HomeMy WebLinkAboutAgenda - 02-24-2014 - C2M
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 24, 2014
Action Agenda
Item No. C.2
SUBJECT: Zoning Atlas Amendment— Easterlin Rezoning of 5908 US 70 East in Eno
Township
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENTS:
1. Zoning Application Packet
2. Vicinity Map
3. Notification Materials
INFORMATION CONTACT:
Michael D. Harvey, Planner III 245 -2597
Craig Benedict, Director 245 -2592
PURPOSE: To hold a public hearing on an owner - initiated general rezoning petition in
accordance with the provisions of the Unified Development Ordinance (UDO).
BACKGROUND: An application was submitted to the Current Planning Division to rezone an
approximately 12 acre parcel of property located at 5908 US 70 East in Eno Townshp:
FROM: Economic Development Eno Low Intensity (EDE -1); Economic Development
Eno High Intensity (EDE -2); and Lower Eno Protected Watershed Protection
Overlay.
TO: Economic Development Eno High Intensity (EDE -2) and Lower Eno Protected
Watershed Protection Overlay.
Pertinent facts of the application include the following:
Applicant: Donald and Donna Easterlin
2826 Devon Road
Durham, NC 27707
Agent: Michael Brough
Brough Law Firm
Chapel Hill North Carolina
Rezoning Location: 5809 US Highway 70 East. Please refer to Attachment 2 for a
vicinity map denoting the subject parcel.
Parcel Information: a. PIN — 0803 -11 -5662.
b. Size of Parcel — 12 acres in area with approximately 8.6 acres of
the property is zoned EDE -2 with the remaining acreage
(approximately 3.4 acres) zoned EDE -1.
50
c. Zoning of Parcel -- EDE -1 (Economic Development Eno Lower
Intensity) and EDE -2 (Economic Development Eno Higher
Intensity)
d. Township -- Eno
e. Future Land Use Element Map Designation — Economic
Development Transition Activity Node
f. Growth Management System Designation -- Urban.
g. Existing Conditions -- The property is developed supporting a
Class II Kennel operation and 199 foot tall telecommunication
tower. Appropriate Special Use Permits were previously issued
allowing for development of each individual use.
h. Access -- The property has direct access onto US Highway 70.
Surrounding Land Uses: a. North and East — Eno Trailer Park, approximately 40 acres in
area, split zoned EDE -1 and EDE -2.
b. South — US Highway 70
c. West — Undeveloped 19 acres parcel owned by Mr. John Woody
zoned EDE -2 and a 1.3 acre parcel zoned EDE -2 apparently
utilized as a single - family residence.
Please refer to Attachment 2 for a vicinity map denoting the subject
parcel and surrounding properties.
Proposal: As detailed within Attachment 1, the purpose of the amendment is to extend the
EDE -2 zoning designation over the entire property.
As previously indicated the property is currently utilized to support a Class II Kennel operation
and a telecommunications tower. Kennels are a permitted use of property, subject to the
issuance of a Class B Special Use Permit, in the EDE -2 zoning district and are prohibited within
the EDE -1 zoning district. According to the application, Mr. and Mrs. Easterlin are requesting
the rezoning to eliminate the existing split zoning and ensure the kennel operation is entirely
contained within the EDE -2 general use zoning designation.
Staff Analysis: In accordance with Section 2.8 of the UDO, the Planning Director is required to
`cause an analysis to be made of the application' and pass that analysis on the reviewing body.
In that respect the Planning Director states the following-
1 . The application has been deemed complete in accordance with the requirements of
Section 2.8 of the UDO.
2. The property is of sufficient size to be rezoned to the EDE -2 zoning designation.
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.
4. The site has no environmental encumbrances.
5. Staff supports eliminating the split zoning designation.
51
Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, the public
hearing for this item was advertised consistent with the requirements of the Ordinance. Legal
ads were placed in two newspapers of general circulation in the County for two (2) successive
weeks; notices were mailed via certified mail to property owners within 500 -feet of affected
properties; and a sign was posted on the US Highway 70 frontage of the affected property, in
accordance with State statutes.
The notice was mailed on February 7, 2014 and the sign posted on February 12, 2014.
For additional information please refer to Attachment 3.
FINANCIAL IMPACT: This rezoning request has been reviewed by County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION: The Planning Director recommends the Board:
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 April 15, 2014 BOCC regular
meeting.
4. Adjourn the public hearing until April 15, 2014 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
c 20 13 10:55a P • 2
�D LL Attachment 1
Orange County Planning and Inspections Department
tr ri sa
APPLICATION FOR
r ZONING ATLAS AMENDMENT
Cato ti` GENERAL USE REZONING REQUEST
APPLICANT INFORMATION:
Date:
Applicant: De �,J -4 Do rJ rN Ft i n` >Tt =e t r ) Phone:
Address: "? &- :Va,,s
_ Cell Phone:
-DC. -�Z+r' — i\jo- i`ic 'i E-mail . ,nc.
cat �, " r � C_c,rt {_, -4-e
PROPERTY SUBJECT TO REQUEST:'
Parcel Identification Number (PIN):
Address of property: U-5 H-w �e �/ a ;� Owner of property:
Current Zoning Designation: Requested Zoning Designation:
** If Applicant /Owner are different people, include a signed, notarized, statement indicating that the owner has authorized the
applicant to submit the request. In cases where there are multiple property owners, please attach an additional document
containing their signatures authorizing the submission of the application or other legal documentation establishing the
applicants right to file on their behalf. **
SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (UDO)
1) A Map, at a legible scale, showing the property(s) subject to the request, A map may be procured at the Planning Department for a
fee in accordance with the adopted Orange County Fee Schedule
2) A legal description of the property(s) proposed for rezoning
3) A list showing the names and addresses of all adjacent property owners within 500'feet of the subject property.
4) A detailed narrative denoting the following:
a, The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request.
b. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable necessary to promote the
public health, safety, and general welfare.
c. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive
Plan,
S) In cases involving amendments to the Special Flood Hazard Area Overlay District, applicants shall supply the following additional
information in accordance with Section 2.8.3 (G) of the UDO:
a. An elevation certificate with either an MT -1, MT -2, or MT -EZ (forms available through FE \4A) or
b. A 'No- impact' analysis for a letter of map revision
6) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application.
I (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas
Amendment application and understand only completed applications, containing all information required by the Orange County
UDO shall be reviewed and acted upon by the County. 'Further I (we) understand that any assistance I (we) may receive from
County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal
nor es it guarantee an approval of the proposed atlas amendment by the County.
A licant V Date:
� C77vj S,
Applicant Date:
Dec 20 13 10:55a
p.4
53
NARRATIVE IN SUPPORT
EASTERLIN OF AN APPLICATION SUBMITTED BY DON AND DONNA
REQUESTING A GENERAL, USE
IDENTIFIED REZONING OF THE PROPERTY
IN THE APPLICATION FROM EDE -I TO EDE -2
The applicants submit that the properties identified in this application should be rezoned from
zoning district EDE -1 to EDE -2 for the following reasons:
I. Applicants own and operate a "doggie day care" and boarding business known as Sunny
Acres Pet Resort at 5908 U.S. 70 Business in Orange County. The previous owner of this
property operated a similar business, the Durham Boarding Kennel, on this site pursuant to
a Special Use Permit issued by the Orange County Board
1986. of Adjustment on March 10,
2. The tract originally permitted for use as a dog kennel in 1986 is an irregularly shaped
Property approximately 7.5 acres in size. Since the applicants acpuired this property, they
have purchased additional adjoining lots (a total of approximately -- acres of additional
land), such that they now own a nearly square tract, with expanded frontage along the north
side of US. 70 Business and a common boundary line with a large tract of land immediately
to the east. Applicants plan to file an exempt subdivision plat recombining their existing
lots and creating two new lots: (i) a smaller lot surrounding the existing cell tower located
at the rear Of the property, and (ii) a larger lot consisting of the former Durham Boarding
Kennel site plus the additional adjoining properties that the applicants have since acquired.
Section 153A -34I of the North Carolina General Statutes states clearly that zoning
regulations shall be made "with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the county." It is plain that the
"most appropriate use" of the lots more recently acquired by the applicants is to integrate
them into the business already conducted on the remainder of the property. However, as
shown on the map included with this application, while the majority of the applicants'
property is zoned EDE -2, a portion of their property on the east side is zoned EDE -1.
Under the existing UDO, the applicants' business is classified as a "Kennel II," a use that
is permissible in the EDE -2 district with a special use permit issued by the board of
adjustment, but is not permissible at all in the EDE -1 Therefore, to make it possible for all
the property owned by the applicants at this one location to be used for the same purpose
(in the applicants case, the proposed use would be a Kennel II, but the same principle
applies even if the property were to be used for another purpose), the requested rezoning
should be granted. In short, the existing zoning is in error because it unnecessarily divides
Property under common ownership into separate zoning districts. The more logical place
to draw the dividing line between the EDE -2 and EDE -1 zoning districts is along the
common boundary line that separates the applicants' property from the adjoining tract to
the east. This will better serve the public welfare by "encouraging the most appropriate
use of [the applicants') land."
Dec 20 13 10:56a
54
p.5
4. The proposed rezoning is consistent with and carries out the purpose and intent of Chapter
3 of the Comprehensive plan, which encourages economic development. In particular, the
County created Economic Development Districts to "promote [commercial] development
of properties located along key transportation corridors and near urban areas...."
Applicants have already invested heavily in a now well- established commercial operation
in the EDE -2 district. This locally owned and operated business typically has full
and part time employees and provides an important and welcome service to the residents
of Orange County and nearby areas. The requested rezoning would make it possible for
the applicants to seek a special use permit authorizing the expansion of their business, thus
achieving the goal of increasing the tax base on this property. At the very least, even if the
expansion of the applicant's business did not occur, eliminating the "split zoning" of
applicants' property will increase the economic development opportunities for this
property.
VICINITY MAP - EASTERLIN Attachment 2 55
REZONING REQUEST
RGB
® Red: Band-1
- Green: Band _2
- Blue: Band-3
1 inch = 130 feet
O
Orange County Planning and Inspections Department
01/10/2014
56
Attachment 3
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245 -2575 ;= Suite 201
(919) 644 -3002 (FAX) P O Box 8181
www.co.orange.nc.us ' "'=4 �a� °" Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Section 2.8.7 of the Orange
County Unified Development Ordinance I have mailed, or have caused to be mailed, a
Notice of Public Hearing to be held regarding the processing of a Zoning Atlas Amendment
application submitted by Mr. and Ms. Donald and Donna Easterlin requesting the rezoning
of a parcel of property, totaling approximately 12 acres in land area, at 5908 US Highway 70
East, further identified utilizing the Orange County Parcel Identification Number (PIN) 0803-
11 -5662:
FROM: Economic Development Eno Low Intensity (EDE -1); Economic
Development Eno High Intensity (EDE -2); and Lower Eno Protected
Watershed Protection Overlay.
TO: Economic Development Eno High Intensity (EDE -2) and Lower Eno
Protected Watershed Protection Overlay.
Approximately 8.6 acres of the property is zoned EDE -2 with the remaining acreage
(approximately 3.4 acres) zoned EDE -1 (please refer to the attached map for additional
detail).
The owners were identified according to the Tax Records and as required by Section 2.8.7
of the Orange County Unified Development Ordinance. The mailed notice specified the
date, time, place and subject of the Public Hearing.
WITNESS my hand, this 12th day of February 2014.
�L
ichae . t6rv&y,'AICP
Current Planning Supervisor
57
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 644 -3002 (FAX)
www.co.orange.nc.us
131 West Margaret Lane
P O Box 8181
Hillsborough,
North Carolina, 27278
February 7, 2014
Subject: NOTIFICATION OF PUBLIC HEARING to review a Zoning Atlas
Amendment request submitted by Donald and Donna Easterlin to rezone portions
of their property along US Highway 70 East
To Whom It May Concern:
This letter is being sent to inform you that the Orange County Board of Commissioners
and the Planning Board have scheduled a joint PUBLIC HEARING to review a ZONING
ATLAS AMENDMENT request, submitted by Mr. and Mrs. Donald and Donna Easterlin
(hereafter `the applicant') to rezone approximately 12 acre parcel of property located at 5908 US
70 East in Eno Township:
FROM: Economic Development Eno Low Intensity (EDE -1); Economic Development
Eno High Intensity (EDE -2); and Lower Eno Protected Watershed Protection
Overlay.
TO: Economic Development Eno High Intensity (EDE -2) and Lower Eno
Protected Watershed Protection Overlay.
The parcel in question is currently split zoned with a Parcel Identification Number (PIN)
of 0803 -11 -5662. Approximately 8.6 acres of the property is zoned EDE -2 with the remaining
acreage (approximately 3.4 acres) zoned EDE -1 (please refer to the attached map for additional
detail).
The property is currently utilized to support a Class II Kennel operation and a
telecommunications tower. Kennels are a permitted use of property, subject to the issuance of a
Class B Special Use Permit, in the EDE -2 zoning district and are prohibited within the EDE -1
zoning district. According to the application, Mr. and Mrs. Easterlin are requesting the rezoning
to eliminate the existing split zoning and ensure the kennel operation is entirely contained within
the EDE -2 general use zoning designation.
The property subject to this petition is located within the Economic Development
Transition Activity Node land use category 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.
ANO
As an adjacent property owner you have the right to address the Board(s) concerning this
request. The meeting to review this case is scheduled for Monday February 24, 2014 at 7:00
p.m. in the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough,
North Carolina.
The full text of the application and staff report for this item may be obtained no later than
February 14, 2014 at the County website www.co.oran e.ig� ic.us at the Meeting Agendas link.
If you have any questions concerning this request, please contact staff at (919) 245 -2575.
Sincerely,
Michael D. Harve , TCP, CFM, CZO
Current Planning Supervisor
Planner III
Orange County
VICINITY MAP - EASTERLIN
REZONING REQUEST 59
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- Green: Band-2
Blue: Band-3
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01/10/2014
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PIN
OWNERI_LAST
OWNERI_FIRST
OWNER2_LAST
OWNER2_FIRST
803115662
EASTERLIN
DONALD J III
EASTERLIN
DONNA B
803008841
NICHOLS
DEE ANN
NICHOLS
DWIGHT
803015420
WOODY
JOHN KJR
WOODY
JUDYW
9893919888
WOODY
JOHN K JR
WOODY
JUDY W
803023350
WOODY
JOHN KJR
WOODY
JUDY
803115171
EASTERLIN
DONALD J III
EASTERLIN
DONNA B
803200516
WHITEHALL II
LLC
803113215
EASTERLIN
DONNA B
EASTERLIN
DONALD J III
803006837
BOGUE
SANDRA
803101695
FORMAX PROPERTIES
LLC
803106517
BATSON
KAREN J
BATSON
JAMES M III
803110233
POSTER
EMIL
BOSTER
JUDY
803211773
ENO PARK PROPERTIES
ILLC
63
ADDRESSI
ADDRESS2
CITY
STATE
ZIPCODE
5908 HWY 70 WEST
DURHAM
NC
27705
5701 US HWY 70 E
DURHAM
NC
27705
55 KIMBERLY DR
DURHAM
NC
27707
55 KIMBERLY DR
DURHAM
NC
27707
55 KIMBERLY DR
DURHAM
NC
27707
5908 HWY 70 WEST
DURHAM
NC
27705
P O BOX 52118
DURHAM
NC
27717
2826 DEVON RD
DURHAM
NC
27707
P O BOX 2650
DURHAM
NC
27715
3415 ARTHURS WAY
DURHAM
NC
27705
712 -D ENON RD
null
OXFORD
NC
27565
5900 US 70 E
DURHAM
NC
27705
PO BOX 2512
DURHAM
NC
27715
64