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HomeMy WebLinkAboutAgenda - 10-05-94 - VIII-M 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5 , 1994 Action Agenda Item # yjr-At SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 20. 6 Public Hearing and Notice Thereof DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis, Extension 2583 Proposed amendment G.S. 153A-343 TELEPHONE NUMBERS: 8/22/94 Public Hearing Minutes Hillsborough -732-8181 Citizen correspondence Durham -688-7331 9/19/94 Planning Board Minutes (draft) Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider a proposed amendment to notification requirements for amendments to the Zoning Atlas. BACKGROUND: Effective January 1, 1994, the North Carolina General Statutes (G.S. 153A-342) allow for certain rezoning actions to be advertised through enhanced newspaper advertisement instead of notification by mail to all affected property owners. The proposed amendment specifies situations in which notification by mail of individual property owners is not required. Rezonings which meet one or more of these criteria may be advertised in a local newspaper for four consecutive weeks. The advertisement would include a map of the proposed rezoning. The minimum size of the advertisement would be 1/2 of a newspaper page. Zoning text or map changes which involve a particularly large area (such as the recent watershed protection amendments and zoning of Little River and Cedar Grove Townships) could be advertised at less cost for materials and staff time The proposed amendment was presented for public hearing on August 22, 1994. One citizen spoke in opposition to the proposed amendment, and one letter (attached) expressing opposition has been received. The Board of Commissioners 2 indicated that mailing notices to individual property owners resulted in better communication than would occur by relying on newspaper advertisement. The Planning Board considered the proposed amendment on September 19, 1994 and recommended by a vote of eight to one that it not be approved. RECOMMENDATION: The Administration recommends that the proposed amendment not be approved, per the Planning Board recommendation. 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 20.6 PUBLIC HEARING AND NOTICE THEREOF ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _X_ High Middle Low Comment: PUBLIC HEARING DATE: May 23, 1994 PURPOSE OF AMENDMENT: To amend notification requirements for amendments to the Zoning Atlas. IMPACTS/ISSUES: Effective January 1, 1994, the North Carolina General Statutes (G.S. 153A-342 ) allow for certain rezoning actions to be advertised through enhanced newspaper advertisement instead of notification by mail to all affected property owners. The Zoning Ordinance currently requires that the owners of all property proposed for rezoning, and the owners of property within 500 ' of the area of the rezoning, be notified of the public hearing by first class mail. In addition, the notice of the public hearing is published in a twice in a local newspaper during the period 10 to 25 days before the public hearing. The proposed amendment specifies situations in which notification by mail of individual property owners is not required. These situations involve: the rezoning of 640 acres or more; the rezoning of fifty or more parcels; - amendment to the zoning text; and/or - adoption of a watershed protection program . The proposed amendment would allow for rezonings which met one or more of these criteria to be advertised in a local newspaper for four consecutive weeks. The advertisement would include a map of the proposed rezoning. The minimum size of the advertisement would be 1/2 of a newspaper page. 4 Zoning text or map changes which involve a particularly large area (such as the recent watershed protection amendments and zoning of Little River and Cedar Grove Townships) could be advertised at less cost for materials and staff time through newspaper ads. Although the publication costs would be greater, other costs, such as postage, copying, preparing and stuffing envelopes, and sorting by zip code, would be greatly reduced. The larger size of the newspaper advertisement, the. inclusion of a map as well as text, and the increased frequency of publication should result in an equivalent public exposure of the proposal. The proposed amendment provides the option to utilize newspaper advertisements in lieu of first-class mail, as provided in G.S. 153A- 343. EXISTING AND PROPOSED ORDINANCE PROVISIONS: 20.6 PUBLIC HEARING AND NOTICE THEREOF 20.6.1 A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten ( 10) days nor more than twenty- five (25) days before the date set for the public 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. 20.6.2 Except as provided in Article 20.6.4 of this Ordinance, the Zoning Officer in the case of amendments to the zoning atlas 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. 20.6.3 Except as provided in Article 20.6.4 of this Ordinance, in the case of amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and all adjacent property owners not less than fifteen days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within five hundred feet of the affected property. 5 If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. 20 . 6.4 Notification of affected property owners by mail as required in Article 20 . 6. 3 of this Ordinance is not required in the following situations: ( 1 ) The proposed rezoning involves an area of 640 acres or more contained in 10 or more separate tracts in separate ownership EXCEPT where the rezoning involves zoning of parcels of land to less intense or more restrictive uses; or (2) The rezoning directly affects more than 50 properties, owned by a total of at least 50, different property owners; or (3) The reclassification is an amendment to the zoning text; or (4 ) The proposal involves adoption of a water supply watershed protection program as required by G.S. 143-214 .5. Where this subsection eliminates the notification of property owners as required in Article 20.6. 3, the proposed rezoning shall be advertised once a week for four successive calendar weeks in a newspaper having general circulation in the area of the rezoning The advertisement shall include a map showing the boundaries of the affected area. The map shall be at least one-half of a newspaper page in size. Property owners who, according to the address shown on the most recent property tax listing, reside outside of the county's jurisdiction or outside of the circulation area for the newspaper shall be notified by mail pursuant to Article 20. 6 . 3 above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. 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Specifically, I am opposed to the suggestion that Article 20.6, Public Hearing and Notice Thereof, be amended to permit circumvention of the G.S. 153A-342. If the County amends the Zoning Ordinance and permits developers to seek rezoning of major parcels without due notification through the mails of all affected property owners, it will be giving the green light to whoever wishes to pursue his own interests without consulting the community's needs or desires. A half-page advertisement in a local newspaper (running for how long? in which newspaper? and how is "local" defined?) is no substitute for a letter delivered to a landowner's private mail box. Some citizens scan the newspapers carefully in the hope of averting threats to their interests; others, as you must know, read newspapers rarely or never. Citizens and property owners, no matter if they are illiterate, apathetic, overburdened, or simply attuned to other media, deserve the protection of their government in such matters, not governmental collusion with other parties. I am appalled by the thought that such a fundamental change in the Zoning Ordinance might be enacted with as little publicity and fanfare as this effort has received. Sincerely yours, �hctdc , Madeline G. L e cc: The Orange County Board of Commissioners SEP-09-1994 09:43 FROM ORANGE CTY COMMISSIONERS TO PLANN(ING P.04/07 10 1 This item was presented by Eddie Kirk for the purpose of 2 receiving citizen comment an a proposed Zoning Atlas amendment in Hillsborough 3 Township requested by Major Business Forms, Inc. The property is located at the 4 northwest corner of Coleman Loop Road and NC 86 where Coleman hoop joins NC 86 at 5 its southwest intersection. Adjacent land uses include undeveloped agricultural 6 and residential land. There is one undeveloped 7 PD-II zone at the southwest corner of the intersection. A portion of the 21-acre 8 tract is zoned Light Industrial (L-1). The remaining property is zoned 9 Agricultural Residential (AR). The applicant proposes to rezone the mining 10 17.052 acres from AR to I.1. 11 12 QOFSrICNS AND/OR COMMITS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD 13 14 In response to a question, Mr. Kirk indicated that the southwest corner of 15 this property is zoned PVI1 and is not developed. The buffer requirement for I-1 16 is 100 feet. 17 18 Q[3ESTIONS AND/OR 0344ENTS FROM CITIZENS 19 20 None. 21 22 A motion was made by Cannissioner Halkiotis, seconded by Comnissioner Insko, 23 to refer this item to the Planning Board for a recommendation to be returned to 24 the Board of Commissioners no sooner than October 5, 1994. 25 VOTE: UNANIMOUS 26 27 3. Other Zoning Ordinance Text Amendments 28 a. Public Bearing Notice Requirements 29 This item was presented by Mary Willis for the purpose of 30 receiving citizen comment on a proposed amendment to notification requirements for 31 amendments to the Zoning Atlas. Effective January 1, 1994, the North Carolina 32 General Statutes M.S. 153A-342) allow for certain rezoning actions to be 33 advertised through enhanced newspaper advertisement instead of notification by 34 mail to all affected property owners. The proposed amendment specifies situating 35 in which notification by mail of individual property owners is not required. 36 37 QUESTIONS AND/CR COMMENTS Pji(1( TEE BOARD CYO' OJMNISSIONERS AND PLANNING WAND 38 39 Commission Gordon commented that she was in opposition to this proposal. 40 She feels that citizens want to be communicated with personally not through the 41 newspapers. 42 43 Ms. Willis indicated that if this proposal was approved citizens outside the 44 newspaper circulation area would continue to be notified through the mails. 45 46 QOES'IQIS ]nD/cE COMMENTS Ham! CITIZENS 47 48 Joyce Stanford, and Orange County resident and landowners spoke in 49 opposition to this proposal. She requested that citizens continue to be notified 50 through the nails. 52 Carmissioner Insko commented that this is an example of how growth costs 53 money and the current property owners are asked to pay those costs for new 54 residents. SEP-09-1994 09:44 FROM ORANGE CTY COMMISSIONERS TO PLANNING P.05/07 11 1 A motion was made by Ccamissianer Insko, seconded by Commissioner Halkiotis, 2 to refer this item to the Planning Board for a recommendation to be returned to 3 the Board of Cortmissioners no sooner than October 5, 1994. 4 VOTE: UNANIMOUS . 5 6 b. Radio/TV Towers & Elevated Water Storage Tanks 7 This item was presented by Eddie Kirk for the purpose of 8 receiving citizen commit on a proposed amendment to the Zoning Ordinance to add 9 new requirements for additional information and standards of evaluation regarding 10 communications towers. Currently a Class B Special Use Permit is required. If 11 the Board of Adjustment determines that all of the ordinance criteria is met, the 12 permit is approved. If the proposed amendment is approved, towers would have to be 13 built to accommodate an additional use. The additional user would be responsible 14 for working out cost-sharing with the original owner . 15 16 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD 17 18 Diane Shaw, an Orange County resident and member of the Board of Adjustment, 19 spoke in support of this proposal. She commented that citizens are concerned 20 about the frequency with which these towers are going up. 21 22 David Helm, with Cellular One, indicated that they would support this 23 proposal with one exception. He requested that each tower user be required to 24 build their own storage shed. It would not cause than a problan to have two sheds 25 at the base of the tower, however, they foresee difficulties if the same shed is 26 shared. He agreed to send the Planning Board an information report on these 27 towers. 28 . 29 Frances Douglas, an Orange County resident and a member of the Board of 30' Adjustment, spoke in support of this anent. She indicated that towers devalue 31 nearby residences. It is in the landowners and tower owners best interest to 32 carbine uses on new towers. 33 34 Paul Cook, a Buck Horn Road resident, indicated that two towers are located 35 near his hare. He requested that an amendment be approved which would required 36 that tower access roads have gates installed in order to deter their use by 37 drinkers. He also requested that the County consider making this retroactive. 38 39 A motion was made by Commissioner Halkiotis, seconded by Commissioner Insko, 40 to refer this item to the Planning Board for a recommendation to be returned to 41 the Board of Commissioners no sooner than October 5, 1994. 42 VOTE: UNANIMOUS . 43 44 c. Borrow Pits/State & Federal Highway Projects 45 This item was presented by Mary Willis for the purpose of 46 receiving citizen comment on a proposed argent to the Zoning Ordinance to allow 47 a borrow pit associated with a state or federal highway construction project as a 48 use permitted by right in all zoning districts. 49 50 QUESTIONS AND/OR COMMENTS FROM 1HE BOARD OF COMMISSIONERS AND PLANNING BOARD 51 52. In response to a question from Commissioner Gordon, Ms. Willis indicated 53 that the Federal Government would not have to request the right to use land for a 54 borrow pit except in situations where they do not own the land. . 12 building is from Coleman Loop Road. Coleman Loop is designated as a collector in the Comprehensive Plan and NC 86 is designated as an arterial. In 1993, the estimated daily traffic count on NC 86 was 8900. A traffic count for Coleman Loop Road was not available. The Land Use Element of the Comprehensive Plan has this property designated as Agricultural Residential and Rural Industrial Activity Node. The node has a 2640 foot radius from the intersection of Coleman Loop and NC 86. There were no citizen comments at the public hearing. Commissioner Gordon requested information about the amount of acreage included in the Rural Industrial Activity Node at this intersection. This node includes 502 . 6 acres. The Planning Staff recommends approval of the rezoning request. MOTION: Boland moved affirmative on all findings of fact and approval of the Planning Staff's recommendation. Seconded by Walters. VOTE: Unanimous. c. Other Zoning Ordinance Text Amendments ( 1) Public Hearing Notice Requirements Presentation by Mary Willis. This item is to consider a proposed amendment to notification requirements for amendments to the Zoning Atlas. Effective January 1, 1994, the North Carolina General Statutes (G.S. 153A-342) allow for certain rezoning actions to be advertised through enhanced newspaper advertisement instead of notification by mail to all affected property owners. The proposed amendment specifies situations in which notification by mail of individual property owners is not required. Rezonings which meet one or more of these criteria may be advertised in a local newspaper for four consecutive weeks. The advertisement would include a map of the proposed rezoning. The minimum size of the advertisement would be 1/2 of a newspaper page. 13 Zoning text or map changes which involve a particularly large area ( such as the recent watershed protection amendments and zoning of Little River and Cedar Grove Townships) could be advertised at less cost for materials and staff time. The proposed amendment was presented for public hearing August 22, 1994 . One citizen spoke in opposition to the proposed amendment and one letter expressing opposition has been received. The Board of Commissioners indicated that mailing notices to individual property owners resulted in better communication than would occur by relying newspaper advertisement. This item was presented at public hearing specifically to obtain citizen comment on notification requirements. Given the desire of citizens as well as the governing board to continue with notice-by-mail, the Planning Staff recommends that the proposed amendment not be approved. Burklin asked about recent mailings and costs. Willis responded that there were two this year that had been at least 10,000 pieces. Burklin continued that the difference in cost was not substantial. Waddell noted that the greatest cost seemed to be Staff time. MOTION: Burklin moved in favor of the Planning Staff 's recommendation that the proposed amendment not be approved. Seconded by Scott. Barrows asked for clarification. Willis responded that notification would remain as is: notification by mail to individual property owners. VOTE: 8 in favor. 1 opposed (Waddell) . (2 ) Radio/TV Towers & Elevated Water Storage Tanks Presentation by Eddie Kirk. This item is to consider a proposed amendment to the Zoning Ordinance to add new requirements for additional information and standards of evaluation regarding communications towers .