HomeMy WebLinkAboutAgenda - 05-23-2011 - C7ORANGE COUNTY
BOARD of COMMISSIONERS AND
PLANNING G BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 23, 2011
Action Agenda
Item N¢ C.7
SUBJECT: Zonino Atlas Amendment — Eflad Area
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
1. Land Use And Unified Development
Ordinance 1 Amendment Outline
Form
2. Subject Parcels and Current and
Proposed Zoning Maps
3. notification Materials and Notification
Certification
INFORMATION CONTACT:
Craig Benedict, Director 245 -2592
381
PURPOSE: To hold a public hearing on a County initiated rezoning of 112.35 acres of
undeveloped land in the Efland area. The properties are currently zoned either Rural
Residential -1 or Agricultural Residential (AR). The proposed zoning district is
Office/institutional (0/1).
BACKGROUND: The fora in Attachment I contains additional information and analysis
regarding this County initiated rezoning. The naps in Attachment 2 shover the location of the
parcels, the current zoning, and the extent of the proposed Office /Institutional zone. no project
is proposed at this time. This `general use' rezoning is proposed in order to 'pre-zone' the area
for potential economic development projects. I should be meted that the actual parcel acreage
totals 112.35 acres but the zoning line extends to the center of adjacent rights—of—way (road or
railroad), as is the practice in Orange County.
The Parcel Identification Numbers PIN and owners of the five parcels are as follows;
Parcel Identification Number Acres owner
(PIN)
9554 -7 -4304 6.1 John Lindsay Efland I I I
9854 -16 -1576 90.73 Efland Simpson Heirs
9854 -36 -1253 2.02 Andrew B Lloyd, Jr.
9854-05-1970 4.58 Department of Transportation
9854-46-6706 (partial) 8.92 of 2060.38 acre Andrew B Lloyd, Jr.
parcel
382
Notification Procedural Requirements
In accordance with Section 2.8.7 of the Unified Development Ordinance, the public hearing for
this item was advertised consistent with the requirements of the Ordinance. Legal ads were
placed in two newspapers of general circulation in the County for two 2 successive weeks;
notices were mailed to affected property owners and property owners within 500-feet of affected
properties; and a total of 10 signs were posted in strategic areas of the affected area, in
accordance with State statutes. Attachment 3 includes the following:
Affected property owner notification letter
o Notification postcards .5" x 8.5" for property owners within Soo -feet of affected
properties (approximately 76 individual owners)
The proof of the notification signs (sign is 24" tali x 32" wide, mounted on a wire "H"
frame) and photos of a posted sign
map shoring locations of posted signs
FINANCIAL IMPACT: See Section C.3 of Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposal to amend the Zoning Atlas.
2_ Conduct the Public Hearing and accept public, B CC, and Planning Board comment on
the proposed amendment.
3. Refer the natter to the Planning Board with a request that a recommendation mendation be returned
to the Board of County Commissioners in time for the June 21, 2011 B CC regular
meeting.
4. Adjourn the public hearing until June 21, 2011 in order to receive and accept the
Planning Board's recommendation and any submitted wriften comments.
Attachment 1
383
LAND USA AND UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
o /ZONING 2011 -
AMENDMENT T I —VARIOUS CATEGORIES
1. Land Use and /or Zoning (Map and /or Text)
I.a Land e Text
I.b Land Use Map From:
T
Isc Zoning Text
1.d Zoning Map From: Dural Residential l I - and-.6gricultural Residential al
To: Office /Institutional (011) (See Map in Attachment 2
2. LIDO Development Standards
3. UDO Development Approval Processes
1. LIDO Minor Text Charges
RATIONALE
Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the Unified Development Ordinance,
the Planning Director has initiated an amendment to the Zoning Atlas to rezone
all undeveloped parcels of property north of Interst tes 86140, east of hilt. Willing
Road south of the railroad right-of-way, and west of the US 70 Connector. Four
undeveloped parcels and a portion of a fifth parcel totaling 112.35 acres are
proposed to be rezoned.
o Comprehensive Plan Linkage h.e. Principles, Goals and h'e tives
Princi le 7: Promotion of Economic Prosperity and Diversity
Economic Development ED ) Overarchina Goal: viable and sustainable economic
development that contributes to both property and sales tax revenues, and
enhances high- quality employment opportunities for County residents.
Objective E : Identify lands suitable to accommodate the expansion and growth
of commercial and industrial uses.
b`ctive D -2.; Consider industrial sites In Agricultural - Residential areas along
the U.S. 70/1-85 highway and rail corridor.
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of county services and facilities
sufficient to meet the needs of Orange county's population and economy consistent
with other Comprehensive Plan element goals and objectives.
b'ectly L.L.. .'I : Coordinate the location of higher intensity high density residential
Page 3. of
384
and non- residential development with existing or planned locations of public
transportation, commercial ial and community services, and adequate supporting
infrastructure i.e., grater and surer, high -speed i nternet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural resources. This
could be achieved by increasing allowable densities and creating new mixed -use
zoning districts where adequate public services are available.
Objective L -3. : Establish consistency between the Land Use Plan and the Water
and Serer Management Planning and Boundary Agreement and flap.
Objective LU -3,: : Create new zoning district(s) which allow for a r i sing. of
commercial ial rid residential uses, a mixing of housing types, and creates a more
pedestrian friendly development pattern. New districts should be applied In areas
where public services exist or are planned for in the future} in areas that promote
higher intensity and high density uses on the Lard Use Plan reap.
New Statutes and Rules
N/A
C, PROCESS
C-1 TIM EERAME MILESTONES /DEADLINES
. Setting of a Quarterly Public Hearing date
May 23, 2011
,, BOCC updates/checkpoints
April 14, 2011 - B CC work session
April 26, 201 1 — Chair Mice -Chair Manager review
May 3# 2011 -- Request for Legal Advertisement
May 17, 201 1 - B CC approval to proceed
C.2 PUBLIC INVOLVEMENT PROGRAM
Mission /Scope Public Hearing process consistent with NC State Statutes are
Orange County ordinance re ufrernens.
a. Planning Board Review
May 4, 2011 Briefing
June 1, 2011 (for recommendation)
b. Advisory Board Input
Economic Development Commission would be an appropriate advisory
board for this type of action when an board is reinstated
. Local Government Invitation
N/A
Page 2 of 4
d. outreach
d.. General Public
Public Hearing process consistent with NC State Statutes and 0 ran
County ordinance requirements
d *2 small Area Plan worlgroup
385
E-mail to the Efland-- Mebane Small Area Plan Implementation, Focus
Group MAP IFG with a link to the Item's materials on the we site
will be sent when materials are posted.
C.3 FISCAL I M PACT
Consideration and approval will not create the need for additional funding
for the provision of County services. Expenditures for this project have been
paid using Departmental funds budgeted for the specific activity.
Expenditures include:
o Legal Ad: approximately $287 for this item's portion of the entire legal ad
Signs! $345
o Kotification letters and postcards (postage and supplies): $38
Existing Planning staff included in the Departmental staffing budget
accomplished the work required to process this amendment.
D. AMENDMENT IMPLICATIONS
An i
As required under Section 2.8.5 of the orange County Unified Development ordinance, the
Planning Director is required to: "cause are analysis to be made of the application and, based
upon that analysis, prepare a recommendation for consideration by the Plar nIng Board and the
Board of ounty Commissioners". in analyzing this proposal, the following information is
offered:
1. Staff has been authorized by the Board of County Commissioners to pursue small area
plan implementation with a focus on economic development priorities. This proposed
rezoning conforms to the intent of the adopted Efland-Mebane Small Area Plan which
recommends this area for anon- residential and mixed use development.
2. The request for the amendment has been deemed complete in accordance with the
requirements of Section 2.8 of the Unified Development ordinance.
3. The properties subject to this rezoning are currently located within the Commercial-
Industrial Transition Activity Node land use category and Agricultural Residential land use
category as denoted on the Land Use Element Map of the Comprehensive Plan. The
portion of the parcels currently designated Agricultural Residential land use is proposed
Page 3 of 11
to be amended to be designated Commercial-industrial Transition Activity Node land use
by separate action.
4. This area of the county is served by the Orange- Alaman a Water System and is slated for
public sever service in the future. Both Services are consistent with the Water and
Sewer Management, Planning, and Boundary Agreement IIAS liP A . Attracting a non-
residential user(s) tot the area by pre-zoning the area could greatly assist with financing
serer improvements.
5. 'Pre-zoning" an area designates a specific general use zoning district to a parcel. Uses
rust be consistent with those allowed for the zoning district in the Table of Permitted
Uses (Section 5.2 of the D . By pre -- zoning an area, property owners can proceed with
development without a lengthy rezoning process but must still be in compliance with the
standards required for the specific zoning district, any additional specific Use Standards
(Article 5 of the D , the general development ent regulations required in Article 6 of the
D , and the requirements for the specific Watershed Protection Overlay Zone (Section
4.2 of the in which the parcel is located. Divergence from the adopted
development regulations cannot be required unless an applicant wishes to submit toa
conditional district rezoning process.
6. The area proposed for rezoning is adjacent to the interstate 85/40 corridor and US 70/1-
85 Connector v is is a four -lane road. Mt. Willing Road has an exit on the interstate
and will he on a transportation plan to be widened to an appropriate cross - section.
SPECIFIC M M N LANGUAGE
N/A for a Zoning Atlas Amendment
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Attachment 3 391
May 6, 2011
NOTICE OF PUBLIC HEARING
Zoning Atlas (Map) Arnondmonts
Dear Property Owner;
`this letter is to notify you of an upcoming public hearing pertaining to proposed Zoning
Atlas (Map) changes that affect your property. This rnotifi cat ion is oCCU rring i
accordance with Article 2-87 of the Orange COUnty Unified Development Ordinance.
Orange County is proposing to rezone all undoveloped parcels of load foLir entire
parcels and a portion of a fifth parcel) north of i t rst t 85140, east of Mt. Willing
Road, south of the railroad right-of-way, and vest of the 08 70 Connector (see included
snap). The parcels are curre ntly zoned either Rural Residetntl I R- or Agricultural
Residential R and total 11 2.35 acres in size. The proposed zoning district is
i e I ti ution l (0/1). The rezoning is proposed in order to "pre-zone" the area for
potential economic development projects. Your property, r a portion thoroof, is
proposed to bo rezoned to Off ico/Inatitutional.
Additionally, your property may be located within 500 -feet of other affected parsers. The
rezoning tion, if approved by the Board of County Commissioners, will result in
change to allowable uses that may be located on a parcel and to other zoning
regulations (such as dimensional and ratio standards) to which your property er ty iS Bra t.
The Orange County Board of Commissioners and Planning Board will mold a Joint .
Public Heaping n the proposed changes on Monday, May 23, 2011 at 7:00 p.m. at
the Dep a r me nt of So cia 18erv1 ces located at 113 Mayo Street (H i I Is b oroug h Corr mon
Shopping Center) in Hillsborough, North Carolina. Interested persons are invited to
address the boards with their (comments regarding the proposed rezoning at this Joint
Public Hearing.
Maps and other information regarding the proposed zoning change can be viewed at
the following in e it after Monday, May 9, 2011:
http://www.co.orange.nc.us/pIanning/SpeciaIProjects.asp
392
If you cannot attend the ,Joint Public Hearing and the website does not answer YOUr
questions about the proposed rezoning, you may call (919) 245 -2575 during regular
business er r and YOU will be directed to a staff person who can assist you.
Sinceroly,
C.
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Craig N. Benedict} AIGP
Planning Director
Zoning n ndme n - Subject Parcels
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cr..RTirICATION OF MAILING
ONING ATLAS AMENDMENT
ORANGE COUNTY, NORI"N CAROLINA
i, Perdita Holtz, Planning Systerns Coordinator with Orango Counter, North Carolina, DO
- HEREBY CERTIFY that in accordance with the provisions of Section 2.8. 7 of the Orange
County Unified Development Ordinance I have mailed, or have caused to mailed, a
Notice of Public F searing to be held regarding the processing of a Zoning Atlas Amendment
petition initiated by Orange COU ty to rezone 112.35 acres of rep r y located north of
I ter t tes 85140, east of Mt. Willing Road, d, ou f the railroad right-of-way, and west of the
S 70 Connector to i e /In it ti nal.
The owners were identified according to the Tax Records grid as required y 8ection 2.8.7
of the Orange County Unified Development rdina .
The mailed notice specified the date, time, place grid subject of the Public Hearing.
MITTENS ray hand, this 61" day of May 2011.
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�rdita Holtz, A6
Planning Systems Coordinator
399