HomeMy WebLinkAboutAgenda - 02-03-2004-8lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 3, 2004
SUBJECT: Schools Class A Special Use Permit Amendments
DEPARTMENT: Planning and Inspections PUBLIC HEARING
Action Agend
Item No.
(Y/N) No
ATTACHMENT(S):
• Proposed Ordinance Amending Permitted Use Table
• Ordinance Proposing Text Amendments to Zoning
Ordinance Referencing Special Use Standards
• Draft November 24, 2003 Public Hearing Minutes
• Draft January 8, 2004 Planning Board Minutes
INFORMATION CONTACT:
Craig N. Benedict, ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-2700
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To receive the Planning Board and Administration recommendations, close the Public
Hearing and consider approval of a proposed amendment to the Orange County Zoning Ordinance
to make Schools: Elementary, Middle, and Secondary - a Class A Special Use in appropriate
zoning districts and to apply special use permit standards that meet the general standards, zoning
district requirements and similar standards as detailed in Section 8.8.29 ("Growth Management
Subdivision Standards") of the Zoning Ordinance.
BACKGROUND: Schools: Elementary, Middle, and Secondary ("schools') are currently a
permitted use in the following zoning districts: RB, AR, R1, R2, R3, R4, R5, R8, R13 and OL
Recent amendments to the EDD Design Manual permitted use table added "schools" as a Class A
Special Use in the Buckhorn EDD. Special use standards specific to "schools" were also prepared
and are pending adoption by the BOCC.
In addition, the recently adopted November 5, 2003 "Growth Management Subdivision Standards"
are under consideration to be used, as appropriate, to evaluate school applications. Many aspects
of subdivision review also can be readily applied to non-residential development. EDD design
standards also parallel these new standards, so these text amendments will promote consistent
standards whether in a subdivision or other non-residential use.
Staff work on the Buckhorn EDD amendment prompted an assessment of "schools" in other zoning
districts. It was determined that "schools" pose certain impacts, most notably traffic, and
addressing them as a special use in all applicable districts would make it possible to more
effectively mitigate impacts and apply consistent standards throughout the County planning
jurisdiction.
Therefore, school review will include specific school-related standards, general special use
standards, and comprehensive standards that address the wide scope of public service provision
and environmental design sensitivity.
This item was presented at the November 24, 2003 Quarterly Public Hearing. Commissioner Alice
Gordon had questions/comments concerning interpretation of development standards; water,
sewer, and solid waste; public road access; minimum lot size for non-charter public schools; and
growth management standards, bicycle planning, and open space connectivity. Planning Board
member Craufurd Goodwin asked about historical resources and noise. Craig Benedict responded
to these questions and comments (see discussion under item 3.a on the attached pages from the
draft minutes). There were no questions or comments from the public.
The Planning Board considered this item on January 8, 2004. Concerns were expressed about
signs and lighting. Staff pointed out where these items were addressed in the ordinance. A motion
was made and seconded to approve the ordinance with the following changes under Standards of
Evaluation:
(striketh- rough = delete text and bold underline = add text)
Section 1:
If located within an EDD, the application must meet the following general standards of the
EDD Design Manual and, , the standards of evaluation for Schools if
the school were to be located in a zoning district other than an EDD.
Section 2.e) Stormwater Management:
1) No net increase in peak flow leaving the site from the predevelopment conditions for the
1-year 10 year, 24-hour storm;
The Planning Board voted unanimously to approve the ordinance with the two changes referenced
above.
FINANCIAL IMPACT: None.
RECOMMENDATIONS: The Administration recommends APPROVAL of the attached
ordinance consistent with the Planning Board recommendation with the exception of the changes
highlighted in bold.
3
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North
Carolina, that the Zoning Ordinance is hereby amended as follows:
Bold = New Language
$tFil ethmugl3 =Deleted Language
Section 1: Amend Article 4, Section 4.3 entitled "Permitted Use Table" and Use
P19 listed Schools: Elementary, Middle, and Secondary as depicted on the attached table.
Section 2: That this ordinance be placed in the file of published ordinances.
Section 3: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County
Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning
Ordinance of Orange County" is adopted.
Upon motion of Commissioner
Commissioner
the _ day of
seconded by
_, the foregoing Ordinance was adopted this
2004,
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on 2004
as relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2003.
Clerk to the Board of Commissioners
SEAL
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An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioner of Orange County that the Orange County
Zoning Ordinance is hereby amended as follows:
Section 1: Add a new section 8.8.30 to read as follows:
8.8.30 Schools: Elementary Middle and Secondary (Class A Special
Use
Additional Information
In addition to the information required in 8.2, 8.6 and 8.8, the following
information shall be submitted as part of the application:
a. Twenty-six copies of the site plan prepared in accordance with Article
XIV (Section 14.1 et seq.) of the Zoning Ordinance and with the
following additional information shown on the plan:
1. Total student capacity of school as designed
2. Total number of employees at time of greatest shift
3. Number and dimensions of designated parking spaces for
school buses
4. Number of designated parking spaces for employees
5. Number of visitor parking spaces
6. Number of student parking spaces
7. Location of student drop off points with stacking spaces
identified
8. Location of all proposed and future athletic fields and
structures
a.. Total number of seats for spectators
b. Location of concession stands, if any anticipated
9. Proposed public roadway improvements
10. Existing and proposed infrastructure improvements (water and
sewer)
b. Twenty-six copies of Landscape Plans showing the locations of
existing vegetation, areas proposed for preservation as well as plants
and materials for proposed planting areas.
c. Twenty-six copies of photometric plans in accordance with the Section
6.31, entitled Outdoor Lighting Standards.
d. Estimated water usage for structures, landscaping and athletic fields.
e. A Traffic Impact Study as required by Article 13 of the zoning
ordinance.
f. A Biological Inventory shall be prepared in accordance with Section
8.8.29.1 B (b).
g. A Resources Management Plan shall be prepared in accordance with
the criteria contained in the Resources Management Plan definition in
the Definitions Article of the Zoning Ordinance,
Standards of Evaluation
If located within an EDD, the application must meet the following
general standards of the EDD Design Manual and the Standards of
Evaluation for Schools if the school were to be located in a zoning
district other than an EDD:
a, Land Use Intensity
1, Impervious Surface Ratio
2. Building Volume Ratio
3. Landscape Volume Ratio
4, Site Volume Ratio
b. Environmental Factors
1. Noise
2. Vibration
3, Air Pollution
4. Electromagnetic Interference
5. Solid Waste
6. Grading & Erosion Control
7, Storm Water Management
8. Water Supply & Sewage Disposal
9. Construction & Maintenance
C, Design Criteria
1. Architectural Design
2. Landscape Design
3. Circulation & Parking
4, Service & Storage
5. Signs & Lighting
2. If located within a zoning district other than an EDD, the applicant must
meet the Standards of Evaluation as follows:
a) The project meets all applicable design standards and other
requirements of the Zoning Ordinance and the Subdivision
Regulations.
b) The project meets all service provision criteria as set forth
below:
(1) Fire - identifies the primary and secondary responders and
the source(s) of water.
(2) Police - identifies the primary and secondary responders.
(3) Rescue services - identifies the primary and secondary
responders.
(4) Water Supply - identification of public or private utility
source and capacity of water supply or identification of
water source through a water resource study.
(5) Wastewater Treatment Methods - provider and capacity of
wastewater treatment source.
(6) Solid Waste-as specified in 2.h of this section.
c) Habitats shall be identified and evaluated in the Biological
Inventory and are subject to the following:
(1) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as
shown on the biological inventory. Buffer width shall be
determined by site evaluation in consultation with the
applicant's biologist and County staff;
(2) Habitat enhancements as described in the biological
inventory shall be made for a broad range of species to
help mitigate the loss of wildlife habitat during construction.
Examples include preserving, planting, and maintaining a
variety of native vegetation (also dead trees and snags);
installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species; or creating wetlands;
(3) Conservation easements or other acceptable means such
as dedication to a public agency, conservancy or a similar
agency are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(4) Provide barriers or fencing, and signage at the edge of
habitat buffers to prohibit vehicular and pedestrian access.
Limited access may be allowed if proposed in a sensitive
manner for environmental education purposes.
d) Landscaping and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as indicated on
the approved landscape plan in accordance with the
provisions of Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be installed and
maintained between all areas of disturbance and
trees to be retained as shown on the approved
landscape plan. A detail of the tree protection barrier
proposed shall be included as part of the landscape
plan submitted with the application;
(c) Corridors connecting habitats identified in the
biological inventory shall be preserved along streams,
buffers, or other wooded areas. If destroyed during
construction, such connections shall be restored
using appropriate plant materials;
(d) Trees and stumps cleared for roads and building
construction shall either be used for timber purposes
or shredded for landscape mulch, composted, buried
or otherwise disposed of BUT NOT BURNED.
2) Berms, fences and landscaping walls may be used with
plant materials for screening, provided such features are
designed and located in harmony with other site features
and functions;
3) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required
at all freestanding entrance signs;
4) Use of xeriscaping principles.
e) Stormwater Management
1) No net increase in peak flow leaving the site from the
predevelopment conditions for the 10 year, 24-hour storm;
9
2) The stormwater management system must respect existing
drainage patterns. Runoff shall be directed away from
erosion-prone slopes.
3) Energy dissipaters shall be used where runoff is
concentrated and discharged, for example, at downspouts
from rooftops and storm drains at parking areas. Runoff shall
not be discharged directly into surface water, or other
environmentally sensitive areas;
4) Concentrated stormwater, conveyed by ditches, channels,
pipes, swales or other conveyance systems must be
dispersed and diffuse flow reestablished prior to discharge
into a stream buffer;
5) Nitrogen load contribution must be held to 3.6 Ibs per acre
per year.
f)
Drainage
1) All drainage structures will be installed and maintained
according to the approved Stormwater Management Plan.
2) School projects that include retention/detention ponds shall
comply with the requirements in Section 6.23.4, Operation
and Maintenance of Structural Best Management Practices.
g) Grading and Erosion Control
1) Plans for grading and erosion control shall comply with
standards contained in the Orange County Erosion and
Sediment Control Ordinance and Manual and, if applicable,
The North Carolina Erosion and Sedimentation Control
Program rules;
2) Construction shall be is phased tG4he extent PFaGti to
minimize disturbance and sedimentation;
3) Sediment control measures shall be properly installed to
filter sediment from runoff during construction and
maintained until grading is complete and a permanent
vegetative cover has been established and all slopes
stabilized; and
10
4) Permanent landscaping, groundcover, mulch, etc, shall be
installed as soon as practical after construction activities for
each phase are completed,
h) Solid Waste Management
A solid waste management plan, submitted as part of the
Resources Management Plan, shall include the method(s) of
disposal and recycling of construction debris.
i) Irrigation
1) Irrigation systems for the school project are designed and
can be operated according to a water conservation plan
described in the Resources Management Plan submitted
with the application;
2) The Resources Management Plan shall identify the
source(s) of water to be used for irrigation, the volume
available for that purpose, and expected consumption rates.
The system design and plan for operation will be evaluated
based on efficiency; and
3) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative,
j) Habitat Maintenance
1) Habitats identified in the biological inventory and habitats
created through mitigation shall be maintained in accordance
with the Resources Management Plan and/or a conservation
easement agreement; and
2) Maintenance of habitats shall be minimal, consisting
primarily of maintaining buffers and enhancements, removal
of exotic (non-native) plant species, and keeping drainage
ways functioning properly.
k) Crime Prevention through Environmental Design (Reserved)
1) Public Road Access
II
Access to the school project shall be via existing public roads
and shall conform to and be in compliance with any public road
access management plan adopted by Orange County.
m) Maintenance of Improvements
All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance, Maintenance
specifications, if any, for on-going site management (including
provisions for handling of storm debris in open space areas) shall
be submitted as part of the Resources Management Plan as
defined in Definitions (Article 22).
3. The following additional specific standards shall be met for all
elementary, middle and secondary schools:
a. The minimum lot size shall be, with respect to non-charter public
schools, as required by the School Construction Standards adopted
from time to time by Orange County Board of County
Commissioners, the Orange County Board of Education and the
Chapel Hill-Carrboro Board of Education. With respect to all
schools the lot size shall be adequate to accommodate all activities.
The proposed methods to handle the maximum number of
participants and patrons for any single event shall be provided
while also adhering to safe vehicular and pedestrian circulation.
b. Negative visual impacts shall be minimized along any major
roadway. Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof top
and other), parking areas for machinery, and storage buildings.
Appropriate screening methods shall be used to enhance the
aesthetic value of a project.
g. Transportation improvements as deemed necessary by the Traffic
Impact Study.
d. The site shall be designed to take advantage of multiple shared use
opportunities, which may include a Park and Ride facility for public
transportation.
There shall be a minimum of two access points to the site. Access
points shall separate student drop-off areas and visitor parking from
bus traffic. If school buses are used, then at least one access
12
shall be limited to school employee and bus use during normal
school hours. All access points shall be located to provide
maximum visibility and safety. No driveway shall be permitted in a
location that will hinder or congest traffic movement on a public
street.
Section 2: That this ordinance be placed in the file of published ordinances.
Section 3: That this ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Orange County Board of
Commissioners that this ordinance entitled "An Ordinance Amending the Zoning
Ordinance of Orange County" be adopted,
Upon motion of Commissioner , seconded by Commissioner
the foregoing ordinance was adopted this the day of
2004.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange
County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on, 2004 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
, 2004.
Clerk to the Board of Commissioners
SEAL
DRAFT
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 AND
5 ORANGE COUNTY PLANNING BOARD
6 Joint Public Hearing Agenda
7 November 24, 2003
8
9 The Orange County Board of Commissioners and the Orange County Planning Board met
10 in joint session for a public hearing on Monday, November 24, 2003 at 7:30 p.m. in the F.
11 Gordon Baffle Courtroom in Hillsborough, North Carolina.
12
13 COUNTY COMMISSIONERS PRESENT: Commissioners Moses Carey, Alice M.
14 Gordon, Stephen H. Halkiotis and Barry Jacobs
15 COUNTY COMMISSIONERS ABSENT: Chair Margaret W. Brown,
16 COUNTY ATTORNEY PRESENT: S. Sean Borhanian
17 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the
18 Board Donna S. Baker (All other staff members will be identified appropriately below)
19 PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and
20 members Noah Ranells, Jay Bryan, Crauford Goodwin, Barry Katz, Sam Lasris, Ted
21 Triebel, Bryan Dobyns,
22 PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray, Rachel
23 Preston, Maria Tadd, Renee Price
24
25 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
26 PERMANENT AGENDA FILE IN THE PERMANENT AGENDA FILE IN THE
27
28 A. Opening Remarks from the Chair - Vice Chair Alice Gordon called the meeting
29 to order, in the absence of Chair Brown.
30
31 B. Public Charge- Vice Chair Alice Gordon dispensed with the reading of the public
32 charge.
33
34 Commissioner Gordon said that she will open the meeting and call for the motions of
35 the BOCC and will close the meeting and Vice Chair Hunter Schofield will chair the public
36 hearing items.
37
38 C. Public Hearing- Planning Board Vice Chair Hunter Schofield
39
40 1. Orange County Zoning Atlas Amendment - PD-1-03 State Employees Credit
41 Union
42 a. Request for rezoning of an Economic Development - Limited Office 1 (ED-LO-1)
43 district to a Planned Development Economic Development Linear Office (PD-ED-
44 LNR) district with a Class A Special Use Permit.
45
46 Vice-Chair Schofield reviewed the procedure for this part of the agenda item:
47
48 Procedures for Re-Zoning and Special Use Permit-
49 ? The Re-zoning will be legislative
2Z DRAFT L4
1 brought up in August. He stated that this amendment is for subdivisions that are 5 new
2 lots or more and there is also another item - if an applicant uses the lower more restrictive
3 pattern than they would not have to go through the PD rezoning process. He stated that if
4 the subdivision is large then they still have to go through the PD process.
Vice-Chair Schofield asked if there were any questions.
8 A motion was made by Commissioner Barry Jacobs, seconded by Commissioner
9 Carey to consider a motion to accept the Administration's recommendation to refer
10 the proposed amendments to the Planning Board for a recommendation to be
11 returned to the BOCC no later than January 26, 2004.
12
13 VOTE: UNANIMOUS
14
15 b, Amend Article 22 (Definitions), Article 4.1 (Establishment of Use Regulations),
16 Article 4.3 (Permitted Use Table), and Article 6.29.4 (Additional Requirements for
17 Certain Subdivisions) of the Zoning Ordinance; and Section II (Definitions) and
18 Section III-D-3 (Preliminary Plat Approval) of the Subdivision Regulations to
19 require subdivisions with more than 20 lots in rural designated areas to follow a
20 planned development/special use permit/zoning atlas amendment process.
21
22 Craig Benedict said that at the November 5°i meeting the Board of County
23 Commissioners approved the Growth Management Standards with the condition that the
24 lot threshold be re-advertised and reconsidered with the 20-lot threshold for projects in the
25 rural designated areas. He stated that subdivisions have different impacts depending on
26 their location. The assumption for a rural road is that the average high speed is 55 mph
27 and there is the intent of enhanced rural character. He stated that a 20-lot threshold
28 would reduce the point at which projects would be brought forward for re-zoning and a
29 Class A Special Use Permit.
30
31 Vice-Chair Schofield asked fog questions from Planning Board.
32
:33 Vice-Chair Schofield any questions from audience.
34
35 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs
36 to accept the Administration's recommendation to refer the proposed amendments
37 to the Planning Board for a recommendation to be returned to the BOCC no later
38 than December 9, 2003.
39
40 VOTE: UNANIMOUS
41
42 3. Text Amendments to the Orange County Zoning Ordinance
4.3
44 Vice-Chair Schofield
45
46 a. Amend Article 4.3 (Permitted Use Table) and Article 8 (Special Uses) and the
47 standards therein to allow "School, elementary, middle, and high," with the
48 approval of a Class A special use permit and to apply special use permit
23
DRAFT IS
standards that meet the general standards, zoning district requirements, and the
applicable standards detailed in Article 8.8.29 and Article 8.8.30.
4 Craig Benedict said that this is a follow up to the August 2003 public hearing and said
5 that what they have approved previously is to allow schools in the Buckhorn EDD area.
6 He said that the standards for a Class A Special Use Permit in an EDD are not approved
7 but the actual use has been approved and this is a request to require a Class A Special
8 Use Permit for all schools in all districts. He stated that there is a pyramid of school review
9 standards (hand out). He also stated that Staff has imported the applicable Growth
10 Management Standards that exist now for subdivisions and placed them in the school
11 standards, He stated that that based on Commissioner Gordon's suggestions they will
12 add these standards for schools.
1.3
14 Vice-Chair Schofield Any questions?
15
16 Commissioner Gordon said that on page 104 what that meant, because if the application
17 meets the standards and Commissioner Gordon said that what this means is, and what
18 she suggested was a clarification as to which standard applied.
19
20 Craig Benedict said that they can re-word this by saying where a conflict exists, the most
21 restrictive warding will apply.
22
23 Commissioner Gordon asked about page 105 - water supply -she said that this is for all
24 schools and public water and sewer was preferred and if there was something smaller
25 they were asking for solid waste provisions and also a solid waste convenience center and
26 this is not just for public schools.
27
28 Commissioner Gordon referred to page 108 and public road access is required and this
29 does not state it but assumes it - add it. Commissioner Gordon referred to page 109 - 3-a
30 - non - chartered public schools and when it applies to all schools and to make more
31 specific for other schools (rather than just public).
32
33 Craig Benedict said that they will use language to clarify.
34
35 Commissioner Gordon said that the growth management standards and the bicycle plan
36 and if there should be any open space connectivity and if you needed constructed
37 resources, She stated that you need that on the first page.
38
39 Crauford Goodwin What about that historical resources and noise?
40
41 Craig Benedict said that they can add that.
42
4.3 Vice-Chair Schofield asked for any comments from the public; there were none.
44
45 A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs
46 to accept the Administration's recommendation to refer the proposed amendments
47 to the Planning Board for a recommendation to be returned to the BOCC no sooner
48 than January 26, 2004.
49
DRAFT )CO
MINUTES
ORANGE COUNTY PLANNING BOARD
THURSDAY, January 8, 2004
Dinner - 6:00 - 6:30
Regular Meeting - 6:30 p.m. - 9:30 p.m,
MEMBERS PRESENT: Hunter Schofield, Chair, Cedar Grove Representative; Jay Bryan, Vice-
Chair, Chapel Hill at Large; Brian Dobyns, Cheeks, Representative; Theresa Nicole Graysmith,
Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel
Hill at Large; Sam Lasris, Chapel Hill at Large; Renee Price, Chapel Hill at Large; Noah
Ranells, Bingham at Large; Theodore W. Triebel, Little River Representative;.
MEMBERS ABSENT: Maria Tadd, Bingham Representative
STAFF PRESENT: Craig N. Benedict, AICP, Planning Director; Catherine LaSpaluto, Admin Asst
II; Robert Davis, Current Planning Supervisor; Tom Altieri, Supervisor Planner III; Gene Bell,
Planning Systems Coordinator, Planner III, Eddie Kirk, Planner II
APPLICANT'S REPRESENTATIVES: Mr. Jonathan E. Parsons, Landscape Architect from O'Brien
Atkins, PA and Transportation Engineer, Rynal G. Stephenson, P.E. of Ramey, Kemp &
Associates
8. A. Zoning Atlas Amendment
I. PD-1-03 State Employees Credit Union
Eddie Kirk - made a brief presentation as to the nature of the request comments from the Public
Hearing and the Planning staff recommendation that is APPROVAL with the following
conditions.
1. Sewer and water lines shall be extended at the time of site development.
1 Parking, landscaping and buffers shall be installed and maintained as shown on the
November 3, 2003 site plan. Existing trees will be preserved wherever possible.
3. Sidewalks shall be constructed and maintained by the State Employees' Credit Union
until the property is annexed by the Town of Hillsborough.
4 All NCDOT construction requirements shall be met. Rights-of-way shall be dedicated
where required.
5, One Right In/Right Out access entrance on Old NC 86 shall be permitted.
6. A stub out to the south shall be constructed as indicated on the November 3, 2003 site
plan. A cross-access easement agreement shall be approved by the County Attorney's
office prior to recordation of Special Use Permit.
7. A stub out easement shall be provided to the western property line for potential
connection to adjoining property when developed.
8. The applicant shall insure a controlled burn for fire safety training or shall deconstruct
the existing house and accessory structure on the site.
9. If any condition of this Special Use Permit shall be held invalid or void, then this
DRAFT
light.
Sam - Asked if there are any projects projected for the area,
Benedict stated that the Waterstone project is still under discussion and natural increases in
background traffic from previously approved development would also increase traffic volume.
Hunter Schofield - Stated that traffic problems from that project alone would necessitate the need
for turning movement restrictions.
Barry Katz - Asked if we could use a trigger to force construction of the Right In/Right Out at a
future date.,
Mr. Jonathan Parsons stated that the Credit Union was agreeable to that solution when volume of
traffic exceeded Level of Service D.
i?
MOTION 8.a. I - by Ted Triebel, Craufurd Goodwin 2nds
Pass proposed staff recommendations with the exception of 45 activated Right In/Right Out being
required when service level D was exceeded either within 6 month of the completion of
construction or by NCDOT determination.
VOTE Ayes with exception of Jay Bryan who opposes. He stated he supports Barry Jacobs on
the issue of enough drive-throughs; he also doesn't agree with standards that use DOT standards.
Motion passed 9/1 vote on Zoning Atlas Amendment and Special Use Permit.
8. C. ISpecial Use Permit Standards for Schools: Amend Article 4.3 (Permitted Use Table)
and Article 8 (Special Uses) of the Zoning Ordinance to allow "School, elementary, middle, and
high" with the approval of a Class A special use pennit
Craufurd Goodwin - Asked if the standards applied to alternative schools
Robert Davis- replied that they do.
Brian Dobyns asked if the new standards would make the development process more expensive.
Davis responded that it "front loads" some expenses by requiring that certain studies be
completed as part of the application process..
Jay Bryan expressed concerns about signs and lighting.
Davis responded that these items were addressed in the standards and referenced to the
appropriate sections in the Ordinance.
MOTION 8.C.1.- Jay Bryan made a motion to recommend approval of the ordinance with two
proposed changes Barry Katz seconds
1, Pg. 162 eliminate in "to the extend applicable,"
2, change on page 164 - 1 to "10 year / 24"
DRAFT
VOTE: All ayes
8.C.2 Telecommunication Towers
Davis discusses future use of a MTP (Master Telco Plan),.
Noah Ranells - Comments that Agricultural Districts need to implement it.
Robert Davis- It was only advertised as an informational tool and not a regulation.
I?
Craig Benedict states Noah Ranells's concerns will help bring the MTP back to the forefront after
a Task Force is created.
Jay Bryan - States balloon tests should be done in the winter..
Davis - answers that most will be done at that time because of and amended meeting schedule.
Jay Bryan & Brian Dobyns ask questions regarding resident notification.
Sam - balloons help neighborhood understand location and height.
Hunter Schofield - Who is captured by the notice and test?
Davis - says %2 mile radius notified.
Cranford Goodwin - says priority ranking test should be instituted in full without the deleted
areas.
Davis says MTP will help in this matter when it resurfaced.
Craig Benedict- Mentions again that a Task Force will be suggested to bring the MTP to a
conclusion.
MOTION ON 8.C.2. Cranford Goodwin - Moves to Approve Telecommunication Towers, Ted
seconds
VOTE: All ayes
8.1). TEXT AMENDMENTS To THE ORANGE COUNTY SUBDIVISION REGULATIONS
1. Recommendations of Orange Grove Road Transportation Group
2. Certificates and Endorsements to Appear on Final Plat
Hunter Schofield suggest motion be made to combine 8.D.1 &2.
MOTION on Combining 8.D.1 &2. by Jay Bryan - Barry Katz seconds
VOTE: All Ayes.
Hunter Schofield: We heard these prior to going to the Public Hearing as well as at the Public
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