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HomeMy WebLinkAboutAgenda - 11-28-1983 ORANGE COUNTY BOARD OF COMMISSIONERS/PLANNING BOARD AGENDA JOINT PUBLIC HEARING MONDAY, NOVEMBER 28, 1983 7:30 P.M., SLPERIOR COURTROOM ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA A. BOARD COr4ilENTs B. AUDIENCE COMMENTS 1. Matters on the printed agenda 2. Mattes not on the printed agenda C. PUBLIC HEARINGS 1. Propo ed West Orange Area Study and Land Use Plan 2. Proposed Land Use Plan Text Amendments a. Water Quality Critical Area Plan Category b. Water Quality Critical Area Locational Criteria c. Land Use Plan Goals and Objectives 3. Proposed Zoning Ordinance Text Amendments a. Article 4 - Establishment of Permitted Use Table and Schedule-- Water Quality Critical Area and Protected Watershed II b. Article 5 - Establishment of Dimensional Requirements-L- PW II District c. Article 6 - Application of Dimensional Requirements-- PH II District and Water Quality Critical Area d. Article 7 - Planned Development District-- Watershed Industrial District 4. Proposeld Zoning of Cheeks Township 5. Rezoning Requests a. RezIoning of the property of Bruce Smith in Hillsborough Township from R-1 R-4 Residential b. Rezoning of the property of Thomas Merritt in Hillsborough Township froM R-1 to NC2 Neighborhood Commercial 2 c. Rezoning of the property of Dennis Howell in Chapel Hill Township from R-1 to CC3 Community Commercial 3 d. Rezoning of the property of J:P. Goforth in Chapel Hill Township from R-1 to R-8 Residential 6. Proposed Zoning Ordinance Text Amendments - Other a, Article 9 Signs b. Article 11 Nonconformities --- nonconforming structures c. Article 8 Special Use and Article 20 Amendments --- notice requirements d. Artible 22 Definitions 7. Proposed Sedimentation and Erosion Control Ordinance Amendments a. Section 6 general Requirements b. Section 17 Permits c. Section TB Erosion and Sedimentation Control Plans , 11111111111111■ I MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS November 28, 1983 The Orange oouoty eouzd of Commissioners met in a special joint public hearing with the Orange County Planning Board on Monday, November 28, 1983 at 7;30 P.M. in the Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Commissioners Present: Richard E. Whitted, Chair, Commissioners Ben Lloyd, Shirley E. Marshall, Norman Walker and Don willbnit, Planning Board Members Present: Dr. Logan Irvin, Chair, and Members George Allison, Carl Walters, Frank Pearson, Alice Gordon, Nancy Laszlo, David Shanklin, John Wilson and Sharlene Pilkey. Planning ooard Member Absent: Tom aaoon, In accordance with policy, the public hearing was chaired by oz, Irvin. A. BOARD COONJMB There were no comments. B. LUDIENoE_UMmoNTS 1. kia±t_azs_sm_lba_Exintzd-£,geoia There were no comments. 2. Uici1lz_s-aot-uo_±be-Irimtud-1W2osim There were no comments. C-1 ED%LIc_RELBI02-= St_lIAaga�_&x�.a-Etugly_aod_ILDO_Oza_Elaa Marvin Collins, Director of Planning, presented the proposed West Orange Area Study and Land Use Plan. With the adoption of the 1983 task force report on the protection of the water supply reservoir sites and watersheds, the Planning Board on October 3, 1982 recommended deferring action on the proposed land use for Cheeks Township. The Board of Commissioners concurred. Subsequent study by the planning staff and planning board of the watershed area, Cheeks Township and other surrounding townships has resulted in proposals that are new and different from those previously gceoeoted, The study area, centered on Cheeks Township, includes portions of Chapel Bill, Hillsborough Township, and Bingham and covers 34,125 acres. Three public meetings provided suggestions for this proposed amendment to the adopted Land Use Plan. Concerns include: (1) changing the character of the area, (2) governmental interference and over regulation, (3) need for increased shopping facilities in the area, (4) lack of job opportunities, (5) need to encourage non-residential use, (6) condition of housing in the area, and (7) transportation - lack of maintenance along the roads, and a desire for more paving. Support for extension of water and sewer was strong both for industrial development and for protection of the existing drinking water supply. Other concerns included the lack of police protection and park and recreational facilities. The two basic concepts of the West Orange Area study and Land Use Plan: (1) to provide for activity nodes, and (2) to provide for the orderly development of municipalities. Seven different land classifications are proposed including the water quality critical az=aa. Alternatives available to the Board of Commissioners include: (1) application of zoning to Cheeks Township with no developmental standards to insure water quality protection; (2) control of the shore lines as well as the drainage area into the reservoir, and extension of water quality protection and water standards throughout the entire =rep' Reservoirs, and those lands around the reservoirs are critical and the development standards prepared should be applied to these critical areas. 031 2 Bill Dorsett, Chair of the Cheeks Advisory Council, questioned the map showing the water critical areas and Mr. Collins explained the boundaries. Commissioner Willhoit asked how the water quality critical area was determined. Mr. Collins explained that the land was divided by topography and was then transferred to the property- based map in the study area. This was adjusted so that a person's property would not be split. Commissioner Willhoit requested that this be done on a water quality critical basis regardless of boundary lines. Fred Cates, Hillsborough citizen, requested that the area between Highway 70 and z-85 be included in the industrial area. Mr. Dorsett reminded the Board of the recommendations adopted by the Cheeks Advisory Council on September 7, 19$2 and subsequently presented at Public Hearing. The primary difference in the present proposal is the removal of certan prime developable lands because of water critical areas designation. Richard Ward, resident of Cheeks Township in the water critical area, spoke in support of the plan, stating that Rural Orange County, through its type of small service businesses, along with governmental and educational institutions, account in large part for the low unemployment rate in Orange County. Industrial development must not be allowed to disrupt the existing resources; Regulations on toxic substances are not strict enough and Orange County should develop a toxic substance ordinance to ensure continued public and economic health of the county. Lindsey Efland, concerned Efland resident, noted critical need for sewer services in the area, the ability to develop the area between 1-85 and 1-70 and the amount of land countywide that the water critical area represents, and how far back to run the water critical area. Further study of the concept countywide is necessary. Dr. Irvin noted that the Planning Board is now studying county-wide application of potential water supply watersheds and also that the purpose is not to prohibit development but to limit density, perhaps to the neighborhood of two acres. Dan Lewis, citizen, noted that location of industry should be allowed any place in Orange County so as long as sufficient buffer zoning regulations are instituted. Toby Lipton, speaking for the North Carolina Occupation Safety and Health Administration project, noted that an impact study relating economic development to the community and environmental health supported the land use plan, and encouraged the zoning as gcopvoed, The study showed that protecting resources does not limit industry from coming into the urea' The Administration project supports the right-to-know ordinances so that people are aware of the toxic chemicals and/or substances used. Michael Teer, President, Cane Creek Conservation Authority, questioned whether the water critical area concept would be expanded countywide. (oc, zzvlo noted no decision at this time) and if there were any regulations in affect now similar to those in Orange County to which Dr. Irvin answered negatively. Mr. Teer, expressing a specific concern regarding his land, was told by Commissioner Whitted that his land would be exempt from this proposed zoning ocdinaoce' Susan Smith noted requests from Mike Riley of Arkansas and Mabel Gordon for rezoning of tracts they own to industrial. Ms. Gordon's tract is located in the water quality critical area. C-2 Pro r` o� C-3 Er/zpa.52�-1uoim.G-DxiWamc.e_T2zt-ainnOppn±a 3 Susan Smith requested consideration of C-2 and C-3 together. (see gages of this book) Susan Smith presented the item, reviewing each of the ' ' proposed districts and the requirements of each of the districts. Valerie Carter, President of the League of Women Voters of Chapel Hill-Carrboro, reported that on May 5, 1983 at the annual meeting, the League of Women Voters adopted a study on water quality to reach a consensus on issues and actions that would assure and protect the quality of the drinking mstec, Regulations should be adopted at the local level to protect the water quality and water supply in Orange C000ty' The League of Women Voters urged adoption of these land use plan text amendments for identifying and regulating land development in the water quality critical watershed areas in Orange County. Lindsey Efland questioned the two acres standard and the provision for road frontage, stating that most industries are located on at least ten acres of land; the requirements for screening large parking lots is unreasonable; restrictions on business should be reviewed because most businesses that come into our area are small, and we must not regulate the small businesses out of existence. Max Kennedy, local contractor, expressed his concern for those people who want to build homes or start businesses in Orange County: the goal is to provide adequate, reasonable, safe, and suitable housing and the wording of the documents seem to prohibit that; the 6% required of impervious areas is excessive; the language in 9,3 prohibiting public water and sewer services. Gordon Brown, resident of Chapel Hill, spoke in opposition: the land use plan assumes: (1) the 7-mile creek reservoir will be built, (2) technology will not advance through the years so that industrial land use would become compatible with good drinking water, (3) the economic needs of the township will not someday outweigh the interest of other parts of the County in terms of what it wants to do with its own land, (4) that planners are able to forecast the economic development in this particular areas over the next twenty years, (5) by locking off this area into a highly restricted mode of development that the land will increase in value. He made note of the fact that there are to be no lines in the water critical area and/or in areas where the minimum residential lot size is two acres. He made a legal comment, noting that the ony way to accomplish the task is to create a water quality critical area as a special area of concern or special overlay that is in a district in itself. Within the designated special overlay, that it would be appropriate for people requesting zoning or use consideration, to have to address concerns regarding water quality as is normally done under a special use or conditional use program and thus considered on a case by case basis. Margaret Holton, LWV-Chapel Hill-Carrboro Task Force expressed concerns about the protection of the water supply and the actions that need to be taken now to protect the future of the water supply in Orange Couuty, Once pollution has taken place, it is very hard to clean up so that development should take place away from the critical areas. She supports tbe recommendations. Mr. Efland asked if there was any consideration for underindustrial development as there is for residential development and if all developments would have to be served by underground power which would create problems with the power industry. Max Kennedy noted that in the study for West Orange, it states that the power plant would be "operated, and maintained by a public agency," and m`pstinne if this cr*atea a conflict. []33 4 Mr. Ray expressed his concern for the natural state and what would be the minimum and maximum llmitctioum. Ma. Smith stated that the maximum area would be about 190 feet for the portion not cleared and the minimum would depend upon the slope. C-4 pcoposmiop 0.f-cbeDis521uuasbip. Marvin Collins made the presentation noting the proposed zoning classification for non-residential use classification, and the cost associated with the development (primarily water and sewer) . Commissioner mhitted asked the procedure for determining the portion of the existing classification to be reclassified or zoned for non-residential. Mc. Collins replied; the survey done by Cheeks Township (2) the tax maps which designated the dimensions and size of each property, and (3) the actual acres covered by a particular piece. Commissioner Lloyd noted (1) that zoning in Cheeks Township has probably caused more controversy in the County than anything else while the zoning ordinance refers to harmonious development in the County; (2) that after the October 3 meeting, he was approached by Chairman mhitteu regarding the concerns of the people in Cheeks Township; (3) he requested an immediate up-to-date copy of the ordinance and the land use plan to study and come up with the best usage for Cheeks Township; (4) that there has not been enough time for the people of Cheeks Township to review the proposal and come up with a recommendation; and (5) the need to have the engineering study results. He would like this zoning done in a harmonious manner acceptable to the people in Cheeks Tovuship, Lily Cobble, Cheeks Township, noted opposition of rezoning at Cheeks Crossing stating that she is proud to live on her one acre in this area. Dr. Irvin noted that there are zones that contain only one or two acres, and this presented no problem. Dr. Irvin read a comment from the newspaper quoting uc. Gastineau, Chairman of the Economic Development Commission, "The creation of the Commission was one of the greatest things that has happened here because EEOC will help lure industries to sites by securing the necessary zoning and utilities in advance. If the zoning is right, it saves the industry so much time and speeds things og, Any further comments on this item will be received on December 14, 1983' C-5 Iazamiog-I&eQuurts a. BgzDcdn_g-al_tb2_2rcgleutBzug2 gmitb 'io_Billsbluzuual_Tomoz1ip_-jrzua R-I to R-4 Residential Jeff Coutu made the presentation. (see page 44 of this book) . The purpose of this request is to enable residential development on 10,000 square foot lots in order to provide less expensive single-family homes. The Land Use Plan designates this as a 10-year transition area and it is reasonable to assume that the Town of Hillsborough would annex the area within 10-20 years; according to Clarence Rosemond, Water and Sewer Superintendent for the Town of Hillsborough, water service is available by way of a two-inch main, Sewer service can be made available by either installing a force main or by relying on a gravity flow system. The developer would have to bear the cost of extensions of water and sewer facilities. No citizens commented. Commissioner Whitted asked the proximity of 1-40 to this property. Susan Smith explained that this tract would cross old 66 east of this pcppecty, No citizens commented. Dr. Irvin received a request from the Town of Hillsborough to hold this open for their comments. b. Rezooiosi-cl-tbe Propez rouob-Tumosbip from n-1 to mC2 Neighborhood Commercial Jeff Coutu made the presentation. (see pages, -.r:2 of this book) The purpose of this request is to expand the existing use (Orange Garden Center) which is presently located on a portion of this property currently zoned as NC-2. The property size is 2'77096 acres, and is within the HB-3, at, Mary's Node. He noted that the purpose of the Neighborhood Commercial II (NC-2) zoning district is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. Water supply and sewage disposal facilities are provided by the Town of Hillsborough. No citizens commented. Dr. Irvin announced this item will be held open for comments from the Town of Hillsborough. C. Rezooiog-oJ_tbe Propezty_of DenoJz-BoualI-jn_ampel'211.1-Tu3ozuid�� from R-I to CC3 Community Commercial 3 Jeff Coutu made the presentation. (see pages _c4 -r7 of this book) The property is located on the south side of Weaver oaicy Road and on the west side of NC 86, tax map, lots 27, 27C and 27o. The request is to enable commercial development and that the purpose of the Community Commercial-III (CC-3) District is to provide suitable size sites for commercial, office and service uses including limited automotive, convenience, durable goods, and other similar uses. The site is designated in the Orange County Land Use Plan as 10-Year Transition and as a Commercial Transition activity node. The applicant is requesting a "General Use" zoning designation, not a planned development category. The request is thus at variance with Section 4.2,I0(6)2 of the Zoning Ordinance. Water and sewer lines are available to serve rinbezlyoe Shopping Center and could be extended to this site. A 16-inch water main exists on Weaver Dairy Road, while an 8-inch sewer line is available in Banks Drive adjacent to Timberlyne. The site has direct access onto NC 86 and Weaver Dairy Road, and both roads are designated as arterial streets in the Land Use Plan. In 1983 the average daily traffic on NC 86 was 8,976 vehicles per day and 3100 on Weaver Dairy Road per day- mr.cvotu submitted for the record comments from the Chapel Hill Planning Department. (see page4/9~51 of this book) A person from the audience asked if it was ever established if there was access from the corner to uo' Kenneth Cheek, resident of Weaver Dairy Road spoke to traffic problems and the unwillingness of Chapel Hill to solve them. Robert Page, representing mc, and mcs, Howell, stated that since the present Zoning Ordinance lays the groundwork for change in zoning classfication and since the Ordinance was passed in September, 1981 there is justification for the reclassification from R1 to CC3. The three criteria for considering a zoning amendment are: (1) to correct a manifest error in the chapter, (2) to accommodate changing conditions, and (3) to achieve the purposes of the comprehensive land use plan of Orange CuontI. The Ordinance further states that if amended, it should be amended as reasonably necessary to promote public health, etc. Mr. Page stated that their is no existing use of the site at this time. Two large buildings are not presently in use. To rehabilitate the buildings would not justify the cost and this land is not now economically rnntinne in sinole family residential use. The residential area (23E surrounding the property is partly owner occupied and partly rental. With rezoning, when the shopping center is finished, determinations for the potential of this land can be made. The comprehensive land use plan for Orange County designates this land as 10-Year Transition and as a Commercial Transition activity node. Mr. Page stated that in 1979 special use permits were issued for the development of 200 acres and the Orange County Board of Commissioners rezoned six acres for use as offices. The Department of Transportation has said that as soon as the shopping center opens, they plan to make a traffic count to determine if a signal is needed. Mr. Page noted the need for this signal now. If a signal is installed, the traffic conditions will be regulated and safe traffic patterns will be established for this commercial area. He noted the changed conditions in the area - the opening of the shopping center; the offices underway; the Village Company building; the offices south of this property and the fire training station. The existing zoning map does not reflect these changes. In anticipation of objections made by the Planning Staff of Chapel Hill and Orange County, Mr. Page noted he would like to enter his remarks regarding the suggestion that a planned development be brought forth. He stated that zoning consists of plans to contract and direct the development and use of property providing for present and future use - and noted this is a future use. He stated that most North Carolina cases have always said that ordinances are invalid when the surrounding uses of land make a tract unusable for residential purposes. The Orange County Planning Staff has recommended that this tract come before the Board as a Planned Development. He noted that present surrounding uses make this tract invalid for residential purposes. The Town of Chapel Hill Planning Staff has recommended that this tract be considered a Planned Development. After having read the Planned Development Ordinance, it is his understanding that the public can accommodate flexibility in the development of land where there is a desire to apply regulations more flexible and not less flexible than perhaps the Planning Staff would like. In regards to variances, it seems that in the Ordinance, the concern is for structure, topography and the whole making of uses for offices, institutions, commercial, recreational facilities, single family, multi-family or otherwise. If the principles of the zoning law are applied to this tract,it seems that this site would not be conducive to planned development, which is less than three acres and that planned development reasoning would not apply. Hr. Page made reference to the question of access to 86: there would be an access to 86 off of this property, and because this is a corner lot there would be two entrances. No other citizens made comments. d. Bazoning_ol J.p. GpfDltb_kraperty_in_Chapel Ri21_TDmnzhip_fx_m_B=1_ta R-8 Residential Jeff Coutu made the presentation. (see pages ,..1-0-47 of this book) The request is for rezoning from R-1 Residential to R-8 Residential for the purpose of allowing reasonable development as a residential site. The lot size is 44.8 acres and abuts the Chapel Hill zoning/corporate limits jurisdiction. The Land Use Plan designation of the subject property is 10-Year Transition; water and sewer lines would be extended at the developer's expense to serve the property. Immediate water service can be provided by OWASA by way of the extension of a- 12 inch or 16 inch main from a 16 inch main on Weaver Dairy Road. A longer line is needed to serve properties to the north of the proposed 1-40. Sewer ��� �~. service can be provided by nwaoa by extending an 8-inch line from existing developments adjacent tberetn, Access to a classified arterial road is provided by access to Weaver Dairy Road. Chapel Hill's adopted thoroughfare plan cells for the widening of Weaver Dairy Road to a 65-foot cross section (five lanes) with curb and gutter. The Land Use Intensity System, which is applicable to R-5 and greater residential developments, requires the provision of 1.75 acres of recreation area. mr, Coutu read and entered into the record a statement from the Chapel Hill Planning Staff, and letters from Charles Pullian and Roberta Wollever. (See permanent agenda file,) John Buck read and entered into the record two petitions from residents of Weaver oaicy Road. (See ferp*m=mt agenda file) Newton Fisher entered a° plea to delay the rezoning to allow consideration of transportation hazards and difficulties, and consideration for the present attractiveness of the area for the elderly. He expressed concerns about increased deooity. Arthur Wurner, President of the Booker-Creek Association expressed a concern for traffic on Weaver Dairy Road and noted the possibility of the count going from 3100 to 0000 because of new development in this area. The Town of Chapel Hill has not considered any new developments which will extend further out on Weaver oairy Road and have taken the position that it does not have the responsibility for improving the roads and any improvements must be either done by private developers or by the State. He noted that the intersection of Weaver oaicy Road is now at a point where prime developers have developments which have been approved and are not able to acquire the land for the right-of-way to widen Erwin Road and to improve Weaver Dairy Dond, John Dupree of Carol Woods stated that his primary concern relates to the privacy of the elderly (approximately 325) , in Carol Woods on the adjacent tract. He suggested that the development be rezoned to n-5 instead of R-8, thus suggesting that this might be more compatible with the adjacent properties including Carol Woods. 6. Em nncI onTS - OTHER Article 9 sisoa Sue Snaman, Orange County Planning Intern, reported that the proposed amendments to the zoning ordinance are intended to remove inconsistencies contained in Article 9, entitled 'Signs' . There is also a change to Article 22 which clarifies the definition of on-premise signs. Within the statement of intent included in this section, further clarification is provided so that regulation of signs is a per lot basis as opposed to a per use basis. The designation of the lot is based on the description of the lot appearing on the current tax cule' Where a non-residential use by right or by special use permit occurs in residential zones, one sign less than 6 feet high and 16 square feet would be pecmitted, Other amendments of a minor nature to clarify the sight preservation triangle at crossroad intersections, and the size, number, and duration of election signs are included. The most extensive amendments are contained in Table 9.11 which she summarized: (1) Brings county sign regulations into accordance with sign regulations contained in the North Carolina Outdoor Advertising Act which restricts billboards along interstate and federal and primary highways. (2) Pole-mounted signs, whether on or off premise,i are limited to one sign with sign area determined by the zoning district in which the sign is located, (3) In residential districts where home occupations are permitted, each lot may contain one sign with a maximum area of 93' The staff has, over the last six months, photographed and documented all commercial signs in zoned areas of the County, and received public comments from sign manufacturers and business persons. There were no citizen comments. b. AKtiOle lUpD nczrni tie S_ J1O ncyrifgrldna StrII.OklUea Susan Smith made the presentation. (See permanent agenda file) A discussion at the May 23, 1983 meeting again centered on the perception by some that: (1) an individual owning a one-acre lot ("lot of record") in a protected watershed with a two and/or five acre minimum lot size requirement, could not build a dwelling on that lot, and (2) a dwelling constructed on a non-conforming lot destroyed by fire to the extent of 75% or more of the floor area, could not be reconstructed. The Board of Commissioners had asked on flay 23, 1983 that amendments be drawn to clarify these questions that persist. Attorney Gledhill noted that the proposed amendment did indeed clarify the intent of the Ordinance, though in his opinion they were unnecessary. Be suggested to the Board that the dimensional requirements regulating front setback, side and rear setback and maximum building height be waived entirely rather than on a case-by-case basis. There were no citizen comments. s- Articla_a_Epaz.izI_Uarl_anf_Bri _21Lafferglaealt.5 Nolisa_iaazaizeaenta Susan Smith made the presentation. (See permanent agenda file) The changes proposed would bring the period for notification provided in the ordinance in compliance with the 1981 amendments to the General Statutes. Commissioner Willhoit questioned the purpose of the amendment, having assumed it merely applied to computation of the period of notification. Ns. Smith stated that the proposed amendment would both reduce the minimum notification period from fifteen to ten days and specify the manner of computation. Attorney Gledhill indicated the computation method was commonly utilized by the legal profession but included for clarification. There were no citizen comments. clg_22 DefinitinD3 Susan Smith made the presentation (See permanent agenda file) The inclusion of the definition of "on-premise sign" was needed given proposed changes to Article 9, Signs. In response to Sharlene Pilkey's concern for the use of flashing lights, Ns. Smith stated that these were viewed as hazards and were not permitted under the current ordinance. Ms. Pilkey then questioned the continued existence of such signs in Eno Township, and was told that the staff had conducted a sign survey identifying such signs and they are now waiting for approval of the proposed text amendments before notifying owners of non-compliance. She added that new non-conforming signs, however, would have to be removed immediately. There were no citizen comments. 2 _RED2DSBD RODIDENTATION AVD_LED,S=11 COMM, OPAIBUCE_MBEDMENTS a.____EectiLID_E_LanexLl_EtaZar_eEeEts Warren Faircloth reviewed the proposed changes. (See permanent agenda file) In response to Commissioner Lloyd's concern for the costs of permits, Mr. Faircloth noted that fees vary with the amount of land disturbance, but would equal approximately $50.00 per acre. Commissioner Lloyd questioned whether seeding a yard would require a permit. Mr. Faircloth noted that if the activity covered more than 1/2 acre it would technically require a permit. qa There were no citizen comments. With no further business before the board, by consensus, the meeting was adjourned. Richard E. Whitted, Chair Beverly A. Blythe, Clerk APPROVED 1/17/84 ~ - : = I N D E X 11/28/83 AGENDA ITEM ABSTRACT PAGE PAGES C-1 Proposed West Orange Area Study and Land Use Plan I- 1-2 d Land Use Plan Text Amendments °- - C-2 Propoae .- � O-l3 C-3 Proposed Zoning Ordinance Text ����� Proposed d Zoning of Cheeks Township 14 14-18 C-5 Rezoni ng Requests 19 19-26 a. Bruce Smith Property 27 27-34 b. Thomas Merritt Property 3S 35-41 c. Dennis Howell Property 42 42-49 d. J. Y. Goforth Property C-6 Proposed Zoning Ordinance Text Amendments ~ Other 50 50-57 G8 58-60 C~7 Proposed Sedimentation and Erosion Control Ordinance Amendments �'. � ~ ~ � ^ ��.� _ ~411.1101. RAE COUNTY . COMMISSIONERS ACTION AGENDA° MEAC.BrIOOANRDAOGOEF NNDGA ITEM ABSTRACT ITEM NO.DATE NOVHj 28. 1983 SUBJECT: PROPOSED WEST ORANGE AREA STUDY AND LAND USE PLAN DEPARTMENT: MANNING f—P-UrL IC HEARING: X YES NO •/,••• — . . . . •;„ ATTACHMENT(S): INFORMATION CONTACT:mARvn,,/ caum—s PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 . • DURHAM - 688-7331 , TO re.-*vie public carmant an the TAbst Orange Area Study and proposed Land PURPOSE: Use P . • • NEED: The Orange County Land Use Plan was adopted in Septeuber,-1981 by the Board of ComuiSsicners. The Plan was adopted with the knagledge and understanding that it 14as not a final doctraent, never to be changed, but one which would be subjeet to an on-going process of refinement. As part of the refinement process Was intended that certain areas, particularly activity nodes, in the County be subject to further scrutiny and refinement by the Planning Staff an Planning Board as area studies. A number of area studies were incl .-d In the naming Department's work program, including an area study of the I-85/US7(i corridor west of Ilillborough. The area study is'more counnnly known as the, West Orange Area 'Study and includes portions of Cheeks, Iiillsbariugh, Bingham and Chapel Hill Townships. The Planning,Departinent has been conducting the area study since September , 983 which included the preparation of base maps and compilation of data on soils, topograph*',,land use, hydrology etc.; cenducti'ng'.a series of public teetings, as well as township advi,sory council teetings; and the development of a propo•al to amend frhe adopted Land Use Plan for this area which takes into account the ' desire for industrial develapmnt along the corridor as well as the need for protection of the nnst critical areas of the watershed. *PACT: The consideration and adoption of a proposed alternative to the adopted Land Use Ilan Would substantially address previous concerns expressed by residents:of'and proPerty-owners in the study area. The proposed plan seeks to blalan,ce the desire for industrial developue.ut opportunities as well as,maintain and.protec the water quality of the existing and propoled public water supplia-S-'for Hillsborough and those areas served by Orange Alamance. . . • . . . . , • - • • . , RECOMMENDATION(S):- LLL_ - - • • . . . . ..,,,:. 02 : . .,i. -,,- \A/EST ORANGE :.. .., AREA STUDY ,:. . : 1. .. , 1117777.4).'"7-. ::::: \ IrARO. 4,----, ' SY'. '*-8 - Qs?' ta--7--- "":""a":" -,e....4,,,...4,, **0 , 41 't•1. EL'::::::Ii:: ::Eff-7 ''';:-.f...-...11 ,j,`....,,,k.0,- ,,A,...C:, -9.(.1,10''i ;4. iri, ? . 4,' I — 4..._ ...me, ....- -• -. 1 -- - -...----:,.e*.",ft,..:2 0,),-",".■#1,'••'.%1 i ; g.T••',. ,;"7"1' .'-",,,o - ..7.:- - ::::3e;N:.'1-:;'.•' ..I dr- ,.,, ,,,..:,-,y- ,,..,-, t :., .!•:. '4•, A it.A. 4•-. :-.,, ,:l ' .. .;,,,.- •.••,•`t,o• ;.::.,..,:,- •,,t.'•E;V„..,.:+i,..: ,:.: '..,, fac.„4 ..;_i....,..,...n. .,, ..ati, • , '1".7'TB 1 ---7.- • -.... 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AA ‘ ' ' - ' -" rii ."'",„ I "1--!°. 44%,,-. .f.t1,..4'r..i;}:‘,J,10.4,‘,..kliVatiffr', •:', -__. .,.• .,....- 4 ----'''''',. ,T-=:-.:.0-,"---4';'7:.'-' - '''' t..p,.... ..,,t-•P'''f'.#0•.•:-.',.•17: •.:• ' " -"4-'''AII&Ak... A-'' ....'"AIV:' .......* )1Pir /- ' '...,‘-%.Fri:•N?" ' 4 'T4V--:-.!.....Tit•Ali,i'2-A!;:-t't,-.7.:',.:r.f--!!.*-i.7',,a7w.41 ' ...--7.----z-- --2 i.4,0 z --,,,,,.. ,:.-41,1.:. -•-.- ‘.....,_,* ' ..../,' -' • -, , .- •--. --:', .-. 4. jr,,,...-4r, 1.0..- • f _,,, % ' f i 1, 'life• -- • .i,'.--,:...: ' .0,-,;:zo„,,..:,-;?..;,. :-4 '..,. - - . ',o--'• '4'•,i "‘'‘ ,.. rio0^". pr.,,,:;to,,.:,,•.,=,-,:r.: i \ I , ‘ 4.,‘P' 4z.=..-',....c 4., i 4e I j ".; 4 V p it ."11 .---'. • _. • N .-- - -_,--....r.,...--.740, , -- --i--,,----.0 , 11 7 %., •4.*-'\ . i Oh`;"*. h. -- 4- 1 0. ..,,, jp. t 1 n11"4"0" 1 NANEt01 AP i l'-'.., lik . ,t7 li \ ' '1%. ,* e. i r . ? - „ , fi #• 1„,,, .. ....,,1•- 1 4- \ . ,,,,„., ,^` 1 k - Ail ( ' ,.."- .4.... li 1 „,o,,, ,,• i 0'1 / ,,, ....-4) , t - if 1 / 1 \ 0. 1- ' \, - I '• t .,.. ..q ‘ \ t ., . . — LAND USE PLAN CATEGORY LESGRYPITONS i .-AN. Land that is within the Car orate limits of a town end, the,"efor urc—a-14-33 r the Juriscattion of the Land Use ?len for the Tam. , - " , 1 10-YEAR TRosrric,,I. Land located In areas that are in the process of changing fl-au rural to urban, that are suitable for urban-type densities end should be provided with public utilities and services within the first 10-year phase of the ?lam I ME20:-YEAR TRialsrliort. land located in areas that are in the process of changing from rural to urban, that are suitable Farr urban type densities end should be Provided with public utilities and services within the second ID-year phase of the Plan. _ _ 741 pIt't e tar low ini r'ity legdtr rurality-reasstifien the. devetYloprecjInt is which would not be dependent on urban services during the plan period. 1 1 ta 1 ttcumm Ar,,:s=•nza.t.,. Land in the rural areas where the trevailinS land are activities are related to the land ;assriculture, forestry) end which is an appropriate location for the continuation of these uses, 1 ..._____.... :......,, • FL,'BLIC 1UE9SS"1'Ana. land which contains public or ouasi-puhlic uses sack "•'"."'"' as publicly awned lend, research forests or known archaeological or historical sites. 1111,111kalltd WA..1 SUPPLY Land draining t existing:vs. ervoirs which serve as public water supplies for the County, or to potential reservoir sites !..each have been iesigr.ated for protection against threats to the water nua/ity at future water supplies. ,.,-,..,,....4 WATER QUALITY CRITICAL AREA-Land draining directly to ' a'water supply impoundment by overland flow and inter - flow or to the main channel of trunk streams feeding the impoundment. t- ?, CONIGICIAL-YNOUSTRIAL ersections TIvmsrr.tat=In=Nom. Land focused rn desiznated =ad int within eitrar a 10-year or 2C)-year transition area that is apprspriate for recall and other=martial uses and/or mnuratturing and other industrial, uses. . . lemwewmew...... I ORANGE COUNTY 03 BOARD OF COMISSIONERS ACTION AGENDA a ACTION AGENDA ITEM ABSTRACT MEETING DATE NOVEMBER 28, 1983 SUBJECT: PROPOSED , USE PLAN AND ZONING ORDINANCE TEDiT AMENDMENTS FOR THE PROTECTED WATER SUPPLY WATERSHED AND WATER QUALITY CRITICAL AREAS IDEPARTMENT: FLANNEG PUBLIC HEARING: X YES NO • ATTACHMENT(S): . I INFORMATION CONTACT. MARVIN coLuNs ROPOSED .Mg MUNIMENTS PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 • PURPOSE: To receive public coment on the proposed text auendments to the Orange County ! A d Use Plan and Zoning .Ordinance. • NEED: To address the need for public water supply quality protection efforts and to respOnd to citizen concerns about the adopted County land use requires ts, , particularly in water supply watersheds, a comprehensive review and refin-,. t of the county watershed planning standards was conducted. In response to Concerns regarding the blanket application of planning standards to all -J- . within 4 water supply watershed,regardless of proximity to a water body,and the lack of development standards for water quality protection, the foil. plan categories and associated zoning districts are proposed for water supp y watersheds: o retention of the Protected Water Supply Watershed plan category (Cane Creek, University Lake and Upper Eno watersh.ds) o adrliticM of a Water Quality Critical Area plan category which includes lands iuuediately adjacent to a water supply reservoir o retention of the Protected Watershed II District o addition of the Water Quality CritiraT Area District o addition of the Watershed Industrial District and correspon ' g Planned Development Watershed Inductrial District IMPACT: The consideration and adoption of these proposed text amendments to the Land Use Plan and Zoning Ordinance would provide for protection of the most critic ]. areas of the water supply watershed,as well as set development standards for the waterahed, yet permit non-residential (comercial / industrial) developer t in the least sensitive areas of the watershed. RECOMMENDATION(S): Xi NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE LAND USE PLAN OF ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina Chapter 153A1 Section 323 and Section 343, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse,106 East Margaret Lane, Hillsborough, N.C., on Monday, November 28, 1983, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of proposed amendments to the Orange County Land Use Plan. The amendments under consideration are as follows: The proplosed area plan for the West Orange Area Study, as shown on the map below. The proposed area plan is on display for public review in the offices of the Orange county Planning Department, Orange County Courthouse, 3.3 LAND USE PLAN CATEGORIES CONSERVATION Public Interest Area . Water Supply Watershed: Water Quality Critical Area LAND USE PLAN CATEGORY DESCRIPTIONS WATER QUALITY CRITICAL AREA - Land draining directly to existing or future water supply impoundments by overland flow and inter- flow, called shorelands, and draining into the main channels of trunk stream emptying into the impoundments. 3.4 LOCATION CRITERIA Locational Criteria and Evaluation By Land Use Plan Category PLAN CATEGORY: WATER QUALITY CRITICAL AREA Land. Slope. No evaluation* Hych.pl_g_my.t.... Located in areas which drain directly to a water supply impoundment by overland flow and inter-flow or which drain directly to the main channel of trunk steams feeding the impoundment. Flora and Fauna. No evaluation Soil Conditions. No evaluation Public-Services/ Located in areas which should not be served _Utilities, by centralized public services and utilities. Transportation No evaluation System. Energy Use, No evaluation Existing Land Use, Located in areas which are characterized by low density residential and minimal non-residential development. Agriculture and No evaluation Forestry. Population Density, Located in areas with low population densities. Historic and No evaluation Cultural. *No evaluation - means this item is not a criteria for the application of the Plan Category 1 3.5 LAND USE GOALS AND DRAFT POLICIES that GOAL V/VE: The management of growth at is is directed to areas where growth is desireable and can 05 be accomodated. REVISE 5.3 Direct intensive land uses to existing urban areas and areas designated Transition areas and away from areas which are suitable for continued agricultural uses and which are protected as water supply watersheds and water quality critical areas. ADD 5.19 Designate land in water supply watersheds which encircles the water supply impoundment and which drains directly into the impoundment and into the main channels of trunk streams feeding the impound-. meat as Water Quality Critical Areas, not suitable for moderate to high density residential development or non-residential development, GOAL NINE: The provision of water and sewer lines in those areas which can be practically and efficiently served by these facilities. ADD 9.3 Prohibit the establishment of public water and sewer services in the areas designated Water Quality Critical Area except to address emergency situations. GOAL TEN: Clean and safe water supplies available and adequa to meet future needs of the residents of Orange County. REVISE 10.2 Adopt and implement policies which specify land use patterns and intensities of development in water supply watershed and water quality critical areas that will minimize potential adverse impacts on water quality. REVISE 10.10 Direct urban development pressures in the I-85/VS 70 corridor in the Upper Eno watershed in Cheeks Township to the areas designated Ten and Twenty Year Transition Areas and away from the areas designated Water Quality Critical Area, GOAL ELEVEN: Adequate and appropriate sewer disposal facilities for all current and future residents. ADD 11.9 Prohibit package sewage treatment plants in the areas designated Water Supply Watershed. ADD 11.10 Establish an on-site wastewater treatment inspection program within the portions of water supply water- sheds designated as Water Quality Critical Areas. 013 Article 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4.2,27 Protected Watershed II (?W-II) District b) Application Criteria 2, Where applicable the requirements of the Water Quality Critical Area shall supercede or supplement the requirements of the PW-IT District as specified in Section 6.23. 4.2.28 Water Quality Critical Area (WQCA District) a) Intent It is the intent of Orange County to regulate the uses of laud and structures in the portions of water supply watersheds which are immediately adjacent to the water supply impoundments. The quality of water in these water supply impoundments can be affected by the activi- ties of man, including farming, construction, non- residential growth, especially in the areas closest to . Impoundments, The intent of the Water Quality Critical Area (WQCA District) is to apply a set of regulations for water supply protection to portions of the voter supply watersheds which drain directly to water supply impoundmen and which drain directly to the main channels of trunk stre ms feeding the impoundments so as to establish higher developm nt standards in the these areas. b) Application Criteria The Water Quality Critical Area (WQCA District) is • established as a district which overlays other zoning district established in this ordinance. The new use of any land or any new structures within the Water Quality Critical Area (WQCA District) shall comply with use regu- lations applicable to the underlying zoning district, as well as the requirements of the WQCA district, 1. This district will be applied to portions of protected water supply watersheds as designated in the Land Use Plan. • 2. This district shall comply with use regulations applicable under the Protected Watershed II (PW-II) overlay district. 4.2,29 Protected Watershed Industrial (PWI) Dietrict a) Intent The intent of the Protected Watershed Industrial (PWI) District is to provide appropriately located and sized sites within the protected watershed area for limited industrial uses engaged in manufacturing, processing, creating and assembling of goods, merchandise or equipment. Performance standards will be used to insure the absence of adverse impacts of the use on the quality of water in the water supply watershed. The location of the district is recommended in areas within the least environmentally sensitive areas of the protected watershed area. b) Application Criteria This district will usually be applied where the following conditions exist: 1, The site is located in the Protected Watershed-II (PW-II) district. 2. Lot size for individual uses shall be a minimum of ten acres. 07 3. Access to the site shall, consist of direct vehicular access to streets designated either arterial or collector in the Orange County Land Use Plan. The developer must show that the existing facilities are adequate to handle the proposed weight and amount of traffic or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs, Access to rail service is desirahle,but not required. 4. The use is "dry" in nature and shall not use, produce, store, consume or discharge any hazardous or toxic substances in their manufacturing processes in quantit'es equal to or exceeding the amounts specified in the mos current EPA list of Hazardous Substances and Priority Pollutants. The applicant shall provide a complete description of substances used or produced in the man- . ufacturing processes. 5. Sewage disposal proposed for the district shall be appropriate for the use. ARTICLE V ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5.1.2 SCHEDULE FOR NON-RESIDENTIAL DEVELOPMENT LOT BY LOT, PLANNED DEVELOPMENT MIN LOT MIN.LOT REQ REQ. MAX MIN GROSS MAX GROSS LUI MAX FLOOR - REQ MIN REQ MIN AREA USE WIDTH FRONT' SIDE/REAR BLDG LAND AREA LAND AREA AREA RATIO .--OPEN -PEDESTRIAN SETBACK SETBACKS HEIGHT SPACE LANDSCAPE — _; RA'DIO---RATIO PWI LOT 400,000 200 50 50 45 400,000 ------- PD 400,400 - - - 45 400,000 ------- .43 .246 .75 .30 d $ 1 ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS 6.23 EL:traileauirements for Protected Watershed Districts 6.23.5 Minimum Lot Size Regulated The minimum lot size for a commercial use inthe.Protected :a Watershed District shall be two (2) acres. The minimum lot size for an industrial use shall be ten (10) acres. The • minimum residential lot size shall be determined by the waste- water treatment system applicable, 6.23.6 Industrial Development Regulated To assure compatible industrial development in the Protected Watershed II (PW-II) District only light industrial uses characterized as low water users and not using, producing, storng, consuming or discharging amounts of hazardous and toxic substan as in excess of the amounts specified in the EPA listings are perm tted. No industrial uses shall be permitted in the portions of the PW-II District designated as Water Quality Critical Area. 6.23.7 Infiltration of the First k Inch of Runoff from Im.ervious Surfaces Stormwater runoff carries large amounts of oil, nutrients, meta s, bacteria and other pollutants. The quality of stormwater runof is closely associated with the /and use from which it originate-. The most significant factor is the increase of impervious surfa.es which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first fl sh" of runoff. To control this pollutant load within the Water quality Critical Areas the first half-inch of runoff from all imperviou surfaces in new developments shall be infiltrated on-site. Developers shall be required to submit documentation which indic tea compliance with the specified standard. 6,23.8 Percentage of Undisturbed Area Regulated Soils which are seriously disturbed, even if revegetated, can generate nearly as much runoff as paved areas. Within Protected Watershed II districts at a minimum the amount of undisturbed area necessary to meet impervious surface requirements provided in 6.24.6 shall remain undisturbed during the construction process. The area to remain undisturbed shall include those portions of the lot which are most environmentally sensitive eg. highly erodible soils, steep slopes, floodplains, as well as those portions of the lot utilized for stormwater infiltration. All clearing limits chall be clearly marked and observed. However, no less that 50% of a lot used for non-residential purposes shall remain undisturbed. 6.24 Extra Requirements For Water Quality Critical Areas 6,24.1 Minimum Lot Size Regulated The minimum residential lot size in Water Quality Critical Areas .hal be two (2) acres. Commercial and industrial uses are not permitt.d. 6.24.2 Stream Ituffers Required in Water Quality Critical Areas Within the Water Quality Critical Area, an area of land along perennial and intermittent streams shall be required to remain in its natural state, unless the area is subject to serious erosi. in which case erosion resistant improvements to the vegetative cover shall be established and maintained. Perennial streams are those streams shown in solid blue on the USGS Quadrangel maps for Orange County; intermittent streams are those streams shown by broken blue lines on the same maps. , r---- w.: .,' 6,24.3 Width of Buffer Calculated ,'. The stream buffer area shall be calculated as provided in - Section 6.23,1 a) except that no maximum buffer shall be specified, 6.24,4 Distance of Structures'froM Water Supply Impoundment .. Within Water Quality Critical Areas, no structures may be constructed within 150 feet of the high water mark of the water supply impoundment, • 6,24.5 Location of Septic Tanks and Nitrification Fields Within Water Quality Critical Areas new septic tanks and their nitrification fields shall be located a minimum of 300 feet from the edge of a'water supply impoundment or perennial or intermittent stream as shown on the USGS Quadrangel maps for Orange County. 6.24.6 Impervious Surface Regulated in Protected Watersheds An impervious surface is any surface through which water cannot penetrate or can only penetrate slowly. This would include paved streets and parking lots, concrete sidewalks, and structures which cover land. As a watershed becomes developed, the amount: of impervious surface increases causing a decrease in soil absorption of stormwater and an increase in direct runoff to streams and water supply impoundments. In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments impervious surface ratios shall be required as provided in Section 6.23.4. . . 6.24.7 Percentage of UndistUrbed Area Regulated Soils which are seriously disturbed, even if revegetated, can generate nearly as much runoff as paved areas. Within Water Quality Critical Areas at a minimum the amount of undisturbed area necessary to meet impervious surface requirement provided in 6.24.6 shall remain undisturbed during the construction prone s. The area to remain undisturbed shall include portions of the lot which are most environmentally sensitive as well as those portio,: of the lot utilized for stormwater infiltration. All clearing limits shall be clearly marked and observed. 6.24.8 - Infiltration Of:the Fitst 15 Incll'ofROtoff from In.ervious Surfa.es Stormwater runoff carries large amounts of oil, nutrients, metal:, bacteria and other pollutants. The 'quality of stormwater runoff is closely associated to the land use from which it originates. The most significant factor is the increase of impervious surfac.s which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first fludi" of runoff. To control this pollutant load within the Water Qual ty Critical Areas the first half-inch of runoff from all imperviousl surfaces in new developments shall be infiltrated on-site. Developers shall be required to submit documentation which indicdtes compliance of the proposed development with the specific standar . 1 ARTICLE 7. PLANNED DEVELOPMENT DISTRICTS L2 1 Establishment of the Planned Development Districts PWI - PD 7,19 PD-PWI PLANNED DEVELOPMENT - PROTECTED WATERSHED INDUSTRIAL DI.TRICT The following regulations and requirements apply to PD-PWI Planned Development - Protected Watershed Industrial District. 7.19.1 PD-PWI District: Defined, Intent, Where Permitted a) PD-PWI districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9. Such districts are defined as planned development districts for establishment of a range of low intensity industrial uses with minimal impacts beyond the space occupied by the building. It is the intent of these regulations to provide for development of such districts at locations within protected water supply watersheds appropriate in terms of the Land Use Plan and the Orange County Thorough are Plan and in accord with the standards set forth herein. It is further intended that PD-PWI districts shill: 1. Encourage development of appropriate industrial within designated water supply watersheds which will prov de employment opportunities for Orange County residents. 2. Provide well planned developments on sites with adequate access to major roads, without serious environmental constraints, with necessary public facilities, and according to plans which will control stormwater runoff and protect water supply water supply watersheds form contamination. 3. Serve as an alternative to continued expansion of non- residential zoning into the agricultural areas of the County. 4. Protect stability and property values of surrounding residential property. It is intended that projects approved for PD-PWI'designation will be so located and designed to be compatible with both residential and agricultural uses. It is further intended that projects will provide protect n of the water supply by providing methods to control storm water runoff and keep water quality high. Minimum Area Re Uired Fok Establishment of District No such district shall be established with a net land area of 1 less than ten acres. Permitted Ptincipal Uses and Structures Permitted principal uses and structures shall be according to Article 4 for the PD-PWI district. Accessory uses and structure. shall be according to those which are shown on the approved site plan for the specificproject. In addition, applications for amendment to PD-PWIzoning district may be denied if the proposed project does not contain facilities deemed complementar, and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location proposed because of the character of surrounding develo.- ment and/or zoning. Floof Area.Limitations Maximum floor area permitted in PD-PWI district shalt be as established in Article 5.1.2. Height Limitations Maximum height of buildings shall be as established in Article 5 and Subsection 6.2. . . 12 Site Planning..- External Relationship 1. Access to the PD-PWI shall be directly from a road designated as either a collector or an arterial in the .', Orange County Road Classification System. The developer must show that the existing facilities are adequate to handle the proposed weight and amount of traffic or has an agreement with NCDOI to upgrade the facility to accommod-te :,- expanded needs. 2. Principal vehicular access to the district shall be designe. to encourage smooth traffic flow and controlled access to t e site. Merging and turning lanes, frontage streets, and/or traffic dividers shall be required where existing or antici.ated heavy traffic flows outstrip the ability of the existing facilities to handle the traffic volume. 3. Orientation of the permitted uses, structures and outside storage areas shall be away from adjacent residentially zoned property. Outside storage areas shall.be screened from the view of residential areas and from public street rights-of-way. .. 4. Pedestrian access shall be provided at suitable locations within the district. Such access shall be separated from vehicular access points in order to reduce congestion and hazards. 5. External yards with a minimum width of 50' shall be provided along all exterior and interior property lines in the district. Landscaping and use of such yards shall be as provided below: a) No structures are allowed within the 50' yard area except necessary access drives to the site and one (1) sign identifying the use. b) Landscaping sufficient to provide visual screening of parking areas and outside storage areas shall be provided in the 50' external yard area. c) Existing vegetation may be used and is encouraged in fulfill- ment of the screening requirement, provided that sufficient visual screening is obtained. d) Where deemed necessary for protection of adjacent propert against the adverse impact of noise, lights, or undesirab e views, fences, walls or berms of an appropriate character shall be required. 6. Sewage disposal proposed for the district shall be appropriate for the use. If public. sanitary sewage facilities are to be used the extension of the lines shall be approved by the Sta e Department of Environmental Management. If on-site sewage disposal is proposed, theqStem must be approved by the appropriate agency. Community sewage disposal facilities sh 11 be approved by the State Division of Environmental Health. Inteteal Relationship In general, the plan shall provide a unified and well organized arrangement of buildings, service areas, parking and pedestrian and landscaped common areas providing for maximum comfort and . convenience of visitors and employees. The plan shall also minimize the area disturbed in site preparation and final paved or impervious surfaces on the site. The preservation of water quality is of extreme importance and the site design shall minimize storm water runoff, encourage sheet drainage and infil- tration and provide measures to assure no lessening of water quality. 1. Off-Street Parking and Load Requirements Off-street parking.and loading requirements shall be as established in Article 10.4. Provided, however, that the Planning Board may recommend, and Board of Commissioners req 're, lesser amounts of off-street parking areas, clearly justifies such reduction. All parking areas shall be screened from adjacent properties either by existing vegetation or by proposed vegetation. 2. Underground Electrical and Telephone Utilities All electrical and telephone service lines shall be installed underground in any PD-PWI district at the expense of the developer. 3. Sign Limitation Sign limitation shall be as provided for PD-PWI districts in Article 9. 4. All access roads and employee/visitor parking areas shall be paved, but graded and located to encourage sheet drainag and infiltration of storm water. Storage areas and equipme t parking areas need not be paved, but shall be designed to minimize adverse stormwater runoff impacts. 5. The site plan shall identify the location of and show that all environmentally sensitive areas remain undisturbed. These areas include, but are not limited to, designated floo. plains, alluvial soils, imperious soils and land with gfade. in excess of 15%. 6. The proposed grading, stormwater management, soil erosion an. Sedimentation control shall be incorporated into the plan an. designed to minimize point discharges of storm water and possible soil erosion or sedimentation. If the storage of large volume of any liquid is proposed the site plan shall indicate adequate storage capacity to retain on-site any spill of such liquids. 7. The applicant shall provide a complete description of the pr - posed use, including manufacturing processes; materials used and any wastes produced. The proposed use shall use minimal amounts of water and produce minimal amounts of waste to be disposed of by sewage treatment, solid waste landfilling or other methods. 8, The applicant shall provide a complete description of all hazardous or toxic substances use, produced, stored,consumed or discharged in their manufacturing processes. These substances shall not equal or exceed amounts specified in th2 most current EPA list of Hazardous Substances and Priority Pollutants, 9. The applicant shall review emergency response capabilities Wth 1 the appropriate agencies and shall produce an emergency response plan, approved by those agencies: The plan shall be capable of being carried out within the existing aystem. If it cann.t be carried out with existing equipment, the applicant must provide the additional equipment. 10. Outdoor illumination of buildings, outdoor storage areas, and parking areas shall be designed and located to prevent glare on adjacent property. It shall be the applicant's responsibility to show that the proposed lighting can meet this requirement. 11. The applicant shall provide any other information requested b the County to adequately review the Planned Protected Watersh d Industrial Development. All interested citizens are invited to attend this hearing and be heard. Changes may be made in the advertised proposal which reflect debate, objections and discussion at the hearing. URANUt WUNII k40,5 BOARD OF COMMISSIONERS ACTION AGENPP C-2. ACTION AGENDA ITEM ABSTRACT ITEM NO.c-3 MEETING DATE NOVEMBER 28, 1983 SUBJECT: PROPOSED LAND USE PLAN AND ZONING ORDINANCE TEXT AMENDMENT'S FOR THE PROTECTED WATER SUPPLY WATERSHED AND WATER QUALITY CRITICAL AREAS '.;! ... . • DEPARTMENT: PLANNING PUBLIC HEARING: X YES NO Mi::: ATTACHMENT(S): INFORMATION CONTACT:MARVLN COILINS PROPOSED TEXT AMENDMENTS . . . _ PHONE NUMBERS: HILLSBOROUGH - 73'...;.-bii.11 4 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 ;:•0.:.1 MEBANE - 227-2031 . DURHAM - 688-7331 t,, '''• — . _ • i•;.1.''' PURPOSE: To receive public cc:anent on the proposed text amendmants to the Orange County Land Use Plan and Zoning Ordinance. ' rl '!14 '' ...7 NEED: To address the need for public water supply quality protection efforts and to respond to citizen concerns about the adopted County land use requireuents, - - I particularly in water supply watersheds, a comprehensive review and refinener: 9,-. cf the county watershed planning stanciards was conducted. In response to Concerns regarding the blanket application of planning standards to all areas within a water supply watershed,regardless of proxivaty to a water body,and the lack of development standards for water quality protection, the following plan categories and associated zoning districts are proposed for water supply .,,.. watersheds: . o retention of the Protected Water Supply Watershed plan category (Cane Creek, University Take and Upper Eno wateriheds' -:.!.. i. 4:•;;';1 o addition of a Water Quality Critical Area plan category which includes lands irmediPtely adjacent to a water supply -.-,: reservoir o retention of the Protected Watershed II District o addition of the Water Quality Critical Area District o addition of the WaterShed,Industrial District and correspandin! Planned Davelopuent Watershed Indriqtrial District IMPACr: The consideration and adoption of these proposed text amendments to the Land Use Plan and Zoning Ordinance would provide for protection of the most critical areas of the water supply watershed,as Well as set development standards for 7 - the watershed, yet permit non-residential (counercial / industrial) development in the least sensitive areas of the watershed. '2Ni! • i'...;:.4.! . 4i..7 H RECOMMENDATION(S): ... . . . i NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS 04C TO THE LAND USE PLAN OF ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina Chapter 153A, Section 323 and Section 343, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse,106 East Margaret Lane, Hillsborough, N.C., on MI-1day, November 28, 1983, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of proposed amendments to the Orange County Land Use Plan. The amendments under consideration are as follows: The proposed area plan for the west Orange Area Study, as shown on the • . I map below. The proposed area plan is on display for public review in the offices of the Orange County Planning Department, Orange County Courthouse, 3.3 LAND USE PLAN CATEGORIES CONSERVATION Public Interest Area Water Supply ilatershed " Water Quality Critical Area LAND USE PLAN CATEGORY DESCRIPTIONS WATER QUALITY CRITICAL AREA - Land draining directly to existing fi1 • , or future water supply impoundments by overland flow and, inter- flow, called shorelands, and draining into the main channels of trunk streams emptying into the impoundments. 3.4 LOCATION CRITERIA Locational Criteria and Evaluation By Land Use PlanCate•gory PLAN CATEGORY: WATER QUALITY CRITICAL AREA Land• Slope. No evaluation* ?7F: Hydrology.. Located in areas which drain directly to a water supply impoundment by overland flow and interflow or which drain directly to the main channel of trunk steams feeding the impoundment. Flora and Fauna. No evaluation Soil Conditions. No evaluation Public-Services/ Located in areas which should not be served „Utilities. by centraliied public services and utilities, Transportation, No evaluation System. J, Energy Use. No evaluation .• Existing Land Use Located in areas which are characterized by low density residential and minimal non-residential development. Agriculture and No evaluation Forestry. Population Density. Located in areas with low population densitict Historic and No evaluation Cultural. *No evaluation - means this item is not a criteria for the application of the Plan Category ! . 1 1 i.;•,,, . 041 . ., 3.5 LAND USE GOALS AND DRAFT POLICIES - . GOAL FIVE: The management of growth that is is directed to aa.n3 where growth is desireable and can .., be accomodated. .- :.,.:. REVISE 5.3 Direct intensive land uses to existing urban areas and areas designated Transition areas .•: and away from areas which are suitable for --'N continued agricultural uses and which are protected as water supply watersheds and . water quality critical areas. ::„-'',, ■ ADD 5.19 Designate land in water supply watersheds which encircles the water supply impoundment and which drains directly into the impoundment and into the main channels of trunk streams feeding the impound- ment as Water Quality Critical Areas, not suitable for moderate to high density residential development -.._ or non-residential development. :.1 GOAL NINE: The provision of water and sewer lines in those areas which can be practically and efficiently served by these facilities. ADD 9.3 Prohibit the establishment of public water and sewer services in the areas designated Water Quality Critical Area, except to address emergency situations. GOAL TEN: Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County. i' REVISE 10.2 Adopt and implement policies which specify land use patterns and intensities of development in water supply watershed and water quality critical areas that will minimize potential adverse impacts V':::' ,-:-,F.,. on water quality. REVISE 10.10 Direct urban development pressures in the I-85/US 70 corridor in the Upper Eno watershed in Cheeks Township to the areas designated Ten and Twenty Year Transition Areas and away from the areas designated Water Quality Critical Area. GOAL ELEVEN: Adequate and appropriate sewer disposal facilities for all current and future residents. .„ ... ''; ADD 11.9 Prohibit package sewage treatment plants in the . ..; areas designated Water Supply Watershed. .. ' . ADD 11.10 Establish an on-site wastewater treatment inspection ::•:'. "I program within the portions of water supply water- ' sheds designated as Water Quality Critical Areas. . • I li' i-.: ,t• , . 1 ..-,..... .•:-..:-..; ; 7 ..1 . -. ' .-; Article 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 4.2.27 Protected Watershed II (PW-II) District b) Application Criteria 2. Where applicable the requirements of the Water Quality Critical Area shall supercede or supplement the requirements of the PW-II District as specified in Section 6.23. 4.2.28 Water Quality Critical Area (WQCA District) a) Intent It is the intent of Orange County to regulate the uses ("eland and structures in the portions of water supply watersheds which are immediately adjacent to the water supply impoundments. The quality of water in these water supply impoundments can be affected by the activi- ties of man, including farming, construction, non- residential growth, especially in the areas closest to -• impoundments. The intent of the Water Quality Critical Area (WQCA District) is to apply a set of regulations ' - for water supply protection to portions of the weter supply watersheds which drain directly to water supply impoundme and which drain directly to the main channels of trunk streams feeding the impoundments so as to establish higher development ) e standards in the these areas. - b) Application Criteria The Water Quality Critical Area (WQCA District) is established as a district which overlays other zoning districts established in this ordinance. The new use of any land or any new structures within the Water Quality Critical Area (WQCA District) shall comply with use regu- lations applicable to the underlying zoning district, as well as the requirements of the WQCA district. 1. This district will be applied to portions of protected water supply watersheds as designated in the Land Use Plan. 2. This district shall comply with use regulations applicable under the Protected Watershed II (PW-II) overlay district. 4.2.29 Protected Watershed Industrial (PWI) Didtrict a) Intent The intent of the Protected Watershed Industrial (PWI) ' District is to provide appropriately located and sized sites within the protected watershed area for limited industrial uses engaged in manufacturing, processing, creating and assembling of goods, merchandise or equipment. Performance standards will be used to insure the absence of adverse impacts of the use on the quality of water in the water supply watershed. The location of the district is recommended in areas within the least environmentally sensitive areas of the protected watershed area. b) Application Criteria This district will usually be applied where the following conditions exist: • 1111 1. The site is located in the Protected Watershed-II (PW-II) district. 2. Lot size for individual uses shall be a minimum of ten acres. O4,3 -'; 3. Access to the site shall consist of direct vehicular " , access to streets designated either arterial or collector in the Orange County Land Use Plan. The developer must show that the existing facil ,ries are adequate to handle the proposed weight and amount c traffic or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. Access to rail service is desirable,but not required. 4. The use is "dry" in nature and shall not use, produce, store, consume or discharge any hazardous or toxic substances in their manufacturing processes in quantities equal to or exceeding the amounts specified in the most current EPA list of Hazardous Substances and Priority Pollutants. The applicant shall provide a complete description of substances used or produced in the man- ufacturing processes. 5. Sewage disposal proposed for the district shall be appropriate for the use. ii 2.4 • i■J ; 4 *.; !-; , . ORANGE COUNTY PLANNING DEPARTMENT •.• 4..., DaLLSBOROUGH ..- , ,. NORTE( CAROLINA. 27278 :'.-ai,• $ % V 5: 41 ‘‘... "k est. TO: ORANGE COUNTY PLANNING BOARD .4,14 I FROM: Marvin E. Collins, Planning Director DATE: November 21, 1983 W l RE: Z-h-83 Bruce Smith (REZONING REQUEST) f...''.. GENERAL INFORMATION ---- Applicant: Bruce Smith Oakdale Drive Hillsborough, N. C. 27278 :"...: Location: South side of SR 1133, Oakdale Drive and east of Kelly Drive (Private Road) Requested Action: Rezone from R-1 Residential to R-4 Residential Purpose: To enable residential development on 10,000 sq. ft. lots in order to provide less expensive single-family homes. /A• .:. Lot Size: 5.112 acres or 236,095 sq. ft. ,.. .! -..;"...:. Existing Land Use: Primarily vacant but contains one (1) single-family dwelling. -,---i Surrounding Land North - Town of Hillsborough's jurisdiction .E.ri.: Use & Zoning: . Single family homes an 2 vacant lots and R-10 district South - Vacant lots and R-1 district East - Single family homes and R-1 district ! ! West - Vacant lots and R-1 district Land Use Plan: The Land Use Plan designates this as a 10-Year Transition Area, The requested R-4 Residential district designation is one of seven (7) districts identified in the Land Use Plan as being compatible with the 10-Year Transition Area designation, provided certain criteria are met. -..• .-- 1:. I - 1 t ORANGE COUNTY 1.4 ,.::. BOARD OF COMMISSIONERS ACTION AGEND ACTION AGENDA ITEM ABSTRACT ITEM NO. C:- .': MEETING DATE NOVEMBER 28, 1983 .. .. SUBJECT: PROPOSED ZONING OF CHEEKS TOWNSHIP DEPARTMENT: MAIMING 1 PUBLIC HEARING: x YES NO . . , ... I ------ , I ATTACHMENT(S): PROPOSED ZONING CLASSIFI INFORMATION CONTACT: 1101.1TEN COLLINS . CATION FOR NON-PESIDENTIALIJSES _ CHEEKS TOWNSHEF AS CF 11/83 PHONE NUMBERS: HILLSBOROUGH - 732-8181 , HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 . . _ ___ DURHAM - 688-7331 _ --, i-•-• PURPOSE: To receive public comment on the proposed extension of zoning to Cheeks Tcwris NEED: The.Board of Commissioners approved zoning of Chapel Hill Township in 1967, , in 1970 anc Hillsborough and Bingham Townships in 1981, Extension of zoning t. Cheas Township was delayed to allow more time for consideration of water - shed protect.ion ueasures at that time. A second public hearing on the extenai.. of zoning Cheeks Township was held on September 27, 1982 aLang with conside Jticn of proposed amendments to the Land Use Plan to address concerns regarding indus '.al development in the township. The Board of Cannissioners delayed a decision on ti these natters to allow for further consideration of the proposals, Diming tecen months the planning Department has been condurting the West Orange Area Study ' which a major portion of Cheeks Township is included. . The major foctisei of the study have seen industrial development potential in the 1-85-US 70 corridor and the development of a water quality critical area to address watershed protecti concerns. , IMPACT: Extension of zoning to Cheeks Township will provide a means of protecting the water quality critical areas of the township, facilitate industrial developTent by establishing standards of development which would guide the decisions for large investment in the area for development purposes, control incompatible Land uses and determine the public costs associated with development. RECOMMENDATION(S): PrQr^{ L� Z UNG CLA.SSTICATION F09 t02:-FES1i3FMAL USES- ' 1 .i '- --NO E iBER r PROPOSED FA TAX MAP TOTAL S1 07' ZONING LOT zo,\'SRG Usr NO. NAME C? USE BLVLOT LOT SIZE , (.i.ncludes 1/2 at $/i�) DISTRICT .l+ 1. :irat Lad Beauty Salon A-8 Y 6 - 34 21.1 acres (Rome.Occupation) 2. :e::nscn =0 Son Logging 6 - 30 12.5 acres Approx. 6 ac. /'pTW carnar Ca,rany 600' E Of S.R. 1343 AS Blakely's 1vursory 9 - 15A 2.5 acres 1 ac. /W line 250' long ---from,-sw-coriver EC - 4. Cnapman's Automotiva 10 - 5 28.30 acres 1 ac. 250 E• ro line 250 r f s p p, r � EC �(SpeC.ial use 5. Hin,haw's Cabinet Shop 11 - 15 W prop. line 350' S of SR 1333 Remainder of Tract; less than 1 ac. Whole Log EC - 5 F 6. McAdams Auto Repair 14 - 20A 3.02 ac. , 2 acres SE 25D E of S.fi,1004 EC - 5 NE 275' E of S.R. 1004 7. Graves Welding & Machine 23 - lfi Less than 1 ac. Shore Whole Lot EC - 5 s• Lace heavy Equipment Co. 25 - 1 2 acres r _.. 100+ x 450 GC - 4 11 - 12 57 acres 2 1/2 ac. 400' x 250' 9. Mebane Eare.ign Car Service 25 - 5A 2.85 acres 1.5 aC. 150` x 400' NC - 2 10. Mebane hill outlet & 25 - 8 1.4 acres Convenience Store Whole Lot NC - 2 11. Corner Market 25 30A Less than 1 ac. Whole Lot NC - 2 12. Midway Gas &Grocery 25 - 13 Less than l ac, Whole Lot NC - Z 13. Gene's Beauty Shop 25 - 22 Less than 1 aC. w1ole Lot NC - 2 14. Big "T" Place 25 - 27 Less than,l ac. 1liola Lot nC - 2 15. Tain crossing Game Boom 28 - 21C 1.57 acres Whale Lot NC - 2 16. Catawba Timber Co. Woodyard 28 - 22A 13.97 acres 2.7 ac. 200' N 3751 E, EC - 5 350' S. 475' W TAX VMP TOTAL SIZE Or ZONIMG LOT ZOnINC. INIO. NAM OF USE BLVLOT LOT &IZE, (includes 1/2 of R/K) DISTRICT 7. Frazier's Body Shop 28 - 22 2.31 acres Whole Lot EC 5 S. Orange Alamance;Water Co. 28 - 21H Less than I acre Whole Lot 0 - I Office 9. Hancor Inc. 28 - 21G 9.5 acres Whole Lot E - I 0. Al Stegall's Front End 28 - 35 1 acre Whole Lot EC 5 Service 1. Wil-Cora Truck Co. 28 - 37, 36C 17.45 acres 2.5 ac. NE 4501 N of U.S. 70 EC 5 NW 4501 X of U.S. 70 3.6-acres 2 ac. SE 900; E of S.R. liI4 NE 2501 E-of S.R. 1114 3. -King's Garage 29 - 7 3 acres 1.5 acres 2001 x 3001 EC 5 28 - 26 4. Carmichael's Sharp All Shop 29 - 16 6 acres 1501 K 3001 EC 5 , a Small Engine Repair :5. Log Cabin 30 - 4A Less than 1 acre Whole Lot EC - 5 !6. Tyndall Gas & Grocery 30 - 10 1 acre Whole Lot EC - 5 Lawnmowcr Repair !7. Redman industries 31-2-40 9.97 acres Whole Lot I !8. Pattiford & Pennix Service 31-8-9 I acre Whole Lot EC 5 Station 29. Efland Milling Co. 31-A-34 2 acres 1 ac. SW 2751 W of S.R. 1004 1 1 30. Old Store 34 - 5 Less than 1 acre Whole Lot NC 2 31. X D G Manufacturing 34 - 8 3.25 acres I ac. 1501 x 3001 32. Orange Hosiery ntll 36-A-2 Less than I acre Whole Lot E I 33. Red Barn Auction House 36-A-3,4 I acre Total of both lots EC 5 34. Donee Farm Service 36-A-6 1 acre Whole Lot EC 5 35. Pantry Convenience Store 36-A-10 1 1/2 acre Whole Lot EC 5 TAX mAp TOTAL PROPOSED USZ n NAM, OF USE. SIZE Or ZONING LOT. ZONING BLICAOT LOT SIZE (includes 1/2 of IVW) DISTRICT 36. Missy's Grill 36-C-7A Less than I acre Whole Lot EC - 5 37, Gulf Station /•Car Wash 36-C-7 I acre Whole Lot EC - 5 .38. Car Wash / Store 37-A-1A I acre Whole Lot NC - 2 39. F A F Supply Co., 37-A-2 3.5 acres Whole Lot NC - 2 U.S. Post Office, Efland Beauty Salon, 40. rfland Knitting Mill 37-A-5 2.5 acres Whole Lot 1 -'2 S,Tntech Corp. 37-A-6 41. Central reeds Inc. 37-A-13 Less than I acre Whole Lot E - 7 42. Piedmont Services Inc. 37-A-12 Less than I acre Whole Lot E - I 43. Liner's Red & White Grocery, 38-A-9,10 2.5 acres whole Lot NC - 2 44. Vacant Building 39-A-1 I acre Whole Lot NC - 2 45. Jay's Hosiery mill 40-A-5A Less than I acre Whole Lot 1 46. Lil's Curiozity shop 40-B-1A Less than 1 acre Whole Lot NC - 2 47, CamPell Tire Co. 40-C-3- Less than I acre Whole Lot NC _ 2 48. Exxon Station 40-E-11 Less than I acre Whole Lot EC: - 5 49. J'Orri's Grocery 43 - 20 1 acre Whole Lot EC - 5 50. Mood Connection 43 - 32 34.75 acres I acre 2001 x 2004 EC - 5 51. Kennel 43 - 5 5.02 acres 11-11 Zspe&ial Use) 52. Service Station 45 - 7 2 acres 2501 x 1751 EC - 5 53. Service Station 45 - 8 2.42 acres All of lot East of S.R. 1120 EC - 5 54. Lloyd's Body shop 45 - 17 2.46 acres 2601 x 1751 EC - 5 55. Andrew's Greenhouse 46 - 4 Less than I acre Whole Lot USE PROPOSED o TAX MAP SIZE OF ZONING LOT ZONING ts NO NPiAI; OP USE SIZE LOT SIZE (includes 1/2 of R/W) DISTRICT 56. Cates Custom meat 49 - 2 25.96 1 acre 200' from NE Processing ` E - I -57. Amer. Tale. & 54 - 16D 28.2$ acres 1 acre 2o0' x 2004. - R Communications g W of W property line 750' N of S.R. 1120 (Special Ilse) 58. Palmer's Welding and 48 - 17A 5.19 ac. 1 acre W line 25 F3-x- -1-t--She —�__._-� _ p N line 200' 59• Bucltnorn Gun Shop 54 - 2A 18.73 ac. From NU property line EC - 5 60. Estate Club 200' x 200' 31-A-17 3 acres Whole Lot R-1 (Non-Conforming) 61. La-Caprice 31-8-18 2 acres 14hole Lot R-1 62. Neer Store 2A-2 �C� I-Conforming) 63: Rick's Gameraom 6-36D EC-5 64• Saddle Club 6„3 EC-5 65. Lloyd Equipment Co. 41-7r AR Palmers Welding & 48-17A EC-5 Fix It Shop Home Occupation Photo Studio 36-DI _. Gun Shop 42-$A Home occupation Home Occupation } a= ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENIA ACTION AGENDA ITEM ABSTRACT ITEM NO.C" MEETING DATE NOVEMBER. 28, 1983 SUBJECT: REZONING REQUEST -- Z-4-83 BRUCE RUTH 1DEPARTMENT: PLAM1IG PUBLIC HEARING: x YES NO . . . • I ATTACHMENT(S): STAFF REPORT INFORMATION CONTACT: MARVIN COLLINS PHONE. NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 • PURPOSE: To receive public corn:rent an the proposed zoning change for 5.42 acres of property from R-1 Residential to R-4 Residential requested by Bruce Smith • NEED: The property is located in Hillsborough Township on the south side of S.R. 1133 Oakdale Drive and east of Kelly Drive. It is referenced as • tax map 44A lots 1 and 2. An R-4 zoning classification would allow develOpment on 10,000 square foot lots, Water service is available by way pf a of a two inch nein. This line should be upgraded to a six inch line in orderto provide fire hydrants in the area. Sewer service can be made available by either installing a force main or by relying on a gravity flow system. The developer would have to bear the cost of extensions ' of water and sewer facilities. Fire protection for the property would be provided by the Orange Rural Fire District (Hillborough Fire Departuenti, IMPACT: The Tend Use Plan has designated this area as a 10 Year Transition Area It is,Ireasonable to assume the Town of Hillsborough would annex the area within the 10-20 year tirrp fraue. RECOMMENDATION(S): _ k .;, 2O =. / 01-?IkNGE COUNTY PLANNING DEPARTiNIENT rarzsBoRouG Et NORTH CAROLINA 27278 na n TO: ORANGE COUNTY PLANNING BOARD FROM: Marvin E. Collins, Planning Director DATE: November 21, 1983 RE: Z- -B3 Bruce Smith (REZONING REQUEST) GENERAL INFORMATION Applicant: Bruce Smith Oakdale Drive Hillsborough, N. C. 27278 Location: South side of SR 1133, Oakdale Drive and east of Kelly Drive (Private Road) • Requested Action: Rezone from R-1 Residential to R-4 Residential Purpose: To enable residential development on 10,000 sq. ft. lots in order to provide less expensive single-family homes. Lot Size; 5.42 acres or 236,00 sq. ft, Existing Land Use Primarily vacant but contains one (1) single-family dwelling. Surrounding Land North - Town of Rillsborough's jurisdiction Use & Zoning: Single family homes and 2 vacant lots and R-10 district South - Vacant lots and R-1 district East - Single family homes and R-1 district West - Vacant lots and R-1 district Land Use Plan: The Land Use Plan designates this as a 10-Year Transition Area. The requested R-4 Residential district designation is one of seven (7) districts identified in the Land Use Plan as being • compatible with the 10-Year'Transition Area designation, provid-d certain criteria are met. ;--71.;144;4* *",%-• J.t,, _ 1.,,,,„. 21 5.,:. _ ,.. .., Applicable Regulations: Listed below is a comparison of uses perm ted ,•:: in the R-1 and R-4 Residential districts. '*" indicates a use permitted by right. "A" indicates a specific use permit is require. i':.• from the Planning Board/Board of Commissio era. "B" indicates a Special use permit is req 'red from the Board of Adjustment. "0" indicat-s the use is not permitted. c- COMPARISON OF PERMITTED USES 1 ,... * - Use by right A - Class A Special Use 4.- B - Class B Special Use . 'c. 0 - Not permitted '-. . . PERMITTED USES R-1 '.' Day nursery, day care„ private kindergarten B . B Dwelling; single-famly * * Dwelling; two-family . * * Dwelling; multiple-family 0 * Dwelling; mobile home * * Family care home * * Group care facility B B Residential hotel (friaternities, ete.) 0 0 Rooming Rouse 0 * . I Temporary mobile helm B B Tourist home 0 * Accessory Uses * Airport, general avidtion A 0 Botanical gardens * * Buildings, portable B B Bus passenger shelter * * Cemetery B B Church * * Community Center B B Extraction of earth products A A Governmental 7 protective services * Landfill (2 acres or more) A 0 Landfill (less than 2 acres) B 0 Parks, public and non-profit * * Public utility stations/substations A A Radio/TV towers B B Schools * * Transmission Lines B B Universities * 0 Governmental facilit'es * * Water/Sewer pump sta ions * * Social Clubs or lodg s ' * 0 Greenhouses (No on-pilemise sales) * 0 Kennels/Riding Stables ' B 0 Recreational facilities (non-profit) B B Golf club/country club * * ',..:,..N --,-.1,17,,:,:. • ,...,:....e..,,,,.-,...:,. ....,,.........7..-, 7.. ... 777,7 .. ._ ...: . : -7. . ,..„.... . ,,--.. .112. ,22 Other applicable regulations are as follows: DIMENSIONAL REQUIREMENTS R-I R-4 Lot area/dwelling unit limoo sq. ft. 10,000 sq, ft. Lot width 130 ft. 75 ft. Front yard 40 ft. 25 ft. Side/rear yards 20 ft. 10 ft. Building height 25 ft. '25 ft. SITE DEVELOPMENT - COMPARATIVE ANALYSIS To give some indication of the impact of development of the 5.42 acre tract, the densi-t standards of the R-i R-2, R-3 and R-4 zoning districts were applied to determine the maximum number of housing 'units which could be placed on the site. Stafidards for estimating traffic generation, water consumption, sewage flow and school student Popula.ion were ther, applied t ' ascertain the effect of the project on thoroughfares, public utili y systems and schools.I These calculations are shown on the accompanying table and discus-ed in the "Application Criteria" section. APPLICATION CRITERIA The R-4 zoning distrlict is one of three (3) districts designated as low and medium dens ty residential district ". The purpose of such districts is to provide locations for low , d moderate intensity residential development and supporting recreational, community, . service or educational uses in areas where urban services are available, or are to be provided as part of the development process. Section 4.3 of the Zoning Ordinance states that the district designations will usually •e applied where the following conditions exist: 1. Designated by the adopted Land Use Plan as a Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years. Staft Comment: The Land Use Plan has designated this area as a 10-Year Transition Area. It is reasonabit. to assume that the Town of Hillsborough would annex the area within 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Staff Comment: According to Clarence Rosemond, Water-Sewer Superintendent for the Town of Hillsborough, water service is available by-way-of a two-inch main. This line, however, should be upgraded to a six-inch line in order to provide fire hydrants (fire protection) in the area. Sewer service can be made available by either installing a force main or by relying on a gravity flow system. The developer would have to bear the cost of extensions of water & sewer facilities. . . COMPARATIVE ANALYSIS/DEVELOPMENT IMPACTS.- BRUCE 814ITH TRACK` ZONING DISTRICT CHARACTERISTIC R--1 R-2 R-3 R-4 Lend Area 5.42 acres 5.42 acres 5.42 acres 5.42 acres Street R/W Area(1) 0.60 acres 0.$0 acres 1.14 acres 1.19 acres {11.7$1 {14.8%l (21:1%) (22.0%) Net Development Area 4,82 acres 4.62 acres 4.28 acres 4.23 acres _.�. Iat�3rea/-DFrel,ling 4t}�dd(}age--#'tT-----2O;ddd-sq;--ft;--�15;ddd-sq;ft:----•- ° -3:d;dQd-sq:£t. Allowable Dwelling Units 5 10 12 I$ Density (Dwellings/Acre) 0.92 1.85 2.21 3.32 Estimated Trips/Dwelling(2) 8.87 8.87 9,72 4.72 Traffic Generation 44ADT 89ADT u6ADT 175ADT Water/Sewage Flow•/Dwelling(3) 400.•gpd 4d0 gpd 400 gpd 400 gpd Net Water/Sewage Flow 2,000 gpd 4,000 d 4 8o0 : 8P gpd 7,200 gpd Projected Student Population(4) 4 8 10• 14 Elementary 2 4 5 7 Middle -1 2 2 3 Jr. High I 1 2 2 Sr. High 0 1 1 2 Recreation Area Required N/A N/A N/A N/A Source Notes. (1) Based on.percentages taken.from subdivisions of comparable lot size. (2) National.Tnstitute of Traffic Engineers (3) John McAdams Company (based on NCNRCD standards) (4) 2.8 persons/household = 8M of households with school age children U Distribution - 50% Elementary; 17% Middle, Jr. High and Sr. High). CA r .,.:„ 24 :.: --: 3. Vehicular ,ccess must consist of direct access to a street certified .'. either arterial or collector as designated by the adopted Land Use Plan. • . Staff Comment: The tract is served by Oakdale Drive which is a road designated as a minor road. However, the tract is located approximatelyrW- feet west of Old NC 86, a street designated as an arteriaTI4ead. The tract also has 597 feet of • road frontage on Kelly Drive which is a Private Road. '. Development of the tract in 10,000 sq, ft. lots, would result in an additional 194 trips per day. This is based on an average trip rate of 9.72 trips per day. for medium density. 1981 traffic counts on Oakdale Drive amounted to 950 vehicles per day. The capacity of the road is approximately 8;500 vehicles per day. i- OTHER INFORMATION ;:. A range of urban services exist including fire, police, recreation, education, :.: commercial and cultural activities. 1 Fire Protection!: Fire protection for the property in question would be provided by thel Orange,Rural Fire District (Hillsborough;Fire Department). : . The fire station i's located,approximately 1.80 miles from the site. Response 1 time in the evert of a fire would be approximately 3J3 minutes. ,. Facilities available to serve rural areas include a 500 gpm pumper, a 750 gpm pumper, a 1,250 gallon tanker, a 3,700 gallon tanker, a "quick attack" 450 gpm pumper, and a mobile air supply van. Police Protection:. Law enforcement protection would be provided by the Orange County Sheriff's Department. The site falls within Patrol Area 10 • which is patrolled on a 24-hour basis (3 shifts-one deputy per car). • Recreation: Existing recreation facilities and programs are available to serve the future residents of the development. These are provided by the Orange County Recreation Department. _ .. Education: Development of the property in question will have a minimal impact in terms of the ability of the school system to provide adequate educational space for new children. A redistricting plan for the elementary schools has been completed dnd Grady A. Brown Elementary appears capable of handling approximately- 30 additional students, Stanback Middle School has one (1) vacant class (25 pupils), but Stanford Jr. High and Orange Sr. High are already at capadity. Development of tlhe property at R-4 densities 'could result in 14 new students. If apportioned to each school ac shown on the "Comparative Analysis" sheet, all schools 1 t Grady. A. Brown and Stanback Middle School would require subdivision of ge classrooms into smaller ones, or, more likely, additional classroom trailers unless accommodated within existing classes. ., . , . ali.,-,,:1::.•!,::." ,..:-:.'-4 ;':,,Fr--- •: . . ,... ,•.;.- 7.,-; :,. ' ,:. . •- Commercial/Cul,utal facilities; The site is located approximately 1.80 miles from the! central bu:iiness district of Hillsborough and approximately 0.76 miles from commercial development extending along NC Highway 86. Businesses within these two areas as well as existing and future commercial development at the 1-85 and NC 06 interchange can serve the shopping needs of future area residents. A wide array of cultural activities are available in Hillsborough, Chapel Hill and Durham; many offered through university-sponsored programs. • • . — ---- •• -,----„, ,,,--,,,....„,,,,.mlim7•401- ,;••': 26 •• • • , I 1 i ...., . „'” , / 1 i i j r r 1 I 1 I 1 f 1 1 1 1 1 r I I f 1 1 1 1 1 1 1 1 UN) 1 I I , i 1 k % / / i , , , ii r i, 1 / ;1 Li.. A ■ 0 C 1 I I I 1 I I I 1 l 1 I 1 1 , 9 517 1 , (..) / / i , R-I2 or Iv / '..,451.\ l'o---0 10 18 AC, I 1 I / / 7 AC.. i / i -1,C / &.,. 1 ' 1 1. 16 ,._ t, \ i AI r ,.v, 1 / 0 I. 4210 ' Poo / I 5 i %LI ,:";•-•...- ''''.-'- .' -, _ I , ,I . ' EL-10 .1 / 13-10 C.) 1, \ ) r 5 I ---------. I 01 I -------• t- -- 7.0 P,, 2.59 il.)--.1,•2 /0 ,,,"-;"-----CLIS/ve".----,.. . R.- 0 WIN 0 g+C. 1 /\,._. 4 --...._ . .--."14'S •-.ROCA- -- -- 4,4 Aq.1 i I , CAI I i ---z-g ..$..1---:.----, 1 . 3_z \ % ..._..,..........-;.•'" ..........;:,, ils i ! 2'5 3,64 -?...'-14 II i • ; AC r -------- • -_.•-.. ..'... --___..,_-.--.,,z-.-- _;-:46, r.r / / rb• • ' :0 ' V 1 1 I 1 1 (..AL 1 f 1°,5 saw ,, -• \ ; i 1 I "82 1 4 Pr --'-------. - . , P • , . (911) Iligf ‘ -80' (-1'.:% \ . 1 I I ?bit , % yroo 12.r. t i r r I r r , r r . 64 I 3 ......6 1 7: *IOU,'-.• .-••. I 1 f • Sitik .`, , ;, ty $699 , ; / / $ i . ' '61`t -6 %tO• IV: • 0 s ' / / f 1 1 1 "' " 1 i • 17 ! I c: IIACI . .• • 0 111 ' \ ,, I R-1 ' I / /655,8 1r I I I. V'":, 9 1.„. \• •:, . r , ....... „ i ,.... A. „ ;Ilk 44p5 , r.1 I 14,1z1 . 1 •in .• ' 1 7 I / /0 i 0 S' - AL', — 32 4.75 ._ 139.3Z i a • / / 1 538 5C / 0 Zt it•-/ , . ;0 -. 1 1 1 1• , . . ' t 1/ 1.01/AC,' i • . :,' .9 i I / i t? . / I - RI . • / / / ' ii 1 ... , 1 iDA. I Lit./42.. C.I . I I(5 I .)- 98.37 AC / : 1 " 1 .-.1 1 1 1 1 -..l ------.... 1.0 -..............._ , , 1 I 951 AC.) i 7P 42 . . , , i ,... I , , • , , , , , , / / -. REZONINQ REQUEST/ / r r / Z' 3 -8 3 , - i / ;t, BRUCE SM ITH i — • _I / ; 4-ItR,p I &ALE' 1" :-* Zoo' .... __ • . REFERENCES II T-., ■ . . '''''':: ;fi -. . -•;!!:ii : "...'-• ORANGE COUNTY 1.; BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. -5-6 MEETING DATE 1,• 1: : •: SUBJECT: REZONING REQUEST --Z-5-83 THOMAS MERRITT' DEPARTMENT: PLAIIIMG PUBLIC HEARING: x YES NO ------------------ ATTACHMENT(S): STAFF REPORT INFORMATION CONTACT: MARV-MCAT:MS ' -4 PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 - • DURHAM - 688-7331 • PURPOSE: To receive public comment on the proposed zoning change for 2.77 acres of prop frnmR-1 Residential to NC-2 Neighborhood Commercial. .1" ^ NEED: The property is located in Hillsborough Township Tax Map 22, Block C, lot 1. The property is located on the east side of U.S. 70 Bypass, Saint Mary's Road (SR 1002) and adjacent to the Pantry Convenience store. NC-2 zoning would allow expansion of the existing use (Orange Garden Center) which is presently located on a portion of this property currently zoned NC-2. Water supply is available from the Town of Hillsborough lines, but ' wastewater treatment will be by septic tank. Fire protection for the propert would be provided by the Hillsborougyi Fire Department law enforcement protection would be provided by the Orange County Sheriff's Department. IMPACT: This area is designated by the Land Use Plan as a Rural Neighborhood Activity Node. • RECOMMENDATION(S): • ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA • • Z7B78 to of .4;1 d.11 • TO: Orange County Planning Board FROM: Marvin E. Collins, Planning Director DATE: November 16, 1983 RE: _Z-9-83 Thomas Merritt (Rezoning Request) GENERAL INFORMATION Applicant: Thomas Merritt Route 1, Box 297 Hillsborough, N. C. 27278 Location: East .f US Hi_hs. • : - ss . .t taint Mar vs Road (SR 1002) and adjacent to the Pantry Convenience Store. °7-2 6/4e,EC Requested Action: Rezone from R-1 Residential to NC-2 Neighborhood Commercial Purpose: For thel expansion of the ex". - • Garden Center) which is presently lbcated on a portion of this property curren zoned as NC-2_ Lot Size: 2.770961 acres or 120,70? sq. ft. Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Single-family homes and R-1 District. South - Single-family bones and II-1 District, Duplexes and R-40 District; B & J Speciality, Tiny Tot Nursery and R-1 District; Family Supermarket' & Restaurant and EC-9 District. Eait - Single-family homes and R-1 District; Botsford TV repair and R-1 District. West - Single-family homes and R-1 District; the Pantry Convenience Store and NC-2 District. Land Use Plan: Th- . ..art is within the HB-3 St. Mar 's . .ted at the int- - '. of US " I and St. Ma Is Road SR 1002). The Plan category for this node is Commercial Transition. • - - 04'i - . '.. Applicable Regulations: Listed below is a comparison of uses permitted in the R-1 Residential and NC-2 Neighborhooa Commercial Districts. "**" indicates a use permitted by right. "A" indicates . ! a specified use permit is required from the Planning Board/Board of Commissioners. "B" indicates a special •- use permit is required from the Board of Adiustment. ro- indicates the use is not permitted. , . PERMITTED USES b R-1 NC-2 Day nursery, day care, private kindergarten B * Dwelling; single-family * * '.. , Dwelling; two-family * * ....,: • Dwelling; multiple-family 0 * **1*: Dwelling; mobile home * 0 1-*= 1 ..1tP1 Family Care Home * * Group Care Facility B B 'I Temporary mobile home B 0 1 ; Accessory Uses * * Airport, general aviation A 0 Botanical Gardens * t . , Buildings, portable B B ..:,,,1-• Bus Passenger Shelter * * :•':'".:1 Cemetery B 0 %-.-1-::. • Church * * Community Center B * Extraction of Earth Products A 0 Governmental Protective Services * * .:2.- Land Fills (2 acres or more) A 0 Land Fills (Less than 2 acres) B 0 Military Installations 0 * Parks, public and non-profit * * . . Parking As Principle Use, surface or structure 0 * Public Utility Stations/Substations A A Radio/TV towers B 0 • '. Schools * 0 = ..: Schools, Dance, Art & Music 0 * Transmission lines B B Universities * 0 .. .:• Governmental facilities * * --.•/-1 * * Water/Sewer pump stations , . • •., Banks & Financial Institutions 0 * . ... Beauty & Barber Shops 0 * ,.. . Social Clubs & Lodges * * Greenhouse (No on-premise sales) * * ' ! 1 Greenhouse (On-premise sales) 0 * Kennels/Ridina Stables B 0 Laundry & Dry Cleaning Services 0 * '-.7 • , Libraries 0 * , f Motor Vehicle Service Stations 0 * •'-, _ Offices & Personal Services, Low Traffic Volumes 0 * Offices & Personal Services, Medium Traffic Volumes 0 * I••r —....—, ;.4 .-..'i. r -. . .- •'' j . , .. . O43 : --I • PERMITTED USES R-1 NC-2 Recreational facilities Golf Club/Country Club Repair Service, Electronic & Appliance 0 Research facility 0 Restaurants: Carry Out 0 * Restaurants: General 0 Retail Trade, Sales & Rental of Convenience Goods, Low Volume Traffic 0 , ; Retail Trade, Sales & Rental of Convenience Goods, Medium Volume Traffic 0 Retail Trade, Sales & Rental of Durable Goods, Low Volume Traffic 0 Retail Trade, Sales & Rental of Durable Goods, Medium Volume Traffic 0 ir id .:. ; OV: 1 'f." ,.. Other applicable regulations are as follows: DIMESIONAL REQUIREMENTS R-1 NC-2 1.;Q. Lot area/unit or use 110,000 S . ft. 2,000 sq. ft. • .''.,:.., Lot width 130 ft. 20 ft. 1. 1. Front setback 110 ft. 5c, ft. Side/rear setbacks 20 ft. N/A Building height 25 ft. 35 ft. ■ 4.1./itc ; . APPLICATION CRITERIA The purpose of the Neighborhood Commercial-II (NC-2) zoning district is to . . .. provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. Section 11.2.9 of the Zoning Ordinance states that the district designation will be applied where the following conditions exist: - - 1. Designated by the adopted Land Use Plan as either a Commercial H-.- Activity Node or Rural Neighborhood or Rural Community Activity Node. ':"•tl. Staff Comment: As indicated previously, the subject property is within the HB-3, St. Mary's node which is a Commercial Transition Node. 2. Uses would serve a market area population confined to the immediate area andwould generally not serve commuters or persons ,...- . outside the surrounding neighborhood. ' Staff Comment: This use (Orange Garden Center) is currently in operation. In addition to this use there are other commercial :... i...,3:, uses presently in existence near this node, including a small gas station, a convenience store with gas pumps and a flea market store. Consequently, the market area population is predominantly comprised of the immediate area and would generally serve little to no commuters or persons ,outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. JH' :, ;•1 Staff Comment: There will not be individual uses or lots created : . . out of this property, only one lot with the single operation of a Garden Center. Water supply and sewage disposal facilities are - - . provided by the Town of Hillsborough. ,...... h. The maximum amount of land zoned NC-2 at any node shall not ,...., , exceed nine acres, but a maximum of 5 acres shall apply where population density is lower and distributed more widely than in the Transition areas. . . .., ., ., ,'7-----" '..-:.■"....!,' :It:,'.,1 :.'':' •' • , . I : 051 1.11,911SsnegI1 The subject property meets both criteria. The 1! ':.‘: proposed parcel is 2.77096 acres, while the existing parcel is 1.40254 acres comprising a total tract of 4.1735 acres. All sites designated VC-2 shall have direct access to a street classified either as an arterial or collector as designated by .!..?-1 the adopted Land Use Plan. 1,•;•f• Staff Comment: As indicated preViouslY, the subject property is --------_-__. • ,4i;, located at the 113-3 ActiiritY Node. This node is located at the “...! intersection of an arterial (US 70 By-pass) and a collector (St. Mary's Road - SR 1002). ..,!!!..! r '! '----A' ---; i '.. ! .! . . ':'...!•:.: A tm - -„ .-:-."- -4! -. : *! -_, . 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S.r • \ N. , ; r i‘ ... i f . ., ` 1 .. \ .•,) i.1. .%.1"".'"\\ Z.: ..t.e'lltlIV pi.. 6_,,, RFoiozz i... ‘ t..... ..10 ly..ES ..,, ;. zr, .• :•4,1 . •, . - .... . . . t • ' . • -•"4 '''''''''1177rrr m.r.".''''''''",•••”"1‹.7":171.1:1r-7.7•7".'il r..r7477.r.rr'nr!";?7,:..f:';'.1's;',."';'.... .."...rr rv-.4"57"7.7=7.77V7•77'.="3:=7"nr777 r•71:7•C:....3,..• •••...ryir.•••.•••r•- ; •+' •-":•'"e*:'.3':"4"1;""t'"'•-4'4'' .."-L' ''",'-1114-4,2f.,..";;;;;; EN;:ct,":::::::.47,4,:kl-lb..1.:4:-,-. 1.1ZiaL;.Z..ai4;,::`,2-..1.i.:::..4t:'1...;... .4-1,:::.-r ".. •,: . ..____.......— ORANGE COUNTY : V BOARD OF COMMISSIONERS ACTION AGENDA - . ACTION AGENDA ITEM ABSTRACT ITEM NO_C-5-( , MEETING DATE NOVEMBER 28, 1983 SUBJECT: REZOYING REQUEST -- Z-6-83 MINIS HOWELL .,,. ' - , DEPARTMENT: PLANNING I PUBLIC HEARING: X YES NO - „ ATTACHMENT(S): STAFF REPORT INFORMATION CONTACT: PARVIN COLLINS . ,,. PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 . ,..z, CHAPEL HILL - 967-9251 '' .., MEBANE - 227-2031 DURHAM - 688-7331 .."..--. . . PURPOSE: To receive public coament on the proposed zoning change for 3 acres from R-1 Residential to Cormnnity Commercial - 3 NEED: The property is located in Chapel Hill Township on Tax map 24 lots 27,27C, and 27A . The property is located on the south side of Weaver Dairy Road ' I and on the east side of NC 86. Conmunity Gammercial 3 would allow comercial -.1..: developuent on the property. Water and sewer lines are available to serve Tiuberlyne Shopping Center and could be extended to this site. A 16" water main exists in Weaver Dairy Road, while an 8" sewer line is available in Banks Drive adjacent to Tiaberlyne. Site has direct access onto NC 86 and Weaver Dairy Road. Both roads are designated as arterial streets in the Land Use Plan. The inteLection of NC 86 and Weaver Dairy Road is under consideration for a traffic signal to regulate traffic when the Timberlyne Shopping Center opens on December 1, 1983, Fire protection for the property would be provided by the New Hope Rural Fire department. Lau enforcement protection would be Provided by the OrangeCounty Sheriff's Department. IMPACT: The site is designated in the Orange County Land Use Plan as 10 Year Transiti ,... ,., and as a Commercial Transition Activity Node. .,-..' . - -...- 1 ...---' RECOMMENDATION(S): 1• i 1111 i 1 1 ORANGE COIrNTY PLANNING- DEPARTMENT EIILLSBOUOUCII NORTII CAROLINA 27278 4. t S a 46'16 c..• TO: ORANGE COUNTYIPLANNING BOARD FROM: Marvin E. Collins, Planning Director DATE: November 16, 1983 RE: Z-6-8 :m ;EZONING REQUEST) GENERAL INFORMATION Applicant: Dennis Howell 1717 Legion Road Chapel Hill, N. C. 27514 Location: South side nf Waver Dairy_Boact_and on the east sideig_gr. Requested Action: Rezone from Residential -1 to Community Commercial-3 Purpose: To enable commercial development Lot Size: . 3 acres or 130,680 sq. ft. Surrounding North - Single-family, duplexes, and a mobile home park, Land Use: zoned Residential-1, Vacant tract zoned CC. South - Office building and mobile home park, zoned R-5, Vacant tract zoned R-4 East - Timberlyne Shopping Center zoned R-5 and Montessori School, zoned Residential-1 West - Chapel Hill Fire Station and single-family ! residential, zoned Office-Institutional-2 and Residential-1 Land Use Plan: The subject *ro.erty is in the C • s, • node oca e. at the intersection of Weaver Dai c... NC 8.. The plan category for this node is Commercial Transition. The requested CC-3 district is one of six (6) commercial/ office zoning designations allowed in a Commercial Transition Node, provided certain criteria are met. ' . . :• .-.,' - . ... Applicable Regulations: Listed below is a comparison of uses permitted in ,-,-, the R-1 and CC-3Residential districts. "*" indicatp- a use permitted by right. "A" indicates a specif use permit is required from the Planning Board/Bo , of CormiSsioners. "Be' indicates a special use permit is required rom the Board of Adjustment. "0" indica ,,-,- ., f! the use is not perMitted. ":'•;-:,, ....-r. COMPARISON OF PERMITTED USES ,...-i' ■ - * - Use by right 0 - Not nermitted '.X:-.. A - Class A Special Use B - Class B Special Use PERPUTTED USES R-1 C0-3: - . Day nursery, day care, private kindergarten B * t Dwelling; single-family * * 1 Dwelling; tWo-T *ilmily ' * Dwelling; multiple-farily 0 * * i Dwelling; mobile home 1 0 1 Family care home * * t Group dare facility B. B Residential hotel (fraternities, etc.) 0 A Rooming house 0 0 r , Temporary mobile home B Tourist home 0 0 '- A - ccessory uses * Airport, general aviation A * . Botanical gardens . Buildings, portable B B . Bus passenger shelter * 0 f'',. .. Cemetery B Church •- * Community;center B * - -:` Extraction of earth products A - 0 Governmental - protective services * --,1 Landfal (2 acres or more) A 0 Landfill (Less than 2 acres) B * Parks, public and non-profit * ■ Public utility stations/sabstations A A Radio/TV towers B B - Schools * 0 Transmission lines B , B Universities * * Gavernmelatal facilities Water/Sewer pump stations * Social Clubs or lodges . *. Greenhouses (No on-premise sales) * * . , .„ Kennels/Riding stables B B 1: . Recreational facilities (non-profit) B B Golf club/country club * * 4 : . ....J., ., ----''' . •,-I'' . O56 PERMITTED USES R-1 CC-3 Rehabilative Care Facility Hotels & Motels Bus Terminals & Garages Military Installations (National Guard & Reserve Armory) Parking as Principle Use, Surface or Structure Schools; Dance, Art & Music Animal Hospitals; Veterinarians Assembly Facility Greater Than 300 Banks & Financial Institutions I Beauty & Barber Shops Clubs or Lodges; Social; Fraternal or Union Clubhouses - " Greenhouses (On Premises Sales) Health Services: Under 10,000 sq. ft. Laundry & Dry Cleaning Services Libraries Motor Vehicle Maintenance & Repair (Body Shop) Motor Vehicles Service Stations Nightclubs, Bars, Pubs 528 Offices & Personal Services S29 Offices & Personal Services tT.5 S30 Offices & Personal Services Postal & Parcel Delivery Printing & Lithography Recreational Facilities (Profit/Non-Profit): Golf Club & Golf Club Country club Recreational Facilities (Profit) Repair Service: Electronic & Appliance Research Facility 1 Restaurants: Carry Out 1 Restaurants: Drive In Restaurants: General S42 Retail Trade, Sales, & Rental. S43 Retail Trade, Sales, & Rental ;41 S44 Retail Trade, Sales, & Rental S45 Retail Trade, Sales, & Rental 06 Retail Trade, Sales, & Rental 547 Retail Trade, Sales, & Rental Wholesale Sales I O57 .,.. -., . ... .:.:. : ''...: .....:• : !.:.i..!. . -. ! .. :1 Other applicable regulations are as follows: . .- DIMENSIONAL REQUIREMENTS R-1 CC-3 Minimum Lot Area Use 40,000 sq. ft. 2,000 sq. ft. Minimum Lot Width 130 ft, 20 ft. Front Yard 40 ft. 50 ft. : Side/rear yards ■ 20 ft. -- 7;1 Building height 25 ft. 45 ft. Minimum gross and area --- --- Maximum floor area ratio .058 .400 Required minimum open space ratio .84 .72 ...::,::• .,,•:;:':• Required minimum landscape ratio -- .26 ..--.! 1 APPLICATION•CRITERIA .%".' The purpose of the Community Commercial-III (CC-3) District is to provide .;-..:,-. suitably located and sized sites for commercial, office and service uses including limited automotive, convenience, durable goods. and other similar uses. Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundaries of the use. Section 4.2.10 b of the Zoning Ordinance states that this district will usually be ,:. applied when the following conditions exist: 1. To be applied to existing community commercial type developments on sites that are within areas designated by the adopted Land Use Plan as Commercial Transition Activity Nodes. Staff'CoMment: The site is designated in the Orange County Land Use Plan as 10-Year Transition and as a Commercial Transition Activity node. 2. Neal developments of a Similar nature should be controlled by the appropriate Planned Development designation in the Chapel Rill Joint Planning Area. Staff Comment: The applicant is requesting a "general use" zoning designation, not a "Planned Develonment" category. The request is thus at variance with the application criteria. 3. Uses would serve a market area copulation extending to major seaments of -... Orange County and its municipalities. - . . ...;:, Staff Comment: The proposed site would. serve nrimarily the Carrboro-Chanel Hill area. However, its location is such that it would serve those . . portions of Oranue County immediately north of Chapel Hill. .., I.: :^: .,, :- -21 1 1 I . _ : 05E • . • 4. Urban services such as water supply and sewage would exist or be made available as part of the development process. Staff Comment: Water and sewer lines are available to serve Timberlvne • • Shopping Center and could be extended to this site A 16 inch water main eYists in Weaver Dairy Road, while an 8 inch sewer line is available in Banks Drive adjacent to Timberlyne. ;... 5. All property to be designated for new development under this classification shall have direct access to major collection streets as designated by the adopted Land Use Plan. Staff Comment: Site has direct access onto NC 86 and Weaver Dairy Road, both roads designated as arterial streets in the Land Use Plan. The intersection of NC 86 and Weaver Dairy Road is under consideration for a signal to regulate traffic when the Timberlyne Shopping Center opens on December 1, 1983. No specific use of the property is known but an estimate of traffic generation is possible using date from the national Institute of Traffic Engineers. If developed for commercial purposes, da estimated 1,296 vehicle trips per day would result (432 trips/acre).. If developed for office purposes, an estimated 675 vehicle trips per day would result (225 trips/acre). The average daily traffic on NC 86 was 8,976 vehicles per day in 1982. Average daily traffic on Weaver Dairy Road was 3,100 in 1982. Being situated on the corner of two arterial streets, the site, if developed for commercial purposes, would increase traffic on NC 86 to near capacity levels OTHER INFORMATION Fire protection for the property in question would be provided by the New Hope Rural Fire Department. The new'Hope Fire Station is approximately 1.5 miles from the site Response'tiMe"from the station would be approximately 2-3 minutes, Since this property borders on the Chapel Hill zohing/eorporate limits, annexation would necessitate the site being served by Fire Station No 4 on NC 86. That station is located across NC 86 from the site. ! Police Protection: Law enforcement protection would be provided by the Orange County Sheriff's.Department; The bitenfalls within Patrol Area 11 which is patrolled on a 24 hour basis, three shifts, one deputy per car, • H, ....:„ . , : , ,,,,,,,,,.,,, \..!...........,________ _ s , 0 CI ',.,:::')...` : *4* _ ,0.3 ! ...„..i.„.>-, ',..:‘`,. I M 1. 8 / v i h*'- .'. .... '''• t..1,"4, ' - f___ ,. .. , 1 . h „,.. ...,, , , , , „.-........ , , 0 , , , ,. ‹, , .„, , I t,, C)„, , :...4.,•,.--.; I i`Fn',...,_ x g • . i . ..„.•.,,: it: rat -..„„,,e,N, C° • . ci ja '" •'' 1 I 1 t ., ..,fr\t•:::::::::;;; 1\ ,.4_,,,„ 4 -4. +A ,, .. .' --1--"'". 0 (:-)Fii .?, 41 -,:,-,.,::::,...jr4i:::::f.:::::if.5. '"' 4 ....- ,,, 0, ,,,... „„,„---:.....„,„.. —....--.T OS L ......,. :,.4....., t:,.. ...„.„.., ..,...„....„. ..... 1,11r......::::::..i,e.iil.::::::::::::::.......0;.........::::::::,....:::::,::...,x4.. ,.; ,.. ...%., ...._.....:___ : 1 , si . 5...:„...7...K.....,... ....f..,..t......1...:::::.,:i .,..„ ,,', .... ......... . 1 . = . _. c,..,..„..,.......1,, t....i..........:,::::.......i.„...„...........,:::2z.s„,.....,.......„_..... ....___2002‘ . ...., , :. .:::.,..r.4..:::::::::::.......;....:„.. ....,....„...... i. •... ,..5.,5_,.. : 0 .., _ tq 1.2 0 4 0<''-t': I ,,,,,;.) '''. it::11/). :(DC:1 el: . ...../ .....-1 v-,.., ORANGE COUNTY MEACBTTAOGENCDOAMTEMIANBESICTqpi AICTTEIMONN01.7-!D SUBJECT: REzoNING REQUEST -- Z-7-83 JAMES P. GOFORTH DEPARTMENT: FLAMING PUBLIC HEARING: .x YES NO ATTACHMENT(S): STAFF REPORT INFORMATION CONTACT: ryanrni COLLINS PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: To recf. ve public commit on the proposed zoning change for 45 as from 12,1 Residential to R-8 Residential. •, • NEED: The property in question is located in Chapel Hill Tmnship an Tax map 17 and includes that portion of lot 15 that is south of the 1-40 corridor on theIncrthside of Weaver Dairy Road. R-8 would allow development at a density of eight (8) units to the acre: the property abuts the Chapel Nil Zoning jurisdiction. CWASA rleccumends that no public water service be provided 'until the Nunn Mountain elevated water storage tank is completed. If a public water systzn is to be utilized for development of this area1 the water lines must be 1...-d, a 12 irich or larger water main may be needed according to CWASA, Conventi. -1 gravity sewer service be provided for this property, Access to the site is by Weaver Dairy Road. Fire protection would be pr. .-d b the New Hope Fire Department. If annexed by the Town of Chapel Hill, the -;te would be served by fire station Number 4 on NC 86.. Law enforcement protec...on • would be provided by the Orange County Sheriff's Department, • IMPACT: The land Use Intensity system is applicable to this request. This area is d.,signated in the Land Use Plan as a Transition Area which can reasonably be anneXed by a municipality in the next 10-20 years. • RECOMMENDATION(S): I 51 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF ORANGE COUNTY, NORTH CAROLINA Pursuant toithe requirements of the General Statutes of North Carolina, Chapter 153A, Section 323 and Section 343, and Article 20,5 and Article 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, 106 East Margaret Lane, Hillsborough, N. C., on Monday, November 28, 1983, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of proposed amendments to the Orange County Zoning Ordinance. 7 ,JOHNSTON REALTY, 1301 E.Franklin St—Professional Bldg —Office 205 Post Office Box 2284 Chapel Hill,North Carolina 27514 919/957-5408 November V., 1983 To Whom It May Concern: I would consider allowing Mr. J. P. Goforth to use the Lockwood Drive road to have access to the adjoining property, if Mr. GofOrth brings the road up to current standards at his own expense. I do not object to his rezoning request. CR,Lvaci Charles W. Johnston [I] msume ,:;;... . 061 ..,•:i. . . :,,..,;,•. ORANGE COUNTY PLANNING DEPARTMENT ECILLSBOHOUGII ,•4!.N' WORM CAROLINA 27278 .1„,,.. •:! ‘'';'' ..7W-ici. a ■ ..'",4 to.' TO: ORANGE COUNTY PLANNING BOARD FROM: MARV/N E. COLLINS, PLANNING DIRECTOR DATE: NOVEMBER 15, 1983 RE: Z-7-83 JAMES P. GOFORTH (REZONING REQUEST) :,..•:.1IL GENERAL INFORMATION Applicant: James P. Goforth 121 N. Columbia Street ',:•-: ;, ::;t•ii':i• - Chapel Hill, N.C. 27514 Location: North side of Weaver Dairy Road and south of the 1-40 corridor. Requested Action; Rezone from R-1 Residential to R-8 Residential "':', .• Purpose: To allow for reasonable development as a residential site M71" Lot Size: , 44.8 acres ;';';,i•:' Existing Land Use: Vacant, wooded tract .. Surrounding Land Use The property in question abuts the Chapel Mill zoning/ •;,•,:•:.*:r i and Zoning: corporate limits jurisdiction. Zoning designations •'; >ki' below are identified for Orange County as OC; for Chapel .V1. Hill as CH •.`,.:,i !' , ::')•;! North - 1-40 Corridor and Sedgefield Subdivision, and R-1 district (0C). FfIV! South - Coventry Townhouses and R-5 district (CH); Weather- stone Townhouses and Lake View Mobile Home Park, an ,AH :,-• d R-1 district (OC); and the Village Company and Montessori Day School and 01-2 district (CH) . •••!! East - Carol Woods Retirement Community and R-5 district • :- ' (CH) West - Vacant land and R-1 district (OC) Land Use Plan: The Land Use Plan designation of the subject property is 10-Year Transition. The requested R-8 Residential distric; is one of seven (7) residential zoning districts identifir in the Land Use Plan as being compatible with the 10-Year - •. ,',:- ,- -' I,.. • • , i , , I . ,.. - i.:z ' Page 2 Land Use Plan: (continued) Transition Area designation provided certain criteria are met. Applicable Regulations: Listed below is a comparison of uses permitted in the R-1 and R-8 Residential districts. "*" indicates a use permitted by right,. "A" indicates a special use permit is required from the Planning Board/Board of Commissiorers. "B" indicates a special use permit is required from ths Board of Adjustment. "0" indicates the use is not perm'tted, COMPARISON OF PERMITTED USES A - Class A Special Use B - Class B Special Use PERMITTED USES R-1 R-8 kl Day Nursery, day Care, private Kingergarten B Dwelling; two-family Dwelling; multiple-family 0 Dwelling; mobile home Family care home Group care facility 'Residential hotel (fraternities, etc.) 0 A Rooming house 0 Temporary mobile home Tourist home 0 Accessory uses Airport, general aviation A 0 Botanical gardens Buildings, portable Bus passenger shelter Cemetery Church Community Center Extraction of earth products A A Governmental - p otective services Landfill (2 acreS or more) A 0 Parks, pUblic and non-profit Public utility stations/substations A Radio/TV towers 1 Schools Universities Governmental facilities Water/Sewer pumpistations Social Clubs or lodges 0 Greenhouses (No on-premise sales) 0 Kennels/Riding stables 0 Recreational faCilities (non-profit) Golf club/countrY club !v; , 4 P4' Page 3 Other applicable regulations are as follows: .7, DIMENSIONAL REQUIREMENTS R-1 R-B ... Lot area/dwelling unit 40,000 sq. ft. 5,000 sq. ft. Lot width 130 ft. 50 ft. ;.y. Front yard 40 ft. 20 ft, Side/rear yards 20 ft 8 ft. -:. Building height 25 ft. 25 ft. 1.f:H I Sk' SITE DEVELOPMENT - COMPARATIVE ANALYSIS 1. I TO give some indication of the impact of development of the 44.8 acre tract, the k density standards of the R-1 and R-8 zoning districts were applied to determine ill the maximum number of housing units which could be placed on the site. Standards for estimating traffic generation, water consumption, sewage flow and school student population were then applied to ascertain the effect of the project on thoroughfares, 1 public utility systems and schools. These calculations are shown on the accompanying k• table and discusSed in the "Application Criteria" section. 1 C I APPLICATION CRITERIA 1 ' The R-8 zoning district is one of three (3) districts designated as "high intensity !Y; residential districts". The purpose of such districts is to provide locations for high intensity residential development and supporting recreational, community, service 1 or educational uses in areas where the full range of urban services are available. ,. Section 4.2.4 of the Zoning Ordinance states that the district designation will be applied where the following conditions exist: 1. Designated by the adopted Land Use Plan as a Transition Area which 1 can reasonably be annexed by a municipality in the ensuing 10-20 years. , • I Staff Comment: As indicated previously, the Land Use Plan indicates the designation of the subject property as being 10-Year Trans on. Given the pattern of existing development within the area, it is reasonable to assume that annexation of the property by the Town of Chapel. Hill would occur within 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Staff Comment: Water-and sewer lines would.111 PXtended at.:_the_dauelopi .. L...re•-- • serve t . •P 1101-... . ter service can be .rovided hy. OWASA by-Wa -of the extension of a 12" • •" main from a 16 incl. .. . 'n Weaver Dairy Road. A longer:line is needed to serve • ..- .ties t. o- north of the • •o. -• -40. -.- ' ft • I be p ovi.ed • ._,A 4 .. . -ndinq a___j_leigh_t_ linefrom existing developments adjacent thereto. 3. Vehicular access must consist of direct access to a street clasSified,-bither arterial or collector as designated by the adopted Land Use Plan. 1 Staff Comment- 4 ' S to he 9• • "41. 'A toane point only • -,- -of ____________-• Weaver Dairy Rawl, Weaver Dairy Road has been classified as an arterial street in the Orange County Land Use Plan. , Direct access to this facility , is available from the property in question, .. .:.. 4... " ,fiiiisza,■,,,.._ . . . . _ " . , I' #... li A' -,-: ,--.- Page 4 1 2' Arterials are thoroughfares that provide the best service (shortest travel times) to and from important employment, shopping, educational andlpopulation centers. They are characterized by relatively high tra -1 speeds with minimum interference to through traffic . ...' Because of the importance of Weaver Dairy Road as an arterial or "trafa■c ',.:. mover", care must be taken to protect this function. In 1982, traffic volumes along this route had reached 3,100 vehicles per day. Given th,.. capacity of the route (10,500 vehicles per day) this means that an exce.s 1 capacity of approximately 7,400 vehicles per day remains. CompI letion of the proposed development will result in an additional 1,4:1 trips per day. This is based on an average trip rate of 4.97 trips per I day for high-density residential dwellings. The addition of 158 units under the requested rezoning would add an additional 1,536 vehicles per day. This development would thus utilize 20% of the remaining carrying ,:- capacity of Weaver Dairy Road, 4' aia,p.p.,111ii _a_ thoroughfare plan calls for the widening of Weav- DairY Road to a 65-foot cross section (five lanes) with curb and gutter :=. Thei I i have been requiring developer ' to be responsible for one- a ' t i-' section along the development frontage. Under a straight rezoning requ-st, this would not be possible but would under a Planned Development approa,h. Only if the development involves the subdivision of the property would his be required. 1 . 4. The full range of urban services exist or are proposed at the time of e development including fires, police, recreation, education, commercial :.4 i cultUrai activities. : I FireiProtection: Fire protection for the property in question would be provided through the New Hope Rural Fire District (New Hope Fire Depar ,ent). The fire station is located approximately 3.00 miles from the site. Re-•onse time!in the event of a fire would be approximately 5-6 minutes. If anne ed by the Town of Chapel Hill, the site would be served from Fire station ..4 on NJC. Highway 86. That station is approximately 0.5 miles from the s'te, ; Response time would be approximately 1-2 minutes. 1 Police Protection: Law enforcement protection would be provided by the Orange County Sheriff's Department. The site falls within Patrol Area which is patrolled on a 24-hour basis (3 shifts-one deputy per car). Recreation: Tbe LAndycg. • -. ' S st- , . .' • .•. ' • e • r- Residential developments reouirps the Provision of 1.75 acres of recreation This space must be improved for the common recreational use of residents of the development. The space may beeither publicly or privet-ly owned. In the farmer situation, opportunities exist for dedication of the space to Orange County, If privately owned, provision should be made for the improvement of the space and its continued maintenance through a homeowner's association. Existing recreation facilities and programs are available to serve the future residents of the development. These are provided by the Orange County Recreation Department, Since thi. property borders the Town of Chapel Hill, annexation would make the faci iti. of the Town available. Cedar Falls Park, the closest Town facility, is located on Weaver Dairy Road approximately ' miles from the site, . :.,1,,......:1. . , LID Page 3 other applicablelregulations are as follows: DIMENSIONAL REQUIREMENTS R-1 R-8 Lot area/dwelling unit 40,000 sq. ft. 5,000 sq. ft. Lot width 130 ft. 50 ft. Front yard 40 ft. 20 ft. Side/rear yards 20 ft. B ft. • Building height 25 ft, 25 ft. SITE DEVELOPMENT 1- COMPARATIVE ANALYSIS To give some indication of the impact of development of the 44.8 acre tract, the density standards, of the R-1 and R-8 zoning districts were applied to determine the maximum number of housing units which could be placed on the site. Standards for estimating traffic generation, water consumption, sewage flow and school student population were then applied to ascertain the effect of the project on thoroughfares public utility systems and schools. These calculations are shown on the accompanyin table and discussed in the "Application Criteria" section. APPLICATION CRITERIA • The R-8 zoning district is one of three (3) districts designated as "high intensity residential districts". The purpose of such districts is to provide locations for high intensity relsidential development and supporting recreational, community, servi e or educational uses in areas where the full range of urban services are available. 1 Section 4.2.4 of the Zoning Ordinance states that the district designation will be applied where the following conditions exist: 1 1. Designated by the adopted Land Use Plan as a Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years. Staff Comment: As indicated previously, the Land Use Plan indicates the designation of the subject property as being 10-Year Trans on. Given the pattern of existing development within the area, it is reasonable to assume that annexation of the property by the Town of Chapel Hill would occur within 10-20 years. • 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. Staff Comment: Water and sewer lints would be _extended at the develop'er's expense tO serve the property. Immediate water service can be provided by OWASA by-way-of the extension of a 12" or 16" main from a 16 inch main in Weaver Dairy Road. A longer line is needed to serve properties to the north of the proposed I-40. Sewer service can be provided by OWASA by extending an eight (8) inch line from existing developments adjacent thereto. 3. Vehicular:access must consist of direct access to a street clasSified,,either arterial Or collector as designated by the adopted Land Use Plan. Staff Comment: Access to the site is limited tome point only by-way-of Weaver Dairy Road. Weaver Dairy Road has been classified as an arterial street in the Orange County Land Use Plan. Direct access to this facility is available from the property in question. „ " 41i COMPARATIVE ANALYSIS/DEVELOPMENT IMPACTS - GOFORTH TRACT zoNron DISTRICT : — CHARACTERISTIC R-1 R78 Land Area 44.8 acres 43.05 acres (2) Street P/N Area (1) 4.97 acres 8.61 acres (11.1%) 20% Net Development Area 39.83 acres 34.44 acres Lot Area/Dwelling 40,000 sq. ft. 5,000 sq. ft, Allowable Dwelling Units 43 300 Density (Dwellings/Acre) .93 6.70 Estimated Trips/Dwelling(3) 8.87 4.97 Traffic Generation (3) 381 ADT 1,491 ADT Water/Sewage Flow/Dwell g (6) 400 gpd 400 gpd Net Water/Sewage Flow 17,200 gpd 120;000 gpd Projected Student Popula ion(5) 34 240 Elementary 17 120 Middle 6 40 Jr. High 6 40 Sr. High 5 40 Recreation Area Required N/A 1.75 Source Notes: (1) Based on percentages taken from subdivisions of developments of comparable lot (2) Land area available after deduction of land required for recreational use by LT-Land Use Intensity; (3) National Institute of Traffic Engineers Trip Generation Study. (4) John McAdams Company (based on NCNRCD standards) (5) 2.8 •-rsons/household = 80% of households with school age children (% Di-tribution - 50% Elementary; 17% Middle, Jr. High and Sr. High) ".],,'(■ 47 A: -g Page. Arterials are thoroughfares that provide the best service (shortest I travel times) to and from important employment, shopping, educational and population centers. They are characterized by relatively high tray..1 spee I s with minimum interference to through traffic • Because of the importance of Weaver Dairy Road as an arterial or "traff' 1 mover", care must be taken to protect this function. In 1982, trafEic volumes along this route had reached 3,100 vehicles per day. Given the 1 capacity of the route (10,500 vehicles per day) this means that an exce-s capacity of approximately 7,400 vehicles per day remains. Completion of the proposed development will result in an additional 1,41 trips per day. This is based on an average trip rate of 4.97 trips per day for high-density residential dwellings. The addition of 158 units under the requested rezoning would add an additional 1,536 vehicles per . day. This development would thus utilize 20% of the remaining carrying capacity of Weaver Dairy Road. I . Chapel Hill's adopted thoroughfare plan calls for the widening of Weave. Dairy Road to a 65-foot crass section (five lanes) with curb and gutter Theylhave been requiring developer ' to be responsible for one-half thi- section along the development frontage. Under a straight rezoning requ,st, thisIwould not be possible but would under a Planned Development approa.h. Only if the development involves the subdivision of the property would his be required. I . 4. The full range of urban services exist or are proposed at the time of e development including fires, police, recreation, education, commercial • d cultural activities. Fire,Protection: Fire protection for the property in question would be provided through the New Hope Rural Fire District (New Hope Fire Depar ent). The fire station is located approximately 3.00 miles from the site. Response time in the event of a fire would be approximately 5-6 minutes. If anne -d by the Town of Chapel Hill, the site would be served from Fire station ‘‘c1.4 on NIC. Highway 86. That station is approximately 0.5 miles from the s te. r Response time would be approximately 1-2 minutes. Police Protection: Law enforcement protection would be provided by the Orange County Sheriff's Department. The site falls within Patrol Area 1 which is patrolled on a 24-hour basis (3 shifts-one deputy per car). Recration: The Land Use Intensity System which is applicable to R-5 Residential developments requires the provision of 1.75 acres of recrea ion area. This space must be improved for the common recreational use of residents of the development. The space may beeither publicly or priva ely owned. In the former situation, opportunities exist for dedication of the 'space to Orange County. If privately owned, provision should be made! for the improvement of the space and its continued maintenance • through a homeowner's association. Existing recreation facilities and 1 programs are available to serve the future residents of the development Thes are provided by the Orange County Recreation Department. Since th s prop rty borders the Town of Chapel Hill, annexation would make the fac litie of the Town available. Cedar Falls Park, the closest Town facility, is locaited on Weaver Dairy Road approximately - miles from the site. _... '.,:. . , - • 4 ; Page 5 Education: Development of the property in question will have an impact in terms of the ability of the Chapel Hill-Carrboro school system to provide adequate educational space for new children. Phillips Jr. High School has a capacity of 725 students with 786 in attendance. Senwell Elementary School has a capacity of 388 students with 341 in attendance A capacity is not known for Chapel Hill High School but 1,197 students are un attendance now. Development of the property at R-8 densities could result in as many as 240 new students. The major impact of this development would be on Phi lips Jr. High where 80 additional students might be expected. Commercial/cultural facilities: The site is located approximately 3.4 miles from the central business district of Chapel Hill and approximate y 6.2 miles from the proposed Timberlyne commercial development along Weaver Dairy Road. Business within these two areas as well as existing and future commercial development can serve the shopping needs of futur arealresidents. A wide array of cultural activities are available in Chapel Hill and Durh6: many offered through university-sponsored programs. " . - ; , U a ," 111\1 9 w a la " r j Q o 0. N c 4 • 11111111:11'' I \. 0 w " as ! I lip / -,`` .--y N ry 1 � \ . 1X• . co 7\ 7 H7 i. .Wig a 11 ID� f "-Iv. w/ m I, / Q J © L N i N;elj . \- i r a U 1 as °w a • corn # / \ N . kci..,., : N 1 I 3,/ f a 417 r- N I W �o a ;1 1 Is-7 1 a. 0 ' j 11 r IQ -J t • fw Li 3 : ! ,m7 f Iy w qd 07'm . / N r �i / . r ..„,‘ 6 .. . \ co u / cr ! Q ..., �1 / N `b�� _Q7 i - m i N m( \ .?0- 1 I.) ® ,,,,..c . . c.„ ro :7, \\ , , E <1 . ,ri , . A . r- _-. I, ^ r 01-9 ty111V.,S�AC �/- 1,1 I N� �a rw 0 .0 n w 2 z c.7Q `l, pKp� �5 • 0 "ir'1 1-'5i.•6r:' .... OR. L . a- %--1.- • ip�iu, -•+'� `� I IL, " N ■ O �� V o: g � 5 . ti o ,L3G1'' ¢ 3,., cc:, - '2 N° 'CO i7i8..) 0, •..... .., __,..00,..... .• . ,..,. ... ...,.____.— . ._ \\ P. •-_ --' ,\ g �/ to J \ 4 .- - N I 1 1 • MEMORANDUM TO: Orange Co ty Planning Staff FROM: Elizabeth H. Rooks,, Town of Chapel Hill Development Coordinator SUBJ: Proposed Jzoning of Goforth Properties; Tax Map 11, Lot 15 DATE: November 1J,, 1983 Our staff has reviewed this proposal ihd recommends that the property net be rezoned without the concurrent consideration of a Planned Development. Our principal concerns are with access and the suitability of the proposal, given the proximi* to T-40: We feel that it is necessary that at least two means of access be provided, and we would prefer that both means be to Weaver Dairy Road, in order to avoid conflicts with the traffic carrying capacity of NC 86 and its i-4C interchange. We recommend that 'development of this property be by Meant of a planned development by whiich the County Commissioners could assure that adequate and appropriate access is provided based on the particular design of the development and that adequate uffering provided for the development from 1-40. MEMORANDUM TO: Orange County Planning Staff , 1 FROM: Elizabeth R. Rooks, Town of Chapel Hill Development Coordinator SUBJ.: Proposed ezoning of Dennis Howell Property, Tax Map 24, Lot 27 DATE: November 18, 198.3 Our staff has revi'ewed this proposal and recommends that the property not be L rezoned, without the concurrent consideration of a Planned Development. This property is in a very critical location with respect to NC. 86/Wee'yer Dairy Road and their intersection, 1 We recommend that; its developMent be by means of a Planned Development by which the County Commissioners' could assure that adequate right of way is dedicated and improvements made to NC 86/Weaver Dairy Road and their inter section and could assure that the ingress/egress for this property as it is developed does not interfere with the operation of this intersection or other existing or plann d intersections,f.if other roads with NC 86 or Weaver Dairy • Road 1 1 November 25, 1983 • Planning Board Orange Courlaty Planning Department • Hillsborough, NC 27278 Dear Board Members: I will not be able to attend the Public Hearing scheduled for Monday, November 28, 1983. Still, I wish to submit some thoughts for your consideration regarding a R-1 to R-8 rezoning request by J.P. Goforth. My wife and I own approximately 10 acres on the south side of Weaver Dairy Road; just across from the Coventry development (Map 25-2A). • We are concerned that high intensity development along Weaver Dairy Road might be of such density that the road would become hazardous. It is with this perspective that we are asking the Board to support no greater that R-5 residential zoning for any property with direct • access to eaver Dairy Road, and we offer the following arguments: 1. Arterills (as Weaver Dairy Road is designated) are "characterized • by relatively high travel speed with minimum interference to through traffic." 2. An estimated 1,491 to 1,536 vehicles per day from this property represents 15% of the total capacity of Weaver Dairy Road feeding the n arterial at a single point. 3. The access point to Weaver Dairy Road from this property is within one-half mile of Tymberline Shopping Center, which could easily conttlibute an equal if not larger number of cars to this arterial. Thank you or the opportunity to have these points considered in your deliberatidns... Sincerely, Charles Pulliam • • ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA, RI 27278 44 46,000 lot - etb:41/414 ja.c.Art yvelS = 3WD utNa's tp.) clitmalre4 0 / F5 \le"' '" • era'. KW COS AS.011 "I ctiol`' bahi November 11, 1983 Dear Orange County Resident: This letter is to hat you know about a Rezoning proposal, which Orange County is considering. Mr. J.P. Goforth has requested a straight rezoning from.R-1 to R-8 on approximately 45 acres of land lOcated north of Weaver Dairy Road and south of the 1-40 corridor. The tract requested is located in Chapel Hill Tainship on Tax Nap 17 and includes all of lot 15 that is south of the corridor. This proposal will be discussed at four different ueetings: The first is a pre- ' liminary information meeting; the second is the Public Hearing, the third is the Planning Board reviw and action, the fourth is the County Coumissioners review and action. If you are interested in the proposal, I encourage you to attend the preliminary information meting on November 21, 1983 at 7:30 p.m. in the basenent Courtroom of the Orange County Courthouse. The proposal will be explained to the public and Planning Board at this meeting. The Public * a on this proposal is scheduled for NovaAher 28 1983 at 7:30 p.m. 1,>-* in the Superior Courtroom o - I ange ty ,01 e. This ueeting is open to the public and time will be preVided for your comments. You are requested to keep your comments to the point and to avoid repetition. In making their decision on this project, the Planning Board and County ammdssioners may consider evidence presented at the Public Hearing. The Planning Board 1411 make their recommendation to the County Caxmissioners concerning this proposal at their December 19, 1983 reed.ng. This meeting will be at 7:30 p.m. in the basement of the Orange County Courthouse, The County Ccamissioners will probably decide on the proposal at their January 3, 1934 meeting. This:meeting will be at 7:30 p.m. in the County Counissioners roam of the Orange Count Y Courthouse. Should you have any questions, please feel free to attend the information ueeting of the Planning Board or call the Planning Departnit at 732-8181. Sincerely, ,t,2./.// 2.eida Eddie Kirk Planner • November 28, 1983 1 Orange County Commissioners • 1 Hillsborough, NC 27278 Dear Commissioners : I regret that I will be unable to attend the meeting on November 28, 1983 to Ipresent my concerns in person. As a resident on Weaver Dairy Road, I am writing in opposition to the rezoning request by James F. Goforth. The proposed R-8 residential rezone, with a possi le 300 dwelling units, will clearly compound existing traffic, sch ol, and utility overloads. While I realize that R-1 is not consitent with the facing of the property on I-40, a com- promise to rezone to H-5 seems more prudent given the rapid 1 property development in this area without concommitant increases in roads , schools, and town water supplies. Thank you for your consideration of my concerns . Sincerely, Roberta Woolever 843 Weaver Dairy Road. Chapel Hill, NC 27514 • ORANGE COUNTY PLANNING BOARD • . ' Nov 25, 1983 TO: ORANGE COUNTY PLANNING BOARD ... . We, the undersigned residents of Weaver Dairy Road and Countryside subdivisions, oppose the rezoning from R-1 to R-8 on approximately 45 acres of land located north of Weaver Dairy Road and south of the 1-40 corridor (Tax map 17, Lot 15). i 1• Our oppoSitIion is based on the following considerations: I 1. The I proliferation of multiple-family and commercial :'. . 1 development along Weaver Dairy road decreases the livability and character of the adjacent single family residences and neighborhoods. In some instances, our property va10s may be decreased. 2. The rezoning of the above property and its subsequent develiopment will increase the traffic and congestion on Weyer Dairy road and its intersections at Highways 86 and Erwin road. At peak times, these intersections are presjntly overburdened and potentially dangerous. I 3. The ability of local governments to provide adequate water services is questionable due to present watei shortages. These problems must first be resolved prior to continued development of the property in question. I Based on ttie above considerations, we request the rezoning be denied and the property remain as presently zoned. TN1 411116601" C. 6ract, qii emil-P got, Init:L. . , • , • 31-4-e64. 909 Ce.(22_,- Jo<..,e___. . jc,".... ..,• ,V3 GIA/ 1-, 1, 1,....x _ A//i.- -,,a_e_, lit ce4.4, %,,.._ 7kir, &de, 6-erc 77z; ,--," /&. (A) scsei;:ete„ e, -›.,--, -404i ii2. YaLvie, Li:Kt (1 . 1 )', /, / k /aZAVA:7 ■ 1 CIL 7 ( I alts L ORANGE COUNTY PLANNING BOARD -- , NAME ADDRESS ./...", mg -Ott/Aut.) . r S'-31 j(o_k„..w4le -K-)9.. 11.4 q / c ral-it..-1, 1., ,,, "6--, ciz_dxak Futtx_qhivar_. 1446s&14,ilkstikr / gi, AL, q or eed s` 16400)1-064.6“, 24/ dzky66:44e-41"4-4, 1 i 05' c2,90Atot4.- RIZ, COOK/144 . dill le3 6-alsde Z:Kert,te, ,-- r-%_ t ,ea in 1? 6f2Aliti 1! ! ,,ll 0.1 ii, 9/Li 4z2zoici) I/ ,hteelixt/k 6Z/. )1 11„114/1) 1/ . 1 ' AO H/4:11'tk.7, :' 4 14'- '1°j1/.1'- i;" i ol ,,,,y( (-4(,,e- . /....) 2 /0 ol• ■wits),..06,402- (1 A fr, 49y, idie,get.IGC, ORANGE COUNT} PLANNING BOARD NAME _ wr ADDRESS -W,ilk kirckA\ Wet Rcatit 0.4444„ %poke, (.0 et 41 k)401044 ""1-Peirt (p9k? (1,41 it, y 5'.. 1 1 3 1 } ORANGE COUNTY': PLANNING BOARD ^ NAME | ADDRESS� • � | � . ^ ! .�� ,.. 4 ` ' ----------------' ° . ORANGE COUNTY PLANNING BOARD ° | . Nov 25, 1983 TO: ORANGE COUNTY PLANNING BOARD We, the undersigned residents of Weaver Dairy Road and Timberlyne Aubdivision, oppose the rezoning from R-1 to R-8 on apprOximately 45 acres of land located north of Weaver Dairy Road and south of the 1-40 corridor (Tax map 17, Lot 15). Our opposition is based on the following considerations: 1. The woliferation of multiple-family and commercial develOpment along Weaver Dairy road decreases the livabillity and character of the adjacent single family • residences and neighborhoods. In some instances, our property values may be decreased. 2. The '-- ~ of the above property and its subsequent develo!pment will increase the traffic and congestion on Wealver Dairy road and its intersections at Highways 86 and Erimin road. At peak times, these intersections are presenitly overburdened and potentially dangerous. 3. The abklity of local governments to provide adequate water Services is questionable due to present water Shortages. These problems must first be resolved prior to continued development property in question. Based on thelabove considerations, we request the rezoning be denied and the property remain as presently zoned. � ! � i ~ • ' | l — ~ ` ,.. 'OW ORANGE COUNT!' PLANNING BOARD I NAM ADDRESS ied, 1 7,'onta-th brit -"PA . tilt., 744eit- 41144 1 031:2 --- 4.44e (44" , *2 77-.44,e,t,i,„,t_ ic,/ , . As V4-44--alz: z 3 (V get.' I DeLe;?- rd." ., -7 .0, 9%z 3 Ai..edLc....44 4004,,,4 )(1,0-0.-- 2-)151, 2-0 <-1 Imt, ,_„„04450,..k,.. 1 io T 1'0,1 1 --e.414s.c.—c- 12-d, ee et) Hat.i--1 I/ .'"U.; tx 11-1t;zirks V'..A. . Ifu I), . e i 14,-( -17(: i)RAti,5,,,e_ Rd 9 /9 a4 '' ." - ''' ,01 it, ,......,..e.r.e.-4,. 441 -Ard,u-rt,e-e/Ritx ,f7 7 ,e.„1. *Re.f. 114Y '1' '1199" •! ___ Qo C.,1, 1.94.7,z_ k9c1 igg eel A 6(14,14,— /116 Kolpfox •. r-t 0,-9— ' c. :711,., - I • ti b . a Titibe4-1j,t, e. ROIX,4 . ),6 , 1 ORANGE COUNTY PLANNING BOARD NAME ADDRESS go& io.%)2 /3J\ f_iyee,_ (efla,/vLd. s Fraiti _ a-i‘f /.67 anreni A634xs2 , / ANAA..6.0 61.2A-5,-crv1/4.- ti 5 Y...t/NA%' 40.-vo (2edt.M.4-p, -.r1 71:77 ,-c- (2T C 6Q4t ) c14.\ztxvi.,< geg4-d-e4t ce4 6 /3as-a-0, P. 7' 1 -' 0c4" i/D 401 • (0 L I Cl -77",44115pL, qa/62_, 4.6). c440.x..zai /1, /0 3 / J447t 103 r-r;i1Wxr)2._ 3 • • • ORANGE COUNTY PLANNING BOARD NAME 1 ADDRESS RE,,,,—"ts, CO00111,318 ".* --Vfkr•T boaLsttve, , 14. ma. 4 1 1 eyed .lame& CHAPEL HILL RESIDENTIAL RETIREMENT CENTER,INC, 750 WEAVER DAIRY ROAD--CHAPEL HILL-N,C 27514-1602 19191 968 4511 November 28, 1983 Mr. Marvin E. Collins Planning Director Orange Codnty Planning Department Hillsborough, -N. C. 27278 Dear Mr. Collins: We writing in regard to the rezoning request of Mr. James P. Goforth cited in your memorandum of November 15, 1983 to the Orange CoJnty Planning Board. Our comments on the proposed rezonin. of the 44..tt acre tract on the North side of Weaver Dairy Road and South of the 1-40 corridor are as follows: 1) An RE5 zoning would appear to be mpre appropriate than the prop sed R-8 designation given the character of the surroundi g deve opments. 2) Our greatest concern is that development of the tract in question be done in such a way that the relative privacy of the elderly residents of Carol Woods be preserved by adequate preservation of trees and appropriate distancing of new units from the Carol Woods property line. Mr. Goforth has given us assurances on these subjects. 3) Assuming that an R-5 designation is made and given the assurances as stated above, we would be supportive of a change in zoning froml the present R-1 statu.s. Mr. Goforth has a reputation as a builder of quality housing; and we would expect that this property would be developed in a way that will preserve, and possibly even enhance, the residential character of our neighborhood. Please feel free to call on us if you have any questions or a need for fliarther information on this matter. Sincerely, 46_ John A. Diffey Executive Director JAD/jbn Copy to: grange County Planning Board (presented 11/28/83 at public Hearing) • si • • • OR TGE COUNTY PLANNING DEPARTNIENT Ear...LsBortouGH • NOR TEE CAROLINA 27278 • Z . AA t TO: ORANGE COUNTY PLANNING BOARD FROM: MARVIN E. COLLINS, PLANNING DIRECTOR DATE: NOVEMBER 15, 1983 RE: 2-7-B • • OATH (REZONING REQUEST) • 1 GENERAL INFORMATSON Applicant: James P. Goforth 121 N. Columbia Street Chapel Hill, N.C. 27514 Location: ,.4 „- 7_ 1..• south of the 1-40 . corridor„ ite‘ 471/5"..r.e./A Requested Acti Rezone from R-1 Residential to R-8 Residential Purpose: ,To allow for reasonable development as a residential sit- Lot Size: 44.8 acres • Existing Land Use: Vacant, wooded tract Surrounding Land Use The ••ert in • estion abuts the Cha•el Hill zonin and Zoning: corporate limits 'urisdiction. Zoning designations oe ow are identified for Orange County as CC; for Chapel Hill as CH. North - 1-40 Corridor and Sedgefield Subdivision, and R-/ district (0C). 1 south - Coventry Townhouses and R-5 district (CH); Weath- - stone Townhouses and Lake View Mobile Home Park, and R7-1. district (CC); and the Village Company and Montessori Day School and 01-2 district (CH) East - Carol Woods Retirement Community and R-5 distric (CH) West - Vacant land and R-1 district (0C) Land Use Plan: The Land Use Plan designation of the •• ct 1 10-Year Transition. The requeste. R-B Residential distr ct is one of seven (7) residential zoning districts identified 1 in the Land Use Plan as being compatible with the 10-Yea 1 '• • • • toeutio Nrmfrviimm al ARNIE'/1 II 4 At the Hay 23, 1983 Board of Commissioners meeting, questions wei-e,71-aised: .1 .._ ).., concerning the interpretation of the Zoning Ordinance provisions regardin. i non-conf ming lots and structures. Specifically, the questions were as follows: • . - - ' - if an individual owned a one-acre lot in a protected watershed .. with 'a two and/or five acre minimum lot size requirement, could he build a dwelling on that lot? and - if a dwelling constructed on a non-conforming lot was destroyed • by fire to the extent of 75% or more of the floor area, could it 4. , i .• be reconstructed? . . . - . Under Section 11.7.1 U56 of Single Non-conforming Lots for One-FLeiarly... Detached Dwelling, tETITg75TIiithe first question is Les a dwelling coul. be Wit On'a non-conforming lot provided the lot was not in continuous • . . , frontage with other lots under the same ownership and provided setbacks and building height dimensional requirements were met. _ . . The lot would also have to be a "lot of record". A lot of record is defin.d in Artiele 22 Definitions as a - . . I • lot created by deed or plat prioe to' the existence of subdivision: regulations. The area and dimensions of the lot shall meet any regulations in effect at the time the lot was created. Lots of record may be either conforming lots, that is they meet current reg lati. 1 or non-conforming lots. A non-conforming lot is defined in Article 22 as a I legally subdivided lot shown on a legally recorded plat existing at the time regulations were passed requiring greater minimum width or area than provided on such lot, or I establishing other limitations which such lot does not meet. Such.lots may be considered substandard lots of record. ! . Section 11.7.1 specifically addresses those lots of record which are by not re of their size or configuration non-conforming. Section 11.7.1 does not address whether or not the use of the tract is non-conforming, it merely providdS' or the residential use of a non-conforming lot.. However, a dwelling built on a non-conforming lot which suffers fire damage would subsequently be addressed by Section 11.10 Non-Conforming Structures, Other Than Siens,as written, due to non-compliance with one of the five requirements outlined in the Table of Dimensional Requirements which guides development in the various.zoning districts. . _ • The five dimensional requirements are: I *miiiiimum lot area per dwelling unit "miMmum lot width ***rckpired front setback ****reljuired side and rear setback maximum building height I A dwelling unit constructed on a non-conforming lot may not satisfy the requirement "minimum lot area per dwelling unit" marked by an (*), In addition a dwelling built on a non-conforming lot may not satisfy the second requirement "minimum lot width" marked by a (**). Should a dwelling be constructed on a non-conforming lot and subsequenti. be deqroyed by fire to the extent of 75% or more of its floor area, under Section 11.10(c), as written, the dwelling could not be rebuilt as it nay not satisfy either or both of the requiremerrig previously notee which address the non-conformity of the lot on which the dwelling was originIally built. In addition, due to lot configuration, retonstructio of the dwelling may not satisfy the third and fourth requirements" required front,Iside and rear setbacks" marked by WO. This would apply only dwellings constructed on non-conforming lots prior to the application o the Zolling Ordinance in 1981, as all dwellings built on non-conforming lots subsequent to that time would have to meet setback requirements as specified in Section 11.7.1. The intention of the non-conformity sections of the ordinance was not to pro?ide for the construction of dwellings on non-conforming lots, yet to preclude reconstruction of dwellingson Ithe some lots. ___ 5 Article 11. NON-CONFORMITIES 11.10 Non-Conforming Structures Other Than Signs b) A non-conforming commercial or industrial structure destroyed to the extent of 60% or more of its floor area may only be reconstructed in accordance with the regulations of the district in which located including those regulating °minimum lot area per use °minimum lot width °required front setback °required side and rear setback °maximum building height; provided, however, a non-conforming commercial or industrial structure located on a non-conforming lot shall not be required to comply with either or both dimensional requirements regulating °minimum lot area per use °minimum lot width, but shall comply with the dimensional requirements regulating °required front setback °required side and rear setback °maximum building height c) A non-conforming residential structure destroyed to the extent of 75X or more of its floor area may only be reconstructed in accordance with the regulations of the district in which located including those regulating °minimum lot area per dwelling unit °minimum lot width °required front setback • °required side and rear setback. °maximum building height; provided, however, a non-conforming residential structure located on a non-conforming lot shall not be required to comply with either or both dimension requirements regulating °minimum lot area per dwelling unit °minimum lot width, but shall comply with the dimensional requirements regulating °required front setback °required side and rear setback °maximum building height Should the size or configuration of the lot preclude compliance with one or more of the setback requirements, compliance with setback requirements which cannot be met due to Tot size or''configuration shall not be required. Article 8. SPECIAL USE 8.4 Procedure for Submission and Consideration of Applications for'Appreval'ef"Special Uses 8.4.4 Public Nearing Required; Notice Specified Such notice shall be published in a newspaper of general circulation in Orange County once a week for two consecutive weeks, with the first notice to be published not less than ten (10) days nor more than twenty-five (25) days prior Co the date of the hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. f4: • 7 Article 2O ] 20.6 Public Hearing and Notice Thereof 20.6.1 A public hearing shall be held by the Board of County Commissioners before adoption of any preposed.amendment to this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty-five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included, Article 22, DEFINITIONS Sign, On Premise Any sign visible from a public right-of-way identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained. 4 ORANGE COUNTY PLANNING DEPARTMENT FULLSBOROUGH NORM CAROLINA. 27278 01, 440, $65;5* cri I TO: ORANGE COUNTY PLANNING BOARD FROM: Marvin E. Collins, Planning Director • DATE: November 21, 1983 • RE: Z-4-83 Bruce Smith REZONING REQUEST) GENERAL INFORMATION Applicant: Bruce Smith Oakdale Drive Hillsborough, P. C. 27278 Location: .tLth side of SR 1133 • ive and east of Kelly Drive Private Road} 7tioe .9444" Requested Action:Action: , Rezone from R-1 Residential to R-h Residential Purpose: To enable residential_daYelopment on 10,000 sq. ft. lots in order to provide less expensive single-family Lot Size: 5.142 acres or 236,095 sq. ft. Existing Land Use: Primarily vacant but contains one (1) single-family dwelling. Surrounding Land North - Town of Rillsboroudh's jurisdiction Use & Zoning: Single family homes and 2 vacant lots and R-10 district South - Vacant lots and R-1 district East - Single family homes and R-1 district West - Vacant lots and R-1 district Land Use Plan: The Land Use Plan desiznates this as a 10-Year 4. “s't'on Area. The requested R-4 Residential district designation is one of seven (7) districts identified in the Land Use Plan as being compatible with the 10-Year'Transition Area designation, provid'd certain criteria are met. 774- C •••'s -'4cr If 760_ 7e ./Pro,rur, 7774"6,- 0:72' dee;_re„,,, a-4,-,c,e-s- "4"7-1" 744— .:; • -4:(k."4/0-1://;••••4:, e '•.. .47=7/ e..1110e. 101'6 c."1-7'4 }: • ! ORANGE COUNTY ��" � BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM N0 ` ^____- MEETING [ATEmc�o�mzo %8 1983 28, � | SUBJE:T: PROPOSED ZONING ORDINANCE mu Asoo:FE= | -- • -- N DEPARTMENT: — ( PUBLIC HEARING x YES NO . ' � ATTACHMENT(S): PROPOSED TEXT AMENDMENTS INFORMATION CONTACT: nmo 3mcr8 • PHONE NUMBERS: HILLSBOROUGH - 732~8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-0251 MEBANE - 227-2031 DURHAM - 688-7331 �—______-- PURPOSE: To receive public comment on proposed Changes to the2noing Ordinance, • . , | NEED: [ of the ordinance and clarify the intEntof, the provisions. 'The proposed dim:Laments address Article 9 Signs, Article 11 Nunconformities, Article 8 Specia'V Use Permit and Article 20 Amendments. The propc:sed changes to Article 9 Signs are suggested to remove inconsistenci-s orpravide clarification as to the intent of the sign ordinance, Tnese changes would also remove frau non-conforming status a number of ccarcercial signs identified as non-conforndng under the current ordinance through the inventory, of commercial signs conducted and completed in May, 1983. The prcpolsed changes to Article 11 Nonconformities are suggested to address concerns raised at the May 23, 1983 Board of Commissioners meeting regarding nan-conforming lots and structures, The propoised changes to Articles 8 mad 20 umuld bring the public hearing notice requirements specified in the Zoning Ordinance into compliance with y.o Section ap�u3euzo the 1981 Session laws of the °ener*l °sseMbl ' IMPACT: The should clarify the intent the of the 0r"' =ma and pravibb' ' additional guidance to the Zoning Officer in administration of ' OrdinanceL RECOMMENDATION(S): 5 9,11 Permitted Signs SEE TABLE 9,11 PEIHITIED SIGNS, SIZE, NUMBER, HEIGHT, AND LOCATION OF 9.12 Miscellaneous Requirements 9.12(e) Signs identifying any non-residential use permitted by right or by special use permit in a residential zone shall not excee 16 square feet in area and shall be limited to one single or double-faced on premise sign per street or road frontage. No sign shall exceed six (6) feet in height. Height of the sign • shall be measured from the average finished ground level to th- highest point of the sign. Measurement shall not be taken fro,, the highest point of a mound or berm at the sign site. 9.12(f) No more than 3 signs totaling 9 square feet in area are permitt-d on each residentially zoned lot in connection with elections a.. political campaigns. Such signs shall be removed within 7 days • after the election or the conclusion of the campaigns. In case- of second or subsequent primaries, signs must be removed 7 days • after the concluding election. 9.13 ' Sign Survey Required. and Compliance Deadlines Set Upon determination from the sign inventory that a sign is non- conforming, the following penalties are applicable! Within one year of the mailing of such notice of non-conformity, each sign which interferes with pedestrian or vehicular safety (Sec. 92) shall either be altered to bring such signs into com- pliance or be removed. Within five years of the mailing of such notice, all other signs not in compliance with other pro- visions of Article 9 shall either be altered to bring such sign into compliance or be removed. Any person violating this ordinance subsequent to the compliance period shall be guilty of a misdemeanor and shall be punished as provided in 9_I1 PBtiFIITTl:t3 9IGSISr 'SIZ€ia t€[fM€iF'--ISy€FI:It.iITr AND IIJC:AT[iR€ Rlr RP_92AIIti1'IAIa DISTRICTS ARAI ALI other IY'-1- tk:-2 CC-3" GC-4 W S 01 R1 1-1 I-2 I+3 AS ER - MAX.t€0. OF SIGtIS+ 1 1 2 3 5 5 5 2 3 3 5 3 3 TO'I'Ak SQ. FT. eon+ .•} 4 05 100 .200 •-200 21111 '0s 100 100 s": -100 '-200 100 05 .. AM SWIM - - Zy1 MAX$9. FT. SIZE+ .. e `• . . .. - _ € rOR ANY SIGN 2 7 05 100 700. - :200 200 AS'- 100 100 `100 200 100 as MAX. 11SIG1IT OP+ N/h _ N/A 30 '35 .. 40 ...40 40 '30_. 35 jS -_ ' 35 40 35 30 SIGN IN FEET __ -. _..�....._____ - -racTSNSIO}t_ApOUE•_ N/a—�..._._tllA....,.__-_.--NIA-J-_N/n__...�" ,10--:---10_.�._1p r�-.NIA- 1U _ 1€i � �i/A '-10-----,N/n---N/4 ----------- -• - --- BLOG. PARAPET - :: - .• •. in FORT PROJECTION FROM E€JA IVA HI(€;' N/A -' YE0 YBS _ YE 9 NIA YES YE9- -!€/h- `-Y•ES _. t/A-, .: /A .. - E02IDIHO HALL• a IL213t#IHA'k"A0 - 7C X .. YES :YES US'_--:YE9 YES ..Y6B Y£11 ter Y$S : •YES YES YES YFB s SIGNS ALLOWED+ POLE-HOUHT'ED SIGHS LnCATIMS nP RTM4 x x Y x x !1 X ..x X ,, •:.,fit _. ;� X�:.= .X X %. - •. In SETBACK PP;lt€T D}€3Y'AI€CE I 1 - i -- 15 t0 10 10 • 'iS' 14 r: 25� t'' 2$ -?'.., s I5 '+.45 .. PROM It/N PT. GIVE/REAR FROF} .• •.. . P€KIPERTY LINE 1 I it) -10 10 I0 10 'IS.. S10 -.24- 15 .15. '.}J 15 •- - . SE1'OACK TO ADJACENT IVA NIA 20 30 '" 30 -30 35 3D 30, �-30' '-,x-30 "j 30 30 - 30 ..• I389. IONS. - - OIlTOOOn ADVERTISING Yee X X K X YES YES -X X ,Y ,, % a. YES, `. % -' - 1{:` SIGNS OUI000R ADVERTISING 1 }}IA NIA NIA NIA I 1 - N/A N/A; 1 N/A 1 IVA N/A SIGNS UIRDSR "•' - '' -.. SITOACY.FROM nIG€IT 660 N/A N/A NIA N/A 660 6f0 IVA- N/A 660 NIA 660 N/A N/ri or NAY AREA IN SQ. FT. 400 N/A N/A 6110 N/A NIA• N/A 500 1I/A' too-•. t€/A,' . 6411 IVA N/A ADJACMIT To II}780STAT8 .. AURA IN SQ.PT, 200 NIA N/A 700 NIA NIA NIA 100 -NIA ;00 _'IIjA 200, N/A NIA - ADJAC€.NT TO NS 70. ' RC 06,}IC*57+ - 25 IVA 25 IVA s5 IVA N/n €IEImIr IN LT.- 35 NIA lfi-. 75 IVA t h 1€A X - thrt Allaued N/A - tktk Applicable -C-ategorie-s--Z--- oning District Matrix R-2 ZONING DISTRICTS I WS -4 -13 LC-I CC-3 RURAL RESJqENTIAL Awk -3 AS PH) AGRICULTURAL RESIDENTIAL COUNTY RESIDENTIAL TRANSITION Aft CARI ?E CARRI30RO TRANSITION 0 (9 w t'j CHAPEL HILL TRANSITION 4 RURAL BUFFER CL PUBLIC INTEREST AREA RURAL NEIGH130RHOOD ACTIVITY NODE in — <z RURAL COMMUNITY ACTIVITY NODE COUNTY COMMERCIAL ACTIVITY NODE ah w Aft RURAL INDUSTRIAL ACTIVITY NODE up —�— [E!��TY JNDUSTR�L ACTIVITY NODE • , I ^ . -n- - ^' ' '' •"*".t.e.qm.-_•:*!■••91"?.•-".7-' ' '• •-' --:• 7"-- — +ob.?—.--, 1.•,.s.,-...,-....;"+---..inrry...t.eb.1.=,:zta■.t.101,..pr,,r, . , . . : • ..-. , • i : .. •• .. • . • - :,..,... •7.7. .,"--.. :...-•:, :'..r• - .. -, • 1 . ' • . . . •; •-. • ., . • • - . • „. ..• .• . . ' . .. ., • , . ... . 7. „ - ••••*%.... • .7-'—.-••!': -.... -7 r• ' I I) ' .•' '1 •— • . - '- - . 40_ - 7- ;=. •r .:--..,.. 7.7.-.: 47\ . i It , .. . . !, : —I ill■ .:WV t"_:.::: 7.,, • t.:: , -' ' ,- .=! M '.'.;-' i,.-..:.,.....:':-.* : . ..'• -•",:: ,. ..--'.: .. ... , „ :e, .r•-',..„31E.'•':',:..!,..i,,f.4=:";74.;:.`,.--t.,•-... .% Is • . 1 .. -7 *•:•:' ' P ANTHONY RIDDER , .: '.:- : :- ,•'11.'.''.•4••1t,',.',.-2.,••••.. ;V'li,.n. ,: ' Frt.-km.11r and Parris-he, ; " .i- 4...,' -.. ' ---•■•.... '. c...,.'; 7 --;.• - ' .., . , . ROBERT Z) INGLE : s . ' ' % 'ROB ELLER '• ''' - `'.•,:''',' . , .. 5.:. t..t,......,-. 'SCTIPOt Vitt Prtudtrrt Izrunt Estrutii.t Ed I 1.,.,;_ ROBERT COCI-LNAR : JERRY CEPP : -OS JENNIE BUClur4c; . . Deput,Eiftutive.Edur.r 1 DEAN BARTEE i . Seni....r S.u.r.Prtr.icirnt . 1 -' Editorials ; . 1.4,..%.%ing Editor . ' .GENE FALX ' ' ,15.4ari..6,51cEdlorr..94Lem,..05 7- — '' . . . . , . .. .. ' . . .. ... ,„ , ..... . . 1.kr Prt*idwfir tka-rarion• ' -' - ''',..- w : Wed..November lb. 1983 - - : :•• ! ,- . 12B 2 K--• I . . t'F- ' . I ' . ' ' . ' : —. :...- ,' . .....•. .. • !.7:', ... ...'. 7-. ' n :: .r. 7• A' ! . .. • a,•. • . . e ■16 ... ' ' . Clean and prosp .. ,......„.., „L.. ,,,,,. rou .7:,:,_-, .:_: - :,... ., ...„,.,,--4...; • ". .....' lot of people were surprised about five "liadustry •is increasingly trinertied'about, }. , years ago when leaders of the most having a high quality of life in trfaceS Where it dynamic industries in the Santa Clara locates in order to attract high-quality priifeS- : i-: Valley began arguing that protecting and pre- sional people to work for them,"said Cbristo-, ....„,." . k serving the environment was good for busi- pher Duerksen, author of the study. • - ness. . The foundathin also "failed to turn..up.an/ An earlier generation of local businessmen, credible evidence That environmental regula• many of them homebuilders, and the politi- tlons have precipitated or are'about to precipl- clans allied with them bad acted as if they torte d exodus of American Indus-, believed just the opposite — that strong envi- try abroad. Neither have they caused inigi-a- i- r-onrnental regulations were damaging to job tion of industry from one state to another in growth and economic prosperity. search of pollution havens." . :.' • But the new generation of industrialists, It's an important lesson.. We've listened tO ,• ... acting through]the Santa Clara County Mann- more than our share of Cassandra§InbusirteiS facturing Group, recognized that they could and politics who have sounded dire warnings • 5. not continue t, draw employees to an area that strict environmental eontrols,in San Jose • i where the air,water and and were detetiorat- and Santa Clara County endanger the regirm's ing. . economic prdsperity.And Gov_George Deuk- . r 1.' Now,a fouriyear study by the Conservation mejian has suggested that in order to unleash Foundation has shown the empirical basis for r_alifornia's economy, various'environmental i•-• that enlightened viewpoint.. According to the reviews should be speeded up. •..„7, .: .: f- study, strong lenvironmental laws have not Certainly there's room.for improvement inhibited industrial growth. In fact, some and perhaps some srri4nirig,Even the Coo- states with tb4 most stringent envirmmental servation Foundation agrees with that_But it's regulations —I including California — have clear that Weakening our strict-Standards'that been among the most successful at attracting protect the air,water and 'other aspects of the t- new industryd • environment would do little to improve the The study found that states that have inten-- [ Duality of life in the region or.the state. tionally relaxed environmental standards as ' part, of a "strategy of smoke stack chasing" In short, the study shows we don't have to have not been successful-in attracting mdus- sell out the environment to.hey..inthistrial prosperity. i - •• ., • . try . . _ ...,:..............:,i .... .;,..... . . ....,,,,:,..,...,,. .. .,,..,, ......,• „,- ...;......,4;.„....,-;:si,,,.....,-,- ;...:';7...::-.. JP c ORANGE COUNTY 58 BOARD OF COMMISSIONERS ACTION AGENDA • '\\/(:0161 ACTION AGENDA ITEM ABSTRACT ITEM o. C.-7 MEETING DATE NOVEMBER 28, 1983 SUBJECT: PROPOSED AMENTMENTS TO THE SEDIMENTATION & EROSPAN courRoL ORDINANCE DEPARTMENT: PLANNING I- PUBLIC HEARING: X YES NO ATTACHMENT(S):pgDposED Tug Amcommrs INFORMATION CONTACT: WARREN FAIRCILOTH PHONE. NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: To receive public comment on the proposed changes to the Sedimentation and Erosion Control Ordinance of Orange County. NEED: Certain administrative provisions of the ordinance are difficult to administer due to coolusions or gaps in the ordinance as written. IMPACT: The proposed changes are submitted for clarification and revision of the ordinance to improve administration of the ordinance's intent. RECOMMENDATION(S): - - - - • 39 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE SEDIMENTATION AND EROSION CONTROL ORDINANCE OF ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 113A SeCtion 60 and Title 15, Chapter 4 of the North Carolina Administrativ- Code, notice is hereby given that a public hearing will be :Jeld in the Superior Courtroom of the Orange County Courthouse, 106 East Margaret Lane, Hillsborough, N.C. on Monday, November 28, 1983, at 7:30 P.M. for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of proposed amendments to the Orange County Sedimentation and Erosion Control Ordinance. The amendments under consideration are as follows: Section 6 General Requirements 1 a. Section 6c of existing ordinance. b. Erosion Control Plan Requirement. Prior to the commencement I of any land disturbing activity that will result in the uncovering of more than 20,000 square feet of land, the person ! responsible for the land disturbing activity, the land owner,or his/her agent must prepare and submit an Erosion Control Plan for the proposed site. The Erosion Control Officer may, at hist her discretion, grant a Plan Waiver if the amount of disturbance is between 20,000 and 40,000 square feet, the site conditions warrent it and the disturbance is not directly adjacent to a sensitive area. Section 17 Permits a. No Person shall undertake any land-disturbing activity which would result in the uncovering of 20,000 square feet or more of land without first obtaining the required approvals and permits from the Erosion Control Officer. Land disturbing activities listed under Section 5d must obtain the appropriate Erosion Control Plan Approval from the State;however, these land-disturbing activities require a Grading Permit from the County when the amount of disturbance is greater. thant 20,000 square feet, Permit Application forms must be signed by the .landowner or his/her authorized agen , "The-agent-signing must have a signed letter of authorization from the owner. b. Erosion Control Plan Approvals and Plan Waivers An Erosion Control Plan must be submitted to the Erosion 11 Control Officer when the proposed land disturbance is greater than 20,000 square feet. However, at the discretion of the Erosion Control Officer a Plan Waiver may be granted when the disturbance is between 20,000 and 40,000 square feet, site conditions warrant it, and the disturbance is not directly adjacent to a sensitive area. The application for a Plan Waiver must contain sufficient information about the proposed site for the Erosion Control Officer to deter- mine if granting a Waiver is justified. C. Before starting a land-disturbing activity greater than 20,000 square feet, the owner or his/her.agent shall obtain a Grading i Permit from the Erosion control Officer. Erosion Control, 1 Plans or Plan Waivers must be approved before a Grading Permit will be issued. 1 Grading Permits may be obtained when the Plan or Waiver is approved or prior to the start of the land disturbance. id. Expiration of Permits Erosion Control Plan Approvals and Plan Waivers expire if the land disturbing activity is not begun within 6 months of the approval date. All Erosion Control Plans approved prior to the adoption of this amendment will expire 6 months after the adoption if the land disturbing activity has not begun by that date. Grading Permits expire if the land disturbing activity does not begin within 6' months of the date of issuance. The land disturbing activity is considered to have started when the necessary erosion control practices have been properly installed and the site clearing or grading has begun. 17e. The County may establish such fees as considered necessary to defray costs of administering this ordinance. 17f. Whenever a person engaged in a land-disturbing activity is not complying with the provisions of this ordinance, the Grading Permit, the Approved Erosion Control Plan or any amendments to the Plan, the Erosion Control Officer may revoke the Grading Permit for the site. Notice of Revocation shall be sent by registered or certified mail to the person responsible for the land-disturbing activity., In the event delivery cannot be accomplished be registered or certified mail, it may be accomplished in any manner provided in Rule 4 (j) of the North Carolina Rules of Civil Procedure. Upon receipt of the Revocation Notice, the person responsible must immediately order all land disturbing activities to cease except those activities which are specifically directed towards bringing the site into compliance. Once the site has been inspected and remedial work approved by the Erosion Control Division, the responsible party may re-apply for a Grading Permit and pay the appropriate fee. Resumption of land disturbing activities other than those necessary to bring the site back into compliance before the reissuance of the Grading Permit will consititute a violation of the Ordinance. The person responsible for the land-disturbing activity may appeal the revocation of a grading permit following procedures set out in Section 21f of this Ordinance, Section 18 Erosion and Sedimentation Control Plans. a, An Erosion Contnm1PIan shall be prepared for all land- disturbing activities subject to this ordinance whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, if more than 20,000 square feet is to be uncovered. The Plan shall be filed with the Erosion Contrl Officer and the Orange Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity. If the land disturbing activity involves 20,000-40,000 square feet and meets the requirements under Section 17b, the Applicant may apply for a Plan Wavier, which does not require a formal Erosion ContrOl%Plan. b. Section 18b of existing ordinance. c. Section 18c of existing ordinance. d. Section 18d of existing ordinance, fm. Section 18e of existing ordinance,