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HomeMy WebLinkAboutAgenda - 02-01-2000 - 9dORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 1. 2000 Action Agenda- Item#_A__?_ SUBJECT: ED PUBLIC HEARING ADVERTISEMENT-- FEBRUARY 28, 2000 DEPARTMENT: PLANNING & INSPECTIONS PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): Proposed Public HE Legal Advertisement INFORMATION CONTACT: Craig Benedict - Extension 2592 Robert P. Davis - Extension 2575 TELEPHONE NUMBERS Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To approve the legal adverfisement for item proposed for the February 28, 2000 quarterly public hearing. BACKGROUND: The next regular quarterly public hearing is scheduled for February 28, 2000. A summary of ead? item proposed for public hearing is provided below. The proposed legal advertisement on the public hearing items is attached. The advertisement is scheduled for consideration by the Board of Commisssioners on February 1, 2000. A. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS C GOAL: Watershed Protection adopted June 21, 1999 'OSE. To regulate land development to promote water quality in the r Neuse Basin (specifically Upper Eno River Basin) and the Cape Basin and reduce erosion and sedimentation. Upper Eno Watershed Density Amendments a. Amend SECTION 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION -OVERLAY DISTRICTS to lower the permitted densities in a portion the Upper Eno Protected Watershed Area and Upper Eno Critical Area. b. Amend SECTION 6.23.2 RESIDENTIAL DENSITY to revise the maximum density allowed in a portion of the Protected Area and the Critical Area. The proposal would change current regulations to the 4=/rabert/leaalad/ 2 2-acre and 5-acre densities that currently exist in the University Lake Watershed and the Cane Creek Watershed. The proposed changes would not apply to any portion of the 1-85/Buckhorn Road Economic Development District (EDD), nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the I- 85/Buckhorn Road EDD, nor to Rural Residential, transition area south of High Rock Road and Lebanon Road as defined in the Land Use Element of the Orange County Comprehensive Plan. c. Amend SECTION 6.23.3c.1 Residential Development IMPERVIOUS SURFACE/DETENTION POND- REQUIREMENTS (RESIDENTIAL) for a portion of the Protected Area and Critical Area. The proposed changes would not apply to any portion of the 1-85/Buckhorn Road Economic Development District (EDD), nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the I- 85/Buckhorn Road EDD, nor to Rural Residential transition area south of High Rock Road and Lebanon Road as defined. in the Land Use Element of the Orange County Comprehensive Plan. d. Amend SECTION 6.23.3C.2 Non-Residential Development IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) for a portion of the Protected Area and Critical Area. The proposed changes would not apply to any portion of the I- 85/Buckhorn Road Economic Development District (EDD), nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the 1-85/Buckhorn Road EDD, nor to Rural Residential transition area south of High Rock Road and Lebanon Road as defined in the Land Use ,Element of the Orange County Comprehensive Plan. e. Amend SECTION 6.23.9 CLUSTERING in the Orange County Zoning Ordinance and Section IV-13-10 FLEXIBLE DEVELOPMENT of the Orange County Subdivision Regulations. 2. Extra Requirements For Watershed Protection Overlay Districts a. Amend the cluster option criteria in the Cane Creek Watershed. Purpose: Increases minimum lot sizes used in the flexible conservation- cluster option so the `cluster down' smaller lots do not create a burden on generally poor soils in the county and lot size is consistent with rural surroundings. Allow density bonus of 10% of the total number of lots proposed in exchange for the protection of additional open space between 34 percent and 50 percent. Allow density bonus of 20% of the total number of lots proposed in exchange for the protection of additional open space above 50 percent. B. ORANGE COUNTY SUBDIVISION TEXT AMENDMENTS BOCC GOAL: Regional Transportation Planning adopted June 21, 1999 BOCC GOAL: Rural Character Preservation adopted June 21, 1999 (Objective 2) n• /rnhmrt /? anal aA /TP .,P T nnv 3 To gauge cumulative impacts of development as it relates to m, flexible development options and access. tI. Various amendments to the Orange County Subdivision i Regulations. a. Amend SECTION III-B (1) Classification of Subdivisions to change from twenty-four month period to a ten (10) year period to require that parent parcels resubdivided within a ten-year period would be gauged and reviewed for their cumulative effect in a major subdivision process. PURPOSE. To better allow the Planning Department to monitor the piecemeal pattern of subdivision applications and approvals and to reduce the incentive to avoid the major subdivision review process. b. Amend SECTION III-D-1 Concept Plan A roval in all Zoning Districts Except the Rural Buffer to revise the procedures for concept plan approval. PURPOSE: Both options, Conventional and Flexible Development are still available to the the developer for initial submittal. This procedure pennits Planning Staff to recommend which option of subdivision (flexible or conventional) is preferred and to remove language that the subdivision options are non-binding on the applicant. This new procedure will promote more open space in subdivisions. c. Amend SECTION III-D-2 Concept Plan Approval in the Rural Buffer Zoning District to revise the procedures for concept plan approval. Purpose: Same as 2b d. Amend the SECTION II DEFINITIONS Subdivision (1) by changing the requirement that resultant lots shall: e) not increase the number of access points to a public street over the number currently existing and f) not shift access from a lower classified/volume street to a higher classified/volume street. PURPOSE: To promote and maintain transportation efficiency by limiting access on higher capacity/classified roadways e. Amend the Zoning Ordinance and Subdivision Regulations to create a new definition entitled Non-Vehicular Access (NVA) Easement. PURPOSE. To prevent creation of additional, unauthorized driveways along roads or allow recombination of lots to defeat the purpose of the subdivision regulations. f. Amend Orange Private Road Standards to reduce the maximum number of lots allowed on a private road to 10 from 25, raise the standards for private roads and to require that a NC Professional a:/robert/leaalad/ 4 Engineer approve the construction of private roads in accordance with sound engineering practices. PURPOSE. To encourage construction of public roads thereby reducing financial burden on residents within subdivisions, to permit interconnectivity of roads and to raise the standard of construction for private streets when they are used. C. AMENDMENTS REGARDING THE FUNCTIONAL CLASSIFICATION OF ROADS IN ORANGE COUNTY BOCC GOAL: Comprehensive Plan adopted June 21, 1999 (Objective 2) BOCC GOAL: Regional Transportation Planning adopted 6/21/1999 BOCC GOAL: Rural Character Preservation adopted June 21, 1999 (Objective 2) PURPOSE. To plan for the orderly growth of the county transportation network and integrate the system on a regional basis while maintaining rural character in review of adopted plans. Orange County Comprehensive Plan Amendments Orange County proposes to amend the Transportation Section (2.6) of the Land Use Element to update the County-Specific Road Classification section and corresponding changes to 3.6 through 3.12 (Township Plans). These amendments are proposed as part of the implementation .of the Board of County Commissioners FY 1999 -- 2000 Goal "To prepare. a...new Orange County Comprehensive Plan". The amendments propose to: a. Promote consistency of functional classification of roads in Orange County's jurisdiction with classifications of roads in plans and ordinances of the incorporated municipalities in Orange County and with NCDOT classifications; b. Clarify the functional classification of roads in Orange County; c. Identify spatial "superblocks" where collector roads will be needed with continued development; d. Delete previously proposed roads that are no longer planned. 2. Orange County Zoning Ordinance Amendments a. Amend Article 4.2.10.7 Access for Community Commercial-II (CC-3) Districts to reflect proposed changes to section 2.6 County-Specific Road Classification System. Deletes the term "major" from the classification "major collector'. b. Amend Article 4.2.11.3 Access for General Commericial-IV (GC-4) Districts to reflect proposed changes to section 2.6 m• /rnhori-/l Prra1 Ad/FhPHr.nnv 5 County-Specific Road Classification System. Deletes the term "major" from the classification "major collector". c. Amend Article 13.3 (Traffic Impact Study) Applicability to require a traffic impact study for special use permits and site plans for developments expected to generate 800 trips per day on an arterial road or 350 trips per day on a collector road or minor local road. d. Amend Article 22 Definitions to reflect proposed changes to section 2.6 County-Specific Road Classification System. The intention of these amendments is to promote consistency of definitions in the Zoning Ordinance with those in the Comprehensive Plan and the Subdivision Regulations. 3. Orange County Subdivision Regulations Amendments a. Amend Section II Definitions to: 1) reflect proposed changes to section 2.6 County-Specific Road Classification System and 2) add a definition for a NON-VEHICULAR ACCESS (NVA) EASEMENT to prohibit driveway or vehicular access onto an arterial, collector or major local road in a development where access is provided via a minor local road, a private road or a shared driveway and 3) add a definition for SUPERBLOCK that describes areas where future collectors are required with continued development. The intention of these amendments is to promote consistency of definitions in the Zoning Ordinance with those in the Comprehensive Plan and the Subdivision Regulations. -b. Amend Section IV-13-3=c=1 (Streets) Widths (Right-of-Way widths) to change street types to be consistent with proposed changes to the road functional classification. c. Amend Section IV-13-3-c-8 Access Restrictions to limit access from individual lots in new subdivisions to internal streets (minor local roads) and to require non-access easement to prohibit driveway or vehicular access along other roads adjacent to the subdivision. d. Amend Section IV-13-3-e-2 Applicability to require a traffic impact study for proposed subdivisions estimated to generate 800 trips per day on an arterial road or 350 trips per day on a collector road or major local road. RECOMMENDATION: The Administration recommends approval of the attached advertisement for the February 28, 2000, quarterly public hearing. (7-/rnhart/1 Anal ari/Fh 6 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, February 28, 2000, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. ORANGE COUNTY ZONING ORDINANCE AMENDMENTS 1. Upper Eno Watershed Density Amendments a. Amend SECTION 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS to lower the permitted densities in a portion the Upper Eno Protected Watershed Area and Upper Eno Critical Area. b. Amend SECTION 6.23.2 RESIDENTIAL DENSITY to revise the maximum density allowed in a portion of the Protected Area and the Critical Area. The proposal would change current regulations to the 2-acre and 5-acre density that currently exists in the University Lake Watershed and the Cane Creek Watershed. The proposed changes would not apply to any portion of the 1-85/Buckhorn Road Economic Development District (EDD),- nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the 1-85/Buckhorn Road EDD, nor to Rural Residential, transition area south of High Rock Road and Lebanon Road as defined in the Land Use Element of the Orange County Comprehensive Plan. c: Amend SECTION 6.23.3c.1 Residential Development IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS RESIDENTIAL for a portion of the Protected Area and Critical Area. The proposed changes would not apply to any portion of the 1-85/Buckhorn Road Economic Development District (EDD), nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the I- 85/Buckhorn Road EDD, nor to Rural Residential, transition area south of High Rock Road and Lebanon Road as defined in the Land Use Element of the Orange County Comprehensive Plan. d. Amend SECTION 6.23.3C.2 Non-Residential Development IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) for a portion of the Protected Area and Critical Area. The proposed changes would not apply to any portion of the I- 85/Buckhorn Road Economic Development District (EDD), nor to the Rural Residential, transition area south of Interstate 40/85 adjacent to the 1-85/Buckhorn Road EDD, nor to Rural Residential, transition area south of High Rock Road and Lebanon Road as defined in the Land Use Element of the Orange County Comprehensive Plan. ... /rr.hc r+/1-i-A/rl,PFlrn- 7 B. 1 C. e. Amend SECTION 6.23.9 CLUSTERING in the Orange County Zoning Ordinance and Section IV-13-10 FLEXIBLE DEVELOPMENT of the Orange County Subdivision Regulations, Extra Requirements For Watershed Protection Overlay Districts a. Amend the cluster options in the Cane Creek Watershed. rY SUBDIVISION REGULATION ADMENDMENTS Various amendments to the Orange County Subdivision Regulations. a. Amend SECTION III-B (1) CLASSIFICATION OF SUBDIVISIONS to change from twenty-four month period to a ten (10) year period to require that parent parcels resubdivided within a ten (10) year period would be guaged and reviewed for their cumulative effect in a major subdivision process. b. Amend SECTION III-D-1 Concept Plan Approval in all Zoning Districts Exept the Rural Buffer to revise the procedures for concept plan approval. c. Amend SECTION III-D Concept Plan Approval in the Rural Buffer Zoning District to revise the procedures for concept plan approval. d. Amend the SECTION II DEFINITIONS Subdivision (1) by changing the requirement that resultant lots shall: e) not increase the number of access points to a public street over the number currently existing and f) not shift access from a lower classified/volume street to a higher classified/volume street. e. Amend the Zoning Ordinance and Subdivision Regulations to create a new definition entitled Non-Vehicular Access (NAV) Easement. f. Amend Orange Private Road Standards to reduce the maximum number of lots allowed on a private road to 10 from 25, raise the standards for private roads and to require that a NC Professional Engineer approve the construction of the private, road in accordance with sound engineering practices. 1. Comprehensive Plan Amendments Amend SECTION 2.6 TRANSPORTATION to update COUNTY- SPECIFIC ROAD CLASSIFICATION SYSTEM section and to update the COLLECTOR/SUBCOLLECTOR ROAD SYSTEM section: • Promote consistency of functional classification of roads in Orange County's jurisdiction with classifications of roads in plans and ff. /1 arty 1 aA /PY.DTJ- 8 ordinances of the incorporated municipalities in Orange County and with NCDOT classifications; Clarify the functional classification of roads in Orange County; Identify spatial "superblocks" where collector roads will be needed with continued development; Delete previously proposed roads that are no longer planned. b. Amend SECTIONS 3.6 through 3.12 (TOWNSHIP PLANS) to reflect proposed changes to Section 2.6. 2. Orange County Zoning Ordinance Amendments a. Amend Article 4.2.10.7 Access for Community Commercial-II (CC-3) Districts to reflect proposed changes to section 2.6 County-Specific Road Classification System. Deletes the term "major" from the classification "major collector". b. Amend Article 4.2.11.3 Access for General Commericial-IV (GC-4) Districts to reflect proposed changes to section 2.6 County-Specific Road Classification System. Deletes the term "major" from the classification "major collector". c. Amend Article 13.3 (Traffic Impact Study) Applicability to require a traffic impact study for special use permits and site plans for developments expected to generate 800 trips per day on an arterial road or 350 trips per day on a collector road or minor local road. d. Amend Article 22 Definitions to reflect proposed changes to section 2.6 County-Specific Road Classification System. The intention of these amendments is to promote consistency of definitions in the Zoning Ordinance with those in the Comprehensive Plan and the Subdivision Regulations. 3. Orange County Subdivision Regulations Amendments a. Amend Section II Definitions to: 1) reflect proposed changes to section 2.6 County-Specific Road Classification System and 2).add a definition for a NON-VEHICULAR ACCESS (NVA) EASEMENT to prohibit driveway or vehicular access onto an arterial, collector or major local road in a development where access is provided via a minor local road, a private road or a shared driveway 3) add a definition for SUPERBLOCK that describes areas where future collectors are required with continued development. The intention of these amendments is to promote consistency of definitions in the Zoning Ordinance with those in the Comprehensive Plan and the Subdivision Regulations. b. Amend Section EV-13-3 Streets by adding provision IV-B-3-b-1 to require that a subdivision proposed in a strategic location in a superblock identified in Section 2.6 of the Land Use Element of the Orange County Comprehensive Plan, provides a through-road aligned n- /rnhari-/l anal AH/FhPHcnnv 9 Changes may be discussion at the Questions regarding located in the Plannir Office hours are from (Hillsborough), 688 (Mebane/Graham). member who will ans, PUBLISH: in a manner that provides for a viable collector road through the superblock. Amend Section IV-13-3-c-1 (Streets) Widths (Right-of-Way widths) to change street types to be consistent with proposed changes to the road functional classification. Amend Section IV-13-3-c-8 Access Restrictions to limit access from individual lots in new subdivisions to internal streets (minor local roads) and to require non-access easement to prohibit driveway or vehicular access along other roads adjacent to the subdivision. Amend Section IV-13-3-e-2 Applicability to require a traffic impact study for proposed subdivisions estimated to generate 800 trips per day on an arterial road or 350 trips per day on a collector road or major local road. e in the advertised proposals which reflect debate, objections and ng. he proposals may be directed to the Orange County Planning Department g and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-2031 'lease ask for extension 2575 or 2585. You will be directed to a staff rer your questions. )range Chapel Hill Herald 16, 2000 February 16, 2000 23, 2000 February 23, 2000 a:/rabart/1Raalad/FhPTHrr