HomeMy WebLinkAboutORD-2012-034 (Not Approved) Zoning Atlas Amendment Merritt Rezoning Ordinance#: 2012-034 •6'0 •7' -'IiC- &c4 Attachment 4 014
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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 0.83 acres of land on two parcels of
property off of US Highway 70 owned by Mr. Thomas L. Merritt identified further with the
Parcel Identification Numbers (PINS) 9874-68-7542 and 9874-68-9620 from Rural Residential
(R-1) to Neighborhood Commercial (NC-2), and
WHEREAS, the parcels are further identified through the following legal description:
COMMENCING at a mathematical point at the southwest comer of Lot 1 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
and with the northwest line of said Lot 1 bounded on each side by Orange
County Zone NC-2 N. 42' 50' 00" E. 188.67' to a mathematical point at the
southwest corner of an area currently designated as Orange County Zone R-1,
The POINT OF BEGINNING; thence continuing along and with the northwest line
of said Lot 1 bounded on the northwest side by Orange County Zone NC-2 and
bounded on the southeast side by Orange County Zone R-1 N. 42* 50' 00" E.
124.00' to a mathematical point at a northeast corner of Lot 2 Plat Book 50, page
179 referenced above; thence continuing along and with the northwest line of
said Lot 2 bounded on the northwest side by Orange County Zone NC-2 and
bounded on the southeast side by Orange County Zone R-1 N. 42* 50' 00" E.
30.00' to a mathematical point at the northeast corner of Lot 2; thence leaving
Orange County Zone NC-2 and running along and with the northeast line of said
lot 2 bounded on each side by Orange County Zone R-1 S. 47* 10' 00" E.
385.23' to a mathematical point at the northeast corner of Lot 3 Plat Book 50,
page 179 referenced above; thence along and with the northeast line of said Lot
3 S. 47* 10' 00" E. 149.37' to a mathematical point; thence along and with the
existing zoning line bounded on the northeast side by Orange County Zone R-1
and bounded on the southwest side by Orange County Zone NC-2 N. 63* 14' 12"
W. 194.36' to a mathematical point in the southeast line of the aforesaid Lot 2;
thence continuing along and with the existing zoning line bounded on the
northeast side by Orange County Zone R-1 and bounded on the southwest side
by Orange County Zone NC-2 N. 63* 14' 12" W. 289.18' to a mathematical point
in the southeast line of the aforesaid Lot 1; thence continuing along and with the
existing zoning line bounded on the northeast side by Orange County Zone R-1
and bounded on the southwest side by Orange County Zone NC-2 N. 63* 14' 12"
W. 72.80' to a mathematical point in the northwest line of the aforesaid Lot 1, 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 0.83 Acres.
015
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 UDO 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
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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