HomeMy WebLinkAboutRES-2009-042a Planning Rezoning Petition submitted by Charles and Nancy HelgevoldSTATEMENT OF CONSISTENCY
OF THE ORANGE COUNTY COMPREHENSIVE PLAN
PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A-341
REGARDING A APPLICATION OF AMENDMENT TO THE ORANGE COUNTY ZONING
ATLAS FOR
CHARLES AND NANCY HELGEVOLD
Orange County has received and reviewed a Zoning Atlas Petition, submitted by Charles and Nancy
Helgevold, (the "Applicant") to amend the Orange County Zoning Atlas to rezone a portion of their
property located at 214 Phelps Road in the following manner:
1. Rezone a 46,500 square foot portion of property from Existing Commercial Five (EC-5) to
Agricultural Residential (AR), and
2. Rezone a 46,500 square foot portion of property, currently utilized to support a commercial
landscaping operation, from AR to EC-5
The parcel is identified more particularly in the application for amendment submitted by the Applicant.
The Orange County Board of Commissioners has determined that the amendment requested, if
approved, will be consistent with Orange County's adopted Comprehensive Plan and the Board of
Commissioners proposed action on the amendment applied for is reasonable and in the public interest
for the following reasons:
1) The proposed Amendment will allow for the development of a parcel of property within the
County consistent with existing overall policies and development strategies embodied within
the Orange County Comprehensive Plan, specifically:
a. The proposed Amendment will eliminate anon-residential zoning designation on a
parcel of real property where there currently is no non-residential land use in
operation consistent with the policies and goals of the Orange County Comprehensive
Plan,
b. The proposed Amendment will rezone a portion of an existing parcel of real property
to an appropriate non-residential zoning designation consistent with the policies and
goals of the Orange County Comprehensive Plan
c. The proposed Amendment will allow for the continued use of the property consistent
with the land use category designation identified for the area within the Orange
County Comprehensive Plan.
Adopted by the Orange County Board of Commissioners this 19`h day of May, 2009.
Ayes: ~p C ~~`~ _ Q~~~)
Noes: (~
Donna Baker,
to BOCC
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RESOLUTION OF THE
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT
FOR A REZONING PETITION SUBMITTED BY
CHARLES AND NANCY HELGEVOLD
Date: May 19, 2009
Applicant/Owner: Charles and Nancy Helgevold
The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board")
herby approves an Application For Zoning Atlas Amendment (the "Application") to the
Orange County Zoning Ordinance (the "Ordinance") and the Orange County Zoning
Atlas (the "Atlas"), submitted by Charles and Nancy Helgevold, (the "Applicant") to
amend the Ordinance and Atlas by rezoning those certain parcels of property described
more fully below:
1. Rezone a 46,500 square foot portion of property from Existing Commercial Five
(EC-5) to Agricultural Residential (AR), and
2. Rezone a 46,500 square foot portion of property, currently utilized to support a
commercial landscaping operation, from AR to EC-5
The property is further identified by the following legal description:
Rezoning of a 46,500 square foot portion of property from Existing Commercial Five
(EC-5) to Agricultural Residential (AR):
BEGINNING at a stake, said stake being at the Northwest corner of the
subject property and also a control corner of the subject property per PB
54/178 running west to an iron stake 270.23 feet thence continuing south
05'46'04 West 100.69 to a point thence running west 341.50 feet to an
iron stake thence continuing north 01'06'32 east 100.75 feet and
incorporating approximately 46,500 square feet of land area currently
depicted on the official Orange County Zoning Atlas as being zoned
Existing Commercial Five (EC-5)
Rezoning of a 46,500 square foot portion of property from Agricultural Residential (AR)
to Existing Commercial Five (EC-5):
BEGINNING at a stake, said stake being at the Northwest corner of
Charles Helgevold's EC-5 Area and also the control corner per PB 54/178
running thence South 01'06'32" West 175.03' to an iron stake, the
Northwest corner of Lillian McKee, thence continuing South 01'06'32"
West 316.26' to an iron stake, stake being on the northern right-of-way of
Phelps Road, continuing to the center of the right-of-way South 01'06'32"
West 33.02' to a point, thence North 85'38'37" West 132.39' along the
center of Phelps Road to a point, thence North 08'37'18" East 30.05 to the
northern right-of-way of Phelps Road to a stake, thence North 06'03'21"
East 199.96' to a point, thence North 01'21'38" East 182.58' to a stake,
said stake being the Northeast corner of Charles and Mary Beth
Helgevold, thence North 01'06'32" East 100.75' to a point, thence North
88'53'06" East 111.89' to the point and place of BEGINNING.
In accordance with the Ordinance, the Board hereby makes the following findings as to
the appropriateness of the Application:
1. That the Application is complete in accordance with the submittal requirements
detailed within Article Twenty (20) of the Ordinance, specifically Section 20.3.2;
2. That per Section 20.3.2 (c) of the Zoning Ordinance, staff and the property owner
allege a mapping error making the Zoning Atlas Petition reasonable necessary in
promoting the public health, safety, and general welfare.
Specifically, the existing non-residential zoning designation is not located in
accordance with the existing non-residential operation that was in existence in
1994. The approval of the petition will correct for this error and properly reflect
the exact location of the non-residential zoning designation on the property.
3. That per Section 20.3.2 (e) of the Zoning Ordinance, the approval of the Zoning
Atlas Petition would carry out the intent of the Orange County Comprehensive
Plan.
Specifically, the approval of the petition would properly designate an EC-5 zoning
designation on a parcel of property where there is an existing non-residential
land use in operation.
This Ordinance shall become effective upon approval.
Adopted by the Orange County Board of Commissioners this 19th day of May, 2009.
re ~ C a
Noes:
Don Baker, erk to BOCC
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