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Home My WebLink AboutORD-2012-033 Ordinance Amending the Zoning Atlas - Merritt Rezoning Ordinance 4:2012-033 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 0.94 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 portions of property to be rezoned are identified further as follows.. COMMENCING at a mathematical point at the southwest corner 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 0.94 Acres. 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 LIDO 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. Obiective 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. Upon motion of Cpmmissioner seconded by Commissioner /jc/(I/ ., the foregoing y 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. 4D Clerk the Board of Commissioners 0. ell Cato messing with something on their property, even if it's to help them, they need to be in agreement on what 4 d 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