HomeMy WebLinkAboutORD-2013-032 Ordinance amending OC Zoning Atlas - Section 1.2 Alexander Baldwin Parcel Ordinance#:2013-032
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, submitted by Ms. Maria Keizer and Mr. Ronald Keizer, seeks to
rezone 2 parcels of property totaling approximately 16.1 acres located east and south of 3604
Southern Drive further identified utilizing Orange County Parcel Identification Number (PIN)
9844-87-7368 and 9844-86-7573 to Light Industrial (1-1), and
WHEREAS, the properties to be rezoned are identified further as follows:
COMMENCING FROM AN EXISTING CONTROL CORNER "A" IN THE
SOUTHERN RIGHT OF WAY LINE OF GROUCHO ROAD, SAID CORNER LYING
SOUTH 54 019'09" EAST 2,110.42 FEET (GRID DISTANCE: COMBINED GRID
FACTOR 0.99994998) FROM N.C.G.S. (NAD 83/01) MOUNMENT "SKYLAND",
SAID MONUMENT HAVING NORTH CAROLINA GRID COORDINATES
NORTI-I=832,994.54 FEET AND EAST=1,996,584.19 FEET, SAID CONTROL
CORNER BEING MARKED BY AN EXISTING RAILROAD SPIKE AND HAVING
N.C. GRID COORDINATES (NAD 83/01) NORTH=831,763.59 FEET AND
EAST=1,998,298.43 FEET; THENCE WITH THE SOUTHERN RIGHT OF WAY OF
GROUCHO ROAD SOUTH 75°47'21" EAST 140.09 FEET TO AN EXISTING IRON;
THENCE SOUTH 75°46'36" EAST 114.82 FEET TO AN EXSITING IRON IN THE
SOUTHERN RIGHT OF WAY OF GROUCHO ROAD THE POINT OF BEGINNING;
THENCE WITH SAID RIGHT OF WAY SOUTH 75 046'36" EAST A DISTANCE OF
49.17 FEET TO AN IRON SET; THENCE.NORTH 59 022'44"EAST A DISTANCE
OF 85.17 FEET TO AN IRON SET IN THE SOUTHERN RIGHT OF WAY OF U.S.
HWY 70; THENCE WITH THE RIGHT OF WAY OF U.S. HWY 70 SOUTH
75037'16"EAST A DISTANCE OF 136.30 FEET TO AN IRON SET; THENCE
CONTINUING WITH SAID RIGHT OF WAY SOUTH 75037'16" EAST A
DISTANCE OF 140.50 FEET TO AN EXISTING IRON THE NORTHWESTERN
CORNER OF JUANA G. MOSQUEDA (DEED BOOK 3695, PAGE 351 ORANGE
COUNTY REGISTRY); THENCE LEAVING THE RIGHT OF WAY OF U.S. HWY
70 SOUTH 00007'16"EAST A DISTANCE OF 305.16 FEET TO AN EXISTING IRON
THE NORTHEAST CORNER OF CONSTANTINO ZOUMBOS AND ATHANASIOS
i
ANAGNOSTOPOULOS (DEED BOOK 1519, PAGE 267 ORANGE COUNTY
REGISTRY); THENCE WITH THE NORTHERN PROPERTY LINE OF SAID
OWNER SOUTH 89 058'02" WEST A.DISTANCE OF 223.91 FEET TO AN IRON
SET; THENCE SOUTH 89°58'02" WEST A DISTANCE OF 251.17 FEET TO AN
IRON SET THE SOUTHERN CORNER OF THE ORANGE COUNTY ALCOHOLIC
BEVERAGE CONTROL #6 (DEED BOOK 255, PAGE 990 ORANGE COUNTY
REGISTRY); THENCE WITH THE EASTERN PROPERTY LINE OF SAID OWNER
NORTH I 13 058'41" EAST A DISTANCE OF 353.33 FEET TO THE POINT OF
BEGINNING, AND BEING ALL OF LOT "B" CONTAINING 3.39 ACRES AS
SHOWN ON PLAT ENTITLED "FINAL PLAT ALEXANDER BALDWIN" DATED
FEBRUARY 26, 2010 BY WI IM JR PLS, SUMMIT CONSULTING PROJECT 08-142
RECORDED IN THE OFFICE OF THE ORANGE COUNTY REGIS"TER OF DEEDS
IN PLAT BOOK 106, PAGE 162 TO WHICH PLAT REFERENCE IS HEREBY
MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME.
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 UDO 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. Land Use Overarchinq 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.
e. Objective 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 amendments 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 properties as described herein to Light
Industrial (1-1)
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 o Commissioner seconded by
Commissioner the foregoing ordinance was adopted this
day of , 2013.
I, 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 , 2013 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 ,
52 -j2b
Clerk to the oard of Commissioners
ortn fat°��
1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 6-a
SUBJECT: Baldwin Zoning Atlas Amendment — Public Hearing Closure and Action (No
Additional Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Vicinity Map Michael D. Harvey, Planner III, (919) 245-2597
2. May 28, 2013 Quarterly Public Hearing Craig Benedict, Director, (919) 245-2592
Legal.Advertisement
3. Ordinance Approving Rezoning Petition
4. Ordinance Denying Rezoning Petition
5. Resolution Concerning Statement of
Consistency with Comprehensive Plan
6. Resolution Concerning Statement of
Inconsistency with Comprehensive Plan
7. Excerpt of Approved May 28, 2013
Quarterly Public Hearing Minutes
8. Excerpt of Approved June 5, 2013
Planning Board Minutes
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on an owner-initiated Zoning Atlas Amendment to rezone a 3.36 acre parcel of
property from EDE-1 (Economic Development Eno Lower Intensity) to EDE-2 (Economic
Development Eno Higher - Intensity) in accordance with the provisions -of-. the Unified
Development Ordinance (UDO).
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the May 28, 2013
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
BACKGROUND: This item was presented at the May 28, 2013 Quarterly Public Hearing. Staff
indicated the applicant sought the rezoning believing the EDE-2 zoning designation was more
appropriate for the property given its frontage along US Highway 70 and represented a logical
extension of the existing district. Please refer to Attachment 1 for a vicinity map showing the
subject parcel.
During the hearing the following questions were asked:
2
1. A BOCC member asked staff to clarify the size, and number, of parcel(s) subject to the
petition.
Staff Comment: As detailed in the abstract and application package the property owner
is seeking to rezone a 3.36 acre parcel of property to EDE-2 along US Highway 70. The
property is adjacent to the Orange County ABC store, which has a street address of 5413
US Highway 70 East
2. A BOCC member asked what impacts the rezoning would have on required land use
buffers.
Staff Comment: Section 6.8.12 (c) of the UDO requires a 100 foot width buffer be
`provided at the boundary of all Economic Development Districts'. A small portion of the
subject parcel will be required to comply with this standard.
Additional land use buffers for the subject parcel will be determined at the time the
property is developed in accordance with Section 6.8.12 (c) of the UDO.
3.' A BOCC member asked if the rezoning request for this parcel would impect'the zoning of
the property to the south.
Staff Comment: Approval of this request will not alter or impact the zoning of the property
to the south, which will remain zoned EDE-1.
Agenda materials from the May 28, 2013 Quarterly Public Hearing can be viewed at:
http://orangecountync.gov/Qcclerks/130528.pdf
Planning Director's Recommendation: The Planning Director recommends approval of the
request finding that:
1. The application is complete in accordance with the requirements of Section 2.8 of the
UDO.
2. The property is of sufficient size to be rezoned to EDE-2.
3. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Future
Land Use Map, the Growth Management System, and the adopted Eno. .Economic .
Development District Area Small Area Plan.
Planning Board Recommendation: At its June 5, 2013 regular meeting, the Planning Board
voted unanimously to recommend approval of the request consistent with the staff
recommendation. Agenda materials from the June 5, 2013 Planning Board meeting can be
viewed at: http://orangecountync.gov/planning/documents/WEB-PBPacket6.5.13.pdf
Please refer to Attachment 3 for the ordinance amending the zoning atlas and Attachment 5 for
the statement of consistency indicating the proposed atlas amendment is consistent with the
adopted 2030 Comprehensive Plan.
Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if it is
for the purpose of presenting information also submitted in writing. The public hearing is held
open. to a date certain for the purpose of the 5OCC receiving the .. Planning ,Board's.,
recommendation and any submitted written comments.
3
FINANCIAL IMPACT: Consideration and approval of this request will not create the need for
additional funding for the provision of County services.
Expenditures associated with the processing of this application, namely the legal advertisement
and notification letters/postcards, were paid through application filing fees. Review of the
application by staff was covered under existing Department budgetary outlays.
RECOMMENDATION: The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Decide accordingly and/or adopt:
a. Attachment 3 — Ordinance Amending the Zoning Atlas
b. Attachment 5 — Statement of Consistency
authorizing the zoning atlas amendments as detailed herein.
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Attachment 2 5
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Department of Social Services, Hillsborough
Commons, 113 Mayo St., Hillsborough, North Carolina, on Tuesday, May 28, 2013 at
7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
1. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8
Zoning Atlas and Unified Development Ordinance Amendments of the Unified
Development Ordinance (UDO), Mr. Alexander Baldwin has submitted a request
to rezone a 3.36 acre parcel of property along US Highway 70 (PIN 9893-81-
7503)
FROM: EDE-1 (Economic Development Eno Lower Infensity)
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.
According to the application, Mr. Baldwin is requesting the rezoning to provide
additional development opportunities for the parcel as well as have this parcel's
zoning designation consistent with the zoning of adjacent property.
The property subject to this petition is located within the Economic Development
Transition Activity Node as denoted on the Future Land Use Map of the
Comprehensive Plan and the Urban Designated Area as denoted on the Growth
Management System Map.
Purpose: To review the item and receive public comment on the proposed
amendment.
2. Comprehensive Plan Future Land Use Map and Zoning Atlas Amendments:
In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments
and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of
the Orange County Unified Development Ordinance (UDO), the Planning Director
has initiated amendments to the 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.
The 11 properties subject to this action are described within Session Law 2012-108
(commonly referred to as the `9% line') enacted by the North Carolina General
Assembly on June 28, 2012 and are further denoted by the following Parcel
Identification Numbers (PIN):
6
1. 9920-46-1659 2. 9920-47-1321 3. 9920-46-1622. . ..
4. 9920-46-1234 5. 9920-45-1933 6. 9920-46-1356
7. 9920-46-1170 8. 9920-46-1550 9. 9920-47-1131
10. 9920-46-1843 11. 9920-46-1967
Portions of these properties were already located within the County's planning
jurisdiction and had a land use and general use zoning district designation,
specifically the Agricultural Residential Land Use Category and the Agricultural
Residential (AR) zoning district. Staff is recommending that these same, existing,
designations be extended on those portions of property now being located within the
County's planning jurisdiction as a result of the re-alignment of the Orange/Alamance
County Line.
Staff is also recommending the extension of the Back Creek Protected Watershed
Protection Overlay District on the following 5 properties; consistent with'existing
designations:
9920-46-1170 9920-46-1550 9920-47-1131
9920-46-1843 9920-46-1967
Purpose: To review the item and receive public comment on the Comprehensive
Plan Future Land Use Map and Zoning Atlas amendments.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling the one of the phone numbers
below. The full text of the public hearing items may be obtained no later than May 17,
2013 at the County website www.co.orange.nc.us at the Meeting Agendas link:
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and
you will be directed to a staff member who will answer your questions.
PUBLISH: The Herald Sun News of Orange
May 15, 2013 May 15, 2013
May 22, 2013 May 22, 2013
7
ATTACHMENT 3
Ordinance#:2013-032
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 an approximately 3.36 acre parcel of property off
of US Highway 70, owned by Mr. Alexander Baldwin, identified with the Parcel Identification
Number (PIN) 9893-81-7503 to Economic Development Eno Higher Intensity (EDE-2), and
4.
WHEREAS, the property*to be rezoned is identified further as follows:
COMMENCING FROM AN EXISTING CONTROL CORNER "A" IN T'1 IF:
SOUTIIERN RIGHT OF WAY LINE OF GROUCHO ROAD, SAID CORNER LYING
SOUTH 54 019'09" EAS'1. 2,110.42 FEET (GRID DISTANCE: COMBINED GRID
FACTOR 0.99994998) FROM N.C.G.S. (NAD 83/01) MOUNMENT "SKYLAND".
SAID MONUMENT IIAVING NORTH CAROLINA GRID COORDINATES
NORT11=832,994.54 FEET AND L;AS"T=1,996,584.I9 FEET, SAID CONTROL.
CORNER BEING MARKED BY AN EXISTING RAILROAD SPIKI AND HAVING
N.C. GRID COORDINATES (NAD 83/01) NORTII==831,763.59 FEET AND
EAST=1,998,299.43 FEET; THENCE WITH THE SOUTHERN RIGHT OF WAY OF
GROUCHO ROAD SOUTH 75 047'21" EAST 140.09 FEET TO AN EXISTING IRON;
THENCE SOUTH 75 046'36" EAST 114.82 FEET TO AN EXSI ITNG IRON IN THE
SOUTHERN RIGHT OF WAY OF GROUCHO ROAD THE POINT OF BEGINNING;
T I iFNCE WITII SAID RIGHT OF WAY SOUTH 75 046'36" EAST A DISTANCE OF
49.17 FEET TO AN IRON SET; THENCE NORTH 59 022'44" EAST A DISTANCE
OF 85.17 FEET TO AN IRON SET IN THE SOUTHERN RIGHT OF WAY OF U.S.
HWY 70; THENCE WITH THE RIGHT OF WAY OF U.S. HWY 70 SOUTH.
75"37'16" EAST A DISTANCE OF 136.30 FEET TO AN IRON SET; THENCE
CONTINUING WITH SAID RIGHT OF WAY SOUTH 75 037'16" EAST A
DISTANCE OF 140.50 FEET TO AN EXISTING IRON TILE NORTHWESTERN
CORNER OF 3UANA G. MOSQUEDA (DEED BOOK 3695, PAGE 351 ORANGE
COUNTY REGISTRY); THENCE LEAVING THE RIGHT OF WAY OF U.S. HWY
70 SOUTH 00007'16" EAST A DISTANCE OF 305.16 FEET TO AN EXISTING IRON
THE NORTHEAST CORNER OF CONSTANTINO ZOUMBOS AND ATIJANASIOS
t
8
ANAGNOSToPouLos (DEED BOOK 1519, PAGE 267 ORANGE COUNTY
REGISTRY); THENCE WITI-ITHE NORTHERN PROPERTY I.,INE OF SAID
OWNER SOtAT1 89058'02" WEST A DISTANCE OF 223.91 FEET, TO AN IRON
SET; THENCE SOUTH 89'58'02" WEST A DISTANCE OF 251.17 FEET TO AN
'
IRON SET THE SOUTHERN CORNER OF THE ORANGE COUNTY ALCOHOLIC
BEVERAGE CONTROL #6 (DEED BOOK 255, PAGE 990 ORANGE COUNTY
REGISTRY); THENCE WIT14THE EASTERN PROPERTY I.INE OF SAID OWNER
T OF
NORTI-1 1305841" EAST DISTANCE OF 353.33 FEET T0 T 1-iE POIN
BEGINNING, AND BEING ALL OF LOT "B" CONTAINING 3.39 ACRES AS
SHOWN ON PLAT ENTITLED "FINAL. PL,AT ALEXANDER BAf,DWIN" DATED
FEBRUARY 26, 2010 BY WHM JR PLS, SUMMIT CONSULTING PROJECT 08-142
RECORDED IN THE OFFICE OF THE ORANGE COUNTY REGISTER OF DEEDS
IN PLAI BOOK 106, PAGE 162 TO WHICH PLAT REFERENCE IS HEREBY
MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME.
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 UDO 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'' suistai n*a' 'ble
economic development that contributes to both property and sales tax revenues,
and enhances high-quality employment opportunities for County residents.
d. Objective 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. Objective 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 Mcreasing 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.
9
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange
f County Zoning Atlas is hereby amended to rezone the property as described herein to
Economic Development Eno Higher Intensity (EDE-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 2013.
I, 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 2013 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded'in the minutes of th'e said
Board.
WITNESS my hand and the seal of said County, this day of
2013.
SEAL
Clerk to the Board of Commissioners
10
ATTACHMENT 4
fi
Ordinance#: 2013-033
AN ORDINANCE DENYING AN AMENDMENT 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
Qevelop.ment Ordinance (UDO), and
WHEREAS, This petition seeks to rezone an approximately 3.36 acre parcel of property off
of US Highway 70, owned by Mr. Alexander Baldwin, identified with the Parcel Identification
Number (PIN) 9893-81-7503 to Economic Development Eno Higher Intensity (EDE-2), and
WHEREAS, the property to be rezoned is identified further as follows:
COMMENCING FROM AN EXISTING CONTROL CORNER "A'' IN T]It
SOtJTIIERN RIGHT OF WAY LINE OF GROUCHO ROAD, SAID CORNER. LYING
SOUTH 54 019'09" EAST 2,1 10.42 FEET (GRID DISTANCE: C:'OMBINI."D GRID
FACTOR 0.99994998) FROM N.C.G.S. (NAD 83/01) MOUNMENT "SKYLAND"
SAID MONEIMENT HAVING NORTH CAROI.,INA GRID COORDINATES
NOR H=832,904.54 FEET AND EAST=1,996,584.19 FEET, SAID CONTROL
CORNER BEING MARKED BY AN EXISTING RAILROADSPIK.t? AND.HAV1.W. . ._.. . . ..
N.C. GRID COORDINATES (NAD 83/01) NOR-I'H=831,763.59 FEET AND
EAST=1,998,298.43 FEET; THENCE., WITH THE SOUTHERN R.IGIIT OF WAY OF
GROUCHO ROAD SOUTI-I 75 047'21" EAST 140.09 FEET TO AN EXISTING IRON;
THENCE SC}V'I'II 75 046'36" EAST 114.82 I�I�E'I, TO AN EXSI"PING IRON IN TI-11;
SO[JTHERN RIGHT OF WAY OF GROUCHO ROAD THE POINT OF BEGINNING;
TIIENCE WITH SAID RIGHT OF WAY SOUTH 75 046'36" EAST A DISTANCE OF
49.17 FEET TO AN IRON SET; THENCE, NORTH 59°22'44" EAST A DISTANCE:
OF 85.17 FEET TO AN IRON SET IN THE SOUTHERN RIGHT OF WAY OF U.S.
HWY 70; THENCE WITII THE RIGHT OF WAY OF U.S. HWY 70 SOUTH
75037'16" EAST A DISTANCE OF 136.30 FEET TO AN IRON SET; THENCE
CONTINFJING WITH SAID RIGHT OF WAY SOUTH 75037'16" EAST A
DIS'T'ANCE OF 140.50 FEET TO AN EXISTING IRON THE NORTHWESTERN
CORNER OF JUANA G. MOSQUEDA (DEED BOOK 3695, PAGE 351 ORANGE,
COUNTY .REGISTRY); THENCE I.,F..,AVING THE RIGHT OF WAY OF U.S.-H-WY--
70 SOUTH 00007'16" EAST A DISTANCE OF 305.16 FEET TO AN EXISTING IRON
THE NORTHEAST CORNER OF CONSTANTINO ZOIJMBOS AND AT'HANASIOS
1
ANAGNOSTOPOULOS (DEED BOOK 1.519, PAGE 267 ORANGE COUNTY
REGISTRY); THENCE WITI-ITHE NORTHERN PROPERTY LINE OF SAID
OWNER SOUTH 89"58'02" WEST A DISTANCE OF 223.91 FEET TO AN IRON
SET; THENCE SOUTH 89'58'02" WEST A DISTANCE OF 251.17 FEET TO AN
IRON SET THE SOUTHERN CORNER OF THE ORANGE COUNTY ALCOIIOIJC
BEVERAGE CONTROL #6 (DEED BOOK 255, PAGE 990 ORANGE COUNTY
REGISTRY); THENCE WITI-ITHE EASTERN PROPERTY LINE OF SAID OWNER
NORTH 13°58'41" EAST DISTANCE OF 353.33 FEET TOTHE POINT OF
BEGINNING, AND BEING AI.J. OF LOT "B" CONTAINING 3.39 ACRES AS
SHOWN.ON PLAT ENTITLED "FINAL PLAT ALEXANDER BAI,DWIN"-DATED- :
FEBRUARY 26, 2010 BY WHM JR PLS, SUMMIT CONSULTING PROJECT 08-142
RECORDED IN THE OFFICE OF "THE ORANGE COUNTY REGISTER OF DEEDS
IN PLAT BOOK 106, PAGE 162 TO WHICH PLAT REFERENCE, IS HEREBY
MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME.
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 UDO and to Section 153A-341 of
the North Carolina General Statutes, the Board finds that the rezoning will not carry out the
intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, and
WHEREAS, the Board has found the proposed zoning atlas amendment is not reasonably
necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the rezoning
request, as referenced herein, is denied
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 ) 2013.
1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HE R* 'EBY'CERTIFY that the*foregoing is a true copy of.so much uch o i f the proceedings:of-said
I .
Board at a meeting held on 2013 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
12
WITNESS my hand and the seal of said County, this day of
2013.
SEAL
Clerk to the Board of Commissioners
13
Attachment 5
RES-2013-062
RESOLUTION CONCERNING
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Mr. Alexander Baldwin, an Orange County property owner, has initiated an
amendment to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange
County Unified Development Ordinance (UDO), and
WHEREAS, the rezoning petition seeks to rezone a 3.36 acre parcel of property off of
US Highway 70 identified with the Orange County Parcel Identification Number (PIN) 9893-81-
7503 to Economic Development Eno Higher Intensity (EDE-2), 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 sufficient documentation within the
record denoting that the rezoning will carry out the intent and purpose of the adopted 2030
Comprehensive Plan, as amended, 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. Objective 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. Objective 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
reasonable and in the public interest as it promotes public health, safety, and general welfare
by adopting the goals and purposes of the 2030 Comprehensive Plan or parfthofaof;
t
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BE IT RESOLVED by the Board of Commissioners of Orange County that the proposed
zoning atlas amendment, as described herein, has been deemed to be consistent with the
goals and policies of the adopted Orange County 2030 Comprehensive Plan and the BOCC
hereby adopts this statement of consistency signifying same.
Upon motion of Commissioner seconded by
Commissioner the foregoing ordinance was adopted this
.. day.of , 2013.
I, 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 2013 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
2013.
SEAL
Clerk to the Board of Commissioners
15
5
[Attachment 6
C
y
RES-2013-063
RESOLUTION CONCERNING
STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
t WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Mr. Alexander Baldwin, an Orange County property owner, has initiated an
amendment to the Orange County Zoning Atlas, as established in Section 1 .2 of the Orange
County Unified Development Ordinance (UDO), and
WHEREAS, the rezoning petition seeks to rezone a 3.36 acre parcel of property off of
'US Highway'70 identified with the Orange County Parcel Identification Number(F I'N)-9893-81-`
7503 to Economic Development Eno Higher Intensity (EDE-2), 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 there is insufficient documentation
within the record denoting that the rezoning will carry out the intent and purpose of the adopted
2030 Comprehensive Plan, as amended, or part thereof, and,
WHEREAS, the Board has found the proposed zoning atlas amendment is not in the
public interest as it does not promote the public health, safety, and general welfare.
BE IT RESOLVED by the Board of Commissioners of Orange County that the proposed
zoning atlas amendment, as described herein, has been deemed to be inconsistent with the
goals and policies of the adopted Orange County 2030 Comprehensive Plan and the BOCC
hereby adopts this statement of consistency signifying same.
Upon motion of Commissioner seconded . by
Commissioner the foregoing ordinance was adopted this
day of , 2013.
I, 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 2013 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
t
16
WITNESS my hand and the seal of said County, this day of
2013.
SEAL
Clerk to the Board of Commissioners
Attachment 7
Excerpt of approved minutes
i
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. 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=T503) 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)
_5
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— 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
k 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
Attachment 8
1 Excerpt of approved June 5, 2013
2 Planning Board minutes
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Minutes
ORANGE COUNTY PLANNING BOARD
JUNE 5, 2013
REGULAR MEETING
19
Approved 7/10/13
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
Representative; Buddy Hartley, Little River Township Representative; Tony Blake, Bingham Township Representative;
Herman Staats, At- Large, Cedar Grove Township; Johnny Randall, At -Large Chapel Hill Township; Alan Campbell,
Cedar Grove Township Representative
MEMBERS ABSENT: Andrea Rohrbacher, At -Large Chapel Hill Township; Dawn Brezina, Eno Township Representative;
Maxecine Mitchell, At -Large Bingham Township; Rachel Hawkins, Hillsborough Township Representative;
STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Tina Love, Administrative Assistant II
Agenda Item 7: ZONING ATLAS AMENDMENT — To make a recommendation to the BOCC on a property owner -
initiated amendment to the Zoning Atlas to rezone a 3.36 acre parcel of property along US
Highway 70 (PIN 9803 -81 -7503) from EDE -1 (Economic Development Eno Lower Intensity) to
EDE -2 (Economic Development Eno Higher Intensity). This item was heard at the May 28, 2013
quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
Michael Harvey: Reviewed abstract.
Pete Hallenbeck: The EDE -1 to the south of that property, the expectation is it would stay EDE -1.
Michael Harvey: Action on this item will not have any impact on the zoning of the southern property. Even if the zoning
of the Baldwin property is changed to EDE -2, the Orange County Unified Development Ordinance requires a 100 foot
perimeter buffer for all EDD zoned properties. Regardless of the zoning of the Baldwin property the 100 foot buffer will
still apply.
Pete Hallenbeck: The 100 foot buffer is only in the transition from EDD to something else, it is not EDE adjacent to
each other?
Michael Harvey: I am referring to the 100 foot perimeter buffer that has to surround the EDD zoned areas of the
County. The rezoning of this property will not impact or reduce this perimeter buffer requirement in any way. Let's
assume this parcel to the south of the Baldwin property were rezoned to Rural Residential. This would mean the
perimeter buffer would be imposed on the properties to the north. The rezoning of the Baldwin property from EDE -1 to
EDE -2 however will not impact this requirement. Also bear in mind there are different land use buffers required for
different land uses. EDD properties adjacent to one another have to have some form of land use buffer based on what
is proposed to be developed.
MOTION made by Lisa Stuckey to accept staffs recommendation and recommend approval to the Board of County
Commissioners.
VOTE: UNANIMOUS
54 AGENDA ITEM 11: ADJOURNMENT
55
56 MOTION: made by Tony Blake to adjourn. Seconded by Buddy Hartley.
57 VOTE: UNANIMOUS
58
59
Pete Hallenbeck, Chair
2
IOU
Approved 7/10/13
64 0 - .2 e> 3 '02rie-
9 - 513
6. Public Hearinas
a. Baldwin Zoning Atlas Amendment— Public Hearina Closure and Action
The Board received the Planning Board recommendation, closed the public hearing, and made a
decision on an owner-initiated Zoning Atlas Amendment to rezone a 3.36 acre parcel of property from
EDE-1 (Economic Development Eno Lower Intensity) to EDE-2 (Economic Development Eno Higher
Intensity) in accordance with the provisions of the Unified Development Ordinance (UDO).
Michael Harvey reviewed the maps of the parcel and said the Baldwins have indicated the EDE-2
zoning would be more acceptable, and staff has concurred. He referred to the abstract and concerns of
impact on properties to the south. He said there will be no impact to this area. He said the planning board
has voted unanimously that this is consistent with the comprehensive plan and should be approved.
A motion was made by Commissioner McKee seconded by Commissioner Pelissier to close the
public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to adopt
a. Attachment 3—Ordinance Amending the Zoning Atlas
b. Attachment 5—Statement of Consistency authorizing the zoning atlas amendments as detailed herein.
VOTE: UNANIMOUS
b. Approval of Ground Lease Between Orange County and American Towers, LLC
The Board considered conducting a public hearing on a potential Ground Lease Agreement with
American Towers, LLC, for the purpose of constructing and maintaining a communications tower in
northern Orange County; considered approving a Ground Lease Agreement with American Towers, LLC,
for the purpose of constructing and maintaining a communications tower in northern Orange County; and
contingent on Board approval, authorized the Chair to execute all necessary documents to effectuate the
Lease upon final review of the County Attorney.
Jeff Thompson reviewed the purpose of the hearing. He reviewed the site locator in the packets.
He said this tower with cable is capable of carrying commercial equipment, as well as emergency services
assets simultaneously. He referenced materials regarding AT&T coverage, as well as balloon test
information. He said the lease contemplates a non exclusive easement which will not interfere with the
Walnut Grove Solid Waste Convenience Center (SWCC) operations. He said American Towers has
completed its site survey and is ready to continue the permit process, subject to this lease approval.
Michael Harvey said he is here to give some background on this project. He said the Orange
County Unified Development Ordinance (UDO) creates a hierarchy for desired cell tower locations. He
said the first in the hierarchy is County owned property. He referenced that telecommunications master
plan map and said this map serves as a marketing tool to allow County staff to solicit from private and
county owned properties that are in essential locations.
He said he is aware of some concerns about this process. He referred to a timeline and said any
tower location on County property is subject to administrative approval. He said balloon tests must be
conducted, as well as neighborhood information meetings. He said a balloon test was conducted for this
site on August 18`h, and he was personally present. He said certified letters were sent to neighbors, along
with a newspaper article and signs, informing nearby residents of the balloon test; however there were no
residents present, other than those who stopped when they saw the balloon.
Michael Harvey said once this lease is finalized the applicant will be submitting the final site plan,
and Orange County planning staff will complete the remaining environmental review. He said, because of
the process of expanding the SWCC, there have already been several environmental studies on this
property, and there are not anticipated problems. He noted that ATT had previously looked at a property
south of this location, and there were some neighborhood concerns. The County property was then
offered, and it was determined that this property would be appropriate.
John Roberts gave a review of the lease. He said the property is 1000 square feet, and the lease
is for an initial 9 year term and will automatically renew for 6, 5 year terms. He said either party is able to