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HomeMy WebLinkAboutAgenda - 05-29-2012 - C21 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: May 29, 2012 Action Agenda Item No. C -2 SUBJECT: Zoning Atlas Amendment — Woods Rezoning DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. Zoning Application Packet Glenn Bowles, Planner II 245 -2577 2. Rezoning Map Craig Benedict, Director 245 -2592 3. Notification Materials and Notification Certification PURPOSE: To hold a public hearing on an owner - initiated general rezoning petition in accordance with the provisions of the Unified Development Ordinance (UDO). BACKGROUND: On March 15, 2012 an application was submitted to the Current Planning Division to rezone approximately 0.58 acres land on two tax parcels. From: Rural Residential (R -1) and Neighborhood Commercial (NC -2) To: Neighborhood Commercial (NC -2) The proposed rezoning would eliminate the current R -1 zoning designation on a portion of the properties as described herein. Pertinent facts of the application include the following: Applicant: Ronald K. Woods 711 Pleasant Green Road Hillsborough, North Carolina 27278 Agent: Michelle Kempinski Summit Consultants 1000 Corporate Drive, Suite 101 Hillsborough, North Carolina 27278 -8551 Rezoning Location: The north side of US Highway 70 just east of its intersection with St. Mary's Road (SR 1002). Parcel Information: a. PINs — 9874 -68 -9326 and 9874 -78 -1414 and are legally described as Lots 3 and 4 of the Thomas Lee Merritt Subdivision (Book 50/ page 179). 2 b. Size of Parcels -- 1.71 acres. c. Zoning of Parcels -- Neighborhood Commercial (NC -2) and Rural Residential (R -1) d. Township -- Hillsborough e. Land Use Element Map Designation -- Commercial Transition f. Growth Management System Designation -- Urban. g. Existing Conditions -- The properties are used for access and parking for the Orange Garden Center directly to the east. A 33 -foot AT &T underground buried cable utility easement crosses the northern tip of the property. h. Access -- The properties have direct access onto US Highway 70 and driveway from St. Mary's Road. Surrounding Land Uses: a. North -- Single- family detached residences. b. East -- Single- family detached residences. c. South -- Single- family detached residences within the Town of Hillsborough's Extra - Territorial Jurisdiction with a vacant commercial building at the corner of St. Mary's Road. d. West -- The Churton Grove Center on the opposite corner and a gasoline service station Proposal: As detailed within Attachment 1, the purpose of the amendment is to extend the NC- 2 zoning designation over the two split zoned properties. Current NC -2 zoning district boundaries do not coincide with existing lot lines creating problems for the property owner with respect to compliance with established landscape standards as well as limiting available locations for septic systems to support non - residential development. Please refer to the vicinity map within Attachment 2 for additional detail. Approval of the zoning atlas amendment would align the NC -2 zoning district boundaries with the boundaries of the recorded lots. This amendment would also allow full use of each parcel, in support of the development requirements and privileges attributed to the NC -2 zoning district. Staff Analysis: In accordance with Section 2.8 of the UDO, the Planning Director is required to `cause an analysis to be made of the application' and pass that analysis on the reviewing body. In that respect the Planning Director states the following: 1. The application has been deemed complete in accordance with the requirements of Section 2.8 of the UDO. 2. The properties are of sufficient size to be rezoned to the NC -2 zoning designation. 3. The present use of the properties conforms to permitted NC -2 land uses. 4. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Land Use Element Map and the Growth Management Plan. The site has no environmental encumberances. 3 Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, 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 property owners within 500 -feet of affected properties; and a sign was posted on the US Highway 70 frontage of the affected properties, in accordance with State statutes. The notice was mailed on May 14, 2012. Attachment 3 includes the following: • A copy of notification letters for property owners within 500 -feet of affected properties (approximately 27 different owners), and • An affidavit attesting to the mailing of these notification postcards. FINANCIAL IMPACT: This rezoning request has been reviewed by County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. 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 August 21, 2012 BOCC regular meeting. 4. Adjourn the public hearing until August 21, 2012 in order to receive and accept the Planning Board's recommendation and any submitted written comments. APPLICANT INFORMATION: Date: 3 -12 -12 Applicant: Summit Design and Engineering Services (Michelle Kempinski) Address: 504 Meadowland Drive Hillsborough, NC 27278 PROPERTY SUBJECT TO REQUEST: . (7 _ OtI�- - Phone: 919- 732 -3883 Cell Phone: E -mail: michelle.kempinski @summit- engineer.com Parcel Identification Number (PIN): 9874 -68 -9326 and 9874 -78 -1414 Address of property: 1218 US 70 E and ` #3 THOMAS LEE MERRITT P50/179', Hillsborough, NC 27278 Owner of property: Ronald K and Phyllis B Woods Current Zoning Designation: NC2and R1 Requested Zoning Designation: NC2 ** If Applicant/Owner are different people, include a signed, notarized, statement indicating that the owner has authorized the applicant to submit the request. In cases where there are multiple property owners, please attach an additional document containing their signatures authorizing the submission of the application or other legal documentation establishing the applicants right to file on their behalf. ** SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (UDO) 1) A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule 2) A legal description of the property(s) proposed for rezoning 3) A list showing the names and addresses of all adjacent property owners within 500'feet of the subject property. 4) A detailed narrative denoting the following: a. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request. b. The changed, or changing, conditions (if any) that make the proposed amendment reasonable necessary to promote the public health, safety, and general welfare. c. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive Plan, 5) In cases involving amendments to the Special Flood Hazard Area Overlay District, applicants shall supply the following additional information in accordance with Section 2.8.3 (G) of the UDO: a. An elevation certificate with either an MT -1, MT -2, or MT -EZ (forms available through FEMA) or b. A `No- impact' analysis for a letter of map revision 6) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application. I (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas Amendment application and understand only completed applications, containing all information required by the Orange County UDO shall be reviewed and acted upon by the County. Further I (we) understand that any assistance I (we) may receive from County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does ' uarantee an approval of the proposed atlas amendment by the County. 4 5�AQ 4 ---> Applicant Date: Applicant Date 5 Application for Zoning Atlas Amendment: Reasoning for the Request Article 3, Section 3.1 of the Orange County Unified Development Ordinance states that The Land Use Element of the 2030 Comprehensive Plan identifies land use categories in which specific types of development are encouraged and a map depicting the geographic locations of the various land use categories. The purpose of this rezoning application is not to change the currently intended zoning category (NC2) of the properties listed, but simply to apply the intended zoning designation consistently across the extent of the recorded parcels' boundaries (the highlighted lots shown the map below). The intent of this rezoning application is to allow full use of each parcel to support the development requirements and privileges assigned to a parcel in the NC-2 zoning district. Orange County Zoning Atlas Amendment Request March 12,2012 Parcel P/N 9874-78-1414: +� i Mi:M•'d'v �� � `• Owner: Ronald K and Phyllis B Woods Total lot area: 26,769 sf, O > r \R4 Lot area zoned R1:8,540 sf(32%) Parcel P/N 9874-68-9326: Owner: Ronald K and Phyllis B Woods Total area: 47,851 sf, Lot area zoned R'1:16,540 sf(35%) NC 2 Zoning - n I d r_•,:, enf �\ R-1 Zoning .t GS�oF NC-2 zoning NC2 JIO�ena�a P/N 9874-7814'14 PIN 9874-689326 HdLL6o,eu9h- '':•t _ d ales \ yDpe 1;:.. F1A , ea•-:• ; KliflshoroEEgh Zoning {, rl::al:• con ex map-- — — P:a„nl SUS mr 06IG11 AIID ENGIIIEERING SERVICES The current Orange County Zoning Map indicates an intention to create a Commercial Activity Node (NC2) in this area; including these parcels and several adjacent parcels. These lots were/are intended to support cornrnercial uses allowed by the NC-2 zoning designation. However, the illustrated boundaries of the current zoning map do not coincide with the boundary lines of the lots that were intended to be included in the N-2 zoning district. 6 Application for Zoning Atlas Amendment: Names and Addresses of Adjacent Property Owners within 500' of Subject Property Orange County GIS image of properties within 500-feet of the subject properties. 'y �t :r i��. 7 Agent Authorization Form Property Legal Description: OC P/N 9874 -68 -9326 and 9874 -78 -1414 Property Owner: Ronald K Woods The undersigned registered property owners of the above noted property do hereby authorize Summit Design and Engineering Services (project contact Michelle Kempinski) to act on my behalf and take all actions necessary per the conditions outlined in the Professional Services Contract for the processing, issuance and acceptance of this rezoning application. Property owner's address: 711 Pleasant Green Rd., Hillsborough, NC 27278 Phone: 919- 732 -6393 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: 4Y40 Date �z Z, i JIr I ,� Orange County North Carolina I certify that the following person (s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Ronald K. Woods. Date: March 15, 2012 Charlene D. Toellen, Notary Public �,� ;yr,:.: • iris My commission expires: February 23, 2015 PUBS -�G rz O �' 9 Woods Rezoning Request Attachment a 4Y .. "N zt S A. y; P 40' �10 Lower En© RN M Unprotected ® � i 7' Watershed Hillsborough . J � Zoning . . ■■ ■.■ IN 0 Area of Interest � Water Bodies 1 in 80 It Parcels Streams Feet 0 26 50 Zoning ETJ Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.4116/2012 10 Attachment 3 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director C °4h Current Planning 131 West Margaret Lane (919) 245 -2575 P O Box 8181 (919) 644 -3002 (FAX) Hillsborough, www.co.orange.nc.us °V°"eo North Carolina, 27278 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Glenn R. Bowles, Planner 11 with the Planning and Inspections Department of 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 Mr. Ronald K. Woods to rezone 0.58 acres of land located on the north side of US Highway 70 just east of its intersection with St. Mary's Road in Hillsborough Township. The owners were identified according to the Orange County Tax Records and as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specify the date, place, and subject of the Public Hearing and were sent by certified mail. Witness my hand, the 14th day of May, 2012. v Glenn R. Bowles, AICP, CFM Planner 11 11 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245 -2575 (919) 644 -3002 (FAX) www.co.orange.nc.us 131 West Margaret Lane P O Box 8181 Hillsborough, North Carolina, 27278 May 18, 2012 Subject: EXPLANATION of recent correspondence concerning the proposed review of a REVIEW of a General Use Rezoning request submitted by Mr. and Mrs. Ronald and Phyllis Woods to rezone portions of their property along US Highway 70 to Neighborhood Commercial (NC -2) To Whom It May Concern: Recently you may have received numerous correspondence from the Orange County Planning Department, specifically a postcard and a certified letter, informing you of a pending public hearing for the review of a Zoning Atlas Amendment. Unfortunately it would appear that some of the information provided within these letters indicated that your property was part of a rezoning action and that staff was recommending changes to the zoning of your property. This letter serves 2 purposes, namely: Ensure that you fully understand that the County is not taking any action to amend the zoning of your property, and Reiterate the purpose of the public hearing and these various notifications Planning staff deeply apologizes for the confusion, which was created when language was included within previous correspondence indicating that the County was extending an overlay district, specifically the Special Flood Hazard Overlay District, onto your property. To be clear, the County is not engaging in an atlas amendment that would impact your property. Planning staff is not recommending that your property be located within the aforementioned overlay district and the zoning of your property is not subject to change. Again, we deeply apologize for the confusion that we have created. The item that is being reviewed at the May 29`h 2012 Quarterly Public Hearing is a General Use Rezoning, submitted by Mr. and Mrs. Ronald and Phyllis Woods (hereafter `the applicant') to rezone portions of their property located off of US Highway 70: FROM: Rural Residential (R -1) and Neighborhood Commercial (NC -2) TO: Neighborhood Commercial (NC -2) 12 The parcels in question are currently split zoned and are further described as follows: • Parcel A — a 26,769 square foot parcel with a Parcel Identification Number (PIN) of 9874 -78 -1414. Approximately 8,540 square feet of this property is currently zoned R -1. Parcel B — a 47,851 square foot parcel with a Parcel Identification Number (PIN) of 9874 -68 -9326. Approximately 16,540 square feet of this property is current zoned R- According to the application, Mr. and Mrs. Woods are requesting the rezoning to eliminate the existing split zoning situation and ensure that the properties are compliant with applicable regulations including, but not limited to, landscaping and buffering requirements, setbacks, parking, and ensuring required septic and repair areas intended to support non- residential operations are appropriately zoned. This request will not impact the use and/or development of your property. All this request will do is eliminate the current split zoning configuration of the Merritt properties and address their ability to develop said properties in accordance with applicable zoning regulations. As you own property within 500 feet of the Merritt properties subject to this petition, local and State regulations require the County to send you a notice of the hearing. As indicated in previous correspondence, the meeting to review this case is scheduled for Tuesday May 29, 2012 at 7:00 p.m. in the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough, North Carolina. If you have any questions concerning this request, please contact staff at (919) 245 -2575. Sin erely,_ L Mic ael D. Ha y, AICP, CFM, CZO Current Planning Supervisor Planner III Orange County 13 Dear Property Owner: -l*his notice is to inform you of an upcoming public hearing pertaining to proposed Zoning Atlas (map) changes. This notification is mailed to You 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. A petition was initiated by Mr. Ronald K. Woods to rezone some 0.58 acres of land located on the north side of US Highway 70 just east of its intersection with St. Mary's Road in Hillsborough Township. The rezoning is proposed in order to extend the NC-2 designation onto those portions of the two parcels that are presently zoned R-1 (Rural Residential). No project is proposed at this time. The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Tuesday, May 29, 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, May 18, 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 rezoning, you may call (919) 245-2575 during regular business hours and you will be directed to a staff person who can assist you. 14 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245 -2575 32 Suite 201 (919) 644 -3002 (FAX) P O Box 8181 www.co.orange.nc.us °��• ` °l°`' °o Hillsborough, NC 27278 May 14, 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 mailed to you in accordance with Article 2.8.7 of the Orange County Unified Development Ordinance. A petition was initiated by Mr. Ronald K. Woods to rezone some 0.58 acres of land located on the north side of US Highway 70 just east of its intersection with St. Mary's Road in Hillsborough Township. The rezoning is proposed in order to extend the NC -2 designation onto those portions of the two parcels that are presently zoned R -1 (Rural Residential). No project is proposed at this time. 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 that portion of your property being rezoning to be subject to Orange County flood damage reduction standards. The Orange County Board of Commissioners and Planning Board will hold a Joint Public Hearing on the proposed changes on Tuesday, May 29, 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, May 18, 2012: http: / /www.co. orange. nc. us /planning /SpecialProjects.asp 15 If you cannot attend the Joint Public Hearing and may chall (9 9)t252575 during eegular questions about the proposed rezoning, Y business hours and you will be directed to a staff person who can assist you. Sincerely, Craig N. Benedict, AICP Planning Director