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Agenda - 02-21-2017 - 7-a - Zoning Atlas Amendment - Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 21, 2017 Action Agenda Item No. 7-a SUBJECT: Zoning Atlas Amendment: Modification of the Existing Zoning Boundaries for Non-Residentially Zoned Parcels — Efland Real Property LLC Properties in Cheeks Township DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Amendment Outline for Modifications to Michael Harvey, Planner III, (919) 245-2597 the Orange County Zoning Atlas Craig Benedict, Director, (919) 245-2585 (UDO/Zoning 2016-11) 2. Map of Cheek Township Properties 3. Table Detailing Proposed Rezoning of Efland Real Property LLC Properties 4. Excerpt of Approved November 21, 2016 Quarterly Public Hearing Minutes 5. Statement of Consistency 6. Ordinance Amending Zoning Atlas PURPOSE: To continue a review of, and take action on, Planning Director initiated amendments to the Zoning Atlas for four parcels owned by Efland Real Property LLC within the Cheeks Township. Based on concerns expressed at the November 21, 2016 Quarterly Public Hearing, action was deferred on these parcels. Consistent with direction from the BOCC, staff met with residents of the Ashwick subdivision to discuss the rezoning of the four parcels in greater detail including staff's basis for recommending the properties be rezoned General Commercial (GC-4). BACKGROUND: As the Board may recall from the November 21, 2016 Quarterly Public Hearing, staff presented an item seeking to modify/alter the zoning of 15 properties within the Bingham, Cheeks, and Cedar Grove Townships. The item was in response to a BOCC petition asking staff to review the zoning of several non-residentially zoned properties and identify constraints, associated with existing general use zoning boundaries, potentially limiting development opportunities. For more background information please refer to Attachment 1. A map denoting the specific properties reviewed in the Cheeks Township at the public hearing is contained within Attachment 2. Excerpts of the approved minutes from the November 21, 2016 Quarterly Public Hearing are contained within Attachment 4. 2 During the hearing, concerns were expressed by several property owners who live adjacent to/near four parcels of property owned by Efland Real Property LLC that staff had recommended be rezoned General Commercial (GC-4). The Board voted to approve the rezoning on 11 of the subject properties, deferring action on the aforementioned Efland Real Property, LLC properties until a future meeting, and directed staff to meet with adjacent property owners to discuss the project in greater detail. Staff met with local residents on December 14, 2016 and January 11, 2017 to review the proposal, discuss development opportunities and constraints on the four properties, review staff's recommendation on the rezoning of the parcels, and provide detail on the County's planning vision for the area in general. Staff believes the majority of the residents who attended the meetings, most primarily residing within the Ashwick neighborhood, were made comfortable with staff's recommendation. Staff is still recommending the parcels in question be rezoned to General Commercial (GC-4) consistent with staff comments at the Quarterly Public Hearing. A summary of staff's recommendation, including maps of the four parcels, is contained within Attachment 3. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 5 and proposed zoning atlas amendment package contained in Attachment 6 for the four parcels of property owned by Efland Real Property, LLC. As a reminder, at its November 2, 2016 meeting, the Planning Board voted unanimously to recommend approval of the proposed rezoning as detailed herein and reported at the Quarterly Public Hearing. Agenda materials from the November 2, 2016 Planning Board meeting can be viewed at: http://www.orangecountync.gov/November%202%20Planning%20Board%20Agenda%20Packet ..pdf. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2016-17 Departmental funds budgeted for this purpose. As this project involves modifying the Zoning Atlas staff notified property owners within 1,000 feet of all subject properties of the Planning Board meeting and Public Hearing where the item is reviewed. Costs for the mailings will be paid from FY 2016-17 Department funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process these amendments. RECOMMENDATION(S): The Manager recommends the Board: 3 1. Receive the proposed amendments to the Zoning Atlas as detailed in this abstract and attachments; 2. Review and discuss the recommendation as necessary; and 3. Decide on one of the following options: a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 5) and Ordinance amending the Zoning Atlas (Attachment 6); b. Defer a decision to a later BOCC regular meeting date; c. Refer the item back to the Planning Board for a specific purpose; or d. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one year period begins on the date of denial.) 4 Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2016-11 Modification of the existing zoning boundaries for non-residentially zoned parcels within the Bingham, Cheeks, and Cedar Grove Townships to address nonconforming issues. STAFF NOTE: The February 21, 2017 BOCC meeting will only involve action on 4 parcels within the Cheeks Township. A. AMENDMENT TYPE Map Amendments Future Land Use Map: From: To: X Zoning Map: Multiple atlas amendments on numerous individual properties. For the February 21, 2017 BOCC meeting the proposal will involve review and action on 4 parcels of property owned by Efland Real Property LLC off of US Highway 70 in the Cheeks Township. From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): 1 5 Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the County is reviewing the potential of modifying existing zoning boundaries on approximately 75 properties within the Bingham, Cheeks, and Cedar Grove Townships to address existing nonconformities, including the location of required land use buffers and septic area supporting non-residential land uses. At this time, 13 property owners have agreed to rezone a total of 15 properties. This item is in response to previous requests made by Commissioners McKee and Pelissier. Please note there will similar efforts within the remaining townships in the near future. 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. Over the years there has been different methodologies employed by former planning staff and the County Attorney related to the establishment of general use zoning district boundaries, most notably those associated with Existing Commercial (EC-5) zoned parcels. In many instances zoning district boundaries were drawn in a manner that encompassed only the building and parking areas while excluding other required areas, most notably septic fields and land use buffers. The County had previously processed a request for Mr. Vernon Davis to rezone a portion of his property off of NC Highway 54 West to address this very issue. In this instance the septic area, used to support non-residential activities, was located on a portion of the property zoned residential. Land use regulations do not allow for residentially zoned property to be used in support of non-residential activities. As a result, Mr. Davis could have been prevented from completing required improvements to the existing septic system due its location. The County rezoned the portion of the property supporting the septic system to address this concern. Minutes from the May 24, 2010 Quarterly Public Hearing where this item was reviewed can be viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/18759/Page1.aspx. Staff has been, and will continue to, work with numerous property owners whose existing non-residential zoning boundaries do not fully capture the necessary land area allowing the use to be considered conforming. This proposal seeks to modify zoning district boundary lines to ensure all elements of the non-residential land use are located within the appropriate general use zoning 2 6 designation. This process is voluntary meaning zoning district boundaries are being modified only with the full understanding and approval of the property owner(s). It should be noted there are existing non-residential general use non-residential zoning district designations that exist in contradiction to the adopted Comprehensive Plan. Staff will be working to address these matters as well. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 3: Economic Development Element - Section 3.5 Goals • Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Chapter 5: Land Use Element - Section 5.6 Goals • 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. • Land Use Goal 1 — Fiscally and environmentally responsible, sustainable growth consistent with the provision of adequate services and facilities and a high quality of life. • Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 4. New Statutes and Rules Not Applicable C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed June 7, 2016 b. Quarterly Public Hearing November 21, 2016 —At the public hearing, the Board voted to approve the rezoning on 11 of the subject properties, deferring action on the 4 parcels owned by Efland Real Property LLC until a future meeting. The Board directed staff to meet with adjacent property owners to discuss the project in greater detail. Minutes from the public hearing are contained in Attachment 4. c. BOCC Updates/Checkpoints 3 7 June 7, 2016 —Approval of Amendment Outline Form October 5, 2016 — Planning Board Recommendation (receive materials) — NOTE: meeting cancelled due to lack of quorum November 2, 2016 — Planning Board Recommendation (receive materials) d. Other February 21, 2017 — Review and consider taking action on staff's recommendation on the rezoning of the 4 Efland Real Property LLC properties off of US Highway 70 within the Cheeks Township. Please refer to Attachment 3 for maps denoting the 4 parcels. 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a. Planning Board Review: October 5, 2016 — Recommendation (NOTE: meeting cancelled due to lack of quorum) November 2, 2016 — Recommendation. The Planning Board voted unanimously to recommend approval of the Statement of Consistency and the Ordinance amendment the Zoning Atlas for the 15 subject properties. Agenda materials from the November 2, 2016 meeting can be viewed at: http://www.orangecountync.gov/November%202%20Planning%20Board%20A Benda%20Packet..pdf. b. Advisory Boards: Staff forward this proposal to Economic Development staff to keep them apprised of our efforts. c. Local Government Review: Not applicable. d. Notice Requirements BOCC Quarterly Public Hearing meeting notices were mailed to all property owners within 1,000 feet of all affected properties on November 4, 2016. Signs were posted on the properties subject to rezoning on November 11, 2016. Legal advertisement for the public hearing was in accordance with the provisions of the UDO. Staff sent out a notice informing property owners within 1,000 feet of the 4 Efland 4 8 Real Property LLC parcels the item would be reviewed at the February 21, 2017 BOCC regular meeting. This notice was sent on February 10, 2017. e. Outreach: General Public: • Staff notified impacted property owners of the proposal to adjust district boundaries and held individual meetings through the month of September 2016 to review options. Staff met with a total of 40 people, some requesting additional time to review options. • At the direction of the BOCC at the November 21, 2016 Quarterly Public Hearing, staff met with local residents residing near the 4 parcels of property owned by Efland Real Property LLC on December 14, 2016 and January 11, 2017 to review the proposal, discuss staff's recommendation that the parcels be rezoned to General Commercial (GC-4) and discuss the County's planning vision for the area in general. n Small Area Plan Workgroup: fl Other: 3. FISCAL IMPACT Consideration and approval of the various atlas amendments will not create the need for additional funding for the provision of County services. Costs for outreach and required legal advertisement/adjacent property owner notification will be paid from departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS The proposed atlas modifications will work towards the addressing existing nonconforming situations and eliminate the need for individual property owners to bear the expense of rezoning property on their own. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment(s) 5 and 6. 5 9 Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey @orangecountync.gov 6 Map of Properties Studied for Possible Zoning Modification 10 Cheeks Township Attachment 2 'I-1011k_,--- --(0•4.0.441—ro 4, - - Imimpplm-gommemb Am4M1,■,;•111,11p, weAtep-01., , t e•►••� �'�.•. ` ■. ° 7- i il f-: , ; �1 �1�� IAA -4-...,,A14 1 ter. :::_. 7 � �. . `—��������4-: � Flit. ...n r�+l\:l ► rio. maum. am;i'Woo,N, ..��ll/�.►►► ;►� s� _ aims Merrrlitkill A oil 1 arW;, RISSJT,M m'Pliii ina i� l --�/ice u.. I ms N i 11111%II I W1410 N I a we ram IP--ww. ....__,. pa I >.5:;;'_111 1=�i= �`��'■.11�� PI1 ��_■ ` �ift- c-' 114__.4„,..1.s; ass_isin mil • ■r_L7 I/ ■ 111111111.1ffill: 01 ,F-41111111 AVIASi^% i i �� ___ ��m VIP ID PIN ZONING ■ii Ii \rL ] -'�11 �dlllll / ' �- �. ► 9833681402 EC-5;R-1 "'i " y ml II`t p/ str. .III I s: ''C'i.r' giai ,._. .►� . I, il' I //I j _` \� •_� 7 E I •AR ■■■rPy 1 :�"d ►��104■._ 0: ,�h,_ ,�i ■. #11� ( —© 98339965 9 � ��11'f? : '�I```. ■ .I 11.'.11'1 ,1 4 9834270410 NC 2 R 1 — a( 85 . . . �� �, �UU� . .� © 9834415769 EC-5;;R-1 IA IBA ; i�R° � i 6 9835103858 EC-5;R-1 I� 1 _.. land Real _�_ ��,� l� 9835105787 EC 5;NC-2 I ►� = ■' 8 9835202742 EC-5•R-1 , Property LLC 7.� - + 1 cavirquissumilmili��: parcels 44 9 9835300230 R-1`. w"=I , 10 9835304273 EC-5•R-1 11 lir``,�l i 1111r1 ,7 � �� m 9835809550 EC 5;R 1 I /S r *' " j E■Amili ® 9836246534 EC 5 R 1 "��s� ���7 � '�1 � � ��® 9844786326 EC-5' 'cesoran.Alcie�� ��I ' 14 9844788137E 1;R 1.. voutiu.... P•smaii it.,,,t,,, .piraillpilli *7Z .imaiiimil 1111111611; 11521- 411114111111 ■ ` ��� 0 i\i��" ■�� ® 9844893637 11;R 1 i AIII 1 t r ' f/`.r 16 9844948192 EC-5;AR N .r.rrrrrrr..0 m ��, , � Il=. """" " 1 right m 9844954403 EC-5 1 MOIL , rte, ��st ��` m 9845775537 EC-5;R-1 l l e Ii 19 9854050116 EC-5;AR 'Imp, i� • I _=��= i_( AR , Of%.�i `� _ �, � 9856474005 EC-5;AR I_1\ L!ipici 9866016106 EC-5;AR it 111 -9ji t ��.� 1/ a 4 0 2,000 ,�, 1�11•� rr Feet I ���J -,� ,,' , Ig �' Orange County Planning and Inspections ���`'�■ �„lirt ''.-`.1111 ���L Brian Carson(5/26/2016) Attachment 3 11 Township: Township PIN: Comprehensive Owner: Existing Zoning: Recommendation: Property Map Plan Designation Number(as for Property: contained in Attachment 2): Cheeks Cheeks Map 9844-78-6326 Commercial Efland Real Existing Commercial After reviewing the situation with Site ID— 13 Industrial Property, LLC (EC-5) the owner they have requested, Approximately 0.06 Transition (both C/O Gail and staff is recommending, acres in area identified Wilkerson (Note: this is for PIN rezoning both properties to General (2,613 sq.ft.) properties) 708 Hwy 57 9844-78-6326) Commercial (GC-4). Hillsborough, NC 27278 9844-78-6242 Rural Residential (R-1) Approximately 0.46 (Note: this is for PIN acres in area 9844-78-6242) (20,037 sq.ft.) Cheeks Cheeks Map 9844-78-8137 Commercial Efland Real Rural Residential (R-1)— After reviewing the situation with Site ID— 14 Industrial Property, LLC approximately 2.21 the owner they have requested, Approximately 3.25 Transition C/O Gail acres in area and staff is recommending, acres in area Wilkerson Existing Industrial (E-I)— rezoning the entire 3.25 acre parcel 708 Hwy 57 of property to General Commercial Hillsborough, NC approximately 1.04 acres (GC-4). 27278 in area Cheeks Not identified on 9844-88-1230 Commercial Efland Real Rural Residential (R-1) After reviewing the situation with map — added at Industrial Property, LLC the owner they have requested, request of property Approximately 1.35 Transition C/O Gail and staff is recommending, owner acres in area Wilkerson rezoning the entire property to 708 Hwy 57 General Commercial (GC-4). Hillsborough, NC 27278 4,„. , ,I__., _ , _ . • • , ilijoilitil _ ,,,:,....• J.. _ -1. . ,. r _, 'itii0 I I;Cheeks Township Map i �o�� ,,Site ID - 13 - � , i CO l =PIN: 9844-78-6326 `. ' Property is zoned EC-5. }-IS 70 After conferring with the property owner, 1 %; ` - _ property(denoted in yellow)is being ) _ 4 , : rezoned to GC-4. ,, , V. This will involve rezoning a total of 4 I \1\77 properties owned by Efland Real ! N Property LLC to GC-4 I NC 54 W r o I ^' . Ir Y 7 g` fi I L.,„,.....,, „ r r Idir . W _ illi r140411k . .t, - .i L�.V ` • �, 5,' Upper Eno - _ ` /. Protected '� s r, `" i• 1 @ I"f r' r. , Watershed + �'•a, _y. '14 _R_I PIN 9844-78-6242 .-Air h, r' .• Efland Real Property LLC .. s w P • 1r 01.-,.. 4, I . g'I'M e. I 11`'x Fx I * ,r _ �- : i pT ai , 1 ■ P. PIN#:9844786326 EFLAND REAL PROPERTY LLC �1 Data shown on this map is obtained from Orange County .• GIS and is for reference only. Exact locations and boundaries should be verified. 708 HWY 57 Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON y. p HILLSBOROUGH,NC 27278 cels 1:1 Zoning l° 1 100 YR Floodplain(Effective 02/02/07) N . ��Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t i `y M OC Updated Water Feature School System Boundary 0 ETJ IZI 500 YR Floodplain(Effective 02/02/07) 0 Water Body Contours Conservation Easements 0 Buildings M Held by Others 1 inch=58.384 feet 0 River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 20 40 80 Feet Conservation Easements / -.+4. 1 1--ill Cheeks Township -"f1 a �4) i Map , ``9. 0 i ,Site ID - 13 -.. - ' r . 1 s ' PIN: 9844-78-6242 — _ `• s�� !irr_ ' EC5 I I p — w /8s i..... i • I' r I LL ", PIN 9844-78-6326 r _I _ , \l`\ I Efland Real Property LLC � ,`• r i I b NC54W " o A b- .i III `.. " . _ r '� I 1 ,' t . J 1 .6 r 41' • I 1 e i dr' _,p r 1 1 . •. E. r * I �_ Upper Eno s ; Protected Watershed • di Property is zoned R-1. mi After conferring with the property owner, I _ property(denoted in yellow)is being rezoned to GC-4. ,11' +' 4 °p i . -, This will involve rezoning a total of 4 F - L + •;�4,,',,. .0" x properties owned by Efland Real Property LLC to GC-4 I ., . s 1 • ;•I•% 1 .. . r Nit*. rip '4 . ... .. - J . +. w� ':4- e rb a _ R' Mr' t I PIN#:9844786242 ter' i '' 1 14 1< ^ Data shown on this map is obtained from Orange County EFLAND REAL PROPERTY LLC - ± x ` GIS and is for reference only. •• p r-.�. Exact locations and boundaries should be verified. 708 HWY 57 ' " " ''i" •.L"' Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON . HILLSBOROUGH,NC 27278 cels 1:1 Zoning 0 100 YR Floodplain(Effective 02/02/07) N ., —Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t � V M OC Updated Water Feature School System Boundary = ETJ IZI 500 YR Floodplain(Effective 02/02/07) y =Water Body Contours Conservation Easements I= Buildings M Held b Others 1 inch=40 feet = River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 15 30 60 eet Conservation Easements iv ' '' r Cheeks Township Map 0 �G ! Site ID - 14 k �, . S 70 w ` , PIN: 9844-78-8137 , lip: ,• 'w5_ _ .,.. , ..„:„...„. g 4' '11.4 , r " ` NC 54 W o r �� `111 40 - 21174.. 1 r . ![l , 3t�o a _ r as jimi • Ntc . ,...,. . _ .,. _ . . . .. _. ,_ , 1 ;V!w i r Upper Eno Protected Watershed i I .fir* •{J ', . I{I {Jr4 . �? fl 'lilt'Ir''n „,_, , _ - s:. . w. .; i I •'9 r i; - fi r^ �,:'.. } R S .� ry'4411" �t F Property is split zoned R-1 and El. After conferring with the property owner, 'i property(denoted in yellow)is being rezoned to GC-4. :.This will involve rezoning a total of 4 properties owned by Efland Real Property LLC to GC-4 / PIN#:9844788137 EFLAND REAL PROPERTY LLC Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. 708 HWY 57 n Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON HILLSBOROUGH,NC 27278 cels 1:1 Zoning 0 100 YR Floodplain(Effective 02/02/07) N . �r Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t I M OC Updated Water Feature School System Boundary = ETJ II 500 YR Floodplain(Effective 02/02/07) ` =Water Body Contours Conservation Easements I= Buildings M HeId b Others 1 inch=100 feet = River Basins L_1 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 37.5 75 150eet Conservation Easements :'k'".. r - ..r -- F lal Cheeks Township Map — m,Not shown on Township Map - - *iv, hT /property included at owner's y— �G i • r.I request 01 I III Nk370w 1 PIN: 9844-88-1230 S 7o vv W 1 fi � ,- i 18S S I 61•1' r I I. ,` ,,, — ANC 54 W �1 o 40 , x3 #r' ` — tom— —j __, ,„-. _ .. 1.` J =Ilk{�9 '1k ta. 1 I i -1 y .1. l I .. i l k ,,y � 'Y.l' hrl 1 P • s4 - ° - , 1 f i. 1 � - ; a ' s� �r r f , 4 T. i Upper Eno �• I I - { Protected Ii i « .,..�', Watershed 1. i 14.4. t, -e"AL, ,. t i ' } ,- '5 —■ , 100,• 'A y -1. ie i &s . ° ' a �_ _ Property is zoned R-1. - i' °-.'"i' i" - i After conferring with the property owner, .4 - - 41' - . , -property(denoted in yellow)is being ' ' ! -, ' t '... rezoned to GC-4. - 4- f. I This will involve rezoning a total of 4 l� - - - ,‘I, I ,properties owned by Efland Real -- '''- ' .*-7; - `3 ' ,> k `-. 4 Property LLC to GC-4 •* - 1e Ito. , __ , ham; .'� > _ t. ' ' Ft'• PIN#:9844881230 '- *1, '�' ry ° k ' EFLAND REAL PROPERTY LLC r 1�- . t: w"' r'�4: - Data shown on this map is obtained from Orange County GIS and is for reference only. r Exact locations and boundaries should be verified. 708 HWY 57 ' ,..,. Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON L ,,, 4, . , _ _ HILLSBOROUGH,NC 27278 cels 1:1 Zoning l° 1 100 YR Floodplain(Effective 02/02/07) N r .t ��Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I I `,,M OC Updated Water Feature School System Boundary 0 ETJ IZI 500 YR Floodplain(Effective 02/02/07) 0 Water Body Contours Conservation Easements I= Buildings M Held by Others 1 inch=60 feet 0 River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 20 40 80 eet Conservation Easements a- Pr 4. • t o� - 9c / This is an illustrative maps+; 1 denoting all of the properties owned by Eland Real y `' ! \m Property LLC subject to ,� s I I rezoning. NC 54 W c �� ' :„." : .. , v (DS 70W , N , 131 rr. . EN . , ,,,, MMM . . . . . . 2 . . . .11 PIN 9844-78-6326 ■ ■ II ii ■ ■ c , • ■ �'■ Upper Eno 4 II ■ ■' Protected �N ` II I ■■ Watershed y • ■ ■ Ni PIN 9844-78-6242 ■ 0' Ihe ::.r'" ■ ••per='.'• ' I T �.•''' �' ■I� fa 9844-88-1230 1 ' ■I ■ C ,raft. P Iti N 9844-78-8137? i -_ _ - y ■ ■ . . . • M ■ ■ ■ ■ • ■ ■ ■ ■ ■ II ■ . • 0 O - ' II •I7`,•*, FORREST-AVE •A) „ � a FORRESTG�µ ` PIN#:9844881230 EFLAND REAL PROPERTY LLC Data shown on this map is obtained from Orange County + GIS and is for reference only. 4 Exact locations and boundaries should be verified. 708 HWY 57 Map prepared by Orange County Planning&Inspections. • CIO GAIL WILKERSON HILLSBOROUGH, NC 27278 cels Zoning 0 100 YR Floodplain(Effective 02/02/07) N —Soils Survey Water Feature [::]Township D City Limits Floodway(Effective 02/02/07) I rk I: rf M OC Updated Water Feature i:11 School System Boundary I= ETJ ILA 500 YR Floodplain(Effective 02/02/07) •` Y =Water Body Contours Conservation Easements 0 Buildings M Held by Others 1 inch=125 feet I= River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V;;Soils Orange County 0 45 90 180 Conservation Easements Attachment 4 17 APPROVED 1/24/2017 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING November 21, 2016 7:00 P.M. The Orange County Board of Commissioners met with the Orange County Planning Board for a Quarterly Public Hearing on Monday, November 21, 2016 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Barry Jacobs, Mark Dorosin, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Commissioner Burroughs COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair McKee called the meeting to order at 7:05 p.m. A. OPENING REMARKS FROM THE CHAIR B. PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge C. PUBLIC HEARING —QUASI JUDICIAL ITEMS NONE D. PUBLIC HEARING — LEGISLATIVE ITEMS 1. Zoning Atlas Amendments - To review government-initiated amendments to the zoning atlas that would modify the existing zoning boundaries of 16 parcels in the Bingham, Cheeks, and Cedar Grove Townships to address nonconforming issues BACKGROUND: After a petition from BOCC members, staff began reviewing the zoning of several non-residentially zoned properties within the aforementioned townships and discovered existing designations do not fully encompass all required land area necessary to allow for the non-residential use of property. In many instances zoning district boundaries were drawn by former staff in a manner that encompassed only the building and parking area while excluding other required areas, most notably septic fields and required land use buffers. Many of these boundaries were designated when zoning was originally put into effect over 30 years ago. Staff has been working with several property owners impacted by this situation to address the problem. This proposal seeks to modify existing zoning district boundary lines to ensure all elements of the non-residential land use are located within the appropriate general use zoning designation as should have been done when affected properties were originally zoned. Staff 2 18 considers this a necessary modification to existing district boundaries to ensure consistency with the UDO as well as the adopted Comprehensive Plan. For more information please refer to Attachment 1. Maps denoting the properties reviewed as part of this project are contained within Attachment 2 and broken down by township. A breakdown of recommended rezoning actions, including maps of all impacted properties, is contained in Attachment 3. Staff is moving forward with those properties where owners have indicated an interest and is still working to address questions from remaining owners who have not made a final decision. Work on these remaining properties will continue and staff will provide periodic updates as necessary. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 6 and proposed zoning atlas amendment package contained in Attachment 7. Planning Board Recommendation: At its November 2, 2016 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the Zoning Atlas amendments. Michael Harvey, Current Planning Supervisor, made the following PowerPoint presentation: November 21, 2016 Agenda Items: D-1 BOCC QUARTERLY PUBLIC HEARING: ZONING ATLAS AMENDMENTS BACKGROUND • Over the years different methodologies have been employed related to the establishment of zoning district boundaries. • Old zoning atlas was maintained on paper tax maps. Over the years these maps were modified to a point where confusion was created as to where actual zoning boundaries were and what properties were zoned. • In many instances, zoning boundaries were drawn in a manner that encompassed only the building and parking areas while excluding other required areas, most notably land use buffers. • In some cases, maps for properties are missing altogether. EXAMPLE OF OLD ZONING ATLAS (photograph) BACKGROUND (continued) • After a petition from BOCC, staff began reviewing zoning in Bingham, Cheeks, and Cedar Grove Townships. — STAFF COMMENT: other townships will be reviewed at a later date. • Staff identified several instances where existing zoning did not fully encompass all required land area to allow for use of property. 3 19 • Also found zoning designations inconsistent with Comprehensive Plan and existing land use(s). • Staff reached out to impacted property owners to review issues. — STAFF COMMENT: There are several property owners we are still working with to address questions on zoning as well as providing feedback on potential impacts (i.e. tax implications, allowable land uses in various districts, development opportunities and constraints, etc.). — Additional work will be completed on properties in the Bingham, Cheeks, and Cedar Grove Townships for review at future BOCC meeting(s). • Staff is moving forward with the property owners ready to take action at this time. STAFF DETERMINATION: As part of this process, and in accordance with Section(s) 1.2 and 2.8 of the UDO, staff has determined that: • There are zoning designations inconsistent with the adopted Comprehensive Plan that need to be addressed. • Boundaries of existing general use zoning districts are unclear due to incomplete/contradictory historical mapping data and need to be modified to ensure consistency. — EXAMPLE: we have zoning boundaries drawn through buildings housing non-residential land uses creating non-conformities. — We have non-residential land uses on property not zoned to allow for such activity that were in existence since the implementation of zoning. • We now have better mapping technology/capabilities that can assist with the addressing this issue. EXAMPLE OF ZONING IMPACT(aerial photograph) PLANNING BOARD/STAFF REVIEW • Planning Board reviewed the request at its November 2, 2016 regular meeting • Voted unanimously to recommend approval. The Board's signed Statement of Consistency is contained in Attachment 4. • Staff recommends approval of the re-zonings as detailed in Attachment(s) 6 and 7. RECOMMENDATION The Administration recommends the BOCC: 1. Receive the proposed amendments to the Zoning Atlas, 2. Conduct the public hearing and accept comment, 3. Close the public hearing, 4. Decide on one of the following options: — Adopt the proposed amendments by approving the Statement of Consistency (Attachment 6) and Ordinance amending the Zoning Atlas (Attachment 7). — Defer a decision to a later BOCC regular meeting date. — Refer the item back to the Planning Board for a specific purpose. — Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one-year period begins on the date of denial.) 4 20 Michael Harvey referred to the maps within Attachments 3 and 7, and reviewed the areas affected. He went through each parcel and the Commissioners were able to ask questions. Commissioner Dorosin asked if the first parcel, to which Michael Harvey referred, is not actually resolving the split zoning of the parcels completely. Michael Harvey said yes. Commissioner Dorosin said the modification is less than the whole parcel; and if the Board approves this tonight, this parcel will have two zoning designations. Michael Harvey said the benefit is that the commercial operation will be fully enclosed in the existing commercial 5 (EC5), by making it more reasonable for the property owner to make use of the property, while still maintaining a zoning lot zoned agricultural-residential that can support residential development on the rear of the property at a later date. He said the zoning boundary for EC5 is being modified. Commissioner Rich asked if there is a reason that the parcel appears to go out into the highway. Michael Harvey said the zoning boundaries go to the centerlines of highways. Commissioner Jacobs said a parcel of this nature existed five years ago, where the owner of a commercial property needed more room to install a septic tank. He said hopefully this amendment will eliminate a protracted process like that one. Michael Harvey said the next rezoning is off of Mt. Willing, and there is a split-zoned parcel: agricultural-residential/neighborhood-commercial. He said there is not commercial activity on the property and never has been. He said the owner has no interest in maintaining the neighborhood-commercial zoning and the whole property will be zoned agricultural residential. Michael Harvey said the next parcel is an existing commercial operation off of Orange Grove near Dairyland Road. He said there is split zoning, and it is proposed that the entire property be rezoned. He said there is potential expansion needed, and this will bring the property into compliance should the owner choose to redevelop it. Michael Harvey said the next parcel is an existing gas station at Buckhorn and Highway 70, which is zoned residential. He said they are recommending this to be zoned neighborhood- commercial, which will allow the gas station to remain a legally performing use of property. Chair McKee asked if the gas station would be considered out of compliance, if this rezoning does not occur. Michael Harvey said it would be illegal-not in conformity, meaning that it was developed at a point in time prior to its residential zoning designation. He said it would be allowed to continue operating and could make minor modifications; however, if the owner wanted to make major renovations, the owner would have to go through the zoning process. Michael Harvey said the next property is off of Highway 70, which contains a mobile home park and a small grading business. He said staff is proposing to expand the EC5 zoning designation to fully cover a portion of the existing commercial building that is part zoned residential and EC5. He said staff is also proposing to expand the EC5 designation to provide driveway access to the highway. He said that was done at the request of the property owner, and staff was in agreement. Michael Harvey said the next parcels are several lots owned by Efland Real Property, LLC along Highway 70. He reviewed the existing zoning designations of the different parcels. He said staff met with the Applicant on numerous occasions, and the Applicant has no interest in maintaining the existing industrial, but wanted to maintain some non-residential activity on the property. He said staff is recommending that all four parcels be zoned general commercial. He said the simple establishment of a commercial zoning designation does not mean that the whole property gets developed for commercial activity. He said the Applicant will be responsible for maintaining all required land use buffers surrounding the property. He said there is no 5 21 development proposal for this lot currently. He said staff's recommendation is due to the property's location in a commercial industrial transition zone, and this is a more acceptable land use for the area in general versus existing industrial. Commissioner Jacobs asked if this is part of the Efland Mebane Small Area Plan. Michael Harvey said yes. Commissioner Jacobs said the purpose, in part, for that Plan was to pre-plan for some commercial development on this corridor, where there was existing infrastructure. Michael Harvey said staff believes general commercial zoning allows for more flexibility. Michael Harvey referred to the parcel of land off of Mt. Willing Road, saying it is zoned commercial property, and staff is recommending it be re-zoned agricultural residential. He said the Department of Transportation (DOT) owns this parcel. He said there may have been a commercial entity at some point, but when DOT took the property the zoning was not re- designated. Michael Harvey referred to the next parcel, which is an existing automotive repair business, off of highway 70. He said the majority of the property is zoned neighborhood- commercial. He said staff is recommending that the entire parcel be zone neighborhood- commercial. He said this property will also have to insure that the land use buffer is part of the commercial lot. Michael Harvey reviewed the remaining parcels of land, their zoning designations, and any changes being proposed by staff. Commissioner Dorosin asked if the process by which staff identified these parcels could be explained, and if there are other parcels that may be brought forward in the future. Michael Harvey said Attachment 3 shows that staff identified approximately 100 properties in the Bingham, Cheeks and Cedar Grove Townships, which had inconsistent or messy zoning. He said the property owners were contacted to discuss the land, some of whom expressed no interest in changing the zoning of their land. He said this is acceptable as long as there is no inconsistency with the comprehensive plan. He said the other four townships will be reviewed at a later date. Commissioner Jacobs said this is all consistent with the Woods rezoning on Highway 70, when the Board of County Commissioners asked staff to fix all of these properties. He said that brought the need for rezoning to the County's attention years ago. Michael Harvey said this project has been a long time coming and is not yet completed. He said it has been important to involve the landowners in the discussion. Commissioner Price agreed that this is excellent work. Commissioner Price referred to the parcels with owners who do not want rezoning, and asked if these properties were to be sold in the future, would the new owner be made aware of the zoning inconsistencies. Michael Harvey said anyone that buys property should ask about zoning, but staff will work with anyone to insure the zoning is consistent. He said staff was given a specific direction to look at zoning by the Board of County Commissioners, and if the residents choose not to take advantage of this opportunity then the onus would be on the residents. Chair McKee asked if any property owners, or other members of the public, would like to speak. PUBLIC COMMENT: Rob Gray said it would be helpful to display the Ashwick neighborhood across from Highway 70. Michael Harvey said he did not have that map. Rob Gray asked for a map of the property across from this location, where there is a golf cart repair business. He said many of these rezoning suggestions make a lot of sense. He said the property in the map he requested is located near a neighborhood called Ashwick. He said 6 22 he was unsure if this neighborhood's Home Owners Association (HOA) is aware of these proposed changes. He asked if the proposed changes move forward, how does this affect the homeowners adjacent to these properties and their property values. He also asked if zoning could be more thoroughly explained, and what does this zoning classification include. Chair McKee said there is no one here to answer his property value question. Michael Harvey said, from a land use stand point, a manufacturing operation could be built on this property under the current industrial zoning designation. He said if the parcel is re- zoned general commercial, there could be a restaurant, office space, grocery store, retail, etc. He said any development would have to go through the site plan approval process, demonstrate compliance with the various set backs, parking, land use, etc. Michael Harvey said there was a letter sent to the Ashwick HOA, as well as everyone living within 1,000 feet. Rob Gray said he did not mean to imply that there was no attempt to contact the HOA. He said he is concerned about what can be built on this land under the new zoning designation, and he suggested possibly breaking this up in different segments to review in greater detail. Guerry Sterling Willis said she is also from Ashwick, and she found out about this topic on Saturday. She said the homeowners are concerned about property values, congestion, noise pollution, and water pollution. Kimberly Gush said she also lives in the Ashwick Community and echoed the concerns of the other two speakers. Commissioner Dorosin asked if the parcel, to which the public is referring, is currently under zoning that makes it vulnerable to the changes that the residents fear. Michael Harvey said the current zoning allows for manufacturing operation on the property, which is more detrimental then the general commercial zoning. He said there are regulatory statutes in place that may address some of the resident's concerns. He said it his opinion that there is a more reasonable zoning designation that is more consistent with the current plans, policy and County vision for this area. Commissioner Price said the general commercial zoning will also allow offices, and this would be less intense than a manufacturing business. Commissioner Pelissier asked if the total number of acres could be identified. Michael Harvey said it is a total of four to five acres. Chair McKee asked if this property will still be bound by the regulatory statutes in place for parking, watershed, etc. Michael Harvey said yes, and that also means compliance with the storm water ordinance. Chair McKee asked if the tract that has the golf cart repair business could be switched to a manufacturing facility now. Michael Harvey said yes, under the existing industrial zoning designation. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to close the public hearing. (Note that, because this is a legislative decision, additional comments at a later date are permitted). VOTE: UNANIMOUS Commissioner Jacobs said this is being presented to the Board as a package, but asked if one parcel could be removed. Michael Harvey said yes, if the Board is specific. Commissioner Jacobs said he approved what the staff did, but he does understand the concerns of the Ashwick residents. He would like to afford the community the opportunity to ask additional questions, and bring the item back at a later date. 7 23 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to: a.) adopt the proposed amendments by approving the Statement of Consistency (Attachment 6) and Ordinance amending the Zoning Atlas (Attachment 7), with the exception of the Efland Real Property LLC properties: PIN 9844881230, 9844788137, 9844786242, 9844786236, which will be held over for further discussion with the community, and be brought back to the Board of County Commissioners no later than February 7th Commissioner Price asked if the community had been invited to the Planning Board meeting. Michael Harvey said letters were sent to residents that lived within 1,000 feet, including the Ashwick HOA. He said staff met their obligation under the ordinance, and provided notice of the Planning Board meetings and the Board of County Commissioners meetings. Commissioner Price said she respected the residents, but felt that this has been going on for a long time, and there have been opportunities for the neighborhoods to come to the meetings. She said this new designation is making the area better. Commissioner Dorosin referred to his question about keeping this parcel open, and asked if options could be reviewed. He said this process was designed to clarify the zoning based on what is actually on these properties now and avoid creating non-conforming uses. He said the option of changing this property to general commercial is consistent with the fact that there is some type of commercial operation on the property now. Michael Harvey said when staff started meeting with the property owners there was concern with an existing industrial operation or manufacturing operation in this particular area of the County. He said rather than modifying or altering the existing industrial, staff was asked about rezoning the area to general commercial. He said staff reviewed numerous studies of the area, and found the suggestion was consistent with those documents, and moved forward with the change. He said this brings the property more into compliance with the Efland-Mebane Small Area Plan and the Comprehensive Plan. Commissioner Dorosin said the neighbors may want a residential zoning for this parcel, but that would be an unrealistic expectation. He said continuing the conversation may lead to a false hope. Commissioner Jacobs said he agreed with both Commissioner Dorosin and Commissioner Price, and he also thinks staff made good points. He said he knows from experience that residents do not understand the process, and he would like to create another forum for them to have a conversation with staff to be able to ask questions about how this affects their community. Commissioner Rich said she agreed with Commissioner Jacobs. Chair McKee asked Craig Benedict, Planning Director, if he could identify how long it would take to bring this item back, and if, during conversations with staff, the residents have expressed a desire for any of the proposed changes. Craig Benedict said when HOAs turnover from the developers to the HOAs, staff usually has meetings with them. He said the Ashwick HOA has turned over again, and staff can meet with the HOA to provide information and answer questions. He said staff did look at the existing zoning, and feels the proposal is a better solution for the property owners and the neighborhood. Commissioner Pelissier said she is fine with delaying a vote on this set of properties, but she would not want to wait until spring. VOTE: UNANIMOUS 24 Attachment 5 STATEMENT OF CONSISTENCY OF A PROPOSED ZONING ATLAS AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated amendments to the Zoning Atlas to rezone 4 properties within the Cheeks Township The following parcels are affected by this proposal: Township: Township PIN: Owner: Existing Zoning: Recommendation: Property Map Number(as contained in Attachment 2): II Cheeks Cheeks Map 9844-78-6326 Efland Real Existing Commercial After reviewing the situation Site ID — 13 Property, LLC (EC-5) with the owner they have Approximately CIO Gail requested, and staff is 0.06 acres in Wilkerson (Note: this is for PIN recommending, rezoning both area (2,613 9844-78-6326) 708 Hwy 57 properties to General sq.ft.) Hillsborough, Commercial (GC-4). NC 27278 9844-78-6242 Rural Residential (R- Approximately 1) (Note: this is for 0.46 acres in PIN 9844-78-6242) area (20,037 sq.ft.) Cheeks Cheeks Map 9844-78-8137 Efland Real Rural Residential (R- After reviewing the situation Site ID — 14 Approximately Property, LLC 1)—approximately with the owner they have 3.25 acres in C/O Gail 2.21 acres in area requested, and staff is Wilkerson recommending, rezoning the area 708 Hwy 57 Existing Industrial (E- entire 3.25 acre parcel of Hillsborough, I)—approximately property to General NC 27278 1.04 acres in area Commercial (GC-4). Cheeks Not identified 9844-88-1230 Efland Real Rural Residential (R- After reviewing the situation on map — Property, LLC 1) with the owner they have added at Approximately C/O Gail requested, and staff is request of 1.35 acres in Wilkerson recommending, rezoning the property owner area 708 Hwy 57 entire property to General Hillsborough, Commercial (GC-4). NC 27278 Cheeks Cheeks Map 9844-95-4403 NC DOT — right- Existing Commercial Rezone entire property to R-1 Site ID— 17 of-way (EC-5) since there is no existing Approximately commercial operation on this lot 0.65 acres in and it is part of the NC DOT area (28,314 right-of-way. sq.ft.) 25 No modifications are being proposed to the boundaries of the aforementioned overlay districts and requirements related to the overlay districts will continue to apply. The Board of County Commissioners finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. 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 amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. These amendments are consistent with this goal and objective as it eliminates existing inconsistent zoning boundary lines on the identified parcels clarifying the type of development that can occur. Specifically instead of having split zoned parcels allowing for both non- residential and residential development, creating development conflicts, a non-residential zoning designation will be placed on the 4 subject properties mitigating and eliminating the existing barriers to their unified development. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) These amendments are consistent with this goal and objective as it rezones the 4 subject properties to an appropriate non-residential general use zoning designation allowing for development consistent with available infrastructure and community services. c. The amendment is reasonable and in the public interest because it: 1. Modifies existing non-residential zoning boundaries in an attempt to make existing operations more conforming to local land use regulations. This amendment addresses the split zoning of the 4 subject parcels in an effort to provide a mechanism for existing non-conforming conditions to be addressed. 26 The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Mark Dorosin, Chair Date Attachment 6 27 Ordinance#: ORD-2017-006 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has initiated amendments to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, the proposed rezoning consists of the following: Township: Township PIN: Owner: Existing Zoning: Recommendation: Property Map Number(as contained in Attachment 2): Cheeks Cheeks Map 9844-78-6326 Efland Real Existing Commercial After reviewing the situation Site ID — 13 Property, LLC (EC-5) with the owner they have Approximately C/O Gail requested, and staff is 0.06 acres in Wilkerson (Note: this is for PIN recommending, rezoning both area (2,613 9844-78-6326) 708 Hwy 57 properties to General sq.ft.) Hillsborough, Commercial (GC-4). NC 27278 9844-78-6242 Rural Residential (R- Approximately 1) (Note: this is for 0.46 acres in PIN 9844-78-6242) area (20,037 sq.ft.) Cheeks Cheeks Map 9844-78-8137 Efland Real Rural Residential (R- After reviewing the situation Site ID — 14 Approximately Property, LLC 1)—approximately with the owner they have 3.25 acres in CIO Gail 2.21 acres in area requested, and staff is Wilkerson recommending, rezoning the area 708 Hwy 57 Existing Industrial (E- entire 3.25 acre parcel of Hillsborough, I)—approximately property to General NC 27278 1.04 acres in area Commercial (GC-4). Cheeks Not identified 9844-88-1230 Efland Real Rural Residential (R- After reviewing the situation on map — Property, LLC 1) with the owner they have added at Approximately CIO Gail requested, and staff is request of 1.35 acres in Wilkerson recommending, rezoning the property owner area 708 Hwy 57 entire property to General Hillsborough, Commercial (GC-4). NC 27278 and WHEREAS, the proposal has been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete, and 1 28 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 areas described above and depicted on the attached maps. 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 , 2017. 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 , 2017 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 , 2017. SEAL Clerk to the Board of Commissioners h.��� —_—_—_—_—__ 4 . 29 1 , I I;Cheeks Township Map :: a G�� i• ,.Site ID - 13 � -. . 1 co, x =PIN: 9844-78-6326 ' `. "- `. ' I Property is zoned EC-5. }-IS 70 After conferring with the property owner, 1 ��; I - property(denoted in yellow)is being _ 4 r :` rezoned to GC-4. ,, ! �.� This will involve rezoning a total of 4 I .m 77 properties owned by Efland Real ! N Property LLC to GC-4 I NC 54 W 1 o rl N' Ir Y 7 g` fi _ I L.r.....,,"` -r. .1 sems . iii ,„, 4.1,-k 0 eti---rr ,:,, ,iT,6,. irr--. . _ It.. ., , 11111.1111111111.11191 13B24 11111"111114 '7:' 4 . ., . ` • 'I' 4 ; Upper Eno - _• _ I. Protected '� � r, • 1- 1 P' I" r' r. , • Watershed + r' PIN 9844-78-6242 .- *m h, r'• -I ' ' :a. ' ' 1... 010 *.• Efland Real Property LLC .. s w r 1r I►. ;t I . gi;54 Spill- :• . 1' pT P '.' . 6, .. nn at II -0 ° ° ° ° ' 1 Alp, � 1 PIN#:9844786326 EFLAND REAL PROPERTY LLC �"6 Data shown on this map is obtained from Orange County �., GIS and is for reference only. Exact locations and boundaries should be verified. 708 HWY 57 Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON -y. . HILLSBOROUGH,NC 27278 cels 1:1 Zoning l° 1 100 YR Floodplain(Effective 02/02/07) N . ��Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t I M OC Updated Water Feature imp School System Boundary 0 ETJ IZI 500 YR Floodplain(Effective 02/02/07) ` 1=Water Body Contours Conservation Easements I= Buildings M Held by Others 1 inch=58.384 feet 0 River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 20 40 80 eet Conservation Easements 'Cheeks Township -"f1 a ��� i Map , ``9. 0 i ,Site ID - 13 -.. - ' r . 1 s ' PIN: 9844-78 irr_-6242 - _ `• s�� ! ' EC5 I I p — w /8s i traxeivr .e., i • I' r I ", PIN 9844-78-6326 r _� _ , i \l`\ I Efland Real Property LLC � ,`• r i I b NC54W ...-1 o A b- .i III `.. " . _ r '� I 1 ,' t . J 1 .6 r 41' • I 1 •1 '' ` 0 4.9 e ' I� ' 1 � �' _,p r�. . •. E. r * Id �_ Upper Eno s4 a, ; Protected Watershed • dIR Property is zoned R-1. mi After conferring with the property owner, property(denoted in yellow)is being rezoned to GC-4. ,11' +' 4 °p i . -, This will involve rezoning a total of 4 F - L + •;�4,,',,. .0" x properties owned by Efland Real Property LLC to GC-4 I ., 4i r a . s 1 :4% 1 .. . r Nit*. rip '4 . ... .. - J . +. 4- al e rb a _ R' Mr' t I PIN#:9844786242 ter' i '' 1 14 1< ^ Data shown on this map is obtained from Orange County EFLAND REAL PROPERTY LLC - ± x ` GIS and is for reference only. , p r-.�. Exact locations and boundaries should be verified. 708 HWY 57 ' " " ''i" •.L"' Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON . HILLSBOROUGH,NC 27278 cels 1:1 Zoning 0 100 YR Floodplain(Effective 02/02/07) N ., —Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t � V M OC Updated Water Feature School System Boundary = ETJ IZI 500 YR Floodplain(Effective 02/02/07) y =Water Body Contours Conservation Easements I= Buildings M HeId b Others 1 inch=40 feet = River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 15 30 60 eet Conservation Easements r Cheeks Township Map 0 �G ! Site ID - 14 k �, . S 70 w ` , PIN: 9844-78-8137 , lip: ,• 'w5_ _ .,.. , ..„:„...„. g 4' '11.4 , r " ` NC 54 W o r �� `111 40 - 21174.. 1 r . ![l , 3t�o a _ r as jimi • Ntc . ,...,. . _ .,. _ . . . .. _. ,_ , 1 ;V!w i r Upper Eno Protected Watershed i I .fir* •{J ', . I{I {Jr4 . �? fl 'lilt'Ir''n „,_, , _ - s:. . w. .; i I •'9 r i; - fi r^ �,:'.. } R S .� ry'4411" �t F Property is split zoned R-1 and El. After conferring with the property owner, 'i property(denoted in yellow)is being rezoned to GC-4. :.This will involve rezoning a total of 4 properties owned by Efland Real Property LLC to GC-4 / PIN#:9844788137 EFLAND REAL PROPERTY LLC Data shown on this map is obtained from Orange County GIS and is for reference only. Exact locations and boundaries should be verified. 708 HWY 57 n Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON HILLSBOROUGH,NC 27278 cels 1:1 Zoning 0 100 YR Floodplain(Effective 02/02/07) N . �r Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I r t I M OC Updated Water Feature School System Boundary = ETJ II 500 YR Floodplain(Effective 02/02/07) ` =Water Body Contours Conservation Easements I= Buildings M HeId b Others 1 inch=100 feet = River Basins L_1 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 37.5 75 150eet Conservation Easements :'k'".. r - ..r -- F lal Cheeks Township Map — m,Not shown on Township Map - - *iv, hT /property included at owner's y— �G i • r.I request 01 I III Nk370w 1 PIN: 9844-88-1230 S 7o vv W 1 fi � ,- i 18S S I 61•1' r I I. ,` ,,, — ANC 54 W �1 o 40 , x3 #r' ` — tom— —j __, ,„-. _ .. 1.` J =Ilk{�9 '1k ta. 1 I i -1 y .1. l I .. i l k ,,y � 'Y.l' hrl 1 P • s4 - ° - , 1 f i. 1 � - ; a ' s� �r r f , 4 T. i Upper Eno �• I I - { Protected Ii i « .,..�', Watershed 1. i 14.4. t, -e"AL, ,. t i ' } ,- '5 —■ , 100,• 'A y -1. ie i &s . ° ' a �_ _ Property is zoned R-1. - i' °-.'"i' i" - i After conferring with the property owner, .4 - - 41' - . , -property(denoted in yellow)is being ' ' ! -, ' t '... rezoned to GC-4. - 4- f. I This will involve rezoning a total of 4 l� - - - ,‘I, I ,properties owned by Efland Real -- '''- ' .*-7; - `3 ' ,> k `-. 4 Property LLC to GC-4 •* - 1e Ito. , __ , ham; .'� > _ t. ' ' Ft'• PIN#:9844881230 '- *1, '�' ry ° k ' EFLAND REAL PROPERTY LLC r 1�- . t: w"' r'�4: - Data shown on this map is obtained from Orange County GIS and is for reference only. r Exact locations and boundaries should be verified. 708 HWY 57 ' ,..,. Map prepared by Orange County Planning&Inspections. C/O GAIL WILKERSON L ,,, 4, . , _ _ HILLSBOROUGH,NC 27278 cels 1:1 Zoning l° 1 100 YR Floodplain(Effective 02/02/07) N r .t ��Soils Survey Water Feature [::]Township =City Limits = Floodway(Effective 02/02/07) I I `,,M OC Updated Water Feature School System Boundary 0 ETJ IZI 500 YR Floodplain(Effective 02/02/07) 0 Water Body Contours Conservation Easements I= Buildings M Held by Others 1 inch=60 feet 0 River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V: Soils Orange County 0 20 40 80 eet Conservation Easements a- Pr 4. • t o� - 9c / This is an illustrative maps+; 1 denoting all of the properties owned by Eland Real y `' ! \m Property LLC subject to ,� s I I rezoning. NC 54 W c �� ' :„." : .. , v (DS 70W , N , 131 rr. . EN . , ,,,, MMM . . . . . . 2 . . . .11 PIN 9844-78-6326 ■ ■ II ii ■ ■ c , • ■ �'■ Upper Eno 4 II ■ ■' Protected �N ` II I ■■ Watershed y • ■ ■ Ni PIN 9844-78-6242 ■ 0' Ihe ::.r'" ■ ••per='.'• ' I T �.•''' �' ■I� fa 9844-88-1230 1 ' ■I ■ C ,raft. P Iti N 9844-78-8137? i -_ _ - y ■ ■ . . . • M ■ ■ ■ ■ • ■ ■ ■ ■ ■ II ■ . • 0 O - ' II •I7`,•*, FORREST-AVE •A) „ � a FORRESTG�µ ` PIN#:9844881230 EFLAND REAL PROPERTY LLC Data shown on this map is obtained from Orange County + GIS and is for reference only. 4 Exact locations and boundaries should be verified. 708 HWY 57 Map prepared by Orange County Planning&Inspections. • CIO GAIL WILKERSON HILLSBOROUGH, NC 27278 cels Zoning 0 100 YR Floodplain(Effective 02/02/07) N —Soils Survey Water Feature [::]Township D City Limits Floodway(Effective 02/02/07) I rk I: rf M OC Updated Water Feature i:11 School System Boundary I= ETJ ILA 500 YR Floodplain(Effective 02/02/07) •` Y =Water Body Contours Conservation Easements 0 Buildings M Held by Others 1 inch=125 feet I= River Basins L_7 County Boundary y =Water and Sewer Boundary =Watershed V;;Soils Orange County 0 45 90 180 Conservation Easements