HomeMy WebLinkAboutAgenda - 05-21-2007-c2ORANGE COUNTY
BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 21, 2007
Action Agenda
Item No. C.2
-SUBJECT: NC Highway 57 Speedway Area Small Area Plan
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
Economic Development
ATTACHMENT(S):
1. Final Draft of NC Highway 57
Speedway Area Small Area Plan
INFORMATION CONTACT:
Craig Benedict, 245-2592
Dianne Reid, 245-2326
PURPOSE: To receive public comment on the Final Draft of the NC Highway 57 Speedway
Area Small Area Plan.
BACKGROUND: On June 27, 2006 the County Board of Commissioners authorized the
formation of a citizen Task Force for the purpose in working with County staff to complete a
Small Area Plan for an area of the County along NC Highway 57, near the Person and Durham
County lines,. including the Orange County Speedway and the Hanson Aggregate Quarry
operation.
The purpose of the Small Area Plan was to evaluate and review the constraints and
opportunities of allowing for additional development within the area and identify opportunities for
the County and existing non-residential developments to work together to address identified
offsite impacts on surrounding property owners.
This work was originally being completed in accordance with the planned update of the Orange
County Land Use Element. As the Land Use Element's timeline for completion has been
extended, staff believes that this project should be completed independently of the update.
The recommendations contained within the Small Area Plan attempt to address the following
questions identified by the Task Force, local citizens, and County staff:
1. What is an appropriate level of additional residential and nonresidential development
within the area?
2. Is there a desire for additional non-residential development in the area?
3. How will buffering and transitioning of existing, and possible future, nonresidential
development be accomplished to avoid impacts on existing, and possible future, low-
density residential development within the area?
* I . r ,•; I .:;''t, i . 1 ft.
2
4. How will the County address noise levels generated by the Speedway and possible
future reopening of the go-kart track ?
5. What types of additional nonresidential land uses are to be considered for the area and
how will their impact be mitigated ?
6. What additional traffic related issues would be generated by potentially allowing for
additional nonresidential development ?
7. How will allowing for additional development within the area affect the existing
groundwater public water supply and how will existing, and future, residential
developments be protected from the increase in groundwater demand?
8. What will be done to protect the environmental integrity of the Flat River and Little River
Watershed Overlay districts ?
9. What ancillary impacts will be generated in Person and Durham Counties as a result of
potentially allowing for additional development in the area?
Four planning principles contained in the Task Force Report include:
1. Preservation and protection of the rural character and nature of the area;
2. Minimization of negative impacts on natural systems /environmentally sensitive areas;
3. Restrict growth and development so that it complements the rural character and
lifestyles; and
4. Maintenance of present service levels for existing infrastructure.
Traditional rezoning and special use permit processes were not felt to afford the community
sufficient protection and assurances of maintaining a rural lifestyle and character, and the Task
Force suggests a zoning overlay entitled Rural Economic Development Area (REDA) be
created to facilitate bringing the nonconforming activities into compliance.
FINANCIAL IMPACT: There is no financial impact at this time; existing County staff will be
utilized in the small area planning process.
RECOMMENDATION(S): The Administration recommends referral to the Planning Board for a
recommendation to be returned to the BOCC no sooner than August 21, 2007.
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
�ountP a! 0f
Current Planning + 306F Revere Road
(919) 245 -2575 P O Box 8181
(919) 644 -3002 (FAX) Hillsborough,
www.co.orange.nc.us O<<4 rate North Carolina, 27278
To: BOCC and County Manager
From: Craig N. Benedict, Planning Director
Date: May 18, 2007
Subject: NC Highway 57 Speedway Area Small Area Plan Task Force Report
On Monday, May 14 2007, the NC Highway 57 Speedway Area Small Area Plan Task
Force met to make recommendations to the BOCC regarding the Small Area Plan
adoption. The text of the plan the Task Force recommended for adoption is slightly
different from that which the BOCC had previously received in their May 21St Quarterly
Public Hearing packet.
Attached please find the Small Area Plan Report text that the Task Force recommended _.
for adoption.
NC Highway 57 Speedway Area Small Area Plan
Oki 5 A
A collaborative effort between the Economic Development
Department, Planning and Inspections Department,
and Durham County
May 21, 2007
Orange County, North Carolina
Task Force Members
Anita Badrock
Karen Barrows
Moses Carey
Darrell Chandler
Jonathan E. Huppert
Barry Jacobs
Debra Logner
Mac Miller
Bruce Peters
Kevin D. Peters
James Walker
Helen Youngblood, Durham County Planning
County Commissioners
Moses Carey, Chair
Barry Jacobs, Vice Chair
Valerie Foushee
Alice Gordon
Mike Nelson
Dianne Reid, Economic Development
Craig N. Benedict, Planning Director
Staff
Glenn R. Bowles, Jr.
Michael Harvey
NC Highway 57 Speedway Area Small Area Plan
NC Highway 57 Speedway Area Small Area Plan
EXECUTIVE SUYIM[ARY
Orange County is revising its Comprehensive Plan. Understanding that the county
comprehensive plan is the sum of its parts, smaller, unique areas are examined. Simultaneous
with this planning effort is a parallel effort to identify opportunities in the rural portion of Orange
County to encourage compatible economic development in appropriate settings. The NC
Highway 57 Speedway Area was selected as such an opportunity because of the several
businesses in the area and their non - conforming status, the protected watershed within which
they are located, the County's desire to encourage compatible non - residential development
while, at the same time, protecting the existing rural character of the area.
The NC 57 corridor area proposed for this Small Area Plan contains approximately 38 parcels
encompassing approximately 930 acres of land area and it located in the northeast corner of
Orange County. NC Highway 57 bisects the Study Area diagonally from southwest to northeast
towards the Person County and Durham County line. Mile Branch Road, Bacon Road, and
Bunny Road intersect with the NC Highway 57 north to south along the corridor. (Please refer to
Figure 1. Study Area Map on page 3.)
The Small Area Plan development included the following:
• An inventory and assessment phase, an identification of issues and concerns,
• Public feedback through a number of scheduled meetings, and
• The drafting of the Plan for public review and implementation.
To accomplish these tasks the BOCC appointed a twelve member Task Force made up of
residential property owners, commercial property owners, at -large county residents, Durham and
Person County representatives, and two BOCC members.
The Plan analyzed existing conditions and made recommendations regarding acceptable
development trends and land uses within the area, the need for additional community services
and transportation issues and concerns, and issues surrounding existing non - conforming, non-
residential land uses and their effect on existing and future land use development patterns within
the area. Special attention was given to ongoing traffic and access management concerns
identified by local residents as a major problem within the area, concerns over water quality and
quantity, noise and noxious odors, and an appropriate level of residential and non - residential
development to preserve the existing quality of life.
The Task Force developed its own charge, which includes a listing of issues, concerns, and
opportunities and constraints and focuses on new development, major safety hazards, soils, the
Speedway and go -karts, groundwater, traffic improvements, new businesses, water, rural
character, nuisances, new business opportunities, and future design opportunities. The charge
can be found in Table 1 on pages 6 through 8. The different topics listed in the charge form the
basis for the study goal statements and policies found on pages 25 through 40. Specific
Conditions of approval for the Speedway and the go -kart facility found on pages 34 and 36 and
36 and 38 came directly from the Task Force charge, with the exception of lighting, signage and
impervious cover concerns. The proposed quarry Special Conditions on pages 31 to 33 came
NC Highway 57 Speedway Area Small Area Plan
from the Task Force charge, the existing Durham County SUP, and the conditions developed for
another quarry in Orange County.
During the course of the planning efforts, it was discovered that North Carolina Department of
Environment and Natural Resources air, quality permits for a cement plant and an asphalt plant
and a mining permit for the quarry were issues, modified and/or renewed several times since
1994 without Orange County certification of zoning compliance. Any new modification or
renewal shall have such certification before NCDENR approval.
The Task Force would allow expansion of the non - conforming, non - residential properties to
enlarge perimeter buffering, but not to expand the principle activities. Further, the Task Force is
suggesting that a Rural Economic Development Area (REDA) be created to facilitate a process
to bring such non - conforming activities into compliance. The traditional rezoning and special
use permit processes were not felt to afford the community sufficient protection and assurances
of maintaining a rural life style and character. The proposed REDA district is found in Figure 4
on page 41, the REDA process on page 43, and the proposed ordinance beginning on page 49.
Four planning Principles contained within the report include:
1. Preservation and protection of the rural character and nature of the area,
2. Minimization of negative impacts natural systems /environmentally sensitive areas,
3. Restrict growth and development so that it complements the rural character and
lifestyles, and
4. Maintenance of present service levels for existing infrastructure.
From these four Principles the following nine Goals are set forth:
1. Any additional development shall augment or enhance the rural character of the area.
2. Steps should be taken to address design elements to aesthetically enhance the NC 57
entranceway into Orange County.
3. Future development proposals should not adversely impact existing groundwater
supplies.
4. Stormwater runoff shall be maintained on site in conformity with existing standards and
policies regardless of the project age or approval date.
5. Air quality issues shall be an intricate part of any future permit reviewed.
6. Existing non - conforming uses should be made conforming uses and brought into
compliance.
7. The stone quarry operation is a conforming use of property needing County Special Use
permit approval to renew its North Carolina permits.
8. Each existing non - residential land use should be held to specific development/re-
development criteria if they choose to take advantage of the sanctioned approval process
for becoming conforming land uses.
9. No new development should be allowed that negatively impacts existing infrastructure
(i.e. groundwater, traffic generation, etc) unless an appropriate and viable solution has
been approved by the County to mitigate these conditions.
Objectives and Policies are set forth to implement these Goals.
SECTION
I.
II.
III.
IV.
V.
NC Highway 57 Speedway Area Small Area Plan
W-1,11 11113A -We) WMINN N D100 0-
Page
I I e 10 t14--flucl
A.
PROJECT BACKGROUND
I
B.
STUDY AREA
2
C.
'PLANNING PROCESS
4
D.
SCOPE OF THE PLAN
5
E.
SMALL AREA PLAN TASK FORCE CHARGE
6
F.
RELEVANT PLANS AND ORDINANCES
20
A.
1981 ORANGE COUNTY LAND USE PLAN/ LAND
20
H.
USE ELEMENT (LUE)
9
B.
ZONING ORDINANCE
9
C.
SUBDIVISION REGULATIONS
10
I
9
1V'ACKGROUND INFORMATION - STUDY AREA ISSUES 13
A.
ENVIRONMENTAL
13
B.
EXISTING LAND USE
15
C.
INFRASTRUCTURE (WATER/SEWER SERVICE)
16
D.
HISTORIC AND CULTURAL
19
E.
ECONOMIC DEVELOPMENT
20
F.
HOUSING
20
G.
RECREATION, PARKS, AND OPEN SPACE
20
H.
COMMUNITY CHARACTER AND FORM
21
MAJOR ISSUES AND TASK FORCE
RECOMMENDATIONS
23
A.
LAND USE
23
B.
LAND USE PLAN AMENDMENTS
23
C.
LAND USE PLAN MAP AMENDMENTS
23
D.
ZONING/ECONOMIC DEVELOPMENT TEXT AMENDMENTS
24
E.
ZONING MAP AMENDMENTS
24
F.
RECOMMENDATIONS
24
REDA — REVIEW OF PROPOSED
NEW DEVELOPMENT REVIEW PROCESS 39
A. PROPOSED PROCESS 39
H
VI.
VII.
NC Highway 57 Speedway Area Small Area Plan
B. CONDITIONAL USES — BACKGROUND
C. RURAL ECONOMIC DEVELOPMENT AREA (REDA)
D. CONDITIONAL USE REVIEW CRITERIA
E. REVIEW PROCEDURE
COORDINATION MTERGOVERNMIENTAL
APPENDIX
40
40
41
41
43
45
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FIST OF TABLES AND FIGURES
Table
Page
1
Issues, Concerns, and Identified Opportunities and Constraints
6
2
Study Area Land Use Summary
15
3
Impact Area Well Inventory
19
Figure
1
Study Area Map
3
2
Soil Septic Limitations
14
3
Quarry Impact Area
18
4
NC Highway 57 Speedway Areal Small Area Plan
38
ll
Rough Draft One - Small Area Plan 05/18/2007
KIN
f1 1
In March 2006, the Orange County Board of Commissioners (BOCC) began to review the need
for re- starting the process for updating the Orange County Land Use Element of the
Comprehensive Plan. By October 2006, the BOCC adopted a new process for updating the
Comprehensive Plan, which would include the Land Use Element and seven other elements,
rather than focusing on an individual element. This process is scheduled to extend through
August 2008.
As the process was revamped at the Planning Board level, a major focus of initial discussion
among staff and elected officials was initiation of several small area plans that would outline and
detail specific initiatives focusing on development constraints and opportunities within defined
areas of the County for inclusion within the Land Use Element of the Comprehensive Plan.
As this discussion began, Planning Department staff identified several small area planning
initiatives as being essential for completion, and for eventual inclusion within the revised and
updated Land Use Element of the Comprehensive Plan. An area identified as being essential for
study was an area along NC Highway 57 near the Person and Durham county lines, specifically
focusing on the impacts of existing non - residential developments within the area and identifying
acceptable levels of future development of residential and non - residential uses.
At the same time this discussion was occurring at a staff level, commercial property owners
within the area expressed concern over the nonconforming designation and status of their
property and the impact such a designation might have on their ability to continue to utilize their
property. Several businesses in the area are considered to be legally non - conforming because
they were in operation before County zoning jurisdiction was established in Little River
Township.
Staff determined that the development of a NC Highway 57 Speedway Area Small Area Plan,
herein referred to as the Small Area Plan, represented the most appropriate course of action to
begin addressing local residents and property owners' concerns over existing, and future,
development trends within the area. The need to complete a comprehensive study of the area
was based on several factors, including the following:
1. The existence of several non - residential, non - conforming, land uses within the area,
specifically: Orange County Speedway (herein referred to as the Speedway), a go-
kart track, a cement plant, and a rock quarry that was located within both Orange and
Durham Counties,
2. The majority of undeveloped property within the area is located within identified
protected watersheds thereby limiting the overall development potential of the area,
3. The County's desire to study the feasibility of encouraging additional non - residential
development in designated rural areas of the County as a whole, and
NC Highway 57 Speedway Area Small Area Plan
4. The County's desire to protect existing development patterns within the area while
still allowing for reasonable use of property.
On June 27, 2006 the BOCC authorized the Planning and Economic Development staff to begin
the process of developing a Small Area Plan for the NC 57 area bordering the Person and
Durham County lines, in and around the Speedway property including parcels with an existing
go -cart track, a former asphalt plant, a cement plant, and an existing bedrock quarry.
The NC 57 corridor area proposed for this study, hereafter called the Study Area, contains
approximately 38 parcels encompassing approximately 930 acres. NC Highway 57 bisects the
Study Area diagonally from southwest to northeast. The Person County line is the northern
boundary and the Durham County line is the eastern boundary. Mile Branch Road, Bacon Road,
and Bunny Road intersect with NC Highway 57 north to south along the corridor.
The Study Area is located within Little River Township, which came under Orange County
zoning jurisdiction in 1994. The majority of the property within the Study Area is currently
zoned Agricultural Residential (AR) with two parcels zoned Existing Commercial Five (EC -5).
The Study Area is also located within the Flat and Little River Protected Watershed Overlay
Zoning Districts. The predominate land use is residential with four non- residential uses,
including the Orange County Speedway and a rock quarry, currently in operation. (Please refer
to Figure 1. Study Area Map.)
2
NC Highway 57 Speedway Area Small Area Plan
Figure 1. Study Area Map
0
parcels Watershed Boundary a °' • N t moh eyenia 1.200 teM
Feat
RSPU eed way�Study Area EC-5 Zones o 600 1,200
ildings` Inventoried Historic Structures , OanBPCOUPry Ma�ninOandlnpetbnsDepabnent
tsrA GIS Ma tare amd Brian [arson November 17, 2006
3
NC Highway 57 Speedway Area Small Area Plan
C. PLANNING PROCESS
Once the need to develop a Small Area Plan was recognized for the Study Area, County staff
defined a process to develop the Plan. The following is a review of the process:
1. Inventory and Assessment Phase: During this initial step, Planning and Economic
Development staff members collected and analyzed background data on the Study Area
including a breakdown of the land uses present within the identified Study Area, the
percentage of undeveloped lots within the area, the presence of environmental constraints
that would impede or hinder additional development, and the availability of the necessary
infrastructure to support additional residential and non - residential development.
2. Identification of Issues and Concerns: Using the background data, a current conditions
brief was developed outlining the current issues concerning allowing additional
residential and non - residential development within the Study Area. This current
conditions brief allowed staff to develop a preliminary list of strategies to solicit
additional input from local residents and to provide a backdrop for the Task Force that
would be created to oversee the completion of the Plan.
3. Public Feedback: The next step was to obtain feedback from the area residents with the
intent of obtaining a more accurate assessment of what the entire community desired for
the Study Area. This step included the public input phase where staff held an initial
focus group meeting outlining the overall scope and purpose of the project and soliciting
initial comments from local residents and property owners. This meeting was also
utilized to request volunteers to serve on the Task Force that would oversee completion
of the Plan. Once the BOCC appointed the Task Force, several additional public forums
were held to solicit input from local residents and property owners over development
trends within the Study Area.
4. Completion of the Plan. Based on input from local residents, property owners, and Task
Force members, a complete draft of the Small Area Plan will be presented to the BOCC
for review and comment.
On August 22, 2006, . the BOCC appointed a twelve member Task Force made up of residential
property owners, commercial property owners, at -large county residents, Durham and Person
County representatives, and two BOCC members.
After two community meetings and six Task Force meetings, the Task Force was charged with
developing the Plan for the Study Area and making recommendations to the full BOCC, and its
advisory boards and commissions, outlining a local perspective on the appropriateness of
existing land uses and development trends as well as recommendations on desirable levels of
future residential and non - residential uses within the area. The rationale for appointing a Task
Force is to ensure that the Plan represents the vision and needs of local residents and property
owners.
As originally envisioned, the Task Force was to develop the Small Area Plan by addressing the
following questions:
Ll
NC Highway 57 Speedway Area Small Area Plan
1. What are major Study Area issues?
2. What types of land uses are appropriate for the area?
3. Under what conditions could new residential and non - residential uses be established?
4. Under what conditions could existing non - residential land uses improve their facilities
and potentially become conforming activities per the Orange County Zoning Ordinance,
herein referred to as the Zoning Ordinance?
D. SCOPE OF THE PLAN
The scope of the Plan is to review the existing land use patterns and development regulations
within the Study Area and devise a set of proactive standards for future land use decisions within
this corridor. The Plan is also intended to review the existing non - residential developments
within the Study Area to identify possible improvements to these existing activities to both
address their conforming status, with respect to County regulations, and the off -site impacts
these uses generate.
The Plan analyzed existing conditions and made recommendations regarding:
1. Acceptable development trends and land uses within the area,
2. The need for additional community services and transportation issues and concerns, and
3. Issues surrounding existing non - conforming, non - residential land uses and their effect on
existing and future land use development patterns within the area.
Recommendations within the report attempt to balance existing development patterns within the
Study Area with local residents and property owner's concerns over the impacts existing, and
future, development within the area could have on identified issues. Special attention was given
to:
1. Ongoing traffic and access management concerns identified by local residents as a major
problem within the area
2. Concerns over water quality and quantity,
3. Noise and noxious odors, and
4. An appropriate level of additional residential and non - residential development to preserve
the existing quality of life within the area.
This Small Area Plan is intended to be a contributing component of the Orange County Land Use
Element of the Comprehensive Plan., The Comprehensive Plan outlines the overall development
philosophy for the County. The Small Area Plan applies the development goals and policies,
which are outlined within the Land Use Element, to a specific area and identifies how these goals
and policies are going to be implemented within the Study Area.
5
NC Highway 57 Speedway Area Small Area Plan
E. SMALL AREA PLAN TASK FORCE CHARGE
With the assistance of staff, the Task Force developed its own charge, which is presented in
Table 1. The Task Force Charge includes a listing of issues, a description of opportunities and
constraints, and a future vision for the Study Area. Some of the statements may appear to be
contradictory; but that is the dichotomy the Task Force was presented with — reconciling
commercial aspirations with neighborhood preferences.
Table 1. Issues, Concerns, and Identified Opportunities and Constraints.
® Issues and Concerns
o Development
✓ Area residents want more information on the Speedway.
✓ The County should work to keep things as they are.
✓ There is enough development within the area.
✓ More development will exacerbate existing problems.
✓ Residents are not interested in getting used to something new.
o Major Safety Hazards
✓ Noise and existing traffic are of great concern.
✓ Large trucks and R.V.s cannot access the existing commercial properties and have
to park along the highway.
✓ The Speedway, during race days, generates excessive traffic from the site.
✓ Speedway patrons often sped and litter the roadside.
o Soils
✓ Study Area soils do not percolate well.
o Speedway/Go-Karts
✓ Go -kart owners would like to see new business opportunities.
✓ Business owners should find out what would be acceptable and work to
accomplish those opportunities.
o Groundwater
✓ Water quality is a problem in the area.
✓ Well water is very bad and many wells have discoloration.
• Identified Opportunities and Constraints
o Traffic Improvements
Work within the existing NC 57 r.o.w. should address traffic flow problems.
✓ Widening NC 57 will be difficult because many well and septic systems are
located close to the road.
✓ Any road improvements should be on the developer's property.
ns
NC Highway 57 Speedway Area Small Area Plan
o New Businesses
✓ Businesses with low water usage could be welcomed.
Business complementary to the raceways could be acceptable.
✓ Storage facilities would be okay if traffic patterns or water usage do. not change.
✓ Recreation land uses might be acceptable so long as they do not generate off site
impacts.
o Water
✓ Water and the lack of good soils are major constraints for future development.
✓ The quarry is a probable source of water. problems.
® Future Vision
o Rural Character
✓ Development of emergency services, telephone and cable service, including the
availability of high -speed Internet services, to local residents shall be encouraged.
V. Extension of other services, especially water and sewer, is not encouraged due to
cost issues and other constraints.
✓ Commercial expansion opportunities shall be reconciled with the desire of local
residents to preserve and protect the rural character of the area and to improve
upon existing development to mitigate off -site impacts.
o Nuisances
✓ The need to address the identified nuisance issues, like litter and speeding, in a
comprehensive format should be reviewed.
✓ Commercial property owners shall identify ways to reduce off -site impacts from
identified non- residential activities.
✓ Programs to reduce noise from existing highway traffic and existing non-
residential operations are encouraged.
o New Business Opportunities
✓ There may be a need to expand non - residential land uses that supports existing,
outdoor recreational land uses and have low water use needs.
✓ Physical improvement to the Speedway or go -kart facilities should not create
more traffic congestion, trash and litter, nuisances, and noise.
✓ It is appropriate to allow additional development within the area that
complements existing, adjacent, land uses and to encourage new land uses that
would be appropriate based on preserving existing neighborhood aesthetics.
✓ If new businesses are brought to the area, then the County should work to attract
businesses that will not impact groundwater or septic system quality, would not
require the expansion of NC 57, would not create additional off -site impacts, is
respectful of the rural nature of the area, and complies with all environmental
rules.
✓ Re- development of existing non - residential property is encouraged when off -site
impacts are addressed.
7
NC Highway 57 Speedway Area Small Area Plan
✓ A request to expand the go -kart operations with a focus on a family recreation
will be reviewed.
o Future Design Opportunities
✓ NC 57 is an Orange County entryway and should have special design treatment to
welcome travelers to the area.
✓ The BOCC should review the feasibility of developing entranceway areas at all
major access points to the County.
✓ The need for implementing architectural standards and controls for existing and
future developments should be reviewed.
✓ The ability to install traffic control and traffic calming techniques within the area
to address traffic concerns, particularly after races, and for school buses stopping
on the highway should be reviewed.
✓ The need for buffers around the non - residential activities should be reviewed.
NC Highway 57 Speedway Area Small Area Plan
A. 1981 ORANGE COUNTY LAND USE PLAN/ LAND USE ELEMENT (LUE)
The Land Use Element Map (LUEM) is currently the guiding document for planning activities in
the County jurisdiction. An update to the Comprehensive Plan, including the LUE and LUEM is
currently underway and has an expected completion date of August 2008. It is the intent of this
study to provide up -to -date information and recommendations for possible inclusion in the
Comprehensive Plan. However, original or revised recommendations of the 1981 LUE will be
used for drafiing this report.
The existing LUE and LUEM define the Study Area as Agricultural Residential, meaning:
Land in the rural areas where the prevailing land use activities are related to the
land (agriculture, forestry) and which_ is an appropriate location for the
continuation of these uses.
The Study Area is not intended to be used for non - residential development and is only meant to
support residential and agricultural land uses. According to the LUE, Agricultural Residential
areas are not intended to have services (i.e. water /sewer) extended to them and are not
considered viable for land uses generating large amounts of traffic.
Zoning is the traditional and nearly ubiquitous tool available, to local governments to control the
use of land. Broad enabling authority for counties in North Carolina to engage in zoning is
granted in N.C.G.S. 153A -340. Zoning typically controls the type and intensity of use (e.g.,
residential, commercial, industrial) and provides minimum specifications for use such as lot size,
building height, set backs, and density of population.
Large areas of the County, and the vast majority of the Study Area, have the zoning district
classification of Agricultural Residential (AR). AR was established as a district whose purpose
is:
... to assist in the preservation of land suitable, as a result of location, existing
farming operations, soils and topography, for agricultural, silvicultural or
horticultural uses and to protect such uses from the adverse effects of incompatible
land uses.
Within the AR district regulations, certain uses are regulated to ensure that neighborhood impact
is mitigated. The AR district establishes minimum specific site standards, combined with general
standards that provide the necessary flexibility to impose a higher level of specific site standards
dependent upon the degree of neighborhood impact anticipated from a proposed development
project.
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NC Highway 57 Speedway Area Small Area Plan
The Study Area is also located within two watershed overlay zoning districts, specifically the
Flat River and Little River Protected Watershed Overlay Districts. The purpose of the
Watershed Overlay Districts is to:
... prevent significant future water quality deterioration in existing or potential
future drinking water reservoirs which receive stormwater runoff from land
within Orange County.
Protection of all water supplies within the State was mandated by the Watersupply Watershed
Protection Act passed by the General Assembly in 1989. The quality of water in drinking water
reservoirs can be affected by human activities including farming, construction of highways and
roads, subdivision development, industrial development, and other land - disturbing activities.
The intent of the Protected Watershed Overlay Districts is to apply a set of regulations involving
land use and, in some cases, structural best management practices that protect the watersheds by
reducing the pollution from future development.
To that end, the Watershed Overlay districts establish land use management practices that
involve minimum lot size, density ratios, buffer requirements, erosion control, and impervious
surface restrictions to protect water quality throughout the County.
There are also two properties within the Study Area that are zoned Existing Commercial Five
(EC -5). The purpose of the EC -5 District was to provide a district to be used only during the
initial application of zoning in previously unzoned townships to accommodate existing
commercial uses or in zoned townships to previously zoned commercial property that were not
located in areas designated as Activity Nodes by the adopted LUEM. When the Little River
Township was originally zoned in 1994, several existing commercial uses were zoned EC -5 to
allow them to continue operation as conforming uses of property. Per Article 4 of the Zoning
Ordinance, no additional property within the County can be rezoned to EC -5.
C. SUBDIVISION REGULATIONS
Orange County adopted subdivision regulations for Little River Township on March 13, 1978 'to
regulate the division of land. The Regulations provides for orderly growth, promote
environmental quality, protect property values, coordinate the development of future street right -
of -ways, provide for the development of a proper land records system, and promote
developments that allow for proper emergency response.
As a development tool, the most important feature of the Orange County Subdivision
Regulations, herein referred to as the Subdivision Regulations, are the standards established for
governing the development of infrastructure, specifically the construction and layout of roads
and road right -of- ways. With few exceptions, all subdivisions within the County's jurisdiction
are subject to review and approval by the staff, Planning Board, and the BOCC.
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NC Highway 57 Speedway Area Small Area Plan
There are two types of subdivisions: major and minor. Minor Subdivisions are divisions of land
resulting in the creation of two to five lots, and are generally reviewed at the staff level. Major
Subdivisions are those divisions of land proposing to create more than five lots; those are
reviewed for technical matters by staff and through a development review and approval process
that includes the Planning Board and BOCC.
All subdivisions have to make provisions for road construction as well as designating a minimum
road right -of -way. Although the County has private road construction standards that are less
restrictive than the North Carolina Department of Transportation (NCDOT) standards, the right -
of -way requirements are the same.
As areas within the County continue to develop, the need to encourage the interconnectivity of
individual roadways becomes more and more important to allow for the free flow of traffic and
to create a unified traffic pattern. The availability of alternate routes, and interconnected side
streets, throughout an area provides for some disbursement of traffic and alleviates some of the
traffic load off the highways serving larger areas of the County. Prior understanding of this
network of roads and planning for this at the subdivision level can be a powerful tool in
proactively addressing transportation problems of the future.
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NC Highway 57 Speedway Area Small Area Plan
12
NC Highway 57 Speedway Area Small Area Plan
BACKGROUND SECTION 111.
STUDY AREA
The various existing non- residential operations in the Study Area were established prior to the
adoption of comprehensive zoning regulations in 1994. As a result, they were allowed to
continue operation as nonconforming land uses per Article 11 of the Zoning Ordinance. The two
racing facilities and the concrete plant are not consistent with the current zoning of the area and
would not be allowed to develop under current County regulations. The rock quarry is
potentially consistent with existing zoning regulations, but only with the submission, and BOCC
approval, of a Class "A" Special Use Permit. Other issues of significance are discussed below.
A. ENVIRONMENTAL
The topography of the Study Area is gently rolling to hilly, with slopes falling away from the
major drainage divide of the Little River to the south and the Flat River to the north. Both rivers
are tributaries of the Neuse River.
Under -lying geology has a profound influence on the settlement pattern and land use. NC
Highway 57 generally divides the Study Area with granite bedrock to the east of the road and
metamorphic rocks to the west. Surface soils formed from weathered granite have severe
limitations for on -site septic disposal drain fields. The few residences found east of the highway
are on lots larger than ten acres. The Hanson Aggregate rock quarry is at its present location
primarily due to the quality of granite rock found relatively close to the surface. Bedrock is
crushed and used as concrete and asphalt aggregate.
To the west, soils have moderate septic field limitations, except where slopes exceed ten - percent.
Figure 2 illustrates the pattern of soils with septic limitations. The soils colored red have severe
limitations. The different soils colored green have moderate limitations. The variations in the
red, severe limitations for septic fields, and green, moderate limitations for septic fields, help
denote the different soil types.
Ground water yields across the Study Area are not sufficient to support extensive new residential
or high water use non - residential growth, particularly east of NC Highway 57. Seams and
fissures in the rock will yield water of low to acceptable quality, but the quantity of the yields
has generally limited new housing starts.
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NC Highway 57 Speedway Area Small Area Plan
Figure 2 Soil Septic Limitations.
14
NC Highway 57 Speedway Area Small Area Plan
B. EXISTING LAND USE
Table 2 summarizes land use activities within the Study Area. The Hanson Aggregate stone
quarry (241.57 acres) and the concrete plant dominate the existing land uses east of NC Highway
57. West of the highway, the Speedway (118.59 acres) and the go -kart facility (80.52 acres) are
the dominant land uses.
Table 2. Study Area Land Use Summary.
Uses
Outdoor Active Undeveloped Industrial Residential
Quarry Recreation Agriculture
Totals
Sub - totals
241.57 ac. 199.11 ac. 109.49 ac. 242.72 ac. 29.65 ac. 107.96 ac.
930.50 ac.
Study Area %
1 26.0% 21.4% 11.8% 26.1% 3.2% 11.6%1
100.00%
Quarry
The Nello L. Teer Company, the former quarry operator, received its initial operating permit
from the State of North Carolina in 1987. Durham County, at the same time, reviewed the
development proposal and issued a Special Use Permit (SUP) allowing for the quarry operation
to be established. Within Durham County, the quarry area is within the Tittle River. Watershed
Plan as a protected corridor. As previously indicated, the Orange County portion of the stone
quarry was not zoned until 1994, when it was designated as Agricultural Residential (AR).
While the County conducted a public information meeting on the quarry development proposal
in 1987 regarding the mining permit, primarily in Durham County at that time, no permit was
issued.
With the establishment of County zoning authority in Little River Township in 1994, the stone
quarry became a legal non = conforming land use. Hanson Aggregates has operated a granite rock
quarry east of NC Highway 57 since 2002. The quarry operation is located within both Orange
and Durham counties, with the majority of the quarry operation within Durham County.
The Orange County portion of the quarry contains 242 acres of leased lands and lands owned in
fee simple by Hanson Aggregates. At present nineteen acres of this area are actively quarried
and another 80 acres are bonded for active quarry operational areas. The ultimate quarry pit
area, according to the permit on file with North Carolina Department of Environment and
Natural Resources (NCDENR), is intended to incorporate approximately 80 acres of land within
Orange County.
The current permit authorizing quarry operations expires on March 8, 2008. The looming
renewal question presents the quarry owners and Orange County an excellent opportunity to
address the SUP issue in a proactive manner. Durham County may review their SUP during the
renewal while Orange County will initiate its own new SUP review process.
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NC Highway 57 Speedway Area Small Area Plan
Quarry — Asphalt Plant
NCDENR issued an initial Air Quality permit to the Nello Teer Company to develop an asphalt
plant on the quarry property in the April 1991. The permit noted the plant as being in Durham
County where the quarry administrative center is located, rather than the actual physical Orange
County location. A few years after NCDENR issued its original permit the asphalt plant, located
on leased lands west of the quarry within Orange County's planning jurisdiction, burned down
and the plant operation ceased. Like the concrete plant to the north, its location is tied to the
stone quarry operation.
Concrete Plant
Like the stone quarry, the concrete plant on Mile Branch Road began operation before zoning
regulations were in effect for Little River Township. The plant is a legal non - conforming use
that would need rezoning to become conforming.
Orange County Speedway and Go -Kart Track
The outdoor raceway facilities dominate the west side of NC Highway 57 because of their large
lot size, volume of traffic generated before and after events, and in the case of the Speedway, the
sheer volume of noise emanating from the raceway. Litter generated on local roadways is also of
concern to local residents. The Speedway and the go -kart facilities are not currently listed as
either permitted or special uses in the AR zoning district. To make them conforming there
would have to be amendments to the existing Orange County Zoning Ordinance, such as a
zoning amendment allowing the uses within the AR zoning district or the creation of a new
zoning district. Along with these amendments there would have to be conditions of approval
established governing the operational characteristics of both land uses. Because the two raceway
activities were established before County zoning authority was established, the properties are
considered to be legal non - conforming uses of land.
C. INFRASTRUCTURE (WATER/SEWER SERVICE)
As previously indicated, there are no public sewer collection or water distribution systems
available within, or planned for, the Study Area. The Study Area is not part of a Primary Service
Area and water and sewer service is not anticipated, except in the advent of a documented
adverse public health condition, such as contaminated well water, un- repairable wells, or where
there is no alternate location on -site for a new well and no other service option is available.
During initial public input sessions, several local residents expressed concern over the
sustainability of their wells. Some residents stated that their wells were contaminated as the
result of blasting activities at the stone quarry.
The Orange County Environmental Health Division has offered to provide well testing services
to properties within 3,000 feet of the stone- quarry properties to evaluate well water problems.
Figure 3 maps the quarry impact area. There are 33 residences in the quarry impact area, many
of which are outside of this Small Area Plan Study Area.
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NC Highway 57 Speedway Area Small Area Plan
The Environmental Health Division has well records on 31 of these residences. Table 3 lists the
wells, the address of the property that the well serves, its Tax Map Block and Lot Number, the
year the well was drilled, its depth, casing height, yield in gallons per minute, and the results of
any water testing. Only five of the wells have documented water quality tests.
Six of the wells were operational before the stone quarry began mining bedrock in the mid to late
1980's. The other 25 wells were drilled after the quarry began operations. The average well
depth is 235 feet and the average well yield is just over nine gallons per minute. The County has
no record of failed wells in the Study Area, although several new wells had to be re- drilled
because of the lack of sufficient water yield.
According to Health Department records, only six property owners have requested, and received,
well quality tests. Three of those have high iron (Fe) levels that could cause the reddish well
water referenced by so many residents as a concern during. the initial public information
meetings.
As of the writing of this Plan, there is insufficient evidence to state that the quarry operation has
or has not created problems for local wells. The Task Force members believe that further study
is warranted to review the issue and make a final determination once all of the facts are in.
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NC Highway 57 Speedway Area Small Area Plan
Figure 3. Quarry Impact Area.
Speedway Study Area 0 Parcels IhiMActive Quarry Operations N Y Inch equals Y,500 feet
0 750 Ysao
3,000' BufferAround D,Quarry Impact Area ®Feet
® ®oP Active Quarry Operations Orange County Planning and Inspections Department
q5 Map Prepared by Brian Carson February 02, 2007
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NC Highway 57 Speedway Area Small Area Plan
Table 3. Impact Area Well Inventory.
Property Mailing
Address
TMBL
Date
Depth
Casing
Yield
Bacteria Test Inorganic
8530 McKee Road
1.12.AB
1993
165
53
20
Normal Okay
8811 McKee Road
1.12..5B
1992
145
42
20
9616 La Mesa Lane
1.4..24
1999
325
42
3
9604 La Mesa Lane
1.4..25
1997
160
42
10
5 Penn Plaza
1.4..26
1998
305
42
3
9601 La Mesa Lane
1.4..27
1998
220
42
16
340 Plantation Dr. ,
1.4..42
8623 Bacon Road
1.4 -5
2003
365
63
2
Total High Mn
4004 Stonebrook Farm
1.4..6C
1993
605
53
4
9740 NC Hwy. 57
1.4 -8
1986
142
67
25
P. O. Box 131211
1.4.9
1988
165
21
10
8016 Bunny Road
1.5..101)
1992
145
48
12
8203 Bunny Road
1.5..10F
Normal
9335 NC Hwy. 57
1.5..11
2005
305
63
2
P. O. Box 32
1.5..12
2001
185
63 '
2
9420 NC Hwy. 57
1.5..18
1998
445
42
2
Normal High Fe
9504 NC Hwy. 57
1.5..19
1983
285
27
1
9524 NC Hwy. 57
1.5 -19A
2002
205
63
4
P. O. Box 143
1.5..1E
1987
100
30
8
2211 Red Mountain
1.5..1G
2004
300
63
0
P. O. Box 140
1.5..2A
1984
125
44
8
Normal High Fe, Pb
9415 NC Hwy. 57
1.5.3
1984
225
59
4
High Fe, Cu
9400 NC Hwy. 57
1.5.3B
1989
125
4
3
9340 NC Hwy. 57
1.5..3C
1984
185
54
6
8612 Bunny Road
1.5..3E
1999
442
80
1
8710 Bunny Road
1.5..6B
2004
165
63
30
8612 Bunny Road
1.5.3
8612 Bunny Road
1.5.3A
1998
145
57
20
8615 Bunny Road
1.5..7C
2001
185
63
20
8705 Bunny Road
1.5..7D
2001
165
63
20
8620 Bunny Road
1.5..,
1983
230
21
2
aource: orange County rnvironmeniai neann Department
Yields are expressed in gallons per minute.
Wells drilled before 1981 may not be included in this listing and data for these older wells may
not be available.
D. HISTORIC AND CULTURAL
There are four houses within the Study Area that are included on the inventory of historic
structures for Orange County. They include the William Tilly House on the east side of NC
Highway 57 at the Person County line; the house on the Hanson Aggregates property southwest
19
NC Highway 57 Speedway Area Small Area Plan
of the former asphalt plant; the Evans house at the northwest comer of NC Highway 57 and
Bacon Road; and a house on the north side of Bacon Road, west of the Speedway.
No other historic or culturally significant sites have been documented within the Study Area.
E. ECONOMIC DEVELOPMENT
As previously indicated, there are four existing non-residential land uses within the Study Area
that represent significant, or potentially significant, employers and economic generators. These
include the stone quarry, the concrete plant, the Speedway, and the go-kart raceway. A local
landscape contractor office and equipment storage facility is operating within one of the EC-5
zoning districts.
The Economic Development Commission's purpose, as outlined within its five-year strategic
plan, is to:
... make Orange County a smart, innovative place — a great place in which to live
and work. We encourage public-private investments to provide jobs for county
residents and to increase the non-residential tax base. Through these investments,
we enhance the financial well-being and quality of life of county residents, and
the ability of their local governments to provide high-quality services.
To this end, the Economic Development Commission (EDC) sees the existing non-residential
land uses as an important component of on-going programs to study the viability of expanding
economic development opportunities within the rural portions of the County. EDC staff and
board members, however, understand the relationship between encouraging 'balanced' growth so
that the rural character of an area is preserved even with the addition of non-residential land uses
to a given area.
The EDC is a partner in this planning process, and is endeavoring to work with local residents
and property owners to develop appropriate goals and policies geared to - addressing their
concerns.
F. HOUSING
There are currently sixteen single-family residences on 108 acres of land within the Study Area.
Four of these structures are listed in the inventory of historic structures for Orange County. The
type of housing ranges from manufactured housing units to older stick built homes. While not
directly assessed, housing quality does not appear to be an identified issue.
G. RECREATION, PARKS, AND OPEN SPACE
No publicly owned recreation, parkland, or open space is located in the Study Area. There are
nearly two hundred acres of private recreation land in the form of an automotive speedway and a
go-kart raceway and limited motocross track. The Durham County Special Use Permit
references a recreational complex on the quarry property after operations have ceased.
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NC Highway 57 Speedway Area Small Area Plan
Ownership and park operations are not specifically defined, but Orange and Durham Counties
have developed a cooperative agreement for the Little River Park and could expand that
arrangement to include the eventual park use for the quarry. The Durham County portion of the
atone quarry is included in the Durham County Little River Corridor and Open Space Plan.
H. COMMUNITY CHARACTER AND FORM
NC Highway 57 is a two -lane road with a 55 miles per hour posted speed limit. Over the past
few years, traffic counts north of Mile Branch Road average from 1,800 to 2,900 daily trips,
which is about 30% of design capacity. South of New Sharon Church Road the traffic counts
average from 2,400 to 2,800 daily trips. The highway provides access north to Roxboro and
northern Durham County via US 15 /501 and south to Hillsborough and Durham via US Highway
70.
The local community is rural in nature and surrounds non - residential activities.
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NC Highway 57 Speedway Area Small Area Plan
NC Highway 57 Speedway Area Small Area Plan
rW,ECTION IV. MAJOR ISSUES AND TASK FORCE
RECOMMENDATIONS
The overall purpose of the Small Area Plan is to review the existing land use patterns and
development regulations currently enforced within the Study Area and devise a set of proactive
standards to regulate future land use development along the NC Highway 57 corridor.
The recommendations contained within this section reflect a balance between the need to
encourage reasonable development and the availability of infrastructure, including adequate
roads, to support additional growth.
Specifically, the recommendations within this Section address the following issues:
A. LAND USE
The Policy statements outlined within this portion of the report recommend uses of
undeveloped property based on numerous factors including, but not limited to,
surrounding land uses, presence of existing natural hazards such as floodways, the
potential impact land use will have on local roadways, the environmentally sensitive
nature of the area, and concerns over water usage.
B. LAND USE PLAN AMENDMENTS
Recommendations have been made regarding the possible amendment of current
Land Use Element goal statements and policies affecting development within the
Study Area in order to promote present and future land use patterns identified within
this Plan. These goals and policy initiatives are intended to become part of the final
Comprehensive .Plan update that will be reviewed and approved by the BOCC
sometime in 2008.
• County Planning staff and the Planning Board will review all proposed amendments
to the existing Orange County Comprehensive Plan and will make a formal
recommendation to the BOCC on their adoption. The BOCC will make the final
decision on the appropriateness of the amendment(s) after holding an advertised
public hearing to solicit public comment on the proposal(s).
C. LAND USE PLAN MAP AMENDMENTS
• Recommendations have been made regarding the possible amendment of the current
Land Use Element Map to outline a new area intended to foster economic
development within the rural portions of the County.
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NC Highway 57 Speedway Area Small Area Plan
D. ZONING/ECONOMIC DEVELOPMENT TEXT AMENDMENTS
Recommendations have been made regarding the possible amendment of current
zoning/economic development regulations enforced within the Study Area in order to
promote present and future land use patterns as identified within the Land Use
Section.
The Planning Board and Economic Development. Commission shall review all
proposed amendments to the Zoning Ordinance and Economic Development Manual
and make formal recommendations to the BOCC on their adoption. The BOCC will
make the final decision on the appropriateness of the amendments after holding an
advertised public hearing to solicit public comment on the proposals.
E. ZONING MAP AMENDMENTS
Current Zoning Districts within Orange County have been reviewed for compatibility
with the recommendations made within this study concerning promotion of present
and future land use patterns within the Study Area. Recommendations, with respect
to Zoning Map Amendments, have been made to promote the development of
property consistent with Policy statements concerning the potential growth within the
Study Area.
As with the recommended changes to existing zoning regulations, County Planning
staff and the Planning Board will review all recommended Zoning Atlas Amendments
first and make a formal recommendation to the BOCC on their adoption. The BOCC
will make the final decision on the appropriateness of these map amendments after
holding an advertised public hearing to solicit public comment.
Each identified Land Use Policy has a detailed description of any necessary zoning text or
zoning map amendment, amendments to other ordinances or new regulations that will be
necessary to support the Policy statement. In many cases multiple Policy recommendations are
outlined to provide multiple options for addressing identified land use issues.
F. RECOMMENDATIONS
Orange County's overall planning principles regarding growth and change within the Study Area
are:
1. Preservation and protection of the rural character and nature of the area,
2. Minimization of negative impacts natural systems /environmentally sensitive areas,
3. Restrict growth and development so that it complements the rural character and lifestyles,
and
4. Maintenance of present service levels for existing infrastructure.
NC Highway 57 Speedway Area Small Area Plan
Recommendations in the following text organize goals, objectives, policies with standards,
implementation that the County can consider to address future development within the Study
Area. Task Force members have identified recommendations that they believe will best serve
the County's principles. Regulatory mechanisms necessary to support each principle and goal
are contained within each section and denoted as either amendments to the zoning text, zoning
atlas amendments, or other land development ordinance amendments.
PRINCIPLE 1 -- Preservation and protection of the rural character and nature of the area
Residents have expressed to Task Force members that there is already enough development
within the area and that additional development, both residential and non - residential, will further
exacerbate existing problems. These concerns are described in the scope of the plan.
Local residents have indicated that they are not interested in seeing the extension of services,
specifically water and sewer, due to cost issues and other constraints that they believe will only
lead to additional development within the area. Most residents and property owners have
indicated that they like the Study Area the way it is and are not interested in major change.
Chief among their concerns is that additional development will create more noise and traffic
issues than they want to deal with. The Task Force has received numerous complaints over the
amount of traffic generated by the quarry as well as the Speedway. They have expressed
frustration that more has not been done, previous to this Small Area Plan, to comprehensively
review the impacts of the existing non - residential land uses on their ability to make reasonable
use of their property.
While local residents have expressed concern over additional development, they have suggested
that expansion of commercial opportunities may be acceptable if the expansions preserve and
protect the rural character of the area. Local residents have also indicated a willingness to
address the conforming status of existing non - residential developments in an effort to encourage
those property owners to improve upon their existing development sites and to mitigate off -site
impacts.
Expansion of housing opportunities in the Study Area is not a concern. Rather, the conservation
of the lifestyle and rural ambiance is a significant issue. The Study Area is located in a rural
portion of the County where local residents have chosen to reside in an effort to escape the
congestion and hectic pace of urban areas. More to the point, maintaining residential property
values for those existing residents in and around the non - residential operations is a high priority.
Furthermore, controlling those off -site impacts such a noise, odor, litter, and traffic congestion
are at the heart of the discussions.
Goal 1. Any additional development shall augment or enhance the rural character the area.
Objective 1 -1. All new development or rezoning approvals shall enhance the rural
nature of the community and shall complement existing, adjacent, land uses and preserve
existing neighborhood aesthetics.
R
NC Highway 57 Speedway Area Small Area Plan
Policy. The BOCC shall identify the Study Area as a rural portion of the County and that
future development plans for the Study Area shall be reviewed in terms of enhancing the
rural nature of the community.
Objective 1 -2. All Orange County Comprehensive Plan Land Use Element policies shall
complement the importance of maintaining the rural lifestyle and culture.
Policy. The County should continue to maintain and defend existing policies within the
Orange County Comprehensive Plan Land Use Element, which outline the importance of
maintaining the rural lifestyle and culture.
Implementation. The BOCC should consider the objectives and policies
contained within this document when finalizing decisions on addressing the
conforming status of existing non - residential developments and on the possible
allowance of additional non - residential land uses within the Study Area
Policy. Identified historic and/or cultural resources should be preserved throughout the
Study Area, whenever practical, consistent with other established Orange County policies
and regulations.
Implementation: The BOCC should review the need to conduct proactive
historic surveys of large properties within the Study Area to verify if additional
culturally significant sites exist.
The Study Area represents a `gateway' into the County that establishes an entry corridor where
travelers form opinions as to the quality of life within the area as a whole.
Goal 2. Steps should be taken to address design elements to aesthetically enhance the NC 57
entranceway into Orange County.
Objective 2 -1. An entry corridor design manual shall be developed for the NC Highway
57 corridor north of Bunny Road within two years.
Policy. The BOCC should designate a segment of NC Highway 57 within the Study
Area as an entry corridor and develop appropriate design elements to welcome visitors to
the area.
Implementation: The BOCC should study the feasibility of acquiring sufficient
property within the Study Area to develop a welcome sign with landscaping and
other similar features.
PRINCIPLE 2 -- Minimization of negative impacts natural systems /environmentally
sensitive areas
The Task Force finds that groundwater quality, and quantity, are issues for new development
projects within the area and that the limitations on existing sources for groundwater have
NC Highway 57 Speedway Area Small Area Plan
contributed to well issues for existing residents and property owners' for sometime now. Some
Study Area residents have suggested that the discoloration in their well water may be attributable
to the stone quarry operation and that blasting activities have created problems for their wells,
some over 30 years old. The lack of reliable, consistent potable water supplies and poor soil
conditions for septic drain fields limit development opportunities within the Study Area.
Goal 3: Future development proposals should not adversely impact existing groundwater
supplies.
Objective 3 -1. The County Health Department, in close coordination with the County
Planning and Inspections Department, shall educate all residents living within the 3,000 -
foot Hanson Aggregate stone quarry impact area regarding well testing services to
evaluate well water problems through a systematic study and assessment.
Policy. The BOCC should identify the Study Area as a high priority for an
Environmental Assessment of well water samples and surveys through the County Health
Department, specifically focusing on: groundwater sustainability, aquifer flow testing,
well contamination, and well capacity. Known geophysical conditions associated with a
deep bedrock quarry, nearly one -third of private wells in operation prior to quarry
operations, are the risk factors justifying such a study and assessment.
Objective 3 -2. The County should include language within the Orange County Land Use
Element update requiring all non - residential development projects and major residential
subdivisions within the Study Area to complete comprehensive environmental
assessment of the groundwater resources to determine the magnitude of future use and
sustainable, on -site aquifer yields that does not compromise wells on adjacent properties,
as part of their review and approval process.
Policy. The County shall revise existing land use regulations and development review
procedures and include provisions requiring the review of anticipated groundwater usage
for all proposed development projects and that this study shall be a major consideration to
determine the appropriateness of any proposed land use, or for permit approval of
improvements to land existing uses, within the Study Area.
Policy. The County should revise existing standards governing the review and approval
of quarry operations to require as a condition of approval that quarry
developers /operators, in close coordination with the Orange County Environmental
Health Division, establish well monitoring programs to monitor the viability of all private
wells within 3,000 feet of the active quarry operations within the Study Area and that the
quarry operators shall be required to remedy, at their expense, any problem directly
attributed to the quarry operation.
Policy. The BOCC should require formal notification to the NCDENR identifying all
existing mining operations, or those uses that require air quality permits, within the Study
Area and inform them that mining permit approvals, renewals, or modifications, shall
require County zoning approval prior to permit review at the State level.
27
NC Highway 57 Speedway Area Small Area Plan
Objective 3 -3. All NCDENR mining and air quality permits, which are located partially
or wholly within Orange County, shall receive a finding of zoning compliance before
they are issued.
Objective 3 -4. All new development or rezoning approvals shall limit groundwater
withdraws to that of a single family, four - bedroom residence (480 gallons per day) on
two acres of land.
Policy. BOCC should only consider uses that do not require high volumes of
groundwater when considering potential Zoning Atlas amendments to allow non-
residential developments within the Study Area. High groundwater demand is defined as
more water consumption, than that of a four - bedroom residence (480 gallons per day) on
two acres of land.
Further, stormwater runoff is a potential problem for existing and new developments within the
area. While existing non - residential developments are located on parcels of sufficient size to
address runoff issues, greater focus needs to be given to the potential impacts on neighboring
residential properties.
Goal 4. Stormwater runoff shall be maintained on site in conformity with existing standards and
policies regardless of the project age or approval date.
Objective 4 -1. All new development or rezoning approvals shall be compliant with
impervious cover standards and storm water and erosion control regulations.
Policy. The BOCC shall work with the owners of existing non - residential developments
to require improvements to the property addressing stormwater issues.
Implementation. Neuse Basin soil erosion control rules shall apply.
Air quality is a potential problem for existing and new developments within the area. Local
residents and Task Force members have expressed concern over noxious fumes and dust being
generated by existing, or future, non - residential uses. Most participants expressed significant
concern over the possibility of an asphalt plant being re- established on the quarry property.
While there are no local regulations addressing this issue, Task Force members have concluded
that the preservation of air quality is essential to preserve the quality of life within the area.
Goal 5. Air quality issues shall be an intricate part of any future permit reviewed.
Objective 5 -1. The BOCC shall require all non- residential development projects and
major residential subdivisions within the Study Area to complete air quality permits,
when such permits meet NCDENR criteria.
Policy. The County shall review the need to develop local regulations governing air
quality and requiring local air quality permits.
NC Highway 57 Speedway Area Small Area Plan
Implementation. All new development or rezoning approvals shall be compliant
with County air quality standards. .
PRINCIPLE 3 -- Restrict growth and development so that it complements the rural
character and lifestyles
The Task Force finds that existing non - residential developments generate significant off -site
impacts including, but not necessarily limited to: noise, litter, stormwater runoff, traffic
congestion, light intrusion, and dust generation. Unregulated, these impacts diminish the rural
character and overall quality of life of the surrounding community and contribute ` to local
residents concerns over expanding non - residential development within the area.
Task Force members suggest that a process to make these existing uses conforming to local land
use regulations should be established to address off -site impacts and concerns over their status
and nonconforming land uses.
Goal 6. Existing non_ conforming uses should be made conforming uses and brought into
compliance.
Objective 6 -1. - Under the appropriate conditions, both the Speedway and the go -kart
facility will be brought into zoning compliance within three to five years through the use
of a conditional use zoning approval process.
Policy. The BOCC should work to find an appropriate mechanism to make the existing
non - residential land uses, specifically the Speedway and go -kart track properties,
conforming uses of property through amendments to the Zoning Ordinance.
Implementation. The Task Force recommends that the BOCC consider adopting
a new conditional use zoning district, or Rural Economic Development Area
(REDA), to address for non - residential development within the Study Area.
In reviewing various zoning options the Task Force concluded that other options,
such as amendments to the existing AR zoning district to allow the existing non-
residential land uses to be listed as permitted/special uses of property, were not
viable because of the timing for amending basic concepts in the Comprehensive
Plan and political reluctance to consider commercial rezoning. Task Force
members concluded that the REDA process represented the most reasonable
method to address the existing non - residential developments within the Study
Area.
Implementation. The Orange County Comprehensive Plan should be amended
to include references to a REDA conditional zoning district and establish
necessary guidelines governing the location and development of such districts.
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NC Highway 57 Speedway Area Small Area Plan
Implementation. The BOCC should consider utilizing the review and approval
process for the new conditional use zoning REDA district.
Objective 6 -2. Within eighteen (18) months, the BOCC shall establish a new conditional
use zoning district for rural economic development areas, which addresses all off -site
impacts.
Policy. Existing non - residential raceway sites within the Study Area should be rezoned
to an appropriate zoning designation to make them conforming land uses.
Policy. The existing non - residential land uses within the Study Area may expand their
boundaries, but only to enhance their perimeter buffers and not to expand their
operations.
As with the racetracks, the Task Force finds that existing quarry operation generates significant
off -site impacts including, but not necessarily limited to: noise, water quality, traffic congestion,
and dust generation. Unregulated, these impacts diminish the rural character and overall quality
of life of the surrounding community and contribute to local residents concerns over expanding
non - residential development within the area.
The Task Force finds that these, existing uses could be made conforming to local land use
regulations in an effort to address these off -site impacts and address concerns over their status
and nonconforming land uses.
With respect to the quarry operation, the land use is already considered to be a conforming use of
property, as per Section 11.6 of the Zoning Ordinance. The Task Force believes that the County
should take appropriate action to address the off -site impacts of the quarry while limiting the
potential for operational expansion beyond what is described in the existing end use plan.
Further, the end use plan for the stone quarry calls for a 100 -acre reservoir and outdoor
recreational activities on both the Durham and Orange County portions of the property. The time
horizon for the development of such a public asset is twenty to fifty years off, depending on
aggregate rock market conditions. The creation of additional parkland within the Study Area
shall be encouraged.
Goal 7: The stone quarry is a conforming use of property, needing County Special Use Permit
approval to renew its North Carolina permits.
Objective 7 -1. The BOCC not consider allowing for an asphalt plant at the Highway 57
quarry site based on all available information stone quarry managers supplied to the
NCDENR and County staff.
Policy. An asphalt plant is not a normal and customary accessory use to a stone quarry
operation.
Objective 7 -2. Conditions shall be applied to the stone quarry operation to address the
identified off -site impacts, as a part of the renewal of its North Carolina permits.
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NC Highway 57 Speedway Area Small Area Plan
Policy. The County should encourage stone quarry operation to bring the property into
compliance with provisions of Article 8 of the Zoning Ordinance and work with local
officials to address off -site impacts by means of the following standards:
1. Noise. No blasting activity shall occur within five hundred feet (500') of perimeter
property lines. The stone quarry managers shall have developed and submitted a pre -
blasting survey of all structures within 3,000 feet of the quarry operation. The stone
quarry managers shall develop and maintain a blast notification directory and inform all
persons within the directory when blasting activities are scheduled to occur and shall
utilize the most current, noise - reducing blasting techniques authorized by the State of
North Carolina. The stone quarry managers shall establish limits on blasting activities to
coincide with provisions of the Orange County Noise Ordinance. At a minimum quarry
and rock crushing activities shall not exceed 60 dBA as measured at any perimeter
property line.
Noise baffling systems shall be installed at the stone crushing plant. All stone crushing
equipment shall be operated within an enclosure, and any stone crushing activities shall
only occur between the hours of 8:00 a.m. to 9:00 p.m., Monday through Saturday.
2. Buffers and Berms. A one hundred foot (100') Type -F buffer shall be erected and "
maintained around the perimeter of the property and a natural buffer or man-made berm
to ensure that there is no quarry activity within 200 feet of a stream or other protected
water body. No extraction activities shall occur within three hundred (300') of any
occupied residential dwelling. The stone quarry managers shall install and maintain
necessary earthen berms or screens, which shall not exceed twenty feet (20') in height
from the existing natural contour line and shall be constructed utilizing native soils from
the property or of inert material, to prevent flying rock as the result of blasting activities.
A six -foot (6') high security fence shall be erected around the entire circumference of
active mining areas and shall be posted with warning signs advising of the dangers of the
site.
3. Groundwater and Property Impacts. The stone quarry managers shall locate and
describe all monitoring wells on the quarry property and make all data collected from
said wells available to Orange County personnel for review. The stone quarry managers
shall work with the BOCC to establish a "No Fault Well Repair Fund" to cover the costs
of repairing wells damaged as the result of stone quarry activities.
The stone quarry managers shall work with the BOCC to develop a `Loss of Fair Market
Value program' for property owners who lose market value on their property as the result
of quarry operations and shall maintain insurance coverage for any blasting damage to
surrounding residences.
4. Operational Characteristics. The stone quarry managers shall use only defined
access points along Highway 57 and Mile Branch Road and shall work with NCDOT, the
State Highway Patrol, and County officials to address traffic management issues by
making improvements to the Highway 57/Mile Branch Road intersection.
The stone quarry managers shall develop an education program to continuously remind
all drivers of existing local speed limits along local roadways and provide adequate
notice, to all drivers to keep their loads covered. The stone quarry managers shall install
spray bars and rumble strips to control and regulate truck traffic before they exit the
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NC Highway 57 Speedway Area Small Area Plan
premises. All equipment operating on the property are equipped with back up alarm
systems, or other similar equivalent, and a water wagon, or other similar apparatus, shall
be used as needed to manage dust flow throughout the property.
The property owner shall make an annual report available to the BOCC detailing material
extracted, area of extraction, extraction depth, and ground water testing results, and shall
demonstrate to the County Zoning Enforcement Officer that all operations on the quarry
property conform to all previously approved mining permits, reclamation plans, and used
only for mining, processing, storage, and sale of stone.
6. End of Operations Plan. The property owner shall notify Orange County one (1) year
notice in advance to cessation of operations at the quarry property and shall post a
rehabilitation bond with the Orange County at this notification date. The bond shall only
be released after operations cease and the County- approved rehabilitation plan. The
approved reclamation plan shall be made a part of the permit and the quarry reservoir
shall be used for raw water storage. At the end of quarry operations, the stone quarry
managers shall initiate or otherwise be a party to the completion of the end use plan.
7. The quarry operation shall meet all applicable requirements of a Zero Discharge
Facility as defined by the State of North Carolina.
8. There shall be no storage or use of hazardous materials on the property, with the
exception of motor vehicle fuels.
9. Lighting shall be installed and operated according to the Orange County lighting
standards.
10. The existing property lines may expand beyond the present boundaries, but only to
enhance the 200 foot perimeter buffer, not to expand quarry operations.
11. Any significant change to the approved site plan shall require an amendment to the
Special Use Permit according to Section 8.7 of the Zoning Ordinance.
Objective 7 -3. At the time of end of quarry operations, Orange and Durham Counties
shall enter into a joint development agree to acquire, design, program, develop and
finance a recreational facility on the stone quarry leased and fee simple properties.
Policy. The BOCC shall continue to find appropriate recreational sites for use by local
residents and shall continue to monitor the quarry operation to determine the appropriate
time for development of identified recreational amenities on the site as delineated within
their final action plan on file with the State of North Carolina.
The Task Force finds that specific conditions ought to be adhered to by the existing non-
residential land uses to address off -site impacts and that these conditions ought to be part of the
review and approval process of any change to the zoning classification of these properties.
Goal 8. Each existing non - residential land use should be held to specific development/re-
development criteria if they choose to take advantage of the sanctioned approval process for
becoming conforming land uses.
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NC Highway 57 Speedway Area Small Area Plan
Objective 8 -1. All non - residential development within the Study Area shall balance the
attractiveness of a specific development project with the need to preserve the rural
character of the area.
Policy. The existing non - residential land uses shall not be allowed to expand or intensify
existing activities without explicit public review and approval.
Policy. Allowance should be made for customary accessory uses and activities that do
not exacerbate identified off -site impacts and that are reviewed and approved through a
pre - determined BOCC - authorized process.
Standards. These improvements shall be done within a pre - determined time
period and be designed to bring the property into compliance with existing
County stormwater regulations and other land development standards.
Objective 8 -2. All non - residential development proposals shall evaluate the
appropriateness of the on -site activities with the anticipated impact on existing, and
future, residential land uses within the area.
Policy. (Orange County Speedway) Site - specific conditions imposed on the property
to bring the facility into conformity may include, but not be limited to:
1. Submitting a formal site plan showing the current conditions of the property,
2. A landscape buffer along Bacon Road and NC Highway 57 frontage,
3. A perimeter landscape and conservation buffer /easement,
4. Existing and proposed signage,
5. Parking, internal traffic flow, and emergency vehicle access points,
6. A traffic intersection analysis for access points along Bacon Road and NC
Highway 57,
7. Other access issues,
8. A proactive litter collection system,
9. Noise attenuation during racing events,
10. Limits on racing activities,
11. Outdoor lighting,
12. Impervious cover, and
13. Hazardous materials storage.
Policy. (Go -Kart property) Site - specific conditions imposed on the property to bring
the facility into conformity may include, but not be limited to:
1. Submiting a formal site plan showing the current conditions of the property,
2. Documentation demonstrating compliance with Erosion Control regulation,
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NC Highway 57 Speedway Area Small Area Plan
3. A landscaped buffer along NC Highway 57,
4. A perimeter landscape and conservation buffer /easement,
5. Signage,
6. Parking and travel lanes, and emergency vehicle access points and fire lanes,
7. Lighting,
8. External access,
9. Landscaping,
10. Stormwater detention facilities,
11. Septic drain fields and repair field locations,
12. Well locations,
13. Fuel and material storage facilities,
14. Proactive litter collection,
15. Limits on racing activities,
16. Vehicles noise control,
17. Impervious cover, and
18. Access control,
19. Hazardous materials storage.
PRINCIPLE 4 -- Maintenance of present service levels for existing infrastructure
Another important component to addressing future growth within the Study Area is to require
developers to take into account the infrastructure needs of a proposed development. This
includes water and wastewater needs, traffic impacts, and the generation of off -site impacts.
There is a concern over protecting the viability and sustainability of existing ground water
supplies. Because the area in question is extremely unsuitable, from a geological perspective, to
develop and maintain high yield water wells, any additional development within the area cannot
have a water demand.
Development should not occur within the County without having a comprehensive infrastructure
needs analysis of a specific project. As the County looks to potentially encourage several diverse
types of development within the Study Area, it is important that any new development can
demonstrate that existing land uses will not experience any significant negative secondary effects
from the proposed development, such as water shortages, sewer problems, and an increase in
traffic congestion on local roadways.
It is important to note, from a groundwater supply issue, that the owners of the stone quarry
operation have ,proposed a 100 -acre reservoir on the quarry property after the cessation of
operations. This proposal is part of the existing mining permit on file with the State. The actual
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NC Highway 57 Speedway Area Small Area Plan
make up and distribution of water resources contained within this proposed reservoir, however,
has not been resolved.
The owners have further proposed to use the future reservoir as a raw water source for the City
of Durham's water distribution system. The City of Durham Department of Water Management
is proceeding with engineering design studies on this matter. As a raw water source, the reservoir
may not be a good source of drinking water for the Study Area, but it could possibly be a source
of water for fire suppression systems. Infrastructure management is an important component to
allowing for additional development within the Study Area.
Goal Statement 9. No new development should be allowed that negatively impacts existing
infrastructure (i.e. groundwater, traffic generation, etc) unless an appropriate and viable solution
has been approved by the County to mitigate these conditions..
Objective 9 -1. The BOCC shall not permit any public water distribution or sanitary
sewer collection system to be extended into the Study Area, unless such extension
conforms to the Water and Sewer Management, Planning, and Boundary Agreement
policy.
Policy. Unless the existence of a documented public health hazard presents itself, the
County shall not permit the extension, or development, of public water and sewer service
within the Study Area, as the presence of such services will diminish the rural character
of the community by encouraging more dense development within the area.
Objective 9 -2. Within eighteen (18) months of the adoption of the Small Area Plan, the
BOCC shall adopt new subdivision regulations and zoning ordinance standards, which
prescribe sustainable groundwater use standards and traffic generation intersection
analyses protocols.
Policy. The BOCC should review the viability of developing adequate facility standards
for the Study Area to establish limitations on: water usage, traffic generation, clearing
limits, etc. to ensure existing developments are not adversely affected by new
development proposals
Objective 9 -3. All driveways and intersections shall be evaluated and possibly be re-
configured to provide for a more orderly flow of traffic along the NC Highway 57
corridor as rezonings and development proposals arise.
Policy. The County should work with the NCDOT and local property owners to develop
a coordinated access management plan for NC 57 corridor to mitigate identified traffic
issues and to improve traffic flow.
Objective 9 -4. Within eighteen (18) months of the adoption of the Small Area Plan, the
BOCC shall adopt amendments to the Subdivision Regulations and Zoning Ordinance
addressing parking lot design, circulation and access.
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NC Highway 57 Speedway Area Small Area Plan
Policy. The County shall develop a comprehensive design manual outlining the
acceptable methods of street construction and maintenance for all public and private
streets within the Study Area. This manual shall include standards for parking lot layout,
parking stall orientation and design, and developing curb cuts onto local roadways,
Policy. All future non - residential developments within the Study Area shall utilize
shared driveway cuts, reciprocal easements between separate parking lots, and service
roads to channel access from major thoroughfares to each property.
Standards. Included below is a graphical example of this proposal:
NC Highway 57
Policy. These access management options shall be referenced within the parking lot
design standards of the Zoning Ordinance.
Policy. Parking lot design standards of the Zoning Ordinance shall establish distance
requirements to ensure a set distance between individual curb cuts for all development to
avoid unnecessary congestion along major roadways within the Study Area.
Objective 9 -5. Parking lot design standards of the Zoning Ordinance shall establish a set
minimum distance from curb cuts to property lines and a minimum set distance from each
other on separate properties.
Policy. Joint access is encouraged.
Objective 9 -6. Cable and high -speed Internet lines, and emergency services shall be
available to residents within the Study Area within five (5) years of the adoption of the
Small Area Plan.
Policy. The County shall continue to extend services and infrastructure, such as cable
and high -speed Internet lines, and emergency services, to local residents and property
owners.
Objective 9 -7. When a reservoir is developed on the Hanson Aggregate stone quarry
property according to the approved end use plan, at least forty percent (40 %)of the
ultimate volume of raw water stored in the quarry reservoir shall be allocated to Orange
County as a source of drinking water.
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NC Highway 57 Speedway Area Small Area Plan
Policy. The BOCC shall initiate a dialogue with the quarry operator, the City /County of
Durham, and the State to ensure proper end use of the Hanson Aggregate stone quarry
operations.
37
NC Highway 57 Speedway Area Small Area Plan
Figure 4. NC Highway 57 Speedway Area Small Area Plan.
ft__J]county Boundary EC-5 Zones Watershed Boundary
Parcels Speedway — Streams o ®��
®Stud Area
Rural Economic Y x
®Develo mentArea C.M. Ca my %ann1npan I.Nl1anaNmfteAI
p HS Ma artd bV 8AM Carson FIbMaM 12.2407
The Task Force suggests that the area designated as a REDA within the Study
Area would become a new designation on the Land Use Element map and would
be subject to the recommendations, goals, and policies outlined within this report.
The Hanson Aggregate area will not require modification to the Land Use Element
map, but rather the goals and policies pertaining to its operation could become
conditions of approval for a Special Use Permit Class "A ". Such a permit will be
required for any zoning consistency determination for any future NCDENR
mining permit renewal for the quarry.
NC Highway 57 Speedway Area Small Area Plan
1 11111 DMA I DMAIKII I I I 1
1
Local residents and Task Force members have expressed concerns about following the existing
rezoning and special use permit review and approval process in attempting to address existing, or
future, non - residential developments. Specifically, they are not comfortable with the wholesale
amendment to the existing zoning district regulations that may allow uses they are uncomfortable
with being developed within the Study Area.
This concern comes to focus when new non - residential land uses are proposed. During the initial
community meetings, local residents informed staff that they wanted more scrutiny of proposed
non - residential land uses than was currently afforded under the existing Zoning Ordinance.
Local residents indicated that they believed new uses should be considered on an individual, case
by case, basis rather than by permitting a uniform general list of uses that have been pre-
determined by various advisory board to be acceptable land uses within the Study Area.
Rather than a "by- right" rezoning approval, a proposed use may be allowed as a special .use. A
property owner /applicant for a Special Use Permit must only demonstrate compliance with
existing standards and regulations to justify the issuance of the permit. This process does not
afford enough critical examination of proposed development projects or allow the general public
to identify issues for the County's consideration in reviewing a proposed development plan. In
any case, local residents should enjoy enhanced opportunities for public involvement in
determining the viability of proposed land uses prior to the approval of any permit application.
A. PROPOSED PROCESS
There are several different potential approval processes available for consideration:
A) The creation of a new zoning district,
B) Amendments to the existing Table of Permitted Uses in the Zoning Ordinance allowing
for additional non - residential development in the area subject to the review and approval
of a Special Use Permit, and
C) An overlay zoning district allowing for additional non - residential development in the area
to foster rural economic development activities.
The REDA concept would call for the creation of a new zoning district potentially allowing for
additional non - residential development on properties identified within the Small Area Plan as
being suitable options for such development. This would include the possible development of
additional non - residential land uses on existing commercial properties (i.e. the Orange County
Speedway, go -kart track, etc.). These uses would be reviewed and approved as Conditional
Uses, meaning that applicants would have to request a rezoning, which is a legislative process, to
a predetermined zoning district allowing for certain non - residential developments. The
applicant/property owner is required to demonstrate compliance with existing conditions, or
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NC Highway 57 Speedway Area Small Area Plan
those imposed by the County, prior to commencing earth disturbing activity on a parcel of
property.
The REDA process gives the County greater flexibility in imposing reasonable conditions to
ensure that ancillary off -site impacts are-properly addressed to minimize impacts on surrounding
property owners. Any conditional zoning applications would be subject to valid protest
petitions.
B. CONDITIONAL USES —BACKGROUND
The Zoning Ordinance contains regulations that establish zoning districts and assigns land uses
to one or more of these districts as permitted by right or though the review and issuance of a
Special Use Permit authorizing the land use to be developed on a specific parcel of property. The
ordinance also provides standards for development that regulate lot size, setbacks, parking and
open space.
There are, however, certain unique circumstances that arise when a general zoning district
designation would not be appropriate for a certain property, but a specific use permitted under
the district would be consistent with the policies of this ordinance. The conditional use process
can accommodate these unique situations.
The conditional use process is established to address situations involving a rezoning when a
particular use may be acceptable, but the general classification that would allow that use would
not be acceptable. The conditional use process allows the BOCC to approve a rezoning proposal
for a specific use with reasonable conditions to assure the compatibility of the use with
surrounding properties. Any use permitted under this process must also conform to all other
development regulations outlined within the Zoning Ordinance. This is a voluntary procedure
that is intended for firm development proposals with the review and approval of a site specific
conceptual site plan. It is not intended or suited for securing early zoning for tentative proposals
that may not be undertaken for some time.
Because all re- zonings are legislative decisions, the BOCC, through a public hearing process,
would review such applications, whether for a general or conditional zoning district. Using the
conditional district approach, the BOCC could allow some commercial ventures to occur in the
rural parts of the county, based on the suitability of the use to the particular community.
Re- zonings would be allowed based on the appropriateness of a specific project to a specific
community and based on consistency with the Land Use Element and the any Small Area Plan.
This process would eliminate the problems associated with arbitrary zoning decisions and afford
greater scrutiny of development proposals in rural areas to ensure the appropriateness of a
specific land use.
C. RURAL ECONOMIC DEVELOPMENT AREA (REDA)
A Rural Economic Development Area (REDA) should be created to allow for additional non-
residential development within rural areas of the County and, with specificity to the Study Area,
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NC Highway 57 Speedway Area Small Area Plan
on property that has been identified as being potentially suitable for non - residential development.
Implementation of the REDA concept will require amendments to:
. 1. The Orange County Comprehensive Plan — Land Use Element,
2. The Land Use Element Map,
3. The Zoning Ordinance text, and
4. The Zoning Atlas.
D. CONDITIONAL USE REVIEW CRITERIA
The new zoning district would list potential uses of property for the area and establish
development criteria to allow the County to review the appropriateness of the proposed
development. Specifically, the new district would contain design criteria regulating new uses to
ensure that the goals and policies of the Small Area Plan are adhered to. Some examples of these
goals and policies are as follows:
1. No new non - residential use shall have a water usage greater than that a .of a four - bedroom
residence on a two acre parcel,
2. No new non - residential use shall generate more than one hundred (100) new traffic trips in a
single day,
3. Impervious surfaces shall be limited according to the existing provisions of the Zoning
Ordinance,
4. All uses shall be set back a minimum of forty (40) feet from all property lines,
5. There shall be a perimeter buffer around the property being utilized for a non - residential land
use, and
6. Other performance standards including, but not limited to: noise, hours of operation, lights,
odor, etc.
7. Specific conditions for the quarry, speedway, and go -kart facilities are listed in a previous
section.
8. A time frame for compliance shall include time limits for specific conditions.
E. REVIEW PROCEDURE
Approval of new non - residential development proposals shall adhere to the'following process:
1. A property owner shall make application to the County to develop a parcel of property for a
non - residential land use according to the provisions of the Zoning Ordinance and the REDA
district. This application would include a request to rezone a specific parcel of property to
REDA and include a site specific development plan outlining the proposed development of
the property,
2. The request shall be reviewed as a Conditional Use Application, in the following manner:
41
NC Highway 57 Speedway Area Small Area Plan
a. The BOCC and the Planning Board shall review the application at one of the four
quarterly public hearings held each calendar year. Hearings are open to the public and
comments from local residents and property owners would be encouraged,
b. Local residents and property owners shall be informed of the meeting through publication
of legal ads within local newspapers and through first class mailings from the County
issues to all residents and property owners within five hundred (500) feet from the subject
property,
c. The process would require the review of a site specific development proposal outlining
the actual location of all proposed building and land uses as well as involve a request to
rezone the property to the appropriate district,
d. Through the Conditional Use review process, the BOCC and the Planning Board can
impose additional conditions on a proposed development project to address potential
ancillary impacts generated by the proposed land use,
e. Once the public hearing has occurred, the request shall be forwarded to the Planning
Board and any other necessary advisory boards, such as the EDC, for review and
comment. The Planning Board can recommend approval, approval with conditions, or
denial to the BOCC,
f. The BOCC would then make a final decision concerning the acceptability of the
proposed development based on the testimony of local residents, property owners, the
applicant, and all other individuals who make comments during the review period as well
as the Action Statements and goals of the Small Area Plan,
g. Through the Conditional Permit process, the property owner / applicatant will receive
permission to develop the property according to the approved development plans. Any
alteration or modification of the plans will have to be reviewed by the County in the same
process outlined above,
h. The approval of a development application through this process shall only allow the
property owner /applicant to develop the approved use. No other land use shall be
permitted for development unless it receives approval from the County through the
process outlined above,
i. The use of the property does not go with the land, meaning that if the property is sold the
new property owner shall be required to obtain a Conditional Use Permit from the County
to operate the non - residential land use. The approval of a Conditional Use Permit does
not automatically confer the ability to continue the existing non - residential use to new
property owners,
j. The Conditional Use Permit can be revoked if the County discovers that the property
owner is not abiding by any condition imposed on the permit by the County.
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NC Highway 57 Speedway Area Small Area Plan
SECTION VI. INTERGOVERNMENTAI
COORDINATION
Letters of invitation were sent and phone calls made to representatives of both Person County
and Durham County. Agendas were routinely sent to these County representatives for all
neighborhood and Task Force meetings. Durham County representatives have been active
participants in the discussions. Other Orange County departments involved in the plan
development include the Economic Development Commission staff and Environmental Health
Division of the Orange County Health Department.
North Carolina Department of the Environmental and Natural Resources provided data and
information regarding the air and mining permits.
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NC Highway 57 Speedway Area Small Area Plan
..
NC Highway 57 Speedway Area Small Area Plan
DEW V
•
PROPOSED ORDINANCE TO JOINT QUARTERLY PUBLIC HEARING
August 27, 2007
An Ordinance Amending
The Orange County Zoning Ordinance
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the
Orange County Subdivision Regulations are hereby amended as follows:
Section 1. Add a definition to ARTICLE 22 DEFINITIONS regarding Rural Economic
Development as follows: Rural Economic Development Area is a zoning district created to allow
additional non - residential development within rural areas of the County, specified in the
Comprehensive Plan, on property that has been identified as being potentially suitable for non-
residential development. The zoning district shall be designated first with the under -lying base
zoning (i.e., AR) and then with a REDA to designate that a site - specific conditional use
development plan is part of the rezoning approval.
Section 2. Add a definition to ARTICLE 22 DEFINITIONS regarding Rural Economic
Development as follows: Development plan is a type of plan that becomes part of a conditional
use approval made part of REDA rezoning approval and provides guidance for the preparation of
a site plan.
Section 3. Add a new Section 4.2.26 to ARTICLE 4. ESTABLISHMENT OF PERMITTED
USE TABLE AND SCHEDULE to create a new Conditional Use District as follows:
Section 4.2.26 Conditional Use District. This ordinance contains regulations that establish
zoning districts and assign land uses to one or more of these districts. The ordinance also
provides standards for development that regulate lot size, yards, parking and open space.
There are certain circumstances that arise when a general zoning district designation would not
be appropriate for a certain property, but a conditional use permitted under the district would be
consistent with the objectives of this ordinance. In areas where the Board of County
Commissioners has approved a small area plan there may be opportunities to allow for specific
classifications of non - residential development within the small area plan not normally permitted
with the underlying zoning district.
To accommodate these situations, this Section establishes the Conditional Use (CU) approval
process. The CU approval process addresses those situations involving a rezoning when a
particular use may be acceptable for a given area but the general classification that would allow a
specific use would not be acceptable. This process allows the Board of County Commissioners
to:
1. Approve a rezoning proposal for a specific, defined use,
2. Promote economical and efficient land uses within the rural areas of the County,
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NC Highway 57 Speedway Area Small Area Plan
3. Allow for the imposition of reasonable conditions to minimize off -site impacts and to
assure the compatibility of proposed land uses with surrounding properties,
4. Require a higher level of amenities that are appropriate and harmonious with the area,
Encourage a variety of initiatives designed to encourage developments to incorporate
appropriate smart - growth principles within the physical development and design of a
proposed development to secure an improved living and working environment.
Any use permitted under this CU approval process must also conform to the development
regulations for the corresponding general zoning district as well as any specific development
principle outlined within this Section or required by the Board of County Commissioners. This
is a voluntary procedure that is intended for firm development proposals. It is not intended or
suited for securing early zoning for tentative proposals that may not be undertaken for some
time.
Following Board of County Commissioners approval, the property so zoned will be identified on
the zoning maps by the appropriate parallel CU designation. This designation is the general
zoning district designation plus the letters "CU ".
Section 4. Create a new Section 8.9 SPECIAL AND CONDITIONAL USES as follows:
Section 8.9.1 Types of Conditional Use Districts: For the purposes of this section, there are
two (2) categories of CU as outlined within Article 4. Establishment of Permitted Use Table and
Schedule:
1. Agricultural Services (AS) District, and
2. Rural Economic Development Area (REDA) District.
Section 8.9.2 Application Process
Rezoning petitions to establish a CU shall be submitted to the Zoning Officer and will be
processed according to the procedure for zoning amendments described in Article 2 of the
Zoning Ordinance, as well as the provisions of this Section. A CU classification will only be
considered if the owner of the property, or his/her authorized agent, makes the application. All
applications shall be completed on forms provided by the Orange County Planning Department
Submittal Requirements. In conjunction with a rezoning petition, an applicant shall also be
required to complete and submit an application for development plan approval. A development
plan is submitted so that property owners or their agents may provide more information than
would be found with a normal rezoning petition.. The development plan is voluntarily provided
to ensure:
1. Compatibility with adjacent uses, existing development, and development patterns,
2. Compatibility with the natural resources or environmentally sensitive areas,
3. Existing infrastructure will not be overburdened,
4. Compatibility with the rural nature of the community
NC Highway 57 Speedway Area Small Area Plan
5. Maintenance of the rural lifestyle and culture, and
6. Preservation of identified historic and/or cultural resources.
Further, a development plan is intended to:
7. Acknowledge compliance with all County ordinance requirements and the implications of
the ordinances,
8. Identify the scale and intensity of the proposed development, and
9. Identify commitments greater than that of County ordinances, which will are conditions
of approval.
The development plan shall become a part of the rezoning petition and shall be reviewed
concurrently with the petition. Where there are conflicts between these special provisions and
general zoning, subdivision or other land development regulations, the more exacting regulations
shall apply.
A detailed description of the proposed use including:
a. An outline of the proposed operational characteristics of the proposed development,
b. A detailed water survey outlining the amount of water usage that will be generated by
the proposed land use shall be completed for all CU projects according to applicable
Orange County Health Department — Environmental Health Division requirements or
standards,
c. A detailed traffic intersection analysis at each driveway and nearby public road
intersections shall be completed for all CU projects according . to applicable North
Carolina Department of Transportation (NC DOT) requirements or standards as well
as Article 13. Traffic Impact Study of the Ordinance, and
d. An Environmental Impact Study shall be completed according to Orange County
regulations for all CU projects.
Additional Requirements. It may be necessary to request additional information to evaluate a
proposed use and its relationship to the surrounding area. Therefore, the Planning Board and/or
County Board of Commissioners may request additional information, as they deem necessary to
properly process a CU request.
Site Specific Development Plans. The application for a CU must contain information and/a
development plan, which indicate all of the principal and accessory uses, which are proposed to
be developed on the site. Subsequent to the approval of a CU, only those principal and accessory
uses indicated on the approved development plan may be constructed on the site. Any
substantial modifications to an approved development plan, including any changes in the
permitted principal or accessory uses, must comply with the provisions of this section.
Any site plan required to implement a development plan and required for the submission of
building permits shall:
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1. Be according to the approved development plan.
2. Show the existing topography and proposed grading at the site at contour intervals of not
more than two (2) feet, including existing vegetation, natural features, and floodplains.
3. Include a grading plan showing proposed water runoff and plans for erosion control, both
during and after construction.
4. Show the location, height, ground coverage, floor area, and use of all structures and the
location and areas of open spaces, parking areas and areas dedicated to public use.
5. Show all easements and rights -of -way existing or proposed.
6. Show the location, dimension and grades of all roads, streets and driveways, parking
facilities, points of access to surrounding streets and pedestrian walks and highways.
7. Provide a landscaping and screening plan, showing all manmade features, and the
location, mature size and species of all planting materials.
8. Provide an exterior lighting plan.
9. Show recreational facilities, indicating the location and use of all such land, which will be
dedicated to public use.
10. Include documents indicating the manner in which any land or facility intended for public
or quasi - public use, but not proposed to be in public ownership, will be held, owned and
maintained in perpetuity for the indicated purposes.
1 L Primary vehicular access shall be from a public thoroughfare and shall be designed to
minimize conflict with the flow of traffic, to reduce congestion and avoid potential
hazards for vehicles and pedestrians.
Section 8.9.3 Review and approval.
1. All CU applications shall be reviewed and acted upon as outlined within this section,
2. In considering an application for the establishment of a CU district, the Board of County
Commissioners may attach reasonable and appropriate conditions to the location, nature
and extent of the proposed use. Any conditions should relate to the relationship of the
proposed use to:
a. Surrounding property,
b. The proposed support facilities such as parking, screening and buffer areas,
c. The.timing of development,
d. Architectural review and controls requiring the incorporation of smart- growth initiatives
and,
e. Other matters that the Board of County Commissioners may find appropriate or the
petitioner may propose.
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NC Highway 57 Speedway Area Small Area Plan
3.. The petitioner will have a reasonable opportunity to consider and respond to any such
additional requirements prior to final Board of County Commissioners action. If any
conditions are included as part of the rezoning, the petitioner shall agree in writing to all
applicable conditions within thirty (30) days of the decision. The CU approval will not
be come effective until such written agreement is recorded in the Orange County Register
of Deeds. If the petitioner does not agree to the conditions in writing within thirty (30)
days following the date of the decision, the CU will be deemed null and void.
4. In evaluating an application for the establishment for a conditional use district, it is
appropriate for the County Board of Commissioners to consider the following:
a. The policies and objectives of the Orange County Comprehensive Plan, particularly in
relation to the use, proposed site, and surrounding area;
b. The policies and objectives of any and all adopted Small Area Plans relating to the area;
c. The potential adverse impacts to the surrounding area of, but not limited, to: traffic, storm
water drainage, land values, and compatibility of land use activities.
5. In the review and approval of a CU request, emphasis will be given to evaluation of the
characteristics of the specific use proposed in relationship to surrounding properties. The Board
of County Commissioners may also consider the Permitted and Special Uses allowed under the
underlying zoning classification in determining the appropriateness of the CU proposal.
Section 8.9.4 Effect of Approval.
If an application is approved, then the CU that is established, and all conditions that may have
been attached to the approval, are binding on the property. All subsequent development and use
of the property must be according to approved plan and conditions. The intent of this type of
zoning is to provide an alternative procedure for specific development proposals. It is intended
that all property be rezoned only according to firm plans to develop.
Therefore, three (3) years from the date of approval, the Planning Board will examine
development progress made according to approved plans to determine if active efforts are
proceeding. If the Planning Board determines that active efforts to comply with the approved
development plan are not proceeding, a report will be forwarded to the Board of County
Commissioners, which may determine that action be initiated to remove the CU according to the
amendment procedures outlined in this ordinance.
Within the boundaries of the CU district, the provisions and development standards of this
section shall apply as well as any additional regulations, which the Board of County
Commissioners may make a part of an approved development plan for such district. Any
deviation from or failure to comply with such a requirement shall be considered to be a zoning
violation.
The BOCC may attach a condition of approval limiting the REDA development plan to a
specified duration. The BOCC may attach conditions of approval as will ensure the development
NC Highway 57 Speedway Area Small Area Plan
in its proposed location will not endanger the public health and safety, will not injure the value of
adjacent private property, will be in harmony with the surrounding rural character, and will be in
conformity with the Comprehensive Plan.
Section 8.9.5 Alterations to an approved development plan. Changes to approved plans and
conditions of development will be treated the same as changes to the zoning map and will be
processed as an amendment as provided for in this Ordinance.
Minor changes in the detail of the approved development plan that will:
1. That will not alter the basic relationship of the proposed development to adjacent
property,
2. That will not alter the land uses approved,
3. That will not increase the density or intensity of development,
4. That will not decrease the off - street parking ratio or reduce the yards provided at the
boundary of the site A cumulative increase of more than five percent (5 %), one
thousand (1,000) square feet, whichever is greater,
5. Any change or deletion of a condition of approval,
6. Elimination or reduction of a dedication of right -of -way, greenway, or other public
component, or
7. A significant change in number, location, or configuration of access points to the
property, or significant changes to public road improvements.
The Zoning Officer may approve minor revisions without going through the amendment process.
The Zoning Officer may elect not allow any proposal as a minor change and will, in that event,
forward the detailed revised application for changes through the normal CU approval process.
Section 8.9.6 Issuance of a CU permit. If a petition for a CU is approved, the Board of County
Commissioners will issue a CU permit authorizing the development of the approved use. The
CU permit shall be come effective after being duly recorded with the Orange County Register of
Deeds.
Section 5. This Ordinance shall be effective upon adoption.
Adopted this the day of , 2007, upon motion of Commissioner ,
seconded by Commissioner
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on 2007 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2007.
Clerk to the Board of Commissioners
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Examples of Possible Conditions to Evaluate the Appropriateness of the On -site Activities
with the Anticipated Off -site Impacts.
(Orange County Speedway ) The following are examples of possible conditions, which may be
applicable to the Speedway property:
1. Development of a formal site plan showing the current conditions of the property,
including: existing impervious surface calculations, location of stormwater retention
sites, the location of all structures and their distance from all property lines, the location
of the septic field and repair areas, the location of petroleum storage containers and re-
fueling areas, the location of all existing vegetation and buffer areas, all parking areas
including the internal traffic circulation pattern for the property, and all other required
information outlined within Article 14 of the Zoning Ordinance.
2. Installation of a landscaped buffer along Bacon Road and NC Highway 57 frontage
according to the provisions of Article 12 of the Zoning Ordinance.
3. Establishment of a landscape and conservation buffer /easement along the northern,
southern, and western perimeter of the property.
4. Existing signage comply with Article 9 of the Zoning Ordinance.
5. Provision of properly defined and delineate parking areas, travel lanes, and emergency
vehicle access points /fire lanes.
6. Completion of a traffic intersection analysis for access points, into the facility to
determine need for access improvements.
7. Work with NCDOT, the State Highway Patrol, and County officials to address traffic
management issues, including posting of proper signage on the property directing traffic
to ingress and egress locations.
8. Development of a proactive litter collection system.
9. Installation of a noise attenuation system.
10. Establishment time of day limits on all activities.
11. Retrofit all external lighting fixtures to comply with Orange County lighting standards.
12. Address impervious cover limits.
13. Limit storage of hazardous materials, except for racing fuel and lubricants.
14. Permit expansion of present property area beyond the present boundaries, but only to
enhance perimeter buffering, and not to expand racing operations.
15. If additional/accessory land uses are desired, the property owner shall cause a new site
plan to be created outlining the location and nature of the proposed new land use,
demonstrating compliance with approved conditions and the Zoning Ordinance.
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NC Highway 57 Speedway Area Small Area Plan
16. Orange County and the property owners may jointly develop a schedule to complete the
items listed above.
(Go -Kart property) The following are examples of possible conditions, which may be
applicable to the Go -Kart property:
1. Development of a formal site plan be developed showing the current conditions of the
property, including: existing impervious surface calculations, location of stormwater
retention sites, the location of all structures and their distance from all property lines, the
location of the septic field and repair areas, the location of petroleum storage containers and
re- fueling areas, the location of all existing vegetation and buffer areas, all parking areas
including the internal traffic circulation pattern for the property, and all other required
information outlined within Article 14 Site Plan Approval Procedures of the Zoning
Ordinance,
2. Bring the property into compliance with Erosion Control and Zoning Ordinance
regulation, prior to any additional land disturbing activity on the property.
3. Installation of a landscaped buffer along NC Highway 57 frontage according to the
provisions of Article 12 of the Zoning Ordinance.
4. Establishment of a landscape and conservation buffer /easement along the perimeter of the
property. Where vegetation has already been disturbed, vegetation shall be re- established
according to the provisions of Article 12 of the Zoning Ordinance.
5. Provision of properly defined and delineated parking area, travel lanes, and emergency
vehicle access points /fire lanes.
6. Work with NCDOT, the State Highway Patrol, and County officials to address traffic
management issues, including posting of proper signage on the property to direct traffic to
ingress and egress locations.
7. Development of a proactive litter collection system.
8. Establishment time of day limits on all activities.
9. Establish a functional noise attenuation system for all racing vehicles.
10. Address impervious cover limits.
11. Limit storage of hazardous materials, except for go -kart fuel and lubricants.
12. Permit expansion of present property area beyond the present boundaries, but only to
enhance perimeter buffering, and not to expand racing operations.
13. If additional/accessory land uses are desired, the property owner shall cause a new site
plan to be created outlining the location and nature of the proposed new land use,
demonstrating compliance with approved conditions and the Zoning Ordinance.
14. Installation of perimeter fencing to secure the actively used portions of the property from
trespass.
15. Orange County and the property owners may jointly develop a schedule to complete the
items listed above.
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