HomeMy WebLinkAboutAgenda - 05-29-2012 - C3I
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 -3
SUBJECT: Zoning Atlas Amendment— Merritt 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 Maps 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 0.83 acres land on 2 parcels of property:
FROM: Rural Residential (R -1) and Neighborhood Commercial (NC -2)
TO: Neighborhood Commercial (NC -2)
The proposed rezoning would eliminate the current the R -1 zoning designation on a portion of
the properties as described herein.
Pertinent facts of the application include the following:
Applicant: Thomas L. Merritt
220 Staff 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.
Parcel Information: a. PINs — 9874 -68 -7542 and 9874 -68 -9620 and are legally described
as Lots 1 and 2 of the Thomas Lee Merritt Subdivision (Book 50/
page 179).
b. Size of Parcels -- 2.11 acres.
c. Zoning of Parcels -- Neighborhood Commercial (NC -2) and Rural
Residential (R -1)
d. Township -- Hillsborough
e. Future 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 bisects
the northern one -third of the property.
h. Access -- The properties have direct access onto US Highway 70
and driveway from St. Mary's Road (SR 1002).
Surroundinq 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 an
adjacent 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.
This rezoning application is adjoins the Woods rezoning directly to the east, and except for the
acreages and lot size, both are identical in purpose and intent. 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.
5. The site has no environmental encumbrances.
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 36 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:
Attachment 1
Phone: 919 -732 -3883
Cell Phone:
E -mail: michelle .kempinski@summit- engineer.com
Parcel Identification Number (PIN): 9874 -68 -7542 and 9874 -68 -9620
Address of property: ` #I THOMAS LEE MERRITT' and ` #2 THOMAS LEE MERRITT', Hillsborough, NC 27278 Sgo 171
Owner of property: Thomas Lee and Barbara A Merritt
Current Zoning Designation: NC2 and RI 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 it guar tee an approval of the proposed 9tf amendment by the County.
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 PIN 9874-68-9620:
Owner: Thomas L and Barbara A Merritt
Total lot area: 60,063 sf
0. 1
_. Lot area zoned R1:32,277 sf(53.7%)
PUCGC4
Parcel PIN 9874-68-7542:
Owner: Thomas L and Barbara A Merritt
Total area: 31,716 sf
Lot area zoned R1:4,005 sf(12.6%)
./ NC-2 Zoning
E=
+fl•+.•., _ _ R-1 Zoning u
PIN 9874-68-9620aSem \
�S IN 9874-68-754
cl. NC2
o _
NC- z I
Vhf HAI h iiml
Hillsborough Zoning
A
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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
commercial 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.
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5
7
Agent Authorization Form
Property Legal Description: OC P/N 9874 -68 -7542 and 9874 -68 -9620
Property Owner: Thomas L Merritt
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: 220 Stagg Road, Hillsborough, NC 27278
Phone: 919- 732 -3250
We hereby certify that the above information submitted in this application is true and accurate to the
best of our knowledge.
Date: AK
Authorized Signature: A %�%�Z-
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: Thomas
L. Merritt.
Date: March 15, 2012
t
Charlene D. Toellen, Notary Public
My commission expires: February 23, 2015
E:]
ORANGE COUNTI
PLANNING and
INSPECTIONS
DEPARTMENT
131 West Margaret Lane
Hillsborough, North Carolina
27278
(919) 245 -2600
(919) 644 -3347 Fax
Craig N. Benedict, AICP, Director
Y
i' aE
RECEIPT
Copy Reprinted on 05 -08 -2012 at 08:44:07
05/08/2012
RECEIPT NUMBER: R12- 000921
TO: MERRITT THOMAS LEE
PERMIT ##: ZAA12 -0006 TYPE:
Zoning Atlas Amendment
SITE ADDRESS:
PARCEL: 9874689620
TRANSACTION DATE:03 /16 /2012TOTAL
PAYMENT: 3,030.00
TOTAL PAID FROM CURRENCY:3, 030.00
TRANSACTION LIST:
Type Method
Description
Amount
---- - - - - -- ----- - - - - -- --- - - - - --
------------------ ------ - - - - --
Payment Check 3293
3,030.00
XXXX - XXXX -XXXX- TOTAL:
3,030.00
ACCOUNT ITEM LIST:
FEE DESCRIPTION
ACCOUNT CODE CALCULATED FEES
ORANGE COUNT!
PLANNING and
INSPECTIONS
DEPARTMENT
131 West Margaret Lane
Hillsborough, North Carolina
27278
(919) 245 -2600
(919) 644 -3347 Fax
Craig N. Benedict, AICP, Director
RECEIPT
REZONING REQUEST
10620003 -430 3,030.00
Total: 3,030.00
Balance Due: $0.00
RECEIPT ISSUED BY:MHARVEY INITIALS:
MDH
ENTERED DATE:03 /16/2012 TIME:
10:13 AM
Please retain this receipt for
your records.
10
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G[S Map Prepared by Brian Carson.4J16/2012
ORANGE COUNTY PLANNING & INSPECTIONS
Craig N. Benedict, AICP, Director
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Current Planning
(919) 245 -2575 u 52
(919) 644 -3002 (FAX)
www.co.orange.nc.us '' °r,� Ls<
12
Attachment 3
DEPARTMENT
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Glenn R. Bowles, Planner If 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. Thomas L. Merritt to
rezone 0.83 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.
Glenn R. Bowles, AICP, CFM
Planner If
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 644 -3002 (FAX)
www.co.orange.nc.us
13
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. Thomas
and Barbara Merritt 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 291h 2012 Quarterly Public Hearing is a
General Use Rezoning, submitted by Mr. and Mrs. Thomas and Barbara Merritt (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)
14
The parcels in question are currently split zoned and are further described as follows:
• Parcel A — a 60,063 square foot parcel with a Parcel Identification Number (PIN) of
9874 -68 -9620. Approximately 32,277 square feet of this property is currently zoned
R -1.
Parcel B — a 31,716 square foot parcel with a Parcel Identification Number (PIN) of
9874 -68 -7542. Approximately 4,005 square feet of this property is currently zoned
R -1.
According to the application, Mr. and Mrs. Merritt 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.
Sincerely,
Mic _-H , AICP, CFM, CZO
Current Planning Supervisor
Planner III
Orange County
Dear Property Owner: 15
This notice is to inform you of an upcoming p g 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 by the proposed
rezoning. es a p p ed
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
A petition was initiated by Mr. Thomas L. Merritt to rezone some 0.83 acres of land located on the north side of U
Highway 70 just east of its intersection with St, Mary's Road in Hillsborough Township. The rezoning is p ro osed in
order to extend the NC-2 designation onto those portions of the two parcels that are presently zoned R- 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 addre ss
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 f=
May 18, 2012: http://www.co.orange.nc.us/planning/SpecialProjects.asp ridgy
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 ca
assist you.
n
16
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
8c9Mat , i °49
Administration ,p 131 W. Margaret Lane
(919) 245 -2575 m 31 Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us to Cate, 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. Thomas L. Merritt to rezone some 0.83 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:
hftp://www.co.orange.nc.us/planning/SpecialProjects.asp
17
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,
Sri
Craig N. Benedict, AICP
Planning Director