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Home My WebLink AboutORD-2008-109 - Zoning Atlas Amendment Rezoning: Hillsborough Area Economic DevelopmnentORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: November 24, 2008 Action Agenda Item No. C.5 SUBJECT: Zoning Atlas Amendment (Rezoning): Hillsborough Area Economic Development District DEPARTMENT: Planning and Inspections ATTACHMENTS: 1. Petition Boundary Map 2. Comprehensive Plan Map 3. Transportation Map 4. Statement of Consistency 5. Mail out Certification / Letter to Adjoining Owners / Adjoining Owner List 6. Resolution of Rezoning Approval 7. Resolution of Rezoning Denial PUBLIC HEARING: (YIN) INFORMATION CONTACT: Robert P. Davis, Planner III 245 -2580 PURPOSE: To hold a public hearing in order to receive public comments concerning a County - initiated general use zoning atlas amendment petition. BACKGROUND: In April 2001 the Board of County Commissioners rezoned all of the land within the Hillsborough Area Economic Development District and adopted an abridged version of the EDD Design Manual for the Hillsborough Area Economic Development District. This was a product of an 18 -month collaborative planning effort with the Town of Hillsborough. The intended purposes of the 2001 rezoning and text changes were to adjust the future land use picture in this EDD, to better align uses, and to streamline the project approval process. To that end the Comprehensive Plan categorized associated land use designations into targeted geographic areas within the Hillsborough EDD. The specific areas were adjacent to Interstate 40, along Old NC 86, on the eastern side of NC 86 at the 1 -85 interchange, and along NC 10 (See Attachment 2). Additionally, conceptual road network layouts were schematically diagramed and approved (See Attachment 3). As a part of the same efforts six new Economic Development General Use Districts were adopted that comported with the new land use designations. The Economic Development Mixed Use District would be allowed only as a Planned Development. The smaller sized, narrow properties along the western side of Old NC 86, five of which have existing houses, are the subject of this rezoning. Petition Request From: Economic Development Limited Office One (ED -LO -1) To: Economic Development Linear Office (ED -LNR) Watershed: Lower Eno - Unprotected Y Size: Tract 1: 8.83 acres Tract 2: 12.68 acres Tract 1 PIN's: 9863 -96 -5912, 9863 -96 -5768, 9863 -96 -5688, 9863 -96 -6573, 9863 -96 -4502, 9863 -96 -3812, 9863 -97 -1293 Tract 2 PIN's: 9863-95-8966,9873-05-1814,9873-05-0697,9873-05-3116 Existing Land Uses: Tract 1: Five single - family residential dwellings and 2 undeveloped lots Tract 2: One single - family dwelling and undeveloped land (Orange Water and Sewer Authority has a water interconnect between OWASA and Hillsborough on a small parcel) Surrounding Land Uses: Tract 1: North — Undeveloped commercial uses (Oakdale Village) East — Commercial, office and light industrial uses (Citgo, NCDOT Maintenance) South and West — Residential subdivision (Cornwallis Hills) Tract 2: West and North — Single family subdivision (Cornwallis Hills) East — Four single - family dwellings across Old NC 86 South — Predominantly undeveloped with one abandoned residential structure Reason for Zoning Atlas Amendment Recently staff has noticed an increased commercial and office interest in properties located along the Old NC 86 corridor between 1 -85 and 1-40, specifically in the area between the State Employees Credit Union (SECU) and 1 -40. Land on the western side of Old NC 86, excluding the SECU and Cornwallis Hills subdivision, falls within the County's zoning jurisdiction. A public hearing to amend the Zoning Atlas may be scheduled by the Board of County Commissioners either: 1) upon receipt of a valid petition from the public or, 2) upon the Board's own initiative. This petition has been requested at the County's own initiative to address issues relating to land development along Old NC 86. Regardless of the origination type of petition, the zoning ordinance requires that a purpose of rezoning be stated along with the petition. In this particular case, Article 20.3.2 d) gives a reasonable justification, and is stated verbatim as follows: The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas and /or Zoning Ordinance text amendment reasonably necessary to the promotion of the public health, safety and general welfare Both Tracts 1 and 2 under consideration are linearly situated along Old NC 86 (See Attachment 1). As a part of the adoption of the 2001 zoning and text amendments in the Hillsborough Area EDD six zoning districts were created, one of which is the ED -LNR district. The district was created in the text, but not affixed to any specific parcels. The primary purpose of the ED -LNR district is to allow land use conversion of these existing lots and residential dwellings to small -scale offices and /or low impact services provided that the structures were limited to 5,000 square feet in gross floor area with a district maximum height of 30 feet. Due to these aforementioned limitations on project intensity the ED -LNR allows a reduction in the normally required 100 -foot EDD perimeter buffer to be reduced to 50 feet. However, all buffer planting requirements are to be met. The existing ED -LO -1 district severely restricts usage for some of the lots in both Tract 1 and Tract 2. The original thought was that some of the tracts would recombine and develop as one project. This has not occurred even though some properties offered for sale adjoin each other. There are, or have been recently, three properties offered for sale along this corridor. Anecdotal comments have indicated that the primary reason for lack of sales and conversion of these properties to offices and low impact services has been due to the current zoning district requirements. However, the EDD Design Manual that sets the internal buffer requirements between adjacent land uses is just as likely the reason. The proposed buffer text amendments (at Public Hearing concurrently) to the EDD Design Manual will allow buffer flexibility and will provide, if approved, the necessary modifications to-allow these properties to develop individually, perhaps to use existing dwellings, rather than as a part of a larger scale project. ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the Orange County Zoning Ordinance, the Zoning Officer is required to: `...cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. Staff Findings and Analvsis 1. Both Tract 1 and Tract 2 are located. within the Hillsborough Area Economic Development District, which by definition is an Economic Development Node. 2. The ED -LNR district was created to allow for low impact uses on smaller lots, and also to allow for adaptive reuse of existing structures provided that all subdivision, zoning, and building code provisions are met. 3. Both the ED -LNR and the ED -LO -1 districts permit a maximum impervious surface coverage of 50 %. 4. The maximum height of structures in the ED -LNR district is 30feet. The maximum height of structures in the ED -LO -1 district is 60 feet. 5. When a site within an ED -LNR district adjoins the exterior boundary of the EDD the perimeter buffer may be reduced to fifty -(50) feet. The perimeter buffer of a site within the ED -LO -1 district is 100 feet. All of the parcels in Tract 1 are less than 200 feet in width. 6. All interior landscape buffer requirements are the same in each district. Due to the fact that the ED -LNR district was originally created for future application to lands included in the petitioned areas, a County initiated petition is reasonable and necessary to remove impediments to conversion to more suitable land uses. In conjunction with the proposed buffer text amendments land in the area can more easily convert uses. For future reference there are two other areas in the Hillsborough Area EDD along NC 86 near 1 -85 also targeted as appropriate ED -LNR districts, but are not subject to this petition (See Attachment 2). Notification Procedural Requirements: All property owners whose properties are subject to this petition have been notified by Certified Mail, return receipt requested. All adjacent property owners within 500 feet of the petitioned tracts have been notified by US Mail, First Class in accordance with the zoning ordinance. 4 Signs have been posted on both tracts. Attachment 5 includes: 1) the list of property owners notified by letter, 2) the Notice of Pending Rezoning Action that was mailed to the petitioned - tracts property owners and to the 500 -foot adjoining property owners, 3) a copy of the Certification of Mailing. FINANCIAL IMPACT: There is no public fiscal impact regarding this petition. The Zoning Officer recommends APPROVAL of the zoning atlas amendment for both Tract 1 and Tract 2. RECOMMENDATION: The Zoning Officer recommends that the Board: 1. Receive the rezoning petition, 2. Conduct the public hearing to hear and consider public comment, 3. Refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners no later than January 8, 2009. 4. Adjourn the public hearing until January 22, 2009 in order to receive and accept the Planning Board's recommendation. RA Tract 1 8.83 acres 312 C a 9863958966 6; Tract 2 12.6$ acs ED -1-i ,. incX=450 f9et � R1 _ 1 plain X00 Year F 07} a dim► (Effeolive Oti Retd Yhauw' 31 -COY F10may °„'" gtreams Ei J 100 Year 02lOy07) GIs" Area Of interest ptectve paroel BID tp a P ,.ri nn MOM 11 Attachment 4 STATEMENT OF CONSISTENCY ORANGE COUNTY BOARD OF COMMISSIONERS PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A -341 REGARDING AMENDMENTS TO THE ORANGE COUNTY ZONING ATLAS Orange County has held a public hearing regarding the petition of Orange County to amend the Orange County Zoning Atlas'by rezoning two tracts of real property from Economic Development -- Limited Office —One (ED -LO -1) to Economic Development — Linear Office (ED -LNR). The parcel identification numbers of the properties included in the petition are as follows: 9863 -96 -5912, 9863 -96 -5768, 9863 -96 -5688, 9863 -96 -6573, 9863 -96 -4502, 9863 -96 -3812, 9863 -97 -1293, 9863 -95 -8966, 9873 -05 -1814, 9873 -05- 0697, and 9873 -05 -3116. The Orange County Board of Commissioners has determined that the petition is consistent with Orange County's adopted comprehensive plan, and the Board of Commissioners proposed action on the amendment is in the public interest for the following reasons: 1) The proposed Amendment will allow for the development of the parcels of property within the County consistent with existing overall policies and development strategies embodied within the Orange County Comprehensive Plan. Adopted by the Orange County Board of Commissioners this day of , 2009. Ayes: Noes: Donna Baker, Clerk to BOCC 6Y�_\1 12 ORANGE COUNTY PLANNING & INSPECTIONS Craig N. Benedict, AICP, Director t °aotr °r ®, Current Planning �q '9P (919) 245 -2575 u (919) 644 -3002 (FAX). www.co.orange.nc.us Attachment 5 DEPARTMENT 306F Revere Road P O Box 8181 Hillsborough, North Carolina, 27278 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Robert P. Davis, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that I have mailed, or have had mailed, by certified, return receipt requested, postage prepaid to the owners of the subject petition, and by first class mail, postage prepaid, to the adjoining property owners within 500 feet, a Notice of the Public Hearing to be held regarding an Orange County initiated Zoning Atlas Amendment to rezone properties from Economic Development- Limited Office -1 (ED -LO -1) to Economic Development- Linear Office (ED -LNR). The owners were identified according to the Tax Records and as required by Article 20, Section 6.3 of the Orange County Zoning Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 7th day of November 2008. Robert P. Davis, AICP Planning Supervisor ORANGE COUNTY PLANNING & INSPECTIONS Craig N. Benedict, AICP, Director CountP o! Current Planning (919) 245 -2575 17 ° 52 (919) 644 -3002 (FAX) www.co.orange.nc.us '" °rrb Cato� Attachment 5 13 DEPARTMENT 306F Revere Road P O Box 8181 Hillsborough, North Carolina, 27278 NOTICE OF A PENDING REZONING ACTION A County - initiated action to amend the Official Zoning Atlas for Orange County, North Carolina has been filed to change the zoning classification from Economic Development - Limited Office 1 (ED -LO -1) (present zoning classification) to Economic Development - Linear Office (ED-LM (proposed zoning classification) for the properties listed below. The two areas (see enclosed map) are located along the western side of Old NC 86 and on the southern side of Oakdale Drive (Tract 1) and along the western side of Old NC 86 south of Lafayette Drive (Tract 2) and are further identified by Orange County Tax Records as: Owner(s) Parcel Identification Number(s) Thomas L. Horne 9863 -95 -8966 Orange Water and Sewer Authority 9873 -05 -1814 Ernest Wagner IRA 9873 -05 -0697 / 9873 -05 -3116 Clifford C. Isaacs & Clifford C. Isaacs, Jr. 9863 -96 -4502 / 9863 -96 -3812 / 9863 -97 -1293 Juanita S. Sturdivant 9863 -96 -5912 Edward L. Underwood, Sr. Heirs 9863 -96 -5768 Audrey S. Miller 9863 -96 -5688 James W. Smith & Juanita G. c/o Robert Smith 9863 -96 -6573 Some of the principal use categories allowed in the proposed zoning district are: Administrative and Support Services-, Finance and Insurance Services; Government Services and Offices; Health 14 Attachment 5 Care and Social Assistance Offices, of Companies and Enterprises; Professional, Scientific and Technical Services. The Orange County Board of County Commissioners and the Orange County Planning Board will hold a joint public hearing at 7:30 PM on this rezoning on November 24, 2008 at the F. Gordon Battle Courtroom at 106 East Margaret Lane, Hillsborough, NC 27278. A public notice will be posted on the premises at least ten 10 days before the hearing, and a legal advertisement will appear in the Durham Herald and the News of Orange for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five (25) days prior to the public hearing. This notice is being sent to you because your property is either included in this rezoning or it is within 500 feet of the property proposed for a zoning classification amendment. This notice is provided pursuant to N.C. General Statutes 153A -343 and Orange County Zoning Ordinance Article 20.6. If you have any questions concerning this rezoning, please contact the Orange County Planning and Inspections Department, P.O. Box 8181, Hillsborough, NC 27278, Telephone 919.245.2575 or 245.2585. Buffer List Generated by Land Records /GIS by Michael Burton, Sr. 11/3/2008.1 PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP DESC1 SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9863 -86 -7460 4.42E..12 HYMAN DENISE RAE 107 NUTBUSH CT HILLSBOROUGH NC 27278 #12 PH l CORNWALLIS HLS P34185 L1 25571171 0.00 04/05/2002 $8497 91115 0 129612 9863 -86 -7666 4.44.B.17A AUSTELL TODD L 220 OAKDALE DR HILLSBOROUGH NC 27278 P/O #85A -B & 86B OAKDALE A1:52 2322/519 318.00 07/27/2001 38752 137156 0 175908 9863 -86 -8128 4A2EA8 TORRES MATTHEW P & KATIE -1 106 NUTBUSH CT HILLSBOROUGH NC 27278 #18 PH 1 CORNWALLIS HILLS L1 2629/465 250.00 06/27/2002 38497 85717 0 124214 P31/85 9863 -86 -8490 4.42E..11 NEL COAINA L 105 NUTBUSH CT HILLSBOROUGH NC 27278 #11 PH 1 CORNWALLIS HLS P34/85 L1 1770163 232.00 07/3011998 38497 88324 0 126821 ' 9863 -86 -9102 4.42E..19 HIGGINS COLLEEN A 201 LAFAYETTE DR HILLSBOROUGH NC ' 27278 #19 PH 1 CORNWALLIS HLS P34/86 L1 1118/488 178.00 0611011993 38497 87360 0 125857 9863 -86 -9388 4.42E..10 GRAY JOSHUA M & COURTNEY E 103 NUTBUSH CT HILLSBOROUGH NC 27278 #10 PH 1 CORNWALLIS HLS P34185 L1 4221175 268.00 02/19/2007 38497 71519 0 110016 9863 -86 -9708 4.44.B.19 ALEXANDER ROY F JR & BRENDA 210 OAKDALE DR HILLSBOROUGH NC 27278 PT 83 -84 A & B OAKDALE A3.18 3591460 0.00 05/13/1981 60356 159076 0 219432 HB TP P5 /110 9863 -87 -5526 4.44.A.13 REAVES PERRY 0 & JANICE 213 OAKDALE DR HILLSBOROUGH NC 27278. #175A -B & 176A OAKDALE FARMS L1 12851371 09/09/1994 42571 53514 0 • 96085 . 9863 -87 -6045 4.44.6.17 SCOTT MARY T % WILLIAM HENRY HP 0 BOX 1316 HILLSBOROUGH NC 27278 85A &8&86B OAKDALE A1.45 1347/10 0.00 05104/1995 41664 2150 0 43814 9863 -87 -8116 4.44.B.19F STANLEY RAY L JR & MARSHA 204 OAKDALE DR HILLSBOROUGH NC 27278 PT 83A -B & PT 84B OAKDALE Al 362/660 5.00 •05/13/1981 31931 155486 0 187417 HB TP P5 /l10 331117 9863 -87 -8657 4.44A.15C GRANITE/HILLSBOROUGH LLC PO BOX 1928 MT AIRY NC 27030 4 OAKDALE VILLAGE P103/40 A3.06 ' 43721562 0.00 01107/2008 0 0 0 0 9863 -87 -9171 , 4.44.B.19C HAYNIE ROBERT H JR & SUSAN H JACQBSQJ419 DALTON DR EFLAND NC 27243 #2 RUTH HAYNIE P27/194 Al. 18 04 -E-413 0.00 08/15/2004 35970 300 0 36270 9863 -93 -0620 4.47.C.7 ADDISON W ALLEN & SALLY ANN B PO BOX 727 HILLSBOROUGH NC 27278 #B DORIAN C WEST P81/193 Al 12.8 666/628 0.00 10/08/1998 2672894 521124 86966 608090 •9863 -94 -7735 4A2E..66 NEAL GILBERT G & ERIN M 113 TWISTED CT HILLSBOROUGH NC 27278 #28 PH 2 CORNWALLIS HILLS L1' 1896/297 281.00 03/26/1999 45166 112806 0 157972 P451121 9863- 94 -8895 4A2E..50 HQLOBETZ CHARLES A & GLORIA A 113 POINTE PLACE HILLSBOROUGH NC 27278 #12 PH 2 CORNWALLIS HILLS L1 727/605 95.50 05/31/1988 41996 110260 0 152256 P461121 Cn 11/3/2008 PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP DESCI _ SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLNGVALUE USEVALUE VALUATION DESC2 rn 9863 -94 -8935 4.42E..51 SPAIN KEVIN L & DEBORAH M 111 POINTE PL HILLSBOROUGH NC 27278 #13 PH 2 CORNWALLIS HILLS L1 2573/74 290.00 04/25/2002 41996 118958 0 160954 P45/121 9863- 94-9773 4.42E..49 FITZGERALD NICHOLAS M & SHANNON C 115 POINTE PL HILLSBOROUGH NC 27278 #11 PH 2 CORNWALLIS HLS L1 1789179 292.00 08/31/1998 44374 164976 0 209350 P45/121 9863 - 95-0513 4.42E..86 CORNWALLIS HILLS PROPLOWNERS ASSOCIATK07 PATRIOT PLACE HILLSBOROUGH NC 27278 RECREATION AREA PH 2 CORN - L1 7261636 0,00 05/26/1988 41996 0 0 41996 WALLIS HILLS P451121 9863 -95 -0979 4A2E..20 DUKE ADRIAN M & HOLLY L - 118 LAFAYETTE DR HILLSBOROUGH NC 27278 #20 PH 1 CORNWALLIS HILLS L1 3652/595 306.00 01/14/2005 38497 100500 0 138997 P34/85 9863 -95 -1207 4A2E..28 FARIS MARTHA ANNE 107 SMALLWOOD CT HILLSBOROUGH NC 27278 #28 PH 1 CORNWALLIS HLS P34/85 L1 814/256 85.00 09120/1989 38497 89432 0 127929 9863 -95 -1357 4.42E..27 MCKEL•VEY JAMES P & JANINE L 105 SMALLWOOD CT HILLSBOROUGH NC 27278 #27 PH 1 CORNWALLIS HLS P34185 L1 993/431 200.00 05/21/1992 38497 131427 0 169924 9863 -95 -1397 4.42E..63 MANGES DANIEL P & MICHELLE M 117 BONAPARTE DR HILLSBOROUGH NC 27278 #45 PH 2 CORNWALLIS HLS L1 4535/52 370.00 05/29/2008 41996 94243 0 136239 P461121 9863 -95 -1689 4.42E..29 MCGUIRE JAMES P & EMA R 108 SMALLWOOD CT HILLSBOROUGH NC 27278 #29 PH 1 CORNWALLIS HLS P34/85 L1 2320/24 290.00 07/25/2001 38497 106659 0 145156 9863 -95 -2480 4.42E..82 BOWERS MA THEW B &CRYSTAL 115 BONAPARTE DR HILLSBOROUGH NC 27278 #44 PH 2 CORNWALLIS HLS L1 4306/328 428.00 06/14/2007 41996 142527 0 184523 P451121 9863 -95 -2666 4A2E..30 KAUFMANN JESSE & STEVEN KAUFMA*304 DAVIS ROAD HILLSBOROUGH NC 27278 #30 PH 1 CORNWALLIS HILLS L1 34621330 304.00 06/11/2004 38497 104196 0 142693 P34185 9803 -95 -2951 4.42E..26 YORK THOMAS R & CATHY B 103 SMALLWOOD CT HILLSBOROUGH NC 27278 #26 PH 1 CORNWALLIS HLS P34/85 L1 1495/369 250.00 08/01/1996 38497 117428 0 155925 9863 -95 -3465 4.42E..81 FOY NANCY MCCORMICK 113 BONAPARTE DR HILLSBOROUGH NC 27278 #43 PH 2 CORNWALLIS HILLS L1 2221/518 0.00 11/15/2002 41996 115135 0 157131 P451121 9863 -95 -3762 4.42E..M SANVIK AMBER & MANUEL AGUIRRE104 SMALLWOOD CT HILLSBOROUGH NC 27278 #31 PH 1 CORNWALLIS HLS P34185 L1• 4556/292 388.00 06/25/2008 38497 121389 0 159886. 9863 -95 -3965 4.42E..25 BOWLES KEITH OTTIS & JANET MARIE 101 SMALLWOOD CT HILLSBOROUGH NC •27278 #25 PH 1 CORNWALLIS HLS P34/85 L1 9761321 175.00 63127/1992 38497 158306 0 196803 9863 -95 -4232 4.42E..58 RICHARDSON JOHN W & DANA 116 BONAPARTE DR HILLSBOROUGH NC 27278 #20 PH 2 CORNWALLIS HILLS L1. 3044/336 294.00 06105/2003 41996 95332 0 137328 P451121 9863 - 95.4530 4.42E,.80 BOONE STEVEN G & HARRIET A 111 BONAPARTE DR HILLSBOROUGH NC 27278 #42 PH 2 CORNWALLIS HILLS L1 12571212 270.00 06/13/1994 41996 126209 0 168205 P451121 PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP DESC1 SIZE DEEDREP TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9863 -95 -4596 4.42E..79 ARNOTT NANCY MARTHA 109 BONAPARTE DR HILLSBOROUGH NO 27278 #41 PH 2 CORNWALLIS HILLS L1 6881129 83.00 10/21/1987 41996 96127 0 138123 P45/121 9863- 954694 4A2E,.78 BENNINGTON CATHERINE 1 6 THOMAS ST CHARLESTON SC 29403 #40 PH 2 CORNWALLIS HILLS L1 9811296 O.00 04113/1992 41996 117042 0 159038 P45/121 9863 -95 -4757 4.42E..32 DEARMEY WILLIAM L & STEPHANIE M • 102 SMALLWOOD CT HILLSBOROUGH NO 27278 #32 PH 1 CORNWALLIS HILLS L1 '2637/298 345.00 07103/2002 38497 131148 •0 169645 P34/85 9863 -95 -5033 4.42E..64 HALES SHANNON R & DEREK P 108 TWISTED CT HILLSBOROUGH NO 27278 #26 PH 2 CORNWALLIS HILLS L1 4086/117 350.00 07/25/2006 45166 94449 0 139616 P45/121 9863 -95 -5227 4.42E..57 ALZATE OSCAR & CRISTINA OSORIO114 BONAPARTE DR HILLSBOROUGH NC 27278 019 PH 2 CORNWALLIS HILLS S20824 3443/599 304.00 05/2412004 47851 98148 0 145999 P45/121 9863 -95 -6041 4.42E..65 ZYBIN TATIANA 110 TWISTED CT HILLSBOROUGH NO 27278 #27 PH 2 CORNWALLIS HLS P45/121 L1 2228/98 300.00 04/02/2001 45166 103850 0 149016 9863 -95 -6308 4.42E..56 SMITH TRUMBUL 112 BONAPARTE DR HILLSBOROUGH NO 27278 #18 PH 2 CORNWALLIS HLS P45/121 L1 04-E -290 0.00 06/01/2004 41996 115396 0 157392 9863 -95 -6351 4.42E..55 LUND TYLER GLENN & VALERIE BETH 103 POINTE PLACE HILLSBOROUGH NO 27278 #17 PH 2 CORNWALLIS HLS P45/121 L1 4323/102 0.00 07/03/2007 41996 108435 0 150431 - 9863 -95 -6694 4.42E..39 MASSEY GUY B & MARSHA S 110 BONAPART DR HILLSBOROUGH NO 27278 #1 REV.PH 1 -2 CORNWALLIS HLS S21074 980/237 265.00 , 04/08/1992 48426 155204 0 203630 P65/58 & 57/71 9863 -95 -6863 4.42E..34 GODFREY MARK & KAMELA J 106 BONAPARTE DR HILLSBOROUGH NO 27278 034 PH 1 CORNWALLIS HILLS L1 25431403 0.00 0312212002 38497 129074 0 167571 P34185 9863 -95 -6902 4.42E..35 LOEBLE KELLY C 104 BONAPARTE DR HILLSBOROUGH NO 27278 #35 PH 1 CORNWALLIS HLS P34/85 L1 4087/428 393.00 07/26/2006 38497 121484 0 159981 9863 -95 -7093 4.42E..52 TAYLOR KEITH 1477 POINSETT DR CHAPEL HILL NO 27517 #14 PH 2 CORNWALLIS HLS L1 • 4192/143 330.00 12129/2006 41996 98343 0 140339 P46/121 9863-95-7163 4A2E..53 SHAMBLEY LARRY V & LOIS ANNETTE 107 POINTE PLACE HILLSBOROUGH NO 27278• #15 PH 2 CORNWALLIS HLS L1 6691439 80.00 07/28/1987 41996 91066 0 133062 P461121 9863 -95 -7202 4.42E..54 SHUMATE SUSAN C & ROGER C 105 POINTE PLACE HILLSBOROUGH NO 27278 #16 PH 2 CORNWALLIS HILLS L1 914/140 108.00 05/30/1991 41996 105897 0 .147893 P451121 9863 -95 -7498 4.42E..41 FADDEN ROBERT PATRICK& ALESSANDRA I SIL'V02 POINTE PLACE HILLSBOROUGH NC 27278 #3 PH 2 CORNWALLIS HLS P451121 L1 2113/39 287.00 07/31/2000 41996 98583 0 140579 9863 -95 -7536 4.42E..40 HOUSKEEPER DAVID A & AMY M 100 POINTE PL HILLSBOROUGH NO 27278 #2 PH 2 CORNWALLIS HLS P451121 520332 3792/339 300.00 06/30/2005 46721 87157 0 133878 v 11/3/2008 4.42E..44 ANDER GARY L & KATHERINE KELLY108 POINTE PL HILLSBOROUGH NC 27278 #6 PH 2 CORNWALLIS HLS P451121 L1 15631179 0.00 03/18/1997 41996 PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP DESC4 _ SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 00 9863 -95 -8349 4.42E..42 LADNER LAMAR SCOTT 9863 -96 -1046 104 POINTE PL HILLSBOROUGH NC 27278 #4 PH 2 CORNWALLIS HILLS L1 4088/482 410.00 07/27/2006 41996 120225 0 162221 P451121 9863 -9.6 -1313 4.42E..43 POCHINSKI JOHN L & CHERYL J NC 106 POINTE PLACE HILLSBOROUGH NC 27278 #5 PH 2 CORNWALLIS HILLS 9863 -95 -8390 L1 25081400 0.00- 02/13/2002 41996 97374 0 139370 EFLAND P451121 27243 4.49.A.213 HORNE THOMAS L 1536/565 36.00 12/20/1996 22883 2611 WINNINGHAM RD CHAPEL HILL NC 27516 W/S 1009 9863 - 95-8966 A2.9 291/500 118 OAKDALE DR 08/01/1978 207870 52732 0 260602 308/332 04/01/1979 34469 400 4.42E..45 SWAIN KEVIN M & RACHEL F 110 POINTE PLACE HILLSBOROUGH NC 27278 #7 PH 2 CORNWALLIS HLS P45/121 9863 -95 -9182 L1 3692/416 320.00 03/11/2005 41996 122557 0 164553 9863 -95 -9231 4.42E..44 ANDER GARY L & KATHERINE KELLY108 POINTE PL HILLSBOROUGH NC 27278 #6 PH 2 CORNWALLIS HLS P451121 L1 15631179 0.00 03/18/1997 41996 111625 0 153621 9863 -96 -0245 4A2E..9 FIRPO DENISE & CHRISTINE A FIRP®01 NUTBUSH CT HILLSBOROUGH NC 27278 #9 PH 1 CORNWALLIS HILLS L1 4563/235 0.00 07102/2008 38497 95523 0 134020 P34185 9863 -96 -1046 4A2E..21 PARKER JO SUER 116 LAFAYETTE DR HILLSBOROUGH NC 27278 #21 PH 1 CORNWALLIS HLS P34/85 L1 944/377 0.00 06/18/2000 38497 94622 0 133119 9863 -9.6 -1313 4.42E..8 SMITH JAMES WILLIAM & JUANITA G % R SMITH 4524 BORLAND ROAD EFLAND NC 27243 #8 PH 1 CORNWALLIS HILLS L1 569/43 55.00 0412211986 38497 84397 0 122894 P34185 9863 -96 -1606 4.44.B.19D HAYNIE ROBERT H JR & BEVERLY W 2419 DALTON DR EFLAND NC 27243 #1 RUTH HAYNIE P27/194 A1.10 1536/565 36.00 12/20/1996 22883 0 0 22883 9863- 96-1785 4.44.13.19E GAINEY ELEANOR JEAN RA& JOHNNIE 118 OAKDALE DR HILLSBOROUGH NC 27278 P10 81 &B OAKDALE L1 308/332 04/01/1979 34469 400 0 34869 9863 -96 -2092 4.42E..24 WHITLING BRIAN E 103 BONAPARTE DR HILLSBOROUGH NC 27278 #24 PH 1 CORNWALLIS HLS P34/85 L1 18531251 232.00 01/05/1999 38497 90434 0 128931 9863 -96 -2131 4.42E..22 KAMMERMAN KARLIS C & GLORIA K 114 LAFAYETTE DR HILLSBOROUGH NC 27278 #22 PH 1 CORNWALLIS HLS P34185 L1 1072/563 187.00 01/20/1993 38497 91602 0 130099 9863 -96 -2301 4.42E..7 MOORE BOBBY R JR 807 S 3RD STREET MEBANE NC 27302 #7 PH 1 CORNWALLIS HLS P34185 L1 851/435 75.00 05108/1990 38497 74267 0 112764 9863 -96 -2381 4.42E..6 MENNELL BRADFORD A 46 FISHKILL HOOK RD HOPEWELL JUNCTI(NY 12533 #6 PH 1 CORNWALLIS HLS P34/85 L1 2126/290 280.00 08/28/2000 38497 107513 0 146010 9863 -96 -3134 4.42E..23 VARNADOE RONALD C & PAMELA B 101 BONAPARTE LN HILLSBOROUGH NC 27278 #23 PH 1 CORNWALLIS HLS P34/85 L1 1196/464 0.00 12/21/1993 38497 82665 0 121162 9863 -96 -3376 4.42E..5 RASHKIS MELVIN F & ZORA M RASHKIS 245 CEDAR CLUB CIR CHAPEL HILL NC 27517 #5 PH 1 CORNWALLIS HILLS L1 438/133 0.00 10/07/1983 38497 .68634 0 107131 P34185 11 /3/2008 PIN TMBL OWNER . OWNER2 ADDRESS . CITY STATE ZIP DESC1 SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9863 -96 -3812 4.44.13.2013 ISAACS CLIFFORD C &'CLIFFORD C ISAAM2 OAKDALE DR HILLSBOROUGH NC 27278 #2 CLIFFORD C & BRENDA R A1.812 3557/325 0.00 09/1412004 54387 0 0 54387 ISAACS P78/37 9863 -96 -4366 4,42E..4 RASHKIS MELVIN F & ZORA M RASHKIS 245 CEDAR CLUB CIR CHAPEL HILL NC 27517 #4 PH 1 CORNWALLIS HILLS L1 438/113 75.00 10/07/1983 38497 53331 0 91828 P34/85 9863- 964502 4.44.B.20A ISAACS CLIFFORD C & CLIFFORD C ISAAOf l2 OAKDALE DR HILLSBOROUGH NC 27278 02 CLIFFORD C ISAACS PROP A0.9 . 3557/325 0.00 09114/2004 28504 0 0 28504 P41111 9863 -96 -5051 4.42E..36 BEATTIE MICHAEL J 102 BONAPARTE DR HILLSBOROUGH NC 27278 #36 PH 1 CORNWALLIS HILLS L1 1523197 260.00 11101/1996 38497 114716 0 153213 P34/85 9863 -96 -5112 4.42EJ7 LYNCH DAVID F & KATHLEEN A 4 SENNA CT PALM COAST FL 32164 #37 PH 1 CORNWALLIS HILLS L1 1440/158 218.00 03/01/1996 38497 113562 0 152059 P34/85 9863 -96 -5346 4.42E..3 FULLER JAMES ROBERT & THERESA E 105 LAFAYETTE DR HILLSBOROUGH NC 27278 #3 PH 1 CORNWALLIS HLS P34185 L1 1173/405 225.00 10127/1993 38497 127791 0 166288 9863 -96 -5688 4.44.6,27 MILLERAUDREY S 2411 OLD NC 86 HILLSBOROUGH NC 27278 72 -73 P/0 78 OAKDALE L1 94 -E -530 0.00 11/14/1994 96600 5944 0 102544 9863 -96 -5768 4.44.8.26 UNDERWOOD EDWARD L S 6306 SCHLEY RD HILLSBOROUGH NC 27278' 070 -71 & PT 78 GARY LLOYD L1 05 -E -302 0.00 04/16/2005 96600 1348 0 97948 9863 -96 -5912 4.44.6.25 STURDIVANT JUANITA S 2401 OLD NC 86 HILLSBOROUGH NC 27278 66 -69 & P/O 78 A/B OAKDALE L1 89 -E -338 0.00 08122/1989 153180 2931 0 156111 W/S OLD 86 9863 -96 -6337 4.42E..2 CHANDLER HAYWOOD CA- (LIVING TRUST PO BOX 99 HILLSBOROUGH NC 27278 #2 PH 1 CORNWALLIS HLS P34/85 L1 3742/388 0.00 05/11/2005 38497 79787 0 118284 9863 -96 -6573 4,44.13.28 SMITH JAMES W C/O ROBERT SMITH 4524 BORLAND RD EFLAND NC 27243 74- 77 &P /0 78A &B L1 A 56/20 09/20/1955 .123455 1317 0 124772 9863 -96 -7169 4,42E..38 CORNWALLIS HLS PROP 01ASSOCIATION INC 407 PATRIOT PL HILLSBOROUGH NC 27278 OPEN SPACE PH A CORNWALLIS HLS L1 387/489 0.00 05/10/1982 1 0 0 1 P34/85 9863 -96 -7367 4.42E „1 NOBBLITT JAMES W & REGINA A 101 LAFAYETTE DR HILLSBOROUGH NC 27278 # 1 PH 1 CORNWALLIS HLS L1 1880110 0.00 02/25/1999 38497 .92793 0 .131290 P34/85 9863 -97 -0241 4,44.13,19A RAY VERNON EARL & SUE M 118 OAKDALE DR HILLSBOROUGH NC. 27278 #81A B OAKDALE FARM A0.65 318/631 0.00 07/08/2004 27602 54272 0 81874 9863 -97 -1293 4,44.13,20 ISAACS CLIFFORD C & CLIFFORD C ISAA%12 OAKDALE DR HILLSBOROUGH NC 27278 #1 CLIFFORD C & BRENDA R A2 3557/325 0.00 .09/14/2004 131074 56352 0 187426 ISAACS P78/37 9863 -97 -1709 4.44.A.15B GRANITE/HILLSBOROUGH LLC PO BOX 1928 MT AIRY NC 27030 3 OAKDALE VILLAGE P103140 A3.30 4372/562 0.00 01/07/2008 0 0 0 0 co 11/3/2008 PIN TMBL OWNER OWNER2 ADDRESS CITY STATE ZIP . DESC1 SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 0 9863-97-3777 4.44A.15 GRANITE/HILLSBOROUGH LLC PO BOX 1928 MT AIRY NO 27030 1 OAKDALE VILLAGE P103 /40 A212 4372/562 0.00 01/0712008' 0 0 0 0 9863 -97 -5248 4.44.13.22 STATE EMPLOYEES CREDIPO BOX 26807 1000 WADE AVE RALEIGH NC 27611 1 & 2 STATE EMPLOYEES CREDIT A3.14 2714/145 11/06/2007 902750 644547 0 1547297 4A9A.2C UNION P102/187 ' 9863-97-7490 4.45..2C ' MOORE BOBBY RANDALL J& COO PROPERTIES$I?7 S 3RD STREET MEBANE NO 27302 #A CHARLES W DAVIS JR P59/149 A2.23 1051/261 300.00 11/1211992 519311 246296 0 765607 PO BOX 16625 CHAPEL HILL 9863 -97 -9149 4.458..1 OLD SOUTH INVESTMENTS 1640/142 PO. BOX 490 HILLSBOROUGH NO 27278 #1R THE OLD MILL P90115 A0.88 2887/306 0.00 02/12/2003 105600 320058 0 425658 9863 -98 -2019 4.44.A.15A GRANITE/HILLSBOROUGH LLC PO BOX 1928 MT AIRY NO 27030 2 OAKDALE VILLAGE P103/40 A1.07 4372/562 0.00 01/07/2008 0 0 0 0 9873 -04 -0973 4.42E..47 BROWN THOMAS J JR & PAULA D 114 POINTE PL HILLSBOROUGH NO 27278 #9 PH 2 CORNWALLIS HILLS L1 3123/116 ' 0.00 07/29/2003 41996 149887 0 191883 P451121 9873 -04 -1738 4.42E..48 ANDERSON WILLIAM JEPTI& TINA M 116 POINTE PLACE HILLSBOROUGH NO 27278 #10 PH 2 CORNWALLIS HLS L1 2459/351 340.00 12/19/2001 44374 123189 0 167563 P45/121 9873 - 044531 4,49A.3 BROWN MICHAEL T TR ETA& RUFUS B BLACKLM01 OLD NC 86 HILLSBOROUGH NO 27278 W/S SR 1009 A2.09 948/226 0.00 11/2611991 119547 38444 0 165991 9873 -04 -5166 4.49.A.2G OLD 86 COMMONS LLC P O BOX 850 HILLSBOROUGH NO 27278 W/S OLD HWY 86 A6.36 2047/58 08/18/2004 202982 70090 0 273072 9873-05 -0033 4.42E..46 SOULIER ALFRED G & JO 407 PATRIOT PLACE HILLSBOROUGH NO 27278 #8 PH 2 CORNWALLIS HLS L1 697/604 92.00 12/1111987 41996 108462 0 150458 P45/121 9873 -05 -0697 4.49.A.2E WAGNER ERNEST IRA 1916 MOOREFIELDS RD HILLSBOROUGH NO 27278 #1 OLD 86 COMMONS LLC P951176 A3.46 4395/414 278.00 10/19/2007 225516 5 0 225521 1711/148 9873 -05 -1814 4A9A.2C ORANGE WATER & SEWERAUTHORITY W/S SR 1009 A0.10 0 0 0 0 HB.TP 9873-05 -2972 4.49.6.1 OLD 86 EDD CORP PO BOX 16625 CHAPEL HILL NO 27516 #A BROWN & KNIGHT P79/19 A0.64 1640/142 0.00 10/03/1997 81648 30177 0 111825 EIS OLD 86 9873 -05 -3116 4.49A.2 WAGNER ERNEST IRA 1916 MOOREFIELDS RD HILLSBOROUGH NO 27278 #2 -8 OLD 86 COMMONS LLC A7.80 4395/414 0.00 10/19/2007 88920 0 0 88920 P95/175 9873 -05 -3777 4.49.B.2A BROWN EDMUND ROYCE & MARKITA P 0 BOX 950 HILLSBOROUGH NO 27278 03 BOBBY R ROBERTS L1 1711/148 60.00 04/03/1998 85008 23432 0 108440 9873-05 -3817 4.49.8.2 OLD 86 EDD CORP PO BOX 16625 CHAPEL HILL NO 27516 #B BROWN & KNIGHT P881190 A0.42 2382/328 0.00 10/02/2001 62648 28120 0 90768 11/3/2008 PIN TMBL OWNER OWNER2 -ADDRESS CITY STATE ZIP DESC1 SIZE DEEDREF TAXSTAMPS DATESOLD LANDVALUE BLDGVALUE USEVALUE VALUATION DESC2 9873 -05 -6322 4.49.13.4 BROWN MICHAEL T TR ETA& RUFUS B BA 2701 OLD NC 86 HILLSBOROUGH NC 27278 FJS SR 1009 A10 948/223 0.00 11/26/1991 269200 34967 0 304167 9873 -05 -7860 4.49.B.3 BROWN MICHAEL T TR ETA& RUFUS B BLACKLE2701 OLD NC 86 HILLSBOROUGH NC 27278 EIO SR 1009 . A3 9481229 0.00 11/2611991 124830 0 0 124830 9873 -06 -0807 4.45R..28 ALAMANCE BANK 1128 SOUTH MAIN ST GRAHAM NC . 27253 #28 PH 1A THE OLD MILL P73/174 A1.01 3657/473 0.00 11/23/2004 202000 502239 0 704239 9873 -06 -2921 4.45R..27 ORANGE COUNTY FARM BUREAU INC 516 VALLEY FORGE RD HILLSBOROUGH - NC 27278 #27 PH 1A THE OLD MILL P73/174 A0.99 4610/448 386.00 09/30/2008 118800 0 0 118800 9873 -07 -1242 4A5R..1A OLD MILL PROPERTIES LLC P O BOX 1904 GREENVILLE NC 27835 #2R THE OLD MILL P90115 A1.11 2075/517 03/1412002 133200 900932 0 1034132 9873 -07 -1422 4.45..1 ORANGE COUNTY BOARD OF EDUCATION EIS SR 1009 A1.75 0 0 0 0 HB TP 9873 -07 -2758 4.40.A.23A DEPARTMENT OF TRANSP( 1546 MAIL SERVICE CENTER RALEIGH NC 27966 EIS SR 1009 P49/6 A22.476 98/173 0.00 11/23/1987 0 0 0 0 N C HWY COMMISSION 9873 -14 -2180. 4.45..2M SLF II NC WATERSTONE LLSUITE 1750• 5949 SHERRY LANE DALLAS TX 75225 TR 500 WATERSTONE P100 /184 A13.30 3809/177 0.00 11/17/2006 665000 0 0 665000 9873 -15 -4550 4.45..2E MOREN HUGH & CAROLYN D 1202 HOLLANDIA PARK CIR HARTSVILLE SC 29550 A P94/149 P101/136 E/S OLD NC86 A62.74. 4242/33 0.00 03/22/2007 1448353 0 10476.5 10476.5 N 22 Attachment 6 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY ORANGE COUNTY Date: January , 2009 Applicant: Orange County The Orange County Board of Commissioners (hereafter "Board ") hereby approves a petition to amend the Orange County Zoning Atlas by rezoning from Economic Development- Limited Office -One (ED -LO -1) to Economic Development- Linear Office (ED -LNR) the following parcels: TRACT 1: 9863 -96 -5912, 9863 -96 -5768, 9863 -96 -5688, 9863 -96 -6573, 9863-96 - 4502,9863 -96 -3812, 9863 -97 -1293 TRACT 2: 9863 -95 -8966, 9873 -05 -1814, 9873 -05 -0697, 9873 -05 -3116 The property is further identified by the following descriptions: Tract 1: BEGINNING at a point, said common point being the southwest corner of Parcel 9863 -96 -4502 and northwest corner of Parcel 9863 -96 -3376; thence, north approximately 1,000 feet along the western property lines of Parcel 9863 -96 -4502, Parcel 9863 -96 -3812 and Parcel 9863 -97 -1293 to the northwest corner of Parcel 9863 -97 -1293, said corner falling in the southern right -of -way line of Oakdale Drive; thence, east approximately 200 feet along the right of way of Oakdale Drive to the northwest corner of Parcel 9863-97 - 1293; thence, south approximately 490 feet along the eastern property line of Parcel 9863 -97 -1293 to the northwest corner of Parcel of 9863 -97 -1293, said corner falling in the eastern property line of Parcel 9863 -96 -3812; thence, east approximately 300 feet to the western right -of -way line of Old NC 86; thence, south approximately 650 feet along the western right -of -way line, said line also being the common eastern property lines of Parcel 9863 -96 -5912, Parcel 9863 -96 -5768, Parcel 9863 -96 -5688 and Parcel 9863 -96 -6573 to the southeastern corner of Parcel 9863 -96 -6573; thence, west approximately 530 feet along the southern lines of Parcel 9863 -96 -6573 and Parcel 9863 -96- 2502 to the point and place of BEGINNING. (Said tract containing 8.83 acres more or less) Tract 2: BEGINNING at a point, said point being the northeast corner of Parcel 9863- 95 -8966 and lying at the western right -of -way line on Old NC 86; thence, south approximately 1,590 feet along the western right -of -way line of Old NC 23 Attachment 6 86, said line also being the eastern property lines of Parcel 9863 -95 -8966, Parcel 9873 -05 -1814, Parcel 9873 -05 -0697, and Parcel 9873 -05 -3116 to the southeast corner of Parcel 9873 -05 -3116; thence west approximately 200 feet along the southern property line of Parcel 9873 -05 -3116 to the common corner of Parcel 9873 -05 -3116, Parcel 9873 -04 -5166 and Parcel 9873 -04- 4531; thence, northwest approximately 50 feet to the common corner of Parcel 9873 -04 -5166, Parcel 9873 -05 -3116 and Parcel 9873 -04 -1738; thence north approximately 1180 feet along the western property line of Parcel 9873- 05 -3116 and Parcel 9873 -05 -0697 to the northeastern property corner of Parcel 9863 -95 -6694; thence west approximately 180 feet along the northern property line of Parcel 9863 -95 -6694 to the western property corner of Parcel 9863 -95 -6694 said corner falling in the eastern right -of -way line of Bonaparte Drive; thence, north approximately 120 feet along the western right -of -way line of Bonaparte Drive to the southwest corner of Parcel 9863 -95 -6863; thence, east approximately 160 feet to the southeast corner of Parcel 9863- 95 -6863, said corner falling in the property line of Parcel 9873 -05 -0697; thence, north approximately 410 feet along the western property lines of Parcel 9873 -05 -0697 and Parcel 9863 -95 -8966 to the northwest corner of Parcel 9863 -95 -8966 said corner falling in the eastern property line of Parcel 9863 -96 -5112 and also being the southwest corner of Parcel 9863 -96 -7169; thence, east approximately 400 feet along the common property line of Parcel 9863 -96 -7169 and Parcel 9863 -95 -8966 to the point and place of BEGINNING. (Said tract containing 12.68 acres more or less) In accordance with the Zoning Ordinance, the Board hereby makes the following findings as to the appropriateness of the petition: 1. That the petition has been processed to conform to the submittal requirements detailed within Article 20 of the Zoning Ordinance generally, and more specifically Section 20.3.2 d) which states, `The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas and /or Zoning Ordinance text amendment reasonably necessary to the promotion of the public health, safety and general welfare 2. That pursuant to Section 20.3.2 e) of the Ordinance, the Board finds that the petition is consistent with, and will carry out, the intent and purpose of the adopted Comprehensive Plan or part thereof including, but not limited to, the following: a. The purpose, intent, and goals of the Growth Management System adopted by the BOCC in 2003. This Ordinance shall become effective upon approval. This Ordinance shall be placed in the file of unpublished ordinances. Adopted by the Orange County Board of Commissioners this day of .2009. 24 Ayes: Noes: Donna Baker, Clerk to Board SEAL Date Attachment 6 Attachment 7 25 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO DENY AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY ORANGE COUNTY Date: January , 2009 Applicant/Owner: ORANGE COUNTY The Orange County Board Commissioners (hereafter "Board ") hereby DENIES a petition to amend the Orange County Zoning Atlas, submitted by Orange County by rezoning from Economic Development- Limited Office -One (ED -LO -1) to Economic Development- Linear Office (ED -LNR) the following parcels: TRACT 1: 9863 -96 -5912, 9863 -96 -5768, 9863 -96 -5688, 9863 -96 -6573, 9863 -96- 4502,9863 -96 -3812, 9863 -97 -1293 TRACT 2: 9863 -95 -8966, 9873 -05 -1814, 9873 -05 -0697, 9873 -05 -3116 The property is further identified by the following descriptions: Tract 1: BEGINNING at a point, said common point being the southwest corner of Parcel 9863 -96 -4502 and northwest corner of Parcel 9863 -96 -3376; thence, north approximately 1,000 feet along the western property lines of Parcel 9863 -96 -4502, Parcel 9863 -96 -3812 and Parcel 9863 -97 -1293 to the northwest corner of Parcel 9863 -97 -1293, said corner falling in the southern right -of -way line of Oakdale Drive; thence, east approximately 200 feet along the right of way of Oakdale Drive to the northwest corner of Parcel 9863 -97- 1293; thence, south approximately 490 feet along the eastern property line of Parcel 9863 -97 -1293 to the northwest corner of Parcel of 9863 -97 -1293, said corner falling in the eastern property line of Parcel 9863 -96 -3812; thence, east approximately 300 feet to the western right -of -way line of Old NC 86; thence, south approximately 650 feet along the western right -of -way line, said line also being the common eastern property lines of Parcel 9863 -96 -5912, Parcel 9863 -96 -5768, Parcel 9863 -96 -5688 and Parcel 9863 -96 -6573 to the southeastern corner of Parcel 9863- 96- 6573;'thence, west approximately 530 feet along the southern lines of Parcel 9863 -96 -6573 and Parcel 9863 -96- 2502 to the point and place of BEGINNING. (Said tract containing 8.83 acres more or less) Tract 2: BEGINNING at a point, said point being the northeast corner of Parcel 9863- 95 -8966 and lying at the western right -of -way line on Old NC 86; thence, south approximately 1,590 feet along the western right -of -way line of Old NC 26 Attachment 7 86, said line also being the eastern property lines of Parcel 9863 -95 -8966, Parcel 9873 -05 -1814, Parcel 9873 -05 -0697, and Parcel 9873 -05 -3116 to the southeast corner of Parcel 9873 -05 -3116; thence west approximately 200 feet along the southern property line of Parcel 9873 -05 -3116 to the common corner of Parcel 9873 -05 -3116, Parcel 9873 -04 -5166 and Parcel 9873 -04- 4531; thence, northwest approximately 50 feet to the common corner of Parcel 9873 -04 -5166, Parcel 9873 -05 -3116 and Parcel 9873 -04 -1738; thence north approximately 1180 feet along the western property line of Parcel 9873- 05 -3116 and Parcel 9873 -05 -0697 to the northeastern property corner of Parcel 9863 -95 -6694; thence west approximately 180 feet along the northern property line of Parcel 9863 -95 -6694 to the western property corner of Parcel 9863 -95 -6694 said corner failing in the eastern right -of -way line of Bonaparte Drive; thence, north approximately 120 feet along the western right -of -way line of Bonaparte Drive to the southwest corner of Parcel 9863 -95 -6863; thence, east approximately 160 feet to the southeast corner of Parcel 9863- 95 -6863, said corner falling in the property line of Parcel 9873 -05 -0697; thence, north approximately 410 feet along the western property lines of Parcel 9873 -05 -0697 and Parcel 9863 -95 -8966 to the northwest corner of Parcel 9863 -95 -8966 said corner falling in the eastern property line of Parcel 9863 -96 -5112 and also being the southwest corner of Parcel 9863 -96 -7169; thence, east approximately 400 feet along the common property line of Parcel 9863 -96 -7169 and Parcel 9863 -95 -8966 to the point and place of BEGINNING. (Said tract containing 12.68 acres more or less) In accordance with the Ordinance, the Board hereby makes the following findings as to the denial of the petition: 1. That pursuant to the Ordinance, the Board finds that the petition will not carry out Article 20.3.2 (d) which states: `The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas and /or Zoning Ordinance text amendment reasonably necessary to the promotion of the public health, safety and general welfare'. This Ordinance shall be DENIED. This Ordinance shall be placed in the file of unpublished ordinances: DENIED by the Orange County Board of Commissioners this day of , 2009. Ayes: Noes: Donna Baker, Clerk to Board SEAL Date ODQA • �oa�� 1 d cj Planning Director Craig Benedict said that in 1999 there was a re- zoning in this area that asked to exceed the five -acre limit and was turned down because there was no evidence in the change of conditions related to density. In 1999, it was discussed that the Comprehensive Plan would be updated in the coming years, and one of the first activities is to analyze the activity nodes that were developed in 1991 and find out the conditions that have changed. This needs to be reanalyzed. Chair Jacobs asked if there was a current septic problem and it was answered no. He said that he was confused about what was stated about modifications to NC 54. The information states that modifications "will be" made. Michael Harvey said that the information in the abstract is based on the application, which states that the improvements are pending. Steve Yuhasz said that when he started on this project in 2007, the plans had been published and were pending, but now they are completed. Chair Jacobs clarified that part of the original contention was the changes might have certain consequences, and now the applicant is saying that the changes have taken place and they did have consequences. Chair Jacobs said that the Board did talk about reexamining the rural activity nodes because they were too restrictive. He said that he would like to see some discussion of whether the circumstances have changed sufficiently that there needs to be an immediate fix, or whether as part of reevaluating the way in which activity nodes are going to cast, that the concerns that the applicant has could be addressed by the Land Use Plan implementation process. Steve Yuhasz said that, with respect to delay, the last rezoning was brought up in 1996 and the application was withdrawn pending a small area plan, which did not materialize. However, there is not an immediate need to approve this rezoning. He emphasized that it should move a little more quickly than the last suggestion that there be a small area plan. Vernon Davis said that the building was a 40's building and was a Masonic lodge. The bottom part was rented to a grocery store. During the time in 1940, DOT bought the right -of -way two different times and the building has already been moved one time. He said that it seems as if he is asking for an acre of commercial zoning, but he only wants a little more that the road took up so that he can conform to all of the County's standards. If he gets this approval, he will be legal on all points. His septic system has never failed. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to receive the rezoning petition; refer the matter to the Planning Board for a recommendation to be returned to the Board of Commissioners no later than January 8, 2009; and adjourn the public hearing until February 3, 2009 in order to receive and accept the Planning Board's recommendation. VOTE: UNANIMOUS 5. REZONING of several properties along Old NC Highway 86 from Economic Development — Limited Office One (ED -1-0-1) to Economic Development Linear Officer (ED -LNR). Planner Robert Davis made this presentation and gave some background. The district before the changes allowed all types of uses to go on all of the land. Staff created land uses that would be more specific to the quadrants. This item is to revisit the implementation of the land use ED -LO -1 that was written in 2003. This should open up the potential properties for potential uses. He gave specifics on what could be included in this designation. Staff is recommending approval, sending it back to the Planning Board for a recommendation, and that it come back at the second meeting in February. A Planning Board member asked clarifying questions about the wetlands and floodplain. He said that he does not know how there could be small plots without covering up the stream for parking, etc. Robert Davis said that there is a stream that goes up the back of the red line, which is also a buffered stream. There is not a lot of buildable area here. PUBLIC COMMENT: Debbie Braxton is a resident of Hillsborough, but was speaking as a Real Estate agent for Audrey Miller. Audrey Miller's property is listed at 2411 Old NC 86. There has been some interest in the purchase of her home for a small office and her property meets both of the zoning plans, but definitely meets the criteria of the proposed rezoning. The home is brick, which could be a small office with parking in the back. Her client is in favor of the rezoning. Sue Spaccarotella spoke on behalf of her mother, Audrey Miller. She said that her mom has decided to move after 59 years and her home is on the market. She said that they are now hopeful to sell the home with the amended rezoning. Robert Smith was representing his mother, who owns the land where Cornwallis Hills is. His mother needs to sell her property and they are in favor of the rezoning. He just wants to look out for his parents. Margo Pinkerton lives in Cornwallis Hills and said that she has a long history in planning. She said that the idea of small offices makes perfect sense for this land but there was a proposal on this property 18 months ago and the same concerns are current today. She said that one of the proposed changes in the zoning involves the buffers and this concerns her. She said that one acre of impervious surface produces 16 times more runoff than one acre of meadow. There is already flooding at the end of the neighborhood. She showed a picture of the flooding. She said that if buffers will be reduced and impervious surfaces are increased, the flooding will get worse. She asked if the Planning Board had consulted with the river keepers of the Neuse River. This is a very sensitive river with national sensitivity. She has concerns about parking behind buildings because the police cannot see what is going on behind buildings. She would urge parking in front or beside buildings. Jo Soulier lives in Cornwallis Hills. She said that last year the neighbors fought a medical complex because of the buffering and because the parking in the back of an office does not lend itself to safety. She agreed that parking should be offset to the side. She asked that the lower piece be a special tract where there is much discussion when a use comes up. Member of the Planning Board also gave their comments. Mary Bobbit Cooke asked how many times this area floods per year and the citizens said many times in the lower section (tract 2). Tommy McNeill asked clarifying questions and Robert Davis said that the impervious surface is the same for both designations, but the difference is the lot size. Robert Davis said that there is no requirement that parking go in the rear of the building. This is an area that Hillsborough would serve with water and sewer. Chair Jacobs said that there are tradeoffs here. He said that a six -story building located to the east of a residential neighborhood would be a big wall between the people and the morning sun. He spoke in favor of limiting access points and said that this proposal has nothing about limiting access points and in fact would make road capacity worse. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to receive the rezoning petition; refer the matter to the Planning Board for a recommendation to be returned to the Board of Commissioners no later than January 8, 2009; and adjourn the public hearing until February 3, 2009 in order to receive and accept the Planning Board's recommendation. VOTE: UNANIMOUS 6. ZONING ORDINANCE AMENDMENTS: Review of Zoning Ordinance Amendments, specifically to the Economic Development Design Manual, to revise existing buffer regulations. Michael Harvey made this presentation. Review of a petition to AMEND the Orange County Zoning Ordinance with respect to landscape standards within the Hillsborough EDD Issue: -Existing EDD landscape regulations do not allow for, or promote, the adaptive reuse of residential structures, -There is no flexibility in current landscape regulations allowing for a smaller buffer when a single - family residence is being used for a non - residential purpose -The required buffer reduces the available land area for the lot, -There is no incentive to preserve or use the existing structures. Proposal: With this amendment, staff is proposing the following: •Include a new landscape standard within the EDD Manual for professional offices proposing to utilize existing single - family residential structures, •Reduce the required landscaped area to twenty (20) feet, *Establish a minimum planting height for such landscaped areas, *Encouraged shared drive -way access and cross easements for shared parking -The amendment would create more useable space, -The reduced buffer would allow for the existing structure to be used for non - residential purposes, -The amendment would make it easier to preserve the aesthetic quality of roadway corridors within the Hillsborough EDD Staff Observations: *This proposal is similar to recent amendments to the Zoning Ordinance establishing the Efland Cheeks Overlay Zoning District (ECOD), *Staff believes we have an opportunity to preserve existing residential structures while allowing for them to be used for non - residential purposes in designated economic development districts. Staff Recommendations: •Receive the rezoning petition, *Conduct the PUBLIC HEARING and accept comments from all interested parties, •Refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners no sooner than January 8, 2009