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HomeMy WebLinkAboutORD-2012-032 Zoning Atlas Amendment - Woods Rezoning Ordinance 4:. 2012-032 Attachment 4 013 AN ORDINANCE DENYING AN AMENDMENT REQUEST TO 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 0.58 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 parcels are further identified through the following legal description: 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 comer 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 0.58 Acres. 014 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 not been adhered to, and WHEREAS, pursuant to Sections 1.1.5, 1.1.7, and 2.9.1 (E) of the LIDO and to Section 153A- 341 of the North Carolina General Statutes, the Board finds that the applicant has submitted insufficient documentation within the record denoting that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof. and WHEREAS, the Board has found the proposed zoning atlas amendment will not promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County hereby denies the applicants request to amend the Orange County Zoning Atlas to rezone the aforementioned parcels to Neighborhood Residential (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. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this 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 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 2012. SEAL Clerk to the Board of Commissioners a"- VeJ/ ,7 - d3 2 .9-z/ -/.z d. Zoning Atlas Amendment—Woods Rezoning dd 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 29th 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 parameters for expediting and simplifying the process that may be more closely conformed to the simplest zoning and land use that relates to their property. VOTE: UNANIMOUS Commissioner Gordon reiterated it was very important they come back with the overall parameters without coming back with properties at the same time. e. Zoning Atlas Amendment— Merritt Rezoning Glen Bowles with the Planning Department stated Merritt Rezoning is very similar to the Woods matter. It's a split zone with the two parcels directly to the west. They also join the utility easement to the north and a convenience store to the west which is also zoned NC2. He requested the Board consider the Planning Director's and Staff's recommendation, the recommendation of the Planning Board from their June 6th meeting, they close this public hearing, and take the appropriate action to approve this. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee, to close the public hearing and approve the Planning Director's and Staff's recommendation, and approve an owner- initiated Zoning Atlas Amendment to rezone approximately 0.83 acres of land on 2 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 f. Zoning Atlas Amendment—Application of Special Flood Hazard Overlay District to Parcels Associated with the Orange-Alamance County Line Adjustment Glen Bowles said because of the shifting in and out of the line along the common border with Alamance County, some flood hazard areas came into the county and some went out into Alamance County. They had to rezone and place the flood hazard overlay district upon that. They have three areas of the county involved and although there was not very much land involved, they still had to go through the process of rezoning them. He asked the Board to consider the recommendation for approval by the Planning Staff and Planning Board, close this public hearing, and take appropriate action. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz, to close the public hearing and approve a Planning Director initiated Zoning Atlas Amendment to apply the Special Flood Hazard Area (SFHA) Overlay District designation on parcels associated with the revised Orange-Alamance County line as contained in Attachment 3. VOTE: UNANIMOUS 7. Regular Agenda a. Conservation Easement for Thompson Farm Rich Shaw, Land Conservation Manager with the Department of Environment, Agriculture, Parks and Recreation (DEAPR) stated that Mr. Thompson could not be present. However, Mr. Thompson's attorney, Andrew Brannon, was present. Mr. Shaw told the Board Orange County is collaborating with other property owners to complete an agricultural conservation easement on the Thompson farm. The Thompson farm is 57 acres and is located in the northwestern part of Orange County in the Cedar Grove community on Allie Mae Road. He displayed an aerial view of the property. This showed a variety of crop land and impoundments used to raise fresh water prawns. Mr. Shaw displayed a photograph of Joe Thompson who was recognized as Small Farmer of the Year two years ago. Mr. Thompson is a member of the Agricultural Preservation Board and his farm is enrolled in the voluntary agricultural district program. For 20 years, he and his wife, Geraldine, raised tobacco on this farm but have converted the farm to raise fresh water prawns and have been very successful. Mr. Shaw displayed various photo views of the farm, some of the infrastructure. The Thompsons not only raise the