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HomeMy WebLinkAboutORD-2012-031 Ordinance Amending the Zoning Atlas - Woods Rezoning 40-it - Zcti-8--1 1 Ordinance #.•2012-031 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO.), and WHEREAS, This petition seeks to rezone approximately 0.55 acres of land on two parcels of property off of US Highway 70 owned by Mr. Ronald Woods identified further with the Parcel Identification Numbers (PINS) 9874-68-9326 and 9874-78-1414 from Rural Residential (R-1) to Neighborhood Commercial (NC-2), and WHEREAS, the portions of property to be rezoned are identified further as follows: BEGINNING at a mathematical point at the southwest corner of Lot 4 Plat Book 50, page 179 referenced above in the northeast right of way line of US 70 Bypass; thence leaving the right of way line of US 70 Bypass and running along a line bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 59.88' to a mathematical point in the centerline of US 70 Bypass; thence along and with the centerline of US 70 Bypass bounded on the southwest by Hillsborough zoning and bounded on the northeast by Orange County Zone R-1 N. 46° 07' 30" W. 59.90' to a mathematical point; thence leaving the centerline of US 70 Bypass along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 59.88' to a mathematical point in the northeast right of way line of US 70 Bypass; thence leaving the northeast right of way line of US 70 Bypass and continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 175.00' to a mathematical point in the southwest line of Lot 3 Plat Book 50, page 179 referenced above; thence continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R- 1 N. 77° 17' 00" E. 247.08' to a mathematical point in the northeast line of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the northeast line of Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 47° 10' 00" E. 60.63' to a mathematical point at the southeast corner of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the southeast line Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 248.40' to a mathematical point at the southeast corner of lot 4 Plat Book 50, page 179 referenced above; thence along and with southeast line Lot 4 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 175.00' to a mathematical point in the northeast right of way line of US 70 Bypass the place and POINT OF BEGINNING and being all of an area to be re-zoned from Orange County Zone R-1 to Orange County Zone NC-2 containing 0.55 Acres. 1 William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Design and Engineering Services, 504 Meadowland Drive, Hillsborough, NC 27278-8551 developed this legal description, which is based on data found in Plat Book 50, page 179 and zone line data scaled from Orange County GIS and does not represent an actual field survey, and: WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited to, the following: a. The Future Land Use Map. b. Principle 7,: Promotion of Economic Prosperity and Diversity. c. 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. d. Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses. e. 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. f. Obiective 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. and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the property as described herein to Neighborhood Commercial (NC-2). BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. om fJ Upon motion f C missioner seconded by Commissioner the foregoing ordinance was adopted this 9 day of 2012. 1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 7,1 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of Jj elz 201�; E Clerk t6--fhg(Board of Commissioners �=ozr � r Z d�fJ- �Zol�-U3 / � �► C. Amendments to Unified Development Ordinance Text— Dimensional and Ratio Standards (UDO/Zoning 2012-11) Perdita Holtz, Planner with Orange County Planning Department, said this item was to consider adopting of UDO text amendments that would amend some of the dimensional and ratio standards in certain zoning districts applicable in commercial transition activity nodes and commercial industrial transition activity nodes. These new ratios would allow for greater intensity of development in areas of the county that are to be served by water and sewer systems or already are served in certain circumstances. These amendments were heard at the May 29th quarterly public hearing and the Planning Board considered its recommendation at the Planning Board's July 11th meeting. The Planning Board unanimously recommended the BOCC adopt the amendments. The Manager's recommendation tonight is for the BOCC to receive the Planning Board's recommendation of approval, to close the public hearing, and to decide accordingly. If BOCC adopts the amendments, the ordinance that would do so is attached in the Board's packets under Attachment 2. There were no public comments. Commissioner Jacobs said he had questions regarding local commercial and neighborhood commercial. He referenced page 3-20 and 3-22 and said it noted the setbacks adjacent to residentially zoned land shall be equal to the required side or rear setbacks in the adjacent residential district. He does not know what those are but for local commercial, which is typically a neighborhood or rural area, and where they're increasing the height of the building, a 35 foot high building is as tall as the tree line. He is concerned if it is at the back of a property adjoining residences it will be like a wall that blocks them off from whatever they have in their neighborhood that they may have wanted to be part of. Ms. Holtz stated she did not have all the setback requirements for all the residential zoning districts with her but most are at least 20 feet. There are not many side and/or rear setback requirements in residential zoning more than that. Commissioner Jacobs said he would not oppose this but suggested they have some drawing demonstrating what a 35 foot high building would look like against a 20 foot setback with a normal residence so they can get an idea of what the impact would be. Ms. Holtz said they could provide that. Commissioner Gordon said she wanted to understand the rationale. When they went through the first ones like I-C-1 and NC-2 and CC-3, looking at the column approximately halfway down, they keep a distinction between RCU and NRCU. However, when they get to GC4, it appears they get rid of the NRCU. She understands this was done because it's no longer necessary to differentiate between those categories and it is okay to have one number. Ms. Holtz referred the Board to the zoning matrix in the comprehensive plan on page 30 of their packets. She said I-C-1 and NC-2 zoning districts are allowed in a rural community and rural community activity node whereas GC-3 and CC-4 are not. Therefore, these are treated differently in the dimensional standards. Commissioner Gordon thanked her for the clarification. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger, to close the public hearing and adopt the ordinance contained in Attachment 2 which authorizes the text amendments. VOTE: UNANIMOUS d. Zoning Atlas Amendment—Woods Rezoning Michael Harvey with the Orange County Planning Department stated their request was to change the zoning on a parcel on Highway 70 owned by the Woods from Rural Residential (R1) to Neighborhood Commercial (NC2). He referenced a map on the overhead which was also a part of Attachment 2 in the packets. This showed the abstract of the area to be rezoned. This item was presented at the May 291h public hearing where the Staff informed them the property is currently in a split zone with some zoned Rural Residential and some zoned NC-2. The problem this creates for the property owner is that technically, setback landscape buffer requirements, parking requirements, and septic setback requirements, are all taken from the zoning lot line. The huge problem is having these two properties conform to applicable setback and development standards. As was articulated at the quarterly public hearing, this was done based on an interpretation of former County Attorney and former Staff to only zone those areas of property technically utilized to support commercial activities. The installation use of septic systems, the preservation buffer, and also the parking, are components of the commercial activity, and the entire property should be zoned appropriately to insure the protection of the preservation required buffers. It would also insure adequate land areas to support the development consistent with the parameters of the UDO. Mr. Harvey indicated the applicant and engineer consultant were present for questions. Mr. Harvey also stated a couple of comments were made at the quarterly public hearing concerning this item and that information was on page 2 of the abstract. The Planning Board reviewed this item at their June 6th meeting and voted unanimously to recommend approval. The Planning Department finds it consistent with the comprehensive plan and believes it's consistent with the goals and policies as articulated by this Board for trying to address similar issues. He noted they have had numerous rezoning cases to address this and will probably have several more. Mr. Harvey reiterated the Board was being asked to receive the Planning Board's recommendation, discuss the matter if any discussion is necessary, to close the public hearing, and to approve the zoning request as articulated in the ordinance in Attachment 3. Frank Clifton, Orange County Manager, said he'd had discussions with the owners of this property. The issue is trying to get the line straightened up with the property boundaries versus the zoning boundaries and related issues. It has been an expensive process for the owners due to having to have the entire property surveyed and the Orange County processing fees. Mr. Clifton suggested they challenge the Staff to look at areas where the zoning boundary and property boundary are off by some amount and initiate rezoning of those properties to correctly fix this type of situation and to help landowners avoid the expense and time involved in correcting these types of problems in the future. Chair Pelissier said they discussed this in agenda review and she was also concerned about these costs and the length of time of the process given there are a number of other properties. After making a motion for this, she said she would entertain a motion from the Board to direct the Manager to do what he is suggesting. A motion was made by Commissioner McKee, seconded by Commissioner Foushee, to close the public hearing and receive the Planning Board's recommendation, and to approve an owner-initiated Zoning Atlas Amendment to rezone approximately 0.58 acres of land on two parcels of property from Rural Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified Development Ordinance (UDO) as contained in Attachment 3. VOTE: UNANIMOUS Commissioner Jacobs said he would support the idea the Manager articulated. He suggested, however, that before Staff identifies specific parcels, they come back to the Board with parameters of what the parcels are and what they're going to be doing. Anytime someone gets a notice the County will be messing with something on their property, even if it's to help them, they need to be in agreement on what that is and what will be required because in many cases the property owner will still need a survey. He said they did not want to mislead or alarm people but does believe they should be proactive. A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to direct the Manager and Staff to review similar properties to this item for amendment and to come back with