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HomeMy WebLinkAboutRES-1999-039 Resolution to deny Zoning Atlas Amendment for Lawrence Park Planned Development qc DES- Upon motion of Commissioner Brown seconded by Commissioner Halkiotis , the foregoing Resolution of the Orange County Board of County Commissioners to Deny Zoning Atlas Amendment for Lawrence Park Planned Development was adopted this the 13T day of June, 1999 . I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on June 1, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 28 of the minutes of said Board. WITNESS my hand and the seal of said County, this 4th day of June 1999 . Clerk to the Xoai -'o ssioners �ountr of r41 o o�t A�O� E RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO DENY ZONING ATLAS AMENDMENT FOR LAWRENCE PARK PLANNED DEVELOPMENT Date June 1, 1999 Owner /Applicant Meadowmont Farms, LLC The Board of County Commissioners hereby denies approval of an application submitted by Meadowmont Farms, LLC, to amend the Orange County Zoning Atlas by rezoning an 83.216 acre parcel, identified in the Orange County Land Records Office by Parcel Identification Number 9883 -19 -4355, from a Rural Residential (R -1) district to a Planned Development Housing, Low and Medium Intensity, (PD -H -R3) district. The PD -H -R3 district does not facilitate protection of the character of surrounding neighborhoods as required by Article 7,, section 7.1, of the Orange County Zoning Ordinance. The PD -H -R3 district would result in a use that would be incompatible with neighboring land uses because of the higher density of the proposed planned development compared to most of the surrounding area. g:\plandev\pd398\denypd.res\5-26-99\kI I A FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: PD -3 -98 LAWRENCE PARK SUBDIVISION 17 Planned developments must comply with general and specific standards as set forth in Article 8 for Special Uses as well as those set forth in Article 7 for Planned Developments. Article 8.2.1 b) requires written findings certifying compliance with the following: (1) Specific regulations governing individual Special Uses as set forth in Article 8.8. These regulations are divided into two (2) sections which include: (a) Application components; and (b) Specific standards for Planned Developments (Article 8.8.23 refers to Article 7 standards) and Special Uses (Article 8.2.4). (2) Other requirements as set forth in the Zoning Ordinance, including the provisions of Article 6 (Application of Dimensional Requirements). Listed below are the findings of the Orange County Planning Board regarding the application in question. These findings address requirements for each Article of the Zoning Ordinance pertaining to this application and are presented here to assist the Board of County Commissioners in its deliberations. ARTICLE 8.6 AND 8.8 - APPLICATION COMPONENTS ( "Yes" indicates compliance; "No" indicates non - compliance) PLANNING BOARD OF COUNTY BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 8.6- Application submitted on _x—Yes No Submittal includes application Yes No forms providing full and forms, site plan, project accurate description of summary, and supporting proposed use, including documentation on the sewage location, appearance and disposal system. operational characteristics. 8.8 a)- twenty -six (26) copies of _x—Yes No 26 copies of the site plan were Yes No the site plan prepared by a provided by the John R. registered N.C. land surveyor McAdams Co. Inc. or engineer containing: 1. North point, scale and date _x—Yes No Shown on the site plan. Yes No 2. Extent of area to be developed _x—Yes No Site plan indicates extent Yes No of area to be developed. 3. Location and width of all No The rights -of -way of Yes No easements and rights -of -way _x—Yes Lawrence Road, US 70A within or adjacent to the site and all proposed roads, as well as required easements are shown on the site plan. 4. Location of all existing or No Existing structures are shown. Yes No proposed structures on the _x—Yes Proposed locations are not site required for single - family detached residential units. 5. Location of all areas on the _x—Yes No There are no flood hazard Yes No site subject to flood hazard areas indicated on the flood or inundation as shown on maps. Stormwater detention flood maps or soil maps facilities are indicated on the g: \plandev\pd398\pd- 3- 98.fof15- 26 -99Ud 18 site plan to control stormwater runoff. ARTICLES 8.6 AND 8.8 - APPLICATION COMPONENTS (Continued) PLANNING BOARD OF COUNTY BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 6. Location of all water courses No Two intermittent streams Yes No on the site, including the _x—Yes are indicated. direction of flow 7. Existing topography at a _x—Yes No Topography is provided at Yes No contour interval of five 15) feet five -foot contour intervals. based on mean sea level datum 8. Proposed or existing fencing, _x—Yes No Proposed parking at the Yes No screening, gates, parking, recreation areas is indicated service and storage areas on the plan. 9. Access to site including sight _x—Yes No Sight distances at Lawrence Yes No distances on all roads used Road are shown on the plan. for access 10. Elevations of all structures _N /A_Yes No Not required for single - family Yes No proposed to be used in the detached structures. development 11. Names and addresses of _x—Yes No Provided with application. Yes No owners and applicants 12. A fee; as set by the Board _x—Yes No $ 1,125.00 application fee paid Yes No of County Commissioners on 7/28/98. g: Xplandev\pd398\pd- 3- 98.fof&26 -99Ud W ARTICLE 8.2.4 SPECIFIC STANDARDS /ALL SPECIAL USES ( "Yes" indicates compliance; "No" indicates non - compliance) Ordinance Requirements Article 8.2.4 requires the applicant to address the following: a) Method and adequacy of provision for sewage disposal facilities, solid waste and water service. b) Method and adequacy of police, fire and rescue squad protection. c) Method and adequacy of vehicle access to the site and traffic conditions around the site. g: Wandev\pd398\pd- 3- 98.fofZ- 26 -99Ud PLANNING BOARD OF COUNTY BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS _x—Yes No Water lines exist in Lawrence Yes Road and US 70A. Both lines will be used to form a loop system through the development. Sanitary sewer will be extended from the Meadowlands develop- ment which is located approximately one -half mile west of the intersection of Lawrence Road and US 70A. A lift station is proposed in Lawrence Park Subdivision which will connect to the sewer line in US 70A. This line will serve Highroads Mobile Home Park and Lawrence Park Subdivision. Solid waste will be collected by private contract service. x Yes No Letters from the Orange County _ Sheriff, Emergency Services, and Orange Rural Fire Department were provided with the application. All agencies will be able to provide services, however, the Sheriff's Office indicates an additional deputy, vehicle and equipment will be needed. No Yes No Yes x No The development has access to Yes Lawrence Road and US 70A. Turn lanes will be constructed at both intersections. Sight distances at both intersections are excellent. Stubouts will be provided to the south and east of the property. A third access point will connect the site to the existing right -of -way for Lori Drive to the south. The Planning Staff is recommending the developers construct Lori Drive to NCDOT standards down to Lannie Drive. NCDOT has indicated they will accept Lori Drive for maintenance if it is constructed to their standards. No W ARTICLE 8.8.23 SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS Article 8.8.23 indicates that the application shall comply with the applicable sections of Article 7 - Planned Developments ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS ( "Yes" indicates compliance; "No" indicates non - compliance) Ordinance Reauirements Article 7.4 indicates the application must first comply with all requirements specified in Article 20 - Amendments. Those requirements include: 20.3.2 a) Map showing affected property at scale of not less than 1 " =100' nor more than 1 " = 20' 20.3.2 b) Legal description of property 20.3.2 c) Explanation of alleged error, if any, to be corrected by proposed amendment 20.3.2 d) Changed conditions, if any, which make amendment reasonably necessary to promote public health, safety and general welfare 20.3.2 e) Manner in which proposed amendment will carry out purpose and intent of adopted Comprehensive Plan g:\ plandev\pd398\pd- 3- 98.fofZ- 26 -99Ud PLANNING BOARD EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS _x—Yes No Site plan provided at a scale of 1"=100'. _x—Yes No The legal description was provided with the application. N /A_Yes No N/A - No error alleged. _N /A_Yes No N/A - No change is suggested BOARD OF COUNTY COMMISSIONERS FINDINGS Yes No Yes No Yes No Yes No _x—Yes No The site is located in an area Yes No designated as 20 year transition area in the Land Use Element of the adopted Comprehensive Plan which allows for higher density residential with the extension of water and sewer. t ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS (continued) PLANNING BOARD EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for a Planned Development - Housing -R3 designation. The criteria for the Residential -3 district are set forth in Article 4.2.4 and are as follows: a) Designated by the adopted _x—Yes No Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10 -20 years. b) Water and sewer lines should _x—Yes No exist at the site or be assured of installation as part of the development process. c) Vehicular access must consist of _x—Yes No direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. g: \plandev \pd398\pd- 3- 98.fof15- 26 -99Ud 21 BOARD OF COUNTY COMMISSIONERS FINDINGS The property is designated as 20 year transition on the Orange County Comprehensive Plan. Water lines exist at the site. Sewer lines are proposed to be extended to the site from the Meadowlands development. US 70A and Lawrence Road are designated as collectors in the Comprehensive Plan. Yes No Yes No Yes No 22 ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS (Continued) 7.4.2 So located with respect to _x—Yes No The proposed development will Yes No water, sewer and storm drainage have access to public water. facilities that enlargement or Sewer must be extended to the extension will not result in site and storm drainage facilities higher net public cost or earlier installed by the developer; incursion of public cost therefore, no higher net public cost will result. and So located with respect to police, Yes _x—No Letters regarding adequate Yes No fire and rescue services, and service provision have been schools and parks so as to have received from the Sheriff's access in the same manner as Department, fire, rescue and permitted under the existing the schools. The Sheriff's zoning Office indicates an additional deputy, vehicle and equipment will be needed. The schools are at or over capacity. 7.4.3 Site suitable for PLANNING BOARD OF COUNTY intermittent streams on the BOARD EVIDENCE SUBMITTED COMMISSIONERS soil subsidence or slipping FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements detention ponds proposed to Article 7.4 then indicates the control stormwater runoff. application must comply with on the Special Use Permit that the certain specific requirements applicant shall develop a stormwater common to all Planned N.C. Division of Water Quality before Developments. These include: construction begins. 7.4.1 So located with respect to _x—Yes No The proposed lots will have Yes No major streets and mass transit access to US 70A and facilities and designed so as not Lawrence Road, which are to create traffic on minor streets designated as collectors in in residential districts the Comprehensive Plan. The connection to Lori Drive will create minimal traffic on Lannie Drive. 7.4.2 So located with respect to _x—Yes No The proposed development will Yes No water, sewer and storm drainage have access to public water. facilities that enlargement or Sewer must be extended to the extension will not result in site and storm drainage facilities higher net public cost or earlier installed by the developer; incursion of public cost therefore, no higher net public cost will result. and So located with respect to police, Yes _x—No Letters regarding adequate Yes No fire and rescue services, and service provision have been schools and parks so as to have received from the Sheriff's access in the same manner as Department, fire, rescue and permitted under the existing the schools. The Sheriff's zoning Office indicates an additional deputy, vehicle and equipment will be needed. The schools are at or over capacity. 7.4.3 Site suitable for _x—Yes No There are two designated Yes No development without hazard intermittent streams on the from flooding, erosion, and property. Both will flow through soil subsidence or slipping an area designated as protected open space. There are also two detention ponds proposed to control stormwater runoff. If approved, a condition may be placed on the Special Use Permit that the applicant shall develop a stormwater management plan to be approved by N.C. Division of Water Quality before construction begins. g:W andev\pd398\pd- 3- 98.fofZ- 26 -99Ud 23 ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS (Continued) a) 4. 100 -foot open space provided No PLANNING BOARD OF COUNTY along perimeter. Parking and BOARD EVIDENCE SUBMITTED COMMISSIONERS off - street parking set back at FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements a) 5. Yards, fences, walks or No Parking around the recreation Yes No Article 7.14.3 sets forth "site areas will be screened by off undesirable views, planning" standards with which lighting, noise, etc. Parking/ vegetation. an applicant must comply. collection /storage areas screened. Standards regarding "external a) 6. Maximum building height _x—Yes No N/A - Maximum building height Yes No relationships" are as follows: in R3 district is 25 feet. forth in Article 6.12.3 and a) 1. Access points provided to _x—Yes No Access will be provided via Yes No encourage smooth traffic and zoning permits. new public roads to Lawrence flow with controlled turning accordance with Article 9. Road and US 70A. Turn lanes movements and minimum be required to meet NCDOT and will be constructed on these hazard to vehicular or roads. No minor streets will pedestrian traffic. Use of be subjected to substantial minor streets by substantial traffic. traffic is discouraged. a) 2. Safe and convenient routes No Five foot sidewalks are proposed Yes No provided for pedestrians _x—Yes on both sides of all streets, and motorcyclists. Crossings allowing for safe pedestrian safely marked, located and circulation along proposed rights - controlled. of -way. Crossings are marked and located on the site plan. a) 3. Visibility provided at intersections No Sight distances are excellent Yes No (pedestrian and vehicular) in _x—Yes at Lawrence Road and US 70A. accordance with Article 6.8. Interior sight triangles to be dedicated will meet NCDOT standards. a) 4. 100 -foot open space provided No 100 foot open space is provided Yes No _x—Yes along perimeter of PD -H along perimeter. Parking and district. Recreational use and active recreational uses are set off - street parking set back at back at least 75 feet from least 75 feet of district boundary. boundaries. a) 5. Yards, fences, walks or No Parking around the recreation Yes No _x—Yes vegetation provided to screen areas will be screened by off undesirable views, existing and proposed lighting, noise, etc. Parking/ vegetation. loading areas and refuse collection /storage areas screened. a) 6. Maximum building height _x—Yes No N/A - Maximum building height Yes No complies with standards set in R3 district is 25 feet. forth in Article 6.12.3 and Compliance will be determined Article 5.1.1. prior to issuance of building and zoning permits. a) 7. Signs to be erected in _x—Yes No An entrance sign at Lawrence —Yes No accordance with Article 9. Road is indicated. All signs will be required to meet NCDOT and Zoning Ordinance requirements. 9: \plandev1pd398\pd- 3- 98.fof&26 -991k1 24 ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION /PLANNED DEVELOPMENTS (Continued) PLANNING BOARD EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS Ordinance Requirements Standards regarding "internal relationships" are as follows: b) 1. Streets, drives and parking areas provide safe and convenient access for dwellings and emergency vehicles, and do not create small block sizes. b► 2. Vehicular access controlled as follows: a) Streets serving 50 or less dwellings provide direct access to parking /service areas. b) Streets serving greater than 50 dwellings provide access to parking areas so located, designed and controlled as to channel traffic without interruption. b) 3. Walkways form safe, convenient system of access to dwellings, facilities and off -site designations. Maximum walking distance between dwellings and parking; delivery and refuse collection areas does not exceed 100 feet. Walkways used as play areas or school routes by children located and designated to minimize contact with vehicular traffic. Crossings appropriately marked and safeguarded. b) 4. Protection of visibility - See a)3. and W. above. b) 5. Open space and spacing between buildings - See Article 6 standards. g: Wandev\pd398\pd- 3- 98.fofW- 26 -99Ud _x—Yes No _x—Yes _x—Yes No The proposed road system is sufficient to provide access for residents, visitors, and emergency vehicles. BOARD OF COUNTY COMMISSIONERS FINDINGS Public roads will provide access to the parking /recreation areas. No Public roads will provide access that channels traffic without interruption to the parking/ recreation area. _x—Yes No Five foot sidewalks are proposed on both sides of the streets. Refuse collection will be by private contractor. x_Yes No Sidewalks on both sides of the street allow for safe pedestrian circulation. Crossings will be marked as indicated on the site plan. _x—Yes No Sight triangles are to be dedicated at all road inter- sections to meet NCDOT requirements. _x—Yes No Open space requirements are met with a total of 26.01 acres to be preserved including 7.07 acres of improved recreation area. Payment will be made in lieu of public dedication ($100,014). Yes No Yes No Yes No Yes No Yes No Yes No Yes No } 25 ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS ("Yes" indicates compliance; "No" indicates non compliance) Required minimum recreation space - 281,061 sq. ft. Note: See Appendix A for "Definitions ". g: \plandev \pd398\pd- 3- 98.fofZ- 26 -99Ud PLANNING BOARD OF COUNTY BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements - Article 6 lists specific standards which apply to various types of development applications. Article 6.12 contains those development intensity standards which apply to group developments controlled by the Land Use Intensity (LUI) system. a) Minimum gross land area - _x—Yes No Applicant's site contains 83.795 Yes No 30,000 sq. ft. acres in Orange County. The gross land area is 3,650,144 sq. ft. b) Maximum gross land area - _x—Yes No Article 5.1.2 of the Zoning Yes No None specified sq. ft. Ordinance. c) Maximum floor ratio - .100. _x—Yes No Maximum permitted by ordinance Yes No Maximum floor area permitted - is 365,014 sq. ft. Applicant's 365,014 sq. ft. plan indicates (in table) the proposed floor area is 365,014 sq. ft. based on 1540 sq. ft. homes. d) Required minimum open space _x—Yes No Applicant's plan indicates Yes No ratio - .80. Required minimum 3,380,915 sq. ft. of open space. open space - 2,920,091 sq. ft. e) Required minimum livability _x—Yes No Applicant's submission indicates Yes No space ratio - .65. Required 2,764,067 sq. ft. minimum livability space - 2,372,593 sq. ft. f) Required minimum recreation _x—Yes No Applicant's submission indicates Yes No space ratio - .077. 308,229 sq. ft. Required minimum recreation space - 281,061 sq. ft. Note: See Appendix A for "Definitions ". g: \plandev \pd398\pd- 3- 98.fofZ- 26 -99Ud ARTICLE 8.2.1 & 8.2.2 - APPLICATION COMPONENTS ( "Will" indicates compliance; "Will Not" indicates non - compliance) Ordinance Requirements In accordance with Article 8.2.1 and 8.2.2 of the Zoning Ordinance, the Board of Adjustment shall also consider the following general conditions before the application for Special Use shall be approved: Article 8.2.1 & 8.2.2 1. The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. Article 8.2.1 2. The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property). Article 8.2.1 3. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the general plan for the physical develop- ment of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. g: Wandev\pd398\43d- 3- 98.fofZ- 26 -99Ud PLANNING BOARD FINDINGS x- - -Will _Will Not Will x Will Not Is x Is Not EVIDENCE SUBMITTED TO SUPPORT FINDINGS The use is proposed in a 20 year transition area with public water and sewer. Roads will meet NCDOT requirements with additional improvements to Lawrence road and US 70A. The submitted application for Environmental Assessment has been received from the State Clearinghouse. 26 BOARD OF COUNTY COMMISSIONERS FINDINGS Applicant submitted only A letter by a real estate appraiser indicating that, in his opinion the use will maintain or enhance the value contiguous property. Applicant submitted no actual data nor comparative analysis of values of surrounding properties and homes to support the claim that the development would maintain the value of contiguous property. Will Will Not _Will _Will Not The development will not be in Is Is Not harmony with the surrounding + area because the proposed density is too high to be compatible with existing development. While the proposed density is consistent with that allowed within a 20 -year transition area and this area is designated as a 20 -year transition area in the Comprehensive Plan, the timing is not right for this type of development at this location. 27 Staff Analysis: Lawrence Park Proposed Zoning Atlas Amendment and Special Use Permit for a Planned Development After citizen input at the November 23, 1998, and February 22, 1999, public hearings, planning staff prepared a revised recommendation which was presented to the Planning Board on April 7, 1999. The staff recommended that the board deny the PD -H -R3 zoning and approve the application with a PD -H -R2 zoning (approve the Zoning Atlas amendment for 83.216 acres from R -1 to PD- H-R2; approve the Special Use Permit for 181 residential lots (PD lot yield allowed in a PD -H -R2 district.) Planning staff based that recommendation on the following observations: • The proposed lot widths of 65 feet and lot sizes of 7,500 square feet are significantly smaller than surrounding development. If this property were rezoned to an R -3 zoning district (not in a planned development), each lot would require 15,000 square feet outside of road rights -of -way. The density that could be obtained would be less than that proposed by the planned development. If the proposed road network and the proposed recreation and open space areas were included in the development, an R -3 zoning district would yield approximately 177 lots. An R -2 zoning district, other factors being held constant, would yield approximately 133 lots. The PD -H- R2 zoning would allow 181 lots to be developed compared with the 237 lots that are proposed. This is more in keeping with the R -3 density. ZONING TOTAL ACREAGE ACREAGE MINUS ROW AND RECREATION AREA # OF LOTS R -1 83.215 61.039 66 R -2 83.215 61.039 133 PD -H -R2 83.215 181 R-3 83.215 61.039 177 PD -H -R3 83.315 241 • This area is designated as a 20 -year transition area in the Land Use Plan that was adopted in September, 1981 (eighteen years ago). The Land Use Plan category description of a 20 -year transition area is "Land located in areas that are in the process of changing from rural to urban, that are g:\plandev\pd398\analysis.rec\5-26-99\kI suitable for urban -type densities and should be provided with public utilities and services within the second 10 -year phase of the Plan." Planning staff further noted that this type of development would be suitable as a receiving area for development under a Transfer of Development Rights program if such a program were in place. If such a program were in place, the developer could purchase development rights for the increase in density requested in the submitted proposal for a PD -H -R3 zoning. At the April 7, 1999, Planning Board meeting, several board members expressed interest in the staff recommendation; however, the applicant stated that the developers are not interested in pursuing any less density for the development than the PD -H -R3 as proposed in the application. g:\plandev\pd398\analysis.rec\5-26-99\kI