HomeMy WebLinkAboutAgenda 09-03-19 Item 5-a - Zoning Atlas Amendment for 6405 West Ten Road (PIN 9834-25-2573) – Rezone a 16.45 Acre Parcel of Property to General Commercial (GC-4) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 3, 2019
Action Agenda
Item No. 5-a
SUBJECT: Zoning Atlas Amendment for 6405 West Ten Road (PIN 9834-25-2573) — Rezone a
16.45 Acre Parcel of Property to General Commercial (GC-4)
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 Tyler Sliger, Planning Tech, (919) 245-2598
Michael D. Harvey, Planner III, (919) 245-2597
3. Site Assessment Craig Benedict, Director, (919) 245-2575
4. Excerpt of Draft Planning Board Minutes
from August 7, 2019 Meeting
5. Planning Board Signed Statement of
Consistency
6. Public Notice Certification
7. BOCC Statement of Consistency
8. Ordinance Amending Zoning Atlas
PURPOSE: To hold a public hearing and consider action on a property owner initiated
amendment to the Zoning Atlas for a parcel of property within the Cheeks Township. Specifically,
the applicant is requesting to rezone a 16.45 acre, split zoned, parcel of property:
From: Rural Residential (R-1) (14.57 acres); and Neighborhood Commercial (NC-2)
(1.88 acres)
To: General Commercial (GC-4) (16.45 acres)
BACKGROUND: This 16.45 acre parcel was originally "split-zoned" Neighborhood Commercial
(NC-2) and Rural Residential (R-1) when zoning for Cheeks Township was established in 1984.
The property has had a Commercial-Industrial Transition Activity Node (CITAN) land use
designation since 1984 as well. Future rezonings to non-residential zoning were anticipated to be
consistent with the CITAN land use. As was common practice at that time, staff identified non-
residential zoning district boundaries in a manner that encompassed only the actual land use
(e.g., buildings) while excluding other areas, most notably parking, septic fields and/or required
land use buffers, which created a split zoning.
This parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9834-25-
2573, is 16.45 acres in area and is split zoned with approximately 14.57 acres zoned Rural
Residential (R-1) and 1.88 acres zoned Neighborhood Commercial (NC-2). The NC-2 zoned
portion of property contains a pole barn and a non-residential structure. Both of these structures
are utilized to support contracting, storage, landscaping, and agricultural uses. The R-1 zoned
2
portion of the property contains an older farm-related storage structure previously used to support
agricultural uses on the property.
For more information on current conditions, please refer to the Site Assessment Map contained
within Attachment 3.
In 2016, staff initiated a review of 23 properties throughout the Cheeks Township that were either:
• Split zoned (i.e. residential and non-residential zoning designations);
• Zoned non-residential where there was no corresponding non-residential land use; or
• Contained zoning boundaries did not allow for the logical use of property.
Seventeen of these properties were subsequently rezoned to address these conflicts. This
property was identified, but not acted upon at the request of the owner to allow for additional
review of potential impacts. The owner has since submitted the required zoning atlas amendment
application seeking to proceed with a rezoning of the entire 16.45 acre property to General
Commercial (GC-4).
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. Doby, the property and business owner, submitted the
required materials on July 3, 2019. Staff determined the application to be complete
on July 8, 2019.
• SECOND ACTION — The Planning Board receives the application and staff prepares
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 August 7, 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 September 3, 2019 regular meeting.
Site specific information on the property, and request, is as follows:
Township PIN: Owner: Existing Zoning: Requested Zoning:
Cheeks 9834-25-2573 Clarence Wayne Doby Neighborhood Consolidate the zoning of
6405 West Ten Road Commercial (NC-2) all 16.45 acres to General
Mebane, NC 27302 (1.88 acres); Commercial (GC-4);
And And
Rural Residential (R-1) Major Transportation
(14.57 acres); Corridor(MTC) Overlay
And District to remain
Major Transportation unchanged
Corridor(MTC) Overlay
District
NOTE: property is not located within a Watershed Protection Overlay district.
For more information on the request, please refer to Attachment 1. As previously indicated, maps
denoting the subject property are contained within Attachments 2 and 3.
3
Other pertinent information concerning the property is as follows:
• Future Land Use Map (FLUM) Designation: The property is located within an area of the
County designated as Commercial-Industrial Transition Activity Node (CITAN). The FLUM
can be accessed utilizing the following link:
http://www.orangecountync.gov/DocumentCenter/View/4054/Future-Land-Use-Map-PDF
• Comprehensive Plan: Per Appendix F, "Relationships Between Land Use Categories and
Zoning Districts Matrix" of the adopted Orange County Comprehensive Plan, GC-4 is an
allowable general use zoning category for property located within a CITAN. For more
information on the definition of CITAN, and to review the allowed zoning designations
permitted within same, the Comprehensive Plan can be accessed utilizing the following
link: http://www.orangecountync.gov/1242/2030-Comprehensive-Plan.
• Growth Management System Map Designation: The property is Urban Designated.
STAFF COMMENT: The Growth Management System Map is a tool utilized by staff
to identify permit review thresholds for residential (i.e., subdivision) projects.
• Water and Sewer Management, Planning and Boundary Agreement (WASMPBA):
Property is located within the Orange County Primary Service Area meaning public utilities
(i.e. water and sewer) could be extended to the property. Public utility service would be
provided by the City of Mebane, who will likely require voluntary annexation to allow
services to be extended to serve a proposed land use. The document can be accessed
utilizing the following link:
http://www.orangecountync.gov/DocumentCenter/View/4190/Water-and-Sewer-
Management-Planning-and-Boundary-Agreement-PDF
• Transportation: Per the adopted Efland Buckhorn Mebane Access Management Plan,
West Ten Road (west of Buckhorn Road and east of Bowman Road) is recommended to
have 2-lanes of traffic with a 2-way left turn lane contained within a minimum of 80 feet of
right-of-way. The Plan also calls for the development of either a 5-foot wide paved
shoulder or curb/gutter with a bike lane and sidewalk. Development of the revised roadway
is intended to be achieved through the State Transportation Improvement Program (STIP).
At the time of development site plan submittal for the property, the potential for additional
right-of-way and/or road improvements will be determined.
The Plan can be accessed utilizing the following link:
http://www.orangecountync.gov/DocumentCenter/View/6967/2019-E-B-M-AMP?bidld.
Public Notifications: In accordance with Section 2.8 of the Unified Development Ordinance (UDO),
the following notifications occurred:
August 7, 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 July 11, 2019. A sign advertising the date, time, location,
and purpose of the meeting was posted on the property on July 11, 2019.
September 3, 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
August 19, 2019. A sign denoting the date, time, location, and purpose of the public
hearing was posted on the property on August 19, 2019.
4
Legal ads advertising the date, time, location, and purpose of the BOCC public hearing
were run in the News of Orange and the Durham Herald Sun on August 21, 2019 and
again on August 28, 2019.
Refer to Attachment 6 regarding certifications.
Courtesy Review: This request was submitted to the City of Mebane, which theoretically could
serve the property with utility and urban services and accept a voluntary annexation petition by the
owner, on July 15, 2019 as part of the courtesy review program. The City has issued no
comments regarding the request other than it could theoretically be served by their public utility
services.
Planning Director's Recommendation: As required under Section 2.8.5 of the Unified
Development Ordinance (UDO) the Planning Director shall: `... cause an analysis to be made of
the application and, based upon that analysis, prepare a recommendation for consideration'.
The Director has determined the proposed atlas amendment addresses potential non-conformities
associated with the current split zoning of the property and that the requested GC-4 zoning
designation is consistent with the goals and policies of the adopted Comprehensive Plan,
consistent with property's location within the CITAN. As a result, the Director recommends
approval of the Statement of Consistency, indicating the amendments are reasonable and in the
public interest, contained in Attachment 7 and the proposed zoning atlas amendment ordinance
contained in Attachment 8.
It should be noted further development/redevelopment of the property will require
submittal/approval of a site plan demonstrating compliance with applicable development
standards (i.e. parking, setbacks, impervious surface, stormwater, landscaping/buffering, etc.) as
detailed within the UDO. Approval of this request does not exempt the applicant from complying
with these standards.
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:
5
i. The Statement of Consistency, as contained in Attachment 7, 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
8.
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 were
paid by the applicant. Existing Planning staff included in the Departmental staffing budget will
accomplish the work required to process the amendment.
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.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
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 7); and
5. Approve the Ordinance amending the Zoning Atlas (Attachment 8) as recommended by the
Planning Board and Planning Director.
ATTACHMENT 1 6
c4ti'gt �arr4
Orange County Planning and inspections Department
APPLICATION FOR
ZONING ATLAS AMENDMENT
xlo,r¢ �axn���e { �. GENERAL USE REZONING.REQUEST
APPLICANT INFORMATION I
Date: 9-3-I'q
Applicant: L.tj�, .,np. (DA" Phone: 3 3[v—2(aC7 Zy[3
Address: bqO5 Cell Phone: 3;t>to —J 60 a q] 3
4fcLftr_, NL 6273b Z E-mail: 1 Pic c am— W I- j�5,S(r.£wp r CID A),,
PROPERTY SUBJECT TO REQUEST:
Parcel Identification Number(PIN): 4 !R 34—7- Z 6 7 3
Address of property: "S-p r840 V_ Owner of property: [tryA
Current Zoning Designation; S/)�: �- /V4 .2 Requested Zoning Designation: ��
**If Applicant/Owner are different people,include a signed,notarized,statement indicating that the owner has authorized the
applicant to submit the request. In cases where there are multiple property owners, please attach an additional document
containing their signatures authorizing the submission of the application or other legal documentation establishing the
applicants right to file on their behalf.**
SUBMITTAL INFORMATION-Section 2.8.3 of the Unified Development Ordinance(UDO)
1) A Map,at a legible scale,showing the property(s)subject to the request. A map may be procured at the Planning Department for a
fee in accordance with the adopted Orange County Fee Schedule
2) A legal description of the property(s)proposed for rezoning
3) A list showing the names and addresses of all adjacent property owners within 500'feet of the subject property.
4) A detailed narrative denoting the following:
a. The alleged error in the Zoning Atlas(if any)that will be corrected by the proposed request.
b. The changed,or changing,conditions(if any)that makes the proposed amendment reasonable necessary to promote the
public health,safety,and general welfare.
c. How the proposed amendment is consistent with,or carries out the intent and purpose of,the Orange County Comprehensive
Plan,
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 UDO:
a. An elevation certificate with either an MT-1,MT-2,or MT-EZ(fonns available through FEMA)or
b. A`No-impact'analysis for a letter of map revision
G)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 i guars tee an approval of the proposed atlas amendment by the County.
9_2 JI
A ' nt Date:
Applicant Date:
die} - 25' Q Jaet [te74t�s1
F"!4 _* 31 0 80. 00 �-eu;ec�L ((e;&. kcc
7
Application Item 4 Doby Rezoning Request - Narrative
A)
The proposed request creates a single zoning district for the parcel. The parcel is
currently split zoned residential and neighborhood commercial. The proposed rezoning
to G-4 provides a uniform zoning classification consistent with the property boundaries
which promotes use for the property consistent with the Orange County long-range
plans.
B)
No zoning conditions or development conditions are proposed with this request for
zoning amendment. The proposed zoning is G - 4 with uses and conditions associated
with that zoning district per the table of permitted used as listed in the Orange County
Development Ordinance. The proposed zoning creates a transition from residential to
industrial districts and creates the desired harmony in zoning transitions according to
the Orange County long-range plans.
C)
The proposed zoning amendment is consistent with the Orange County Comprehensive
Plan, other zoning designations in the area of the subject property, and desired
economic Development elements of the Orange County 2030 plan.
. BOOK1950 5rf 197 8
07/01/1999
CRUGE COUNTY
i
$130.00 l"1 LED
srn �nTH 01 JUL 19'R'3r at 09: 15.G5am
NOR'I iA � � cal Estate
Excise Tax Book 1950, Page 19'7
`TOyce H. Pearson
Reg t ster of 17E'eds r
Orange C-otint,, N. C.
Excise)Tax $130.00 RecortOng Time,Book''and Page
Tax Lot No. . ..--3; ... $.'.'..?...... .. Parcel Identifier No.
Verified by .... . ....... ....... .... ...... County on the day of .. �....., 18...... ....
--... .........
Mail after recording to DAMS & Ili7M$ERTr P:A, P. a. Box.-.366, Niebane,-.NC 27302
This instrument was prepared by to il.liam. H. Humbert (without title examination}
Brief description for the Index
NORTH CAROLINA {GENERAL WARRANTY DEED
THIS DEED made this ... 9th---- day of. .............. .7une. 19 99 .... by and between
GRANTOR GRANTEE
MARVIN 0. DOBY and wife, CLARENCE WAYNE DORY
CORA L. DOBY
6305 West Ten Road 6405 West Ten Road
Mebane, NC 27302 Mebane, NC 27302
Enter In appropriate black for each party; name,address,and, if appropriate, character of entity,e.4• corporation or partnership,
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of NA Cheeks Township,
orange County,North Carolina and more particularly described as follows:
For property description, reference is hereby made to "Exhibit A" attached hereto and being a
part hereof.
Sf
mc.Bar Amee•Form No. L-3�1979,Revised 1977. NCBA 001 =_^.e...��
9
V-1K1950 PAGE198
The property hereinabove described was acquired by Grantor by instrument recorded in DE„Book",158,,,,Page""5Q ,......,,,
Orange County Registry
A map showing the above described property is recorded in Plat Book .............................. page.........................
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances,and that Granter will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
This conveyance is made subject to easements, rights of way and restrictions, if any, of
record pertaining to the property herein described.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and teal,or if corporate,bas caused this instrument to be sinned in Its
corporate name by its duly authorized officers and its seal to be hereuutu &thzed by authority o[ its Board of nirectorl, the day and year first
above written, ljryrr
_------------- '-1 _'ri --�r~n_90--------------------------------------(SEAL)
(corporate Name) MARVIN O. llOBy
O
sy:------------------------------------------------ ---------- y ►r ..tssw
z CORA L. DOBY
-----------'------------ ----- )
........................_lta�dsdt.
ATTEST. Q
-.
a -- - -------- --- - --- ------ - - - -- - (giAL)
---------------------------------------------------------•--- - as
w
_ „11:_� p .___secretary(Corporate Sea]) �
�y�. andV�cf�t ►[I-�`}}}! __________________________________._...___.______(SEAL)
Ile
� NORTH CAaOI.INA, __I_7-1Y5_minC�_____________County.
' `•a �" MARV[N 0. DOBY end Nife, CORAL. DDSY
�� ), a NoiarY Public of the County and State aforesaid, certify that
O
ts; 'jr i Wit'
' personally appeared before me tb.Ig day and acknowledged the execution of the rpreiroing Instrument.wilness my
qA
` 3 _ _ __ _ _ ___
4 �5 5 hand sad efticist stamp or seal,thia�-1 nay of_ �s!L'__
---' - -- -
i,
Ir�3
My commission expires __________�_____ VV _ ___ _ ___ __ Not,ry Pnbae
SEAL-STAMP No CAROLINA-----------------------------------County.
I,a brotary Public of tke County and State aforeratd, certify that ____________________________________-____,
M persenally came before me this day and acknowledged that____he is___________________________ Seeretm7 ON
a ._.____________-. __________________ a North Carolina corporation,and that by aatherNT duly
s:tven and as toe act of the corporation, the roregaing instrument was signed is its name by Its_______________
➢0
Ptestdent,swied wit>z its corporate seat and attested by - as Its_____________________ li toetary.
7
witne"my hand and of[Icial stamp or seal,this -------day of________________ ________,to______.».
NORTH CAROLINA - ORANGE COUNTY
The foregoing certificate of
A Notary(aF-Meterfes)Public of the de ' Hated Governmental units is(are) Mied to be correct. Filed for registration
this the _,1- 5a2� day of 19 at 9 I� 4S o'clock, AM
in Record Book PC" yc Pears egistereed
Return: By: uJ
1]WiW=4Depury
Register of Deeds ` ll
N.C"Bar Assoc.Form No. L-3 0 1976.Revised a 1977 NCBA 001 ~n +
10
BBBY A'750 PAGE 199
"Exhibit A7
Tract#1: BEGINNING at a stake on P.T. Cheeks'line,N. 72 deg.E. 30'W. 20 chs. and
20 lks. on A.W. Lloyd's dine 5 chs. and 80 lks. to an iron stob on Nelson Wright's
corner,S. 72 deg. 30'E.21 chs. and 50 lks.to iron stob 5 chs. and 50 lks. South to the
first station containing 12 acres,more or less. See deed from S.M. Shambley and wife,
to Nelson Wright,dated August 7, 1936,recorded in the Office of the Register of Deeds
of Orange County in Deed Book 104,3041/2.
Tract 42: BEGINNING at the Odd Hillsboro Road at Z. E.Davis corner,thence West
with said Road 23 chs. and 90 lks to a point in said Road on the line of W. S.Crawford,
now Alf Lloyd line;thence with the Crawford line,N. 9'/2 deg.W. 5 chs. and 80 lks.to a
rock;thence S. 75 deg.E. 25 chs.and 50 lks.to pointers in the Davis line;thence with his
line, S. 4 chs. and 5 lks.to the BEGINNING, containing 10 acres,more or less, surveyed
by J. O. Webb,November 11, 1922. See Deed from North Carolina Joint Stock Land
Bank of Durham to J.N. Wright and wife,Maggie Lee Wright, dated February 16, 1932,
and recorded in the Office of the Register of Deeds of Orange County in Deed Book 98,
Page 145. See Deed Book 156,Page 401.
SAVE AND EXCEPT from the property hereinbefore described are the following tracts
or parcels of land,to wit:
(1) One acre conveyed from Marvin Doby and wife, Cora L. Doby,to Michael Lee
Blalock and wife,Janice D. Blalock,by deed dated March 14, 1975 and recorded
in Book 254 at Pg. 1360;
(2) A 0.14 acre tract conveyed from Marvin O. Doby and wife,Cora L. Doby,to
Michael Lee Blalock and Janice D. Blalock,by deed dated June 11, 1993 and
recorded in Book 1119 at Pg. 279;
(3) A 1.05 acre tract conveyed from Marvin O. Doby and wife,Cora L. Doby,to
Clarence Wayne Doby and wife, Sheila N. Doby,by deed dated June 17, 1975 and
recorded in Book 256 at Pg. 738;
(4) A 1.00 acre tract conveyed from Marvin O. Doby and Cora L. Doby to Janice D.
Blalock by deed dated August 19, 1993 and recorded in Book 1147 at Pg. 81;and
(5) A 1.15 acre tract(total) 1.00 acres excluding RIW,shown with particularity on
"Final Plat-Subdivision Of Property For Marvin O. Doby and wife, Cora L.
Doby",which said plat is recorded in Plat Book F3 at Page [.,5_in the
Orange County Registry, and to which recorded plat reference is hereby made for
a more complete description. Grantor herein retains said 1.15 acre tract and does
not convey it by this deed.
Orange County 11
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July 10, 2019 This map contains parcels prepared forthe inventory of real property within Orange County,and is compiled from recorded deed, plats,and other public records and data.
Users of this map are hereby notified thatthe aforementioned public primary information sources should be consulted for verification of the information contained on this map.
PIN: 9834252573 The county and its mapping companies assume no legal responsibility for the information on this map.
OWNER 1: DOBY CLARENCE WAYNE SIZE: 16.45 A 1:6,000
OWNER 2: DEED REF: 1950/197 0 0.05 0.1 0.2 mi
ADDRESS 1: 6405 WEST TEN RD RATECODE: 03
ADDRESS 2: TOWNSHIP CHEEKS 0 0.075 0.15 0.3 km
CITY: MEBANE BLDG SQFT:
STATE, ZIP: NC 27302 YEAR BUILT: ORANGE COUNTY
LEGAL DESC: N/S WESTTEN RD SR 1144 NORTH CAROLINA
12
Doby Rezoning
Adjacent Owners within 1,000 feet of PIN 9834-25-2573
OBJECTID OWNERI_I OWN ERI_IADDRESSI CITY STATE ZIPCODE TOWNSHIP NAME
28784 OAKLEY EVELYN LL(6617 BOW MEBANE NC 2.73E+08 CHEEKS
28786 TILLEY VICKIE WR16600 BOW MEBANE NC 27302 CHEEKS
28787 WILSON BOBBY L 6720 W TE MEBANE NC 2.73E+08 CHEEKS
28788 WAGNER LISA C 1703 DIMN HILLSBORC NC 27278 CHEEKS
28789 BROOKS JEFFREY K 1207 LYSAf MEBANE NC 27302 CHEEKS
28790 HILL DONALD JF 2518 NEW CHAPEL HII NC 27514 CHEEKS
28791 LIGHTHOU'CHURCH 6601 BOW MEBANE NC 27302 CHEEKS
28792 HILL KAREN L TF 202 W CRA MEBANE NC 27302 CHEEKS
28793 BYRD FAMI PARTNERSI P 0 BOX 2?BURLINGT(NC 27216 CHEEKS
28796 HUNSICKEF DIANE M 1201 LYSAf MEBANE NC 27302 CHEEKS
28797 WAGNER JOHN D 1916 MOO HILLSBORC NC 27278 CHEEKS
28799 BYRD FAMI PARTNERSI P 0 BOX 2?BURLINGT(NC 27216 CHEEKS
28819 HISKEY JOAN T 6500 WEST MEBANE NC 27302 CHEEKS
28820 TILLEY VICKIE WR16600 BOW MEBANE NC 27302 CHEEKS
28822 HILL KARNE L TF 202 W CRA MEBANE NC 27302 CHEEKS
28823 DOBY CLARENCE 6405 WEST MEBANE NC 27302 CHEEKS
28824 EVANS HAROLD P 318 SUPPE MEBANE NC 27302 CHEEKS
28825 BJLW LLC 719 HERMI BURLINGT(NC 27215 CHEEKS
28840 FLORES NOEL C 737 AUDRE BURLINGT(NC 27217 CHEEKS
28841 CAMACHO JOSE L 6313 HEBR MEBANE NC 27302 CHEEKS
28842 CREWS CARRIE 6408 WEST MEBANE NC 27302 CHEEKS
28843 HATCH LEXIE HRS 6300 WEST MEBANE NC 2.73E+08 CHEEKS
28844 VAUGHAN MILTON G 6219 WEST MEBANE NC 27302 CHEEKS
28845 MITTELSTA RUTHANN 6320 HEBR Mebane NC 27302 CHEEKS
28846 DAVIS DANNY E 6212 HEBR MEBANE NC 27302 CHEEKS
28847 WILSON CHARLCY C 6205 HEBR MEBANE NC 2.73E+08 CHEEKS
28848 DOBY SHIRLEY J 6103 WEST MEBANE NC 27302 CHEEKS
28849 INGRAM JERRY B 6315 WEST MEBANE NC 27302 CHEEKS
28850 GARCIA MANUEL A 6303 WEST MEBANE NC 27302 CHEEKS
28851 DOBY CLARENCE 6405 WEST MEBANE NC 27302 CHEEKS
28852 FLINT CRYSTAL G 6231 WEST MEBANE NC 27302 CHEEKS
28854 BOWMAN ELIZABETH 6334 RABB MEBANE NC 27302 CHEEKS
28855 HPT PSC PFTRUST 24601 CEN WESTLAKE OH 44145 CHEEKS
28929 MITTELSTA RUTHANN 6320 HEBR Mebane NC 27302 CHEEKS
28931 DAVIS TERRY R 4314 LEBAI Efland NC 27243 CHEEKS
28932 DOBY SHIRLEY J 6103 WEST MEBANE NC 27302 CHEEKS
28933 SANCHEZ GABRIEL S 915 BUCKF MEBANE NC 27302 CHEEKS
28934 BOCANEGF JOSE A 513 TERREI HILLSBORC NC 27278 CHEEKS
28935 NOELL LOU JEAN F 3418 HEAT LOUISVILLE KY 40216 CHEEKS
28936 SHARMA BAL K ETAL 301 STRON CARY NC 27513 CHEEKS
28937 SWEPSON LEONA W F 214 WEST'MEBANE NC 27302 CHEEKS
28938 HUGHES DANIEL ALI 1669 JIMM HAW RIVEF NC 27258 CHEEKS
28939 SWEPSON LEONA HRH 214 WEST'MEBANE NC 27302 CHEEKS
28940 WARREN JOSEPHINE 1400 ELEM ALBUQUER NM 87122 CHEEKS
13
28941 ATWATER LONNIE M 703 BUCKF MEBANE NC 27302 CHEEKS
28944 SHARMA BAL K ETAL 301 STRON CARY NC 27513 CHEEKS
28945 FEARRINGI NAOLA FOI PO BOX 20 MEBANE NC 2.73E+08 CHEEKS
28946 MURPHY MAGGIE BE 706 BUCKF MEBANE NC 2.73E+08 CHEEKS
28948 FEARRINGI JOE L 1021 3RD!MEBANE NC 27302 CHEEKS
28949 FOUST PHYLLIS DC P 0 BOX 2S GRAHAM NC 27253 CHEEKS
28950 EVANS WALTER W P 0 BOX 12 EFLAND NC 27302 CHEEKS
28953 NEPALESE 1 301 STRON CARY NC 27513 CHEEKS
29084 ORANGE Cl PARTNERSI 120 W WH ANDERSON SC 29621 CHEEKS
Attachment 2- Vicinity Map
14
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Data shown on this map is obtained from Orange County
G I S and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning&Inspections.
- 07/10/2019-pmallett
Parcels PIN#:9834252573
CLARENCE WAYNE DOBY
Streets
6405 WEST TEN RD
MEBANE, NC 27302
1 inch=1,000 feet
0 260 520
Feet
Site Assessment for PIN: 9834-25-2573 Land Use Buffer: NC-2 zoned property shall abide b 75 ft. land
use buffer when developed adjacent to R-1 zoned property.
Site Data: Additional setbacks and land use buffer may be reuqired based
Zoning: Rural Residential (R-1) ; Neighborhood Commercial (NC- on land use.
2)
Acreage: 14 acres Flood Info:
Overlay Districts: Major Transportation Corridor(MTC)Overlay Community#: 370342
District Panel#: 9834 Suffix#: K
Map Number: 3720983400K
Plat/Legal Description: N/A Effective Date: 11/17/2017
Other: N/A BFE: N/A with Freeboards: N/A
Flood depth at structure: Not applicable
Zoning Requirements:
Max. Density: R-1 zoned portion of property: 1 dwelling unit for Land Disturbance Thresholds:
every 40,000 sq.ft. (0.92 acres)-NC-2 zoned portion: allowable Residential:
density determined at site plan submittal for multi-family 1) Erosion Control Application/Permit required if disturbing more
developments than 20,000 sq.ft.
2)Stormwater Management Application/Permit required if
Min. Lot Size: R-1: 40,000 sq.ft. NC-2: 2,000 sq.ft. (NOTE: disturbing more than 43,560 sq.ft. (an acre)for residential
Minimum lot size determined during development review based structures.
on proposed land use)
Non-residential:
Min. lot width: R-1: 130 ft. NC-2: 20 ft. (NOTE: can vary based 1) Erosion Control Application/Permit required if disturbing more
on proposed land use BUT cannot be lower than 20 ft.) than 20,000 sq.ft.
2)Stormwater Management Application/Permit required if
Maximum height: R-1: 25 ft. NC-2: 35 ft. based on setbacks disturbing more than 21,780 sq.ft. (half an acre)for residential
structures.
Building Setbacks:
Front(and Corner lots)= R-1: 40 ft.from property line/edge of
right-of-way ; NC-2: 50 ft. ***Call OC Erosion Control at(919)245-2586 for more
Side Setbacks= R-1 and NC-2: 20 ft. information.
Rear Yard Setback= R-1 and NC-2L 20 ft
Notes:
FAR: NC-2 zoned property: 0.40 or 17,424 sq.ft. per acre 1)Private Road Justifications,Recorded Declarations,Restrictive Covenants,Bona
Fide Farm status,use and building type(e.g.duplex units)will change subdivision
Max. Impervious Surface: Not in overlay district. and development requirements.
Open Space: NC-2 zoning will require open space based on land 2)Wetlands data is taken from Classification of Wetlands and Deepwater Habitats of
use. Minimum ratio is 0.55 or 23,958 sq.ft. per acre of property. the United States.U.S.Department of the Interior,Fish and Wildlife Service and does
not constitute a formal delineation(i.e.survey)of the property.All wetland areas are
Environmental Features: approximate.
Streams/Water Bodies: There are no streams on the property
SFHA(Floodplain): Property is not encumbered by floodplain 3)Flood boundaries are subject to change based on periodic amendments to flood
Wetlands: Based on available data there are no wetlands on the maps.Determination is based on current,best available,data.
property
Buffers: SFHA: N/A Stream: N/A 4)This does not constitute a formal land survey.
7
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�`�.•�,� wFs 1TEN t. 1 t �.
PIN#:9834252573
CLARENCE WAYNE DOBY R �
6405 WEST TEN RD1 +. �i' Upper Eno
MEBANE, NC 27302 � '`.9 t. Protected
'' , Watershed
Major Transportation C3Zoning N ®<ba4`` °-•,
Corridor Overlay FIRM W ,\ E
—USGS Stream ®Watershed 2
OC Updated Stream S o
EDParcels 1 Inch = 200 feet
Streets
240 120 0 240 Feet
16
DRAFT
Attachment 4
DRAFT EXCERPT MINUTES MEETING
ORANGE COUNTY PLANNING BOARD
AUGUST 7,2019
REGULAR MEETING
MEMBERS PRESENT: David Blankfard (Vice-Chair), Hillsborough Township Representative; Hunter Spitzer,At-Large;
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; Kim Piracci, Eno Township Representative; Melissa Poole, Little River Township Representative;
Carrie Fletcher, Bingham Township Representative;
MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Jessica Aguilar; At-
Large; Hathaway
STAFF PRESENT: Craig Benedict, Planning Director; Patrick Mallett, Planner Il; Tina Love, Administrative Support I;
Tyler Sliger, Planning Tech;
MEMBERS OF THE PUBLIC: Dona McAdoo; Carolyn Poteat; Levorne Miller;
AGENDA ITEM 7: ZONING ATLAS AMENDMENT(GENERAL USE REZONING)- To review and make a recommendation on
an owner initiated application seeking to rezone an approximately 16.45 acre parcel of property (PIN 9834-25-2573)
located in Cheeks Township at 6405 West Ten Road From: Rural Residential (R-1) (14.57 acres) ; Neighborhood
Commercial (NC-2) (1.88 acres) To: General Commercial (GC-4). The purpose of the rezoning is to eliminate the
existing split zoning on the parcel make the entire property viable for non-residential development.
PRESENTER: Patrick Mallett, Planner II
Patrick Mallett: Good evening. I'll be presenting the case. The representatives for the applicant are here and there
are some adjacent property members that are here that probably want to speak in the case. I'm going to walk you
through the packet. This is a general use rezoning request. It has a same format as most cases you see in terms of
the abstract with a series of attachments. We have the abstract which starts on page 7 of your packet and ends on
page 24 of your packet. It has attachments including the application starting on page 11. Maps of the parcel can be
found on page 20, a site assessment on page 21, a statement of consistency which is attachment 4 on page 22, and
then the ordinance amending the atlas on page 24. If you have any questions, I can answer them after the
presentation. I would also like to note that I sent out an email yesterday regarding the property having a major
transportation quarter overlay district in addition to the zoning. They are not proposing to change it or recommended
to change it. The subject property is a little over 16 acres with two pieces of frontage. There is a landscaping
contracting business on one side, with farm fields and a pond. There are several residential properties along the
frontage of West Ten. The existing zoning areas in yellow are residential. The areas to the north of this property is
zoned (ORM) Office and Researching Manufacturing. There is agricultural and residential zoning on the south side
of West Ten and a neighborhood commercial area on this portion of the property. As you saw in the packet, this
case is a split zoning case. The direction from the commissioners is to clean up the split zone pieces of property.
This neighborhood commercial portion has a contracting and landscaping business on a portion of the property. The
applicant, Mr. Doby, lives in this residence here. The site summary is that it is within the Cheeks Township with a pin
number and owner, Wayne Doby. The existing zoning is neighborhood commercial and is approximately 1.71 acres.
The rural residential on one side is 14.54 acres in the watershed and it would be MTC. The request is to consolidate
these two zoning categories into 16.45 acres of General Commercial (GC-4). This is the land-use element of the
comprehensive plan. The plan calls and designates this property as a commercial industrial transition activity node.
The growth management system of the property is zoned as urban designated. In summary, this property like the
other one that you heard in May was part of the batch in 2016 that was split zoned. Mr. Doby like Mr. Lawton, which
you heard back in May, has asked to be taken off this list and had to ask to reinitiate his zoning in order to resolve it.
Staff recommended rezoning this split zoning portion of the property to (GC-4) that is most consistent with the
comprehensive plan and the land-use plan designation. Cheeks Township was originally zoned in 1984 and the non-
residential portion of this property was established at least a year prior to that zoning. The zoning at that time did not
17
DRAFT
capture all of their non-residential use. The planning director recommends that the Planning Board review the
proposed zoning atlas amendment,to deliberate on the petition,to consider the director's recommendation, and then
to make a recommendation to the board of commissioners on the statement of consistency and for a proposed
ordinance for the atlas amendment in time for the September 3rd BOCC meeting. I will answer any questions you
have about the presentation or the packet and then turn it over to the applicants.
David Blankfard: I think we're good.
Chad Huffine: Good evening; my name is Chad and I am a civil engineer with the project, with 505 E. Davis St. in
Burlington. We were contacted by Mr. Doby to look at the potential uses for his property and immediately noticed the
split zoning on his property. After several conversations with staff, and taking recommendations, we submitted a
rezoning application for the (GC-4), which is consistent with the land-use plan you have currently. I do want to
reiterate one thing that Pat said, we do not propose any changes to the transportation overlay. We do not have any
conditions associated with this rezoning request and we would appreciate your favorable consideration. If you have
any questions please feel free to contact me.
Hunter Spitzer: What is it that Mr. Doby wants to do with the property?
Chad Huffine: He's currently proposing the multiuse of landscaping and mini-storage use, but that is not what you're
considering tonight. What you are considering tonight is a rezoning without conditions.
Patrick Mallett: I'll add on to that briefly. This case is a general use case. In some jurisdictions they may have
conditional zoning category that could be applied, and you can restrict and eliminate some of the uses. This is a
general-use case. They can indicate what they intend on doing, but you have to consider all of the permitted uses
that are allowed in the (GC-4)district.
David Blankfard: Do we have any comments from the citizens?
Crystal Gvaldoni: My name is Crystal. I live at 6405 West Ten Rd., which is directly impacted by this change. I built
my home in 2010 from the ground up, and I know Mr. Doby personally. I am against what he's planning on doing to
the property by rezoning it as commercial and putting in a mini-storage facility. I feel like it's going to increase the
amount of crime that we have in our neighborhood. For his property, I pulled some 911 records and in the last
several years there have been robberies by someone I know who has been in jail. I think that putting a storage
facility directly behind my house is going to decline the property value of my house and will also affect curb appeal if I
choose to sell my home in the future. My biggest concern is the increase and amount of crime we are going to have
because everything is open. His business sits on the road front and there is no security. If you stick a mini-storage
my backyard, how is it going to be affected? I have children there, we love where we live, and we don't want to
move, and I may be forced to move if this happens.
Bal K Sharma: My name is Bal. I live in Cary, but we do have some land next to the truck stop there on Buckhorn
Road. We also have combined investments there. This exit has not doubled up enough compared to other exits
which I would love to see. In terms of the General Commercial use, it gives more employment opportunities for the
citizens. I do support changing into the commercial joining and support this cause.
David Blankfard: Does the board have any questions?
Adam Beeman: I have a question for the owner. To elaborate a little on the storage unit. I am looking at the only
place that you are going to be able to get into on that property which is on that right or would you pass by the
landscaping business if you were to develop in the future?
Chad Huffine: The only thing I can commit to is to respond to some of her concerns and to comment to the property
value and the crime deterrent and prevention. I can tell you that access would be from West Ten Rd. and that during
the site plan process, the information is provided to DOT and Orange County and that driveway conditions are either
approved or not approved. The property has frontage on West Ten Rd. and would be accessible by light.
18
DRAFT
Adam Beeman: Are there plans to fill that pond in the back of that property?
Chad Huffine: I have no idea. We are in the early stages of the rezoning portion of this.
Adam Beeman: I'm just trying to get information for the neighbors around them to understand a little better. I'm
trying to understand what the potential intent is on the back of the property.
Chad Huffine: I took good notes on what I heard the neighbors say, and one thing I can indicate is that property
values increase when they are changed in zoning to commercial use. Property values may or may not change if they
are rezoned to different residential uses. As development increases around these proposed nodes of industrial and
commercial use, commercial properties create value. Adjacent commercial properties create the synergy between
those two commercial properties and the property values do seem to increase. Once the project moves forward to
site planning, security fencing, cameras, and driveway access is looked at specifically by staff. At this point, we're
just trying to grip the rezoning to start the process.
Patrick Mallett: What we went through in showing the future land-use elements is that this is a part of a bigger
strategy. A lot of time went into this plan and in taking a look at properties and what they should be and what they
should transition toward as time moves on. In this case, this area is specifically along that northern edge of West
Ten Rd. going towards Mebane which has always been envisioned for a commercial industrial transition, not
residential development. That was not part of the long-term vision which is the basis for our recommendation. If this
township were being zoned for the first time today, we would have followed the property line and zoned the entire
property commercial. This is the first part of the process that would theoretically include permits: stormwater permits
and environmental health permits and site plans. With this zoning, they are proposing that there would be 30-foot
land-use buffers along the frontage of the West Ten Rd. and then 100-foot buffer all around the perimeter. Mr. Doby
has indicated to me that he has a desire to retain the land, find some positive revenue streams to deal with the cost
of taxes, and that his vision is to seek for a storage facility in this field area. Mr. Doby also applied for an
improvement permit for an evaluation based on mini-storage with a schematic for that area which has been an
indicator of the intent.
Adam Beeman: Okay.
Carolyn Poteat: My name is Carolyn Swepson Poteat. We received a letter from the planning board stating that we
needed to come to the meeting tonight in reference to Clarence Doby rezoning. What do we need to do?
David Blankfard: The piece of property is zoned in two different ways, and so the County commissioners have
tasked us to clean up so that the zoning is uniform for the entire piece of property. You would just need to listen to
the possibility of being rezoned as a commercial site. There is not really anything that you need to say or do.
Carrie Fletcher: I am a homeowner in Orange County as well. I am always concerned about development around
my home. What can be done for the citizens on the list nearby that will be impacted in order to keep them informed
to quell their fears and make the transition less painful? Is there anything that can be addressed to the
neighborhoods and people around so they know what's going on?
Chad Huffine: Yes. As part of the process with planning and the commissioners, a dimension or radius around the
property including adjacent properties, would be notified by mail, newspaper, and by signage. The property owners
can be located in the packet. They have been made aware as the commissioners meeting approaches in
September.
Carrie Fletcher: Can the folks in the back hear? I want to make sure they can understand.
Chad Huffine: They will be notified by the County prior to the public hearings. They will have another opportunity to
speak to the County commissioners at that time but also to hear about any developments of what is proposed.
Bat K Sharma: It sounds like some of the neighbors need to be educated about the good and the bad of this
proposal. I said commercial is good for several reasons, but at the same time, homeowners are outraged and they
19
DRAFT
need to be convinced why it is good for them. If everyone understands why it is good it will be a win-win for
everyone. Everyone needs to be educated on why it is important to the people and how it will also impact everyone.
Patrick Mallett: In North Carolina, most of the process is prescribed by state law on what you have to do. This type
of zoning process has to go to a planning board and it needs to make a recommendation. It then goes to an elected
body. With most jurisdictions in North Carolina, the notification requirements are far less than what we actually do.
Notices were sent out to every property owner that was on the tax rolls and owns property within a thousand feet.
We run legal ads, we post signs for both the planning board meeting and the board of commissioners meeting. We
also post all the information online so people can come and check our rezoning cases or what's new on the planning
portion of our website. If you have a question about this case or anything going on in the area, my door is always
open and you can contact me.
Adam Beeman: You said that the area has been intended to be commercial for some time. Do you have a date on
when that was set in stone for Orange County?
Craig Benedict: Good evening. Craig Benedict, Orange County Planning Director. This area was originally
designated in 1981 when zoning went into effect in this Township as Commercial Industrial Activity Node. They left
the existing zoning in place as (R-1) residential. You have also heard some of our discussions in the past about
leaving it for somebody to ask for a conversion consistent with the Commercial Industrial Activity Node if they wanted
to come in in the future. In 1994, the (CITAN) Commercial Industrial Activity Node was changed in land-use to
economic development while at the same time, they changed the zoning with the land-use, so the zoning is in place
just across Buckhorn Road. There are two different ways to do it. You will also notice that in these CITANs, the
commissioners have asked us if there are places that we are calling pre-zoned to fix to an area that's consistent with
that future land-use. In this case, the applicant was out in front of us. You may see some other conversions that are
even government initiated. The commissioners also noticed that in the 1990's there was housing in the area and
leaving the (R-1) designation on there allowed those houses to remain as a conforming use, so this was a way to
balance the program. This is in transition and may transition to more commercial industrial in the near future. By
2008, when the comprehensive plan was updated, we had additional outreach meetings to discuss the economic
development land-use and commercial industrial land use. The last opportunity was roughly in 2013 when we started
extending utilities into the area. We had no community meetings. The utilities for this area run from Gravelly Hill
Middle School over to Buckhorn Road with some properties on Buckhorn Road and then eventually tied in the Petro
Truck Stop with the sewer flowing back to Mebane. This was to support that future land-use such as commercial
industrial. When Patrick mentioned that this is part of the major transportation overlay, it's a recognition of its
proximity to the interstate and major interchanges.
Randy Marshall: In regard to the owner initiated amendment to the zoning atlas to rezone 16.45 acres consisting of
Rural Residential (R-1) and Neighborhood Commercial (NC-2)to all General Commercial (GC-4), the Planning Board
finds the requirements of section 2.8 of the (UDO)The Unified Development Ordinance have been deemed complete
and pursuant to section 1.1.5 and 1.1.7 of the (UDO) in Section 153(A)-341 of the North Carolina General Statutes.
The board finds consistent documentation within the record denoting that the amendment is consistent with the
adopted 2030 Comprehensive Plan. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plans and goals and objectives. Objective, ED 1.5 identified barriers to development
to desired businesses and local businesses and (inaudible). Objective ED 2.5. Identify land suitable to accommodate
the expansion and growth of commercial industrial uses in the county. Land-use goal 1: Physically and
environmentally responsible (inaudible)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 integrative achievement of all comprehensive plan goals. The amendment reasonable and in the public
interest because it modifies existing non-residential zoning boundaries in an attempt to make existing operations
more conforming to local land-use regulations. Therefore, the Planning Board of Orange County hereby
recommends that the Board of County commissioners consider adoption of a proposed zoning atlas amendment.
MOTION by Randy Marshall to approve the rezoning. Seconded by Adam Beeman.
VOTE: Unanimous
20
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An owner initiated amendment to the Zoning Atlas to rezone 16.45 acres consisting of Rural
Residential (R-1) and Neighborhood Commercial (NC-2) to all General Commercial (GC-4).
The following arcel is affected b this proposal:
Parcel Township Owner on Record Current Proposed Zoning
Identification Zoning District District
Number(PIN)
9834-25-2573 Cheeks Clarence Wayne Doby R-1 Rezone entire 16.45
(+/-14.57 acres) acre parcel to GC-4
and
NC-2
(+/-1.88 acres)
Note: No modifications are being proposed to the boundaries of the Major Transportation
Corridor (MTC) 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:
Obiective ED-1.5:
Identify barriers to development of desirable businesses and local businesses, and
mitigate these barriers.
Objective ED-2.5:
Identify lands suitable to accommodate the expansion and growth of commercial
and industrial uses in the County.
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 adopti of the proposed Zoning Atlas amendments.
� �'' Date �i�
21
Attachment 6
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
v m *w
oFl.ir !
CERTIFICATION OF
PLANNING BOARD AND PUBLIC HEARING
MAILING AND SIGN NOTIFICATIONS
CLARENCE WAYNE DOBY PROPERTY
6405 WEST TEN ROAD
MEBANE, NC 27302
(PIN 9834-25-2573)
ORANGE COUNTY, NORTH CAROLINA
I, Patrick Mallett, Planner II with Orange County, North Carolina, DO HEREBY CERTIFY
that in accordance with the provisions of Section 2.8 of the Orange County Unified
Development Ordinance (UDO), I have mailed (or caused to be mailed) notices of both the
Planning Board Meeting and BOCC Public Hearing for the above property.
The mailed notices informed property owners (as identified by Orange County Tax Records)
within 1 ,000 of the subject property of the proposed rezoning. The notices gave specifics of
the request, contact information, dates, times, and locations of both meetings. Notices of
the Planning Board Meeting were mailed on July 11, 2019. Notices of the BOCC Public
Hearing were mailed on August 19, 2019.
Signs were also posted on the property indicating the same meetings. The posted signs
informed passersby of the request, dates, times, and locations of both meetings. Signs for
the Planning Board meeting were posted on the property on July 11 , 2019. Signs for the
BOCC Public Hearing were posted on the property on August 19, 2019.
WITNESS my hand, this 20t" day of August 2019.
Patr�ch T-,--. MaUett
Patrick Mallett
Planner 11
22
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
v m *w
oFl.ir !
CERTIFICATION OF
LEGAL AD FOR BOCC PUBLIC HEARING
(Zoning Atlas Amendment Application Case # MA19-0002)
CLARENCE WAYNE DOBY PROPERTY
6405 WEST TEN ROAD
MEBANE, NC 27302
(PIN 9834-25-2573)
ORANGE COUNTY, NORTH CAROLINA
I, Patrick Mallett, Planner II with Orange County, North Carolina, DO HEREBY CERTIFY
that in accordance with the provisions of Section 2.8 of the Orange County Unified
Development Ordinance (UDO), Legal advertisements were run in newspapers as follows:
PUBLISH: The Herald Sun News of Orange
August 21 , 2019 August 21, 2019
August 28, 2019 August 28, 2019
These ads gave specifics regarding the rezoning request, the property and the date, time
and location of the BOCC Public Hearing.
WITNESS my hand, this 28t" day of August 2019.
Patrick Mallett
Planner 11
23
Attachment 7
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An owner initiated amendment to the Zoning Atlas to rezone 16.45 acres consisting of Rural
Residential (R-1) and Neighborhood Commercial (NC-2) to all General Commercial (GC-4).
The following parcel is affected by this proposal:
Parcel Township Owner on Record Current Proposed Zoning
Identification Zoning District District
Number (PIN)
9834-25-2573 Cheeks Clarence Wayne Doby R-1 Rezone entire 16.45
14.57 acres) acre parcel to GC-4
and
NC-2
(+/-1.88 acres)
Note: No modifications are being proposed to the boundaries of the Major Transportation
Corridor (MTC) Overlay District, which will continue to apply to 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.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Penny Rich, Chair Date
Attachment 8 24
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 District
Number (PIN)
9834-25-2573 Cheeks Clarence Wayne Doby R-1 Rezone entire 16.45
(+/-14.57 acres) acre parcel to GC-4
and with
NC-2 Major Transportation
(+/-1.88 acres) Corridor (MTC)
with Overlay District to
Major remain unchanged
Transportation
Corridor (MTC)
Overlay District
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
map.
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 12019.
SEAL
Clerk to the Board of Commissioners
t
Attachment 7 - Part 2 25
9834266867
ME TRUST HPT Olt,
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Zoning Atlas Map
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98
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WALTE
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Rezone from R1 (14.57 acres)
' to GC4 with MTC to remain
Haw Creek
Unprotected
Watershed s
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Rezone from NC2 (1.88 acres)] �" -rotected
to GC4 with MTC to remain t. Waters he,'
r.
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r HISKEY
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RUTHANN
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9834249380
RUTHANN
� MITTELSTADT
983 5080` 'J 9834341020
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PIN#:9834252573 Data shown on this map Is obtained from orange County
CLARENCE WAYNE DOBY GISandisfarrafaranaeanly
Exaat laaatians and baundarias should be—Ified
Map prepared by Orange County Planning&Inspections
6405 WEST TEN RD 0811 3re0f 9-pmallett
MEBANE,NC 27302