HomeMy WebLinkAboutORD-2013-041 Ordinance denying OC Zoning Atlas Amendment - Keizer Rezoning of 2.7 Acre Parcel - 3604 Southern Drive. See ORD-2013-40 for correct Ord. ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2013
Action Agenda
Item No. 6-a
SUBJECT: Zoning Atlas Amendment — Keizer Rezoning of 2.7 Acre Parcel — 3604
Southern Drive — 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. September 9, 2013 Quarterly Public Craig Benedict, Director, (919) 245-2592
Hearing 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 Draft September 9, 2013
Quarterly Public Hearing Minutes
8. Excerpt of Draft October 2, 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 2.7 acre parcel'of
property located at 3604 Southern Drive (PIN 9844-86-5155) from Rural Residential (R-1) and
Light Industrial (1-1) to Light Industrial (1-1) 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 September 9, 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 September 9, 2013 Quarterly Public Hearing
where staff indicated the property is currently split zoned with the required parking area and
septic system serving the existing industrial operation located on the R-1 zoned portion of
property.
The applicants expressed concern over their continued ability to have septic and parking
supporting the existing industrial operation on the residentially zoned portion property. They are
2
seeking to rectify the problem by extending the existing industrial zoning over the entire property
to ensure their perpetual ability to maintain existing infrastructure necessary for the business.
During the hearing the following questions were asked:
1. A BOCC member asked staff to clarify the zoning of the property.
Staff Comment: As detailed within the abstract the property is split zoned Rural
Residential (R-1) and Light Industrial (1-1). The property is also located within the Upper
Eno Protected Watershed Protection Overlay District.
2. A BOCC member asked if the rezoning request for this parcel would impact the zoning of
the property to the south and east.
Staff Comment. The extension of the 1-1 zoning over the remaining portion of 3604
Southern Drive will not impact the zoning of the property to the south or east. Staff
pointed out, however, that the Keizer's have submitted a request to rezone the 2 parcels
to the south and east to 1-1 to allow for a possible expansion of the existing industrial
operation.
Staff reminded the Board the decision to approve this specific request would be based on
the appropriateness of the application, and its compliance with the Comprehensive Plan,
and not on the possible expansion of the existing non-residential land use.
Agenda materials from the September 9, 2013 Quarterly Public Hearing can be viewed at:
http://orangecountync.gov/occierks/130909.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 1-1.
3. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Future
Land Use Map, the Growth Management System, and the adopted Efland Mebane
Small Area Plan.
Planning Board Recommendation: At its October 2, 2013 regular meeting, the Board voted
unanimously to recommend approval of the rezoning request consistent with the staff
recommendation. Agenda materials from the October 2, 2013 Planning Board meeting can be
viewed at: http://orangecountync.gov/planning/documents/Oct2013PBPacket-web.pdf.
Please refer to Attachment 3 for the ordinance amending the zoning atlas and Attachment 5 for
the resolution concerning 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 BOCC 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(S): The Interim 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 Resolution Concerning Statement of Consistency
authorizing the zoning atlas amendments as detailed herein.
Attachment 1
Vicinity Map - Kezer Rezoning
PIN 9844-86-5155
Subject Parcel `
Maria and Ronald Keizer t`
PIN 9844-86-5155
2.7 acres
Split zoned
Light Industrial (1-1) and Rural Residential (R-1) � ``
i
Proposed to be rezoned 1-1 by applicant Forrest �4Venue =
Southern Drive
r.�
LC1
�R+
¢�c
k.r
R-1
R-1
R-1
Turner Street
R_1
C_
I__ Township Boundary
®City Limits N 1 inch=208 feet
ETJ v
2010 Images
RGB
Red: Band_1 Orange County Planning and Inspections Department
-Green:Band_2 5/30/2013
-Blue: Band-3
5
Attachment 2
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 Monday, September 9, 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), Ms. Maria Keizer and Mr. Ronald Keizer have
submitted a request to rezone a 2.67 acre parcel of property located at 3604
Southern Drive (PIN 9844-86-5155)
FROM: Rural Residential (R-1) and Light Industrial (1-1)
TO: Light Industrial (1-1)
The parcel is currently utilized to support USA Dutch Incorporated, a sheet metal
fabrication operation that has operated since 1987. Ms. Keizer owns the
property and her son, Ronald Keizer, operates the existing commercial operation.
According to the application, the applicants are interested in extending the
existing industrial zoning over the entire property in order to ensure parking,
storage spaces, access roads, land use buffers, and septic systems are properly
zoned in support of the existing industrial operation.
The property subject to this petition is located within the Commercial Industrial
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. 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), Ms. Maria Keizer and Mr. Ronald Keizer have
submitted a request to rezone 2 parcels of property, totaling approximately 16
acres in land area:
FROM: Rural Residential (R-1)
TO: Light Industrial (1-1)
The parcels, further identified utilizing Orange County Parcel Identification
Numbers (PIN) 9844-86-7573 and 9844-87-7368, are undeveloped and without
6
an assigned street address. These parcels are east and south, respectively, of
the USA Dutch property located at 3604 Southern Drive.
According to the application, USA Dutch has an offer to purchase both properties
for the purpose of expanding their existing sheet metal fabrication operation. As
a result, they would like to extend the 1-1 zoning designation in support of the
proposed expansion.
The properties subject to this petition are located within the Commercial
Industrial 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.
3. Unified Development Ordinance (UDO) Text Amendment: In accordance with
the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the Unified Development Ordinance, the Planning Director has
initiated an amendment to the text of the Unified Development Ordinance (UDO).
The proposal seeks to add a new Section 2.24 entitled Governmental Uses,
renumber existing Section 2.24 and subsequent sections accordingly, and modify
the `government' land use category within Section 5.2.2 Table of Permitted Uses
— Economic Development District to add the term `uses'. References to
subsequent renumbered sections occur throughout the LIDO and will be updated
including amendments to Section(s) 2.22.5, 2.23.9, 9.5.4, 9.6.6, 9.7.2, and 9.8.5.
The purpose of the amendments is to change the application review process to
require a neighborhood information meeting as part of the site plan review
process for governmental uses. Examples of governmental uses include rescue
squads, fire stations, solid waste convenience centers, governmental office
buildings, and military installations.
Purpose: To review the item and receive public comment on the proposed
amendment.
4. Eno Economic Development District Access Management Plan: As an
implementation measure of the Eno Economic Development District (EDD) Area
Small Area Plan, an access management plan has been developed for the Eno
EDD. An access management plan is intended to provide better transportation
systems and capacities as development proceeds in an area. Formally adopted
transportation access plans are necessary to procure federal and state funding
for projects and to require developer action and contribution in providing
transportation infrastructure consistent with a master plan.
7
The proposed access management study area involves approximately 980 acres
of land in the vicinity of US Highway 70 and Old Highway 10 (near Durham
County).
The draft Access Management Plan is available on the Orange County Planning
Department website at: hftp://oran.gecountync.gov/i)lannina/SpecialProiects.asp
Purpose: To review the item and receive public comment on the Draft Eno
Economic.Development District Access Management Plan.
PUBLIC INFORMATION MEETING/OPEN HOUSE
for this proposal
In an effort to better inform interested persons in an informal setting, a Public
Information Meeting/Open House will be held on September 4, 2013 from
4:30 — 6:30 pm at the Shared Visions Retreat Center (historic Murphey
School), 3717 Murphey School Rd., Durham, NC.
5. Town of Hillsborough/Orange County Central Orange Coordinated Area
Land Use Plan: Consistent with the Hillsborough-Orange Interlocal Land
Management Agreement (December 2009), the Town of Hillsborough adopted a
Future Land Use Plan in March 2013 for its planning jurisdiction and some
additional areas of County jurisdiction. These additional areas of County
jurisdiction are located within the Town's Urban Service Boundary for its public
water and/or sewer services and are generally located around the Town's fringe.
Orange County staff, Board of County Commissioners, and the public provided
input throughout the Town's planning process.
This public hearing is being held by Orange County on future land uses proposed
for the areas of County jurisdiction located within the Town's Urban Service
Boundary. This is the next step towards completion of a joint Town of
Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan.
Additional information including a link to the draft Land Use Plan is available on
the Orange County Planning Department website
at: http://www.co.orange.nc.us/plannin
Purpose: To receive. public comment and receive direction from the Board of
Commissioners as to subsequent steps towards a joint Town of
Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan.
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
8
below. The full text of the public hearing items may be obtained no later than August
30, 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
August 28, 2013 August 28, 2013
September 4, 2013 September 4, 2013
9
ATTACHMENT3
Ordinance#:2013-040
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 a 2.1 acre portion of an approximately 2.7 acre parcel of property located at 3604
Southern Drive further identified utilizing Orange County Parcel Identification Number (PIN)
9844-86-5155 to Light Industrial (1-1), and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an existing iron pipe in the south right-of-way line of Southern Drive
(SR 1317); thence South 88 deg. 15' East 170 feet to an iron pipe; thence South
00 deg. 10' 55" West 665.34 feet to an iron pipe; thence North 89 deg. 49' 05"
West 99.49 feet to an iron; thence South 00 deg. 21' 05" West 43 feet to an iron;
thence North 89 deg. 38' 55" West 69.14 feet to an iron; thence North 00 deg. 01'
51" West 318.34 feet to an iron pipe; thence North 00 deg. 10' 55" East 394.54
feet to the point and place of Beginning and containing approximately 2.7 acres,
more or less.
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. Obiective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned locations of
public transportation, commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high-speed internet access,
streets, and sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable densities and
10
creating new mixed-use zoning districts where adequate public services are
available.
and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange
County Zoning Atlas is hereby amended to rezone the property as described herein to 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 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
11
ATTACHMENT 4
Ordinance#:2013-041
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
Development Ordinance (UDO), and
WHEREAS, This petition, submitted by Ms. Maria Keizer and Mr. Ronald Keizer, seeks to
rezone a 2.1 acre portion of an approximately 2.7 acre parcel of property located at 3604
Southern Drive further identified utilizing Orange County Parcel Identification Number (PIN)
9844-86-5155 to Light Industrial (1-1), and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an existing iron pipe in the south right-of-way line of Southern Drive
(SR 1317); thence South 88 deg. 15' East 170 feet to an iron pipe; thence South
00 deg. 10' 55" West 665.34 feet to an iron pipe; thence North 89 deg. 49' 05"
West 99.49 feet to an iron; thence South 00 deg. 21' 05" West 43 feet to an iron;
thence North 89 deg. 38' 55" West 69.14 feet to an iron; thence North 00 deg. 01'
51" West 318.34 feet to an iron pipe; thence North 00 deg. 10' 55" East 394.54
feet to the point and place of Beginning and containing approximately 2.7 acres,
more or less.
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.
12
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.
WITNESS my hand and the seal of said County, this day of ,
2013.
SEAL
Clerk to the Board of Commissioners
13
Attachment 5
RES-2013-087
RESOLUTION CONCERNING
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Ms. Maria Keizer, 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 2.1 acre portion of an
approximately 2.7 acre parcel of property located at 3604 Southern Drive further identified
utilizing Orange County Parcel Identification Number (PIN) 9844-86-5155 to Light Industrial (I-
1), 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 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. 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.
e. Obiective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned locations of
public transportation, commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high-speed internet access,
streets, and sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable densities and
creating new mixed-use zoning districts where adequate public services are
available.
and,
WHEREAS, the Board has found the proposed zoning atlas amendment to be
reasonable and in the public interest as it promotes public health, safety, and general welfare
by furthering the goals and purposes of the 2030 Comprehensive Plan or part thereof,
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.
14
Upon motion of Commissioner seconded by
Commissioner the foregoing ordinance was adopted this
day of
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
Attachment 6
RES-2013-088
RESOLUTION CONCERNING
STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Ms. Maria Keizer, 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 2.1 acre portion of an
approximately 2.7 acre parcel of property located at 3604 Southern Drive further identified
utilizing Orange County Parcel Identification Number (PIN) 9844-86-5155 to Light Industrial (I-
1), 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.
WITNESS my hand and the seal of said County, this day of ,
2013.
SEAL
Clerk to the Board of Commissioners
16
Attachment 7
Excerpt of draft minutes
1 DRAFT MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 ORANGE COUNTY PLANNING BOARD
4 QUARTERLY PUBLIC HEARING
5 September 9, 2013
6 7:00 P.M.
7
8 The Orange County Board of Commissioners and the Orange County Planning Board
9 met for a Quarterly Public Hearing on Monday, September 9, 2013 at 7:00 p.m. at the DSS
10 Offices, Hillsborough Commons, Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners mark
13 Dorosin, Alice M. Gordon, Earl McKee Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
16 COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
17 David Hunt(All other staff members will be identified appropriately below)
18 PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck, and Planning Board
19 members, Maxecine Mitchell, Johnny Randall, Lisa Stuckey, Stephanie O'Rouke, Paul Guthrie,
20 and Herman Staats
21 PLANNING BOARD MEMBERS ABSENT: Tony Blake, Andrea Rohrbacher, Rachel Phelps
22 Hawkins, James Lea and H.T. "Buddy" Hartley
23
24 C. PUBLIC HEARING ITEMS
25
26 Chair Jacobs called the public hearing to order. He noted that Pete Hallenbeck would
27 preside over the meeting.
28
29 The following Planning Board members were present: Chair Pete Hallenbeck,Maxecine
30 Mitchell, Lisa Stuckey, Stephanie O'Rouke, Paul Guthrie, and Herman Staats.
31
32 1. Zoning Atlas Amendment—To review a property owner-initiated amendment to the
33 Zoning Atlas to rezone a 2.67 acre parcel of property located at 3604 Southern Drive
34 (PIN 9844-86-5155)from Rural Residential (R-1) and Light Industrial (1-1) to Light
35 Industrial (1-1).
36
37 Michael Harvey reviewed a series of maps pertaining to the requested zoning atlas
38 amendment. He reviewed the following background information:
39
40 BACKGROUND
41 PIN—9844-86-5155.
42 • Size of Parcel—2.67 acres.
43 • Future Land Use Element Map Designation —Commercial Industrial Transition Activity
44 Node
45 • Growth Management System Designation -- Urban.
46 • Existing Conditions--The property is developed and utilized to support a metal sheet
47 fabrication operation.
48 • Access--The property has direct access onto Southern Drive.
49
50 REQUEST:
51 • Property is split zoned residential and industrial.
52 • Necessary infrastructure(i.e. septic, parking) on residentially zoned portion of property.
53 • Applicant concerned over long-term ability to continue operation with necessary
54 components on`residentially'zoned property.
17
1 Applicant requests entire property be zoned 1-1 (Light Industrial)so `use'would be
2 considered conforming.
3
4 FUTURE LAND USE MAP:
5 COMMERCIAL/INDUSTRIAL TRANSITION:
6 • Per approved Comprehensive Plan area `appropriate for retail and other commercial
7 uses andlor manufacturing and other industrial uses'.
8 • County did not eliminate all residential zoning in the area when land use category
9 created/adopted so individuals could still make use of property.
10 • Area is intended to support non-residential development including industrial (i.e.
11 manufacturing).
12
13 STAFF ASSESSMENT:
14 • The application is complete.
15 • The property is of sufficient size.
16 Rezoning consistent with the Orange County 2030 Comprehensive Plan, Growth
17 Management System Map, and adopted Efland Mebane Small Area Plan,
18 • Represents logical extension of existing 1-1 district.
19 • Applicant's issue is not unique.
20 • Staff has previously identified similar problems on other properties throughout the
21 County.
22 • Staff will be bringing a comprehensive solution for consideration by the BOCC in the fall.
23 • Staff did not want applicant to wait for staff's review to be complete and encouraged the
24 submittal of rezoning request.
25
26 RECOMMENDATION:
27 1. Refer the matter to the Planning Board with a request that a recommendation be
28 returned to the Board of County Commissioners in time for the November 5, 2013
29 BOCC regular meeting.
30 2. Adjourn the public hearing until November 5, 2013 in order to receive and accept the
31 Planning Board's recommendation and any submitted written comments.
32
33 Michael Harvey said this is not an uncommon issue, and it is due to past zoning
34 practices that restricted commercial zoning to a small square around industrial buildings, while
35 leaving all other areas as residential space. He said staff will be bringing forward more parcels
36 in the future as attempts are made to fix the zoning issues on those lots as well.
37
38 Commissioner Dorosin asked for clarification on the commercial/industrial transition slide
39 and the fact that residential zoning is not eliminated.
40
41 Michael Harvey said there is residential zoning in the area. He said the purpose of the
42 activity node is to encourage and create more retail and manufacturing opportunities by the
43 extension of the land use category; however residential land use was not eliminated as part of
44 this.
45 He noted that Ronald Keizer and any other non-residential land owner in the area will be
46 held to the existing land use buffer standards, as listed in article 6.
47
48 Commissioner Dorosin said he is not sure he understands the map and zoning
49 designations on the future land use map.
50
18
1 Michael Harvey said the map does not designate zoning; it designates land use
2 category. He said this category is meant to encourage retail and manufacturing, however there
3 is underlying rural residential zoning in the area. He said this rural/residential zoning is not
4 invalidated, and it is still protected in the UDO. He noted that future use and focus for this area
5 will be additional non-residential application of land use.
6
7 Commissioner Dorosin asked for clarification on the zoning of this area. He said the
8 designations and zoning are confusing.
9
10 Michael Harvey said, as the comprehensive plan points out, certain areas of the County
11 have been identified as targets to encourage specific types of land use.
12
13 Commissioner Dorosin said a plan has been developed to encourage certain land use,
14 but this did not include zoning changes to encourage that development.
15
16 Michael Harvey said this is correct;these areas were not pre-zoned.
17
18 Commissioner Dorosin asked if the plan is to re-zone these areas, or if this will happen
19 in a piecemeal fashion like the Board is seeing tonight.
20
21 Michael Harvey said the plan is that this will happen as the market demands it.
22
23 Commissioner Dorosin said he is just trying to understand the context.
24
25 Frank Clifton said there is an assumption by some landowners that re-zoning means
26 values and property taxes will go up. He said this is not necessarily true.
27
28 Commissioner Dorosin said this map is misleading for a person who is not well versed in
29 this issue.
30
31 Frank Clifton said the map Commissioner Dorosin is referring to is a planning map for
32 future use, versus a zoning map of current designations.
33
34 Planning Board member Johnny Randall arrived at 7.37.
35
36 Commissioner Rich asked how the zoning change will affect the protected watershed
37 area.
38
39 Michael Harvey said the overlay will not be altered. He said Ronald Keizer and his
40 business will be held to the same standards regarding impervious surface limits and stream
41 buffer protections.
42
43 Commissioner Price said the packet did not seem to indicate any major changes in the
44 business activity on the property.
45
46 Michael Harvey said there will be no major changes on this request. He noted the
47 second item is a different request for a different issue.
48
49 Chair Jacobs said he would like to follow up on Commissioner Dorosin's question. He
50 said one difference between this economic development district and the Hillsborough one is that
51 the others have fewer and larger parcels. He noted that this area is full of smaller residential
52 lots. This makes it challenging to do a blanket re-zoning.
53
19
1 Pete Hallenbeck asked for any comments from the planning board, and he introduced
2 the applicant, Ronald Keizer.
3
4 PUBLIC COMMENT
5 Ronald Keizer, owner of USA Dutch, said he left some brochures regarding his
6 company. He said he would like to expand his business, and he hopes he will be allowed to do
7 this. He said he will be happy to answer questions
8 Chair Jacobs asked if any member of the Board had comments.
9
10 A motion was made by Commissioner Pelissier, seconded by Commissioner McKee to:
11 1. Refer the matter to the Planning Board with a request that a recommendation be
12 returned to the Board of County Commissioners in time for the November 5, 2013
13 BOCC regular meeting.
14 2. Adjourn the public hearing until November 5, 2013 in order to receive and accept the
15 Planning Board's recommendation and any submitted written comments.
16
17 VOTE: UNANIMOUS
20
DRAFT
1
2 Attachment 8
3
4 Excerpt of draft minutes
5
6 DRAFT MINUTES
7 ORANGE COUNTY PLANNING BOARD
8 OCTOBER 2,2013
9 REGULAR MEETING
10
11
12 MEMBERS PRESENT: Peter Hallenbeck(Chair),Cheeks Township Representative;Lisa Stuckey,Chapel Hill Township
13 Representative; Maxecine Mitchell, At-Large Bingham Township; Tony Blake, Bingham Township Representative;
14 Herman Staats, At-Large, Cedar Grove Township; James Lea, Cedar Grove Township Representative; Andrea
15 Rohrbacher,At-Large Chapel Hill Township; Paul Guthrie,At-Large Chapel Hill Township;
16
17
18 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township; Buddy Hartley, Little River Township
19 Representative;Stephanie O'Rourke, Eno Township Representative;Vacant-Hillsborough Township Representative;
20
21
22 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Special Projects Coordinator; Michael Harvey,
23 Current Planning Supervisor; Tom Altieri, Comprehensive Planning Supervisor; Ashley Moncado, Special Projects
24 Planner;Abigaile Pittman,Transportation/Land Use Planner;Tina Love,Administrative Assistant II
25
26
27 Agenda Item 7: Zoning Atlas Amendment—To make a recommendation to the BOCC on a property owner-
28 initiated amendment to the Zoning Atlas to rezone a 2.67 parcel of property located at 3604
29 Southern Drive(PIN 9844-86-5155)from Rural Residential (R-1) and Light Industrial (1-1)to
30 Light Industrial(1-1). This item was heard at the September 9,2013 quarterly public hearing.
31 Presenter: Michael Harvey,Current Planning Supervisor
32
33 Michael Harvey: (Reviewed abstract). We have provided a synopsis of the questions asked at the public hearing.A
34 Commissioner wanted staff to clarify if this property was in an overlay zoning district specifically a watershed overlay
35 zoning district which it is, Upper Eno Protected,that means there is going to be impervious surface limits imposed on
36 any expansion of this property. There was also a question asked if the rezoning of this parcel would have an impact
37 on any property surrounding,and the answer is no. The only public comment I have received from the public hearing
38 is a call from Miss May who live right here(pointed out on location map),who expressed consternation that I made
39 Mr. Keizer go through this process at all. You have a planning staff recommendation of approval and the rationale for
40 our decision is the application was submitted in compliance with the UDO, the property is of sufficient size to be
41 rezoned as requested, and the rezoning is consistent with the Comprehensive Plan, Future Land Use Map, the
42 Growth Management System Map, and the adopted Efland-Mebane Small Area Plan.
43
44 MOTION made by Tony Blake to approve Attachments 2 and 3 to rezone the Keizer property a 2.67 acre parcel of
45 property located at 3604 Southern Drive. Seconded by Maxecine Mitchell.
46
47 VOTE:Unanimous
48
1
9
ATTACBNMNT 3
Ordinance#:2013-040
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 a 2.1 acre portion of an approximately 2.7 acre parcel of property located at 3604
Southern Drive further identified utilizing Orange County Parcel Identification Number (PIN)
9844-86-5155 to Light Industrial (1-1), and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an existing iron pipe in the south right-of-way line of Southern Drive
(SR 1317); thence South 88 deg. 15' East 170 feet to an iron pipe; thence South
00 deg. 10' 55" West 665.34 feet to an iron pipe; thence North 89 deg. 49' 05"
West 99.49 feet to an iron; thence South 00 deg. 21' 05" West 43 feet to an iron;
thence North 89 deg. 38' 55" West 69.14 feet to an iron; thence North 00 deg. 01'
51" West 318.34 feet to an iron pipe; thence North 00 deg. 10' 55" East 394.54
feet to the point and place of Beginning and containing approximately 2.7 acres,
more or less.
WHEREAS, the requirements of Section.2.8 of the Unified Development Ordinance (UDO)
have been deemed complete, and
WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the LIDO and to Section 153A-341 of
the North Carolina General Statutes, the Board finds that the rezoning will carry out the intent
and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited
to, the following:
a. The Future Land Use Map.
b. Principle 7: Promotion of Economic Prosperity and Diversity.
c. Economic Development (ED) Overarching Goal: Viable and sustainable
economic development that contributes to both property and sales tax revenues,
and enhances high-quality employment opportunities for County residents.
d. 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. Obiective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned locations of
public transportation, commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high-speed internet access,
streets, and sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable densities and
10
creating new mixed-use zoning districts where adequate public services are
available.
and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange
County Zoning Atlas is hereby amended to rezone the property as described herein to 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 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
11
ATTACHMENT 4
Ordinance#:2013-041
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
Development Ordinance (UDO), and
WHEREAS, This petition, submitted by Ms. Maria Keizer and Mr. Ronald Keizer, seeks to
rezone a 2.1 acre portion of an approximately 2.7 acre parcel of property located at 3604
Southern Drive further identified utilizing Orange County Parcel Identification Number (PIN)
9844-86-5155 to Light Industrial (1-1), and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an existing iron pipe in the south right-of-way line of Southern Drive
(SR 1317); thence South 88 deg. 15' East 170 feet to an iron pipe; thence South
00 deg. 10' 55" West 665.34 feet to an iron pipe; thence North 89 deg. 49' 05"
West 99.49 feet to an iron; thence South 00 deg. 21' 05" West 43 feet to an iron;
thence North 89 deg. 38' 55" West 69.14 feet to an iron; thence North 00 deg. 01'
51" West 318.34 feet to an iron pipe; thence North 00 deg. 10' 55" East 394.54
feet to the point and place of Beginning and containing approximately 2.7 acres,
more or less.
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.
12
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