HomeMy WebLinkAboutAgenda - 05-29-2001-6aORANGE COUNTY ~ ~ *~
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 29, 2001
Action Agenda
Item No. ra a&b
SUBJECT: Bed & Breakfast Zoning Ordinance Amendments
DEPARTMENT: Planning 8~ Inspections PUBLIC HEARING: (Y/N) YES
ATTACHMENT(S):
Proposed Ordinance
1996 Amendment
1985 Amendment
INFORMATION CONTACT:
Craig Benedict, Director, Ext.2592
Tina Moon, Planner II, Ext. 2583
TELEPHONE NUMBERS;
Hillsborough 732-8181
Chapel Hill 9fi8-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive public comment on the proposed Bed & Breakfast Amendments in the
Zoning Ordinance
BACKGROUND: ,
Request -
• To establish a Rural Guest Establishments use in the Permitted Use Table and create all
associated criteria (approval procedures, performance standards, parking, etc).
• The zoning ordinance does not have a land use category for bed and breakfast
establishments. Traditionally, the county has only considered bed and breakfast
operations as part of the Historic Sites Non-Residential Reuse/Mixed Use category (S54).
• Restricting bed and breakfast operations to historic sites excludes all other properties that
may be otherwise suitable for this type of land use.
• The existing Historic Sites Non-Residential Reuse/Mixed Use category will remain in the
zoning ordinance.
Article 8.8.24 Historic Sites Non-Residential Reuse/Mixed Use, of the Orange County Zoning
Ordinance, has been amended twice.
• On September 3, 1996 the County Commissioners voted unanimously to replace the
word "structures" with the word "sites".
• On April 1, 1985 the County Commissioners voted unanimously to revise Section
8.8.24.2 of the Standards of Evaluation as indicated by underlining (See attached) and to
delete the word "Exterior" in item (c).
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LOCatIOn -
Amendments will apply to the Orange County planning jurisdiction, outside of the municipalities
and their extraterritorial jurisdictions.
Development Process~Schedule._and Action,
• Public Hearing on May 29, 2001
• Refer the proposed amendment to the Planning Board for recommendations, to be
submitted to the Board of County Commissioners no sooner than August 21, 2001.
RECOMMENDATION(S): Plannin Staff Recommendation:
Approval of the proposed amendment as given in the attached
documents.
2
Administration Recommendation: Refer the proposed amendment
to the Planning Board for a recommendation to be returned to the
Board of County Commissioners na sooner than August 21, 2001.
o~,a~ r
Public Hearing Ordinance
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An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Section 1: Amend Article 22 Definitions by creating four (4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in~which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four (4) to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and afull-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four (4) to no more than twenty-four (24). The restaurant
shall contain no more than sixty (60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed ~ Breakfast (Zoning Permit)
Bed ~ Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
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Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed & Breakfast
H14B Bed 8~ Breakfast Inn
H14C Country Inn
Section 4: Amend Article $ S ecial Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.2$.1 Intent
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a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities far tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used far Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights-of-way.
The Rural Guest House use consists of the following three subcategories based
on intensity of use and permitting requirements.
H14A Bed $< Breakfast (Zoning Permit)
H14B Bed &. Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2. Additionallnformation
(Additional Information requirements are listed per subcategory.)
Bed $~ Breakfast (H14A)
In addition to the information required in Subsections 8.2 and 8.8, the following
shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
3) Boundaries of the site.
4) Location of well and septic system.
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b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
c) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoratioNrehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment far the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking .does not have to be
paved or graveled but must be on a suitable (even) surface.
i) Any bed ~ breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed ~ breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a partial waiver of the right-of-way land use buffer
shall submit evidence that the property is listed on the National Historic
Register recognized by the State of North Carolina or the County of
Orange as a place of historic interest. Applications incorporating historic
sites shall provide a description of how the historical style and character
of the building and/or property is to be enhanced through the project.
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Bed 8 Breakfast Inn (H14B)
Country Inn (H14C)
In addition to the information required for Bed ~ Breakfasts established above
(items a) 1-3, and b) through k)) the following shall be supplied as part of the
application for Bed ~ Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following;
4) Boundaries of the site and distance to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed ~ Breakfast (H14A)
The. following specific standards shall be used in deciding on an application for.
this use:
a) The site plan submitted meets all requirements specified in sub-sections
$.8 a) and 8.8.24.1 a).
b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
c) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
d) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
e) The site is served by direct access to aState-maintained road, or has
legal access to a public road by way of a recorded easement.
f) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
g) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
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h) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
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This use is to be a Zoning, Permit in the following districts*:
AR -Agricultural Residential
R1 -Rural Residential
RB -Rural Buffer
`Bed ~ Breakfast (H14A) establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed ~ Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
i) The site is served by direct access to aState-maintained road.
This use is to be a Class B Special Use Permit in the fallowing districts*:
AR -Agricultural Residential
R1 -Rural Residential
*Bed & Breakfast Inns (H14B) containing between four (4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
~allawed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid far six (6) years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit.. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit. _
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
became null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
Country Inn (H14C)
The additional information a) through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
R1 -Rural Residential
'"Country Inns (H14C) containing between four (4) and twenty-four (24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
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This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.$.28.4 Other Reauirements
(Other Requirements are listed per subcategory.)
Bed ~ Breakfast (H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required,, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) ofi Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night-time glare.
c) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a partial waiver of the road-front land use buffer to
maintain the historic character of the site and the traditional view of the
house from the roadside.
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Bed ~ Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed ~ Breakfast Inns:
e) The minimum lot size for a Bed 8~ Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed ~ Breakfast Inn
maybe permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night-time glare.
c) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
partial waiver of the road-front land use buffer to maintain the historic
character of the site and the traditional view of the house from the
roadside.
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted an lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development ar village flexible development.
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Section 5: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
p. Country Inns - as required in Section 8.8.28 with atwenty-foot Type A
perimeter buffer.
Section 6: This ordinance shall be effective upon its adoption.
(Signature)
Clerk, Board of County Commissioners
(Signature)
Chair, Orange County Commissioners
10
Date and Seal
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ORANGE COUNTY
BOARD OF COMIVIISSIONERS
ACTION AGENDA ITEIVI ABSTRACT
. Meeting Date:
Action Agen~
Item #„~
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 8.8.24 Historic Structures -Non Residential Reuse/Mixed Use (Class A Special Use)
~~,rAxrMr;NT: Planning - PUBLIC HEARING: Yes X„1~
BUDGET AMENDMENT REQUIRED: ,~ Yes ...~._r
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
Proposed Amendment Extension 2582
6-26-96 Public Hearing Minutes
8-7-96 Planning Boazd Minutes
TELEPHONE NUMBERS:
Hillsborough 732-$181
Durham . 688-7331
Mebane 227-2031
Chapel Hill 967-9251
PURPOSE: To consider a proposed amendment to include historic property as well as
structures in the consideration of Special Use Permits for the non-residential use
of historic structures.
BACKGROUND: ,The non-residential use of historic structures is permitted in the AR, Rl and RS
zones provided a Class A Special Use Penult is obtained from the Orange Count
Boazd of Commissioners. Standards that must be complied with are specified in
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property a;
well as the structure maybe considered in the Special Use Permit approval
process.
The proposed amendment was presented for public heazing on June 26, 1996.
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Commission Gordon asked if the amendment would allow use of a modern
structure on, historic property. Use of anon-historic structure could be approved if
all applicable findings could be met from the standpoint of preserving or
enhancing the historic integrity of the site and~or historic structures on the site.
There were no citizen comments.
The Planning Board considered the proposed amendment on August'7, 1996 and
recommended approval. The vote was unaniixxous.
RECOMMENDATION: The Administration recommends approval of the proposed amendment per the
• Planning Board recommendation.
PROPOSED ORDINANCE AMENDMENT
REFERENCE: ZONING ORDINANCE -ARTICLE 8.$,24
Historic Structures -Non Residential Reuse/Mixed Use (Class A
Special Use)
ORIGIN OF AMENDMENTS Staff Planning Board
X BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: June 26, 1996
To include historic property as well as structures in the
consideration of Special Use Permits for the non-residential use of historic structures.
L®A~L~uea• The Orange County Zoning Ordinance requires an applicant to obtain
approval of a Class A Special Use Permit from the Board of Commissioners for the non-
residential use of an historic structure. In some cases, the use ofhistoric structures may
not only involve the historic structure itself, but also the surrounding property associated
v~rith the structure.
The proposed amendment will clarify that Article 8.8.24 applies to the site on which a
historic structure is located, as well as the historic structure itself.
EXISTING AND PROPOSED ORDINANCE TEXT:
8.8.2a • HISTORIC ~•~ -NON RESIDENTIAL REUSE/1~IIXED
USE (CLASS A SPECIAL USE)
8.$.24.1
In addition to the information required in Subsections 8.2 and $.8, the
following shall be supplied as part of the application:
a) The site plan, prepared by a North Carolina registered land
surveyor or.engineer, shall also contain the following:
1) Location, width, and type of all internal vehicular and
pedestrian circulation.
2) Location and dimensions of all on-site signags.
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14
3) Boundaries of the site and distance to nearest residential
stnactures.
b) ~ Description of the proposed use(s) of the site and the buildings
thereon, including the fallowing:
1) Arrlount of area allocated to each use.
2) Number of fiill and part-time employees.
3) Number of clients and/or occupants expected to use the
facility.
4) Proposed hours of operation for non-residential uses of the
site and within buildings thereon.
c) Building plans for all existing or proposed structures to include •
floor plans, elevations, and sections showing
restoratianJrehabilitation proposed. Description of how the
historical style and character of the building ~1d/Or profs to
be enhanced.
d) Landscape plan, at the same scale as the site plan, showing existing
ar proposed trees, shrubs, ground cover and other landscape
materials.
e) Statement from the appropriate public service agencies concerning
the method and adequacy of water supply and wastewater
treatment for the proposed uses.
fl Statement from the appropriate public service agencies concerning
' •. the provision of fire, police and rescue protection to the site and
• structures.
~ Evidence that the property is listed on the National Historic
Register or recognized by the State of North Carolina as places of
historic interest.
h) The proposed development schedule far the site.
8.$.2.2 • .
The following specific standards shall be used in deciding on an
application for this use:
,r
.Y.
a) The site plan submitted meets all requirements specified in sub-
sections 8.$ a) and S.S.24.1 a).
b) , Proposed uses and facilities are complementary and compatible
~~ with surrounding area, and appropriate in the location proposed
given character of surrounding development. The proposed use of
the historic structure shall be of such a nature so as to preserve the
historic character of the site and the building. Development of the
site as proposed would have no adverse impact beyond the
building except for appropriate pazking facilities,
c) Structural alterations of historic structures shall be of such a nature
as to preserve the historic character of the building(s) and site.
d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
e) ~tecreational areas, service areas, parking and screening aze
adequate for the proposed use(s).
fl The site is served by direct access to aState-maintained road.
g) Internal vehiculaz and pedestrian circulation is adequate for the
proposed use(s).
' h) .All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have
been satisfied.
This use is to be a Class A Special Use Pemnit in the following districts:
AR -Agricultural Residential
Rl -Residential-1
RB -Rural Suffer
This Class A Special Use Permit, if approved, shall be valid for six (6)
years.
Ordinaace Review Committee: Apri14,1996
Planning Board:
BOCC:
JUNE 26, 1996 PUBLIC HEARING MINUTES
3 futua, that rrr~~ ~ ~ said that with n~garq ba ttte uae of eat hams Cr fartrt-typo buildings in tl~aa
pern~d unrhr G4. SFie sold that what they are trying b do wilt! this
4 amtertdmaYt is b assure that rrt sarrecrre is gang to bulk! a rxw buiidirtg, an
6 Furp~ss Of ~or+du~nq a hams ~, that it be 1,t]GO square hat and that ~~resd~~a~!
F~ to try to blend in with tt gat arse. Thorne era provisions for existirrp pu;ldir-~ that may be
~ ca,vatad t4 torrrae oaaapaticns in the future regandtesa of the apprs of the building.
9 A motion was made by Commiasionar Gordan. seconded by Commissioner. Cdr to
t 0 r~d'er this amt to dte Orange County P(anniraQ Board br a recommendation to tae returned bo
11 ttlc Board of County Commissioners no sooner than August 5.1996.
12 VpTE; UNANIMOUS
13
14 B. PaO~ Ewa ~ NI(~G ORD[NAMC TAT AM - DNENT ; ARTIC~E~ 5.8~ HIS_ T~ RfC
15 STRUCT[J
77 This Planner Mary VYdI~s made this pres~ntabon. An padcground information is in the agenda.
proposed emendmwri tia thv Zoning Ordinarrca would by to Artkie 8.8.24 to include historic
18 property as well asses in the consideratioQ of 5pedal Use Permits for the ran-residential u~ of
19 historic stnx~,ires.
2Q Commissioner Gordon asked that this amendment be reviewed (n the cartbext of a
21 modern house with historic outbuiidiraQs.
Z2 THERE WERE NO PUBLIC COMMETITS
23
24 A motion was rna<Ae try Commissioner Gordon. sacanded by Commissioner Crowther
2S m rs~fer this item to the Orange Courtly Planning Board for s recommendation to be rvtumed to the
28 Board ~ County Ccmmissra9ers no snorter !hart August 8.1956.
27 VOTE: UfVAfyIM0U5
zs
~.~• CP,O,5~ SLlS9oNfSiON FtEGUI.~'f';~~5 T~T~, iE~l IM ; A~Id
'-~ ~$P~~!„~T T~ S B[31V'ISl AP _ _ Y~1L.
31 Plarn~er Mary Willis mxe this preserabtiort. This aecltrrical amendment would dslele the
32 requir+err~t in th4 Subdiyisicrt Ordirtatx~ that a Planning Staff merral~r be present each time a final
33 plat is R~ccrded in the Register of Deeds OfficB. The purpose Of this pr'ovisicn is do insure that all
34 required auaiiiary dawrrertts. such as Road Mairrtanaraa: Agreements and Dedarrtlon of Rastrtctians
3v ere recorded with the plat. .
38
37 Regi~r of Deeds, Betty June Hayes irsdkated she does riot endorse this amendment
38 ~d that she vNil stxnmit her carrtmvrrts in writing which will ~ included in ttte agenda wttert it is
39 returned >ra tta. County for ccnsidaration a approval.
40 .
41 THi~E WERF No cmz~l cof~rlTs
~z
d3 A rt~tlen wsa rrtrtde by Commissiicner Garcon. sec~~dad by Commisaicaner Crowther to
44 refer this it~ern m the Plarstinp 8oar~d br a recomrt+andatlon to be returned to the Board of Courriy
4S Cams no svCrtarlhart August 5, !990.
~e voTE: url~-tyl~us
47 _ _ _
'~ ~ ~ R~~ ~ ~~ ~ W ~ FiMA~C~
49 .ktteA LarJc arittrrnrtZSd the infomfaition in the agenda. Purdtasit~ Dirsctcr Pam Jones
5Q rnac:e referaraq to the ~ irtfarntiat3an. S'~s summeti~*d the steps taken tD R ttte
51 ~. Ste genre an a~wrr~risw ct !tae ertvwnmartal assessment, the physkat inspection of itre
~ l'~f~~ tl",s prograrna That wig be Offered Arad the upfit that w~l Ce na~- with fela~d costs.
53 COmm~ Gordon expressed a cortwm that the Enytronmentat Asseeamerat bs
':~ dale by ~s and tl'sat there bo enough money for the upfit.
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8/7/96 Planning Baard~Minutes
Price noted that in rural areas, there may be uses that would be associated with
agricultural uses and not necessarily be home occupations as they would be in an
urban residential azea.
Strayhorn commented again that a use such as welding would require at least atwo-
ton truck to deliver supplies needed For welding. Strayhorn asked about the types of
complaints. Willis responded that most complaints are related to uses which involve
vehicles, such as automobile repair and the visual impact as the business grows. It
has been determined that there are some existing home occupations which would
not qualify as such if proposed amendments are adopted. Additional home
occupation permits for those uses would not be approved.
MOT;CON: Brooks moved approval of the proposed amendments as recommended by the
Planning Staff and the recommendation that load capacity of vehicles shall be
determined by the needs of the home occupation and shall not exceed those needs.
Seconded by Strayhorn.
Willis suggested that additional wording be included such as: provided that the
expected needs are compatible with the neighborhood.
Hoecke stated that going to such detail is micro management. If a use is compatible,
everything connected with the use would be compatible. Either it is compatible or it
isn't.
The amendment was restated by Hoecke: There shall be no use of a vehicle in
connection with the home occupation that would be in excess of what is appropriate
to that occupation providing that it is compatible with the neighborhood.
The motion and second accepted the amendment.
VQTE: Unanimous.
(3) Article 8.$.24 Special Uses (Uses of Historic Structures)
Presentation by Mary Willis.
The non-residential use of historic structures is permitted in the AR, Rl and R13
nines provided a Class A Special Use Permit is obtained from the Orange County
Baazd of Commissioners. Standards that must be complies with are specified in
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure maybe considered in the Special Use Permit approval process.
The proposed amendment was presented for public hearing on June 26, 1996.
Commissioner Gordon asked if the amendment would allow use of a modern
structure on historic property, Ilse of anon-historic s~.icture could be approved if
all applicable findings could be met from the standpoint of preserving or enhancing
the historic integrity of the site.
There were no citizen comment.
x~~ ,~
~'~' 8/7/9fi Planning~8oard Minutes
The Planning Staff recommends approval of the proposed amendment (Copy an
attachment to these minutes on page ,)
MOTION: Price moved approval as recommended by the Planning Staff. Seconded by Brooks,
VOTE: Unanirnaus.
b. Subdivision Regulations "Text Amendments
(1) Section III-C-4 Action Subsequent to Approval
(Minor subdivision)
(2) Section III-D-3(c) Action Subsequent to Approval
(Major Subdivision)
Presentation by Mary Willis.
The Orange County Subdivision Regulations require that subdivision plats be
recorded in the presence of Planning Department Staff. The purpose of this
provision is to insure that all required auxiliary documents, such as Road
Maintenance Agreement and Declarations of Restrictions arc recorded with the plat, .
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a final plat is to
6e recorded. The Orange County Planning Staff and Register of Deeds Office have
developed a system that instead provides the Register of Deeds with a list of items to
be recorded with the final plat. By providing this information the Register of Deeds
Office knows which documents must accompany the plat, and thus the purpose of
the existing regulations are met without Planning Staff being present.
The proposed amendment was presented for public hearing on June 26, 1996. There
were no citizen comments. There was some discussion with the Register of Deeds to
clarify the purpose of the amendment. '
The Planning Staff recommends approval of the proposed amendment (copy an
attachment to these minutes on pages ).
7obsis asked if the concern from the Register of Deeds was addressed. Willis .
responded that she has a letter from the Register of Deeds expressing understanding
and agreement with the proposed amendment.
MOTION: Brooks moved approval as recommended by the Planning Staff Seconded by
Haecke. '
VOTE: Unanimous.
AGENDA ITEM t~>40: PLANNING B~DARD ITEMS
a. Report oa TIP Process
Presentation by Planning Intern, Stephan Rodiger.
1E
Every year the NC Board of Transportation (BOT) adapts amulti-year STIP specifying
Headed transportation improvements across the state. If a project is outside the DCHC
Urban Area, then the Caunry can request directly of the BOT that the project be included
APPROVED 11/4/96
ORANGE COUNTY BOARD OF COMMISSIONERS
MINUTES
REGULAR MEETING
SEPTEMBER 3, 1996
The Orange County Board of Commissioners met in regular session on Tuesday, September 3,
1996 at 7:3Q p.m. at the Caldwell Community Center on Highway 157 in Rougemont, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L
Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Ri
Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identifie
appropriately below) .
NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES IS
IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. CASSETTE TAPES ARE
KEPT FOR FIVE YEARS.
I_ ADDITIONS OR CHANGES TD THE AGENDA
Commissioner Crowther added to the Items for Decision as item E -Staff Assistance for Citizen
Initiated Ordinance Amendments. Report B was postponed and will be considered at the 9/17 meeting.
II. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who wish to speak to an item on the printed agenda will be
recognized at the appropriate time on the agenda. He asked about the number of citizens in the audienc
who live in Little River Township and found there was one person.
8. MATTERS NOT ON THE PRINTED AG NDA
Ralph Cane spoke about the bridge in the curve on 157 going toward Durham. The
bridge has been constructed, however, they have not finished the short road leading to the bridge. John
Link will investigate and report back to the Board.
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
III. BOARD COMMENTS -NONE
N. .COUNTY MANAGER'S REPORT
John Link announced that the statewide bond issue for road improvements would give Orange
County approximately $1.6 million which would pave an additional 12 roads on the secondary road
improvement plan. .
Commissioner Halkiotis asked that a committee be set up to promote the statewide school bond
issue. Jahn Link will report back on this request.
V. RESOLUTIONS/PROCLAMATIONS
A PROCLAMATION IN SUPPORT OF THE THIRD LA FIESTA DEL PUEBLO IN CHAPEL
. +
~. ~ ~ 20
Departrnen#, the Cooperative Extension Serv' S - -
ServicE:s, JOCCA, and severalcommunity-based oe UNGCH School of Public Health, Pied
garnzations, mont Health
UNC-CN SCHOOL OF MED~ICIN,E FOR ITS DEPART
MEDICINE; OBST RjCg AND GYNECOLOGY AND p MENTS OF Fq~y
Health De EDIATRICS
The Board approved and au#horized the Chair to sign• the rene
partment and the UNe-CN School of Medicine for its De a
~ Gynecalo wal~agreement between the'
9Y~ and Pediatrics. p rtmen#s of Family Medicine, Obstetrics
E• ZOO ORDINANCE T`E)Cr AMENDMENT -HOME OCC
This item was placed at the end of the Cansen# Agenda for~se TIONS
F PROPOSED SUBDIVISION REGULATION TEXT A pare#e consideration.
111-D-3 ~_ MENDMENT_ SE.~ION III-C~ A~
The Board approved this proposed amendment to dele
member to be present each time a final plat is recorded in the Re ister
#e the requirement for a Planning Staff
Board recommendation. 9 of Deeds Office per the Plannin
g
G tO~NI~ ORDINANCE TEXT AMENDMENT - TELECOMMUNI
This item was placed at the end of the Consent Agenda for se Ca~770N TOSS
H PROPOSED ZO~ NAG ORDINANCE TEKT AMEND P to c°ns~deration.
The Board approved this proposed am ne dment to include historic
structures in the consideration of Special Use P MENT - HIS~IC STRUCTURES
the Planning Board recommendation. ermits for the non-residential use o historic struectures per
~• BUDGET AMENDMENT #3
The Board approved the following budget, ordinance am
Protect ordinances: endments and grant and capital
GENERAL FUND
Source - Intergovemmer~tal
Appropriation -Community Maintenance $ 2,000.00
(To budget far additional State funds for Soil and Water) 2,000.00
Source -Intergovernmental
Appropriation -Human Services $ 1,500.00
(To budget for unanticipated State reimbursement for Environmen#al Heal 1500.00
Source - Intergovemmental th)
Appropriation -Human Services $ 1,600.00
(To budget for tourism grant received by the prangs Coun#y Libra 1 800.00
Source -Miscellaneous (Appropriations) ry)
Appropriation _ Transfers to Other Funds $ (18,442.00)
(Appropriation from Jail Contingency Amount for COPSFAST matchin f 18,442.00
Source -Intergovernmental g unds)
Appropriation .Public Safety ~ 12,000.00
(To budget for drug tax paymen#s from the Sta#e for the Sheriff's De t. 72,00.00
Source - In#ergovemmental p )
Appropriation -Contributions to Outside Agencies $ 38,459.00
(To budge# VOCA pass ~ti 3$,459.00
Source - Miscellaneous A grant for Rape Crisis)
Appropriation -Transfers to OtheraFund
$ (9, 704.00)
(APPropria#ion from Commissioners' Contingency far impact fee 9,704.00
reimbursement for Habitat far Humanity)
Also see attached Affordah~A N,,.,~...._ ~__ _ . _ _
~~~3
ORAtdGE COUNTY
BOARD OF COI4liISSYONERS
ACTxON AGENDA ITEI-1 ABSTRACT
Meeting Date April.~.~,~•~„~5,
Action Agen
SUBJECT: PROPOSED ZONYNG ORDINANCE TEXT AMENDMENT-ARTICLES 8tand~ F
USE PERIdiTS FOR MIKED USE OF HISTORIC STRUCTURES
DEPARTr1ENT: PLANNING
Attachmentts): .
Proposed Text Amendment
~/3U/84 Request Letter
Historic Structures in Orange
County (Sites)
11/26/84 Publa:c Heaxing Minutes
Draft 3/18/85 Planning soard Minutes
PUBLIC HEARxNG Yes X No
information Contact: 5USAN SMI
Telephone Numbers
Hillsborough - '7328181 .
Durham - 688-7331
rlebane - 227w2031
Chapel Hill - 968--4501
PURPOSE: To consider a request to amend the Zoning•Ordinance to
for non--residential and mixed use of historic structures 1
• ~ on the National. Registry of Historic Planes or recognize
the State of North Carolina as places of Historic into
through .the Special Use Permit process for approval.
This Stem was presented to public hear3.ng on~November 26, ;
• : ,.r.
NEED:~ In order to qualify for rehabilitation tax credits
• incentives for historic structures, projects must meet
°substantial.rehabilitation test° and must be income-produ~
Tax credits are determined on the basks of the percenta~
~. the groperty producing income. •~
. ..
Under the current zoning ordinance, limited provisions aze
. to allow for non-residential, income-producing use of pros
located outside of designated actl~vity .nodes. ~ H3s1
structures are generally not located in areas designatE
• ~ activity nodes.
22
~~ ~ .
0~4
Ir'1PACT: Amendment of the ordinance V~auld allow the non-residential
mixed use of recognized historic structures.
RECOMI~iENDATxoN:
. ~ The P1ann~.ng Soard recommends that the Zoning Ordinance
amended to a11ow for the. non-residential and mixed use
historic, structures. .
• The Planning Soard also recommends that 8.8.24.2 Standards
Evaluation be revised as inda.cated by underlining; also,
delete the word "Exterior" in item (c).
r
- e
S' ~ `2~'• 1. i _taric S~~ucturas-.~-on-des
;. a.~.z~•.r
..
I
.• • ,
„~,.
r
.
~,ddzEivna.7.. ~nfarmaticn
. Ire' addi:.iarr to the info ,, t~.on reGLCired, in ~ Subse+tlons g,2 a
8_8, ti7e Fallowing shall be supplied. as part of ttie appll~t
a) The•~ •sitz plan-, prepared by z ,yo~~ Carolina r•agistarwd- la
surv~yor• nr• engineer, shall also contain h.#~e Fallewzrtg:
.. T )• ).ocat:tari, width, and type of• a? 2 internal vehicular an
. - Pe~..rizn ci~ulafiian
. . .. ., _ -
~: ~ . ' . Z) location and dimensions. oF. all. an.-sit~• signage -
• • .. 3 ~ . boundaries' o F the sits `2nd distances to neares ~ =~ .
.. .: •. ..• residential. stzuctu~s.. : ~ _ -. ~ - ~• .. .
• : ~ ~ b 1 ~Des~iptiQn: c f t<he prcpasz~d vse(s )• • o F t~ ~ ~ .
t'~exeart i..e~ ~d the• 6ti
. ,including the• ~allnwing: ~ ~ ;
• 1) Ar::aurnt of area a.Llecatwd to each use ' ' .
. Z)- Number aF Full and part-time ~rgalcyees ~ ..
.. - -
:. • ~ . .3) ~ Nurrrber of c•Lents and/or oc~pants• expected to use the
. Far.,~,Iity •
r - • . ~~ Prc~nsex; haura aF vperaticn for pan-r~sidenti .. .. • .
. • - , . ' . ~ ~ • the, site and• within buildines the ~ . al '~~ of
c~ . 8csild; ng plans •For all existir-g~ • or prvpeszd ~ s - •
• : • ~ .-• ~ flcor plans, elevations,. and sec ~uctutes- to
bons showing rssct;a•.a~an/
•• itatians preposad. Description a-F how the historical 'st
• • ' • and• ct~ractar of ttie building xs ta. • be- enhanced. Y
• S
• ..._. d) Landscape plan, at the szme sCa,I•e as the ~ site alan,- st~ewin,
• • . ~ egg ar pro~cse3 Zre""`".,•s, shrubs, grntmd cover any, other
. landscape -matzrials . •_ ~ ~ -
"~ ~'. ' e) • Statement fr~r the- .. .. ~ ~ ~ • -- • .
apprepriats ~uhlic serv~ics agenc~,as can-
• , ~.. ee~ning retie rrethed and adequacy. ar water supply and wastew<
tr~Qt~snt ear the prapQSad uses... .
~') Statement fren~ the approprxats public service agencies ccn-
. ~ cvncwrning the ;~ra~ision of F3.re, police and rescue protw"
+ - to tha sitz and structurYs.
g) Evidence that the property .s 1.;stall an the National Histvz
• Ragistar ar recagniz4d by the 5tzte of North Carolina as pl
ar" historic•intsrest. .
.. __
,~C ~
. o7s
... "` .
_:
•,
~ ,,
24
a . s . zd . 2 sTAr~nah~ or• ~va~,v~~,xoy .
• The • fol_lavrinc~ specific standards shah, be used i.n
• ~ decida.nc~ on an application for this use;
• a) • Tl~e site .plan su;~mitted meets all requirements
• specified•in sub-sections 8.8 a) and .8.S.2a.1
a) . .
' b) Proposed uses and facilities aze complementary
• and compatible ..,the sur~~d1 a-arear and
• app;opra.ate in the location proposed given
character of ' su.rrounda.ng development. ~,
• 1,7 P
a
revelopmer~t of the site as proposed would have
no ctr P impact beyond the building except
• for z•ppropriate parking facilities.
. c) .,;:exterior structuraa axterat~.ons of historic
• .,structures shah, be of such a~ nature as to
preserve the historic character of the
' building (s) .
d) Firer police and rescue services and water
. ~ supply and wastewater treatment' methods are
' '••. adequate to serve. the proposed uses and
. facilities.
e) F.ecreational'areas, service areasr~,~parking and
• screening are adequate for the proposed use(s).
• f) The site is served ~by direct access to a sate-
, ~ . ~ n~ainta~.ned toad. •
• .. 'g) Internal vehicular and pedestxiari circulation
• '• is adequate for the proposed uses(s,).•
• h) A11 applicable requirements of Articles ~, 5r
~r ~r 9r~10 and 12 have been satisfied.
' This use is to be a ~ CZ~ass A Special. Use Permit in
• the following districts: '
• AR -- Ag~:icultural Residential •
R~. -- ~tesic~enti,al 1 '
• ~'~? ~
be ~~a ~_~
. -
ii
-• --
to provide for motor vehicle sales/rentals as permitted use in. the OC'3
district.
VOTE: Lir~NIMOUS. .
~~ o~ r~rrcE m ~ cLES s IAt,
U5E_PERMI'~'5 FOR MIXFD USE C~' H~~ C STRU S (Amerdment recorded in full in
the official Ordax~ance Hook in the office of the Clerk to the Hoard.)
Motion was made by Commissioner Marshall, sewrl3ed by Commissioner
Carey, to .approve the ant to the Zoning Ordinance to a11ow for the norr
residential and mixed use of historic structures, to revise 8.8.24.2 Standards
of Evaluation as indicated by underlining, and to delete the word "FScteriar" in
item (c).
VDTE: UNANIMOUS.
8 ING I TEXT CLE 2 - OFD ION
Z~IING OE'FICER ,~T~~IE I!Y[HI'.IIATION) (A copy of the approved amprr7nrant is iR the
official Ordinance Hook in the office of the Clerk to the Board.)
motion was made by Commissioner Carey, seconded by Conmissioner
Marshall, to amend Section 2.3.7.2 of the Zoning Ordinance to extend the time
period within which an appeal for an interpretation of a determination by the
Zoning Officer may be filed from fourteen (14) to thirty (30) days for
approval.
VOTE; UNANIMOUS.
Z ~ I TEXT t4ENt~ARTICI,E 3~'I~TCIAL Z A
CAL. (A copy of the approved amendment is in the official Ordinance Book
in the office of the Clerk to the Board.)
Motion .was made by Cmmnissioner Marshall, seconded by Commi.ssiot~r
Wallhoit, to amend the Zoning Ordinance, Article 3, to allow for replacement of
the Zoning Atlas by the Planning Department as needed.
vary: UNAnrzMOUS.
• 20. IVISION REGULA ON5 'L~X'r AN1ErDMIIJr-DEFINITI (A copy of the
approved text amendk-ent is in the official Ordinance book in the office of the
Clerk to the Eoard.)
Motion was made by Commissioner rarshall, seconded by Coannissianer
Carey. to amend the Subdivision Regulations replacing the current definition of
a ~'y~, ision - de~i.nec7 with the definition consistent with the Srate's g~eral
enabling legislation.
VOTE: (JNANZ,MOUS.
1. ZOr:Ir OPIaI TEXT ARTICLE 8 - p (A copy of the
approved text amenc~nent is in the official Ordinance Hook in the office of the
Clerk to the Board.)
Motion was ~dQ by Commissioner Carey. seconded by Commissioner
Marshall, to amend Article 8 _~ ~ Use P?emits to require that the applicant
sutanit twenty-six (26) copies of a Class A t5pecial Use Permit site plan ark ten
(10) copies of a Class B Special Ose permit site plan to inset the submittal
requirements.
VOTE: UNAN~IWS.
10._ C¢NPUTEIt ~E, SALE .
Motion was made by Commissianer Lloyd, seconded by Corwnissioner
Carey- to continue the County's practice of sharing data processing software
with other public bodies at no charge, with the County retaining ownership•
rights of what it has developed, and to authorize a pricing and sales agreement
1,c Ao.,a~,,,,...a s.... .._..~__ - .. - - -