HomeMy WebLinkAboutORD-2013-033 Ordinance denying an amendment to Zoning Atlas Section 1.2 UDO Alexander Baldwin Parcel - See ORD-2013-032. 10
ATTACHMENT 4
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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
a
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
WHEREAS, the property to be rezoned is identified further as follows:
COMMENCING FROM AN EXISTING CONTROL, CORNER "A" IN TI IF.
SOUTHERN RIGHT OF WAY I,INE 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) MONNMENT "SKYLAND".
SAID MONUMENT HAVING NORTH CAROLINA GRID COORDINATES
NOR`I'H=832,994.54 FEET AND EAST 1,996,584.19 FEET, SAID CONTROL.
CORNER BEING MARKEI) BY AN EXISTING RAILROAD SPIKI- AND HAVING
N.C. GRID COORDINATES (NAD 83/01) NORTH=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 EXSITING IRON I.N.TH
SOUTHERN RIGHT OF WAY OF GROUCHO ROAD TI-IF POINT OF BEGINNING;
THENCE WITH SAID RIGHT OF WAY SOUTH 75 046'36" EAST A DISTANCF, 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 WITH TIIE 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
t
ANAGNOSTOPOULOS (DEED BOOK 1519, PAGE 267 ORANGE COUNTY
REGISTRY); THENCE WITH THE NORTHERN PROPERTY LINE OF SAID
OWNER SOUTH 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 T0A-N- .. ...... .....
IRON SET THE SOUTHERN CORNER OF THE ORANGE COUNTY ALCOHOLIC
BEVERAGE CONTROL #6 (DEED BOOK 255, PAGE 990 ORANGE COUNTY
REGISTRY); THENCE WITI-I THE EASTERN PROPERTY IJNE OF SAID OWNER
NORTH 13"5841" EAST DISTANCE OF 353.33 FEET TOTHE POINT OF
BEGINNING, AND BEING ALL OF LOT "B" CONTAINING 3.39 ACRES AS
SHOWN ON PLAT ENTITLED "FINAL PLAT' ALEXANDER BALDWIN DATED
FEBRtJARY 26, 201013Y 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 RE FERENCE 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
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.
12
WITNESS my hand and the seal of said County, this day of
2013.
i
t
j,
SEAL
Clerk to the Board of Commissioners
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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
14
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)
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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 Approved 7/10/13
1 Excerpt of approved June 5, 2013
2 Planning Board minutes
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9 NFNCFS_P03FTFC.t!Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
10 Representative; Buddy Hartley, Little River Township Representative; Tony Blake, Bingham Township Representative;
11 Herman Staats, At-Large, Cedar Grove Township; Johnny Randall, At-Large Chapel Hill Township; Alan Campbell,
12 Cedar Grove Township Representative
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NFNCFSPB;CTFC..S!Andrea Rohrbacher, At-Large Chapel Hill Township;.Dawn Brezina, Eno Township..Rep.resentative.:.... ... .. . ...
15 Maxecine Mitchell,At-Large Bingham Township; Rachel Hawkins, Hillsborough Township Representative;
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17 TU3G303FTFC! Michael Harvey, Current Planning Supervisor; Tina Love,Administrative Assistant II
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20 Bhf oeb!df n !8;! [POUCH BLWT!BNFCENFCU6 To make a recommendation to the BOCC on a property owner-
21 initiated amendment to the Zoning Atlas to rezone a 3.36 acre parcel of property along US
22 Highway 70 (PIN 9803-81-7503) from EDE-1 (Economic Development Eno Lower Intensity) to
23 EDE-2 (Economic Development Eno Higher Intensity). This item was heard at the May 28, 2013
24 quarterly public hearing.
25 Qf t f od si!!Michael Harvey, Current Planning Supervisor
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27 Michael Harvey: Reviewed abstract.
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29 Pete Hallenbeck: The EDE-1 to the south of that property,the expectation is it would stay EDE-1.
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3,1 Michael Harvey: Action on this item will not have any impact on the zoning.of the Southern propert y. Even.if the.zoning.. ..
32 of the Baldwin property is changed to EDE-2, the Orange County Unified Development Ordinance requires a 100 foot
33 perimeter buffer for all EDD zoned properties. Regardless of the zoning of the Baldwin property the 100 foot buffer will
34 still apply.
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36 Pete Hallenbeck: The 100 foot buffer is only in the transition from EDD to something else, it is not EDE adjacent to
37 each other?
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39 Michael Harvey: I am referring to the 100 foot perimeter buffer that has to surround the EDD zoned areas of the
40 County. The rezoning of this property will not impact or reduce this perimeter buffer requirement in any way. Let's
41 assume this parcel to the south of the Baldwin property were rezoned to Rural Residential. This would mean the
42 perimeter buffer would be imposed on the properties to the north. The rezoning of the Baldwin property from EDE-1 to
43 EDE-2 however will not impact this requirement. Also bear in mind there are different land use buffers required for
44 different land uses. EDD properties adjacent to one another have to have some form of land use buffer based on what
45 is proposed to be developed.
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47 NPUPO made by Lisa Stuckey to accept staffs recommendation and recommend approval to the Board of County
48 Commissioners.
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Approved 7/10/13
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56 NPUPq made by Tony Blake to adjourn. Seconded by Buddy Hartley.
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Pete'Hallenbeck, Chair
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