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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; g:\ plandev \pd398\z3- 98boc.abs \5- 26 -99\kl 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. g:\ plandev \pd398\z3- 98boc.abs \5- 26 -99\kl 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. g:\plandev \pd398 \denyz3. res \5- 26 -99 \kl 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. g:\plandev \pd398\appz3. res \5- 26 -99 \kl 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 g:\ plandev \pd398\z3- 98boc.abs \5- 26 -99\kl _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. g:\ plandev \pd398\z3- 98boc.abs \5- 26 -99\kl 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 C: \WINWORD \NOV2398A.DOC UU� 8 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 C: \WINWORD \NOV2398A.DOC 0 0'.! ", 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 C: \WINWORD \NOV2398A.DOC O 1 f_I 10 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