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HomeMy WebLinkAboutAgenda - 05-24-1993 - Agenda ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PUBLIC HEARING NOTE: BACKGROUND MATERIAL MAY 24, 1993 IS AVAILABLE IN THE 7:30 P.M. PLANNING DEPARTMENT SUPERIOR COURTROOM OR THE CLERK'S OFFICE ORANGE COUNTY COURTHOUSE (NEW) 106 EAST MARGARET LANE HILLSBOROUGH, NORTH CAROLINA NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732-8181 or 966-4501. PAGE A. OPENING REMARKS FROM THE CHAIRMAN B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and any fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a geniune commitment to this public charge is observed. C. PUBLIC HEARING ITEMS 11 1. Public School Impact Fees 15 2. Voluntary Farmland Preservation Ordinance Amendments 19 3. Historic Preservation Ordinance Amendments 4. Comprehensive Plan Text and Map Amendments 31 a. CP-1-93 Economic Development Activity Node Land Use Plan Category 123 b. CP-2-93 Louis and Joe Berini 5. Zoning Atlas (Map) Amendments 161 a. Z-1-93 Economic Development Districts b. Z-2-93 Marilyn and David Liner 6. Zoning Ordinance Text Amendments a. Economic Development Districts 181 b. Nursing Homes 185 c. Site Plan Approval/Zoning Compliance Permit d. Impervious Surface Standards D. ADJOURNMENT NOTE: DUE TO TIME LIMITATIONS AND THE NUMBER OF ITEMS TO BE CONSIDERED, IT MAY BE NECESSARY TO CONTINUE THE PUBLIC HEARING. ORANGE COUNTY PLANNING DEPARTMENT 1 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 =,liV, L 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 and Chapel Hill-Carrboro School Districts. 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. r 1 I f _-i 2 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 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 [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. 3 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/Old 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 I-85/I-40 and Buckhorn Road. The node extends from I-85/I-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 and Map) by adding a new Economic Development Activity Mode, I-40/Old NC 86 (HB-5) . The node is located generally at the intersection of I-40 and Old N.C. 86 (South Churton Street Extension) and extends in a 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 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 I-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. 4 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 I-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 I-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. 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: a. Cheeks Township - I-85/Buckhorn Road The area proposed for rezoning is located on the northeast corner of I-85/I-40 and Buckhorn Road. The area extends from I-85/I-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/Old NC 86 The area proposed for rezoning is located generally at the intersection of I-40 and Old N.C. 86 (South Churton Street Extension) and extends in a 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. 5 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 I-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: 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 6 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 OI) . Article 8 would be revised to include standards for evaluation of applications for Special Use Permits involving nursing 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 Article 6 would permit impervious surface ratios in protected watersheds to be met by providing conservation easements on adjoining property. 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. r , 7 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 12, 1993 May 19, 1993 8 r ORANGE COUNTY PLANNING DEPARTMENT 9 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 May 7, 1993 Dear Property Owner: Enclosed you will fmd a copy of the Notice of Public Hearing scheduled in part for a rezoning and Comprehensive Plan amendment proposed by Orange County. Please refer to items CP-1-93 and Z-1- 93 in the notice as well as the attached map showing the proposed Economic Development (ED) District in your area. The purpose of the Economic Development District is to provide locations for a wide range of non-residential land uses where impacts are minimized through special design guidelines and performance standards. Above the address on the outside of the envelope you received is a tax map reference number. If the word "outside" appears beside the number, your property is not included in the proposed rezoning, but is within 500 feet of the proposed Economic Development District. If the word "outside" is not beside the number, your property is subject to the proposed rezoning. The Economic Development proposal to be presented at the public hearing on May 24, 1993, includes changes recommended by the Planning Board/Economic Development Corimiaaion Workgroup in response to citizen comments received during the first public hearing held on February 22, 1993. The original proposal presented in February has been revised as follows: 1. Two of the five areas proposed for rezoning to Economic Development have been deleted. The locations no longer being considered are the White Cross and Morrow Mill intersections on NC Highway 54. Boundaries of the East Orange and Buckhorn Road ED Districts have been revised. 2. The land uses permitted in the proposed ED Districts have been reduced considerably. Please refer to the enclosed list of uses that may be allowed in the Economic Development District. 3. The design guidelines and development standards that would apply in the ED District have been refined and expanded to include higher, more specific standards. The Orange County Planning and Inspections Department and the Economic Development Commission have scheduled a public information meeting in each of the three remaining areas proposed as ED Districts. The purpose of these meetings is to discuss the revised proposal and to get input from landowners and neighbors. The formal public hearing to officially receive comments has been scheduled by the County Commissioners for May 24. The meeting times and places are listed below: Date: Monday, May 24, 1993 PUBLIC HEARING Time and Place: 7:30 p.m., Superior Courtroom, Orange County Courthouse 106 Margaret Lane, Hillsborough, NC 10 Date: Wednesday, May 19, 1993 INFORMATIONAL MEETINGS 1. Time and Place: 7:00 p.m., Efland-Cheeks Community Center, Richmond Road Area: Buckhorn Rd./I-85 Interchange (NE Quadrant) 2. Time and Place: 7:00 p.m., Orange County Recreation and Parks Department, Activity Area#1 300 West Tryon Street, Hillsborough, NC Area: I-40/Old NC 86 Date: Thursday, May 20, 1993 3. Time and Place: 7:00 p.m., Pleasant Green Community Center Pleasant Green Community Center Road Area: I-85/U.S. 70/NC 751 (East Orange) For additional information, please contact the Orange County Planning and Inspections Department, (919) 967-9251, 227-2031, 732-8181, or 688-7331 extension 2580.