HomeMy WebLinkAboutAgenda - 11-02-2005-9bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 2, 2005
Action Agenda b
Item No.
SUBJECT: Legal Advertisement for Joint Quarterly Public Hearing — November 21, 2005
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1) Proposed Legal Advertisement
2) Resolution — Right -of -Way Closure
3) Map — Proposed Density Options
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245-2592
Tom Altieri, Comprehensive Planning
Supervisor, 245 -2579
Robert Davis, Current Planning
Supervisor, 245 -2580
Karen Lincoln, Transportation Planner
245 -2594
PURPOSE: To consider the legal advertisement (Attachment 1) for items to be presented at the
Joint Board of County Commissioners /Planning Board Quarterly Public Hearing scheduled for
November 21, 2005.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general county policy and presentation format. The following
items are proposed for consideration at the November 21, 2005 Joint Quarterly Public Hearing.
CLOSING OF A PUBLIC RIGHT -OF -WAY
1) Declaration of Intent to Close a 0.27 -mile Portion of Pleasant Green Community
Center Road, SR 1571
Property owners on SR 1571, Pleasant Green Community Center Road, have petitioned the
North Carolina Department of Transportation ( NCDOT) to abandon from the State
Maintained System a 0.27 -mile portion of SR 1571, Pleasant Green Community Center
Road.
The Orange County Board of Commissioners, at its meeting on October 3, 2005, approved a
resolution (Attachment 2) to request that the NCDOT abandon an unpaved 0.27 -mile portion
of Pleasant Green Community Center Road (SR 1571) from the State Secondary Road
Maintenance Program.. The Board also approved a second resolution declaring the Board's
intent to close the unpaved 0.27 -mile portion of SR 1571.
ORANGE COUNTY COMPREHENSIVE PLAN LAND USE ELEMENT UPDATE
1) Policy Options for Residential Land Use Density in Watersheds
This is the first of a three -part public hearing process for the Comprehensive Plan Land Use
Element Update and is to present four policy options (Attachment 3) for residential land use
density. Residential land use density determines how many acres will be required to
construct a new single - family home. A reduction in permitted Density is necessary to
address identified growth challenges in the areas of air and water quality, water resources,
environmental protection, open space preservation, traffic control, and efficient provision of
public services.
This Public Hearing will remain open and no decision made on Residential Zoning Density
Policy Options until the following associated items are heard at the second and third public
hearings:
a) Draft Land Use Element Text and Future Land Use Map Updates on February 27, 2006;
and
b) Zoning Text and Atlas amendments later in 2006.
The Board of Commissioners will hear public comments at all three Public Hearings before
closing the Public Hearings and referring the LUE Update and zoning amendments to the
Planning Board for their recommendation. Following a Planning Board recommendation, on
Public Hearing specific items, the BOCC considers the amendments and makes a final
decision.
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1) Family, Group, and Rehabilitative Care Amendments
These amendments are to bring the Zoning Ordinance in line with the State Standard for
each of these facilities. Classification of the facilities, clearer definitions, approval
procedures and setting locational criterion will be addressed for Family, Group and
Rehabilitative categories.
2) Child Day Care Amendments
Since Orange County last amended the sections of the Zoning Ordinance that address child
day care facilities in 1991, State administrative laws and regulations governing these
facilities have changed. It is necessary to amend the child day care provisions of the Zoning
Ordinance to establish consistency with State standards and terminology for day care
providers, users of day care facilities, and the general public.
FINANCIAL IMPACT: Other than advertising costs, there are no direct financial impacts
associated with the approval of this item. Upon request, Planning Staff will convey an estimate
of advertising costs associated with the color maps (Attachment 3) on November 2nd,
RECOMMENDATION(S): The Administration recommends APPROVAL of the proposed
November 21, 2005 Joint Quarterly Public Hearing legal advertisement.
ATTACHMENT 3
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the
New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on
Monday, November 21, 2005, at 7:30 PM for the purpose of giving all interested citizens
an opportunity to speak for or against the following items:
A. CLOSING OF A PUBLIC RIGHT -OF -WAY
1) Declaration of Intent to Close a 0.27 -mile Portion of Pleasant Green
Community Center Road, SR 1571
Property owners on SR 1571, Pleasant Green Community Center Road,
have petitioned the North Carolina Department of Transportation
( NCDOT) to abandon from the State Maintained System a 0.27 -mile
portion of SR 1571, Pleasant Green Community Center Road.
The Orange County Board of Commissioners, at its meeting on October
3, 2005, approved a resolution to request that the NCDOT abandon an
unpaved 0.27 -mile portion of Pleasant Green Community Center Road
(SR 1571) from the State Secondary Road Maintenance Program. The
Board also approved a second resolution declaring the Board's intent to
close the unpaved 0.27 -mile portion of SR 1571.
Purpose: Per property owners request, close the public Right -of -Way on a 0.27 -
mile Portion of Pleasant Green Community Center Road, SR 1571. Property
owners noted repeated illegal dumping creating unsafe conditions and undue
costs for removal of debris.
B. ORANGE COUNTY COMPREHENSIVE PLAN LAND USE ELEMENT UPDATE
1) Policy Options for Residential Land Use Density in Watersheds
This is the first of a three -part public hearing process for the
Comprehensive Plan Land Use Element Update and is to present four
policy options for residential land use density (See Supplemental Map
Advertisement). Residential land use density determines how many
acres will be required to construct a new single - family home in rural
Orange County. New Policy Options do not reflect changes within
municipal areas, County Economic Development Districts, Urbanizing
Transition Areas, Rural Community Activity Nodes, and Cane Creek and
University Lake Watersheds.
ATTACHMENT 4
This Public Hearing will remain open and no decision made on
Residential Land Use Density Policy Options until the following
associated items are heard at the second and third public hearings:
a) Draft Land Use Element Text and Future Land Use Map Updates on
February 27, 2006; and
b) Zoning Text and Atlas amendments later in 2006.
The Board of Commissioners will hear public comments at all three
Public Hearings before closing the Public Hearings and referring the
LUE Update and zoning amendments to the Planning Board for their
recommendation. Following a Planning Board recommendation, on
Public Hearing specific items, the BOCC considers the amendments and
makes a final decision.
Purpose: The Residential Land Use Density Policy Options reduce urban
sprawl potential by reducing potential housing density. A reduction in
Residential Zoning Density is necessary to address identified growth
challenges in the areas of air and water quality, water resources,
environmental protection, open space preservation, traffic control, and
efficient provision of public services.
C. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1) Family, Group, and Rehabilitative Care Amendments
Orange County proposes amendments to the existing Section 4.3
Permitted Use Table, Article 6 to add a new subsection 6.31 Family Care
and Rehabilitation Care Facilities, Section 22 Definitions to make use,
standards, and definitions in the Orange County Zoning Ordinance
regulations reflective of revisions in the appropriate State family, group
and rehabilitation care standards.
Purpose: These amendments are to bring the Zoning Ordinance in line with
the State of North Carolina Standard for each of these facilities. Classification
of the facilities, clearer definitions, approval procedures and setting locational
criterion will be addressed for Family, Group and Rehabilitative categories.
2) Child Day Care Amendments
Orange County proposes amendments to the existing Section 4.3
Permitted Use Table, Section 6.27 Large Day Care Homes, Section 8.8.16
Day Care Facility, Section 10.4 Off - Street Parking Requirements, and
Section 22 Definitions to make use, standards, and definitions in the
Orange County Zoning Ordinance regulations reflective of revisions in
the appropriate State child day care standards.
ATTACHMENT 5
Purpose: Since Orange County last amended the sections of the Zoning
Ordinance that address child day care facilities in 1991, State administrative
laws and regulations governing these facilities have changed. It is necessary
to amend the child day care provisions of the Zoning Ordinance to establish
consistency with State standards and terminology for day care providers,
users of day care facilities, and the general public.
Changes may be made in the advertised proposals that reflect debate, objections
and discussion at the hearing.
Accommodations for individuals with physical disabilities can be provided if the
request is made to the Director of Planning at least 48 hours prior to the Public
Hearing by calling the appropriate number listed below. The full text of the
changes may be obtained after November 16, 2005 from the Planning Department.
Also, the text may be obtained at the County website www.co.orange.nc.us at the
Agendas an Reports link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County Planning
Department located in the Planning and Agricultural Center, 306F Revere Road,
Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. You may also call 245 -2575 (Hillsborough), 688 -7331 (Durham), or 967-
9251 (Chapel Hill - Carrboro). Please ask for extension 2575 or 2585 and you will be
directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
November 9, 2005 November 9, 2005
November 16, 2005 November 16, 2005
ATTACHMENT 2 6
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION DECLARING INTENT TO CLOSE A PUBLIC RIGHT -OF -WAY FOR A
0.27 -MILE PORTION OF SR 1571, PLEASANT GREEN COMMUNITY CENTER
ROAD, ENO TOWNSHIP
WHEREAS, property owners on SR 1571, Pleasant Green Community Center
Road, have petitioned the North Carolina Department of Transportation ( NCDOT) to
abandon from the State Maintained System a 0,27 -mile portion of SR 1571, Pleasant
Green Community Center Road, identified on the map that is Exhibit A of this
Resolution (hereinafter "the abandoned right -of- way "); and
WHEREAS, the Board of Commissioners has adopted a resolution finding partial
abandonment of SR 1571 from the State Maintained System to be in the best interest of
the people of Orange County, and requesting that the NCDOT abandon the same 0,27 -
mile portion of SR 1571 from the State Maintained System; and
WHEREAS, it appears that no individual owning property in the vicinity of the
read in which it is located would thereby be deprived of reasonable means of ingress
and egress to his property;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of
Commissioners that the Board intends to close the abandoned right -of -way.
BE IT FURTHER RESOLVED that, prior to a decision on the closing of the
abandoned right -of -way, a public hearing shall be held at the F.. Gordon Battle
Courtroom, Orange County Courthouse, 106 East Margaret Lane, Hillsborough, on the
21St day of November, 2005, at 7:30 p.m. Pursuant to N,C..G.S, § 153A -241, the Clerk
to the Board shall publish this Resolution in the Chapel Hill Herald and the News of
Orange once a week for three (3) successive weeks before the said hearing; the Clerk
shall send a copy of this Resolution by registered or certified mail to each owner as
shown on the county tax records of property adjoining the public road or easement who
did not join in the request to have the road or easement closed; and a notice of the
closing and public hearing to be prominently posted in at least two places along the
road or easement.
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the day of
2005
I, Donna 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 October 3, 2005, 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
2005.
Clerk to the Board of Commissioners
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