HomeMy WebLinkAboutAgenda - 04-15-2014 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 15, 2014
Action Agenda
Item No. 5-a
SUBJECT: Zoning Atlas Amendment— Easterlin Rezoning of 5908 US 70 East in Eno
Township — Public Hearing Closure and Action (No Additional Comments
Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Approved February 24, 2014 Quarterly Michael D. Harvey, Planner III, (919) 245-2597
Public Hearing Legal Ad Craig Benedict, Director, (919) 245-2592
2. Vicinity Map
3. Ordinance Approving Rezoning Petition
4. Statement of Consistency with
Comprehensive Plan
5. Ordinance Denying Rezoning Petition
6. Statement of Inconsistency with
Comprehensive Plan
7. Excerpt of Draft Minutes from February
24, 2014 Quarterly Public Hearing
8. Excerpt of Approved Minutes from March
5, 2014 Planning Board
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on an owner-initiated general rezoning petition 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 February 24, 2014
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 February 24, 2014 Quarterly Public Hearing
where staff indicated the property owners, Mrs. and Mr. Donna and Donald Easterlin, have
applied to rezone an 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.
r
2
Approximately 8.6 acres of the property is currently zoned EDE-2 with the remaining acreage
(approximately 3.4 acres) zoned EDE-1. As indicated during the hearing, the purpose of the
amendment is to extend the EDE-2 zoning designation over the entire property.
Agenda materials from the February 24, 2014 Quarterly Public Hearing can be viewed at:
http //orangecountvnc.g_ov/occlerks/140224.pdf. There were no comments made at the hearing
on this item.
Planning Director's Recommendation: The Planning Director recommends approval of the
request finding that:
1. The application is complete in accordance with the requirements of Section 2.8 of the
UDO.
2. The property is of sufficient size to be rezoned to EDE-2.
3. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Future
Land Use Map, the Growth Management System, and the adopted Eno Economic
Development District Area Small Area Plan.
Planning Board Recommendation: At its March 5, 2014 regular meeting, the Board voted
unanimously to recommend approval of the zoning atlas amendment consistent with the staff
recommendation. Agenda materials from this meeting can be viewed at:
http://orangecountvnc gov/planning/documents/3.5.14PBPacket.pdf. An excerpt of the
approved minutes from the meeting are contained within Attachment 8.
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. The Planning Board may consider additional oral evidence 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.
FINANCIAL IMPACT: This 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(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation;
2. Close the public hearing; and
3. Decide accordingly and/or adopt:
a. Attachment 3 - Ordinance Amending the Zoning Atlas
b. Attachment 4- Statement of Consistency
authorizing the zoning atlas amendments as detailed herein.
Attachment 1
3
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, February 24, 2014
at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or
against the following items:
1. Class A Special Use Permit: In accordance with the provisions of Section 2.7
Special Use Permits and Section 5.9.6 of the Orange County Unified Development
Ordinance (UDO), Strata Solar and Stout Farm LLC have submitted a Class A
Special Use Permit application seeking to develop a solar array/public utility
station on two parcels of property, totaling approximately 52 acres in area, off of
Redman Road between the railway and Interstate 85/40 in Cheeks Township.
Strata Solar intends to lease the parcels, with Parcel Identification Numbers (PIN) of
9844-06-5971 and 9844-17-2687, owned by Stout Farm LLC to develop a 5
megawatt facility involving the erection of individual solar arrays.
The properties in question are zoned Rural Residential (R-1), Upper Eno Protected
Watershed Protection and Major Transportation Corridor (MTC) Overlay Districts.
The properties are located within the Commercial Industrial Transition Activity Node
(CITAN) 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.
Purpose: To review the item and receive public comment on the application.
2. Zoning Atlas Amendment: In accordance with the provisions of Section 2.8 Zoning
Atlas and Unified Development Ordinance Amendments of the Orange County
Unified Development Ordinance (UDO), Mr. and Mrs. Don and Donna Easterlin
have submitted an application seeking to rezone an 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.
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
4
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.
Purpose: To review the item and receive public comment on the application.
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 UDO, Mr. and Mrs. Don and Donna Easterlin have submitted an
application seeking to amend Section 5.6.5 (A) (2) (b) Kennels (Class 1l) —
Standards of Evaluation to reduce required setbacks for Class II Kennels
developed within the EDE-2 zoning district.
Section 5.6.5 (A) (2) (b) of the UDO requires a Class II Kennel operation, including
outdoor runs, exercise yards, or buildings where animals are housed, to observe a
150 foot setback from property lines.
According to the application, Mr. and Mrs. Easterlin operate a Class II Kennel at
5908 US 70 East, the majority of which is zoned EDE-2. Portions of the operation,
permitted under an existing Special Use Permit issued on March 10, 1986, are within
the required 150 foot setback.
The proposed amendment would reduce the required setbacks for Class II Kennels,
developed within the EDE-2 zoning district, to 25 feet which is the typical setback
required for structures developed within the district.
Purpose: To review the item and receive public comment on the application.
4. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments 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 Unified Development
Ordinance, the Planning Director has initiated an amendment to the text of the 2030
Comprehensive Plan and the Unified Development Ordinance and to the Zoning
Atlas.
The purpose of these amendments is to establish two new zoning overlay
districts in the Efland area in Cheeks Township. These proposed actions are
measures to implement some of the recommendations contained in the adopted
Efland-Mebane Small Area Plan. This is virtually the same text amendment that was
heard at the November 19 2012 quarterly public hearing but the text amendment
was not adopted in 2013.
5
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding a checkmark to potentially allow a
special zoning overlay district in the following land use classifications: 20-Year
Transition, Commercial Transition Activity Node, Commercial-Industrial Transition
Activity Node, and Economic Development Transition Activity Node.
The following Sections of the UDO are proposed for amendment: 2.5.7 and 4.4.
Additionally, existing Sections 4.5 and 4.6 will be renumbered to 4.7 and 4.8,
respectively. New Sections 4.5 and 4.6 will be inserted to establish the new zoning
overlay districts. Existing Section 6.6.3 will be renumbered to be 6.6.5 and new
Sections 6.6.3 and 6.6.4 will be inserted to establish standards for the two proposed
zoning overlay districts.
The proposed renumbering will also affect references to the sections proposed for
renumbering. References will be updated in the following existing Sections: 4.5.1
(which will also be renumbered to 4.7.1), 6.8.12, and 7.13.2.
The Zoning Atlas is proposed to be amended in order to depict the geographic
extent of the two overlay districts.
The general geographic extent of the proposed "Efland Village Overlay District" is
the railroad tracks that run through Efland to slightly north of U.S. Highway 70 with
west-east boundaries of the Harding Road area and Gym Road.
The general geographic extent of the proposed "Efland Interstate Overlay District" is
the railroad tracks that run through Efland to Interstate 40/85 with west-east
boundaries of a line between Gaines Chapel Road and Center Street and the U.S.
70 Connector.
A map depicting the proposed overlay districts is available on the Planning
Department's website at: http://orangecountync.gov/planning/SpecialProlects.asp
Single-family residential uses are not subject to the proposed overlay districts.
Purpose: To review the item and receive public comment on the proposed text and
zoning atlas amendments.
5. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
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 Unified Development Ordinance, the Planning
Director has initiated an amendment to the text of the 2030 Comprehensive Plan
and the Unified Development Ordinance and to the Zoning Atlas.
The purpose of these amendments is to establish a zoning program commonly
referred to as Agricultural Support Enterprises (ASE). This text amendment
would establish the ASE program outside of the Rural Buffer land use
6
classification, as depicted on the Future Land Use Map of the 2030
Comprehensive Plan. This is a program that has been in development since 2001.
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding an ASE-CZ zoning district that
would potentially be allowed in the following Land Use Classifications: Commercial
Transition Activity Node, Commercial-Industrial Transition Activity Node, Rural
Residential, Agricultural Residential, Rural Community Activity Node, Rural
Neighborhood Activity Node, and Rural Industrial Activity Node.
The following Sections of the UDO are proposed for amendment: 2.4.3, 2.5.2, 3.8,
numerous Sections in Article 5 (including the Table of Permitted Uses), 6.2.5, 6.2.6,
6.4.10, 6.8.6, 6.9.7, and Article 10 (Definitions).
The purpose of the Agricultural Support Enterprises program is to accommodate
appropriate uses farmers outside of the Rural Buffer land use classification can
pursue in order to generate additional farm-related income and to potentially allow
farming support/related uses in rural areas while minimizing any adverse impacts on
adjoining property by applying special standards for specific uses and the
development requirements in the County's UDO for all projects. Examples of the
most intensive uses include Agricultural Processing Facility, Farm Equipment
Rental/ Sales and Service, Meat Processing Facility, Stockyards/ Livestock Markets,
Winery with Major Events (more than 150 people). Examples of the least intensive
uses include Community Farmers Market, Cooperative Farm Stand, Rural Special
Events (150 people or less), Veterinary Clinic, Winery with Minor Events (150 people
or less). By better enabling farmers to stay in the business of farming, the rural,
farming heritage of Orange County will continue to be preserved.
Additional information about this topic is available on the Planning Department's
website at: http://orangecountync.gov/planning/SpecialProiects.asp
Purpose: To review the item and receive public comment on the proposed text
amendments.
PUBLIC INFORMATION MEETING
for the Agricultural Support Enterprises proposal
In an effort to better inform interested persons in an informal setting, a Public
Information Meeting will be held on Thursday, February 13, 2014. Interested
persons will have the opportunity to hear a presentation and ask questions
about the proposed amendments. The Public Information Meeting will be
held in the Food Lab of the Environmental and Agricultural Center located at
306 Revere Road in Hillsborough and will begin at 6:00 p.m.
6. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text
Amendments: In accordance with the provisions of Section 2.3 Comprehensive
Plan Amendments and Section 2.8 Zoning Atlas and Unified Development
7
Ordinance Amendments of the Unified Development Ordinance, the Planning
Director has initiated an amendment to the text of the 2030 Comprehensive Plan
and the Unified Development Ordinance and to the Zoning Atlas.
The purpose of these amendments is to establish a zoning program commonly
referred to as Agricultural Support Enterprises (ASE). This text amendment
would establish the ASE program within the Rural Buffer land use classification,
as depicted on the Future Land Use Map of the 2030 Comprehensive Plan.
In the 2030 Comprehensive Plan, the Land Use and Zoning Matrix contained in
Appendix F is proposed to be amended by adding a checkmark to potentially allow
the ASE-CZ zoning district in the Rural Buffer land use classification.
The following Sections of the UDO are proposed for amendment: 3.8 and several
sections in Article 5, including the Table of Permitted Uses and Sections that are not
currently adopted but would be adopted as part of"ASE outside of the Rural Buffer"
(item #6 above).
The purpose of the Agricultural Support Enterprises program, as it applies to the
Rural Buffer land use classification, is to accommodate appropriate uses farmers
can pursue in order to generate additional farm-related income and to potentially
allow appropriate farming support/related uses in the Rural Buffer while minimizing
any adverse impacts on adjoining property by applying special standards for specific
uses and the development requirements in the County's UDO for all projects.
Examples of the most intensive uses include Agricultural Processing Facility, Farm
Equipment Rental/ Sales and Service, Meat Processing Facility, Stockyards/
Livestock Markets, Winery with Major Events (more than 150 people). Examples of
the least intensive uses include Community Farmers Market, Cooperative Farm
Stand, Rural Special Events (150 people or less), Veterinary Clinic, Winery with
Minor Events (150 people or less). Projects in the Rural Buffer must also conform to
the Joint Planning Area Land Use Plan/Agreement which is a joint planning effort
between Orange County and the Towns of Chapel Hill and Carrboro. By better
enabling farmers to stay in the business of farming, the rural, farming heritage of
Orange County will continue to be preserved.
Additional information about this topic is available on the Planning Department's
website at: http:/Iorangecountyne.gov/planning/SpecialProiects.asp
Purpose: To review the item and receive public comment on the proposed text
amendments.
8
PUBLIC INFORMATION MEETING
for the Agricultural Support Enterprises proposal
In an effort to better inform interested persons in an informal setting, a Public
Information Meeting will be held on Thursday, February 13, 2014. Interested
p ersons will have the opportunity to hear a presentation and ask questions
about the ro osed amendments. The Public Information Meeting will be
p p
held in the Food Lab of the Environmental and Agricultural Center located at
306 Revere Road in Hillsborough and will begin at 6:00 p.m.
7. 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 amendments to the text of the Unified Development Ordinance (UDO).
The purpose of the amendments is to change the existing public hearing process
for Comprehensive Plan-, UDO-, and Zoning Atlas-related items/amendments.
The following Sections are proposed for amendments: 2.1, 2.3, 2.7, 2.8, 5.10.2.
The proposed amendments would replace the existing joint Board of County
Commissioners (BOCC)/Planning Board quarterly public hearings with a minimum of
eight (8) BOCC-only public hearing dates per year. The Planning Board would make
its recommendation to the BOCC after the public hearing but a quorum of Planning
Board members would no longer be necessary to hold a public hearing.
Purpose: To review the item and receive public comment on the proposed
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 February
14, 2014 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
February 12, 2014 February 12, 2014
February 19, 2014 February 19, 2014
VICINITY MAP - EASTERLIN Attachment 2
REZONING REQUEST 9
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Orange County Planning and Inspections Department
01/10/2014
Attachment 3 10
Ordinance#: ORD-2014-015
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 Mr. and Mrs. Donald and Donna Easterlin, seeks to
rezone an approximately 12 acre property located at 5908 U.S. 70 Business, and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an iron stake in the northern right-of-way line of U.S.70,
which point is located N 7254'09" W 1478.10' of the centerline
intersection of U.S. 70 and N.C. 751; then N 04'2141"E 637.53' to
an iron stake; then N.8538'19" W 304.2' to a point; then S 04'3723"
W 771.68to an iron stake in the northern right-of-way line of U.S. 70;
then S. 733248E 313.77' to the point of beginning.
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 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. 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
i
11
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
Economic Development Eno High 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 12014.
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 , 2014 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
2014.
SEAL
Clerk to the Board of Commissioners
RES-2014-024 Attachment 4 12
RESOLUTION CONCERNING
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Mr. and Mrs. Donald and Donna Easterlin, Orange County property
owners, have 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 an approximately 12 acre property
located at 5908 U.S. 70 Business, further described as follows:
Beginning at an iron stake in the northern right-of-way line of U.S.70, which point
is located N 7254'09" W 1478.10' of the centerline intersection of U.S. 70 and
N.C. 751; then N 04'2141"E 637.53'to an iron stake; then N.85'38'19" W304.2'
to a point; then S 04'3723" W 771.68to an iron stake in the northern right-of-way
line of U.S. 70, then S. 73'32'48'E 313.77' to the point of beginning.
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,
t
13
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.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2014.
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 , 2014 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
2014.
SEAL
Clerk to the Board of Commissioners
14
ATTACHNMNT5
Ordinance#: ORD-2014-016
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 Mr. and Mrs. Donald and Donna Easterlin, seeks to
rezone an approximately 12 acre property located at 5908 U.S. 70 Business, and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an iron stake in the northern right-of-way line of U.S.70,
which point is located N 72'54'09" W 1478. 10' of the centerline
intersection of U.S. 70 and N.C. 751; then N 04'2141"E 637.53' to
an iron stake; then N.8538'19" W 304.2' to a point; then S 04'3723"
W 771.68to an iron stake in the northern right-of-way line of U.S. 70;
then S. 733248E 313.77' to the point of beginning.
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, 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 , 2014.
15
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 , 2014 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 ,
2014.
i
SEAL
Clerk to the Board of Commissioners
RES-2014-025 16
Attachment 6 ,
RESOLUTION CONCERNING
STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS AMENDMENT
WITH THE ADOPTED
ORANGE COUNTY 2030 COMPREHENSIVE PLAN
WHEREAS, Mr. and Mrs. Donald and Donna Easterlin, Orange County property
owners, have 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, This petition seeks to rezone an approximately 12 acre property located at
5908 U.S. 70 Business, and
WHEREAS, the property to be rezoned is identified further as follows:
Beginning at an iron stake in the northern right-of-way line of U.S.70,
which point is located N 7254'09" W 1478. 10' of the centerline
intersection of U.S. 70 and N.C. 751; then N 04'21'41"E 637.53' to
an iron stake; then N.8538'19" W 304.2' to a point, then S 04'3723"
W 771.68to an iron stake in the northern right-of-way line of U.S. 70;
then S. 7332'48'E 313.77' to the point of beginning.
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 , 2014.
i
17
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 , 2014 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 ,
2014.
SEAL
Clerk to the Board of Commissioners
r
Attachment 7 18
Excerpt of Draft Minutes
1 DRAFT MINUTES
2 ORANGE COUNTY BOARD OF COMMISSIONERS
3 QUARTERLY PUBLIC HEARING
4 February 24, 2014
5 7:00 P.M.
6
7 The Orange County Board of Commissioners and the Orange County Planning Board
8 met for a dinner meeting on Monday, February 24, 2014 at 7:00 p.m. at the DSS Officers,
9 Hillsborough, N.C.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark
12 Dorosin, Alice M. Gordon, Earl McKee Bernadette Pelissier, Renee Price and Penny Rich
13 COUNTY COMMISSIONERS ABSENT:
14 COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
15 COUNTY STAFF PRESENT: Interim County Manager Michael Talbert and Deputy Clerk to the
16 Board David Hunt (All other staff members will be identified appropriately below)
17 PLANNING BOARD MEMBERS PRESENT: Planning Board members Maxecine Mitchell,
18 Johnny Randall, Paul Guthrie, Herman Staats, Tony Blake, and H.T. "Buddy" Hartley
19 PLANNING BOARD MEMBERS ABSENT: Chair Pete Hallenbeck, Lisa Stuckey, Stephanie
20 O'Rourke, Andrea Rohrbacher and James Lea
21
22 Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following items at
23 the members' places:
24 - Booklet/Blue Sheets/Cream Sheets/PowerPoint— Item C-1 — Class A Special Use
25 Permit
26 - Letter—Item C-3 - Unified Development Ordinance (UDO) Text Amendment
27
28 A. OPENING REMARKS FROM THE CHAIRS
29
30 B. PUBLIC CHARGE
31 The Chair dispensed with the reading of the public charge.
32
33 C. PUBLIC HEARING ITEMS
34 Planning Board Member Buddy Hartley introduced this item.
35
36 2. Zoning Atlas Amendment-To review an application seeking to rezone an
37 approximately 12 acre parcel of property located at 5908 US 70 East in Eno
38 Township from Economic Development Eno Low Intensity (EDE-1); Economic
39 Development Eno High Intensity (EDE-2); and Lower Eno Protected Watershed
40 Protection Overlay to Economic Development Eno High Intensity (EDE-2) and Lower
41 Eno Protected Watershed Protection Overlay.
42
43 Michael Harvey said this item is not a special use permit, but is a legislative action to
44 review a re-zoning request. He reviewed the following PowerPoint slides:
45
46 BACKGROUND
47 PIN—0803-11-5662.
48 Size of Parcel — 12 acres with approximately 8.6 acres zoned EDE-2 and 3.4 zoned
49 EDE-1.
50 Future Land Use Element Map Designation— Economic Development Transition Activity
51 Node
19
1 • Growth Management System Designation -- Urban.
2 • Existing Conditions --The property supports a previously permitted Class 2 Kennel and
3 telecommunications tower.
4 • Access--The property has direct access onto US Highway 70.
5
6 REQUEST:
7 • Applicant requests EDE-2 zoning for entire property,
8 • Believes EDE-2 zoning designation is more appropriate for the property given its
9 frontage along US Highway 70,
10 • Represents a logical extension of the district.
11 • Existing land use (i.e. Class II Kennel) is a conforming land use in EDE-2 zoning district.
12
13 EDE-1 VERSUS EDE-2 LAND USES:
14 • EDE-2 would allow the following additional uses:
15 — Animal Hospital/Kennels (Class II require SUP)—STAFF NOTE: kennel already
16 operating on property
17 — Manufacturing/Assembly uses (i.e. fabricated metal, electronic equipment, food
18 products, furniture, etc.)
19 — Retail (i.e. restaurant, retail sales, etc.)
20 — Services (i.e. hotels, research facility, etc.)
21 — Wholesale trade
22
23 STAFF ASSESSMENT:
24 • The application is complete,
25 • The property is of sufficient size,
26 Consistent with the Orange County 2030 Comprehensive Plan, Growth Management
27 System Map, and adopted Eno Economic Development District Area Small Area Plan,
28 Logical extension of existing EDE-2 district,
29 Would help property owner address issues associated with expansion of existing kennel
30 operation.
31
32 RECOMMENDATION:
33 1. Receive the proposal to amend the Zoning Atlas.
34 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
35 the proposed amendment.
36 3. Refer the matter to the Planning Board with a request that a recommendation be
37 returned to the Board of County Commissioners in time for the April 15, 2014 BOCC
38 regular meeting.
39 4. Adjourn the public hearing until April 15, 2014 in order to receive and accept the
40 Planning Board's recommendation and any submitted written comments.
41
42 Buddy Hartley asked if there were any questions from the boards.
43
44 Michael Brough, representing Sunny Acres, said he and the owners of the kennel are
45 available for questions. He said this will essentially eliminate split zoning of this property. He
46 said the reasoning behind this request is a possible future expansion of the kennel in future.
47 He said it is in the interest of the general public to have a single tract of land, under single
48 ownership, zoned the same way.
49
50 Commissioner Dorosin referred to the skinny rectangle in the middle of the map, as well
51 as the front small piece, and asked if these were separate parcels.
4
20
1
2 Michael Brough said these were separate and he is not sure whether these have been
3 combined, but if not, this will happen as part of the next step. He knows there has been an
4 acquisition of additional acreage since the property was first purchased. He said he has a
5 survey, and this may be combined or it may not be. He said it is all effectively one tract of land.
6
7 A motion was made by Commissioner McKee, seconded by Commissioner Price to:
8
9 1. Refer the matter to the Planning Board with a request that a recommendation be
10 returned to the Board of County Commissioners in time for the April 15, 2014 BOCC
11 regular meeting.
12 2. Adjourn the public hearing until April 15, 2014 in order to receive and accept the
13 Planning Board's recommendation and any submitted written comments.
14
15 VOTE: UNANIMOUS
16
17
s
21
Attachment 8
1
2 Excerpt of Approved Minutes
3
4
5
6 MINUTES
7 ORANGE COUNTY PLANNING BOARD
8 MARCH 5,2014
9 REGULAR MEETING
10
11 APPROVED APRIL 2,2014
12
13 MEMBERS PRESENT: Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-Large, Cedar Grove
14 Township; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Tony
15 Blake, Bingham Township Representative; Johnny Randall,At-Large Chapel Hill Township; Andrea Rohrbacher, At-
16 Large Chapel Hill Township; James Lea,Cedar Grove Township Representative
17
18
19 MEMBERS ABSENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Maxecine Mitchell, At-Large
20 Bingham Township;Vacant-Eno Township Representative;Vacant-Hillsborough Township Representative;
21
22
23 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
24 Special Projects Coordinator; Tina Love,Administrative Assistant II
25
26
27 OTHERS PRESENT: Beth Trahos, Mike Brough, Donna Easterlin, Don Easterlin, Brent Niemann, Louis Lannoue, Rich
28 Kirkland, Gabe Cantor
29
30
31 HANDOUTS: Email from Alice Gordon to Peter Eckhoff, Email from Louis lannone to Michael Harvey, Memorandum
32 from Michael Brough to Orange County Planning Board
33
34 AGENDA ITEM 8: ZONING ATLAS AMENDMENT:
35 To make a recommendation to the BOCC on an application to rezone an approximately 12 ace
36 parcel of property located at 5908 US 70 East in Eno Township from Economic Development
37 Eno Low Intensity (EDE-1); Economic Development Eno High Intensity (EDE-2); and Lower
38 Eno Protected Watershed Protection Overlay to Economic Development Eno High Intensity
39 (EDE-2) and Lower Eno Protected Watershed Protection Overlay. This item was heard at the
40 February 24, 2014 quarterly public hearing,
41 Presenter: Michael Harvey,Current Planning Supervisor
42
43 Michael Harvey: Reviewed abstract.
44
45 Paul Guthrie: Who is operating the communications tower?
46
47 Michael Harvey: AT&T has an antenna on it and other telecommunication providers are located on it. I believe
48 Verizon has re-erected an antenna or either AT&T has changed out their existing antennas.
49
50 Lisa Stuckey: Those two rectangular pieces that look like a residence,is that part of a different lot? Would it be a re-
51 division of the property to sell it?
52
53 Michael Harvey: Correct.
54
1
22
55 Lisa Stuckey:The remaining property,what are the divisions?
56
57 Michael Harvey: The blue line represents all this property and the red line is the area to be rezoned.
58
59 Lisa Stuckey: There are three parcels. So those two smaller parcels could be sold at any time without dividing the
60 property.
61
62 Michael Harvey: Yes, if they choose to do so.
63
64 Tony Blake: So the 12 acres in question is the entire red box including the building and that building is not a
65 separate lot.
66
67 Michael Harvey: That is the legal description supplied by the applicant's surveyor.That is correct.
68
69 MOTION by Herman Staats to approve the Ordinance in attachment 2, approving the Rezoning Petition and approve
70 attachment 3 which is the Statement of Consistency with the Comprehensive Plan. Seconded by Johnny Randall.
71 VOTE:UNANIMOUS
72
73
74 AGENDA ITEM: ADJOURNMENT
75
76 MOTION: made by Paul Guthrie to adjourn. Seconded by Tony Blake.
77 VOTE:UNANIMOUS
2