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HomeMy WebLinkAboutMinutes 05-24-2010 APPROVED 8/17/2010 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING May 24, 2010 7:00 p.m. The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing meeting on Monday, May 24, 2010 at 7:00 p.m. at the DSS Building, Hillsborough Commons, in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: Pam Hemminger COUNTY ATTORNEY PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board David Hunt (All other staff inembers will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford and members Pete Hallenbeck, Tommy McNeill, Earl McKee, Jeffrey L. Schmitt, Mark Marcoplos, Judith Wegner, and Rachel Phelps Hawkins PLANNING BOARD MEMBERS ABSENT: May Becker, Mary Bobbitt-Cooke, Larry Wright, and Samantha Cabe A. OPENING REMARKS FROM THE CHAIR Chair Foushee called the meeting to order at 7:07 PM and asked everyone to observe the public charge. There was an order change of the agenda to cover item E-1 Non Public Hearing Items before item C-1 Public Hearing Items while waiting for a Planning Board quorum. B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS 1. REZONING - 3300 NC 54 West - To receive public comments on a proposed rezoning of a parcel of property at 3300 NC 54 West (TMBL 6.30B.8 / PIN 9749-50-0366) from Rural Residential One (R-1) to Neighborhood Commercial Two (NC-2). Planning Board Chair Brian Crawford introduced this item. Commissioner Yuhasz noted that he is involved in a professional relationship with the applicant in this manner and he had no part in preparing this application. Michael Harvey made a PowerPoint presentation. AGENDA ITEM: C-1 PUBLIC HEARING Review of a petition to REZONE a portion property at 3300 NC 54 West from Rural Residential One (R-1) to Neighborhood Commercial Two (NC-2) Property Vicinity Map: APPLICATION SPECIFICS: •Applicant: Vernon Davis •Address: 3300 NC 54 West •TMBL/ PIN: 6.30B.8/ 9749-50-0366 •Size of Total Parcel: 2.04 acres •Zoning: Rural Residential One (R-1) (1.36 acres) and Neighborhood Commercial Two (NC-2) (.68 acres) •Proposed Zoning Parcel: Neighborhood Commercial Two (NC-2) — 1.36 acres •Township: Bingham •Land Use Element Map (LUEM) Designation: White Cross Rural Community Activity Node Surrounding Land Uses: •NORTH: •Across NC 54: several commercial operations •SOUTH/EAST/WEST: •Predominately single-family residential land uses Node Boundaries: Request: •The septic system, and required repair area, supporting an existing non-residential general retail operation on the subject property are located on the residentially zoned portion of property, •Mr. Davis is concerned about his continued ability to have the septic system supporting his commercial operation on the residentially zoned portion of property, Request (continued): •Mr. Davis is seeking to rezone approximately 1.36 acres of the subject parcel to NC-2, •If the request is approved, the entire property will be zoned NC-2, •If the request is approved, the existing septic system and repair area will be properly zoned to support the existing non-residential operation. Zoning Officer Analysis: •Section 4.2.9 of the Orange County Zoning Ordinance limits the amount of land zoned NC-2 permissible within a Rural Community Activity Node to ten (10) acres, •There is currently 5.5 acres of NC-2 zoned property within the Node, •If approved this request will add 1.36 acres of additional NC-2 zoned property within the Node, expanding the total to 6.86 acres, •The Zoning Officer has determined there is sufficient available area to allow for the approval of the rezoning while complying with acreage limitations established within Section 4.2.9 Zoning Officer Analysis (continued): •The Zoning Officer agrees that the request is reasonable given the issues relating to the location of the septic system and further finds that the request is consistent with the requirements of the Ordinance. •Staff recommends approval of the request. 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 later than August 17, 2010 •Adjourn the Public Hearing until August 17, 2010 in order to receive the Planning Board's recommendation. Planning Board member Tommy McNeil arrived at 7:25 PM. Public Comment Perdita Holtz was speaking as a citizen. She said that she lives in the White Cross node and she is concerned about what Mr. Davis will do with the property. She does support non- residential development in this node, provided the uses serve predominantly the surrounding area. She said that the zoning ordinance states that LC-1 and NC-2 zoning districts are for limited commercial uses designed to serve the population at the neighborhood and rural level with convenience goods and personal services. It also states that the NC-2 zoning district would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the existing neighborhood. She said that recently a U- Haul operation was started on the Shell station property across NC 54. She said that U-Haul vans and trailers are being stored on the south side of NC 54 on the property zoned R-1 and is under consideration for the rezoning. She questions whether a U-Haul operation fits the state of intent of the LC-1 and NC-2 zoning districts. She said that she removed herself from the discussions in the Planning Department because she has a personal interest in this matter. Regarding her view as a citizen and an owner of fairly adjacent property, she said that sales and rentals of durable and convenience goods are permitted in those two zoning districts, however, sales and rentals of new and used motor vehicles are allowed only in GC-4 and the industrial districts. She said that if it is determined that a U-Haul rental operation is a permitted use in an NC-2 zoning district, she would like some sort of vegetative screen to be required to mitigate the impact of that outdoor storage component of the business. Teresa Smith is the owner of the retail business on land owned by Mr. Davis and the building that is designated as NC-2. She said that the U-Hauls were brought up as a concern and she believes that Mr. Davis has addressed this by moving them off the property. Right now, her understanding is that they really are just looking at the opportunity for the septic. She said that they are trying to build a community activity center there and this requires adequate septic. Commissioner Jacobs asked whether the Board was considering uses when it considers rezoning and Michael Harvey said no. Any use within the NC-2 zoning designation can be developed on any parts of the property being rezoned. Commissioner Yuhasz asked how much of this property would be required for a septic system and if this land (for septic system) is dedicated to the non-residential use, would there be any land left over or any possibility of using this for residential purposes. Michael Harvey said that there are existing septic lines and a repair area. He said that staff will be working with Mr. Davis on many different issues and septic will be one of them. Mark Marcoplos said that it would make sense for the Planning Board to just say at this meeting that everything is ok with this rezoning instead of bringing it back at another meeting. He said that this would save time. Commissioner Gordon explained the reasoning behind the process. The reason for scheduling the public hearing at one meeting and the decision by the Commissioners at a subsequent meeting is so that there will be adequate time for the public to receive notice of the public hearing and provide input, and adequate time for the public to study the course of action which is recommended after public comments are considered. This is done to help ensure the process will remain transparent. A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to receive the zoning petition, refer the matter to the Planning Board with a request that a recommendation be returned to the County Board of Commissioners in time for the August 17, 2010 BOCC regular meeting, and adjourn the public hearing until August 17, 2010 in order to receive the Planning Board's recommendation and any submitted written comments. VOTE: UNANIMOUS D. ADJOURNMENT OF PUBLIC HEARING A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to adjourn the public hearing portion of the agenda at 7:38 p.m. VOTE: UNANIMOUS E. NON-PUBLIC HEARING ITEMS 1. Update on Unified Development Ordinance (UDO): Staff will present for BOCC consideration a revised timeline for completion of the UDO. Planning Director Craig Benedict introduced the staff team for the UDO— Michael Harvey, Tom Altieri, and Perdita Holtz. He said that this is a reorganization of the different subdivision and zoning ordinances and it has been quite a task. He made a PowerPoint presentation. UNIFIED DEVELOPMENT ORDINANCE (UDO) UPDATE UDO - UPDATE �WORK TO DATE ■UDO Staff Team ■Internal peer review is on-going on existing sections of the Zoning Ordinance being revised as part of the UDO ■New Codes (i.e. parking, signage, stream buffers, outdoor lighting, Conditional Use). �CONSULTANT ■Consultant review- format and organization. ■Consultant recommendations •Numbering •Location of Articles •How-to user manual �ADVISORY BOARD INPUT ■Specific sections forwarded to various advisory boards for review and comment •March of 2010 •Commission for the Environment, Economic Development Commission, Parks and Recreation, and OUTBoard. �PLANNING BOARD INPUT ■The Planning Board began reviewing draft sections of the UDO in February of 2010. ■Review occurring every month. ■Additional outreach meetings •June 2010 •Local groups, most notably the North West Triangle Chapter of the North Carolina Society of Surveyors and Orange County/Hillsborough Chamber of Commerce. •Home Builders Association tentatively scheduled. �TIME SCHEDULING �Public Hearing moved from August 23 to November 22 �BOCC Work Session/UDO input added in August 23 �Planning Board pre-recommendation in August �UDO adoption early 2011 Commissioner Gordon asked about the outreach from August 9 to13. She expressed concern that with school being out that it might not be well attended. Craig Benedict said that they would try and have some outreach in mid-June to see how many people are interested in asking questions. He said that he would think about moving the August dates around. Commissioner Pelissier made reference to some of the other advisory boards and asked if some of these should be looking at certain sections of the UDO to give feedback, especially regarding the `rural agricultural enterprises' or `ag support enterprises.' Craig Benedict said that part of the conditional use work that will be wrapped into the UDO will set up the process by which agricultural support enterprises could come forward. He does not want to make it more difficult by focusing on the detail of each use. A motion was made by Commissioner Yuhasz, seconded by Commissioner Jacobs to accept the update from staff regarding the UDO and approve the proposed modifications to the timeline for the project as recommended. VOTE: UNANIMOUS (6-0) Valerie Foushee, Chair David Hunt Deputy Clerk to the Board