HomeMy WebLinkAboutAgenda - 11-30-94-attch ORANGE COUNTY PLANNING DEPARTMENT 0
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE
COMPREHENSIVE PLAN, ZONING ATLAS, AND ZONING ORDINANCE
FOR ORANGE COUNTY, N.C.•
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240, 323
and 343, and Articles 20.5,20.6,2.2.12 and 2.2.13 of the Orange County Zoning Ordinance,notice is hereby
given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse
(New), 106 East Margaret Lane, Hillsborough,North Carolina, on Wednesday,November 30, 1994 at 7:30
p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following
items:
COMPREHENSIVE PLAN AMENDMENTS
The proposed amendment to the Land Use Element of the Orange County Comprehensive Plan
is as follows:
1. CP-5-94 Economic Development Districts
a. Amend Section 3.5 -Land Use Goals and Draft Policies, Goal Six, to include the I-40/Old
NC 86 (HB-5) Economic Development (Transition) Activity Node.
b. Amend Section 3.9 - Hillsborough Township Plan (Text and Map) by adding a new
Economic Development Activity Node, I-40/Old NC 86 (HB-5). The node is located
generally at the intersection of I-40 and Old N.C. 86 (South Churton Street Extension)
and extends in a northerly direction along the west side of Old N.C. 86.The current Land
Use Element designations for the area are 10 and 20-Year Transition and Rural
Residential. The proposed designations are 10 and 20-Year Transition and Economic
Development Activity Node.
ORANGE COUNTY ZONING ATLAS AMENDMENT
1. Z-5-94 Economic Development Districts
The following amendment to the Orange County Zoning Atlas is for the purpose of applying
Economic Development District zoning designations to properties which would have the designation
of Economic Development Activity Node in the Land Use Element of the Comprehensive Plan.The
area affected by the proposed changes is as follows:
a. Hillsborough Township - I-40/Old NC 86
The area proposed for rezoning is located generally at the intersection of I-40 and Old
N.C. 86 (South Churton Street Extension) and extends in a northerly direction along the
west side of Old N.C. 86. The area in question consists of approximately 744 acres. The
current base zoning district designations for the area are AR-Agricultural-Residential and
R-1 Rural Residential. The proposed zoning district designation is ED - Economic
Development District.
o 2:
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
The proposed text amendments to the Orange County Zoning Ordinance are as follows:
1. Amend ARTICLE 6.23.2 WATERSHED PROTECTION OVERLAY DISTRICTS (RESIDENTIAL
DENSITY) to allow contiguous lots of record (as of 10/2/89) to be combined into one parcel for
development, provided the number of lots in the combined parcel does not exceed the number of
lots which could have been created from the lots of record.
2. Amend ARTICLE 4.1 ESTABLISHMENT OF USE REGULATIONS to allow cabinetized
telephone/fiber optic equipment as a use permitted by right in all zoning districts, with the
provision that front setbacks may be reduced to 20 feet in the AR, R1 and RB districts provided
that the equipment is screened from view by landscape materials.
3. Amend ARTICLE 6.23.7b WATERSHED PROTECTION OVERLAY DISTRICTS (PERMITTED
USES WITHIN STREAM BUFFERS) to allow individual or community wells to be located within
stream buffers.
4. Amend ARTICLE 6.23.8 WATERSHED PROTECTION OVERLAY DISTRICTS (WATER
SUPPLY/SEWAGE DISPOSAL FACILITIES) to reduce required setbacks for septic tanks, septic
pumps, and related equipment, from 300 feet to 150' feet from a water supply reservoir.
Nitrification fields would continue to be located a minimum of 300 feet from a water supply
reservoir.
5. Amend ARTICLE 6.23.10a WATERSHED PROTECTION OVERLAY DISTRICTS
(APPLICABILITY-EXISTING DEVELOPMENT) to more explicitly define existing development
as a residential or non-residential structure which had established a vested right under North
Carolina zoning law prior to January 1, 1994,and to deem existing development to be conforming
with respect o requirements of the Watershed Protection Overlay Districts.
6. Amend ARTICLE 6.23.10b WATERSHED PROTECTION OVERLAY DISTRICTS
(APPLICABILITY - REDEVELOPMENT) to allow for the rebuilding or replacement of existing
development in its current location provided that there is no increase in impervious surface and
no increase in any existing encroachment into buffers or setbacks.
7. Add ARTICLE 6.23.10c WATERSHED PROTECTION OVERLAY DISTRICTS(APPLICABILITY
-EXISTING LOTS)to allow setbacks and buffers for development on lots created prior to January
1, 1994 to be reduced if all of the following criteria are met:
a. The septic system is sized for no more than four bedrooms; and
b. septic area and repair can be accommodated on 20,000 square feet or less; and
c. encroachment into setbacks is necessary in order to build on the lot; and
d. the relative location of the well, septic system and structure maximizes the degree of
watershed protection which can be obtained while allowing development of the lot; and
e. the amount of encroachment is the minimum that can be obtained while meeting the
above criteria; and
f. there are no existing water quality problems caused by malfunctioning septic systems
within 300 feet of the reservoir.
8. Amend ARTICLE 6.23.11 WATERSHED PROTECTION OVERLAY DISTRICTS
(ADMINISTRATION) to clarify that the requirement that the Environmental Management
Commission (EMC) approve variance requests applies only when a reduction in a requirement
which takes the form of a numerical standard exceeds 10%of the minimum required by the EMC.
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9. Amend ARTICLE 6.29.3 ECONOMIC DEVELOPMENT DISTRICTS DESIGN MANUAL as
follows:
a. Amend Section 2.1 (Development Areas) by including a description of the proposed I-
40/O1d N.C. 86 Economic Development District and identifying Primary I and II, and
Secondary Development Areas within that district.
b. Amend Section 2.2 (Permitted Uses) to include the I-40/NC-86 Economic Development
District, to specify the residential,office, retail,industrial, and other uses are allowed,and
to note that the feasibility of some permitted uses may be limited.
c. Amend Section 2.3 (Land Use Intensity) to increase the required Site Volume Ratios by
1.0 for all development within the proposed Primary Development Area II.
d. Amend Section 2.4 (Environmental Factors) to establish a threshold of 30,000 gallons per
day for high water usage. In addition, four options for water supply and sewage disposal
are to be considered, including the following:
(1) Limit public water and sewer service to the north side of I-40, delaying extensions
to the area south of I-40 until specified development thresholds are met. As an
example, extensions to the area south of I-40 might be delayed until at least
seventy-five (75%) of the gross land area on the north side of I-40 consists of any
combination of the following:
(a) Residential areas in Secondary Development Areas are developed or site
specific development plans(site plans or preliminary subdivision plans) are
approved for development at a density of at one unit per acre or less;
(b) Streets, roads, and utility easements located outside of lot boundaries;
and/or
(c) Lots or tracts used and/or site specific development plans (site plans or
preliminary subdivision plans) are approved for permitted commercial,
industrial, institutional or governmental purposes.
(2) Limit public water and sewer service to the north side of I-40 for a two-year
period during which county-wide issues related to open space,rural character,and
• farmland preservation are resolved. In two years, the issue of water and sewer
south of I-40 would be reconsidered.In the interim, allow alternative wastewater
disposal systems.
(3) Allow development to extend public water and sewer within the entirety of the
EDD, including the area south of I-40.
(4) Recognize that, under certain circumstances, any property within the EDD,
including the area on the south side of I-40, could be annexed by the Town of
Hillsborough, particularly if a developer proposed to extend water and sewer
mains to serve the project. In that case, the property owner could request
voluntary annexation, and the Hillsborough Town Board could approve the
annexation.
e. Amend Section 3.1 (Architectural Design) and Section 3.4 (Service & Storage) to allow
communication towers and antennas as an accessory use, subject to screening
requirements and height limitations.
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The specific text amendments proposed as described in this notice are available for public inspection at the
Orange County Planning Department.
All interested citizens are invited to attend this hearing and be heard. Public comment will be received
during the public hearing. Following the close of the public hearing, only evidence received in writing by
the date of the Planning Board meeting following the public hearing will be considered by the Board of
Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate, objections and discussion at the
hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department located
in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours
are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-
7331 (Durham),967-9251 (Chapel Hill-Carrboro) or 227-2031(Mebane/Graham). Please ask for extension
2575 or 2585. You will be directed to a staff member who will answer your questions.
Marvin Collins, Planning Director
PUBLISH: November 16, 1994
November 23, 1994