HomeMy WebLinkAboutAgenda 06-04-2019 5-c - Zoning Atlas Amendment - 2616 Old Greensboro Road (PIN 9758-42-4098) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 4, 2019
Action Agenda
Item No. 5-c
SUBJECT: Zoning Atlas Amendment - 2616 Old Greensboro Road (PIN 9758-42-4098)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Zoning Atlas Amendment Application Patrick Mallett, Planner II, (919) 245-2577
2. Map of Subject Parcel Michael D. Harvey, Planner III, (919) 245-2597
Craig Benedict, Director, (919) 245-2575
3. Survey of Existing Conditions
4. Excerpt of Draft Planning Board
Minutes from May 1, 2019 Meeting
5. Planning Board Signed Statement of
Consistency
6. BOCC Statement of Consistency
7. Ordinance Amending Zoning Atlas
PURPOSE: To hold a public hearing, receive the Planning Board recommendation, and take
action on a property owner initiated amendment to the Zoning Atlas for a parcel of property at
2616 Old Greensboro Road. Specifically, the applicant is requesting the property be rezoned:
From: Existing Commercial (EC-5); Rural Buffer (RB); University Lake Protected
Watershed Protection Overlay District
To: EC-5; University Lake Protected Watershed Protection Overlay District
to ensure existing non-residential land uses are conforming to the requirements of the Unified
Development Ordinance (UDO).
BACKGROUND: In 2016, staff initiated a review of several properties throughout the County
that were split zoned (i.e. residential and non-residential zoning designations), zoned non-
residential where there was no corresponding non-residential land use, and where existing
zoning boundaries did not allow for the logical use of property.
As reported at that time, there were many instances where previous staff had drawn zoning
district boundaries in a manner encompassing the actual land use (i.e. building) while excluding
other areas, most notably parking, septic fields and/or required land use buffers. Staff worked
with several property owners, including the current applicant, in an attempt to address these
problems by updating the zoning designations on various parcels.
2616 Old Greensboro Road, further identified utilizing Orange County Parcel Identification
Number (PIN) 9758-42-4098, is an approximately 4 acre parcel of property split zoned RB and
2
EC-5. EC-5 is the general use zoning designation specifically crafted to capture "grandfathered"
non-residential uses in existence prior to the adoption of zoning in each township. In this case,
Bingham Township (including this property) was originally zoned in 1981.
The property has been used as a self-storage facility, wood working shop, and residence since
approximately 1977. Current zoning designations split the existing non-residential land uses
into separate districts (i.e. portions are located within both the EC-5 and RB general use zoning
designations). For more information on current conditions, please refer to maps contained
within Attachments 2 and 3.
When staff initiated zoning atlas amendments in 2016, the property owner requested this
property not be considered to allow additional opportunity to review impacts. Since that time,
the property owner has elected to submit the required zoning atlas amendment application
seeking to proceed with a rezoning of the property, eliminating the existing split zoning and zone
the entire parcel EC-5, consistent with staff's original proposal in 2016.
It is unclear why the original zoning effort undertaken in the Bingham Township, which occurred
in 1981, failed to capture the various non-residential land uses that were in existence on the
property. This request, however, will address this matter by rezoning the property entirely to
EC-5.
Development Process, Schedule, and Action: The typical cadence for the review of a General
Use Rezoning and Zoning Atlas amendment is:
• FIRST ACTION — Submission of a General Rezoning application with required
supporting documents by the property owner.
STAFF COMMENT: Mr. Stan Lawton, the property and business owner, submitted
the required materials on February 4, 2019. Staff determined the application to be
complete on February 27, 2019.
• SECOND ACTION — The Planning Board receives the application and staff
prepared materials and makes a recommendation on the Rezoning request.
STAFF COMMENT: Staff presented this request and the Planning Board made a
unanimous recommendation to approve the request at its May 1, 2019 regular
meeting.
• THIRD ACTION — The BOCC holds a public hearing on the request; receives the
application materials and recommendations, and takes action on the request.
STAFF COMMENT. Staff will present these materials and facilitate the public
hearing at the BOCC's June 4, 2019 regular meeting.
Site specific information on the property, and request, is as follows:
Township: PIN: Owner: Existing Zoning: Request:
Bingham 9758-42-4098 Thomas Lawton Rural Buffer (RB) (2.65 Expand the existing EC-5
2616 Old acres)AND zoning designation to the
Greensboro Existing Commercial (EC-5) entire parcel (4.08 acres)
Chapel Hill, NC (1.43 acres) ensuring all structures
27516 associated with operation
University Lake Protected are located within the
Watershed Overlay District appropriate district.
3
For more information please refer to Attachment 1. As previously indicated, maps and a survey
denoting the subject property are contained within Attachments 2 and 3.
Public Notifications: In accordance with Section 2.8.7 of the UDO:
• May 1, 2019 Planning Board Meeting: Notices of the date, time, location, and
purpose of the meeting were sent via first class mail to all property owners within
1,000 feet of the subject parcel on April 16, 2019. A sign advertising the date, time,
location, and purpose of the meeting was posted on the property on April 18, 2019.
• June 4, 2019 BOCC Public Hearing: Notices of the date, time, location, and purpose
of the public hearing were mailed to the same residents, via first class mail, on May
20, 2019. A sign denoting the date, time, location, and purpose of the public hearing
was posted on the property on May 24, 2019.
Legal ads advertising the date, time, location, and purpose of the BOCC public
hearing were included in the News of Orange and the Durham Herald Sun on May 22,
2019 and again on May 29, 2019.
JPA Review: This request is located within the Rural Buffer (RB) zoning district and within the
Joint Planning Area (JPA) with the Town of Carrboro having review opportunity. In accordance
with the provisions of the JPA, the Town of Carrboro was notified of this request on April 11,
2019. To date, no comments have been received from the Town.
Planning Board Recommendation: At its May 1, 2019 meeting, the Planning Board voted
unanimously to recommend approval of the Statement of Consistency and the ordinance
approving the Zoning Atlas Amendment. Excerpts of the draft minutes are included in
Attachment 4. The Planning Board's signed Statement of Consistency is included within
Attachment 5. Agenda materials from the May 1, 2019 meeting can be viewed at:
https://www.orangecountync.gov/AgendaCenter/Planning-Board-26.
Planning Director's Recommendation: The Planning Director has found the request consistent
with several provisions of the 2030 Comprehensive Plan, notably:
• ECONOMIC DEVELOPMENT ELEMENT:
o Objective ED-1.5: Identify barriers to development of desirable businesses and
local businesses, and mitigate these barriers.
• CHAPTER 5: LAND USE ELEMENT:
o Land Use Overreaching 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.
o 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.
o Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan
goals.
Based on this analysis, the Director recommends approval of the zoning atlas amendment
application subject to the approval of:
4
i. The Statement of Consistency, as contained in Attachment 6, indicating that the
proposed zoning atlas amendment is consistent with the adopted Plan, and the
request is reasonable and in the public interest; and
ii. The Ordinance amending the Orange County Zoning Atlas as contained in
Attachment 7.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
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 and
mailings costs were paid by the applicant. Existing Planning staff included in the Departmental
staffing budget will accomplish the work required to process the amendment.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the request;
2. Conduct the public hearing and accept comment;
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted);
4. Approve the Statement of Consistency (Attachment 6); and
5. Approve the Ordinance amending the Zoning Atlas (Attachment 7) as recommended by
the Planning Board and Planning Director.
Attachment 1
k7tose . Ev",f� 5
Orange County Planning and Inspections De alrtment
" 52 ,APPLICATION FOR
' ZONING ATLAS AMENDMENT
lcp1 4 Cato'
GENERAL USE REZONING REQUEST
APPLICANT INFORMATION: .
Dater
Applicant: Phone:
Phone:
Address: / CeIl Phone:
• ° ! E-mail: f
PROPERT SUBJECT TO REQUEST:
Parcel Identification Number(PIN).-
Address of property: SO v l w O , t,. 4L,:> Owner of property: V D m AS S. LA o ID,-�-J
Current Zoning Designation: E
Cr-
Requested Zoning Designation: 5C�: S Z
**If Applicant/Owner are different people,include a signed,notarized,statement indicating that the owner has authorized the
applicant to submit the request. In cases where there are multiple property owners, please attach an additional document
containing their signatures authorizing the submission of the application or other Iegal documentation establishing the
applicants right to file on their behalf**
SUBMITTAL INFORMATION»Section 2:$.3 of the Unified Development Ordinance(UDO)
1) A Map,at a legible scale,showing the property(s)subject to the request. A map may be procured at the Planning Department for a
fee in accordance with the adopted Orange County Fee Schedule
2) A legal description of the property(s)proposed for rezoning
3) A list showing the names and addresses of all adjacent property owners within 504'feet of the subject property.
4) A detailed narrative denoting the following:
a. The alleged error in the Zoning Atlas(if any)that will be corrected by the proposed request.
b. The changed,or changing,conditions(if any)that makes the proposed amendment reasonable necessary to promote the
public health,safety,and general welfare.
c. How the proposed amendment is consistent with,or carries out the intent and purpose of,the Orange County Comprehensive
Plan,
5) In cases involving amendments to the Special Flood Hazard Area Overlay District,applicants shall supply the following-additional
information in accordance with Section 2.8.3(G)of the LIDO:
a. An elevation certificate with either an MT-1,MT-2,or MT-EZ(forms available through FEMA)or
b. A`No-impact'analysis for a letter of map revision
5)The filing fee per the adopted Orange County fee schedule in affect as of the date of the application.
i (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas
Amendment application and understand only completed applications, containing all information required by the Orange County
UDO shall be reviewed and acted upon by the County. Further I (we) understand that any assistance I (we) may receive from.
County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal
nor does it guarantee an approval of the proposed atlas amendment by the County.
Applicant Date:
Applicant Date:
� 6
Hi my name is Stan Lawton
I own 4.08 acres on Old Greensboro Highway in Bingham Township, Orange
County, of which 1.43 acres is zoned EC5. I would like to explore the possibility of
converting the entire 4.08 acres to EC5 zoning as well as the possibility of erecting
an additional storage building on the property. The storage business is a good one
and the occupancy rate is consistently 95% but I receive many calls for storage I
must turn away for lack of enough units. That is why I would like to construct an
additional climate-controlled storage building which would require a changeover to
EC5 zoning.
I bought the land in 1977 as a place to operate my business. The existing
building was a rough pole barn (80x100 feet) with aircraft hanger doors on either
end and a dirt floor. The building was just a shell with a dirt floor and little
protection from heat or cold. A small office sat next to it on the east side. The
trucks would drive in one end and load trusses and wall sections and drive out the
other end. They stacked trusses in fiont of the building on a rack for advertising.
There were no trees and the land surrounding the buildings was entirely scraped of
topsoil in order to level the area for trucks to come and go. The rest of the property
was covered in wild blackberries. At that time Old Greensboro Highway was
entirely rural with very little traffic. Over the years, I improved the building adding
7
a floor and constructing walls and insulating. In the early 1990s I began to convert
the building into a self-storage facility. By 2002 the self-storage facility was fully
occupied.
In 1988 I began landscaping the property beginning with having a pond dug
in the boggy area on the southeast corner of the lot. The pond is 12 feet deep with
with a 0"drain installed that runs into the woods behind it. Now almost all the rain
water from the property goes into this pond. We used the excavated soil from the
pond to build up the scraped-over land in the front of the building that had been
leveled for the previous construction business. We minimized the amount of
impervious surface by creating a built-up circle of topsoil in the center and adding
topsoil and planting trees thirty feet apart on both sides of the driveway. In other
words, when I bought the property almost one-quarter of it had been scraped at
least one foot below the surrounding land. Today it has been fully restored and the
trees are nearly full grown.
I have continued to improve the overall integrity and attractiveness of this
property. In 2008 I began construction of a series of water garden features on the
west side of the property that extend from the road to my house over 300 feet. I
bought a tractor and backhoe and hired a professional landscape designer to help
me with the planning and construction of it. I have invested between $200,000-
$300,000 an landscaping my water garden and the property behind my house
including the pond. Today it is a beautiful addition to the property and a local
attraction.
8
In summary, I am trying to make this a long-term self sustaining locally
owned business that insures profits remain in Orange County. Constructing an
additional climate-controlled storage building, if possible as close behind the
original building as is feasible, would keep the rural character of this area by
preserving the large trees along the driveway and the northwest field along Old
Greensboro Road as a rural buffer. The storage business is a low impact non-
polluting business which can also be attractive if the buildings are set back from the
road as I have suggested. I have been working closely with Alois Callemyn and
look forward to his arranged meeting with the Orange County Planning Director to
discuss my request for a zoning modification. I will be happy to provide
photographs if you wish.
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PLANNING AND INSPECTIONS DEPARTMENT 13
Craig N. Benedict, AICP, Director
Current Planning : 131 W. Margaret Lane
(919)245- ORANGE COUNTY Suite 1
(919)644-3002 3002 P.O. Box 818181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
BILLING CONTACT
LAWTON THOMAS S
2616 Old Greensboro Rd
Chapel Hill, Nc 27516-9025
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
INV-00000159 02/20/2019 02/20/2019 Paid In Full NONE
REFERENCE NUMBER FEE NAME TOTAL
MA19-0001 CP Legal advertising fee $1,000.00
CP Mailing Fee $82.00
CP Sign Posting(F) $30.00
CP Staff Review Fee Non-Resid. (Single Tract) $1,888.00
SUB TOTAL $3,000.00
REMITTANCE INFORMATION
Orange County Planning&Inspections
131 W. Margaret Lane
P.O.Box 8181
Hillsborough, NC 27278
If mailing in your payment, please be sure to include the
reference number( MA19-0001 ) on your check.
Please make checks payable to "Orange County"
rpt_ALL_OC_ALL_InvoiceData 2019.3
Report created:3/4/2019 3:07:48PM
366A< 029 Page
NOTE: SURVEYED FROM DEED
BOOK PAGE
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OWNERI_l OWNERI_f OWNER2_l OWNER2_f ADDRESSI CITY STATE ZIPCODE
PATIL VISHWANA CARDOZA VINITHA J 1001 ELLEP MORRISVIL NC 27560
FERGUSON BEN P 1119 HATC CHAPEL HII NC 27516
ALSTON NORMA A 1517 FERG CHAPEL HII NC 27514
LLOYD CARL BRAC LLOYD LAURA E 1600 HOLL'CHAPEL HII NC 27514
BURTON DEBBIE A 1605 FERG CHAPEL HII NC 27514
JACOBSON CHARLES JACOBSON ALLISON R 1800 IVEY I CHAPEL HII NC 27516
FUCHS JEFFREY W FUCHS KAREN R 1816 IVEY I CHAPEL HII NC 27516
MILLER JENKINS RC 1819 IVEY I CHAPEL HII NC 27516
IVEY TRUST 1900 CARL CHAPEL HII NC 27516
HEARON CHARLES 0 1915 IVEY I CHAPEL HII NC 27516
HERMANS JACQUELIN 213 DACIAI DURHAM NC 27701
DEVINE VIRGINIA A 2401 OLD (CHAPEL HII NC 27516
BALMER JACQUELYr 2415 OLD (CHAPEL HII NC 27516
GOINS LISA ET AL ALSTON NORMA 2426 OLD (CHAPEL HII NC 27516
POINEAU JUNE CALLAHAN WILLIAM J 2600 OLD (CHAPEL HII NC 27516
LAWTON THOMAS S 2616 OLD (CHAPEL HII NC 27516
ALSTON VANESSA 2618 OLD (CHAPEL HII NC 27516
BACHMAN EDWARD B 2620 OLD (CHAPEL HII NC 27516
GOINS SHAWN W GOINS LISA A 2626 OLD (CHAPEL HII NC 27516
GOINS LISA ET AL ALSTON NORMA 2626 OLD (CHAPEL HII NC 27516
CLARK DOUGLAS f CLARK SCHANA D 2707 DOU(CHAPEL HII NC 27516
ATWATER CYNTHIA A 4528 MINE GRAHAM NC 27253
ORANGE COUNTY PO BOX 81 HILLSBORC NC 27278
Book 288 Page 033
17
PREPARED BY, GUNN & MESSICK, Attorneys at Law, Pittsboro, North Carolina 27312
eocu 288 33
I�r NORTH CAROLINA.�tHATThIRT COUNTY
y.N. THIS DEED.MADE AND ENTERED INTO THIS THE 11 DAY O/ July .t/78 ,Sr AND METWE[N
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Orange
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'•f ASSIOHN ALL THAT CERTAIN TRACT OR PARCEL OF LAND IN Bingham TOWNSHIP btATCOUNTY. NORTH CAROLINA.AMD
MORE PARTICULARLY DESCRIBED AS FOLLOWS,
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BEGINNING at an iron stake in the southern margin of the right-
of-way of N.C.S.R. 1005, corner with Charles Bogle, running j
thence westerly with the southern margin of the right-of-way
T fi:YpS of said road along a curve with a radius of 1,886.62 feet, a
s. distance of 386.74 feet to an iron control corner, corner with i
Wilbert Atwater, thence along and with Wilbert Atwater's line 4{
-Srt South 5 degrees 17 minutes 48 seconds West 387.04 feet, thence ,
1' South 83 degrees 12 minutes 27 seconds East 469.01 feet to corner
"} with Charles Bogle, thence along and with his line North 5 degrees,
' ? 30 minutes West 464.82 feet to the point or place of BEGINNING,
i:z containing 4.08 acres, more or less, according to survey of
�' "Property of Thomas S. Lawton" prepared by Dale D. Faulkner,
R.L.S, , prepared July 10, 1978 and recorded in Plat Book
Pages of the Orange County Registry.
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JOE D. TITSWORTH and wife, HELEN C. TITSWORTH
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1. .A NOTARY PUBLIC OF SAID COUNTY.DO M[R(BY CERTIFY THAT
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GRANTOR.PERSONALLY APPEARED B[►ORE ME THIS DAY AND ACKNOWLEDGED THE OUR EXILCUTION OF TNt FOREGOING
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•}� MY COMMISSION[IIFIRtBs tGEALt
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STATE OF NORTH CAROLINA--CWMTr or OBo0pp0OL UrBn$e
THE FOREGOING C[RT/n Q cATEt or Rebecca L. M1 shell
A NOTARY WXXfWX0M PUBLIC OF INC DESIGNATED GOVERNMENT Y ITS to XIS/C[RTIII[D 70 B[CORRECT. I
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AND DULY RECORDED IN TM[OF/IC[OF TN[REstsT[R or DEEDS I CO IT IN BOOK OrAmcwlmo. 288 PAG( 33
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REGISTER OF Dt[DG Br4 AtRJMPYw_
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Thomas Lawton
2616 Old Greensboro Rd t
Chapel Hill, NC 27516 '
Data shown on this map is obtained from Orange County
4. GIs and is for reference only.
U. ' Exact locations and boundaries should be verified.
Map prepared by Orange County Planning&Inspections.
Z 18/09/2016-mharvey
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1 inch=76.021 feet
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Attachment 3
I hereby certify Nat Me wbdhf l of lend shown and de .d hereon
Is not a wbdNW.of land wb)eat to Me Orange County S✓bdlVislon
Regulotiana.The 0-9e Cwnty Planning Department has mode no / rSj
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w anY awtlfi-fb heroon,ofh«Mon what k certIll in this aertiRmNon. AO
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KEENS GwtDD.3s') _ (ZONED EC5) 6 y
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———_�—— VICINITY MAP NOT To SCALE
—— L.2 88. e 1 4•E I HEREBY CER77FY THAT THIS PUT IS OF THE FOLLOWING TYPE:
FH CHORD-N82' 91 0 CS.47-30(i)(11)(a)(f). This canny M of an alstNg pwaM
"1"EIP RA0=i 86 NEW EC-5 AREA w pwo,Ie of lord and does not Great,anew street w
S8117'S2"W ARC-2 .99' I z change an-I ting street.
4EW C
1'EIP 5D.G7 PE GUY RE 177,912 SF —AND—
NiRE _ /1 POND I,ALOIS CALLEMYN,PLS N0.2544,CERTIFY THAT THIS
PP MAP WAS DRAWN FROM AN ACTUAL SURVEY MADE UNDER
A VET. ORIGINAL EC5= MY SUPERVISION,THAT THE DEED DESCRIP77OR(S)AND PLAT(S)
1.43 AC16ZJ66 SF FOR THIS PROPERTY IS(ARE)LISTED HEREON,THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DASHED
LINE(S)DRAWN FROM INFORMATION LISTED UNDER REFERENCES
1 I> \ 0 THAT THE RATIO OF PRECISION AS
p CALCULATED IS 1:10000 OR
4.08 AC GREATER,THAT 7HIS MAP rQ q,F��ML1�AM��r4
WAS PREPARED IN 2;•'1e'"""l'••.;y��
e� ACCORDANCE Ni1H
THCMA S LAWTON 177, 12 SF / o �� G.S.47-30 AS AMENDED. = SEAL
9756 az-4096 o GRASS WITNESS MY ORIGINAL L—'2544 j
DB e8/Js �T�, SIGNATURE REGITATON -
.29114 1 NUMBER AND SEAL ms '9 ���
ZONED EC5 / \ ASS \ 1 DAY OF APRIL
50, 4.08 AC � I z01o19. o
177,912 SF
GRASS � I .Gif/� ��
EARL ALSTON II PROFESSIONAL LAND SURVEYOR L25
9756-41-2850
DB 1892-453 I I rn NONE'A'
SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED
OR CONSIDERED DURING THIS SURVEY.ALL BUILDINGS DRIVEWAYS
g SIDEWALKS,FENCES,LANDSCAPING SURFACE&SUBSURFACE
CHAT LINK FENCE IMPROVEMENTS OVERHEAD&UNDERGROUND UT1UTES ON AND/OR
V ADJACENT TO IHE SITE ARE NOT NECESSARILY SHOWN HEREON,
fYt m NO STATEMENT IS MADE CONCERNING THE EXISTENCE OF
UNDERGROUND CONTAINERS WHICH MAY AFFECT THE USE OF THIS
TRACT.
W NOTE B'
IIC�I L THE LOCATION OF UNDERGROUND URURES IF SHOWN ARE BASED
L 4� I ON VISIBLE EVIDENCE AND/OP DRAWINGS PROVIDED TO THE
(\/ SURVEYOR.LOCATION OF U TILITIES UNDERGROUND U AND STRUCTURES
L J 1.T I GRAVEL I SELF STGRAG MAY VARY FROM LOCATIONS SHOWN HEREON,AND A-VONAL
N BUILDING / \ BURIED UTILITIES MAY MST. CONTACT THE APPROPRIATE UTILITY
O COMPANIES FOR
BUILDIN "B' INFORMAT70N REGARDING BURIED UTILITIES
NOTE T'
H� PONDS THIS SURVEY WAS DONE MTHOUT A TITLE SEARCH AND IS BASED
y OV ftETERENCEO INFORMATION. THERE MAY EXIST OTHER
y I / DOCUMENTS OF RECORD WHICH CORD AFFECT THIS PROPERTY.
[•�] NOTE b'
EXCEPT AS SPECIFICALLY STATED OR SHOWN,THIS SURVEY DOES
HOT REPORT ANY OF THE FOLLOWNG EASEMENTS OTHER THAN
ICI SCE/ Vl0 VISIBLE WRING FIELD EXAMINATION•BUILDING SETBA=
\./ J RESIRICIIYE CO4ENANTS ZONING OR LAND USE REGULATIONS AND
SOUNOA% SEPTIC® BLDG.'A" ANY FACTS WHICH A TI71E SEARCH MAY DISCLOSE.
is WELL V EC 5 ZO p0 IS) TANK WETLANDS-VICTIONAL WATERS STREAMS ORMNS PONDS OR
6 SEO DN OTHER DERAL,STATE
OR LOCAL AIGENq WERE NOT INVESTIGATED DURINRONS WCH AY BE REGULATED BY G MIS SURVEY
AND MAY NOT BE SHOWN. RIPARIAN BUFFERS AND OTHER
dIY 0 RESTRICTIONS ON OEVELOPMEHT MAY BE REWIRED.
HIRE
NOTE F
LP T K FLOOD .OR BASE FLOOD ELEVA TIQVS WERE NOT INVESTCAIED
DURING THIS SURVEY.
SS DUNE POINEAU NOTE'G'
9758-42-8104 THE ABOVE SERVICES REGARDING NOTES"A"—Y'WERE NOT
WOOD SHOP POND DB 9341498 REQUESTED BY ME WENT.
NOTE R"
BUILDING 1. ALL DISTANCES ARE HORIZONTAL GROUND,EXCEPT THOSE SHOWN
AS CRIO AND AREA IS BY COORDINATE COMPUTATIONS.N.C.GRID
COORDINATES AND ELEVATIONS SHOWN ON THIS PUT DETERMINED
BY AN ACTUAL GPS—RTN/VRS SURVEY FIELD PROCEDURES THE
L 5//Eb COMBINED GRID FACTOR IS 0.99995%.ALL COORDINATES SHOWN
ARE LOCALIZED GRID.
_CH N LI FEN N89 '33'W W00D FENCE 469.01'TOT NOTE f 366.66' .625 EXCEPT
AS LABELED COPPER COATED�RO ALL D.
SHOWN AS SET ARE
102.35'
VANESSA ALSTON NOTE'K'
9758-41-6824 SEE REFERENCED PLAT'THOMAS S LA~,,BY DALE D.
DB 2209/253 °Zoning Exhibit A." FAULKNER,PLS DATED OILY 14 1978 AND RECORDED IN
SCALE 1" 40' pg
PB 50/182 State of NC A'.
CwntY of Orange
=
40 D 40 80 PROPERTY SURVEYED FOR R.Aew oMw of
9e —tW W-.dtM.m11M-t taw.B ALOIS CALLEMYN
S TA N LAWTON nW a rt1W atlas a arn..a mete all e.h.r. 11,Hnt.
ar r.eorEk9 r«wnWn tn.R.A.oMa.r na...�yan.lbmty
°'proN°e°by 1. PROFESSIONAL LAND SURVEYOR
—0— IRON PIN SET WWW.ALOISCALLEAfMPLS.COM
—0— NAIL OR SPIKE SET BINGHAM TWP., ORANGE CO., NORTH CAROLINA
— p®— EXISTING CORNER amd Rec.re./as
—0 CONC MONUMENT SET FIELD WORK PERFORMED JULY, 2017 y Lm
—■— ExnsDNG CCNC.MON PROPERTY AS DESCRIBED IN DEED BOOK 288 PAGE 33 oat.ar c«maanan: 3500 JUSTAMERE FARM ROAD
—0— MATHEMA77CAL POINT STANDING IN THE NAME OF SSTTANN�LAWTADDREON HILLSBOROUGK NC 27278
THOMAS S. LAWTON 2616 OLD GREENSBORO RD. 91 9-730-5 74 01919-732-335 4
CHAPEL HILL,NC 27516 EMAIL* ALOISOCALLEMYN.COM
DRAFT 20
EXCERPT MEETING MINUTES
ORANGE COUNTY PLANNING BOARD
MAY 1,2019
REGULAR MEETING
MEMBERS PRESENT: David Blankfard (Vice-Chair), Hillsborough Township Representative; Hunter Spitzer,At-Large;
Jessica Aguilar; At-Large; Hathaway Pendergrass, At-Large; Susan Hunter, Chapel Hill Township Representative;
Adam Beeman, Cedar Grove Township Representative; Patricia Roberts, Cheeks Township Representative; Randy
Marshall, Bingham Township Representative; Melissa Poole, Little River Township Representative; Kim Piracci, Eno
Township Representative;
MEMBERS ABSENT: Carrie Fletcher, Bingham Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill
Township Representative;
STAFF PRESENT: Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor; Pat
Mallett, Planner II; Tina Love,Administrative Assistant III
OTHERS PRESENT: Tim Smith, Summit Engineering; Stan Lawton; Property Owner; Jim Parker, Owner-Developer;
Mark O'Neal, Pickett-Sprouse; Cyrus Griswold, Linda Nathansen, Jim & Donna Ray, Zelda Lockhart; Alois & Kim
Callemyn
AGENDA ITEM 7: ZONING ATLAS AMENDMENT(GENERAL USE REZONING)—To review and make a recommendation on
an owner initiated application seeking to rezone 4.08 acres of property (PIN 9758-42-4098) located in Bingham
Township on the south side of Old Greensboro Road from Rural Buffer (RB) (2.65 acres) and Existing Commercial
(EC-5) (1.43 acres) to Existing Commercial (EC-5) (4.08 acres). The purpose of the rezoning is to resolve a split
zoning by applying one zoning district to the entire parcel on which an existing commercial use is located.
PRESENTER: Patrick Mallett, Planner II
Patrick Mallett: Welcome new members;welcome old members. I am the staff person that will be presenting items 7
and 8 tonight. The first one is a general use zoning case. In your packet, you've got an abstract which starts on
page 11 of your packet. It goes through some of the basic information and includes five attachments; the application,
map of the subject parcel, the zoning exhibit showing any existing conditions of the property, the Statement of
Consistency, and then the ordinance amending and the zoning atlas with the zoning map. As I said, this is a General
Use Rezoning request. The property owner is Mr. Stan Lawton who is here with Alois Callemyn a surveyor and his
wife, Kim. The subject property is Lawton Storage. As you can see from this photo, the issue at hand is that the
commercial zoning goes right through the existing building, and the building has been operating as a storage facility
since 1977. What the applicant is seeking to do is to take the 2.65 acres of Rural Buffer zoning and rezone the entire
parcel as Existing Commercial (EC-5). It's all within the University Lake Watershed and would all remain within that
watershed. So, 4.08 the existing parcel size is proposed to be rezoned to existing commercial. The summary is that
most of you were not on the Planning Board at the time, but in 2016 the Board of Commissioners directed staff to
take a comprehensive look at not just this township and others and evaluate look at properties that had zoning
issues, namely split zoning. This was one of those cases. At that time, Mr. Lawton wanted to stop and consider his
long-term goals and figure out what he wanted to do regarding the implications for the property and the business he's
been operating since 1977. So, we pulled his case out of that stack. Since that time, he's decided to proceed with
what the staff was recommending in 2016 which was to rezone the entire existing parcel to EC-5. Zoning in Orange
County rotated around various Townships and Bingham zoned for the first time in 1981. His storage business, the
proceeding woodworking, and truss operation well preceded the original zoning in this township. The policy at that
time was quite literal, and I think it was a common practice to draw a line around a building that was non-residential
use and leave the remainder to a residential zoning category. That's created a number of issues namely conformity,
the ability to meet the landscape requirements, and a series of other things. Our recommendation is that you review
the amendment, deliberate on the petition, consider the director's recommendations and then make a
recommendation for the Board of Commissioners for their June 4th meeting.
DRAFT 21
Alois Callemyn: My name is Alois Callemyn, I've been doing this for a little while. I wanted you to meet Stan; he
zoned this property. I get to see a lot of different parts of the County and this is one of the most scenic lots I've ever
surveyed.
Stan Lawton: I'd like to get it straightened out. I've put a lot into it over the years. Everything is a mess the way it is.
Just in general, it would be a good idea.
Alois Callemyn: If you have any questions,we'll be glad to answer.
Patricia Roberts: How much impervious surface has been used of the percentage allowed?
Patrick Mallett: Mr. Lawton has got a fair amount of impervious surface, but most of that was probably built with the
original facility back in the 70's and 80's.
Patricia Roberts: Does he have enough to build anymore?
Patrick Mallett: Probably not. The short answer is what you see is probably the maximum.
Patricia Roberts: So basically, he's not going to be able to add more storage buildings without coming up with a
different plan.
Patrick Mallett: Not without utilizing what's already there, a repurposing of the site.
Randy Marshall: My previous recollection was that there's a lot of restrictions on the rural buffer, and I didn't see that
addressed in any of my materials. You're taking something from the rural buffer and putting it into commercial even if
it's existing commercial. Is there any concerns there that would need to be addressed?
Patrick Mallett: Normally, there would be concerns. However, given the fact that the date of this non-residential use
well predates the original zoning and Rural Buffer. It does solve the split zoning issue. When we did the cases in
2016, there were three other cases that were resolving split zoning in the Rural Buffer. While not common, this is
probably a good example of one of the rare exceptions.
Randy Marshall: So Chapel Hill and Carrboro wouldn't jump up and down when they found Orange County took
some rural buffer land and put it in commercial.
Patrick Mallett: We sent a courtesy review per the Joint Planning Agreement.
Hunter Spitzer: Have either Carrboro or Chapel Hill responded to the date?
Patrick Mallett: Nothing.
Hunter Spitzer:Are you concerned that haven't responded?
Patrick Mallett: They acknowledged they got it and that they would respond if they had any issues and no comment
or response yet. Maybe I'm reading between the lines here but given the fact that it's an existing use, it's a known
use and the nature of the time frame and the history of the property.
Hunter Spitzer: By expanding the entire lot to EC-5, what does that change about what can be done with the
property?
Patrick Mallett: In the zoning world, you have typically three types of nonconformities. There are nonconforming lots.
This is not a nonconforming lot. You have nonconforming uses. We currently have nonconforming uses that would
not otherwise be allowed in the table of permitted uses in the Rural Buffer portion of the property. Then you have
nonconforming structures. The original wood working shop is a nonconforming structure because it lies is within
DRAFT 22
what would otherwise be a landscape buffer. This rezoning would solve at least the nonconforming use. This was a
nonresidential use that was probably dating back to the early 60s that was never captured.
Hunter Spitzer: When you say it's a nonconforming structure,what do you mean by that?
Patrick Mallett: Along here, you're required a 30-foot landscape buffer. Along this edge and along this edge you're
required a 100-foot buffer and a 30-foot buffer along this private road here. This would be in the buffer here. So that
would still be a nonconforming structure. You can't really expand that structure in the landscape buffer.
Hunter Spitzer: I understand.
MOTION by Randy Marshall to recommend from the Planning Board that the County Commissioners consider
adoption of the proposed zoning atlas amendment. Patricia Roberts seconded.
Patrick Mallett: I do want to point out one minor thing. This represents the zoning on his lot, the existing commercial
zoning and then theoretically, if it changed, the zoning goes to the centerline of the road. It would be customary for
the County to also rezone to the centerline of the road.
Randy Marshall: Do I need to say that we want to rezone the entire 4.08-acre parcel to EC-5?
Patrick Mallett: Yes.
Randy Marshall: I change my motion to include that.
Patricia Roberts: Seconded.
Hathaway Pendergrass: I abstain from voting as I have had previous professional dealings with the owner.
Craig Benedict:As part of a teaching moment,we're not going to labor tonight, but for something like what is an EC-5
and why it is a more unique designation than our other commercial zoning designations, we'll put a little white paper
together. We'll give you an explanation of existing commercial designations possibly in Rural Buffer, land uses and
how that occurs, and how EC-5 occurred in other parts of the County. It is a nuance to our land use and zoning
code.
David Blankfard:As a point of reference, it is true that if you abstain that's a vote for?
Craig Benedict:Yes, that is true.
Patrick Mallett: Technically speaking, I think you probably should make a motion that you are acting on Attachments
4 and 5,the statement of consistency and the actual ordinance.
David Blankfard: Moved.
Randy Marshall: Seconded.
MOTION by David Blankfard to agree with the Statement of Consistency (Attachment 4) and recommend to the
County Commissioners to consider adoption of the proposed zoning atlas amendment (Attachment 5) to rezone the
entire 4.08-acre parcel to EC-5. Randy Marshall seconded.
VOTE: Unanimous. (Hathaway recused himself due to previous professional relationship)
23
PLANNING BOARD STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An owner initiated amendment to the Zoning Atlas to rezone 4.08 acres consisting of Rural
Buffer (RB) and Existing Commercial (EC-5) to all Existing Commercial (EC-5).
The following parcel is affected by this proposal:
Parcel Township I Owner on Record Current Proposed Zoning
Identification Zoning District
Number PIN i District
9758-42-4098 Bingham Thomas Lawton RB Rezone entire 4.08
(2.65 acres) acre parcel to EC-5
and
EC-5
(1.43 acres)
Note: No modifications are being proposed to the boundaries of the University Lake Protected
Watershed Overlay District, which will continue to apply to the property.
The Planning Board 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.
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.
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.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider ad ption of the proposed Zoning Atlas amendments.
David Blankfard, Vi a-Chair Date
24
Attachment 6
BOCC STATEMENT OF CONSISTENCY
OF PROPOSED ZONING ATLAS AMENDMENTS WITH THE 2030 COMPREHENSIVE
PLAN AND/OR OTHER ADOPTED COUNTY PLANS
An owner initiated amendment to the Zoning Atlas to rezone 4.08 acres consisting of Rural
Buffer (RB) and Existing Commercial (EC-5) to all Existing Commercial (EC-5).
The following parcel is affected by this proposal:
Parcel Township Owner on Record Current Proposed Zoning
Identification Zoning District
Number (PIN) District
9758-42-4098 Bingham Thomas Lawton RB Rezone entire 4.08
(2.65 acres) acre parcel to EC-5
and
EC-5
(1.43 acres)
Note: No modifications are being proposed to the boundaries of the University Lake Protected
Watershed Overlay District, which will continue to apply to the property.
The rezoning will allow for the elimination of split zoned property. The parcel, further identified
utilizing Orange County Parcel Identification Number (PIN) 9758-42-4098, is located along Old
Greensboro Road (SR 1005) approximately 500 feet east of the Ferguson Road Solid Waste
Recycling Center and is hereafter referred to as `the property'.
The BOCC 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.
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.
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.
25
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Penny Rich, Chair Date
Attachment 7 26
Ordinance#:
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:
Parcel Township Owner on Record Current Proposed Zoning
Identification Zoning District
Number (PIN) District
9758-42-4098 Bingham Thomas Lawton RB EC-5
(2.65 acres)
and (Rezone entire 2.65
EC-5 acres of RB to EC-5)
(1.43 acres)
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 LIDO have been deemed complete, 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 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
, 2019.
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 , 2019 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 2019.
SEAL
Clerk to the Board of Commissioners
1
27
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1 r r► 40
OL-D GREENSBORO
97584 281
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A" University Laki .�
Protected I. _--
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9758424098
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,, pp
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PI N 9758-42-4098
Thomas Lawton
2616 Old Greensboro Rd t
Chapel Hill, NC 27516 '
Data shown on this map is obtained from Orange County
4. GIs and is for reference only.
U. ' Exact locations and boundaries should be verified.
Map prepared by Orange County Planning&Inspections.
Z 18/09/2016-mharvey
dw
m,
0 Parcels N
OZoning s
®Watershed
1 inch=76.021 feet
0 10 20
Feet