HomeMy WebLinkAboutP-0145 - Public Input at Public Hearings 11-04-1985POLICY FOR INSERTION INTO THE POLICY MANUAL
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MEETING DATE: November 4L 1985 NUMBER: P:0145
EFFECTIVE DATE: November ~ 1985 REVISIONS:
POLICY:
PUBLIC INPUT AT PUBLIC HEARINGS
Public input on items that will be discussed at the public
hearings will be limited to those received at the public
hearings.
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provisions, The Orange Grove Fire station e~cpansian ooatd be remedied by such
an amesdmsnt.
bl~ean 9aith referred to the wording of the adverts about the
receipt of public eaoma~it, and Geoffrey Gledhill ixdicated that the only
~ that the Board may consider is that which is heard at a public
hear and that ac;y written testiirony ~Y not be considered iF there is an
.abject on.
It wOS decided that the paragraph which refers to the receipt oaf
written comaendts be deleted from the advertisement.
Board discussion on receipt of public coamexrt~ after the public
hearing resulted in a board policy on the subject.
~ '-` -- 05 Motion was made by C7oamissioner Marshall, seoorded by CasR+isosioner
' SCarey to appraro a Board policy r2iat public input on itene that go to public
hesrityg will be limited to those received at the public hearing.
V~.'E; iA~ldIIKO[16.
Motion was made by Camoissianer atarafwl>, saeo~tded by Commissioner
Carey to approve the eidvertisement of proposed ~Anitg ordir~anee and
subdivision regulations test amts as corrected.
WR'8: UI~Il4NIM0[S.
5,~ ~14i~t Mjj MAt1, [Y+t~I+(B ,LFBS~ RF~e
Postporad until the rrext meeting.
Planning Director Marvin Collins presented for considrxation the
P3,anned Special Use Permit application for Chandler's
Green. The application was presented at public hearing on June it and
Sq~tember 10, 1985. The applicant, Al.leriton Realty, has requested a P7.airied
Depe].apn~ent-dousing (PDT) and Res3,detttial 2 (A~-Z) rb~irg d~f9natfon for
80.2 acres out of a 99.44 acre tract located contiguous to the Town of (lapel
Hill's northeast corporate boundaries aid situated between Sunrise Road, I-40
acid Weaver . Dairy ~. The Planning Board eorisi,dered the request and
reca~Qaeided approve]. with the attaclsnant of 28 conditions. The (9~epe1 Hill
~m Council reoomnerrded approval subject to 22 corditione. The Planning Board
in c~r~sidering the request found that it comgiied with Article 8.2.2 og the
8onimg Ordinance in that it was in general eanpliar~ce with the general
stardasds, specific rules aid required regulations with the e~ocspti«, of the
pravisiar- of sight distance at points of access. the proivision of the 100~oat
open space perimeter requirement and the satisfaction of the floor
area ratio requirement. They also reoaataerded that the application be
approved because they could ffxd nn reason, based on the evidezyce presented at
the public hearing, that the use would not promote the public health, safety
and general welfare; that it would not mair-tain or e~nhanoe the value of
contiguous Property= and that it was not in eonQliance with the general plane
of the County. The conditions reoam~ended b+y the Plarmitg Board are similar
to those approved by the Chapel Hill. Tbwn Council.
(7vllins first reviewed the two changes and additions made by the
Ctyapel Hill Tboa~ t7auycil to the original list of conditions submitted by the
Chapel A;11 Planning staff. ae then cx;pQared the caonditions as outlined by
the Orange County Planning Board with those c~ditione recommaded by the
Chapel Hill Tom Qcuncil. Both lists are essentially the ease with the
fvllowi,ng e~oceptior~s:
(1) Orange Ootufty Platstirg aoard vadition #23 reoa~rde that i.n
lieu ~ a 100' buffer strip extending around the entire
perimeter o£ the property, that a 30' buffer be provided
along the frontage o+f Sunrise Road and a 50' buffer be
provided adjac~t to Weaver Dairy Road. Both buffers would
be Them of chapel Hill Type 'C'.
(2) Orange county Playing Board condition #16 does not require
that the proposed recreatia~nl facility ba relocs-ted fray
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O R A N G E C O U N T Y
80AR0 OF COMNI8SIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date !~Q EMBE$ 4. 19BS
Action ends
I ta^
SUBJECT: ADVERTISEMENT OF PROPOSED ZONING oRnlNa-xcE AND 8 BDiVISiON
REGULATIONS TEXT AMENDMENTS
DEPARTMENT: PLANNING PUBLIC NEARING Yes ,~ No
Attechnent(sI Inforeetion Gantact: SUSAN SNITN
LEGAL NOTICE
Telephone Numbers
Hillsborough - 782-8181
Qurhaa~ - 688-7881
Mebane - 227-2081
Ghspel Hill - 868-4801
PURPOSE: To review the legal advartisenente for aattera to be presented
to public hearing on Noveaber 25, 1985.
NEED: The Board of Coeoissioners has expressed a desire to review any
proposal for text a:nend~aents to the County Ordinencss ahd the
Legal notices advertising the saes prior to advartiseaant.
The Planning Board wilt review the proposed text awsndaente on
Noveobar 4, 1886. The Ordinanne Review Co~~ittee of the
Planning 8oerd has rscoeaended that the awendaenta relating to
roads be forwarded to public hearing.
Ths aaenda~ents relating to the Land Uas Intensity 8ysts• and
iwperviaus surfaoe requireMents were prepared iii response to
petitions received fro^ MDK end Calvin A. Mellott.
Tha Planning Staff proposes the following ordinance •a-endaents
for public hearing on Noveaber 28, 198lf.
LANG USE PLAN
Section 2.8 Tr$n8 or g~ion
Qrag,g,g County Qiohwav Clas,gifiostion
$.ilA~e.N.id -
-revisions to th• aleasificatian
systes to reflect the categorise
minor arterial and subcollector and
1884 traffic counts
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030
ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEXT
AMENDMENTS
NOVEMBER 4, 1985
PAGE 2
TONING ORDINANCE
- Article 4 Establish~Rpt of ~',a~rgitted
U~p Tgb la
revisions to epplicatian criteria
to clarify acoaas require^ents
- Article 22 Qefinitiions
- revisions to street definitions to
provide ^inor arterial. suboollactor.
access and general factors (street]
deflnitions and to modify existing
definitions to reflect traffic volume
and Land uaelaocasa requirements
- Article 4 Eat^blishsGDt of Q2^an~ijnn-
al Rnouira^anta - revisions to the
maximum floor area end open space
ratios for induetrisl zoning
districts to addrasa inconsistencies
in the provisions and to respond to
requests for amendment submitted 6y
members of the public
- Article 8 Spacial Usae
- provision of a Class A Special Use
t'ar^it for modification of impervious
surface requira^ents for property
subJact to the Protected Matershad-II
IPM--II] overlay zoning district
consistent with watershed ordinances
of other ,iuriadictions in the
Triangle J region.
IMPACT: Review of the propasad advertisement would insure that legal
notice of the pub tic hearing is in a form that can be
understood by persona not fa^ili sr with th• eubJact.
RECOMMENDATION: Accept as to form.
Schedule a public hearing on Lhess matters for November 25,
1985.
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031
NDTICE OF PUBLIC HEARIN6~ON PROP08ED AMENDMENTS
TQ THE ZONING ATLAS OF ORANGE COUNTY, N.C;
Pursuant to the requirements of the 6enaral Statutes of North Caroline,
Chapter 1S8A, Section 828 and Seetian 543, Article 20.6 end Article 20.8 of the
Orange County Zoning Ordinanoa, notfoa is hereby given that a public hearing
rill be held in the Superior Courtroom of the Orange County Courthouse, 106
Eeat Margaret Lane, Hillsborough, North Carolina on Nondey, November 2b, 1888
at 7:80 p.a. for the purpose of giving all interested oitizens an opportunity.
to speak for or against the adoption of proposed amendment to the Orange County
Zoning Ordinanoe end Zoning Atlas.
The amend~aants under consideration are as follawe:
1. LUP-4-8S VIC I~NI~117___g,~1~,TY FO ~g.Y CAgLE N RICHARpSON
The property in question is located on the east side of N.C. B8
approxiaataly 1.2 mites south of I-8S. It is knorn as Lot S on
Orange County Tex Map SO foc Hillsborough Tornahip. It contains
138,289.24 square feet or 8.129 sores. The present zoning of the
property i s Aeaidsnti s L-1 (R-1) .
The applicant is requesting that the property be redesignated in
the Land Use Plan from Rural Residential to Tan Year Transition
end Commercial-Industrial Transition Activity Node.
E. Z-12-88 ~I,LDMQQQ S~$~ION ~K
Th$ property in question is located rent of NC 86 and south of
the Bauthern Railroad and abuts ths~ west side of Nlildwood
Subdivision in Hillsborough 7ornahip. It is knorn ea Lots 4 and
26 on Orange County Ta_x Map #45 in Hillsborough ToKnehip. It
contains SBS,828 square feat or 28.80 Bores. The prassnt zoning
of the property is Residential-l tR--t).
7ha applicant is requesting a rezoning to RssidentiaL-4 tR-4).
8. Z-18-x86 P S $, $pOgYjbg Q 000 6 INC. ~~}lc~rv~ise known as Px~, =nc.)
The property in question is located on NC S4 •est of the Tawn of
Carrbor0-in 8inghaa Tornship. it is known es Lot EB on Orange
County Tax Nap PB in Bingham Township. It oontaina 197,762.4
square feet or 4.54 sares.~ The prassnt zoning of the property is
Agricultural-Residential tAA).
The applicant is requesting a' rezoning to Local Commercial tLC~
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4. z-1a-BS MES l.~~lL
The property in question is tacatsd at the southeast corner of
the intersection of U.S. ?0 and NC 751 in Ena Township. It it
known as iot 104 on Orange County Tax Mep #2S Pot Eno Townafiip.
It contains 24,828.2 square feet or 0.67 acres. The present
zoning of the property is Residential-1 (R 1].
The applicant ie requesting a rezoning to Community Commercial
III (CC-S].
5. PD-6-BS B~QTgW00D
The property in question is Located along Highway 70 Bypass and
St. Mary's Road (SR 1002] northeast of the Town of Hillsborough
in Hillsborough Township. it ie known as Block 8 Lots S and 4 on
Orange County Tax Map ~B and Block A Lot 17 on Orange County Tax
Nap _28 for Hillsborough Township. The planned development
request contains epproxiwately 14,574,800 square fast or 380
acres. The present zoning of the property ie Rssidentiel-1 [R-1].
The applicant is requesting that 290.03 acres be rezoned Planned
Oavelopment Residential-2 (PD-H-R2), 29.50 sates be rezoned
Planned Development Residential-5 (PD-H-RS) and 10.43 sates be
rezoned Plennad Development General Cos-meraiel-4 (PD-8C4) and the
issuance 1f a Class A Special Use Permit for 428 single family
units. 815 multi-family units end 68,930 square feet of
commercial space.
8. ~ PD-6-85 flRADSHAIf ~Q$I~ ACRES
Ths property in question is located on the west slde of Mhita
Cross Road (SR 1851) in Binghaa~ Township. It is known ss part of
Lot 27A on Orange County Tax Map #88. Ths planned d@velopdent
request contains 8,678,2D6.4 square feet or 84.44 acres. TAe
present zoning of the property ie Agricultural Reaidantial IA-R).
The applicant is requesting a rezoning to s Planned Develop ant
Housing.- Agricultural - Residential (PD-H-AR] district and the
issuance pf a Class A '8pscia~l Us• Permit for a 73 unit expansion
of an existing •obile home perk.
7. PD-7-85 THE TIMBE~,~ - PHA8ES y ADS VI
The property in question is located on the
Orange Grove Roed [SR 1006) end abuts
Hillsborough Township. It is known as Lot L
Map #88A in Hillsborough Township. The
request contains approximately 574,120.8
acres. Tha present zoning of the property i~
northwest side o}
i-86 and I-40 in
on Orange County Tax
planned .days lopAant
square feet or 18.18
e Residential-L.
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The applicant is requesting a rezoning to s Planned Development
Housing - Residential 8 tPD-H--R-B1 district and the issuance of a
Class A Special Use Permit for the development of an 82-unit
mohila home park.
8. LAtiD_ UBE PLAN AMENDME
Amend Section 2.8 ORANGE COUNTY TRANSPDRTATION HI 6H MAY
CLASSIFICATION SYSTEM to revise the street alassifioatian system.
The aaendsents establish a system of street classlfiostion
providing for intarstata, arterial, minor arterial, collector,
sub-collector classes ehich reflect 1884 NCDOT traffic coanta.
9. TONING ORD~j~ANCE EX~ A~iFNDM~NTS
e. Amend Article 4 ESTABLISHMENT Of PERMITTED U8E TABLE
Seotions 4,2.3.b3, 4.2.4.b3, 4.2.B.b5, 4.2.8.bb, 4.2.10.b7,
4.2.i1.b8, 4.2.76.b6, 4.8.21 .b 8, d.2.22.b3 and 4.8.2S.b9 of
the applicaticn criteria Pot specific soning districts.
The amendment refines the sacsss requirements related to
street classification end reflects the construction of
streets proposed during th• development pracees.
b. Amend Article 22 DEFINITIONS to refines the attest
definitions of arterial collector, local and minor streets
and to add to the definitions of aoaees, orinor arterial
subooltector and general factors tstraeta).
The street definition amendments address gaps in the current
olasaifiaation system, provide for the claaaiFiaeticn of
street by traffic volume and establish service levels end
socese regairements by land use.
o. Arend Artiols 5 ESTABLISHMENT Of DIMENSIONAL REQUIREMENTS,
Section 5.1.2-Soheduls for Non-Residential Development to
revise the float arse and open speae.ratios for industrisi
soning distriota.
Inaonaistencies in the Land use Intensity ILUI) ayateo
related to industrial uses hev• b esn identified and requests
For aMOndaant ~reoaivad from the public.
d. Aaend Art.i c Le 5 SPECIAL USER to pro vide for the i ssuance of
a Class A Special Uae PerMit is sccotaodata requests for
aadffiaation of the impervious surface requireaenta far
property eubJeat to the ,Protested Watershed II tPM-III
overlay zoning distriot.
This amendment is aonsietent •ith provisions of rstershed
ordinanoes in other Jurisdictions on the Triangle region.
All interested citiaena,are invited to attend this hearing end be heard.
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Public comment on any item must be received Burin t u
g he p bli.c hearing.
Those wishing to oppose a request must provide competent aaterial and
substantiat evidence es to the spacifio eannar in which the propased use does
not satisfy the ordinance. [For requests requiring the i6suance of special use
permit Iitams #5,B and 7~ only sworn testimony and evidence will be taken as
required in a quasi-judicial proceeding. The testimony of experts on impacts
on public haslthlsafety~ and property values may be neceassryl Follgwing the
close of the public hearing, only evidence presented at public hearing will be
examined by the Planning Board and Board of County Commissioners for decision
on the request. _
Citizens unable to attend the hearing may express their viswa by writing
to the Drange County Planning Department, 106 East Margaret Lsne, Hillsborough,
North Carolina 27278. For your concerns to be fully considered, they must be
reosived by the Planning Department prior to the pub tic hearing.
Changes may bs made in the advertised proposals which reflect debate,
objvctione and discussions at the hearing.
Questions regarding the proposals should ba directed to the Orange County
Planning Department. Copies of the proposed full amendments are available in
the Planning Department far public review. The Planning Department is located
in the New Courthouse, 7D6 East Margaret Lane, Hillsborough. Office hours are
from 8:00 a.m. to S;OD p.m ., Monday through Friday.
MARVIN COLLINB, PLANNING DIRECTOR
PUBLISH; November 18~, 1988
November 20, 1985