HomeMy WebLinkAboutMinutes 05-28-2013 APPROVED 6/18/2013
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
May 28, 2013
7:00 P.M.
The Orange County Board of Commissioners and the Orange County Planning Board
met for a Quarterly Public Hearing on Monday, May 28, 2013 at 7:00 p.m. at the DSS Offices,
Hillsborough Commons, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Vice Chair Earl McKee and Commissioners Alice M.
Gordon, Bernadette Pelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT: Barry Jacobs, Mark Dorosin
COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck, and Planning Board
members, Andrea Rohrbacher, Maxecine Mitchell, Tony Blake, Johnny Randall, Lisa Stuckey
and Herman Staats PLANNING BOARD MEMBERS ABSENT: Dawn Brezina, Larry Wright,
Rachel Phelps Hawkins, H.T. "Buddy" Hartley
A. OPENING REMARKS FROM THE CHAIR
Vice Chair McKee called the meeting to order at 7:00 p.m.
The meeting was then passed to Planning Board Chair Pete Hallenbeck.
B. PUBLIC CHARGE
The Board of Commissioners pledges to the residents of Orange County its respect. The
Board asks its residents to conduct themselves in a respectful, courteous manner, both with
the Board and with fellow residents. At any time should any member of the Board or any
resident fail to observe this public charge, the Chair will ask the offending member to leave
the meeting until that individual regains personal control. Should decorum fail to be
restored, the Chair will recess the meeting until such time that a genuine commitment to this
public charge is observed. All electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
C. PUBLIC HEARING ITEMS
1. Zoning Atlas Amendment — To review a property owner-initiated amendment to the
Zoning Atlas to rezone a 3.36 acre parcel of property along US Highway 70 (PIN 9893-
81-7503) from EDE-1 (Economic Development Eno Lower Intensity) to EDE-2
(Economic Development Eno Higher Intensity).
The parcel does not have an assigned street address but is located adjacent to the
Orange County ABC Store located at 5413 US Highway 70 East.
Michael Harvey presented this item ( powerpoint)
BACKGROUND
• PIN — 9893-81-7503.
• Size of Parcel —3.36 acres.
• Future Land Use Element Map Designation — Economic Development Transition
Activity Node.
• Growth Management System Designation -- Urban.
• Existing Conditions -- The property is undeveloped and sparsely vegetated.
• Access -- The property has direct access onto US Highway 70.
REQUEST:
• Applicant requests EDE-2 zoning,
• Believes EDE-2 zoning designation is more appropriate for the property given its
frontage along US Highway 70,
• Represents a logical extension of the district.
EDE-1 VERSUS EDE-2 LAND USES:
• EDE-2 would allow the following additional uses:
— Animal Hospital/Kennels (Class II require SUP)
— Manufacturing/Assembly uses (i.e. fabricated metal, electronic equipment, food
products, furniture, etc.)
— Retail (i.e. restaurant, retail sales, etc.)
— Services (i.e. hotels, research facility, etc.)
— Wholesale trade
STAFF ASSESSMENT:
• The application is complete,
• The property is of sufficient size,
• Consistent with the Orange County 2030 Comprehensive Plan, Growth Management
System Map, and adopted Eno Economic Development District Area Small Area Plan,
• Logical extension of existing EDE-2 district.
RECOMMENDATION:
1. Receive the proposal to amend the Zoning Atlas.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendment.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the Board of County Commissioners in time for the September 5, 2013
BOCC regular meeting.
4. Adjourn the public hearing until September 5, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
A motion was made by Commissioner Rich seconded by Commissioner Price to:
1. Receive the proposal to amend the Zoning Atlas.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendment.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the Board of County Commissioners in time for the September 5, 2013
BOCC regular meeting.
4. Adjourn the public hearing until September 5, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
VOTE: UNANIMOUS
2. Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments — To
review government-initiated amendments to Comprehensive Plan Future Land Use Map
and to the Zoning Atlas to assign land use category classifications and to establish
zoning for properties that will now be within Orange County's planning jurisdiction as the
result of the re-alignment of the Orange/Alamance County Line.
Portions of 11 properties are proposed to be assigned the Agricultural Residential Land
Use Category and the Agricultural Residential (AR) zoning district. Portions of 5 of these
properties are also proposed to be assigned to the Back Creek Protected Watershed
Protection Overlay District.
Michael Harvey made this presentation (power point)
AREA: (map of area)
STAFF COMMENTS
• Extends existing zoning/land use designations over property now within our planning
jurisdiction.
• Will not create compliance issues with respect to land use issues.
• Action is consistent with Session Law 2012-108, adopted by the General Assembly in
June of 2012, finalizing the location of the Orange-Alamance boundary line.
• This will complete our work on the Orange-Alamance boundary line project
RECOMMENDATION
1. Receive the proposal to amend the Orange County Comprehensive Plan Future Land
Use Map and the Zoning Atlas.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the County Board of Commissioners in time for the June 18, 2013 BOCC
regular meeting.
4. Adjourn the public hearing until June 18, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Planning Board Member Johnny Randall asked Michael Harvey if the County ought to be
concerned over the poor choice of wording in the Session Law (attachment 2 page 31) before
acting on the item.
Michael Harvey said that it does not matter about the word choice—the law was passed and the
county's rezoning is consistent with what was approved.
A motion was made by Commissioner Price seconded by Commissioner Gordon to:
1. Receive the proposal to amend the Orange County Comprehensive Plan Future Land
Use Map and the Zoning Atlas.
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the County Board of Commissioners in time for the June 18, 2013 BOCC
regular meeting.
4. Adjourn the public hearing until June 18, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
VOTE: UNANIMOUS
D. ADJOURNMENT OF PUBLIC HEARING
A motion was made by Commissioner Gordon seconded by Commissioner Price to adjourn the
meeting at 7:17 p.m.
VOTE: UNANIMOUS
Earl McKee, Vice —Chair
David Hunt
Deputy Clerk