HomeMy WebLinkAboutAgenda - 06-26-2003-9DORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 26, 2003
Action Age~da~
Item No.
SUBJECT: Legal Advertisement for August 25, 2003 Quarterly Public Hearing
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S):
Proposed Legal Advertisement
Relevant Portions of Article 6.29.3 of Orange
County Zoning Ordinance (Economic
Development Districts Design Manual)
(Under Separate Cover)
INFORMATION CONTACT:
Craig Benedict, Planning Director, ext 2592
Robert Davis, Planner III, ext 2580
Tom Altieri, Planner III, ext 2579
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To receive authorization to submit the Quarterly Public Hearing Legal
Advertisement for publication for the August 25, 2003 quarterly publlic hearing.
BACKGROUND: The next regular quarterly public hearing is scheduled for August 25, 2003. A
summary of each item proposed for public hearing is provided. Staff is available to research
and answer questions prior to the public hearing.
Since there are no meetings in July or early August, a request for legal ad is submitted in late
June even though it may seem early.
This one topic (Subdivision design review and processes) is implemented through Subdivision
and Zoning regulations. Aversion of these amendments were reviewed at the November 25,
2002 Quarterly Public Hearing and since that time the concept has been enhanced as noted
below.
ORANGE COUNTY ZONING AND SUBDIVISION ORDINANCE TEXT AMENDMENTS
1. In May of last year the Planning Board in a letter to the Board of County Commissioners
(BOCC) noted their concern about the impact of subdivisions in the county.
On November 25, 2002, a Public Hearing was held for Zoning and Subdivision Text
Amendments to: (1) establish a Class A Special Use Permit requirement and process
when creating 20 or more lots or involving 20 or more acres, and (2) this would be required
in addition to Preliminary Plat Approval for Major Subdivisions. However, these
amendments were not approved.
As an alternative to recommending a subdivision moratorium, the Planning Board (PB)
decided to pursue the development of a Special Use Permit (SUP) process. In January of
this year, a draft SUP process was presented to the PB. However, the PB did not forward
a favorable recommendation to the BOCC at that time. During February and April, the PB
and Staff worked on a modified SUP system that would address their concerns.
The revised system creates a special use permit process that sets special use standards
and locational criteria for subdivision size (number of lots) based on zoning district.
Proposed major subdivisions in the Agricultural Residential (AR), Rural Residential (R1)
outside 10-20 Year Comprehensive Plan Transition Areas, and Rural Buffer (RB) zoning
districts would be processed as follows:
6 -12 lots, approval by the Planning Board;
13 - 20 lots, approval by the Board of County Commissioners with a special use
permit; and
21 or more lots, approval as a planned development zoning amendment by the
Board of County Commissioners.
Proposed major subdivisions in the R1 zoning district inside 10-20 Year Comprehensive
Plan Transition Areas would be processed as follows:
6 - 20 lots, approval by the Planning Board;
21 - 79 lots approval by the Board of County Commissioners with a special use
permit; and
80 or more lots, approval as a planned development zoning amendment by the
Board of County Commissioners.
2. Amend the text of Article 6.29.3 of the Zoning Ordinance (Economic Development
Districts Design Manual) to make the following changes to the Permitted Use Table:
a. Correct a reference to the issuance of Class B special use permits by the Board of
Adjustment: and
b. Add "School, elementary, middle, and high" to the I-85/Buckhorn Road column as a
use permitted within the existing Primary Development Area with the approval of a
planned development (PD) and Class A special use permit. This will make it possible
to utilize the locational and infrastructure advantages of the EDD for this essential
public use. Other types of schools (vocational and dance, art, and music) are already
permitted as planned developments with a Class A special) use permit. The area is
large enough to provide for a transition of compatible uses using existing buffer
standards.
FINANCIAL IMPACT: There is no financial impact associated with this decision.
Advertisement costs are included in the budget for County initiated items.
RECOMMENDATION(S): The Administration recommends APPROVAL of the proposed
August 25, 2003 Quarterly Public Hearing legal advertisement.
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, August 25, 2003, at 7:30 PM for the purpose of giving all interested citizens an
opportunity to speak for or against the following items:
A. ORANGE COUNTY ZONING ORDINANCE
1. Amend Article 8 to create a special use permit process that sets special use
standards and locational criteria for subdivision size (number of lots) based
on zoning district.
Proposed major subdivisions in the Agricultural Residential (AR), Rural
Residential (R1) outside 10-20 Year Comprehensive Plan Transition Areas,
and Rural Buffer (RB) zoning districts would be processed as follows:
• 6 -12 lots, approval by the Planning Board;
• 13 - 20 lots, approval by the Board of County Commissioners with a
special use permit; and
• 21 or more lots, approval as a planned development zoning
amendment by the Board of County Commissioners.
Proposed major subdivisions in the R1 zoning district inside 10-20 Year
Comprehensive Plan Transition Areas would be processed as follows:
• 6 - 20 lots, approval by the Planning Board;
• 21 - 79 lots approval by the Board of County Commissioners with a
special use permit; and
• 80 or more lots, approval as a planned development zoning
amendment by the Board of County Commissioners.
Purpose: To more effectively mitigate the impacts of large residential
developments occurring in the County's planning jurisdiction through a
combination of locational and threshold criteria designed to encourage major
subdivisions near areas with urban infrastructure potential.
2. Zoning ordinance text amendments to Article 6.29.3 of the Orange County
Zoning Ordinance (Economic Development Districts Design Manual).
Amend the Permitted Use Table and development area description to:
a. Scrivener's change, "Class A Special Use" to "Class B Special Use"
when referring to special uses approved by the Board of Adjustment;
b. Add "School, elementary, middle, and high" to the I-85/Buckhorn Road
column as a use permitted within the existing Primary Development Area
with the approval of a planned development (PD) and Class A special use
permit anal describe change within development area text.
4
Purpose: The heading on each page of the Permitted Use Table in the EDD
Design Manual contains the following statement regarding special use permits:
"...or by the Board of Adjustment as a Class A Special Use ("B")." "Class A"
should be amended to read "Class B" since this is the type of permit issued by the
Board of Adjustment.
Adding "School, elementary, middle, and high" as a use permitted with the
approval of a planned development (PD) and Class A special use permit in the I-
85/Buckhorn Road EDD will make it possible to utilize the locational and
infrastructure advantages of the area for this essential public use. The area is
large enough to provide for a transition of compatible uses using existing buffer
standards. Vocational schools and schools specializing in dance, art, and music
are already allowed in the EDD with the approval of a planned development (PD)
and Class A special use permit.
B. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
1. Creates a special use permit that sets special use standards and locational
criteria for subdivision size (number of lots) based on zoning district.
Proposed major subdivisions in the Agricultural Residential (AR), Rural
Residential (R1) outside 10-20 Year Comprehensive Plan Transition Areas,
and Rural Buffer (RB) zoning districts would be processed as follows:
• 6 -12 lots, approval by the Planning Board;
• 13 - 20 lots, approval by the Board of County Commissioners with a
special use permit; and
• 21 or more lots, approval as a planned development zoning
amendment by the Board of County Commissioners.
Proposed major subdivisions in the R1 zoning district inside 10-20 Year
Comprehensive Plan Transition Areas would be processed as follows:
• 6 - 20 lots, approval by the Planning Board;
• 21 - 79 lots approval by the Board of County Commissioners with a
special use permit; and
• 80 or more lots, approval as a planned development zoning
amendment by the Board of County Commissioners.
Purpose: To more effectively mitigate the impacts of large residential
developments occurring in the County's planning jurisdiction through a
combination of locational and threshold criteria designed to encourage major
subdivisions near areas with urban infrastructure potential.
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
5
changes may be obtained after August 20, 2003 from the Planning
Department. Also, the text may be obtained at the County website
www.co.orange.nc.us at the Agendas and 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, 306E 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), 967-
9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension
2575 or 2585. You will be directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald Chapel Hill News
August 13, 2003 August 13, 2003 August 13, 2003
August 20, 2003 August 20, 2003 August 20, 2003