HomeMy WebLinkAboutAgenda -11-06-2008 - 6dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 6, 2008
Action Agenc~a~
Item No. ~~
SUBJECT: Legal Advertisement for Quarterly Public Hearing -November 24, 2008
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Legal Advertisement
2. Map for 4115 Old NC 10
3. Map and Site Sketches for the
Intersection of NC 54 and White Cross
Road
4. Map for Old NC Highway 86
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245- 2592
Perdita Holtz, Planning Systems
Coordinator, 245-2611
PURPOSE: To consider the legal advertisement for items to be presented at the Board of
County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 24,
2008.
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 24, 2008 Quarterly Public Hearing.
A. PUBLIC HEARING ITEMS
Eno EDD (Economic Development District) Area Small Area Plan -Revise definition of
"Eno Mixed Use" proposed land use category.
On June 24, 2008 the Orange County Board of County Commissioners adopted the Eno
EDD Area Small Area Plan. At the time of adoption, the BOCC requested that staff
evaluate the proposed new Eno Mixed Use land use designation and determine the
appropriate limits on residential development within this new land use category rather
than having a note that states a percentage or acreage limit should be determined at a
later date. Staff was directed to bring a recommendation back to the November 2008
Quarterly Public Hearing.
The Future Land Use category definition within the adopted Small Area Plan reads:
Eno Mixed Use. Land located in areas served or to be served by public water and sewer
where a mix of residential, commercial, office, services, and light industrial uses are
appropriate. Residential uses within Mixed Use areas should be have a minimum
density of six (6) units per acre. Examples of housing at this density include attached
homes, patio homes, and apartments. Note: prior to adoption of implementation
2
measures, a percentage or acreage limit on residential uses within the Mixed Use area
should be determined. It is the intent to limit the amount of residential uses in the Mixed
Use area to encourage the development of non-residential uses.
The Eno EDD Small Area Plan task force met on September 29, 2008 to consider this
issue. The task force recommends that the following definition be adopted into the Eno
EDD Area Small Area Plan to replace the existing definition:
Eno Mixed Use. Land located in areas served or to be served by public water and sewer
where a mix of residential, commercial, office, services, and light industrial uses are
appropriate on a district-wide basis. Individual parcels may contain a single use or more
than one use. New residential uses within the Mixed Use area shall have a minimum
density of six (6) units per acre. Examples of housing at this density include attached
homes, patio homes, and apartments. In order to encourage non-residential uses, no
more than 25% of the acreage within the district shall be comprised of residential uses
on single-use parcels. However, residential units constructed above non-residential uses
shall not count toward the residential acreage limit.
2. REZONING of a parcel of property at 4115 Old NC 10 (TMBL 5.26..40 /PIN 9893-00-8606)
from Existing Commercial Five (EC-5) to Rural Residential One (R-1)
INITIATED BY: Staff
BACKGROUND: The subject property is approximately two point eight (2.8) acres in area.
The property is zoned EC-5 with no corresponding non-residential land use on the property.
The property owner has informed staff that they were unaware that the property was zoned
EC-5 and do not want the commercial zoning designation. The map comprising Attachment
2 shows the location of this property.
ISSUE: The property owner has informed staff that they do not want the property zoned EC-
5.
PROPOSAL: Staff is proposing to rezone the parcel from EC-5 to R-1. Staff initiated this
process to address a zoning map error.
3. REZONING of property at the intersection of NC 54 and White Cross Road (TMBL 6.30..7M /
PIN 9749-40-0293) from Agricultural Residential (AR) to Neighborhood Commercial Two
(NC-2).
INITIATED BY: The property owner, Mr. Vernon Davis, has initiated this request.
BACKGROUND: Mr. Davis owns two (2) contiguous parcels at the intersection of White
Cross Road and NC Highway 54 (please see attached maps). One (1) parcel is an eight
thousand four hundred (8,400) square foot parcel of property that is zoned Neighborhood
Commercial Two (NC-2) and the other is a four point seven (4.7) acre parcel of property
zoned Agricultural Residential (AR).
Mr. Davis is seeking to recombine portions of these two (2) lots and create a one point six
(1.6) acre parcel of property that he is requesting be zoned NC-2.
ISSUE: The septic system for the commercial operation is located on the adjacent
residentially zoned property. Mr. Davis is .concerned over his continued ability to have a
septic system for his commercial operation on the residentially zoned parcel. In 1995, the
property owner sought to rezone the four paint seven (4.7) acre residentially zoned parcel to
Agricultural Services (AS). The request was denied. According to the applicant one (1) of
the rationales for this decision was the location of the septic system for the commercially
zoned property on the subject lot.
PROPOSAL: The applicant would like to rezone a portion of the four point seven (4.7) acre
parcel of property and then create a new lot, zoned NC-2, approximately one point six (1.6)
acres in size to accommodate the commercial building and the required septic system/repair
area. See the map and site sketches in Attachment 3 for the location of this request.
4. REZONING of several properties along Old NC Highway 86 from Economic Development -
Limited Office One (ED-LO-1) to Economic Development Linear Officer (ED-LNR):
INITIATED BY: Staff
BACKGROUND: During this past summer, staff began to take a comprehensive look at
existing development regulations concerning the Hillsborough Economic Development
District. Specifically, staff began to re-evaluate the zoning of several properties on the west
side of Old NC 86 (please refer to the map in Attachment 4 for further detail).
The properties in question are zoned Economic Development -Limited Office One (ED-LO-
1) According to the Hillsborough Area Economic Development District Design Manual
(hereafter `Design Manual'), the purpose of the ED-LO-1 district is to: ' ... accommodate low
intensity ofFce uses and supporting services.'
ISSUE: When the Hillsborough EDD was modified in early 2003 the goal was to encourage
the adaptive reuse of existing residential structures to preserve the existing local aesthetic.
In July of 2008 Staff determined that the original recommendation for the zoning of several
properties was Economic Development Linear Officer (ED-LNR) and not ED-LO-1. This
designation would have afforded greater flexibility with respect to encouraging the adaptive
reuse of single-family residential structures to support non-residential developments.
This point is further supported by language contained within Section 1.0 General Overview of
the Hillsborough EDD portion of the Economic Development Districts Design Manual.
According to this section, the Future Lane Use designation for property west of Old NC 86
and south of the credit. union was supposed to be a mixture of ED-LNR and Office/Flex
(EDD-FLX).
PROPOSAL: Staff is proposing to rezone several small properties west of Old NC 86 from
ED-LO-1 to ED-LNR in an attempt to encourage the adaptive reuse of existing single-family
residential structures. The properties proposed for rezoning are designated with a black dot
on the map in Attachment 4.
5. ZONING ORDINANCE AMENDMENTS: Review of Zoning Ordinance Amendments,
specifically to the Economic Development Design Manual, to revise existing buffer
regulations.
INITIATED BY: Staff
BACKGROUND: The buffer regulations require specific `buffer widths' for developments
within the district. For example a professional office being developed next to a residential
land use, on a parcel of property twenty thousand (20,000) square feet in size, has to
maintain a buffer along this common property line of fifty (50) feet.
ISSUE: The existing buffer regulations within the Design Manual do not allow sufficient
flexibility to promote the conversion, and adaptive reuse, of residential structures into non-
residential land uses (i.e. offices).
PROPOSAL: Staff is proposing to develop a sliding scale buffer requirement to allow for
some flexibility with the establishment and maintenance of required buffer yards in an
attempt to promote the adaptive reuse of residential structures within the various EDD zoning
districts. This buffer model would be based on the same standard utilized for the Efland
Cheeks Highway 70 Corridor Overlay District (ECOD).
B. NON-PUBLIC HEARING ITEMS
Staff proposes to give apresentation/update at the November 2008 Quarterly Public
Hearing regarding potential upcoming items. These items include the following:
1. a) 1. Conditional Use District
This would be a new zoning system that is allowed by state law but not present
in the Orange County Zoning Code. This system needs to be implemented
before the BOCC can effectively implement a variety of creative planning
projects.
2. Agricultural Support Enterprises
This project has been awaiting the item above, as well as, specific
performance standards and permitted use table. The course of action will be
presented with a timetable.
b) Upper Eno Conservation District -land use
During the discussion of the Lands Legacy Program on October 14, the Upper
Eno Conservation District concept was broached. A written explanation of how
this concept would be made consistent with the land use plan and zoning
regulations will be discussed briefly.
Additionally, staff intends to include written updates on the following topics in the agenda
packet:
2. a) Clarification of Zoning Ordinance Notification Requirements for
Comprehensive Plan Amendments
Our present zoning code as it relates to zoning amendment notification, does not
offer all of the options permitted by general statute. Our Comprehensive Plan
amendment process makes an indirect reference to this zoning procedure and it
could have a more clear and independent notification process.
b) Green Building Codes and Sustainable Landscaping
Orange County staff has been working with amulti-disciplinary group (builders,
architects, etc.) on a long-range program to implement these standards. Recent
changes in state regulations, as well as, the stage of the program will be written.
c) Strategic Growth and Rural Conservation (SGRC)
This program, similar in intent to a Transfer of Development Right (TDR) program,
has been on hold awaiting the Comprehensive Plan update. An update and next
steps will be written.
d) Assessment of Regulatory Issues: Drive-thrus, Rural Traffic Impacts, Rural
Lighting Impacts
Drive-thrus -This topic arose during the discussion of Buckhorn Village. What
actions are necessary to re-address the existing regulations will be written.
Rural Traffic Impacts -Based on the recent application of the Farm Montessori
School, the BOCC asked for some ideas on how to address possible varying
impacts based on urban vs. rural location.
Rural Lighting Impacts -This topic arises from the recent concerns of sports
lighting and hours of operation in rural areas that related to a church in northern
Orange County. A written briefing will be provided.
e) Small Area Plan-related amendments
Existing adopted Small Area Plans (Efland-Mebane, Hwy 57, Eno EDD) have
been awaiting the completion of the Comprehensive Plan update. A written
summary of future activities will be given.
f) Special Use Permit construction commencement timeframe
Presently, Special Use Permits have aone-year time period in which to start
construction. This may be realistic for asmall-scale single use project but larger,
multi-phase projects may take longer than a year for infrastructure approvals.
Unique economic conditions could also be a consideration.
FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2008-09
Budget, there are no direct financial impacts associated with the approval of this item.
RECOMMENDATION(S): The Administration recommends the Board approve the proposed
November 24, 2008 Quarterly Public Hearing legal advertisement to include Section A.
Attachment 1 6
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint 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 24, 2008, at 7:30 PM for the purpose of giving all interested citizens
an opportunity to speak for or against the following items:
A. PUBLIC HEARING ITEMS
1. Eno EDD (Economic Development District) Area Small Area Plan -Revise
definition of "Eno Mixed Use" proposed land use category.
On June 24, 2008 the Orange County Board of County Commissioners adopted
the Eno EDD Area Small Area Plan. At the time of adoption, the BOCC
requested that staff evaluate the proposed new Eno Mixed Use land use
designation and determine the appropriate limits on residential development
within this new land use category rather than having a note that states a
percentage or acreage limit should be determined at a later date. Staff was
directed to bring a recommendation back to the November 2008 Quarterly Public
Hearing.
The Future Land Use category definition within the adopted Small Area Plan
reads:
Eno Mixed Use. Land located in areas served or to be served by public water
and sewer where a mix of residential, commercial, office, services, and light
industrial uses are appropriate. Residential uses within Mixed Use areas should
be have a minimum density of six (6) units per acre. Examples of housing at this
density include attached homes, patio homes, and apartments. Note: prior to
adoption of implementation measures, a percentage or acreage limit on
residential uses within the Mixed Use area should be determined. It is the intent
to limit the amount of residential uses in the Mixed Use area to encourage the
development of non-residential uses.
The Eno EDD Small Area Plan task force met on September 29, 2008 to
consider this issue. The task force recommends that the following definition be
adopted into the Eno EDD Area Small Area Plan to replace the existing
definition:
Eno Mixed Use. Land located in areas served or to be served by public water
and sewer where a mix of residential, commercial, office, services, and light
industrial uses are appropriate on a district-wide basis. Individual parcels may
contain a single use or more than one use. New residential uses within the
Mixed Use area shall have a minimum density of six (6) units per acre.
Examples of housing at this density include attached homes, patio homes, and
apartments. In order to encourage non-residential uses, no more than 25% of
the acreage within the district shall be comprised of residential uses on single-
Attachment 1 ~
use parcels. However, residential units constructed above non-residential uses
shall not count toward the residential acreage limit.
Pur ose: To receive citizen comment on the proposed revision
2. REZONING of a parcel of property at 4115 Old NC 10 (TMBL 5.26..40 /PIN 9893-
00-8606) from Existing Commercial Five (EC-5) to Rural Residential One (R-1)
The subject property is approximately two point eight (2.8) acres in area. The
property is zoned EC-5 with no corresponding non-residential land use on the
property. The property owner has informed staff that they were unaware that the
property was zoned EC-5 and do not want the commercial zoning designation.
Purpose: To receive citizen comment on the rezoning request to eliminate an
existing EC-5 zoning designation. This is part of an on-going effort to identify
improperly zoned property within the County and correct the official Zoning Atlas.
3. REZONING of a parcel of property at the intersection of NC 54 and White Cross
Road (TMBL 6.30..7M /PIN 9749-40-0293) from Agricultural Residential (AR) to
Neighborhood Commercial Two (NC-2).
The property owner, Mr. Vernon Davis, has initiated this request. Mr. Davis owns
two (2) contiguous parcels of property at the intersection of White Cross Road and
NC Highway 54. One (1) parcel is an eight thousand four hundred (8,400) square
foot parcel of property that is zoned Neighborhood Commercial Two (NC-2) and the
other is a four point seven (4.7) acre parcel of property zoned Agricultural Residential
(AR).
Mr. Davis is seeking to recombine portions of these two (2) lots and create a one
point six (1.6) acre parcel of property zoned NC-2. Mr. Davis is seeking the approval
of this rezoning request to allow for the parking and septic system supporting an
existing commercial operation to be located on the same property.
Purpose: To receive citizen comment on the rezoning request to zone approximately
one point six (1.6) acres to NC-2.
4. REZONING of several properties along Old NC Highway 86 from Economic
Development -Limited Office One (ED-LO-1) to Economic Development Linear
Officer (ED-LNR):
This is a staff initiated rezoning request. In addressing development issues along the
NC 86 corridor, staff determined that the ED-LO-1 Zoning designation was not
originally recommended for the area. The current zoning designation does not lend
itself to allowing for adaptive reuse of existing structures for non-residential purposes.
Staff is proposing to rezone these properties to ED-LNR, the zoning district originally
conceived for the area, to address these various issues.
Purpose: To receive citizen comment on the proposed rezoning of the properties
along the western side of Old NC Highway 86 from ED-LO-1 to ED-LNR.
Attachment 1
5. ZONING ORDINANCE AMENDMENTS: review of Zoning Ordinance Amendments,
specifically to the Economic Development Design Manual, to revise existing buffer
regulations.
The existing buffer regulations within the Design Manual do not allow sufficient
flexibility to promote the conversion, and adaptive reuse, of residential structures into
non-residential land uses (i.e. offices). Staff is proposing to develop a sliding scale
buffer requirement to allow for some flexibility with the establishment and
maintenance of required buffer yards in an attempt to promote the adaptive reuse of
residential structures within the various EDD zoning districts.
Purpose: To receive citizen comment on the proposed amendment to revise existing
buffer regulations within the Hillsborough Economic Development District.
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 17, 2008 from the Planning Department. Also, the text may be
obtained at the County website www.co.orange.nc.us at the Meeting Agendas link prior
to the meeting.
Questions regarding the proposals may be
Department located in the Planning and
Hillsborough, North Carolina. Office hours
through Friday. You may also call 245-2575
staff member who will answer your questions.
directed to the Orange County Planning
Agricultural Center, 306E Revere Road,
are from 8:00 a.m. to 5:00 p.m. Monday
or 245-2585 and you will be directed to a
PUBLISH:
News of Orange Chapel Hill Herald
November 12, 2008 November 12, 2008
November 19, 2008 November 19, 2008
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