity of the proposed development warrants its use. To this end suitable incentives, in the form of bonuses, over and above the intensity of permitted development under traditional lot by-lot development, shall be provided . The Planned Development technique offers distinct advantages to the public, while affording private property owners greater flexibility in the development of their land, the opportunity for the application of new and ingenious development techniques and more prudent use of time, money and effort. The public benefits include more efficient and effective use of land, more efficient use of energy, the reduction of the costs of continuing maintenance responsi- bilities and a higher average level of amenity in all types of development. PD districts shall be so related to the general development pattern and the objectives of the Comprehensive Plan as to provide for comfort and convenience of residents, facilitate protection of the character of surrounding neighborhoods, and reduce automotive traffic congestion by a reasonably close relationship (either' in distance or in time) between origins and destinations of persons living, working or visiting in such developments, or by availability of mass transit. Housing, commercial and service facilities and principal places of employment shall be so related by physical proximity, by major street networks, or by mass transit as to promote these objectives. Within PD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an 159 equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots, and to promote economical and efficient land use, improved level of amenties, appropriate and harmonious variety, creative design and a better environment. 7 .2 Planned Development Defined For purposes of those regulations, a planned development is: a) Land under unified control , to be planned and developed as a whole; b) A single development operation or a definitely programmed series of development operations, including all lands and buildings; c) Principal and accessory structures and uses substantially related to the character and purposes of the district; d) Developed according to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and e) Developed with a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at general public expense. *7 .2. 1 Establishment Of The Planned Development Districts Planned Development districts that correspond to the follow- ing districts authorized In Article 4 are hereby created: *Amended R-1 - PD-H - R-1 11/2/81 R-2 - PD-H - R-2 11/20/84 R-3 - PD-H - R-3 R-4 - PD-H - R-4 R-5 - PD-H - R-5 R-8 - PD-H - R-8 R-13 - PD--H - R-13 LC-1 - PD-C - LC-1 NC-2 - PD-C - NC-2 CC-3 - PD-C - CC-3 GC-4 - PD-C - GC-4 0- I - PD - 0- I I-1 - PD - I-1 1-2 - PD - 1-2 1 -3 - PD - 1 -3 160 PD - PWI PD- MU *7 .2.2 Amended 1�1 11-2-81 Within a PD district no use shall be permitted except pursuant to the approval and issuance of a Special Use Permit authorized by the County Commissioners which shall specify the use or uses authorized as required in Article 8.8.23 . If the petition is approved, the County Commissioners shall issue a Special Use Permit authorizing the requested use with such reasonable conditions as the governing body imposes as will afford protection of the public health, safety and general welfare/ ensyre that substantial iystice. is dope and equitable treatment provided . The authorization of a Special Use Permit in any planned development district for any use which is permitted only as a "Class B" special use in the zoning district which corresponds to the Planned Development district shall preclude any requirement for Board of Adjustment approval but shall be approved by the Board of County Commissioners. 7.2.3 Property Owner Must Apply For Plann,li DevgjopmQDf District: The property owner must voluntarily apply for the Planned Development district. 7 .3 Relation Of ED Regylatiops To General Zoning, subdivision Or Other Regulations : Modifications On Equal _Satigfacti9D Of Public. PurpQs_es. The planned development regulations which follow shall apply generally to the initiation and regulation of all Planned Development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision, or other regulations or requirements, these PD regulations shall apply in PD districts, unless the Board of County Commissioners find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements. Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable PD or general regulations, but the Board of County Commissioners make a finding, in the particular case, that public purposes are satisfied, to an equivalent or greater degree, the Board of County Commissioners may make specific modification of the regulations in the particulr case, provided that where floor area and similar ratios, as maximum permitted amounts of development have been established by these regulations, the Board of County Commissioners shall not act in a particular case to modify such ratios or maximums. Except as indicated above, and notwithstanding procedures and requirements generally in effect, the procedures and require- ments set forth herein and in the guides and standards adopted as part of the regulations for particular classes of PD districts shall apply in PD districts, and to issuance of all required permits therein. *7 .3. 1 Restrictipps On Permittej Uses *Amended 2/7/83 Within the Planned Development district only those uses authorized by Article 4 as permitted in the corresponding general use district shall be permitted . The principal use and any proposed accessory uses for a particular planned development shall be specified in the application and shown on the site plan . Change in any principal use or accessory use shown on the approved plan shall constitute a change in the planned development and shall be treated as an amendment to the Special Use Permit. 7 .3.2 Reduction Or Increase in Minimum Gross LanA_ Area Generally Required_ In connection with particular PD rezoning proposals the Planning Board may recommend and Board of County Commissioners may approve as part of the amendment action: a) Lesser areas than generally required, upon findings In the • particular case, that special circumstances require such reductions, and the other requirements can be met in such lesser area, provided that no such reduction shall amount to more than ten percent of the area generally required; or b) Greater areas than generally required, upon findings in the particular case that the plan of development as proposed, or the character of the property involved, as it exists or as it may reasonably be expected to develop, require such increases to meet the requirements and intent of the PD district or to provide necessary special protection to existing natural or man-made artifacts or resources. 7 .3.3 Addjtions to PD Districts Not Subject To Minimum Area Requir- ements. Where planned development additions are proposed to existing PD districts, and where the land and proposed plan of development is appropriately related to the existing PD district and provides necessary safeguards in relation to the surrounding area, PD amendments allowing such additions may be made without regard to the minimum gross land area requirements set forth herein. Such additions may be of the 163 same classification as the PD district being added to or may be of another classification, if the Planning Board recommends and Board of County Commissioners approves the other classification and plans proposed as being complementary to the original PD district. 7 .4 PP Districts -- Where and How Permitted Planned development districts may hereafter be established by amendment to the official Zoning Atlas, approval of a Special Use Permit, and related amendatory action, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein . PD districts shall be appropriately located with respect to intended functions, with respect to the pattern and timing of existing or proposed development in the Comprehensive Plan, and with respect to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in Article 20, Amendments, shall be met, as well as the specific requirements for the PD district. 7 .5 Time Limit On Start of Construction For PLanded Deyelopment District Construction must start and proceed at a reasonable rate within twelve ( 12) months of the approval of the permit. If no construction has started the permit becomes null and of no effect. The owner can request a six month extension from the Board of County Commissioners if the request is received before the permit expires. 7.6 Expiration Of Time Limits On PD Amendments If actions required in any amendment establishing a PD district are not taken within the time limit set, the Zoning Officer shall review the circumstances and recommend to the Planning Board and Board of County Commissioners: a) That PD zoning for the entire area be continued with revised time limits; or b) That PD zoning be continued for part of the area, with or without revised time limits, and the remainder rezoned to an appropriate category; or c) That the entire district be rezoned from PD to an appropriate category. Such recommendation shall include proposals for appropriate action in respect to any legal instruments such as contracts, covenants, easements, etc . relating to the PD district. 164 11/85 165 2/86 4/23/86 4/25/86 5/20/86 ARTICLE 8. SPECIAL USES 8. 1 Intent It is the intention of the Board of County Commissioners to create, and from time to time amend, a Iist of Special Uses within Article 4 Section 4.3, Permitted Use Table which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. The Board of County Commissioners is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which now or in the future may be included on this list are appropriately handled as Special Uses, subject to review in relation to general and specific requirements, rather than as uses permitted by right. In addition to the listing of such uses, the Board of County Commissioners intends that the general standards, established in Section 8.2. 1 and the more specific requirements in 8.2 .2, established below shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon applications for the approval of Special Uses. It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. 8 .2 GeperaJ Standards 8.2. 1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval ; and b) The Board shall make written findings .certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: ( 1 ) The use will promote the public health, safety and general welfare: if located where proposed and developed and operated according to the plan as submittted; 1b (2) The use will maintain or enhance the .value of continguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) ; (3) The use is in compliance with the general plans for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners; and including all applicable provisions of Articles 4, 5, 6, 7, 9, 10 and 12 of this ordinance, unless greater or different regulations are contained in the individual standards for the specific Special Use. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a Special Use. 8 .2.2 Where the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use complies with all required regulations and standards the application must be approved unless the Board shall also find, in some specific manner that: a) The use will not promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; b) The use will not maintain or enhance the value contiguous property ( unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) ; c) The use is not in compliance with the general plans for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare, will not maintain or enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County shall have the burden of establishing, by competent material and substantial evidence the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 8.2.3 RESERVED B.2.4 In addition to the general standard 's stated in 8.2 the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: 167 a) Method and adequacy of provision of sewage disposal facilities, solid waste, and water. b) Method and adequacy of police, fire and rescue squad protection. c) Method and adequacy of vehicular access to the site and traffic conditions around the site. d) Other use specific standards as are set forth in Section 8.8. 8.3 Establishment Of Classes Of Special Uses: Authority To Approve Or Disapprove, There is hereby established two classes of Special Uses which shall be approved or disapproved as shown: Class A Approved or disapproved by Board of County Commissioners Class B - Approved or disapproved by Board of Adjustment 8.4 Procedure For Submission and Consideration of App_l [cafio,ns For Approval of Special Uses NEW SECTION Pre-application Conference The applicant must request a pre-application meeting with the Orange County Planning Department to discuss the proposed planned development. A sketch plan illustrating the location, size and major design elements of the development of the site must be submitted five (5 ) working days prior to the pre- application meeting . The Planning Department may request that representatives of other public agencies be present at the pre-application meeting. These agencies shall include, but not be limited to, the Orange County Planning Board, the Orange County Recreation Department, the Orange County Health Department, the municipalities of Chapel Hill , Carrboro, Hillsborough and Durham, the North Carolina Department of Transportation and OWASA. 8.4 . 1 Application Submitted to Zoning Officer Application for approval of Special Uses shall be filed with the Zoning Officer, who shall , before accepting any application, ensure that it contains all required information, as specified elsewhere in this Article, and ail plans, maps, studies and reports which mpy reasonably be required to make the determinations called far in the part icy l ar case g ith sufficient cop Les_ for necessary referrals and records. Applications which are not complete, or otherwise do not comply with the provisions of this Article, shall not be accepted by the Zoning Officer, but shall be returned forthwith to the applicant, with a notation by thel Zn8 ing Officer of the deficiencies in the application . 3.4.2 s Within forty-five (45) days of the receipt of the application, the Zoning Officer shall cause an analysis to be made of the application • . _ y . = - 1 - _ • • I . 44 such other agencies_ or officials as appear appropriate in the circumstances of the case to determine conformity with the CQmprejiensjve Plan, zoning. jubdJvisign, joiJ erosion and Sedimentation, and health regulations, and,, based upon that analysis, prepare a recommendation for consideration by, in the case of Class A Special Uses, the Planning Board and the Board of County Commissioners and, in the case of Class B Special Uses, the Board of Adjustment. The forty-five (45 ) day period may be extended, with the written consent of the applicant, up to a maximum of sixty (60) days. 3 .4.3 Post-application Conferences With Applicant Following such study, unless complete conformity is found, the applicant shall be notified in writing of discrepancies and of the willingness of the Zoning Officer to confer for the purpose of assisting in bringing the material submitted, as nearly as possible, into conformity with requirements and/or to define specifically the modification( s) of regulations or of the Comprehensive Plan which seem justified in view of equivalent service of public purposes by the proposal . If the applicant does not desire to participate in such conferences, the Zoning Officer shall base the report to the Planning Board and Board of County Commissioners on the application as received. If the applicant joins in such conferences, changes may be made in the original proposal , further conferences may be held, and additional material may be requested to guide in determinations. If the applicant joins in such conferences, the normal forty-five day review period, specified in Section 8.4 .2 shall be waived by the applicant so that sufficient time may be availa ble for the conferences. In the course of such preliminary conferences, recommendations for changes shall be recorded in writing along with the reasons therefore, and shall become part of the record of the case. Applicants shall indicate, in writing, their disagreement and the reasons therefore. Such response by applicants shall also be included in the record . 3.4.4 Zoning Officer' s Becommendations At such time as further conferences appear unnecessary, or at any time on request of the applicant, the Zoning Officer shall 169 prepare a written report to the Planning Board and Board of County Commissioners, containing the following recommended findings: a) As to the suitability of the proposals for the general type of special use permit category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; d) As to the suitability of plans proposed or the desirability of amendments; e) As to the adherence to general or specific regulations or as to desirable specific modifications in general or specific regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that public purposes would be met to at least an equivalent degree by such modifications. Based on such findings, the Zoning Officer shall recommend approval , approval win conglitions or disapproval , with recorded reasons therefore. .4.5 Prior to consideration of the application for approval of a Special Use, a public hearing thereon shall be held by either the Board of County Commissioners or the Board of Adjustment, as appropriate for the classification of the Special Use involved . The Zoning Officer shall give public notice of the date, time and place of the public hearing to be held to receive comments, testimony and exhibits pertaining to the application for approval of a Special Use. .mended 1-3-84 Such notice shall be published in a newspaper of general circulation in Orange County once a week for two successive weeks, with the first notice to be published not less than ten ( 10) days nor more than twenty-five (25) days prior to the date of the hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included . 170 The Zoning Officer shall post on the applicant's affected property a notice of the public hearing at least ten days prior to the date of said hearing. Written notice shall be sent by certified mail to all adjacent property owners not less than fifteen days before the hearing date. Adjacent property owners are those whose property lies within five hundred feet of the affected property and whose names and addresses are currently listed in the Orange County tax records. 3.4.6 Planning Board Action On Class A Special Uses The Planning Board, within sixty (60) days of the meeting at which the Zoning Officer's recommendation is submitted, shall prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of the application. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. 3.4.7 Action On the Application After completion of the public hearing, the Board of County Commissioners or the Board of Adjustment, as appropriate, shall take action upon the application . This action shall be one of the following: a) Approval ; b) Approval with conditions attached; c) Denial . In every case, the action of the Board shall include a summary of its findings and the evidence supporting the action taken by it on the application . 3.4.8 Development To Be In Accord With Approved Concept Plan And Related Regulations If the amendment is approved, the Board of County Commissioners shall , in its amending action, approve the development concept plan or indicate required modifications in such approved plan, which required modifications, if any, shall be binding in determinations concerning final development plans. If the amendment is approved, the development shall be required to be in accord with approved concept plans, meet the requirements of these and other regulations, as supplemented or modified by the Board of County Commissioners in the particular case, as part of the amending action . The development shall also conform to any time limitations established by the Board of County Commissioners on beginning 1 "7.1. and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restrictions, easements sureties and other instruments involved shall be in a form approved by appropriate officers or agencies . The Zoning Officer shall notify the Board of County Commissioners where such approvals have been obtained for the proposed development as a whole or for any stage or stages of development as contained in the approval of the amendment. 8.4.9 ImPsed Condjtions, The Board of County Commissioners or the Board of Adjustment, as appropriate, may impose such reasonable conditions upon approval of a Special Use as will afford protection of the public health, safety and general welfare, ensure that substantial justice is done and equitble treatment provided . Such conditions shall run with the land and use and shall be binding on the original applicants) as well as all successors, assigns and heirs. *8.4. 10 Withdrawal of fppl [cation An applicant may withdraw their application at any time by ' written notice to the county manager. However, any withdrawal of an application after the printing of the first notice as required in 8.4.5 shall have the same effect as a denial of the petition. *8.4. 11 Effect of Denial on subsequent Petitions When the Board of County Commissioners or Board of Adjustment, as appropriate, shall have denied an application, the Board of County Commissioners or Board of Adjustment shall not receive another application for the same or similar petition affecting the same property or a portion thereof until the expiration of a one year period, extending from the date of denial . *Amended 10-4-82 8.5 Action Subsequent To The Board Action 8.5 . 1 Notice of Decision The Zoning Officer shall within seven days cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Officer. 8.5 .2 Issuance of Special Use Eermit The Zoning Officer, in the case of approval of approval with conditions, shall issue the necessary permit in accord with the Board 's action . 8.5 .3 Approval of Final Plans After a PD district has been established, no building permit shall be issued therein unless and until the Zoning Officer has approved final plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development. The form and content of such final plans and reports shall be as prescribed in the zoning ordinance or other regulations, generally or for particular PD districts, and in the rules of the. County and other affected agencies. Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as were made by the Board of County Commissioners in its amending action . 8.5 .4 County Manager Certification The Orange County Manager shall certify that the Special Use Permit, with any imposed conditions, as approved by the Board of County Commissioners or Board of Adjustment, as appropriate. 8.5 .5 Issuance of Building Permits_ Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed . Except as provided below, final plans and reports approved shall be binding on the applicants and any successor in title, so long as the PD zoning applies to the land. 8.5 .6 Approval of Detailed Plans is An Administrative Action Approval of detailed plans and related material is an administrative action . No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Zoning Officer may hold meetings or cause such meetings to be held with such notice as is deemed appropriate in connection with such action . 8.6 Contents of Application for approval of A Special Use The application for approval of a Special Use shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics shall be disclosed . Additionally, the forms shall , when completed by the applicant, disclose the name( s) and address(es) of the owner(s) of the property involved, and all relevant information needed to show compliance with the 173 general and specific standards governing the Special Use which is the subject of the application. 3.7 Changes in Approved Final Plans Changes in approved final plans, specifications and reports may be permitted by the Zoning Officer on application by the original applicant or successor in interest. a) In accord with all applicable regulations in effect at the time of the amendment creating the PD district, as modified Tn the amending action; or b) In accord with all applicable regulations currently in effect, without modification . 3.7 . 1 Minor Changes To Be Approved by Zoning. Officer: Moglifigations Require 6etiop By Approving Beard The Zoning Officer is authorized to approve minor changes in the approved plans of Special Uses, as long as they are in harmony with action of the approving Board, but shall not have the power to approve changes that constitute a modification of the approval . A modification shall require approval of the Board having Jurisdiction. 3 .7.2 Criteria To Be Used In Determination The Zoning Officer shall use the following criteria in determining whether a proposed action is a minor change or a modification: Amended a) Any change in a condition imposed during the approval of 7-5-83 a special use permit shall constitute a modification . Amended b) Any change in use or enlargement of existing use shall 7-5-83 constitute a modification . c) Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, ar increase in the number of dwelling or lodging units. d) Structural alterations which significantly affect the basic size, form, style, ornamentation, and or character of the building as shown on the approved site plan or described in the applicants narrative shall be considered a modification . e) Substantial change in the amount and/or location of open space, recreation facilities or landscape screening shall constitute a modification. f) Any increase in the size or number of approved signs shall constitute a modification. 174 g) Any change in parking areas resulting in an increase or reduction of five percent or more in the number of spaces approved shall constitute a modification. h) Substantial changes in pedestrian and/or vehicular circulation shall constitute a modification . Amended i ) Any change in a setback required by the provisions of this 7-5-83 Ordinance or imposed as a condition of approval shall constitute a modification. Amended j) Any change in the location or extent of street and utility 7-5-83 improvements or rights-of-way, including water, sewer and storm drainage facilities, which would provide a different level of service shall constitute a modification . 8 .7 .3 Review of Record Required Amended 7-5-83 The Zoning Officer shall , before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for approval of the Special Use. The determination shall be based upon the request of the applicant, the review of the record of the approval of the original request and the Zoning Officer's p findings under the criteria of Section 8.7.2. 8.7.4 i • 1 i = • . • 1 • . • - 1 4 1 • Amended 7-5-83 The Zoning Officer shall , if it is determined that the proposed action is a minor change, state the findings in writing to the applicant. The applicant shall file with the Zoning Officer an amended site plan, or written statement, outlining in detail the minor change(s) proposed . The Zoning Officer shall file the amended site plan or written statement with the approved site plan . If it is determined that the proposed action is a modification, the Zoning Officer shall require the applicant to submit a request for modification of the approved special use permit. The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. The Zoning Officer shall submit the request to the Board which approved the original application . The Board shall set a public hearing to receive testimony concerning the modification request. Any public hearing called pursuant to a modification of an approved special use permit shall be held in conformity with the requirements of Section 8.4.4. The Board may approve, approve with conditions or disapprove the application for a modification. The Zoning Officer shall file the Board 's action in his office as an amendment request to the original application . 3.7 .5 Viojations of the /pecial Use Permit 175 Any violation of a term or cpndJfinn of a Planned Development Permit shall be treated the same as any other such violation. In addition the Planned Development Permit shall become null and of no effect, and the property shall be rezoned at the next scheduled hearing to its previous zoning district. 8. 8 The regulations for each Class A and Class B Special Use are divided generally into two sections: the first consists of additional and specific components of the application beyond those necessary to comply with Section 8.6, while the second consists of the specific standards which are supplementary to the general standards in Section 8 .2 and to the required conditions in Subsection 8.4.9. The following additional information is required for all special use application: a. For Class A Special Uses twenty-six (26) copies of the Site Plan, and for Class B Special Uses ten ( 10) copies of the Site Plan, prepared by a registered North Carolina land surveyor or engineer, which shall contain the following: 1 . North Point scale and date. 2. Extent of area to be developed . 3 . Locations and widths of all easements and rights-of-way within or adjacent to the site. 4. Location of all existing or proposed structures on the site. 5. Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils maps. 6. Location of all water courses on the site, including direction of flow. 7. Existing topography at a contour interval of five feet based on mean sea level datum. 8. Proposed or existing fencing, screening, gates, parking, service and storage areas. 9. Access to site including sight distances on all roads used for access. 10 . Elevations of all structures proposed to be used in the development. 11 . Names and addresses of owners and applicants. 12. A fee,as set by the Orange County Board of Commissioners . 176 b. Such applications shall include a report identifying all property owners within the area of the proposed district and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title: ( 1 ) To proceed with the proposed development according to the regulations in effect when the amendment creating the PD district is passed, with such modifications as are set by the Board of County Commissioners in the course of such action; and (2) To provide bonds, dedications, guarantees, agreements, contracts, and deed restrictions acceptable to the Board of County Commissioners for completion of such development according to approved plans and for continuing operation and maintenance of such areas, facilities and services as are not to be provided, operated or maintained at general public expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities and services; and (3) To bind future successors in title to any commitments made under ( 1 ) and (2) above. c. In addition to, or as part of the report described above, appicants shall submit a preliminary development concept plan and proposals in accord with 8.8.a. above which shall show: 1 . The general arrangement of land uses within the proposed districts. 2. The general location and function of the vehicular and pedestrian circulation system. 3 . The general solutions to the provision of utilities. 4. The general arrangement of common facilities such as open space, recreational installations, improvements,etc. 5 . A general description of the method of financing the installation and operation of the common facilities. 6. A schedule of construction of all elements of the proposal . 3.8. 1 Extraction of Earth Products (Class A Special Use) ■mended 4/1/85 CONTINUE WITH SECTIONS 8.8.2 THROUGH 8 .8.22 5. 8.23 Planned Developments 177 In addition to the information required by Subsection 8.8 the petitioner must specify the actual use(s) intended for the property specified in the petition . ' .8.23. 1 Standards Of Evaluation a) Ref ttiiion Tojltejar_ I.rans. ortat1on_.Eeci l hies PD districts shall be so located with respect to interstate highways, arterial and collector streets or mass transit facilities and shall be so designed as to provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside the district. b) Relation To Public Utilities, Facilities end Services PD districts shall be so located in relation to sanitary sewers, waterlines, storm and surface drainage systems and other utility systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing in a manner resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning and development policies for the area. PD districts shall be so located with respect to necessary public services and 'facilities (as for example, fire, police, rescue services, schools, and parks, in the case of PD-H Planned Development Housing districts) as to have access to such facilities in the same degree as would development permitted under existing zoning and shal be so located, designed and scaled that access to public services to equivalent to, and net cost for such services for development as permitted under existing development controls. However, if applicants will ( a) provide private facilities, utilities and services approved by appropriate public agencies as substituting on an equivalent basis,and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities or services are available and used, or (b ) make provisions acceptable to the County for offsetting any added net public cost or early commitment of public funds made necessary by such development, location of the PD districts may be approved . In computing net public costs, differences in anticipated public installation, operation and maintenance costs and differences in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicants. Determinations shall be made by the County or by experts acceptable to the County. c) Physical Character Of the Site: Relation To Surrounding Property The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil , ground water level , drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form of planned development, lands to be included In PD districts may be divided by streets,alleys, rights-- of-way or easements, but shall be so located, dimensioned and arranged as to permit unified planning and development to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 8.23 .2 Planned Development Housing SPD-H) Districts The following regulations and requirements apply to Planned Development - Housing (PD-H) districts, defined for purposes of these regulations as planned development districts primarily for dwellings and related uses and facilities . 8.23 .2a) PD-H Districts: Where Permitted : Intent Concerning Timing, PD-H districts may hereafter be established in accordance with the general procedures and requirements set forth in Article 7 and with intensities and in locations in accordance with the Comprehensive Plan and the Zoning Atlas. Application criteria shall be as set forth in Article 4 for the various districts. With respect to timing of development of particular PD-H districts, it is intended that, in addition to other policies and limitations set forth in this ordinance, consideration shall be given to general housing needs in Orange County as a whole, the sector in which development is proposed, and the need for particular types of housing. In such consideration, due weight shall be given to availability of existing housing supply of types for which there is evident need of In view of the age structure and economic structure of the population, and to the amount and types of potential housing under building permits issued and approved plans for development. 8.8.23 .2b) - , _ g . ; - • a. Permitted Principal uses and structures shall be according to Article 4 for the applicable residential district. b . Permitted Accessory Uses and Structures Uses and structures which are customarily accessory and clearly incidential to permitted principal uses and structures, including, in a multi-family buildings having a total of at least fifty dwelling units, establishments for sale of convenience goods, eating and drinking establishments and professional and personal service establishments shall not total an amount equal to ten percent of the residential floor area of such multi-family building (or complex) . Except where establishments adjoin and are oriented toward shopping centers permitted under Subsection CONTINUATION OF PD-SPECIFIC STANDARDS WITHOUT CHANGE COMMENTS ON ZONiNO ORDINANCE TEXT AMENDMENTS CONSOLIDATION OF ARTICLES 7 AND 8 Prepared by Alice M. Darden - May 27, 1986 Background information As we all know,zonings and rezonings are a legislative function which allow some discretion on the part of the governing body. In the case of reamings the burden is on the applicant to demonstrate a need for change,and the application can be denied if a persuasive case is not made. Especially in the absence ore public facilities ordinance,the judgment of the governing body on the wisdom of a rezoning is crucial. It is also important to note that It is at the zoning/rezoning stage that the basic land use decisions are implemented. In the case of special use permits,on the other hand,the basic land use decisions have been made and implemented. Thus,a permit is only necessary to insure the proper development of uses which require special care in their location and methods of operation. Theref ore,if all the conditions of the ordinance are met in a quasi-judicial hearing, the permit must be granted. Under current Orange County regulations,a planned development is essentially e rezoning to a specific use or set of uses. The basic rezoning decision is made in this process,and then the specification of the particular use(s) is accomplished through the issuance of a special use permit. This'conditional use zoning'method is utilized because it is not possible to attach conditions to a general rezoning. Under the current ordinance, Article 7("Planned Development Districts"), contains the standards of evaluation for Planned Development Districts and thus the basic standards for this type of rezoning decision(sections 7.4 and subsections 7.4.1, 7.4.2, 7.4.3). Also included in Article 7 are the descriptions of the regulations and requirements for the different types of planned development districts,such as "Planned Development Housing Districts"and "Planned Development Commercial Districts" (sections 7.14.7.15, 7.16, 7.17,7.18 and associated subsections). Articles 7 and it From my study of the proposed changes as contained in the May 13 Planning Board packet, the proposed Article 7 contains very few specifications of standards apart from the reference to the requirement for a special use permit. As you know,the current ordinance includes the standards in Article 7 and references them in Article 8. Thus the proposed "consolidation" transfers practically all of the standards of evaluation for Planned Development Districts,along with specific requirements and regulations for each type of district,from Article 7(Planned Development Districts) to Article 8(Special Uses). It seems to me that this transfer of standards from Article 7 to Article 8 may tend to remove the standards by which the crucial rezoning decision is to be made,or at least divert attention from the important rezoning decision. By inclusion of the planned development district standards in Article 7,the current ordinance foams attention on the rezoning decision in the creation of those districts,and utilizes the special use permit as a mechanism for allowing particular uses to be specified. The proposed ordinance,on the other hand,leevesArticle 7 a shell of its former self and almost makes planned developments(PDs)seem like just another kind of special use. To the extent that PDs just require another type of special use permit,then to that Went the discretion of the governing body to make a reaming decision has been lost. As far as I know,the current Planned Development District has not been tested in the courts. It seems to me that the transfer of standards,even if not a problem for the Commis- sioners,might lead in the courts toe test of Planned Development Districts utilizing special use permit rulings as the relevant precedent,as opposed to judging them using rezoning cases. All things considered,it would seem that the proposed consolidation is too problematic to be enacted,especially since there does not seem to be much gained by the transfer of standards. COMMENTS ON ZONING ORDINANCE TEXT AMENDMENTS CONSOLIDATION OF ARTICLES 7 AND 8 Prepared by Alice M. Oordon - May 27, 1986 liadocuundinftmotion As we all know,zonings and rezonings are a legislative function which allow some discretion on the part of the governing body. In the case of rezonings the burden is on the applicant to demonstrate a need for change,and the application can be denied if a persuasive case is not made. Especially in the absence of a public facilities ordinance,the judgment of the governing body on the wisdom of a rezoning is crucial. It is also important to note that It is at the zoning/rezoning stage that the basic land use decisions are implemented In the case of special use permits,on the other hand,the basic land use decisions have been made and implemented. Thus,a permit is only necessary to insure the proper development of uses which require special care in their location and methods of operation. Theref ore,if all the conditions of the ordinance are met in a quasi-judicial hearing, the permit must be granted Under current Orange County regulations,a planned development is essentially a rezoning to a specific use or set of uses. The basic rezoning decision is made in this process,and then the specification of the particular use(s) is accomplished through the issuance of a special use permit. This"conditional use zoning"method is utilized because it is not possible to attach conditions to a general rezoning Under the current ordinance, Article 7("Planned Development Districts"), contains the standards of evaluation for Planned Development Districts and thus the basic standards for this type of rezoning decision(sections 7.4 and subsections 7.4.1, 7.4.2,7.4.3). Also included in Article 7 we the descriptions of the regulations and requirements for the different types of planned development districts,such as "Planned Development Housing Districts"and "Planned Development Commercial Districts" (sections 7.14.7.15, 7.16, 7.17, 7.18 and associated subsections). Proposed "Consolidation pf Articles .7 and 8 From my study of the proposed changes as contained in the May 13 Planning Board packet, the proposed Article 7 contains very few specifications of standards apart from the reference to the requirement for a special use permit. As you know,the current ordinance includes the standerds in Article 7 and references them in Article 8. Thus the proposed "consolidation" transfers practically allot the standards of evaluation for Planned Development Districts,along with specific requirements and regulations for each type of district,from Article 7(Planned Development Districts) to Article 8(Special Uses). It seems to me that this transfer of standards from Article 7 to Article 8 may tend to remove the standards by which the crucial rezoning decision is to be made,or at least divert attention from the important rezoning decision. By inclusion of the planned development district standards in Article 7,the current ordinance focuses attention on the rezoning decision in the creation of those districts,and utilizes the special use permit as a mechanism for allowing particular uses to be specified The proposed ordinance,on the other hand,leaves Article 7 a shell of its former self and almost makes planned developments(PDs)seem like just another kind of special use. To the extent that PDs just require another type of special use permit,then to that extent the discretion of the governing body to make a rezoning decision has been lost. As far as I know,the current Planned Development District has not been tested in the courts. It seems to me that the transfer of standards,even if not a problem for the Comm is- sioners,might lead in the courts to a test of Planned Development Districts utilizing special use permit rulings as the relevant precedent,as opposed to judging them using rezoning cases. All things considered,it would seem that the proposed consolidation is too problematic to be enacted,especially since there does not seem to be much gained by the transfer of standards, :. Small trees planted `' 30' on center•. . rh • r w a'd . rl • Small trees planted 30' on center. . . Split rail 'fence. ° Large trees rft o a,� •' planted 40' on A � f " , a 1 . s�1 a� . , center, , Ko . 'Assorted shrnbberYo ' Smal1'trees planted ' t 30' on center, • _ 6' high evergreen ' � • ,r , f�� ,. . , �r ° screeningg shrubbery ' planted 4' on centers , .. Jb a s (p A � Large trees planted 40' on center. ¢ � b Pop Dip 40 Ib 5' high redwood fence. • �... �.•+..rs•.r � r.w�..�� .ter �'r•�r• A. , Tall evergreen trees, stagger planted* with • . • • �•. branches touching. the ` t .r-�` '• . , ground* . . O0 NOT REMOVE LEADER fr'==•- THN BRANCHES ANO + FOLIAGE BY 1/3, ,r.:• RETAINING NATURAL ' �.�{ �- •�.j TREE &APE ,rte r. • 1 ti: TREES SHALL. BEAR SAME WATER RETENTION•RING RELATIONSHIP 10 FINIS{IEO f GRADE AS THE PLANT WAS WATER ORIGINALLY GROWN. MULCH RETENTION R RING MULCH te) • . MULCH t2") FINISHED�E � � FINISKED GRADE =i .. CRADE ORIOWL GRAM TREE PLANTING DETAIL * I TREE P L A _ 1.�_ cfl� PL ANTI DETAIL2 r•'. SLOPING G�tftun € e I OWN PIEiopORTIONAmy •!,1 TO ODMPENSATE FOR 'Ir REDUCTION OF ROOTS !� AND TQ PROMOTE r NATUML CHARACZfR or GROWTfI. i f WATER ._ i; MULCH f f DETENTION TtIHG MULCH let MULCH 1r) MULCII i° MULC 1(e) FlMMIiS}EO L RETENTION �r�•s ' GrME fMIHG , 19_ .. MULCI!In FSHISHED - - � COMFACTED I 1j== GRAVE TOPSOIL i TOPSOIL fir i�tl GRADE �- SHRUB PLANTING-. .DETAIL UB PLANTI ' Li=VEL o �rQ -- � a=-_--_ TAIL #2 AFW& dam SECTION OF RUBBER HOSE OR MANUFACTURED ` TIES BETWEEN WIRES t' AND THEE BART[ RUBBER HOSE �--14 GAUGE WIDE 14 GAUGE SMEL WIRE 2' MINIMUM STRANDS ARC EACH U - ARE TAUT v STAKE i-3/4" X'1-3e STAKES 4*-6" ABOVE GRADE BURLAP PLAN MUI0H(30) �PPI G MULCH[21 - Lim u — r u" i wk • 'N i a ru `� f� "X I-3J4"SFAKE • t 18 -24 LONG, STAKING DFTA FCRTREE(E/S 6'70 10' � FOR TREES IW OR LARGER Y4 SOME VARIATION IS ALLOWABLE , • t� SECTION of fPJBB.E;liOSE SO4EDULE FOR PLANT HOLE SHE BBEETWEEN WIGS ENDTTREE BARE ARK. ' BALL S¢ �� OR Y V M 30" r 30" OR GREATER oll t GUY T I G DFTA l� ' 1200 . NOTE REMOVE BURLAP FROM TOP OF ROOT 1200 120'. BALL BEFORE B=FILLING AROUND BALL is COMPLETED. . NOTEs ALL TREES WHICH ARE SMOOTH E#ARKED AT THE TIME OF PLANTING. AND HAVE MORE THAN 2' OF CLEAR. TRUNK SHALL BE %MPPEO. GUY SPACING DETA 1 L . , NOTE ,�fi�To pOF THE a Sam a $CAS THE LOWERMOST TREE BRANCHES. , • Y, . • tir . .,+* T i pANTRy AREA - . • . . STUDY ■ •• •_ _• IMIIIIMI IlIIMIlMMIllMIOlM7Mii LAND ug& DRAFT PLAN ORANGE COUNTY PLANNING DEPT IA :� (71 11.‘.-\ .0.# )■ * g •� Lg// 1 V)N -I #11/ 010111k 45 1 l G r. 2,� ..)./.... . 5.•' . ;L:0,•''''\< Wp,".... w AREA t \ +� ti a ti• -- 4 { ��} r{�ti�. , •}:• �_tir _ 1yGj '{ • ti • •"•:: -• ti {• 11111N...: Ins .::::kt:Ii3Y4 -44 ' -:-::.::: r . S...; `, ir .- • , , .. iti,t** 1 AI I - . 4101t • ...........;.... —."' . . .-•• ,-•,iX"re:.':, -."cr 0 400 i /'0 HILLS80ROIIOI� = . � f w f ti I. i d1"; N ,' RIVER TABLE OF CONTENTS 1 .0 Purpose and Structure of the Area Study 1 2.0 Natural Environment 2 3.0 Public Services and infrastructure 9 4.0 Sociological Characteristics 16 5.0 Existing Land Use Plan 20 6.0 Goals: Objectives and Recommended Actions 26 7.0 Proposed Land Use Plan 31 APPENDICES 35 Appendix A: Schedule of Events and Recommendations 37 Appendix B: Questionnaire Results 43 Appendix C: Water Use Projections 49 Appendix 0: pp Estimated. Traffic Impacts and Water 51 Use Projections Appendix E: information on Scotswood 52 Appendix F: Zoning District Matrix 56