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Home My WebLink AboutORD-2006-099a - Gilmour Zoning Atlas Amendment (RezoningORANGE COUNTY BOARD OF COMMISSIONERS ef),R ' C�ao4 ° Z) 99 fi AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 20, 2006 Action Agenda Item No. C.1 SUBJECT: Gilmour Zoning Atlas Amendment (Rezoning) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Rezoning Application 2. Legal Description 3. Location Map 4. GIS Map of Property with zoning 5. List of Adjacent Property Owners INFORMATION CONTACT: Name Phone Number Craig Benedict, Director 245 -2592 Robert P Davis, Planner III 245 -2580 Michael D. Harvey, Planner II 245 -2607 PURPOSE: To hold a public hearing on a petition submitted by Brian and Lydia Gilmour to rezone a portion of their property at 6500 Yarborough Road (TMBL 3.54..2A) from Existing Commercial -V (EC -5) to Agricultural Residential (AR). BACKGROUND: The Gilmour property, approximately seventeen (17) acres in area, is located within the Cheeks Township, is zoned both AR and EC -5, and is within the Haw Creek Unprotected Watershed. The EC -5 zoned portion of the property is approximately nine tenths (0.9) of an acre with direct frontage along Yarborough Road. The Orange County Land Use Element defines Yarborough Road as a Major Local road, meaning that it is primarily designed to serve as access to adjacent land uses and that the majority of traffic in the area is locally generated. The total tract acreage and the petitioned property is designated Agricultural Residential on the Orange County Land Use Element Map. EC -5 is a commercial zoning district that was created to allow commercial uses, located outside of designated commercial nodes, that were in operation at the time the County adopted comprehensive zoning regulations to be considered conforming uses of property. The EC -5 portion of the Gilmour's property is vacant and in reviewing the history of the property's use with the applicant, staff has discovered that there has never been a commercial land use on the property. According to the applicants they have no intention or interest in developing a commercial use on their property and would like to have the EC -5 portion of their property rezoned to AR. �� „; ,. i. .. Oitt )it S ...:;F ..i)is.`!i:?.'�. €E i 'f.-..:R?£).'ithuC iz::a ^;i�gc•ivi:: is 2i'iidia;:ne:r tir ii *s luae�ir: � u.:::.:Tet rit; �?;xtr:::;� :,;aJrcn;i 'v:rn 0 i >; ii. 2 REQUEST: Staff recommends rezoning the EC -5 portion of the property to AR based on the following: 1. A valid request has been submitted by the property owner, 2. The request proposes to eliminate an EC -5 zoned portion of property where there is no evidence that a commercial use existed, 3. The request would establish a zoning designation, and allow for potential future development, that is consistent with existing development trends, 4. The request is consistent with the general development standards outlined within the Orange County Land Use Element and Land Use Element Map, 5. The request is consistent with an ongoing initiative by the Current Planning division of the Planning Department to identify and correct improperly zoned properties on the Orange County Zoning Atlas. FINANCIAL IMPACT: No County financial impact at this time with human resources being used from existing departmental staff. RECOMMENDATION: Administration recommends that the proposed rezoning request be referred to the Planning Board for a recommendation to be returned to the County Board of Commissioners no sooner than February 6, 2007. ...::. Pt Vii- it.� .:,7: , ,at:.aat' i. ;ir fs ?:?v;•.'�)i.i) i'u ?> +.�. , erarin_:;;;tior .., C�f);iv ::;�.... >.. ;:er,rl;i €�;.4}�clr!er Y . );1i- ...siiilS; 'S:75fl:i ^: IiiiQAlIii' Nov CURRENT PLANNING DIVISION Application For Orange County Planning & Inspections Planned Development District P.O. Box 8181 Hillsborough, NC 27278 Zoning Atlas Amendment 919 245 -2575 FAX 919 644 -3002 1. I (We) 91,0 iT. �� f.t.�{� Owner CASE# of Si?0 i'drsiivl�c%L �� dye ! q zb _ 7 gig s6 .� -AZ. q Street Address City State Zip Code Telephone do hereby petition to amend the Zoning Atlas of Orange County. 2. By reclassifying from the Zoning District C� to the Zoning District 3. The property located 0/ �-() a P 911rlu c/ 1t %T_ V and having frontage(s) along bordering streets as follows 4. Containing 0,7 acres. 5. TMBL(s) PIN #(s) 1 -"',-3 5 — 6. Intended use(s) of the property: (Please attach on a separate sheet any additional information about the intended use or any special conditions to which the petitioner wishes to be bound) 7. Owner(S) S lgnature(s): We acknowledge the provisions in the Zoning Ordinance for general use�d planned ejg teed with a planned development zoning petition. 8. If the petition is executed by property owner, but an attorney or an agent will handle public speaking, etc., please indicate: Attorney or Agent Street Address City State Zip Telephone 9. Notification signs will be prepared and posted by the Planning Staff when the rezoning application is scheduled for Public Hearing. The required legal advertising is also handled for you by the Planning Staff. PLEASE MAKE AN APPOIINTNIENT FOR SUBMITTAL OF YOUR APPLICATION IMPORTANT: Only Applications with original signatures are considered complete. Faxed Applications NOT accepted. 3 4 LEGAL DESCRIPTION ZONING CHANGE CHEEK TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA BEGINNING AT A POINT IN THE CENTERLINE OF YARBOROUGH ROAD(NCSR -1138 A 60' WIDE PUBLIC RIGHT -OF -WAY) AND AT THE NORTHEAST CORNER OF CAUDELL WAYNE CLARK(DEED BOOK 244, PAGE 1094, ORANGE COUNTY REGISTRY), THENCE RUNNING ALONG THE CENTERLINE OF YARBOROUGH ROAD N65 °36' 12 "E A DISTANCE OF 200.00 FEET TO A POINT, THENCE LEAVING THE CENTERLINE OF YARBOROUGH ROAD AND RUNNING THROUGH THE INTERIOR OF BRIAN P. GILMOUR(DEED BOOK 282, PAGE 913, ORANGE COUNTY REGISTRY) THE FOLLOWING COURSES AND DISTANCES; S24 °03'08 "E A DISTANCE OF 200.00 FEET TO A POINT, THENCE RUNNING S65 °36' 12 "W A DISTANCE OF 200.00 FEET TO A POINT IN THE EASTERN LINE OF CAUDELL WAYNE CLARK, THENCE RUNNING ALONG THE COMMON LINE OF CAUDELL WAYNE CLARK AND BRIAN P. GILMOUR N2.4 003'08 "W A DISTANCE OF 200.00 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING AN AREA OF 40,000 S.F., AND BEING COMMERCIALLY ZONED EC -5, A PORTION OF AN EXISTING 18.793 ACRE LOT, BRIAN P. GILMOUR. r ire • rcezoning & y�i ��] � 5:j�3 w :�✓'� a- • rcezoning from DMmercico' to MM mrs • ..- - .. . ._•. .. - 1. _ _e �,. - -, � Nip �,R ��,, i r 1 ra !:t . i r ,r' TMBL OLDPIN PAGE 1 OF I OWNER ADDRESS OWNER2 CITY 10/3/2006 STATE ZIP 7 3.54..4 BENDER BRIAN CHRISTOPHER & CANDACE FAY .2409 BUCKHORN RD MEBANE NC 27302 3.54..4A 9833540192 2505 BUCKHORN RD MEBANE NC 27302 3.54..17 BUCKHORN RIFLE & PISTOL CLUB INC 9833431441 1929 US 70E HILLSBOROUGH NC 27278 3.54..21 CLARK CAUDELL WAYNE & ROBIN G 9833228553 4881 WESTLAKE DR SE CONYERS GA 30208 3.54..2 CLARK SUE F & ROBIN G 9833247702 4881 WESTLAKE DR CONYERS GA 30094 3.54.3 DEFRIESS RAYMOND D 9833446631 .2409 BUCKHORN RD MEBANE NC 27302 3.54..4A GILLAND JEANNIE T 9833540331 2501 BUCKHORN RD MEBANE NC 27302 3.54..2A GILMOUR BRIAN P & LYDIA M 9833344614 6500 YARBOROUGH RD MEBANE NC 27302 3.54..1 G JACKSON MARK H & ROBIN G 9833365183 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54..1F JACKSON MARK H & ROBIN G 9833351814 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54..1H JACKSON MARK H & ROBIN G 9833359475 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54.. 1R JACKSON MARK H & ROBIN G 9833358360 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54..1A JACKSON MARK H & ROBIN G 9833259340 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54..1P JACKSON MARK H & ROBIN G 9833258130 6315 YARBOROUGH RD MEBANE NC 27302 -8258 3.54..1E JACKSON WILLIAM L & JUDY 9833354113 6400 YARBOROUGH RD MEBANE NC 27302 -8259 3.54..1C ROGERS KEVIN LEE 9833452294 6214 YARBOROUGH RD MEBANE NC 27302 3.54.30 SHAMBLEY MORRIS LEE 9833457577 2609 MT WILLING RD EFLAND NC 27243 -9125 3.54..1J STERN ALAN J & MAXINE S 9833254290 1201 DAMASCUS CH RD CHAPEL HILL NC 27516 -8324 3.54..1 SYKES BETTY J 9833143146 3214 SOUTH JIM MINOR RD HAW RIVER NC 27258 -9793 3.54..16D TIME WARNER NY CABLE LLC 9833436858 290 HARBOR DR STAMFORD CT 06902 / i 3.54..IF i 3.54..IA �3.54JJ 3.54..IP i 3 �j 21 %% 3.54..21 1H 3.54..1E 1 / N J IRA 3.54..2A i 3.54.160 / This map contains parcels prepared for the inventory of real propety within N re wx Orange County, and is compiled from recorded deed, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the 1:4800 Tart Twm+NpTert information contained on this ma The coup and its mapping companies assume P• lif PP 9 P 4 H T no legal responsibility for the information contained on this map. .CRY TKt inr7Y1lYG I(^/ll 11'1'fV � � C _� APPROVED 1/23/2007 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING November 20, 2006 7:30 p.m. C-J The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing on Monday, November 20, 2006 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Valerie Foushee, Moses Carey, Jr., and Alice M. Gordon COUNTY COMMISSIONERS ABSENT: Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoff Gledhill COUNTY STAFF PRESENT: Interim County Manager Rod Visser, and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Jay Bryan and Members Crauford Goodwin, Michelle Kempinski, Sam Lasris, Renee Price - Saunders, Judith Wegner, and Jeffrey Schmitt PLANNING BOARD MEMBERS ABSENT: Brian Dobyns, Bernadette Pelissier, Joel Knight, Sandra Johnson - Quinn, Brian Crawford NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE A. OPENING REMARKS FROM THE CHAIR Chair Jacobs called the meeting to order. He asked Planning Board Chair Jay Bryan to preside over the public hearing. B. PUBLIC CHARGE The Planning Board Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS Planning Director Craig Benedict said that there will be six public hearing items on this agenda. There are also four informational items. Craig Benedict introduced Planner Michael Harvey to address the first item. 1. Zoning Atlas Amendment: Request by Brian and Lydia Gilmour to rezone a portion of their property at 6500 Yarborough Road (TMBL 3.54.2A) from Existing Commercial -V (EC- 5) to Agricultural Residential (AR). Planner Michael Harvey introduced this item. He said that EC -5 was created at the advent of comprehensive Countywide zoning in an effort to make existing commercial operations conform to ordinance requirements. Mr. Gilmour approached staff about the possibility of subdividing his property, and it was discovered that a portion of the property was zoned EC -5. Mr. Gilmour expressed concern and shock since there is no commercial operation on the property. Staff did research and could not determine why a portion of this property was ever zoned EC -5, as there has never been a commercial operation to begin with. In talking with a neighbor, staff was informed today that she believes that the previous owner in the early '80's had requested to operate a gunsmith and gun shop operation on the property. Staff believes that an EC -5 was designed in order to allow that business to develop, and it was not developed. Staff recommended that Mr. Gilmour submit a zoning atlas amendment to correct the problem. Staff is recommending that this property be rezoned to AR. Chair Jacobs argued that a pasture is not vacant property. He suggested saying that it is undeveloped instead of vacant because "vacant" is a real estate term. There was no public comment. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to refer the proposed rezoning request to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than February 6, 2007. VOTE: UNANIMOUS 2. Hillsborough and Orange County Strategic Growth Plan Report: A Town of Hillsborough and Orange County Steering Committee has worked for the past year with the assistance of planning consultants to prepare the Strategic Growth Plan. The Plan is intended to clarify the most desirable rate, timing, and location for growth occurring over the next 20 years within and around the Town of Hillsborough. Jay Bryan recognized Hillsborough Town Commissioner Mike Gering, who was in attendance. Craig Benedict recognized Clarion Associates, who will do a PowerPoint presentation. Also, Hillsborough Planning Director Margaret Hauth was in attendance. This is a joint project with the Town of Hillsborough that was partially funded by Orange County and Hillsborough about a year ago. A steering committee was formed to develop recommendations, which are included. The Town of Hillsborough will be having a public hearing a week from this meeting starting at 6:30 p.m. at the F. Gordon Battle Courtroom. Roger Walden from Clarion Associates gave a PowerPoint presentation. HILLSBOROUGH - ORANGE COUNTY STRATEGIC GROWTH PLAN Building on Past and Current Work - Orange and Hillsborough Land Use Plans - 2001 Water -Sewer Boundary Agreement - Hillsborough Vision 2010 - 2005 Urban Transition Task Force - Existing Interlocal Agreement - Churton Street Corridor Study - TDR Study Goals of the Plan - Preserve and Enhance Core Areas - Preserve Cultural and Natural Resources - Coordinate Growth with Water /Sewer - Grow in a Fiscally Responsible Way ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 12, 2006 SUBJECT: Gilmour Zoning Atlas Amendment (Rezoning) d JR I�L) - 'ZIneeo - D 1� 4 A Action Agenda Item No. 5 - -1- DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Draft Minutes — Nov. 20, 2006 QPH 2. Application Materials 3. Notes from Dec. 6, 2006 PB Meeting INFORMATION CONTACT: Michael Harvey, Planner II, 245 -2607 Robert Davis, Planner III, 245 -2580 PURPOSE: To consider approval of a petition by Brian and Lydia Gilmour to rezone a portion of their property from Existing Commercial -V (EC -5) to Agricultural Residential (AR). BACKGROUND: At the November 20, 2006 Quarterly Public Hearing, a petition by Brian and Lydia Gilmour to rezone a portion of their property from Existing Commercial -V (EC -5) to Agricultural Residential (AR) was presented. The Gilmour's own approximately 17 acres located at 6500 Yarborough Road (TMBL 3.54..2A, PIN 9833344614). The EC -5 portion of the Gilmour's property contains 0.9 acres and is undeveloped. In reviewing the history of the property's use with the applicant, staff determined that there has never been a commercial land use on the property. According to the applicants, they have no intention or interest in developing a commercial use on their property and would like to have the EC -5 portion of their property rezoned to AR. No comments were received from the public on this item. The Planning Board considered this item at their meeting on December 6, 2006 and voted unanimously to recommend approval of the rezoning request. FINANCIAL IMPACT: No County financial impact at this time with human resources being used from existing departmental staff. RECOMMENDATION(S): The Administration recommends APPROVAL of the proposed rezoning request. 6' _ (::�) 7q 1 .qL Agreement with UNC School of Public Health for Biosolids Application Study This item was removed and placed at the end of the consent agenda for separate consideration. h. Approval of Contract to Purchase Real Property — Paydarfar Tract This item was removed and placed at the end of the consent agenda for separate consideration. i. Acceptance of Purchase Contract Assignments from the Triangle Land Conservancy The Board authorized the acceptance of the two purchase contract assignments from the Triangle Land Conservancy; the purchase of approximately 25 acres of land located along New Hope Creek from the Trinity Schoolof Durham and Chapel Hill; and the County Attorney and staffs from ERCD and Finance to schedule and complete a closing on the property expected to occur on or before December 31, 2006; the granting of a conservation easement to the State of North Carolina on or before January 31, 2007; and the Chair and Clerk to sign the conservation easement, subject to final review by staff and County Attorney. L Ethics and Conduct for County Public Servant Policy The Board was to consider an Orange County Policy establishing ethics and conduct for County public servants. THIS ITEM WAS REMOVED FROM THE AGENDA TO BE CONSIDERED AT A LATER MEETING. k. Schools Adequate Public Facilities Ordinance (Schools APFOI —Approval of Membership and Capacity Numbers This item was removed and placed at the end of the consent agenda for separate consideration. 1. Gilmour Zoning Atlas Amendment (Rezonina The Board approved a petition by Brian and Lydia Gilmour to rezone a portion of their property from Existing Commercial-V (EC-5) to Agricultural Residential (AR). VOTE ON CONSENT AGENDA: UNANIMOUS _q. Agreement with UNU bcnooi or iugnc memin Tor blOS0110S Al3piwation §IqdyThe Board considered approving an agreement with the UNC School of Public Health for a pilot study of a bio-solids application site in Orange County subject to final approval by UNC and County Attorney review, and authorizing the Chair to sign. Commissioner Jacobs said that he pulled this to bring attention to it. As the document points out, Orange County is tenth in the State for sites on which bio-solids are applied. County government has no control or authority in these matters. Some citizens have raised concerns about the safety of this, and this agreement should address some of the concerns. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the agreement, subject to final approval by UNC and County Attorney review, and authorized the Chair to sign the agreement. VOTE: UNANIMOUS h. Approval of Contract to Purchase Real Property — Paydarfar Tract The Board considered approving a contract to purchase a 10 -acre tract of land from David Paydarfar for an addition to the future Millhouse Road park property and authorizing the Chair to sign, subject to final review by staff and County Attorney, with closing expected to occur on or before February 28, 2007. Commissioner Jacobs pointed out that the County is purchasing another ten acres that adjoin the Blackwood Farm on Millhouse Road, which will be a 79-acre park. He understands that this ten-acre parcel will free up some of the area for multiple soccer fields. He thinks that