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HomeMy WebLinkAboutAgenda - 02-27-2012 - C3ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: February 27, 2012 Action Agenda Item No. C -3 SUBJECT: Zoning Atlas Amendment — Buckhorn- Mebane Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Land Use And Unified Development Ordinance (UDO) Amendment Outline Form 2. Current and Proposed Zoning Map and Future Land Use Map 3. Notification Materials and Notification Certification INFORMATION CONTACT: Craig Benedict, Director 245 -2592 Perdita Holtz, Planner III 245 -2578 PURPOSE: To hold a public hearing on a County initiated rezoning of approximately 232 acres land in the Buckhorn- Mebane area. The properties are currently zoned either Rural Residential (R -1) or Agricultural Residential (AR). The proposed zoning district is Office /Institutional (0/1). BACKGROUND: The form in Attachment 1 contains additional information and analysis regarding this County initiated rezoning. The zoning map in Attachment 2 shows the location of the parcels, the current zoning, and the extent of the proposed Office /Institutional zone. A 2030 Comprehensive Plan Future Land Use Map of the general area is also included for reference purposes. 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. The Parcel Identification Numbers (PIN) and owners of the affected parcels are as follows: PIN Owner Acreage Current Zoning District 9824459890 W H Wilson Family Investment Group LLC 53.12 AR 9824460140 W H Wilson Family Investment Group LLC 1.79 AR 9824465282 W H Wilson Family Investment Group LLC 4.6 AR 9824467162 Hawfields Presbyterian Church Inc Mebane NC Presbyterian Church USA 1.35 AR 9824540748 Jane D Williams Trustee 56.48 AR 9824744824 Fraudie C Hunter Jr 13.44 AR 9824961908 Byrd Family Limited Partnership 8.9 R -1 9834058903 Margie S Lloyd 6.54 R -1 9834059397 Byrd Family Limited Partnership 0.82 R -1 9834069071 Byrd Family Limited Partnership 5.87 R -1 PIN Owner Acreage Current Zoning District 9834073088 Byrd Family Limited Partnership 27.89 R -1 9834152994 Margie S Lloyd 10.98 R -1 9834173345 Eunice E Carden, et al 5.02 R -1 9834257896 Charles Michael Bowman 3.81 R -1 9834261132 Charles M Bowman 28.02 R -1 9834351819 Piedmont Properties 1.9 R -1 9834354830 Piedmont Properties 0.55 R -1 9834354839 Piedmont Properties 0.58 R -1 9834354937 1 Piedmont Properties 1 0.57 R -1 The Planning Director has met with the vast majority of property owners and the majority (over 177 acres) support the rezoning process. Some are undecided as of this writing and wish to monitor the zoning change progression of the willing owners of neighboring properties. 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 11 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 (9 individual owners) • Notification postcards (5.5" x 8.5 ") for property owners within 500 -feet of affected properties (approximately 110 individual owners) 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, BOCC, and Planning Board comment on the proposed amendment. 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the April 17, 2012 BOCC regular meeting. 4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Attachment 1 3 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE LIDO / Zoning- 2012 -05 A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: --- To: - -- ® Zoning Map: From: AR (Agricultural Residential), R-1 (Rural Residential) - To: 0/1 (Office /Institutional) - - ❑ Other: Text Amendments ❑ Comprehensive Plan Text: Section(s): ❑ UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes Section(s): ❑ Other: B. RATIONALE 1. Purpose /Mission In accordance with: • the BOCC directive to focus staff efforts on economic development and small area plan implementation - related issues, and • the provisions of Section 2.8 (Zoning Atlas and Unified Development Ordinance Amendments) of the Unified Development Ordinance, the Planning Director has initiated text an amendment to the Zoning Atlas to rezone 1 4 approximately 232 acres land in the Buckhorn- Mebane area. The parcels are located in a Commercial- Industrial Transition Activity Node (CITAN) and the rezoning is being proposed to prepare the area for eventual non - residential development. 2. Analysis As required under Section 2.8.5 of the Orange County Unified Development Ordinance, the Planning Director 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'. In analyzing this proposal, the following information is offered: 1. Staff has been directed 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 non - residential and mixed use development. 2. The proposed rezoning further carries out Orange County actions over the past two years which included amendments to the Water and Sewer Management, Planning, and Boundary Agreement to designate this area as "Primary Service Area" and which changed the land use classification of a portion of this area to Commercial - Industrial Transition Activity Node (CITAN). (Note: a portion of this area has been designated CITAN on the Future land Use Map for many years). 3. The request for the amendment has been deemed complete in accordance with the requirements of Section 2.8 of the Unified Development Ordinance. 4. This area of the county is located within Orange County's "Primary Service Area" as designated in the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA). The County is currently working with the City of Mebane on a revised interlocal agreement to provide water and sewer services to this area. In addition, sewer infrastructure planning for this area is well underway. 5. 'Pre- zoning' an area designates a specific general use zoning district to a parcel. Uses must be consistent with those allowed for the zoning district in the Table of Permitted Uses (Section 5.2 of the UDO). 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 UDO), the general development regulations required in Article 6 of the UDO, and the requirements for the specific Watershed Protection Overlay Zone (Section 4.2 of the UDO) in which the parcel is located. Divergence from the adopted development regulations cannot be approved or required unless an applicant wishes to submit to a conditional district rezoning process. 6. The area proposed for rezoning is adjacent to the Interstate 85/40 corridor. Access to the Interstate is currently via an interchange at Buckhorn Road; however, the construction of an interchange at Mattress Factory Road is part of an ongoing study by the Burlington- Graham Metropolitan Planning Organization (BGMPO). This study is the first step on potentially adding an interchange to state transportation improvement plans. Additionally, a future interchange at 2 Mattress Factory Road is depicted on the Access Management Plan for the area which was adopted by the BOCC in Fall 2011. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Principle 7: Promotion of Economic Prosperity and Diversity Economic Development (ED) Overarching 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 ED -2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses. Land Use Overarchinq 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. Objective LU -1.1: Coordinate the location of higher intensity / high density residential and non - residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high -speed internet 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. 4. New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed November 1, 2011 b. Quarterly Public Hearing February 27, 2012 c. BOCC Updates /Checkpoints February 7, 2012 — approval of legal ad d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and 3 5 N Orange County ordinance requirements. Planning Department staff has conducted several area property owner meetings in 2011 to discuss future development in the area (including water and sewer infrastructure). a. Planning Board Review: March 7, 2012 (recommendation) b. Advisory Boards: N/A c. Local Government Review: N/A d. Notice Requirements Legal ad will be published on February 15 and 22, 2012. Mailed notification to adjacent property owners (as defined in UDO) were mailed on February 10, 2012. Signs will be posted on affected properties no later than February 17, 2012. e. Outreach: ® General Public: Consistent with NC State Statutes and Orange County ordinance requirements. ❑ Small Area Plan Workgroup: ❑ Other: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. There may be increased pressure to install water and sewer service in the area in order to provide viable economic development site. Expenditures for this rezoning project have been paid using. Departmental funds budgeted for this activity. Expenditures included the legal ad and notification letters /postcards. Planning staff repurposed signs the Department kept after previous projects that required signs. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS Pre - zoning an area will eliminate the need for a project applicant to go through a rezoning process when a project is proposed (assuming the proposed use is permitted 4 by right). A site plan review process for projects permitted by right is conducted by Planning staff in accordance with Section 2.5 of the UDO. All relevant development standards contained in the UDO must be met by the applicant in order to receive site plan approval. Property owners are sometimes concerned about the property tax implications of a rezoning. The County's Tax Administrator has indicated to Planning staff that until land sales of similarly situated (and zoned) properties happen or taxable building activities take place, the appraised value of a parcel would not be affected solely because of the rezoning. E. SPECIFIC AMENDMENT LANGUAGE Not applicable for a Zoning Atlas amendment. Primary Staff Contact: Perdita Holtz, Planner III Planning Department (919) 245 -2578 pholtz @co. orange. nc. us 5 7 8 Buckhorn EDD Area - Current and Proposed Zoning it 'i l I i I I I I i I i i Attachment 3 13 ORANGE COUNTY PLANNING 8t INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration r '131 W. Margaret Lane (919) 245-2576 17w, Suite 201 (9-19) 644-3002 (FAX) P 0 Box 8181 www.co.orange.nc.us Hillsborough, NC 27278 CERTIFICATION or MAILING ZONING ATLAS AMENDIVIEN-l' ORANGE COUNTY, NORTH CAROLINA 1, Perdita Holtz, Planning Systems Coordinator with Orange County, 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 be mailed, a Notice of Public Hearing to be held regarding the processing of a Zoning Atlas Amendment petition initiated by Orange County to rezone 232.23 acres of property located South of Interstates 85/40, east of Ben Wilson Road, north of Bowman Road and West -fen Road, and west Of BLIckhorn Road to Office/institutional. The owners were identified according to the Tax Records and ag reClUired by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this I oth clay of February 2012. Perdita Holtz, A IPP Planning Systems Coordinator 14 15 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245-2575 17 52 Suite 201 (919) 644-3002 (FAX) P O Box 8181 www.co.orange.nc.us °rrh cat. Hillsborough, NC 27278 li February 10, 2012 NOTICE OF PUBLIC HEARING Zoning Atlas (Map) Amendments 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 notification is occurring in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance. Orange County is proposing to rezone 19 parcels of land south of Interstates 85/40, east of Ben Wilson Road, north of Bowman Road and West Ten Road, and west of Buckhorn Road (see included map). Thirteen (13) of the parcels, totaling 101.45 acres, are currently zoned Rural Residential (R-1). Six (6) of the parcels, totaling 130.78 acres, are currently zoned Agricultural Residential (AR). The proposed zoning district is Office/Institutional (0/1). The rezoning is proposed in order to "pre-zone" the area for potential economic development projects. Your property is proposed to be rezoned to Office/Institutional. Additionally, your property may be located within 500-feet of other affected parcels. The rezoning action, if approved by the Board of County Commissioners, will result in a 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 is subject. The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Monday, February 27, 2012 at 7:00 p.m. at the Department of Social Services located at 113 Mayo Street (Hillsborough Commons 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 website after Friday, February 17, 2012: http://www.co.orange.nc.us/planning/SpecialProjects.asp 16 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 hours and you will be directed to a staff person who can assist you. Sincerely, Craig N. Benedict, AICP Planning Director Buckhorn EDD Area - Current and Proposed Zoning L�-- _L n _ /jJ-fCity eMebane -T1 Y � 7r:_t� I [�— APE!-I t•721JAp - _�onrirw DR ` ? Haw Creek t Tom- •� I, 4! Wa#ershed Unprotected Watershed S AR City LimRs EC 0�J S EC;-2 ds Q Watershe NJC_ t} - __ 7, I �, �.• mzgorTransporta'Son Corridor 0 1'. h •.l j-- YY >•� ` " ",e Orange County Planning Department 17 ' P.O. Box 8181 Hillsborough, NC 27278 NOTICE OF PUBLIC HEARING ®` °4c • fay9f Orange County Planning Department u u P.O. Box 8181 Hillsborough, NC 27278 NOTICE OF PUBLIC HEARING DearlPeroperty Owner: This notice is to inform you of an upcoming public hearing pertaining to proposed Zoning Atlas (map) changes. This notification is occurring in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance. You are receiving this notice because you own property located within 500 -feet of parcels affected by the proposed rezoning. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. Orange County is proposing to rezone 19 parcels of land south of Interstates 85/40, east of Ben Wilson Road, north of Bowman Road and West Ten Road, and west of Buckhorn Road. Thirteen (13) of the parcels, totaling 101.45 acres, are currently zoned Rural Residential (R -1). Six (6) of the parcels, totaling 130.78 acres, are currently zoned Agricultural Residential (AR). The proposed zoning district is Office /Institutional (0/1). No project is proposed at this time. The rezoning is proposed in order to "pre- zone" the area for potential economic development projects. The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Monday, February 27, 2012 at 7:00 p.m. at the Department of Social Services located at 113 Mayo Street (Hillsborough Commons 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 website after Friday, February 17, 2012: hftp: / /www.co. orange. nc. us /planning /Specia[Projects.asp 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 hours and you will be directed to a staff person who can assist you. Dear Property Owner: This notice is to inform you of an upcoming public hearing pertaining to proposed Zoning Atlas (map) changes. This notification is occurring in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance. You are receiving this notice because you own property located within 500 -feet of parcels affected by the proposed rezoning. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. Orange County is proposing to rezone 19 parcels of land south of Interstates 85/40, east of Ben Wilson Road, north of Bowman Road and West Ten Road, and west of Buckhorn Road. Thirteen (13) of the parcels, totaling 101.45 acres, are currently zoned Rural Residential (R -1). Six (6) of the parcels, totaling 130.78 acres, are currently zoned Agricultural Residential (AR). The proposed zoning district is Office /Institutional (0/1). No project is proposed at this time. The rezoning is proposed in order to "pre- zone" the area for potential economic development projects. The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Monday, February 27, 2012 at 7:00 p.m. at the Department of Social Services located at 113 Mayo Street (Hillsborough Commons 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 website after Friday, February 17, 2012: http: / /www.co. orange. nc. us /planning /SpecialProjects.asp If you cannot attend the Joint Public Hearing and the website does not answer your questions about the proposed "ezoning, you may call (919) 245 -2575 during regular business hours and you will be directed to a staff person who can assist you.