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No.Page(s)Agenda Item
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August 7, 2019 Regular Meeting
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The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
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The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
1
No.Page(s)Agenda Item
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
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< August September 2019 October>
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Holiday Regular BOCC
Meeting
7:00 pm
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Planning Board
Meeting
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WCOB 204
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Board of
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(BOA) Meeting
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Building
BOCC Special
Public Hearing/
Regular Work
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BOCC Joint
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School Boards
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Building
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Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
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< September October 2019 November>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
Meeting
7:00 pm*
WCOB 204
BOCC - Fire
Departments
Meeting /
Regular Work
Session 7:00
pm Whitted
Building
6 7 8 9 10 11 12
Board of
Adjustment
(BOA) Meeting
7:00 pm
Whitted
Building
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Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
OUTBoard
Meeting
6:30 pm
WCOB 204
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27 28 29 30 31
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4
MEETING MINUTES1
ORANGE COUNTY PLANNING BOARD2
AUGUST 7,20193
REGULAR MEETING4
5
MEMBERS PRESENT: David Blankfard (Vice-Chair), Hillsborough Township Representative; Hunter Spitzer, At-Large; 6
Pendergrass, At-Large; Susan Hunter, Chapel Hill Township Representative; Adam Beeman, Cedar Grove Township 7
Representative; Patricia Roberts, Cheeks Township Representative; Randy Marshall, Bingham Township 8
Representative; Kim Piracci, Eno Township Representative; Melissa Poole, Little River Township Representative;9
Carrie Fletcher, Bingham Township Representative; 10
11
12
MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Jessica Aguilar; At-13
Large; Hathaway 14
15
16
STAFF PRESENT: Craig Benedict, Planning Director; Patrick Mallett, Planner II; Tina Love, Administrative Support I; 17
Tyler Sliger, Planning Tech; 18
19
MEMBERS OF THE PUBLIC: Dona McAdoo; Carolyn Poteat; Levorne Miller;20
21
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL22
Vice Chair David Blankfard called the meeting to order. 23
24
25
AGENDA ITEM 2: INFORMATIONAL ITEMS26
a. Planning Calendar for August and September 201927
28
29
AGENDA ITEM 3: APPROVAL OF MINUTES30
June 5, 2019 Regular Meeting31
32
MOTION by Adam Beeman to approve the June 5, 2019 Regular Meeting Minutes with corrections. Seconded by33
Hunter Spitzer. 34
VOTE: Unanimous35
36
37
AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 38
39
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AGENDA ITEM 5: PUBLIC CHARGE41
42
43
AGENDA ITEM 6: CHAIR COMMENTS44
45
46
AGENDA ITEM 7: ZONING ATLAS AMENDMENT (GENERAL USE REZONING)-To review and make a recommendation on 47
an owner initiated application seeking to rezone an approximately 16.45 acre parcel of property (PIN 9834-25-2573) 48
located in Cheeks Township at 6405 West Ten Road From: Rural Residential (R-1) (14.57 acres) ; Neighborhood 49
Commercial (NC-2) (1.88 acres) To: General Commercial (GC-4). The purpose of the rezoning is to eliminate the 50
existing split zoning on the parcel make the entire property viable for non-residential development.51
PRESENTER:Patrick Mallett, Planner II 52
53
Patrick Mallett: Good evening. I'll be presenting the case. The representatives for the applicant are here and there 54
are some adjacent property members that are here that probably want to speak in the case. I'm going to walk you 55
5
through the packet. This is a general use rezoning request. It has a same format as most cases you see in terms of 56
the abstract with a series of attachments. We have the abstract which starts on page 7 of your packet and ends on 57
page 24 of your packet. It has attachments including the application starting on page 11. Maps of the parcel can be 58
found on page 20, a site assessment on page 21, a statement of consistency which is attachment 4 on page 22, and 59
then the ordinance amending the atlas on page 24. If you have any questions, I can answer them after the 60
presentation. I would also like to note that I sent out an email yesterday regarding the property having a major 61
transportation quarter overlay district in addition to the zoning. They are not proposing to change it or recommended 62
to change it. The subject property is a little over 16 acres with two pieces of frontage. There is a landscaping 63
contracting business on one side, with farm fields and a pond. There are several residential properties along the 64
frontage of West Ten. The existing zoning areas in yellow are residential. The areas to the north of this property is65
zoned (ORM) Office and Researching Manufacturing. There is agricultural and residential zoning on the south side 66
of West Ten and a neighborhood commercial area on this portion of the property. As you saw in the packet, this 67
case is a split zoning case. The direction from the commissioners is to clean up the split zone pieces of property. 68
This neighborhood commercial portion has a contracting and landscaping business on a portion of the property. The 69
applicant, Mr. Doby, lives in this residence here. The site summary is that it is within the Cheeks Township with a pin 70
number and owner, Wayne Doby. The existing zoning is neighborhood commercial and is approximately 1.71 acres. 71
The rural residential on one side is 14.54 acres in the watershed and it would be MTC. The request is to consolidate 72
these two zoning categories into 16.45 acres of General Commercial (GC-4). This is the land-use element of the 73
comprehensive plan. The plan calls and designates this property as a commercial industrial transition activity node. 74
The growth management system of the property is zoned as urban designated. In summary, this property like the 75
other one that you heard in May was part of the batch in 2016 that was split zoned. Mr. Doby like Mr. Lawton, which76
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. 77
Staff recommended rezoning this split zoning portion of the property to (GC-4) that is most consistent with the 78
comprehensive plan and the land-use plan designation. Cheeks Township was originally zoned in 1984 and the non-79
residential portion of this property was established at least a year prior to that zoning. The zoning at that time did not 80
capture all of their non-residential use. The planning director recommends that the Planning Board review the 81
proposed zoning atlas amendment, to deliberate on the petition, to consider the director’s recommendation, and then 82
to make a recommendation to the board of commissioners on the statement of consistency and for a proposed 83
ordinance for the atlas amendment in time for the September 3
rd BOCC meeting. I will answer any questions you 84
have about the presentation or the packet and then turn it over to the applicants.85
86
David Blankfard: I think we're good.87
88
Chad Huffine: Good evening; my name is Chad and I am a civil engineer with the project, with 505 E. Davis St. in 89
Burlington. We were contacted by Mr. Doby to look at the potential uses for his property and immediately noticed the 90
split zoning on his property. After several conversations with staff, and taking recommendations, we submitted a91
rezoning application for the (GC-4), which is consistent with the land-use plan you have currently. I do want to 92
reiterate one thing that Pat said, we do not propose any changes to the transportation overlay. We do not have any 93
conditions associated with this rezoning request and we would appreciate your favorable consideration. If you have 94
any questions please feel free to contact me.95
96
Hunter Spitzer: What is it that Mr. Doby wants to do with the property?97
98
Chad Huffine: He’s currently proposing the multiuse of landscaping and mini-storage use, but that is not what you're 99
considering tonight. What you are considering tonight is a rezoning without conditions.100
101
Patrick Mallett: I'll add on to that briefly. This case is a general use case. In some jurisdictions they may have 102
conditional zoning category that could be applied, and you can restrict and eliminate some of the uses. This is a 103
general-use case. They can indicate what they intend on doing, but you have to consider all of the permitted uses 104
that are allowed in the (GC-4) district.105
106
David Blankfard: Do we have any comments from the citizens?107
108
Crystal Gvaldoni: My name is Crystal. I live at 6405 West Ten Rd., which is directly impacted by this change. I built 109
my home in 2010 from the ground up, and I know Mr. Doby personally. I am against what he's planning on doing to 110
6
the property by rezoning it as commercial and putting in a mini-storage facility. I feel like it's going to increase the 111
amount of crime that we have in our neighborhood. For his property, I pulled some 911 records and in the last 112
several years there have been robberies by someone I know who has been in jail. I think that putting a storage 113
facility directly behind my house is going to decline the property value of my house and will also affect curb appeal if I 114
choose to sell my home in the future. My biggest concern is the increase and amount of crime we are going to have 115
because everything is open. His business sits on the road front and there is no security. If you stick a mini-storage 116
my backyard, how is it going to be affected? I have children there, we love where we live, and we don't want to 117
move, and I may be forced to move if this happens.118
119
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 120
Road. We also have combined investments there. This exit has not doubled up enough compared to other exits 121
which I would love to see. In terms of the General Commercial use, it gives more employment opportunities for the 122
citizens. I do support changing into the commercial joining and support this cause. 123
124
David Blankfard: Does the board have any questions? 125
126
Adam Beeman: I have a question for the owner. To elaborate a little on the storage unit. I am looking at the only 127
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 128
landscaping business if you were to develop in the future?129
130
Chad Huffine: The only thing I can commit to is to respond to some of her concerns and to comment to the property 131
value and the crime deterrent and prevention. I can tell you that access would be from West Ten Rd. and that during 132
the site plan process, the information is provided to DOT and Orange County and that driveway conditions are either 133
approved or not approved. The property has frontage on West Ten Rd. and would be accessible by light.134
135
Adam Beeman: Are there plans to fill that pond in the back of that property?136
137
Chad Huffine: I have no idea. We are in the early stages of the rezoning portion of this.138
139
Adam Beeman: I'm just trying to get information for the neighbors around them to understand a little better. I'm 140
trying to understand what the potential intent is on the back of the property.141
142
Chad Huffine: I took good notes on what I heard the neighbors say, and one thing I can indicate is that property 143
values increase when they are changed in zoning to commercial use. Property values may or may not change if they 144
are rezoned to different residential uses. As development increases around these proposed nodes of industrial and 145
commercial use, commercial properties create value. Adjacent commercial properties create the synergy between 146
those two commercial properties and the property values do seem to increase. Once the project moves forward to 147
site planning, security fencing, cameras, and driveway access is looked at specifically by staff. At this point, we’re 148
just trying to grip the rezoning to start the process.149
150
Patrick Mallett: What we went through in showing the future land-use elements is that this is a part of a bigger 151
strategy. A lot of time went into this plan and in taking a look at properties and what they should be and what they 152
should transition toward as time moves on. In this case, this area is specifically along that northern edge of West153
Ten Rd. going towards Mebane which has always been envisioned for a commercial industrial transition, not 154
residential development. That was not part of the long-term vision which is the basis for our recommendation. If this 155
township were being zoned for the first time today, we would have followed the property line and zoned the entire 156
property commercial. This is the first part of the process that would theoretically include permits: stormwater permits 157
and environmental health permits and site plans. With this zoning, they are proposing that there would be 30-foot 158
land-use buffers along the frontage of the West Ten Rd. and then 100-foot buffer all around the perimeter. Mr. Doby159
has indicated to me that he has a desire to retain the land, find some positive revenue streams to deal with the cost 160
of taxes, and that his vision is to seek for a storage facility in this field area. Mr. Doby also applied for an161
improvement permit for an evaluation based on mini-storage with a schematic for that area which has been an 162
indicator of the intent.163
164
165
7
Adam Beeman: Okay.166
167
Carolyn Poteat: My name is Carolyn Swepson Poteat. We received a letter from the planning board stating that we 168
needed to come to the meeting tonight in reference to Clarence Doby rezoning. What do we need to do?169
170
David Blankfard: The piece of property is zoned in two different ways, and so the County commissioners have 171
tasked us to clean up so that the zoning is uniform for the entire piece of property. You would just need to listen to 172
the possibility of being rezoned as a commercial site. There is not really anything that you need to say or do. 173
174
Carrie Fletcher: I am a homeowner in Orange County as well. I am always concerned about development around 175
my home. What can be done for the citizens on the list nearby that will be impacted in order to keep them informed 176
to quell their fears and make the transition less painful? Is there anything that can be addressed to the 177
neighborhoods and people around so they know what's going on?178
179
Chad Huffine: Yes. As part of the process with planning and the commissioners, a dimension or radius around the 180
property including adjacent properties, would be notified by mail, newspaper, and by signage. The property owners 181
can be located in the packet. They have been made aware as the commissioners meeting approaches in 182
September.183
184
Carrie Fletcher: Can the folks in the back hear? I want to make sure they can understand.185
186
Chad Huffine: They will be notified by the County prior to the public hearings. They will have another opportunity to 187
speak to the County commissioners at that time but also to hear about any developments of what is proposed.188
189
Bal K Sharma: It sounds like some of the neighbors need to be educated about the good and the bad of this 190
proposal. I said commercial is good for several reasons, but at the same time, homeowners are outraged and they 191
need to be convinced why it is good for them. If everyone understands why it is good it will be a win-win for 192
everyone. Everyone needs to be educated on why it is important to the people and how it will also impact everyone.193
194
Patrick Mallett: In North Carolina, most of the process is prescribed by state law on what you have to do. This type 195
of zoning process has to go to a planning board and it needs to make a recommendation. It then goes to an elected 196
body. With most jurisdictions in North Carolina, the notification requirements are far less than what we actually do. 197
Notices were sent out to every property owner that was on the tax rolls and owns property within a thousand feet. 198
We run legal ads, we post signs for both the planning board meeting and the board of commissioners meeting. We 199
also post all the information online so people can come and check our rezoning cases or what's new on the planning 200
portion of our website. If you have a question about this case or anything going on in the area, my door is always 201
open and you can contact me.202
203
Adam Beeman: You said that the area has been intended to be commercial for some time. Do you have a date on204
when that was set in stone for Orange County?205
206
Craig Benedict: Good evening. Craig Benedict, Orange County Planning Director. This area was originally 207
designated in 1981 when zoning went into effect in this Township as Commercial Industrial Activity Node. They left 208
the existing zoning in place as (R-1) residential. You have also heard some of our discussions in the past about 209
leaving it for somebody to ask for a conversion consistent with the Commercial Industrial Activity Node if they wanted 210
to come in in the future. In 1994, the (CITAN) Commercial Industrial Activity Node was changed in land-use to 211
economic development while at the same time, they changed the zoning with the land-use, so the zoning is in place212
just across Buckhorn Road. There are two different ways to do it. You will also notice that in these CITANs, the 213
commissioners have asked us if there are places that we are calling pre-zoned to fix to an area that’s consistent with 214
that future land-use. In this case, the applicant was out in front of us. You may see some other conversions that are 215
even government initiated. The commissioners also noticed that in the 1990's there was housing in the area and216
leaving the (R-1) designation on there allowed those houses to remain as a conforming use, so this was a way to 217
balance the program. This is in transition and may transition to more commercial industrial in the near future. By218
2008, when the comprehensive plan was updated, we had additional outreach meetings to discuss the economic 219
development land-use and commercial industrial land use. The last opportunity was roughly in 2013 when we started 220
8
extending utilities into the area. We had no community meetings. The utilities for this area run from Gravelly Hill 221
Middle School over to Buckhorn Road with some properties on Buckhorn Road and then eventually tied in the Petro222
Truck Stop with the sewer flowing back to Mebane. This was to support that future land-use such as commercial 223
industrial. When Patrick mentioned that this is part of the major transportation overlay, it’s a recognition of its 224
proximity to the interstate and major interchanges. 225
226
227
MOTION by Randy Marshall to approve the rezoning. Seconded by Adam Beeman. 228
VOTE:Unanimous229
230
Randy Marshall: In regard to the owner initiated amendment to the zoning atlas to rezone 16.45 acres consisting of 231
Rural Residential (R-1) and Neighborhood Commercial (NC-2) to all General Commercial (GC-4), the Planning Board 232
finds the requirements of section 2.8 of the (UDO) The Unified Development Ordinance have been deemed complete 233
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. 234
The board finds consistent documentation within the record denoting that the amendment is consistent with the 235
adopted 2030 Comprehensive Plan. The amendment is consistent with applicable plans because it supports the 236
following 2030 Comprehensive Plans and goals and objectives. Objective, ED 1.5 identified barriers to development 237
to desired businesses and local businesses and (inaudible). Objective ED 2.5. Identify land suitable to accommodate 238
the expansion and growth of commercial industrial uses in the county. Land-use goal 1: Physically and 239
environmentally responsible (inaudible) growth consistent with the provision of adequate services and facilities and a 240
high quality of life. Land-use goal 4: Land development regulations guidelines techniques and/or incentives that 241
promote the integrative achievement of all comprehensive plan goals. The amendment reasonable and in the public 242
interest because it modifies existing non-residential zoning boundaries in an attempt to make existing operations 243
more conforming to local land-use regulations. Therefore, the Planning Board of Orange County hereby 244
recommends that the Board of County commissioners consider adoption of a proposed zoning atlas amendment. 245
246
AGENDA ITEM 8:ADJOURNMENT247
248
This meeting was adjourned at 7:38 p.m.249
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Lydia N. Wegman, Chair255
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