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Home My WebLink AboutAgenda - 05-03-1993 - VIII-B 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 3 , 1993 Agenda Abstract Item # SUBJECT: ADVERTISEMENT - MAY 24, 1993 PUBLIC HEARING DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(8) : INFORMATION CONTACT: Proposed Legal Notice Planning Director X2592 Proposed Public Hearing Items PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To consider the legal notice and items for discussion at the quarterly public hearing scheduled for May 24, 1993 . BACKGROUND: The next regular quarterly public hearing is scheduled for May 24, 1993 . The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the May 24, 1993 public hearing include the following: 1. Public School Capital Facilities Fees To help fund school capital needs created by growth in the county, Orange County is considering the adoption of an ordinance establishing a system of capital facilities fees. If the ordinance is adopted, a public school capital facilities fee ranging from $500 to $750 would be collected for each new housing unit constructed. Such fees would not be collected from existing housing units. The proposed system of capital facilities fees to be considered is that applicable to the Orange County School District. 2 . Voluntary Farmland Preservation Ordinance a. Section V.B. - Requirements for Inclusion in A Voluntary Agricultural District 2 The amendment would permit "rounding off" to the nearest whole acre in determining if a farm meets the minimum acreage requirement of 80 contiguous acres. 3 . Historic Preservation Ordinance a. Articles 1, 2, 3, and 4 Minor technical amendments are proposed following review of the ordinance by the State Historic Preservation Office. The changes were recommended as part of the SHPO's review of the County's Certified Local Government application. 4 . Comprehensive Plan Text and Map Amendments a. CP-1-93 Economic Development Activity Node Land Use Plan Category If adopted, the proposed amendments would create and apply a new Land Use Plan Category - Economic Development Activity Node - in three targeted locations: (1) I-85/Buckhorn Road Interchange; (2) I-40/01d NC 86 Interchange; and (3) I-85/US 70 Interchange. Specific sections of the Land Use Element of the Comprehensive Plan proposed for change include the following: Section 3. 3 - Land Use Plan Categories Section 3 .4 - Locational Criteria Section 3 .5 - Land Use Goals and Draft Policies Section 3 .8 - Cheeks Township Section 3 .9 - Hillsborough Township Section 3. 10- Eno Township Section 3 . 12- Chapel Hill Township Section 4 .1 - Overview of Implementation Strategies b. CP-2-93 Louis and Joe Berini The applicants are owners of property on the north side of 1-85 at the Durham County line. They wish to have their property designated as 20-Year Transition in the Land Use Element. The current designation is Rural Residential. 3 C. CP-3-93 Bobby Kirk, Sr. and Jr. The applicants are owners of property located at the intersection of Orange Grove Road and Bradshaw Quarry Road. They wish to have a Rural Neighborhood Activity Node designated at that intersection in the Land Use Element. The current designation is Agricultural-Residential. The proposal constitutes a principal amendment to the Comprehensive Plan. Normally, such applications are only considered at the quarterly public hearing in February of each year. However, upon approval of the Board of Commissioners, such applications may be considered at another quarterly public hearing. The applicants are requesting that their proposal be considered at the May, 1993 hearing. 5. Zoning Atlas (Map) Amendments a. Z-1-93 Economic Development Districts If adopted, the proposed Atlas (Map) amendments would rezone three areas to the ED - Economic Development district zoning classification. The three areas under consideration are those listed in #3 .a. above. b. Z-2-93 Marilyn and Don Liner The applicants are owners of property on the west side of Efland-Cedar Grove Road north of U.S. Highway 70. They wish to have 4. 18 acres rezoned from Residential-1 and Protected Watershed-II to Residential-3 and Protected Watershed-II. 6. Zoning Ordinance Text Amendments a. Economic Development Districts Specific sections of the Zoning Ordinance proposed for change include the following: (1) Article 4. 2. 19 - District Statement of Intent/Application Criteria (Economic Development District) (2) Article 4.3 - Permitted Use Table (3) Article 5.1.2 - Establishment of Dimensional Requirements/Schedule for Non-Residential Development 4 (4) Article 6. 29 - Development Standards for Economic Development Districts (5) Article 7.20 - PD-ED Planned Development-Economic Development District (6) Article 22 - Definitions (Economic Development Activity Node) The proposed amendments provide a revised intent statement and application criteria, a list of permitted uses, development standards, and approval processes. The basic rationale for the amendments is project proposals would obtain necessary approvals from the Planning Staff, provided compliance with all applicable development standards was assured. If a proposal failed to comply, approval could only be obtained through the Planned Development process (public hearing and Board of Commissioners approval) . b. Nursing Homes Amendments are proposed to Articles 4, 8, 10, and 22 to establish a new land use categoi-y, appropriate development standards, and a definition for nursing home facilities for more than 15 residents. c. Site Plan Approval/Zoning Compliance Permit Amendments are proposed to Articles 14 and 21 to add language that site plan approval and issuance of a zoning compliance permit does not establish a vested right to develop property later after zoning regulations have changed. d. Impervious Surface Standards Amendments are proposed to Articles 6 and 8 to permit impervious surface ratios in protected watersheds to be met by providing conservation easements on adjoining property or through the use of engineered stormwater controls (wet detention basins) . Approval of the notice will permit advertisement on May 7 and 14, 1993 as required the N.C. General Statutes. The amendments to the Comprehensive Plan and Zoning Atlas will require notification of individual property owners. The notices must be mailed on or before May 7, 1993 . 5 The Planning Board considered the proposed ordinance text amendments (Items #5b and #5c) at its April 13 , 1993 meeting and recommended that they be presented at the May 24, 1993 public hearing for citizen comment. The Planning Board Ordinance Review Committee will consider Item #5d prior to the Commissioners' May 3 meeting. The Committee's recommendation will be presented at that time. At the Board's direction, the public hearing advertisement for the public school capital facilities fee proposal has been drafted to reflect a fee range of $500 to $750. The proposal is based on a flat fee per dwelling unit, regardless of dwelling type or number of bedrooms. If the Board so chooses, alternate fee schedules can be prepared by staff and presented at the hearing which provide for a sliding scale of fees based on dwelling type and/or number of bedrooms. Given the number of proposals to be considered, the Board may wish to consider the following options: 1. Start the public hearing as scheduled (7: 30 P.M. • on May 24) but carry over items as needed to tie following night (May 25) , depending upon the time required to hear all items; or 2 . Set two separate public hearings, one on May 24 and the other on May 25. As one option, the Economic Development District proposals as well as applications submitted by citizens could be heard on May 24, while the remaining items could be considered on May 25. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for May 24, 1993. Changes to the Notice will be made by staff to reflect the Board's decision regarding a sliding scale of public school capital facilities fees and hearing schedule (separate vs. continuation) . ORANGE COUNTY PLANNING DEPARTMENT 6 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ' ''''",:rN 1) 12Auity , .2, , k,- ._. , , _,/ NOTICE OF PUBLIC HEARING ON PROPOSED PUBLIC SCHOOL CAPITAL FACILITIES FEES AND PROPOSED AMENDMENTS TO THE VOLUNTARY FARMLAND PRESERVATION ORDINANCE, HISTORIC PRESERVATION ORDINANCE, COMPREHENSIVE PLAN, ZONING ATLAS, AND ZONING ORDINANCE FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Sections 323, 340, and 343 ; Title VI, Chapter 460, of the 1987 Session Laws; Chapter 460 of the 1991 Session Laws; and Articles 2 . 2, 20.5, and 20.6 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New) , 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, May 24, 1993, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: PUBLIC SCHOOL CAPITAL FACILITIES FEES To help fund school capital needs created by growth in the county, Orange County is considering the adoption of an ordinance establishing a system of capital facilities fees. If the ordinance is adopted, a public school capital facilities fee would be collected for each new housing unit constructed. Such fees would not be collected from existing housing units. The proposal under consideration involves capital facilities fees for the Orange County School District. The amount of the fee under consideration ranges from $500 to $750 per housing unit. Funds raised through capital facilities fees would pay only a portion of the total school capital costs, and the level at which capital facilities fees are set will be dependent upon the amount of total capital costs to be financed from such fees. The methodology for derivation of the public school capital facilities fees, as well as various options available for financing school capital needs with such fees, is contained in a report available for public inspection in the Planning & Inspections Department. The address and phone numbers for the department are listed below. 7 VOLUNTARY FARMLAND PRESERVATION ORDINANCE The proposed amendment to the Voluntary Farmland Preservation Ordinance is as follows: 1. Requirements for Inclusion - Voluntary Agricultural District Under the proposal, Section V-B-1 would be amended to permit "rounding off" to the nearest whole acre in determining if a farm meets the minimum acreage requirement of 80 contiguous acres. HISTORIC PRESERVATION ORDINANCE The proposed amendments to the Historic Preservation Ordinance involve Articles 1-4. Technical changes are proposed following review of the Ordinance by the State Historic Preservation Office. Article 1 would be amended to require that all members of the Historic Preservation Commission demonstrate special interest, experience or education in fields related to historic preservation. Articles 2 and 3 would be amended to state that the Historic Preservation Commission is responsible for investigating and preparing reports on historic districts and historic landmarks. Article 4 would be amended to make the Ordinance consistent with N.C. General Statutes regarding the delay of demolition of landmarks and buildings in historic districts. COMPREHENSIVE PLAN AMENDMENTS The proposed amendments to the Land Use Element of the Orange County Comprehensive Plan are as follows: 1. CP-1-93 Economic Development Districts a. Amend Section 3.3 - Land Use Plan Categories by changing the table of basic and detailed land use categories to include a new land use plan category entitled "Economic Development Activity Node" . An Economic Development Activity Node would include land in Rural and Transition areas of the County which has been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. b. Amend Section 3 .4 - Locational Criteria by adding criteria by which to evaluate the location of Economic Development Activity Nodes (Rural and Transition) . These criteria include land slope, hydrology, flora and fauna, soil conditions, public services/utilities, transportation systems, energy use, existing land use, agriculture and forestry, population density, and historic and cultural resources. 8 c. Amend Section 3 . 5 - Land Use Goals and Draft Policies, Goal Six, to: (1) Include the following Economic Development (Transition) Activity Node locations; I-40/01d NC 86 (HB-5) ; I-85/Buckhorn (CK-5) ; and I-85/US 70 (ENO-2) ; and (2) Delete the Eno (ENO-2) Commercial-Industrial Activity Node. d. Amend Section 3 .8 - Cheeks Township Plan (Text and Map) by adding a new Economic Development Activity Node, I-85/Buckhorn (CK-5) . The node is located on the northeast corner of 1-85/1-40 and Buckhorn Road. The node extends from 1-85/1-40 to and across the Southern Railroad to U.S. Highway 70. The current Land Use Element designations for the area are 10-Year Transition and Commercial-Industrial Activity Node. The proposed designations are 10-Year Transition and Economic Development Activity Node. e. Amend Section 3.9 - Hillsborough Township Plan (Text 4nd Map) by adding a new Economic Development Activity Mode, I-40/01d NC 86 (HB-5) . The node is located generally at the intersection of 1-40 and Old N.C. 86 (South Churton Street Extension) and extends in a northeast direction to the Southern Railroad. The current Land Use Element designations for the area are 10 and 20-Year Transition and Rural Residential. The proposed designations are 10 and 20-Year Transition and Economic Development Activity Node. f. Amend Section 3 . 10 - Eno Township Plan (Text and Map) by adding a new Economic Development Activity Node, I-85/US 70 (ENO-2) . The node is located generally at the intersection of 1-85 and U.S. Highway 70 and includes areas located in the vicinity of the Southern Railroad and Mount Herman Church Road on the south, and 1-85 and U.S. Highway 70 on the north. The current Land Use Element designations for the area are 20-Year Transition, and Commercial and Commercial-Industrial Activity Node. The proposed designations are 20-Year Transition and Economic Development Activity Node. g. Amend Section 4 . 1 - Overview of Implementation Strategies by adding an "Economic Development Activity Node" row to the "Land Use Element Categories-Zoning District Matrix" and making the applicable zoning district, Economic Development District. The subsection, "Zoning Ordinance", would also be amended (as follows) to add a description of the "Economic Development Activity Node" category. The subsection, "Economic Development Plan", would also be amended to include references to the creation of the Economic Development Commission and the preparation of a Strategic Plan for Economic Development. 9 2. CP-2-93 Louis and Joe Berini The property in question is located at the end of Howe Street on the north side of 1-85 at the Durham-Orange County line. The property contains 11.9 acres and is specifically described as Lot 54 of Tax Map 25 in Eno Township. The property is bounded by 1-85 on the south, Howe Street on the east, and the Eno River State Park on the west and north. The property is currently occupied by the Carolina Mobile Home Park and is zoned R-1 Residential. The property is being considered for re-designation in the Eno Township component of the Land Use Element of the Comprehensive Plan from Rural Residential to 20-Year Transition. Areas designated for 20-Year Transition are projected for change from rural to urban use and are suitable for urban-type densities, and public utilities and services. 3. CP-3-93 Bobby Kirk, Sr. and Jr. The property in question is located at the intersection of Orange Grove Road and Bradshaw Quarry Road in Bingham Township. The area proposed for amendment consists of a 1/4- mile radius around the intersection, specifically described, as all of part of Lots 3, 4, 5, 8A, 8E, 9, 9A, 9E, 9F, 9H, 12,. 12C, 19, and 22 of Tax Map 11 In Bingham Township. The property is located in the Cane Creek watershed and is currently used for agricultural and forestry purposes. The property is currently zoned AR Agricultural-Residential and PW-II Protected Watershed-II. The property is being considered for re-designation in the Bingham Township component of the Land Use Element of the Comprehensive Plan from Agricultural-Residential and Protected Watershed to Rural Neighborhood Activity Node and Protected Watershed. Areas designated as Rural Neighborhood Activity Nodes are located in rural areas at intersections of collector or arterial roads, and are suitable for small-scale commercial and service uses. ZONING ATLAS AMENDMENTS The proposed amendments to the Orange County Zoning Atlas are as follows: 1. Z-1-93 Economic Development Districts The following amendments to the Orange County Zoning Atlas are for the purpose of applying Economic Development District zoning designations to properties which would have the designation of Economic Development Activity Node in the Land Use Element of the Comprehensive Plan. Areas affected by the proposed changes are as follows: 10 a. Cheeks Township - I-85/Buckhorn Road. The area proposed for rezoning is located on the northeast corner of 1-85/1-40 and Buckhorn Road. The area extends from 1-85/1-40 to and across the Southern Railroad to U.S. Highway 70. The current base zoning district designations for the area are EC-5 Existing Commercial-5, I-1 Light Industrial, 0I-Office and Institutional, and R-1 Rural Residential. The proposed zoning district designation is ED - Economic Development District. b. Hillsborough Township - I-40/01d NC 86 The area proposed for rezoning is located generally at the intersection of 1-40 and Old N.C. 86 (South Churton Street Extension) and extends in a northeast direction to the Southern Railroad. The current base zoning district designations for the area are AR - Agricultural- Residential and R-1 Rural Residential. The proposed zoning district designation is ED - Economic Development District. c. Eno Township - I-85/US 70 The area proposed for rezoning is located generally at- the intersection of I-85 ,and U.S. Highway 70 and includes areas located in the vicinity of the Southern Railroad and Mount Herman Church Road on the south, and 1-85 and U.S. Highway 70 on the north. The current base zoning district designations for the area are R-1 Rural Residential, EC-5 Existing Commercial-5, CC-3 Community Commercial-3, and GC-4 General Commercial-4 . The proposed zoning district designation is ED - Economic Development District. 2. Z-4-93 David and Marilyn Liner The property in question is located on the west side of Efland-Cedar Grove Road (SR 1004) on the south side of McGowan's Creek. The parcel is approximately 650 feet north of U.S. Highway 70 in Efland and contains 4. 18 acres. The property is specifically described as Lot 33 , Block A, of Tax Map 31 in Cheeks Township. The property fronts on Efland-Cedar Grove Road for a distance of 517.71 feet and has an average depth of 357 feet. The current zoning designation of the property is R-1 Residential with an overlay district of Protected Watershed- II. The proposed zoning designation is R-3 Residential and Protected Watershed-II. ZONING ORDINANCE TEXT AMENDMENTS The proposed amendments to the Orange County Zoning Ordinance are as follows: 11 1. Economic Development Districts a. Amend Article 4 .2 .19 - District Statements of Intent and Application Criteria [Economic Development (ED) District) by revising the statement of intent and criteria applicable to the Economic Development District. b. Amend Article 4 . 3 - Table of Permitted Uses by deleting the existing list of permitted uses and providing a notation that development projects may include those permitted uses contained in Article 6. 29 of the Zoning Ordinance. c. Amend Article 5. 1.2 - Establishment of Dimensional Requirements (Schedule for Non-Residential Development) by deleting the existing standards and providing a notation that development projects are subject to the design standards contained in Article 6. 29 of the Zoning Ordinance. d. Amend Article 6 by adding a new Article 6.29 - Development Standards for Economic Development (ED) Districts to establish a set of land use intensity ratios and design guidelines with which all projects in an Economic Development District must comply. Failure to comply with the standards will require that an applicant apply for and obtain approval as a Planned Development if the project is to proceed. e. Amend Article 7 by revising Article 7.2 . 1 to include the PD-ED Planned Development-Economic Development District as a permitted Planned Development District. f. Amend Article 7 by adding a new Article 7 .21 - PD-ED Planned Development-Economic Development District by adding procedures by which an applicant must apply for and obtain approval as a Planned Development-Economic Development District. g. Amend Article 22 - Definitions by adding a definition of "Economic Development Activity Node" . 2. Nursing Homes The proposed amendments to Articles 4, 8, 10, and 22 would establish a new permitted use category and appropriate development standards for nursing home facilities for more than 15 residents. Article 4 would be amended to add a new permitted use category, H8a Nursing Homes, allowed upon approval of a Class A Special Use Permit in all residential zoning districts (RB, AR, and R1-R13) as well as all commercial and office districts (LC1, NC2, CC3 , GC4, EC5, and 0I) . Article 8 would be revised to include standards for evaluation of applications for Special Use Permits involving nursing 12 homes. The proposed change to Article 10 would add a standard for the number of off-street parking spaces required. Article 22 would be amended to revise the current definitions of "nursing home" and "rehabilitative care facility. " 3. Site Plan Approval/Zoning Compliance Permit The proposed amendments to Article 14 and 21 would add language to clearly explain that site plan approval and a zoning compliance permit do not establish a vested right to develop property should zoning regulations change at a later date. 4. Impervious Surface Standards The proposed amendments to Articles 6 and 8 would permit impervious surface ratios in protected watersheds to be met by providing conservation easements on adjoining property or through the use of engineered stormwater controls (wet detention basins) . In either case, a Class A Special Use Permit must be approved by the Board of Commissioners before project construction could be initiated. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections, and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. , Monday through Friday. You may also call 732-8181 (Hillsborough) , 688-7331 (Durham) or 967-9251 (Chapel Hill-Carrboro) . Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: May 7, 1993 May 14, 1993 13 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Voluntary Farmland Preservation Ordinance REFERENCE: Section V.B. l. ORIGIN OF AMENDMENT: _X_Staff Planning Board BOCC Citizen STAFF PRIORITY RECOMMENDATION: _X_High middle Low PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT: To clarify that "rounding off" is permitted in determining the minimum farm size required for participation in the voluntary agricultural districts program [80 acres] . IMPACTS/ISSUES: On September 22, 1992, the Voluntary Farmland Preservation Program Ordinance was amended by the Board of Commissioners, reducing minimum farm size required for participation in the voluntary agricultural districts program from 155 to 80 acres. On March 8, 1993, the Board of Commissioners designated the property of John Frank Morris as a voluntary agricultural district. The property consisted of 79,75 acres or 80 acres rounded off. The County Attorney suggested that an amendment to the Voluntary Farmland Preservation Ordinance be prepared which clarified that "rounding off" was permissible in determining whether or not a tract qualified for district designation. EXISTING ORDINANCE PROVISIONS: Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS B. REQUIREMENTS FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT 1. An agricultural district shall initially consist of: a. At least 80 contiguous acres of certified qualifying farmland; or b. At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than 80 acres. In addition, small tracts or lots, when surrounded by or adjacent to certified qualifying farms, may be added to 14 and thereby included in an existing or proposed voluntary agricultural district. PROPOSED ORDINANCE PROVISIONS: Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS B. REQUIREMENTS FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT 1. An agricultural district shall initially consist of: a. At least 80 contiguous acres [rounded to the nearest whole acre] of certified qualifying farmland; or b. At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than 80 acres [rounded to the nearest whole acre] . In addition, small tracts or lots, when surrounded by or adjacent to certified qualifying farms, may be added to and thereby included in an existing or proposed voluntary agricultural district. ' *********************************** AGRICULTURAL DISTRICTS ADVISORY BOARD REVIEW: 4/21/93 - The Agricultural Districts Advisory Board voted unanimously to recommend approval of the proposed ordinance amendment. BOARD OF COMMISSIONERS REVIEW: May 3, 1993 PUBLIC HEARING: May 24, 1993 BOARD OF COMMISSIONERS DECISION: 15 PROPOSED ORDINANCE AMENDMENT REFERENCE: HISTORIC PRESERVATION ORDINANCE ARTICLE 1.2 Qualifications ARTICLE 2 .2 Preparation of Designation Report (Historic Districts) ARTICLE 3.3 Preparation of Designation Report (Historic Landmarks) ARTICLE 4 .9 Delay in Demolition of Landmarks and Buildings within Historic Districts ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public X Other: State Historic Preservation Office EXPECTED PUBLIC HEARING DATE: May 24, 1993 Purpose of Amendment: The amendments proposed are technical in nature and will insure compliance with the State's requirements for Certified Local Governments. Impacts/Issues: In January 1993, Orange County submitted to thg State Historic Preservation Office its application for Certified Local Government status. As part of the application, the County's Historic Preservation Ordinance was reviewed by the Survey and Planning Branch of the State Historic Preservation Office (SHPO) . The Preservation Planner recommended some technical changes to the ordinance to insure compliance with the State and federal requirements for certification. Similar technical amendments were recommended for the Historic Preservation Commission's Rules of Procedure to provide consistency with the ordinance. EXISTING AND PROPOSED ORDINANCE TEXT: [proposed text underlined] Article 1. Historic Preservation Commission Section 1.2 Qualifications Each member will reside within the territorial jurisdiction of Orange County. In addition, a majority of the all members of the Commission shall have demonstrated special interest, experience or education in history, architecture, landscape architecture, archaeology or related fields. Article 2. Procedures for Establishing Historic Districts Section 2.2 Preparation of Designation Report 16 If, upon completion of the inventory and the notification of property owners, a property owner or property owners, the Commission or the Board of Commissioners wishes to recommend the designation of a historic district or districts, the Planning and Inopcctiono Dcpartmcnt Historic Preservation Commission shall make or cause to be made an investigation and report which includes the following: 6. Proposed design review principles and guidelines governing new construction and exterior changes to buildings, structures, and appurtenant features within the historic district. Article 3. Procedures for Designating Historic Landmarks Section 3.3 Preparation of Designation Report The Planning and Inopcctiono Dcpartmcnt Historic Preservation Commission shall, within 30 days of the receipt of an application, make or cause to be made an investigation and report on the historic, architectural, archaeological or cultural significance of the building, structure, site, area or object proposed for designation. zr; Article 4. Certificate of Appropriateness Section 4.9 Delay in Demolition of Landmarks and Buildings within Historic Districts 1 . An application for a Certificate of Appropriateness authorizing the demolition or destruction of a designated landmark or a building, structure or site within a historic district may not be denied except as provided in Subsection 3 below. However, the effective date of such a Certificate may be delayed for up to 444 365 days from the date of approval. HISTORIC PRESERVATION COMMISSION: 2/24/93 and 4/28/93 ORDINANCE REVIEW COMMITTEE: 4/5/93 BOCC: 17 PROPOSED ORDINANCE/PLAN AMENDMENT ORDINANCE/PLAN: Land Use Element - Comprehensive Plan REFERENCE: Section 3 . 3 - Land Use Plan Categories Section 3 . 4 - Locational Criteria Section 3 . 5 - Land Use Goals and Draft Policies Section 3 . 8 - Cheeks Township Section 3 . 9 - Hillsborough Township Section 3 . 10- Eno Township Section 3 . 12- Chapel Hill Township Section 4 . 1 - Overview of Implementation Strategies ORIGIN OF AMENDMENT: _X_Staff _X_Planning Board X BOCC Citizen _X_Other:_Economic Development_C-Oimission STAFF PRIORITY RECOMMENDATION: _X_High Middle Low PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT To revise the Land Use Element of the Comprehensive Plan to implement PB/EDC Work Group recommendations concerning the development of an "economic development district" with acceptable performance standards and streamlined approval procedures. Associated with the proposed changes to the Land Use Element are corresponding changes to the Zoning Ordinance. Proposed changes to the Zoning Ordinance have been addressed on a separate Ordinance/Plan Amendment Form. IMPACTS/ISSUES As one of its FY 1990-91 goals, the Board of Commissioners asked that specific parcels be identified for pre-zoning for economic development purposes in a manner consistent with the Orange County Land Use Plan. In October, 1990, the Economic Development Commission (EDC) and Planning Board (PB) adopted an agreement which included the following objectives: 1. Identify appropriate locational criteria, land use categories, and zoning designations to promote business; and 2 . Develop performance standards and project size thresholds which measure the impact of land development. In December, 1990, the EDC Target Advisory Group completed a report identifying preferred locations and types of businesses for Orange County. Consistent with the recommendations of the Target Advisory Group, three areas were identified by the Planning Board/EDC Work Group as focal points for its efforts. They included: 1. The northeast quadrant of the I-85/Buckhorn Road Interchange; 2 . The I-40/01d NC 86 Interchange; and 18 3 . The I-85/US Highway 70 Interchange. Using construction cost data supplied by an area contractor and a spreadsheet template to evaluate the economic feasibility of development scenarios, the PB/EDC Work Group identified the preferred distribution of land uses for the selected target areas. Land uses considered appropriate for such areas included light industrial, distribution, flex space, office, and service/retail categories. Rather than limit itself to traditional techniques, the PB/EDC Work Group decided to evaluate other methods of controlling land use intensity. Among the techniques were those promoted by performance zoning advocates. To help the PB/EDC Work Group understand the application of the standards, the staff conducted detailed analyses of selected business sites to illustrate the relationship between development character and intensity standards. All of the work completed by the PB/EDC Work Group led to the formulation of a more definitive goal; i.e. , to develop an "economic development district" proposal with acceptable performance standards and streamlined approval procedures. The concept of an economic development district is not new. The zoning district designation currently exists in the Zoning Ordinance, and the purpose of the district is "to provide locations for a wide range of low intensity industrial, institutional, office, and research use with no adverse impacts beyond the space occupied by the use. " While such districts are currently associated with the Land Use Plan designations of "Industrial" and "Commercial-Industrial" Activity Node, and designated in close association with interstate highways, some changes to the Land Use Element are required to "target" economic development districts at specific locations. Thus, a new land use category entitled "Economic Development Activity Node" is proposed, along with the addition of appropriate location criteria. A second proposal involves the actual application of the category through changes to the Land Use Plan (Map) , including Township Plans. Finally, changes to the Land Use Element-Zoning District Matrix, and applicable goals and policies are proposed to insure consistency between the Land Use Element and the Zoning Ordinance. EXISTING ORDINANCE/PLAN PROVISIONS Copies of the following applicable sections of the Land Use Element have been provided as attachments. Section 3 .3 - Land Use Plan Categories Section 3 .5 - Land Use Goals and Draft Policies Section 3 .8 - Cheeks Township Section 3. 9 - Hillsborough Township Section 3 . 10- Eno Township Section 3 . 12- Chapel Hill Township Section 4 . 1 - Overview of Implementation Strategies 19 PROPOSED ORDINANCE/PLAN PROVISIONS The proposed changes and/or additions to the Land Use Element of the Comprehensive Plan are listed below (new wording in boldface; old wording in str4kethretgh) . Revisions proposed as a result of public information meetings and Planning Board/EDC Work Group review are highlighted in italics. 1. Amend Section 3 . 3 - Land Use Plan Categories by changing the table of basic and detailed land use categories to read as follows: BASIC CATEGORY ORANGE COUNTY LAND USE PLAN CATEGORIES DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION 10-Year Transition 20-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activity Node Economic Development (Transition) - Ac,tivity Node COMMUNITY Rural Community Activity Node RURAL Rural Buffer Rural Residential Agricultural-Residential Rural Neighborhood Activity Node Rural Industrial Activity Node Agricultural Areas CONSERVATION Public Interest Area Water Supply Watershed Water Quality Critical Area Resource Protection Area New Hope Creek Corridor Open Space In addition, amend the table of Land Use Plan Category Descriptions to include a new category entitled "Economic Development Activity Node" to read as follows: ECONOMIC DEVELOPMENT ACTIVITY NODE: Land in Transition areas of the County which has been specifically targeted for economic development activity consisting of light industrial, distribution, office, service/retail uses, and flex space (Typically one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accomodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations.) . Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. 20 2 . Amend Section 3 . 4 - Locational Criteria by adding criteria by which to evaluate the location of Economic Development Activity Nodes [Transition] . PLAN CATEGORY: ECONOMIC DEVELOPMENT ACTIVITY NODES [TRANSITION AREAS] Land Slope: Located in areas with slopes of less than 15% grade. Where slopes of 15% or greater are present, protection can be provided through proper site design and construction practices. Hydrology: Located outside of areas where 100-year flood-prone areas and wetlands are present. Where flood-prone areas and wetlands exist, protection can be provided through proper site design and construction practices. Flora and Fauna: Located in areas where detrimental development impacts on local, State or federally-acknowledged unique or endangered species, and wildlife habitats and corridors can be protected through proper site design and construction practices. Soil Conditions: Located in areas where general soil conditions are suitable for development because of good drainage characteristics and load-bearing capacity for development. Public Services/Utilities: Located generally in areas which are or could be reasonably and effectively served by public services and facilities. When located in areas where such services and facilities are not present or planned, general soil conditions must be suitable for on-site sewage disposal systems. Transportation System: Located in areas adjacent to interstate and major arterial highways, particularly those with the potential for providing access to public transit facilities. Energy Use: Located within 10 minutes commuting time from an Urban area and designed so that business uses provided within developments limit the number of short distance commutes for goods and services. Existing Land Use: Located in designated Ten or Twenty-Year Transition Areas. Agriculture and Forestry: Located away from areas where development would have a detrimental impact upon productive agricultural uses and managed forest land, and/or where the existing landscape character can be maintained through proper site design and construction practices. Population Density: Located in areas with, or planned for, moderate to high population densities. Historic and Cultural: Located in areas where detrimental development impacts on local, State or federally-acknowledged 21 historic, cultural and/or archaeological sites, or County- designated Public Interest Areas does not exist or can be mitigated through proper site design and construction practices. 3 . Amend Section 3 .5 - Land Use Goals and Draft Policies, Goal Six, to include the following: 6.11 The following Economic Development (Transition) Activity Nodes have been designated: I-40/01d NC 86 (HB-5) ; I-85/Buckhorn (CK-5) ; and I-85/US 70 (ENO-2) . And revise the following (wording to be deleted shown in strike- threagh; new wording shown in boldface) : 6.7 The following areas in the County are identified as appropriate for industrial uses and have been designated as Commercial-Industrial Nodes: Efland Center (CK-1) ; Miles North (CK-2) ; Miles South (CK-3) ; Ene-fENe-B}; and Harmon Young (HB-4) . 6.9 The following Rural Neighborhood Activity Nodes have been designated: Toler's Store (CG-3) ; Villine's Store (LR-3) ; Walnut Grove (CG-5) ; Underwood's Store (LR-3) ; Fairfield (CK-4) ; Coleman Loop (HB-1) ; Law's Store (ENO-1) ; Adam and Eve (BH-i) ; Oak Grove (BH-3) ; and Calvander feH91-6} and Blackwood Station feHT-fl- as part of the Orange County-Chapel Hill-Carrboro Joint Planning Area Land Use Plan. 4 . Amend Section 3 .8 - Cheeks Township Plan by increasing the number of activity nodes from four to five and adding a description of the new activity node, CK-5, to read as follows: REFERENCE: CK-5 (I-85/Buckhorn) LOCATION: 1-85 and I-40, Buckhorn Road (SR 1114) , and U.S. 70 PLAN CATEGORY: Economic Development (Transition) Activity Node ANALYSIS AND EVALUATION: This node is located at the intersection of an interstate highway and collector road. Access is also available from a major arterial road. Major non-residential land uses in the area include Hancor Products and the Orange-Alamance Water System office and water tank. Scattered residential development is also present, particularly along Buckhorn Road and just south of the Southern Railroad. The tract includes the Southern Railroad and is crossed by a gas pipeline as well as a Duke Power Transmission line. The area is on the western edge of the Upper Eno River watershed and contains gently rolling topography. Intermittent streams which cross the property flow south to join Sevenmile Creek. Soils not suitable for development are found along the streams. The area is presently served by a central water system (Orange- Alamance) , and future sewer line extensions are possible from the Efland sewer system. Since the area is located in a water supply 22 watershed, new development will have the option of limiting the amount of impervious surface (buildings, parking, etc. ) or installing wet detention basins for stormwater control. New development must also comply with performance standards established specifically for Economic Development Activity Nodes. Access to the site is best provided by-way-of a service road extending from Buckhorn Road to Redman Road (SR 1311) . The western portion of the area nearest to Buckhorn Road is best suited for service/retail land uses, while the remainder is appropriate for a mix of light industrial, distribution, flex space, and office uses. 5. Amend Section 3 .9 - Hillsborough Township Plan by increasing the number of activity nodes from four to five and adding a description of the new activity node, HB-5, to read as follows: REFERENCE: HB-5 (I-40/Old N.C. 86) LOCATION: I-40/01d N.C. 86 (South Churton Street Extension) PLAN CATEGORY: Economic Development (Transition) Activity Node ANALYSIS AND EVALUATION: This node is located at the intersection of an interstate highway and a minor arterial road which serves as a major entranceway to Hillsborough. The node extends southwest from the Southern Railroad and includes the Interstate-40/01d. 86 interchange. In the area along Old 86 and 1-40, there are some moderate to steep slopes and soils which may restrict but not prohibit development. Most of the area includes slopes over 7.5 percent. Slopes over 15 percent are generally found along drainageways. Soils unsuitable for development are fairly common throughout the southwestern portion of the area. Some soil categories are restricted due to slope, while others present limitations due to wetness or low strength. Cates Creek and its tributaries flow through the site southwest to northeast. The floodplain along Cates Creek could serve to separate uses but should not be a considerable restriction on development. A significant area of bottomland forest has also been identified in proximity to Cates Creek in the Inventory of the Natural Areas and Wildlife Habitats of Orange County (Site E07) . Another significant cultural resource to be recognized and protected during development is the remains of the "New Chapel Hill Road", as shown on a survey by George Tate in 1891. These areas should be preserved as open space or buffer areas through proper site design and construction practices. With the exception of a low-density subdivision, Stagecoach Run, accessed from N.C. 86, there would be no significant disruption of areas with a residential character. Additional development has been planned, however, to avoid adverse impacts on neighboring residential communities. Moderate-density residential and low intensity office development has been located and/or natural vegetative buffers retained to "screen" existing neighborhoods from 23 more intensive uses. Because the I-40/Old N.C. 86 interchange serves as a major access point to Hillsborough, the retention of vegetative buffers along Old N.C. 86 could also preserve the character of that entranceway. Without improvement, the ability of Old N.C. 86 to handle additional traffic may hinder some development. Furthermore, the potential for vehicular access to Old N.C. 86 is limited from within the site. Nevertheless, the existence of nearby public water and sewer services, and direct access to the interstate system makes the node desirable for new development, including light industrial, distribution, flex space, office, and service/retail uses. The existence of the interstate system and rail service also adds to the potential of the node as part of a regional transit system. 6. Amend Section 3 . 10 - Eno Township Plan by revising the description of activity node ENO-2 to read as follows: REFERENCE: ENO-2 {Erie} (I-85/U.S. 70) LOCATION: I-85 and U.S. 70 PLAN CATEGORY: eemmereia+-Industrial-Transition Economic Development (Transition) Activity Node ANALYSIS AND EVALUATION: This node is located at the intersection of an interstate highway and a major arterial road, and includes a two-mile stretch along U.S. Highway 70. The area is also serviced by a spur of the Southern Railroad. The entire area is located in the Lower Eno River watershed, with Rhodes Creek and other tributaries flowing north through the area toward the Eno River. Floodplains on Rhodes Creek could be a somewhat restrictive for development. Soils unsuitable for development are located primarily along the streams. Slopes between 7.5 and 15 percent are scattered throughout the area, however, the majority of the area slopes are less than 7.5 percent. Slopes over 15 percent are concentrated along the drainageways. Existing land uses range from adjacent mobile home parks to a variety of service and commercial uses. Therefore, appropriate infill development is projected for this area. New commercial and industrial uses should be generally confined to the areas south of U.S. 70 and I-85 in order to reduce negative impacts on the Eno River State Park. Access along U.S. 70 may be difficult in areas of moderate or steep slopes, however, the widening of I-85 and the associated redesign of the interchange will provide greater access to adjoining properties. Moderate-density residential and low intensity office development has been located and/or natural vegetative buffers retained to "screen" existing neighborhoods from more intensive uses. 24 7 . Amend Section 3 . 12 - Chapel Hill Township Plan by revising the last paragraph in the subsection, Distribution of Land Use Plan Categories, to read as follows: There are no activity nodes in Chapel Hill Township north of the JPA. An Twe-commereiai-industrial-transition-nodes Economic Development (Transition) Activity Nodes,--one-#n-Eno-Township fENe-B}T-and-ene in Hillsborough Township (HB-5) , however, extends es-far-south-as slightly beyond the Chapel Hill Township line. The Eno-node-boundary-ia-the-Southern-Raiiread-#n-the-northeast-corner of-the-area. The node in Hillsborough Township crosses the Duke Power transmission line north of Davis Road and adjacent to I-40 east of Old N.C. 86 in the northwestern corner of the township. 8 . Amend Section 4. 1 - Overview of Implementation Strategies by adding an "Economic Development Activity Node" row to the "Land Use Element Categories-Zoning District Matrix". The subsection, "Zoning Ordinance", would also be amended (as follows) to add a description of the "Economic Development Activity Node" category. ECONOMIC DEVELOPMENT ACTIVITY NODE: Identifies areas in Transition areas of the County which have been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major highways, and subject to special design criteria and performance standards. The applied zoning district is ED (Economic Development) . The subsection, "Economic Development Plan", is also proposed for revision and would read as follows (wording to be deleted shown in strike-through; new wording shown in boldface) : Economic Development Plan The physical land use planning activity cannot be separated from economic considerations. In determining the appropriate pattern of land use for the County an assumption is implicitly made regarding the type of growth favored and the response of the economy to such growth. Conscious efforts to broaden and diversify the economic base of the area and promote certain forms of economic development should complement physical planning considerations affecting land use patterns, particularly as they impact on the maximization of opportunities for County residents for housing and work, and the protection of the environment. An economic-dove+epment-plan-and-re+ated-peiicies-would signcantly-eentri bate-te-reducing-petentfa+-prebiems resu+ting-from-inapproprate-economic-development-patterns. orange-Heunty-is-current+y-invo+ved-in-efforts-directed-at formulating-such-a-p+an-and-peiie±es-for-the-future development-of-the-county. The Orange County Industrial Facilities and Pollution Control Authority was created by the Board of County Commissioners on October 23 , 19 78, and 25 formally organized on March 5, 1979, is-the-body-primariiy respensib+e-for-these-aetivities to work toward the establishment and expansion of manufacturing companies within Orange County. Creation of this Authority made it possible for manufacturing companies to be eligible for Industrial Revenue Bonds. In December 1982, the Orange County Economic Development Commission (EDC) was established and charged with carrying out an economic development program for all portions of the County and its constituent municipalities. The EDC's purpose is to increase economic development through clear, effective strategies and policies which stimulate balanced development at appropriate rates in suitable locations. One of the major accomplishments of the EDC has been the preparation of a Strategic Plan for Orange County's Economic Development. The Plan was adopted on March 8, 1989, including a goal to: ". . .insure the desired quality of life. . .by encouraging economic development through investment in human resources, the expansion of existing businesses, and the creation of diversified and environmentally safe businesses. . .to provide jobs for county residents and to increase the non-residential tax base. . .". As one means of implementing the Plan, a resolution was adopted in October, 1990 by the Planning Board and the Economic Development Commission establishing procedures to address comprehensive planning and economic development matters of mutual interest. *********************************** ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOARD OF COMMISSIONERS REVIEW: • 26 ORANGE (.1,JUNTY PLANNING DEPARTMENT 306F REVERE ROAD #16511 HILLSBOROUGH, NORTH CAROLINA 27278 ,A 4 IP% 1 Ds 106 !fs,- •• fig W LAND USE PLAN AMENDMENT 40' APPLICATION 4.4200* All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: OFFICE USE ONLY REQUEST nlipp_ - 9 DATE RECEIVED: /2 -1 STAFF PERSON(S) RESPONSIBLE: 67.--E71)67.4s1_ ,/alvhc rrop..cfe._ GENERAL DATA: Property Owner(s) Name: Joe F. Berini and Louis Berini Mailing Address : 4415 Berini Drive Durham. NC 27705 Phone: (Home) 383-1417 (Work) 383-1417 Agent(s ) Name: Mailing Address : Phone: SPECIFIC DATA: Tax Reference: Township Eno Tax Map 25 Block --- Lot 54 Public/Private Road Name: Howe Street Lot Size: Acreage 11.9 Square Footage Lot Frontage Lot Depth Current Plan Category Designation(s ) : General Rural Residential Activity Node Watershed Joint Planning Area 27 REQUEST #LUP- - _t_1_ * SiECiFITATA,z(continued) : 1 ' es1irb1 a ir , . es in the General Area: .1! 11.3i ENO - Adjacent Parcels of Land: 7noDiver3tatp Park 7..i West and North I 85 South REQUEST: Land Use Plan Category Designation(s ) Requested: 20 Year Transition Type of Amendment: Primary Secondary * * * * * * * * * * * * * This application should be submitted with the following materials : * Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, in question. * Legal description of the parcel, or portion thereof. * Letter of request to include: ---- • o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s ) o a narrative stating the manner in which the proposed amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned, certify that all statements furnished in this application are true and to the best of (our) knowledge and that the application as submitted is complete. / 11 INN / d--7.': 1-, . ,ABOIA-cAltk _ ..„ Nh E OF APPLICANT -) S GNATURE OF •PPLICANT(S) PATE t 1 K _ ///1 `., __ ALLSDN IN APPLE mal NO. 4e z / AEHAAA S• 1 ., r� � t C'P-2-9 3 2g -/r ,: /' I �.4 Louis ane Joe Rer;_ni 07- ( Eno Township hz . Eno f El ,."'.....ac i" 1 f \ - l �"'1 NT/LT y BEN wtSON R0. QIS9Q `• ( /--J \ - d 76t7 ' BBEENNINGTON DIE(SR!! .'"4 JD 1 yRNYNVN:r SAD R SENN RO 1 - .r■ ) TRAIL D,E D BET■EI MCY.OR'.GREY[ .r? 9G O+X 00. ( / _ BRE POOLE RO ■ 1 .tF BOBCAT RO AO ', � pq<� {P(63 o ( ' . • BBO BOBCAT TARTTE DIE(SR 12 n's 1� ' v. l FP 15 _<. I BOULDER Po MOB B j BOULDER NW / WANDER RO of MREC Ulf (� tZ 4RMFlELD ,./.. i1 �.'SYEF1fA �.. ■ BOWMAN SIII#R0. i fa Gr ` / r0 BRADSXER RD /' Cp 3 'CDl1At CENTER BLtOSXAW QUARRY RE �,i" (F M. BRANOYwINE RD SR' BRAXTON BRAGG CT,s ■ I L L S G O' fn N / FORD RD. 156- _ l BREEZE CT _ f • Ao 1570 a,�MILL RD' ■ BAIGAODON OR!SR 15• BRISBANE OR I $ 1 /' '\ /' BFIOCAWELL A0. iii //FF \ BROMLEY D RO I UW�f.w F \96A ty \ �r i i BROOKfiEIO DA. 2'vD „q�j�' / / 1 BPOOKXOLLOW AD M w � LANE G1 1 r /.! ,, BPOOKNOUOw RO s 1 1 DR -~�-. �--._J _ , ..i' p' �� J BROOKS HO.SPUR .",,,; l Q U.S TQq (y f Q' P I Z BIIOWM RO. 11„,.." J \,•E �P- y I' I = BUCKBOARD OR - ./ '-\ - • 2 —1 --,,` j� r o PN f RO �/0 %R b" \ �JJxf CR. - (t�EE RD. U '" .,,aAODOt 590 (• h 1 BUNNY RD.0„,..//•... rH r�. , S.>p s• DR. / \,,-''^,1��, BURTON AO a(SR zr. 7`N° era ,2 , `� e' J NE EV Q euniR RO R0.• a sPttfcs (,So �. lu j 1568 _ BunoNwoao DR • `O / / eg WiLLEyT RO a+ C Noli iitt('� .: I U \ f l • = K CAMP FORD AO ,��y�y. CHESTNUT RO. Z3 .. ,,, 4.' 4a , • 'S jo ` / . cr CAMP CIR. N. 1 `• •+I ep /� O. I .0 CAPPER CT. ,.. � [ II 7-EN r1 CARL DURHAM OR CARL OR ••� \\ ` • 4 , AEL ler NW hive• �•E CAPLiON OA T+:..Y.`.� I `.,1.;;� ( II STATION RD "`/5� S T•: ■ CAPOUNA FOREST CT .:\�i`ti `v` .k�'; '' ( `,�' CAROLINA IDOP • . •k.. f,..�LL. �'L' $'d 4r - CARR STORE AO- litimarars" <'!' CARRIAGE TRAIL _ CASCADE OR CATAANELA CT e• ii y�� 4�`•, CATES OR ISR 222] -�"�``ly. , 2∎..', `' eOgB R ORAXGEr•.'�*V 9i...LL:-,� `L pR 4/� GNOS CAVINfSS JORDAN RO :ii 170 +P ' l D SAY Po�E:,, DR. ' CEDROLu osA z2.44 `• ,,r}} �- N�.0 i �' 7.e C�" it � t?.1d Imo,M11eCR R i„•• �y.., -..� CHARM TEW LT(SR 2: tom, {{{..(�,� t ti CNARUFS DEAD ENO ///TTY - / -�-� 7__ �IR..SIP , i* 7t CHESHIRE DR � - CHESTNUT T NUR CHWITON�7 t"-:'•';. +.{' CLAIBORNE'S AD N Y .,•�,.�•�"•�' CLAPENCE WALTFR9 AD • CLEARWATER LAKE RD \ •�� 1721 -4---,.--'.•T F >, Z ! � - j-.::; C tiN CLYD CT. SR 11 _ 'Y / ice" CLYDE PO. g '( 58EE •.. R `� $ ---r ) COACH wbr(SR 12141 , 1�„ QY ITI6 I"'—:.'--. /I-'•.•' COLE MILL RD „.„.........A.,:\l ,<„, �UM RD. I:• ., '- r 2..'. OF COLEMAN LOOP HUS CM!H M .4.:..7-:*.:-.:',. ! .' � �°. % '. .r:; .. . t lJURNAM COWNSMNtflO.sri „• ONCOPO Ofl,ISR 1997'. /r -' r% yr N� A "� "�,S ..'z,.y COOPER ST 4 `T i C• q •i'�;�:._..r.,..7 r':.i ., '::/,:;� COR/FTT RIDGE PO rt .r:_ / . BROCk ( `T"A' `� "- -•--�� CORNWAWS RD 4'Z` / / h'' /'�E\JP ?.. Q, COUCH MTN R0. ''' 1.� RD. /��<( 1716 COUNGI IN ISR 205x1 COUNTRY IN ••� / • - = DS `� ►/7/6, LOUNTRr LANE DR■SR QQ COWPfNS OR(SR 1995 Y OOL ' •' ,. CRABORCNARD PL;SR CAMP q� }{OPE y 1•, "D. :..";••••::-"..':;.',1,.:;' i i CRAwfogo RD CIR. �� / :° CRESTWOAD IN RD �.. �1�' ?".' �/` } �/ .•'!�: '' ., CROSSROADS CHURCH "'%'/ %3a,•••; s y /„f�. .' if CULARETN R0•r / -, �' f ' i t ` ,o ; 0 MURPHEY• C-5 W �} • ¢ ..„..s.,:,..,..,31 V ,f....,....,:,_„„ I _ SCH. 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JJP EOGEW000 OR ORANGE COUNTY PLANNING DEPARTMENT 29 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 e LAND USE PLAN AMENDMENT APPLICATION All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: OFFICE USE ONLY CP REQUEST flagr- - DATE RECEIVED: f}r)(, STAFF PERSON(S )S ) RESPONSIBLE: Stcv,-,6 I t a cAt GENERAL DATA: Property Owner( s) Name: ff.t4i;41/1„cree .(44,/,.//2,7 Mailing Address : 1-43/0 K)-(...e.,14,2,./ cy-)41,,t, / Phone: (Home) Ci/6 -etc/2,- 7ç2 (Work) ) Agent( s ) Name: Mailing Address : Phone: SPECIFIC DATA: :3, 2/ 5, 22./ 12_ Tax Reference: Township 6//v cAp Tax Map /) Block Lot qt, ;2 qt4 c 217 ci) Y6,cfr-.)31 Public/Private Road Name: Bind c3101)i QUOCCk 71- 000()Qe GCNe d. 1.- Lot Size: Acreage 71, le rocLA Square Footage Lot Frontage Lot Depth Current Plan Category Designation(s ) : General (2,71,1,14tatel A).124i4:44...e.4 Activity Node Watershed ‘,/ Joint Planning Area 30 REQUEST #541E- t SPECIFIC DATA (continued) : Describe Land Uses in the General Area: ' /7 /(1. 1.2 e te _ On Adjacent Parcels of Land: 1 4.- REQUEST: Land Use Plan Category Designation(s ) Requested: PORRL Type of Amendment: Primary \/ / Secondary * * * * * * * * * * * This application should be submitted with the following materials : Fully dimensioned tax map on which is highlighted the parcel, jor portion thereof, in question. Legal description of the parcel, or portion thereof. Letter of request to include: o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s ) o a narrative stating the manner in which the proposed amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned, certify that all statements furnished in this application are true and to the best of my (our) knowledge and that the application as submitted is complete. ilerz.4 icy d ck . A-Seti t/ 41/ NAME OF APPLICANT SIGNATURE OF APP ICANT( S ) O - DATE (Buck horn r..9-..--i ■ -. 5-1 / / ' ( I i / CP-3-93, BOBBY KIRK - * ORANGE GROVE ROAD/BRADSHAW QUARRY ROAD , s ■,,, 24 A-R TO RURAL NEIGHBORHOOD NODE 31 imARTIN RO. tt) () i199;/ I +.7 0 ( I't\C'' ! 1., ' CfPfC' t \, • 7--------- / '\ ••P ----, rflO. c ......__ , ' 7 - es cx (7`2%0A: • ) ).. 1 . \ 1 \ \ / / .—/.---1 ..F c, .c. i7) co ' \■el, S, / i I /- ._f ,-c5 1/ r–C . .. ,/- --'-' --N. - / ---- , I ‘S S \ , .ci 0 RD gce z . ,:,°. 10 C9 1 T ' 1r / r ')'. \ — . \ 02ALTior L.,- . .......• 1 ..... ---... lb 0 ,..I , 4, '''' .3441..-xy.mt3 ARTHUR 411 ••_.. . .• . . _,„ MI NNIS / I ,29' ) ,/ ■ •,■, " 40. '\ ‘!, . ...---:.,___1_,....e:_rp / 42- (,\ • .. ... -) tt.C1. ...° is, --4, ..*'■_,-.N., ,/' , . -".2 . ' ) Cf. /?C! ,........- •:;,•L;;,'", ,' k 0 1 ' 4 //q . .:.';';', ) ?..13 -r-Th \ / °NJ g c'e-/ ..._. ..,-" :".;46; ,.,.' .,, ? ..7., ii : \\. ..--'■*J 1111 -, s, ) Oran*/ 41. 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I I' • q \\ d \ \ / c. \ r5). ■ .1,...p • 1 ..,, 32 ORANGE COUNTY PLANNING DEPARTMENT MEMORANDUM TO: MARVIN COLLINS, AICP Planning Director FROM: DAVE STANCIL, AICPDS Planner II-Comprehensive DATE: April 14, 1993 SUBJECT: CP-3-93, BOBBY HIM REQUEST FOR MAY HEARING FOR PRINCIPAL AMENDMENT TO THE PLAN On April 6, a proposed amendment to the Land Use Element of the Comprehensive Plan was received from Bobby Kirk, Sr. and Jr. The Kirks'are interested in opening a country store at the intersection of Orange Grove Road and Bradshaw Quarry Road,which requires plan designation of a Rural Neighborhood Activity Node. As you know, under Section 2.2.14.2 of the Zoning Ordinance,the proposed creation of a new activity node is classified as a"principal"amendment to the plan.Prior to August 1992,principal amendments to the plait could only be considered at the subsequent quarterly public hearing in February, pursuant to Section 2.2.14.3. However, in August 1992, Section 2.2.14.3 was amended to state that: "Principal amendments shall generally only be considered once each year at the quarterly public hearing in February; provided, however, if a principal amendment is scheduled by the Board of Commissioners for other than the February public hearing,it shall be scheduled during one of the quarterly public hearings held in May, August, and November." The new provisions above were utilized to allow hearing of CP-1-92 at the August 1992 public hearing. The Kirks'have requested that this provision be used to allow hearing of their amendment at the May 24 quarterly hearing. The reason for this request is that a February 1994 public hearing would mean a fmal decision on the amendment would not occur until April 1994 - at the earliest. The subsequent rezoning hearing, review process and site plan(if approved)would likely mean that the planned country store could not be constructed until the fall of 1994. Because of the time constraints imposed by a nine-month delay in initiating the process, the Kirks' would like to petition the Board of Commissioners to place this amendment on the May 24, 1993 quarterly public hearing. Please let me know if I can provide any further information on this request. copies: Bobby Kirk, Sr. and Jr. Gene Bell, Planner DI-Comprehensive LB;,._ c) d) more than one hundred (100) acres; A correction of an error or omission; or 33 Revisions to any factual or descriptive material. *2 .2 . 14 . 3 Consideration of Amendments *Amended Except as noted herein, the submission and 8/3/92 consideration of applications for proposed amendments to the Comprehensive Plan or portion thereof shall be governed by the procedures contained in Article 20 of this Ordinance. ' Principal amendments shall generally only be considered once each year at the quarterly public hearing in February; provided, however, if a principal amendment is scheduled by the Board of Commissioners for other than the February public hearing, it shall be scheduled during one of the quarterly public hearings held in May, August, and November. Secondary amendments may be considered four (4) times each year at the quarterly joint public hearings in February, May, August, and November. No proposed amendment is to be considered in .. conjunction with a. rezoning, planned development or special use permit request for the same property. Requests for a rezoning, planned development and/or special use permit may only be considered at subsequent hearings or meetings following approval of the proposed 4113 amendment to the Comprehensive Plan. 2.2 . 15 Planning Department To Act As Staff To Planning Board The Director of Planning, under the direction of the County Manager, shall provide staff service of the Planning Department to assist the Planning Board in carrying out its duties. 2 .3 Board of Adjustment 2 .3 . 1 Board of Adjustment, Establishment Of 2.3. 1. 1 A Board of Adjustment is hereby established. It shall consist of five members, and two alternates, all of who shall be residents of Orange County's Planning Jurisdiction. One of the regular members shall be a member of the Orange County Planning Board, ex officio, who shall have full rights, privileges and responsibilities. 2 . 3 . 1.2 The members shall be appointed by the Board of Commissioners for terms of three years, and until their respective successors have been appointed and qualified; provided that the terms of the original WIAIII f----:---4.F., members may be staggered so that all terms may not ---mor expire simultaneously. Each appointment to fill a vacancy shall be for the unexpired term. 2-9 ORANGE COUNTY PLANNING DEPARTMENT 34 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 411 �� April 13, 1993 Mr. Bobby Kirk 4310 Bradshaw Quarry Road Efland, NC 27243 REGARDING: APPLICATION TO AMEND THE LAND USE ELEMENT OF THE ORANGE COUNTY COMPREHENSIVE PLAN (CP-3-93) Dear Mr. Kirk: Please be advised that the Orange County Comprehensive Planning staff has completed its preliminary review of your application (CP-3-93) and accepts it for further analysis and presentation. As previously discussed, if the Board of County Commissioners agree at their May 3 meeting to place this amendment on the May public hearing agenda, your application will be presented at the Quarterly Public Hearing scheduled for May 24, 1993 in the Superior Courtroom of the County Courthouse in Hillsborough at 7:30 p.m. If the Board of Commissioners do not agree to the May hearing date, your application fee will be refunded and you may re-submit the application for the February 1994 public hearing(application deadline for this hearing is January 4, 1994). If the amendment is placed on the May 24, 1993 hearing, planning staff will perform an in-depth analysis of the request between now and the hearing date. We will also be requesting input from other local and state government agencies regarding the request. On or before May 7, the area being proposed for amendment would be posted with a sign advertising the f requested amendment and the public hearing date/place.We would also notify by mail all property owners within the 1/4-mile radius of the proposed node, as well as all property owners within 500 feet of the proposed node. Notice of the proposed amendment would run in local newspapers on May 12 and May 19. If you have questions or comments during this period, please call me at 967-9251 (extension 2590). I understand that you plan to submit a supplementary letter of application before the end of April. I will contact you if we have questions or need additional clarification regarding your request. Sincerely, cSICA:(--C ave Stancil, AICP Comprehensive Planner copies: /Marvin Collins, Planning Director Gene Bell, Planner III-Comprehensive 35 A RESOLUTION RECOMMENDING THE APPROVAL OF CP-3-93, A PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE ORANGE COUNTY COMPREHENSIVE PLAN WHEREAS, the Bingham Township Advisory Council (TAC) received a presentation on the proposed plan amendment CP-3-93, submitted by Bingham resident Bobby Kirk, at its April 22, 1993 meeting, and WHEREAS, the TAC serves in an advisory capacity to the Orange County Planning Board on matters of Township interest, and has in the past provided recommendations on such issues to the Planning Board for its consideration, and WHEREAS, the proposed amendment would create a "Rural Neighborhood Activity Node" on land in Bingham Township at the intersection of Orange Grove Road and Bradshaw Quarry Road, and WHEREAS, a Rural Neighborhood Activity Node could allow application to be made for limited rural commercial zoning, allowing a country store to be constructed at the intersection, and WHEREAS, country stores designed in keeping with the flavor of their surrounding rural areas have played an important role as parts of rural communities for centuries - a role which has been absent in central Bingham Township since the closing of the old' Orange Grove store years ago, and ti WHEREAS, the substantial residential growth since 1980 in Bingham Township has exacerbated the need for a local country store which could provide basic services for the 5,200-plus Bingham citizens: NOW, THEREFORE, BE IT RESOLVED by the Bingham Township Advisory Council that the proposed amendment CP-3-93 submitted by Bobby Kirk addresses an unquestioned need for a country store to provide services in the Township, and that this store could serve in the role of the old Orange Grove store as an important part of the rural Township community. BE IT FURTHER RESOLVED that this proposed amendment be favorably recommended to the Orange County Planning Board, and that such favorable recommendation be entered into the record of the May 24 , 1993 public hearing (or such other hearing date as may be scheduled) . This, the 22nd day of April, 1993 . PI • Alkia41 Patrick H. Mulkey, Chairman Bingham Township Advisory Council PCPS -4-P-0-:-/-) Witness 36 PROPOSED ORDINANCE/PLAN AMENDMENT ORDINANCE/PLAN: Zoning Ordinance REFERENCE: Article 4.2. 19 - District Statements of Intent and Application Criteria [Economic Development (ED) District] Article 4 . 3 - Permitted Use Table Article 5. 1. 2 - Establishment of Dimensional Requirements (Schedule for Non-Residential Development) Article 6.29 - Development Standards for Economic Development (ED) Districts Article 7.21 - PD-ED Planned Development-Economic Development District Article 22 - Definitions (Economic Development Activity Node) ORIGIN OF AMENDMENT: _X_Staff _X_Planning Board X BOCC Citizen X Other: Economic Development Commission STAFF PRIORITY RECOMMENDATION: X High Middle Low PUBLIC HEARING DATE: May 24-, 1993 PURPOSE OF AMENDMENT To revise the Zoning Ordinance to implement PB/EDC Work Group recommendations concerning the development of an "economic development district" with acceptable performance standards and streamlined approval procedures. Associated with the proposed changes to the Zoning Ordinance are corresponding changes to the Land Use Element of the Comprehensive Plan. Proposed changes to the Land Use Element have been addressed on a separate Ordinance/Plan Amendment Form. IMPACTS/ISSUES As one of its FY 1990-91 goals, the Board of Commissioners asked that specific parcels be identified for pre-zoning for economic development purposes in a manner consistent with the Orange County Land Use Plan. In October, 1990, the Economic Development Commission (EDC) and Planning Board (PB) adopted an agreement which included the following objectives: 1. Identify appropriate locational criteria, land use categories, and zoning designations to promote business; and 2 . Develop performance standards and project size thresholds which measure the impact of land development. In December, 1990, the EDC Target Advisory Group completed a report identifying preferred locations and types of businesses for Orange County. Consistent with the recommendations of the Target Advisory 37 Group, three areas were identified by the Planning Board/EDC Work Group as focal points for its efforts. They included: 1. The northeast quadrant of the I-85/Buckhorn Road Interchange; 2 . The I-40/01d NC 86 Interchange; and 3 . The I-85/US Highway 70 Interchange. Using construction cost data supplied by an area contractor and a spreadsheet template to evaluate the economic feasibility of development scenarios, the PB/EDC Work Group identified the preferred distribution of land uses for the selected target areas. Land uses considered appropriate for such areas included light industrial, distribution, flex space, office, and service/retail categories. Rather than limit itself to traditional techniques, the PB/EDC Work Group decided to evaluate other methods of controlling land use intensity. Among the techniques were those promoted by performance zoning advocates. To help the PB/EDC Work Group understand the application of the standards, the staff conducted detailed analyses of selected business sites to illustrate the relationship between development character and intensity standards. All of the work completed by the PB/EDC Work Group led to the formulation of a more definitive goal; i.e. , to develop an "economic development district" proposal with acceptable performance standards and streamlined approval procedures. The concept of an economic development district is not new. The zoning district designation currently exists in the Zoning Ordinance, and the purpose of the district is "to provide locations for a wide range of low intensity industrial, institutional, office, and research use with no adverse impacts beyond the space occupied by the use. " While such districts are currently associated with the Land Use Plan designations of "Industrial" and "Commercial-Industrial" Activity Node, and designated in close association with interstate highways, some changes to the Land Use Element are required to "target" economic development districts at specific locations. Thus, a new land use category entitled "Economic Development Activity Node" is proposed, along with the addition of appropriate location criteria. A second proposal involves the actual application of the category through changes to the Land Use Plan (Map) , including Township Plans. Finally, changes to the Land Use Element-Zoning District Matrix, and applicable goals and policies are proposed to insure consistency between the Land Use Element and the Zoning Ordinance. Proposed changes to the Land Use Element have been addressed on a separate Ordinance/Plan Amendment Form. The changes outlined below seek to apply a revised "Economic Development District" zoning category to specific "target areas" in the county. Maps-show4A0-the-pr.opos414-4op44q voia43-144—irmiperriviatapaia-abeatmiazga.. Associated with the rezoning proposal is the establishment of acceptable performance standards and streamlined approval procedures applicable within those districts. 38 EXISTING ORDINANCE/PLAN PROVISIONS Copies of the following applicable sections of the Zoning Ordinance have been provided as attachments. Article 4 .2 . 19 - District Statements of Intent and Application Criteria [Economic Development (ED) District] Article 4 . 3 - Permitted Use Table Article 5. 1.2 - Establishment of Dimensional Requirements (Schedule for Non-Residential Development) PROPOSED ORDINANCE/PLAN PROVISIONS The following changes and/or additions to the Zoning Ordinance are proposed (wording to be deleted shown in strike-through; new wording shown in boldface; revisions made as a result of citizen comment from public information meetings is shown in italics) : 1. Amend Article Article 4 .2 . 19 - District Statements of Intent and Application Criteria [Economic Development (ED) District] by revising it to read as follows: Economic Development (ED) District a) Intent The purpose of the Economic Development (ED) District is to provide locations for a wide range of Iew-intensity light industrial, institutiena3, distribution, flex space, office, and research service/retail uses Kith-ne-adverse-impacts beyond-the-space-eecupied-by-the-use. Flex space typically includes one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accomodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations. The-Eeenemic-Hevelepment-Histriet-shawl-always-be-designated in-elese-association-With-the-Fedora+-fnterstate-Highway System. Such areas have been targeted for economic development and are located adjacent to interstate and major arterial highways. They are subject to special design criteria and performance standards used to minimize impacts beyond the space occupied by the use. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Site The district is located adjacent to a Federal Interstate Highway, kith-direet-access-te-either-an arterial-er-ceilecter-read or a major arterial road, and 39. 1 within-4 75-miles-of-an-interchange-en-the-interstate system. 2 . The site district is located outside of the Chapel Hill - Carrboro Rural Buffer areas as designated in the adopted Comprehensive Plan. 37---All-sets-shall-be-e-minimum-of-le-two-aeeas7-and-ell-lets shall-have-frontage-en-the-interstate-er-en-the-eelleeter arterial-street. 3 . Ne-uses The site district shall not be located within a the critical area of a designated water supply watershed. 4 . Urban services, such as water and sewer mains, are desirable, but not required if acceptable alternatives are available. 57---A1l-operations7-ether-than-leading-er-unloading;-would-be eendueted-entirely-within-the-building{s}. 2 . Amend Article 4. 3 - Table of Permitted Uses by deleting the list of permitted uses and providing the following notation in the ED._row: Refer to Article 6.29 -- Development Standards for Economic Development (ED) Districts. 3 . Amend Article 5. 1.2 - Establishment of Dimensional Requirements (Schedule for Non-Residential Development) by deleting the existing standards and providing the following notation in the ED row: Refer to Article 6.29 - Development Standards for Economic Development (ED) Districts. 4 . Amend Article 6 by adding a new Article 6. 29 - Development Standards for Economic Development (ED) Districts to read as follows: 6.29 Development Standards for Economic Development (ED) Districts 6.29.1 Purpose Goal Six of the Land Use Element of the Comprehensive Plan is the promotion of economic development which emphasizes local employment needs while preserving the character of communities and protecting the natural environment. To that end, these provisions are established to create review procedures and appropriate design standards for application within portions of the county targeted for economic development activities; e.g. , Economic Development Districts. ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitted Special Not Permitted Special 7Notl by Right Use ' Allowed by Right Use ' A Day Care Facility, other than Large Day Care Home Day Care Home, Large Dwelling; Single-Family, Only in designated locations, and subject Dwelling; Two-Family to design standards. Dwelling; Multiple Family , Dwelling; Mobile Home (allow replacement of existing MH) Family Care Home Group Care Facility Rehabilitative Care Facility Nursing Homes (to be added) Hotels & Motels Residential Hotel (Fraternities, Sororities, and Dormitories) Rooming House Temporary Mobile Home (Custodial Care) B B Temporary Mobile Home (during construction of permanent residential unit ,k and for 30 days after issuance of Certificate of Occupancy) 1 U j ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitter) Special Not Permitted Special Not by Right Use 1 Allowed by Right Use ' Allowed Tourist Home Accessory Uses �k Manufacturing & Processing Operations (to be defined more specifically) Airport, General Aviation, Heliports, S.T.O.L. Botanical Gardens & Arboretums Buildings; Portable Bus Passenger Shelter Bus Terminals & Garages Cemetery Church Community Center A A Extraction of Earth Products Governmental Protective Services (Police& Fire Stations), Rescue Squads, Volunteer Fire Departments Land Fills (2 acres or more) * �c Land Fills (Less than 2 acres) ,r w 2 Lo ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitted Special Not Permitted Special Not by Right Use ' Allowed by Right Use ' Allowed Military Installations (National Guard & Reserve Armory) ,k Parks, Public& Non-Profit Parking as Principle Use, Surface or Structure Public Utility Stations& Sub-Stations, Switching Stations, Telephone A A Exchanges, Water & Sewage Treatment Plants Radio & Television Transmitting& Receiving Towers & Elevated Water B Storage Tanks (Allowed as accessory use without SUP.) Research Lands & Installations, Non-Profit (Re-define more clearly.) Schools: Elementary, Middle & Secondary Schools: Vocational ,k Schools: Dance, Art& Music Non-Profit Educational Cooperative Transmission Lines B B Universities, Colleges & Institutes Governmental Facilities & Office Buildings Water & Sanitary Sewer Pumping Stations Camp/Retreat Center 3 ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area r Transitional Area Land Use Permitted Special Not Permitted Special Not by Right Use 1 Allowed by Right Use 1 Allowed Agricultural Service Uses Animal Hospitals; Veterinarians Assembly Facility Less Than 300 (Re-define more clearly.) Assembly Facility Greater Than 300 (Re-define more clearly.) Banks & Financial Institutions Beauty & Barber Shops Clubs or Lodges; Social; Fraternal or Union Clubhouses Drive In Theaters Farm Equipment& Sales Feed, Seed, Storage& Processing Funeral Homes Greenhouses (No On Premises Sales) Greenhouses (On Premises Sales) Health Services Hospitals Commercial Feeder Operation 4 w vi ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitted Special Not Permitted Special Not by Right Use Allowed by Right Use ' Allowed Junkyards Class I Kennels Class II Kennels/Riding Stables Massage, Business of Laundry & Dry Cleaning Services ,k Libraries Motor Freight Terminals Motor Vehicle Maint. & Repair (Body Shop) (Re-define more clearly.) Motor Vehicle Sales Rental (New & Used) Motor Vehicle Services Stations Nightclubs, Bars, Pubs (Allowed only as accessory use to hotel, motel or restaurant.) Offices & Personal Services Petroleum Products: Storage& Distribution (Re-define to allow facilities A for local distribution only. Major tank farms prohibited.) Postal & Parcel Delivery Services Printing& Lithography U, 5 rn ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitted Special Not Permitted Special Not by Right Use ' Allowed by Right Use ' Allowed Recreational Facilities (Non-Profit) (Re-define more clearly.) A A Recreational Facilities (Profit/Non-Profit): Golf/Country Club Recreational Facilities (Profit) (Re-define more clearly.) A Repair Service Electronic & Appliance Research Facility (Re-define more clearly.) �k Restaurants: Carry Out, Drive-in and General �c Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise & Equipment, Including Mail Order Houses Sawmills Stockyards * ,k Storage of Goods, Outdoor (Accessory only, and subject to screening.) Storage and Warehousing: Inside Building �k Studio (Art) Waste Management Facility; Hazardous & Toxic Wholesale Sales �►c „� Historic Structures Non-Residential/Mixed Use A A w 6 :° ECONOMIC DEVELOPMENT DISTRICT DESIGN GUIDELINES - Permitted Use Table Intensive Area Transitional Area Land Use Permitted Special Not. Permitted Special Not by Right Use Allowed by Right Use Allowed Assembly and Packaging Operations Including Mail Order Houses, but * ,k Excluding On-Premises Retail Outlets Crematoria Golf Driving and Practice Ranges "'A" indicates a Class A Special Use, approved by the Board of Commissioners. "B" indicates a Class B Special Use, approved by the Board of Adjustment. Ri r W 00 7 40 6.29.2 Design Review Process Before any new site development may be undertaken in an Economic Development District, a site plan must be approved and a zoning compliance permit issued in accordance with the provisions of Article 14 (Site Plan Approval Procedures) of this Ordinance. Prior to submission of an application for site plan approval, applicants will be required to meet with representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicable to development proposals. Plans for development proposals in an Economic Development District will be reviewed by the Planning and Inspections Department staff for compliance with the standards contained in the following section. Such review will also be carried out in accordance with the provisions of Article 14.3 (Site Plan Review) of this ordinance. In addition to the submittal requirements contained -in Article 14.2.2, a complete application shall also include: 1. Building elevation drawings for each proposed structure; and 2. A minimum of two (2) drawings of sections through the site illustrating existing and proposed grades, as well as the relationship of different site features. Failure to meet the criteria for site plan approval listed in Article 14.3, to address agency comments solicited during the plan review process, and/or to adhere to the design standards applicable within Economic Development Districts will result in denial of a development application. In such cases, the development plans will be returned to the applicant with a written explanation of the reasons for denial and the changes required for the application to be approved. An applicant shall have the option of revising the development plans to comply with the site plan and design criteria. As an alternative, the applicant may also submit the plans for the review and approval of the Planning Board and Board of County Commissioners in accordance with the provisions of Article 7 - Planned Development Districts. 41 . 1 6.29.3 Design Standards The design standards applicable within Economic Development Districts are shown on the following pages and are divided into two categories, Land Use Intensity Standards and Design Guidelines. Land Use Intensity standards establish the three-dimensional spatial relationship between the use and the site, or the ratio of man-made construction to natural features. The Design Guidelines apply to the landscape and architectural features, i.e. , how the use "fits" the site and how it relates to the surrounding area. 5. Amend Article 7 by revising Article 7. 2 . 1 to include the PD-ED Planned Development-Economic Development District as a permitted Planned Development District as follows: 7 .2 . 1 Establishment of the Planned Development Districts Planned Development districts that correspond to the following districts authorized in Article 4 are hereby created: R-13 - PD-H R-8 PD-H - R-8 R-5 - PD-H - R-5 R-4 - PD-H - R-4 R-2 - PD-H - R-2 R-1 - PD-H - R-1 RB - PD-H - RB LC-1 - PD-C - LC-1 NC-2 - PD-C - NC-2 CC-3 - PD-C - CC-3 GC-4 - PD-C - GC-4 01-1 - PD - 0I-1 I-1 - PD - I-1 I-2 - PD - I-2 1-3 PD - 1-3 ED - PD - ED PW-I - PD - PW-I PD - MU PD - R PD - MHP 6. Amend Article 7 by adding a new Article 7 .21 - PD-ED Planned Development-Economic Development District to read as follows: 7.21 PD-ED PLANNED DEVELOPMENT-ECONOMIC DEVELOPMENT DISTRICT The following regulations and requirements apply to PD-ED Planned Development-Economic Development Districts. 41 . 2 Architectural Character 1.1 Site Considerations Intent: To insure that new development is designed to respect the specific condi- tions of its site. This Guidelines: The design of a building, its location on the site, and its layout must respect the topography of the site and be consistent Not This with significant landforms. To minimize disruption of the natural terrain, buildings must be sited in Architecture must continue the natural lines of the slope. conformance with the following guiEle- lines: When building on a hillside, the archi- tectural form of the building[s] mustre- flect the underlying topographic form / and retain the integrity of the natural slope. For example, buildings can be This designed to "step up" hillsides to ac- / commodate significant changes in elevation. Architectural form at the base of a hill must provide a natural transition be- tween the intersecting slope and the Not This base. For example, a low rise building at the base of a hill will appear to extend or blend in with the natural landform. New structures must maintain the integrity of the landform on which they are built. Economic Development Districts Design Guidelines BD - 3 41 . 3 Architectural Character 1.1 Site Considerations On a hilltop, especially at the ridgeline views or crest, building forms must not break or detract from the natural lines { of the hillside. Building[s] must be • provided with sufficient setbacks to maintain the integrity of the natural f t slope and minimize the impact on .4‘Access Path , scenic views. - Where neighboring buildings have Buildings must be sited to take advantage of visual and natural responded to similar topographic condi- amenities. tions on their sites in a consistent and positive way, similar treatment must be considered for a new structure. Where buildings are to be located near._ natural features such as scenic vistas, stands of trees, and open space, views and pedestrian access must be provided to these amenities. "1-4- Applicability: A structure sited at the base of a slope creates a transition between All development. the slope and the more horizontal landform at its base. Related Guidelines: 1.2 Unified Design Concept I 1.3 Compatibility with Surroundings Dividing a building into terraces that step down a slope reduces the impact of the building on the site and creates usable decks. Economic Development Districts Design Guidelines BD -4 42 7.21.1 PD-ED District: Definition and Intent PD-ED districts may be established in accordance with the general procedures and requirements set forth in Articles 7. 1 through 7.9 and with the intensities and in locations in accordance with the Comprehensive Plan and the zoning Ordinance and Atlas. The purpose of this district is to provide for properly located and planned non-residential development consistent with Orange County's Strategic Plan for Economic Development. Specifically, this district is intended to provide an opportunity for development plans, submitted under the provisions of Article 6.29 [Development Standards for Economic Development (ED) Districts] of this ordinance, to be considered for approval when such plans do not: 1. Meet the criteria for site plan approval listed in Article 14.3; 2. Address agency comments solicited during the site plan review process; and/or 3. Adhere to the design standards applicable within Economic Development Districts as set forth in Article 6.29 of this ordinance. In such cases, application for and approval of a Planned Development District shall be governed by the general and specific standards and procedures for the issuance of a Planned Development Permit as set forth in this Article. 6. Amend Article 22 - Definitions by adding a definition of "Economic Development Activity Node" to read as follows: Economic Development Activity Node - Land in Transition areas of the County which has been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. Flex space typically includes one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accomodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations. *********************************** ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOARD OF COMMISSIONERS REVIEW: ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT 43 L�� `=''�. Date : .J 30/ 9..3 d- 31; TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY , NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . Th�j.e property is Located o — he WEST- side of S . R t /06 (CFI..-ND- eeme, G-Bilk Street Road between S .R . # and S .R . # N/ It is known Lot ( s) , Block _ of Orange County Tax Map ,— FE-KS Township. It has a frontage of feet and a ,depth of X79 feet , end contains square feet or L/, /8 acres . 2. It is desi d and requested that the foregoing property be rezoned from to 'R 3 _ 3.- The .falLowing information has bean _ attached .in_. support of the application for changing the Zoning Atlas t* — required on elL applications) . sal/A fully dimensioned sap at a scale of not less than one 11] inch _ .- tousle one–hundred (100) feat nor more than one (1) inch equals twenty- t201 feet- showing—the Lend which is proposed to be rezoned. 'b.✓A Legal description of the land proposed to be rezoned. *cue*" statement of justification addressing one or sore of the following: (1) The alleged error in the Zoning Ordinance, if any, which • would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which sake the proposed amendment reasonably necessary to the promotion of the public health, safety end general welfare. `134/The wanner in which the proposed amendment will carry out –the intent and purpose of the adopted Lend Use plan or pert thereof. st4304t other circumstances, factors and reasons which the applicant offers in support of the proposed amendment including, but not limited to, documentation from service agencies (e.g. fire, police, rescue and utilities agencies) assuring services provision capability to the development. - d. A list of All individuate, fires or corporations owning property adjoining or within five hundred (500) feat of the property sought for rezoning is attached. The List is current as of . (Oats) I certify that all information furnished in this application is accurate to the best of my knowledge . Applicant(s): Add r ass : : - 4110EFIL, ,f • - - Phone : (9// #17v1c2 \ ` 0 44 n N 2532 0 A `' 38 38 '' \ o to 1.06' 2.2.3•3 i m 1. 35.73 AC. ,i to ,5381 SI. V ;a 50 3712 ' ��f� 2 CO CP AV f. / 0 \ 1 C. CAL. 4S,..\\. 5.55 4 4.7 9 6pC. _ �' a86`► ( �� i 8 , 13 `i - : .. 4 \ / A 25 �'1r� 3.15 1 9385 1 sa I U3 1 5A 4.71 AC' 4J%QC j . = •0 .9272 sa i �_ �3.3g AC.' 64 7• 09.70 g' 81 '2 51 AC' ,5e s AC� 1.02 1 .1' 1.89 2.59 AC. ,\ - ,. .r.; `... 3 �1 EXE +' .f....:-, ,r• . _- 1 alit \ • 8940' •,�� _ GENE 'w`y ,.4• ,.._-"r''. 5743 ..., 1 AC j isAC" ‘,..1...-..•; 1 • t i - - &� .5. =7, , AN, •_ 1 ` . 11 3 a s., 157 T 5'- 42 , •,-- 1 1 5 15 •. 91 4Z9�� 4 .91 `. cr i -�p ��y— 42.91. X91 42 34 C)4 32 (I) �ti K N Nj j .Ci T` .- Z-4-93 MARILYN AND DAVID LINER • n n ' CP •N N .• 779.8,,19 8?,41 Zoning Atlas Amendment 2 Existing Zoning: R-1/PWII o ! a (iu6tT) • ' Proposed ° 0 _ "' Zoning: R-3/PWII � �`� -y•' ■ m o Scale: 1“ - 400 • h . a 0 0 d 6 S 4' 3 1 ! 7p t0 10 a' v —/---164 110.14 45 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 4 . 3 - Permitted Use Table Article 8 - Special Uses Article 10. 4 - Off-Street Parking Requirements Article 22 - Definitions ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: x High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT: To differentiate the definition and standards for nursing home facilities from the current designation which is included under "rehabilitative care facility. " IMPACTS/ISSUES: Under the current Zoning Ordinance provisions, a nursing home facility for more than fifteen unrelated individuals must comply with standards for a rehabilitative care facility. The land use category for rehabilitative care includes facilities for individuals addicted to drugs or alcohol, youthful offenders, and persons adjusting to non-prison life. Such facilities are permitted in the Local Commercial, Community Commercial, and General Commercial zoning districts. Nursing homes for fifteen or fewer residents are considered group care facilities which are allowed in most zoning districts with a Class B Special Use Permit. The Planning Staff proposes a new land use category, H8a-Nursing Homes, that may be allowed in the same zoning districts as a group care facility with a Class A Special Use Permit approved by the Board of Commissioners. Appropriate standards are recommended for addition to Article 8 - Special Uses, and a revised definition of "nursing home" proposed for Article 22 . EXISTING AND PROPOSED ORDINANCE PROVISIONS: Article 4.3 - Permitted Use Table (see attachment) O I i I al Ia I I I I 1 I I 1 1 I ` Ia 46 C4i 1 1 1 1 1 1 1 I I i 1a1 <� � i I I I I I I I I i I ' I� � ` I i I i ► I I I ;� � i I I I I I I i l I I ! I ' I- . 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O.L O 4 a1 r. >+ E >, 01 01 10 ar E 0 LJ N .0 O E E 0 4 7 U • CD rO 0 A 3 3 3 3 A 4 a a 0 m C O a! a C 0 4•+ 0 U E ❑ S ❑ ❑ ❑ ❑ ❑ 44 V CX Z 4 00 10 = F F-1 w 0 F G C 10 a1 q b o -1 N N n E .1 H N n e +1'1 +D n m CO co 41 -1 -w .r ., 4 411 8.8.28 Nursing Home Facility 47 8 . 8 . 28 . 1 Additional Information In addition to the information required by Articles 8 . 2 and 8 . 8 , the following shall be submitted as part of the application: a) Evidence that all requirements to qualify for a State of North Carolina nursing home license have been satisfied. hi A floor plan of the proposed nursing home facility showing the use and dimensions of each room and the location of entry/exit points. 8 . 8 . 28 .2 Standards of Evaluation The following standards shall be used in evaluatinq an application for a nursing home facility: Al All requirements to qualify for a State of North Carolina nursing home license are satisfied. hi The facility is to be located and the site developed in a manner that does not expose residents to hazardous ' conditions (such as steep' slopes, open drainaqeways, ot conflicts between vehicular and pedestrian circulation) . J. A fence shall be provided around the facility to protect residents from leaving the site without supervision. In lieu of a fence, the applicant may propose an alternative method of security. di The site shall have direct access to a State-maintained road or a Class A private road as described in the Orange County Subdivision Regulations. el All areas designated for use by residents shall be accessible by patients in wheelchairs and those with difficulty walking. a Dimensional requirements for nursing home developments shall be according to Article 5. 1. 2 - Schedule for Non- Residential Development. al Parking standards are contained in Article 10. At least one entry/exit shall be designated for emergency access to the site and to each building and shall remain unobstructed at all times. hi In addition to individual rooms for patients, detached dwelling units and attached multiple dwellings (durdexes, triplexes, apartments) are allowed for use by the facility owner, resident staff members, or as guest quarters. 48 Article 10. 4 - Off-Street Parking Requirements H-7 Group Care Facilities One space per 2 beds; One space per employee on shift of maximum employment H-8 Rehabilitative Care Facility One space per 2 beds; One space per staff member. H-8a Nursing Homes One space per 2 beds; One space per 300 square feet of administrative office space Article 22 - Definitions Nursing Home - A facility licensed by the appropriate State agency - - rcquircmcnt3 3ct forth in thi3 ordinance as a group care facility for more than fifteen (151 unrelated persons, for the purpose of providing nursing or convalescent care. Persons admitted to a nursing home require continuing medical supervision, but do not need special facilities provided by general hospital care, such as x-ray equipment, laboratory facilities, or an operating room. ;.. Rehabilitative Care Facility - A facility licensed by the appropriate State agency as a group care facility for individuals who are handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: 4/5/93 PLANNING BOARD REVIEW: BOCC REVIEW: 49 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: Article 14 .3 - Site Plan Review Article 21.4 - Zoning Compliance Permit Required ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: County Attorney EXPECTED PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT: To add language to the Zoning Ordinance to clearly explain that a site plan approval, with or without a zoning compliance permit, does not establish a vested right to develop a project in the absence of an approved Site Specific Development Plan. IMPACTS/ISSUES: The Planning and Inspections Department has encountered situations when a site plan has been approved and a zoning compliance issued, but construction of the project never started. Occasionally, the applicant returns years later to obtain a building permit and discovers that zoning regulations have changed since the site plan was approved. In 1991 the Zoning Ordinance was amended to include provisions for vested rights. An applicant may request approval of a Site Specific Development Plan which would allow him or her to develop property according to the plan for a period of two to five years. Once a vested right is established, development of a project would not be affected by zoning changes concerning the type and intensity of the use. Without obtaining a vested right to develop a project, the applicant must comply with all land use regulations in effect at the time a building permit is requested. Even if a zoning compliance permit is issued with the site plan approval, the applicant is not entitled to develop the property should the zoning designation change. EXISTING AND PROPOSED ORDINANCE TEXT: 14.3 SITE PLAN REVIEW 14 .3.2 . 50 If a plan is approved subject to conditions, no zoning permit or subsequent building permit shall be issued until all conditions of approval have been met to the satisfaction of Orange County. Site plan approval and the issuance of a zoning compliance permit does not establish a vested right to develop the property should zoning regulations change subsequent to plan approval. At the option of the Applicant, a Site Plan may be vested for a period of not less than two (2) nor more than five (5) years . To become vested, a Site Plan must be approved by the Board of County Commissioners as a Special Use Permit, pursuant to Article 8 of this Ordinance. An approved Site Specific Development Plan shall contain the following statement: "Approval of this plan establishes a zoning vested right under G.S. 153A-344 . 1. Unless terminated at an earlier date, the zoning right shall be valid until 21.4 Zoning Compliance Permit Required It shall be unlawful to begin the excavation for the construction, the moving, alteration, or repair, except ordinary repairs, of any building or other structure, including an accessory structure costing more than $100 or exceeding one hundred square feet in area, until the Zoning Officer has issued for such work a Zoning Compliance Permit which includes a determination that plans, specifications and the intended use of such structure does in all respects, conform to the provisions of this ordinance. Also, it shall be unlawful to change the type of use or type of occupancy of any building, or to extend any use of any lot on which there is a non-conforming use, until the Zoning Officer has issued for such intended use a Zoning Compliance Permit, including a determination that the proposed use does, in all respects, conform to the provisions of this ordinance. Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should zoning regulations change subsequent to issuance of said permit. Ordinance Review Committee: Planning Board: BOCC: