HomeMy WebLinkAboutAgenda - 06-01-1999 - 9dORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS ACTION
AGENDA ITEM ABSTRACT
Meeting Date: June 1. 1999
Action Agenda
Item
SUBJECT: LAWRENCE PARK Z -3 -98 REZONING
ACTION BY: N/A
DEPARTMENT: Planning and Inspections PUBLIC HEARING: Yes _x—No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
1) Resolution of Denial Extension 2582
2) Resolution of Approval
3) Findings of Fact TELEPHONE NUMBERS:
4) Application* Hillsborough -732-8181
5) Vicinity Map* Durham -688-7331
6) 11 -23 -98 Public Hearing Minutes Mebane -227-2031
7) 4 -7 -99 Planning Board Minutes (Draft) Chapel Hill -967-9251
* Included with abstract for
Lawrence Park Planned Development
PURPOSE: To consider a rezoning application for the Lawrence Park Subdivision.
BACKGROUND: Request
East West Partners Management Company, agent for Meadowmont Farms, LLC,
requests a Zoning Atlas amendment to rezone 3.275 acres from Rural Residential
(R -1) to Residential -2 (R -2).
This application was submitted in conjunction with a related application for a
planned development for 237 residential lots on 83 acres adjacent to the subject
property
Location
The property is located in Eno Township on the south side of US Highway 70A.
Existing and Proposed Conditions
Existing:
• Comprehensive Plan designation: twenty year transition;
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Existing: (cont.)
• Current zoning: Rural Residential (R -1)
• Property is not located in a protected watershed.
• Adjacent land uses are residential,
• Adjacent zoning is R -1.
Proposed:
• R -2 district is a low intensity residential district. This district will usually be
applied where the following conditions exist:
1. Designated by the adopted Comprehensive Plan as a Transition Area, which
can reasonably be expected to be annexed by a municipality in the ensuing 10-
20 years;
2. Water and sewer lines should exist at site or be assured of installation as part
of the development process;
3. Vehicular access must consists of direct access to a street classified as either
arterial or collector as designated by the adopted Comprehensive Plan.
Development Process. Schedule. and Action
Public Hearing: A joint public hearing on the rezoning request was held by the
Board of Commissioners and Planning Board on November 23, 1998. The Orange
County Planning Staff presented the request and there were no comments from
citizens at the meeting. Minutes from this meeting are attached.
Planning Board: voted to recommend approval of the Zoning Atlas amendment
from R -1 to R -2 on April 7,1999, (unanimous vote).
RECOMMENDATION: Administration recommendation:
• Deny the Zoning Atlas Amendment to rezone 3.275 acres from R -1 to R -2
based on the following:
i There is no evidence that the property is expected to be annexed by
the Town of Hillsborough.
i Water and sewer lines do not exist at site and installation of water and
sewer is not assured as part of the development process.
THE RESOLUTION OF DENIAL IS ON PAGE 3.
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3
RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO DENY
ZONING ATLAS AMENDMENT
Date June 1, 1999
Owner /Applicant Meadowmont Farms, LLC
The Board of County Commissioners hereby denies approval of an application
submitted by Meadowmont Farms, LLC, to amend the Orange County Zoning
Atlas by rezoning an 3.275 acre parcel, identified in the Orange County Land
Records Office as Parcel Identification Number 9884 -10 -5195 and part of Parcel
Identification Number 9883 -19 -4355, from the Rural Residential (R -1) district to
the Low Intensity Residential (R -2) district. There is no indication that the Town
of Hillsborough expects to annex the subject property. Public sewer lines do not
currently exist at the site and the 20,000 square foot lot sizes allowed in the R -2
district are not of sufficient size to accommodate septic systems with repair areas
needed for residential uses in the R -2 district.
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4
RESOLUTION
OF THE
ORANGE COUNTY COMMISSIONERS
TO APPROVE A
ZONING ATLAS AMENDMENT
Date June 1, 1999
Owner /Applicant Meadowmont Farms, LLC
The Board of County Commissioners hereby approves an application submitted
by Meadowmont Farms, LLC, to amend the Orange County Zoning Atlas by
rezoning an 3.275 acre parcel, identified in the Orange County Land Records
Office as Parcel Identification Number 9884 -10 -5195 and part of Parcel
Identification Number 9883 -19 -4355, from the Rural Residential (R -1) district to
the Low Intensity Residential (R -2) district. The subject property meets the
following conditions for application of the R -2 district: the areas is designated by
the adopted Comprehensive Plan as a Transition Area; public water and sewer
lines are nearby and can be extended to serve the property; and, the property
has access to US 70 A and Lawrence Road which are classified as minor arterial
roads.
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i ,
PLANNING BOARD FINDINGS OF FACT
PERTAINING TO
APPLICATION: Z -3 -98 LAWRENCE PARK
BASED ON APPLICATION MATERIALS SUBMITTED BY MEADOWMONT FARMS, LLC, THE PLANNING BOARD FINDS THAT
THERE IS EVIDENCE TO SUPPORT THE FOLLOWING:
ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION /REZONING ( "Yes" indicates compliance: "No" indicates non-
compliance)
PLANNING BOARD OF COUNTY
BOARD EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Reauirements
The application must comply
with all requirements
specified in Article 20 -
Amendments. Those
requirements include:
20.3.2 a) Map showing affected
property at scale of not less than
1' = 100' nor more than 1" = 20'
20.3.2 b) Legal description of
property
20.3.2 c) Explanation of alleged
error, if any, to be corrected by
proposed amendment
20.3.2 d) Changed conditions, if
any, which make amendment
reasonably necessary to promote
public health, safety and general
welfare
20.3.2 e) Manner in which
proposed amendment will carry
out purpose and intent of
adopted Comprehensive Plan
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_x—Yes No Site plan provided at a scale Yes No
of 1 " = 100'.
_x—Yes
No
The legal description was
Yes
No
provided with the application.
_N /A_Yes
No
N/A - No error alleged.
Yes
No
_N /A_Yes
No
N/A - No change is suggested.
Yes
No
_x—Yes
No
The site is located in an area
Yes
No
designated as 20 year transition
in the adopted Comprehensive
Plan which allows for higher
density residential with the
extension of water and sewer.
5
ARTICLE 4 - DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA ( "Yes" indicates compliance; "No" indicates
non - compliance)
Ordinance Requirements
Article 4.2 identifies the criteria
which will normally be used to
determine the application of a
zoning district designation. The
applicant has applied for a
R -2 Low Intensity Residential
designation. The criteria for the
R -2 district are set forth in
Article 4.2.4 and are as follows:
(a) Intent
The purpose of the low and medium
Intensity Residential (R -2, R -3, R -4)
Districts is to provide locations for
low and moderate intensity residential
development and supporting recreational,
community service and educational uses
in areas where urban services are
available or are to be provided as part
of the development process.
(b) Application Criteria
This district will usually be applied where
the following conditions exist:
1) Designated by the adopted
Comprehensive Plan as a
Transition Area, which can
reasonably be expected to be
annexed by a municipality in
the ensuing 10 -20 years.
2. Water and sewer lines should
exist at the site or be assured
of installation as part of the
development process.
3. Vehicular access must consist of
direct access to a street classified
as either arterial or collector as
designated by the adopted
Comprehensive Plan.
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PLANNING BOARD OF COUNTY
BOARD EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
—x—Yes No The property is designated Yes No
as 20 year transition area in the
Land Use Element of the Orange
County Comprehensive Plan.
_x_Yes No Water lines exist at the site. Yes No
Sewer lines are proposed to be
extended to the site from the
Meadowlands development.
—x—Yes No US 70A and Lawrence Road Yes No
are designated as collectors
in the Comprehensive
Plan.
6
APPROVED 2/16/99
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
JOINT PUBLIC HEARING
NOVEMBER 23, 1998
MINUTES
0011
The Orange County Board of Commissioners and the Orange County Planning Board met in
joint session on Monday, November 23, 1998 at 7:30 p.m. in the F. Gordon Battle Courtroom, new
County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina for the purpose of holding
a joint Public Hearing.
COUNTY COMMISSIONERS PRESENT: Chair Margaret Brown, and Commissioners Alice
Gordon, Moses Carey, Jr., and Steven Halkiotis.
COUNTY COMMISSIONER ABSENT: Commissioner William L. Crowther.
ORANGE COUNTY PLANNING BOARD MEMBERS PRESENT: Chair Karen Barrows, and
members Nell Andrews, Barry Katz, Howard McAdams, Jr., James Selkirk, Robert Strayhorn, and
Elizabeth Walters.
ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: S.A.M. Brooks, Libby
Searles, and Runyon Woods
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John Link, Jr., and Deputy Clerk to the Board Kathy
Baker. All other staff will be identified as necessary.
A. OPENING REMARKS FROM THE CHAIR
Chair Brown requested that an item be added to the Agenda regarding Carrboro's intent to
repeal the junk car provision in their Ordinance. If this provision is repealed it would become the
responsibility of Orange County to enforce the County's provision regarding junk automobiles.
A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis, to add
this item to the agenda.
VOTE: UNANIMOUS
Chair Brown indicated that she would Chair Items C.1 and C.2.b and that Karen Barrows,
Chair of the Planning Board, would Chair the remainder of the items.
B. PUBLIC CHARGE
The Chair dispensed with the reading of the Public Charge
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outdoor storage of semi - trailers, and parking for semi - tractors are situated on these parcels. An error
in zoning was discovered when the company applied for a building permit to add a 60' X 100' fleet
maintenance shop to the complex. The firm was unable to build the new facility because the property
is zoned AR. This is a part of a larger agricultural tract of approximately 184 acres. The original
zoning mistake occurred as a result of oversight or perhaps when it was transferred to the permanent
map. This business is located in the Back Creek Watershed. The impervious surface now existing,
including the new proposal, is 67 %; the allowed amount is 80 %.
QUESTIONS AND /OR COMMENTS FROM THE BOARD OF COUNTY COMMISSIONERS: None
QUESTIONS AND /OR COMMENTS FROM THE ORANGE COUNTY PLANNING BOARD: None
QUESTIONS AND /OR COMMENTS FROM CITIZENS: None
A motion was made by Commissioner Carey, seconded by Commissioner Gordon, to refer the
proposed Zoning Atlas amendment to the Planning Board for a recommendation to be returned no
sooner than February 2, 1999.
VOTE: UNANIMOUS
b) Z -3 -98 Lawrence Park Subdivision
This item was presented by Eddie Kirk for the purpose of receiving citizen comment on a Planned
Development, Class A Special Use Permit and rezoning application for the Lawrence Park
Subdivision. The property is located in Eno Township on the east side of Lawrence Road (SR 1709)
between Interstate 85 and US Highway 70A. The current zoning is Rural Residential (R -1) with a
portion in the major Transportation Corridor. Adjacent land uses are residential, including Colonial
Park zoned (R -4) and Colonial Hills zoned (R -2) subdivisions. The adjacent zoning to the north and
east is R -1; Lawrence Road Baptist Church is located across Lawrence Road. The Rock House, a site
listed on the National Register of Historic Places, is at the southwest corner of US 70A and Lawrence
Road. This proposal involves rezoning an area from R1 to R2 along the new entrance road off US
70A. This involves 3.275 acres with 7 residential lots proposed. Four lots are proposed on the east
side and three on the west side of the entrance road.
QUESTIONS AND /OR COMMENTS FROM THE BOARD OF COUNTY COMMISSIONERS:
Chair Brown ask Mr. Kirk to explain the rationale for why these lots were created in this way. Mr.
Kirk indicated that the zoning on US 70A is R -1 and therefore they put the larger lots closer to the R -1
zone near the entrance to the planned development.
QUESTIONS AND /OR COMMENTS FROM THE ORANGE COUNTY PLANNING BOARD
None.
QUESTIONS AND /OR COMMENTS FROM CITIZENS:
None.
A motion was made by Chair Brown, seconded by Commissioner Halkiotis, to refer the application
to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner
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",
than February 2, 1999.
VOTE: UNANIMOUS
c) PD -3 -98 Lawrence Park Planned Development
Chair Brown asked all citizens and staff who wish to speak on this item to come forward to be
sworn in by Deputy Clerk Kathy Baker. The following citizens and staff were sworn in by the Deputy
Clerk to the Board of Commissioners: Jim Singleton, Jim Ray, Scott Ray, Bob Bateman, Bill
Hendrickson, James Klemk, Lawrence Bohs, Larry Meisner, George Krichbaum, Scaco Murray, Tom
Heffner, Paul Thames, Slade McCalip and Eddie Kirk.
This item was presented by Planner Eddie Kirk for the purpose of receiving citizen comment on a
Planned Development, Class A Special Use Permit and rezoning application for the Lawrence Park
Subdivision. The property is located in Eno Township on the east side of Lawrence Road (SR 1709)
between Interstate 85 and US Highway 70A. The current zoning is Rural Residential (R -1) with a
portion in the major Transportation Corridor. Adjacent land uses are residential, including Colonial
Park (zoned R -4) and Colonial Hills (zoned R -2) subdivisions. The adjacent zoning to the north and
east is R -1; Lawrence Road Baptist Church is located across Lawrence Road. The total acreage of
this proposed Planned Development is 83.25 acres. There are 237 lots proposed. There are three
areas recommended to be reserved for recreation areas in the parcel with a total of 31 % open space
including 7.07 acres of improved recreation area. The Rock House, a site listed on the National
Register of Historic Places, is at the southwest corner of US 70A and Lawrence Road. The total
acreage to be subdivided is 87.27 acres. It is not located in a protected watershed and is designated
twenty -year transition in the Comprehensive Plan. Currently the western half of the property is
cultivated as a hay field. The eastern half and the southern boundary are wooded with a mixture of
mature pines and hardwoods. During Concept Plan approval, the staff recommended an additional
access. The developer has proposed an additional access from the south to Lori Drive. Mr. Kirk
mentioned that the Planning Staff recommends that the Board of County Commissioners close the
Public Hearing and refer the application to the Planning Board to return a recommendation to the
Board of County Commissioners no earlier than February 2, 1999 or that this Board adjourn the Public
Hearing to a date and time certain if there is need to hear additional evidence.
QUESTIONS AND /OR COMMENTS FROM THE BOARD OF COUNTY COMMISSIONERS:
Commissioner Gordon asked why the procedure Mr. Kirk outlined was being used. Mr. Kirk
indicated that it is a requirement of the Planned Development regulations.
Planning Board Chair Barrows asked about a letter from the developer to Ms. Cameron regarding
the connection to Lori Drive. Mr. Kirk stated that one of the conditions would be that Lori Drive be
improved all the way to Lannie Drive. There is a statement in the packet from NC DOT indicating that
they would accept that provided it is constructed to Lannie Drive.
Chair Brown asked for clarification on the drainage issue for the entire site.
County Engineer Thames addressed this issue. He indicated that the site is categorized primarily
by two ridge areas on the east and west side. Drainage areas run from the west to the east, to about
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DRAFT
PLANNING BOARD MINUTES
APRIL 7,1999
MEMBERS PRESENT: Karen Barrows (Chair), Nell Andrews, Howard McAdams, Jim Selkirk, Bob
Strayhorn, Elizabeth Walters.
MEMBERS ABSENT: Leo Allison, S.A.M. Brooks, Barry Katz, Runyon Woods - all excused.
STAFF PRESENT: Craig N. Benedict (Planning Director), Karen Lincoln, Joanna Bradshaw.
AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA
None.
AGENDA ITEM #3: APPROVAL OF MINUTES - March 4, 1999
Walters noted typographical error on page 2, end of line 1 - concerns to him.
Barrows noted error on page 7, paragraph 6, beginning of line 5, inadequate
should be adequate.
MOTION: Strayhorn moved approval with corrections. Seconded by Selkirk.
VOTE: Unanimous.
(Corrections have been made.)
AGENDA ITEM #4: COMIVIISSIONERS' BRIEFS - Not available.
AGENDA ITEM #S: PUBLIC CHARGE
AGENDA ITEM #6: CHAIR COMMENTS
None.
AGENDA ITEM #7: COMMITTEEIADVISORY BOARD REPORTS
a. Board of Adjustment
McAdams reported that the meeting was continued to the April 12, 1999
meeting for fiuther discussion on a proposed 190' telecommunications
tower on Mt. Carmel Church Road.
b. Agricultural Districts Advisory Board
Strayhorn reported that several farmers have indicated an interest in
applying for participation in Voluntary Agriculture Districts. He felt that
this interest is due to the Agriculture Summit held on February 25, 1999.
r
011
C. Historic Preservation Commission
No report available.
d. Ordinance Review Committee
Barrows reported that the Committee met prior to the Planning Board
meeting and will have a report prepared for the Long Range meeting on
April 13. Ordinance amendments are being proposed for consideration
by the Board of Commissioners at their May 4 meeting for presentation at
the May 24 public hearing.
e. Shaping Orange County's Future
No report available.
L Bicycle Committee
Planning Director, Craig Benedict, reported that the Board of
Commissioners approved the Bicycle Plan at their April 6 meeting as a
component of the Comprehensive Plan. Staff will be pursuing grant
funding for the preparation of a map of Orange County that may be used
to prepare a brochure such as McCalip demonstrated at the previous
Planning Board meeting.
Benedict also noted that McCalip has resigned his position with Orange
County to pursue a career with a private traffic engineering firm.
Barrows asked if the half-position the Planning Board had suggested to
work with a formal bicycle committee had been approved and Benedict
responded that it has not yet been approved.
AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING (NOVEMBER 23,1998)
a. Zoning Atlas Amendment
(1) Z -3 -98 Lawrence Park
Barrows stated that she felt this item `hinges together' with the Planned
Development Special Use Permit request.
Selkirk agreed with Barrows that the two requests go together. He continued,
asking if the character of the houses on these 7 lots is the same as the character
and size of the houses to be built in the larger subdivision. The developer,
Roger Perry, responded that the houses will be the same; however, the lots in
this tract are larger.
Barrows continued that perhaps the planned development request should be
heard first. Lincoln asked the developer if he was interested in the 7 -lot
subdivision if the planned development was not approved. Mr. Perry responded
that he was not interested in developing the smaller tract if the planned
development was not approved. After hearing Mr. Perry's response, it was
determined that the Planned Development request (agenda item #9a ) should be
discussed and voted on prior to the 7 -lot subdivision.
of
12
Article 8.2.1 3 - The location and character of the use, if developed according to
the plan submitted, will be in harmony with the area in which it is to be
located....
Walters noted that there is a little of every type of zoning in that area. Andrews
agreed, but, noted that this project is the largest.
MOTION: McAdams moved agreement with Staff's positive finding on Article 8.2.13.
Seconded by Strayhom.
VOTE: 3 in favor (McAdams, Strayhom, Walters).
3 opposed (Andrews, Barrows, Selkirk).
MOTION: Andrews moved denial of the application as proposed. Seconded by Selkirk.
VOTE: 3 in favor (Andrews, Barrows, Selkirk).
3 opposed (McAdams, Strayhom, Walters).
AGENDA ITEM #8: a. Zoning Atlas Amendment
(1) Z -3 -98 Lawrence Park
Presentation by Karen Lincoln.
The property is located in Eno Township on the south side of US Highway 70A.
The current zoning is Rural Residential (R -1). Land uses in the vicinity are
residential, including Colonial Park zoned (R4) and Colonial Hills zoned (R -2)
subdivisions. The adjacent zoning to the north and east is R -1. Lawrence Road
Baptist Church is located across Lawrence Road. The Rock House, a site listed
on the National Register of Historic Places, is at the southwest comer of US 70A
and Lawrence Road.
The property proposed to be rezoned and subdivided is 3.275 acres. It is not
located in a protected watershed and is designated twenty year transition in the
Comprehensive Plan. The applicant proposes to rezone the property from Rural
Residential (R 1) to Residential -2 (R -2).
The Plan involves two proposals. One proposal involves a rezoning, planned
development and Class A Special Use Permit with 237 lots, and is being
considered in another abstract. This proposal involves rezoning an area from RI
to R2 along the new public entrance road off US 70A. This involves 3.275
acres with 7 residential lots proposed. Four lots are proposed on the east side
and three on the west side of the entrance road.
Public water and sewer service from the Town of Hillsborough will be extended
to serve the proposed lots. Water lines exist on US 70A. Sewer service will be
extended to the site from the Meadowlands development.
In a 5 to 3 vote the Planning Board approved the Concept Plan for Lawrence
Park in their April 1, 1998 meeting.
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on November 23, 1998. The Orange
013
10
County Planning Staff presented the request and there were no comments from
citizens at the meeting.
The Planning Staff recommends approval of the request for a Zoning Atlas
amendment from Rural Residential (R -1) to Residential -2 (R -2) per the findings
(an attachment to these minutes on pages
Article 20 - Regarding application materials.
MOTION: McAdams moved agreement with Staff's findings on Article 20.3.2 a, b, c, d, e.
Seconded by Walters.
VOTE: Unanimous.
Article 4 - District Statements of Interest and Application Criteria.
MOTION:
McAdams moved agreement with Staff's findings on Article 4.2.4 b 1, 2, 3.
Seconded by Strayhorn.
VOTE:
Unanimous.
MOTION:
McAdams moved approval as recommended by the Planning Staff. Seconded
by Andrews.
VOTE:
Unanimous.
b. Zoning Atlas Amendment
(1) Z -01 -99 Armin Lieth
Presentation by Karen Lincoln.
Abstract information is an attachment to these minutes on pages
The Planning Staff recommends denial of the rezoning based on provisions in
the Orange County Zoning Ordinance that limit LC -1 and NC -2 zoning districts
within a rural community node to five acres each. Furthermore, commercial
uses may be allowed within a rural community activity node within a planned
development. Zoning ordinance provisions specify that acreage limitations do
not apply to property (within a Rural Community Activity Node) zoned for
planned developments. Citizen concerns about the commercial use(s) that may
be introduced at this location, the appearance/architecture of structures,
lighting, buffers and other issues may be addressed in a planned development.
(Planned developments require a Zoning Atlas Amendment with a Class A
Special Use Permit.)
The Planning Board has 60 days in which to prepare and submit a
recommendation to the Board of County Commissioners. Failure of the
Planning Board to submit a recommendation within the required time shall be
considered as a favorable recommendation without conditions.
Selkirk asked why this application is being presented if it is over the limit
according to the regulations. Lincoln responded that any application submitted
Upon motion of Commissioner
Jacobs
seconded by
Commissioner Ha l k i of i s , the foregoing Resolution of the
Orange County Board of County Commissioners to Deny Zoning Atlas
Amendment was adopted this the 1s` day of June, 1999.
I, Beverly A. Blythe, 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 June 1, 1999 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No.
Board.
28 of the minutes of said
WITNESS my hand and the seal of said County, this 4th day
of June 1998
Clerk to the foard of ConAissioners