HomeMy WebLinkAboutAgenda - 10-06-20; 6-b - Zoning Atlas Amendment – Parcels off Old NC Highway 86 (District 2 of Settlers Point MPD-CZ)ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 6, 2020
Action Agenda
Item No. 6-b
SUBJECT: Zoning Atlas Amendment – Parcels off Old NC Highway 86 (District 2 of
Settlers Point MPD-CZ)
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Map of Subject Parcels
2. Excerpt of August 5, 2020 Planning
Board Minutes and Statement of
Consistency
3. Statement of Consistency
4. Ordinance Amending Zoning Atlas
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To take action on Planning Director initiated Zoning Atlas Amendments for parcels
east of Old NC Highway 86, south of Interstate 40, within the Hillsborough Township of Orange
County.
Specifically, staff is proposing to rezone 8 parcels, totaling approximately 46 acres, originally
part of the Master Plan Development Conditional Zoning (MPD-CZ) district known as Setters
Point. A map of the subject parcels is contained in Attachment 1.
As a general reminder the public comment period for this item closed at 9:00 a.m. on September
24, 2020. The BOCC will not be accepting any further public comment on this item.
BACKGROUND: A public hearing was opened on September 15, 2020 and continued without
public comment to September 22, 2020 so that all members of the public signed up to speak on
the RTLP proposal, a separate item on the agenda, would have adequate opportunity to speak
and be heard by the Board. No one spoke on this item at the September 22 meeting.
Materials from the public hearing are available at:
http://server3.co.orange.nc.us:8088/weblink/0/doc/49647/Page1.aspx.
Video from the September 22, 2020 meeting can be accessed at:
https://www.orangecountync.gov/967/Meeting-Videos.
In accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings during
declared emergencies, written comments were allowed to be sent for 24-hours after the public
hearing was closed.
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Interested parties were told so submit comments via e-mail, or in writing to the Planning
Department office at 131 West Margaret Lane in downtown Hillsborough, by 9:00 a.m.
September 24, 2020.
No written comments were received at the Planning Department office by the deadline. All
comments sent to ocbocc@orangecountync.gov on this proposal are viewable at:
https://groups.google.com/g/ocbocc.
As staff indicated during the public hearing, a developer has proposed a new MPD-CZ district
involving 2 parcels associated with the previously approved MPD-CZ (Settlers Point). Staff has
determined the remaining 8 parcels will have difficulty complying with the MPD-CZ development
standards as approved in 2018 with the elimination of these 2 parcels. In order to ensure these
8 parcels have development potential, staff recommends they be rezoned as follows:
1. Rezone parcels (PINs: 9873-11-4636, 9873-11-7506, 9873-11-5415, 9873-11-9450,
9873-11-7247, and 9873-10-7937), labeled as number(s) 3, 4, 5, 6, 7 and 8 on the map
above:
FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and
Major Transportation Corridor (MTC) Overlay District.
TO: Economic Development Hillsborough Limited Office (EDH-2) and Major
Transportation Corridor (MTC) Overlay District.
2. Rezone parcel (PIN 9873-10-4310), labeled as number 10 on the map above:
FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point,
Major Transportation Corridor (MTC) Overlay District, Rural Residential (R-1).
TO: Economic Development Hillsborough Limited Office (EDH-2), Major
Transportation Corridor (MTC) Overlay District, Rural Residential (R-1).
3. Rezone parcel (PIN 9873-20-2388), labeled as number 9 on the map above:
FROM: Master Plan Development Conditional Zoning (MPD-CZ) Settlers Point and
Major Transportation Corridor (MTC) Overlay District.
TO: Economic Development Hillsborough Office/Retail (EDH-4) and Major
Transportation Corridor (MTC) Overlay District.
Staff’s proposal will return these 8 properties back to their original zoning designation in place
prior to the approval of the MPD-CZ.
Planning Board Recommendation: At its August 5, 2020 regular meeting, the Planning Board
voted unanimously to recommend approval of the Statement of Consistency (Attachment 3)
and the proposed Zoning Atlas Amendment (Attachment 4) as proposed by staff.
Excerpts of the minutes from this meeting, as well as the Board’s signed statement of
consistency, are included in Attachment 2. Agenda materials from the meeting can be viewed
at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
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’.
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The Director has determined the proposed atlas amendments are necessary to ensure each
parcel has development option(s) and that rezoning said parcels back to their original zoning
designation is consistent with the goals and policies of the adopted Comprehensive Plan. 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 3 and the
proposed zoning atlas amendment ordinance contained in Attachment 4.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services. Costs associated with advertising,
including the public hearing notice and mailings, are covered within the Department’s budget.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda 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: The Manager recommends the Board approve the:
a. Statement of Consistency (Attachment 3), and
b. The Ordinance Amending the Zoning Atlas (Attachment 4)
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Attachment 1
: These 8 parcels are zoned MPD-CZ Rezoning Proposal
and were approved as part of the Settlers Point application
(i.e. District 2). Staff is recommending these parcels be
rezoned consistent with their original designations (i.e. EDH-
2 or EDH-4).
This will return the parcels to their original zoning (i.e. the
zoning that existed prior to the approval of the MPD-CZ) and
allow development consistent with the provisions of the UDO.
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MEETING MINUTES 4 ORANGE COUNTY PLANNING BOARD 5 AUGUST 5, 2020 6 REGULAR MEETING 7
(Due to current public health concerns, this meeting was held virtually. 8
Members of the Planning Board, staff and public participated remotely) 9
10
MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Adam Beeman (Vice-Chair), 11
Cedar Grove Township Representative; Kim Piracci, Eno Township Representative; Susan Hunter, Chapel Hill 12
Township Representative; Patricia Roberts, Cheeks Township Representative; Randy Marshall, At-Large 13
Representative; Hunter Spitzer, At-Large Representative; Alexandra Allman, At-Large Representative; Melissa 14
Poole, Little River Township Representative; Carrie Fletcher, Bingham Township Representative 15
16 MEMBERS ABSENT: Gio Mollinedo, At-Large Representative; Vacant, At-Large Representative 17
18
STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Tom Altieri, 19
Comprehensive Planning Supervisor; Michael Harvey, Current Planning Supervisor; Brian Carson, GIS Tech III, Tom 20
Ten Eyck, Transportation/Land Use Planner, Christopher Sandt, Staff Engineer; Tina Love, Administrative Support; 21
Steve Brantley, Economic Development Director, Amanda Garner, Assistant Economic Development Director; 22
23
APPLICANT AND ASSOCIATES PRESENT: Bill Aucoin, Vice President - Avison Young; Chris Bostic, Project Manager – 24
Kimley-Horn and Associates, Inc.; Jack Graham, Principal – Avison Young; Michael Birch, Partner – Longleaf Law 25
Partners; Christa Greene, Senior Principal – Stantec; Frank Csapo, CEO – Barrister Commercial Group; Wes Hall, 26
Civil Engineer Analyst – Kimley-Horn; Matt Peach, Senior Transportation Engineer – Stantec; Rick Ogburn, Director 27
of Construction – Barrister Commercial Group; Doug Short, Partner – Manning Fulton 28
29 OTHERS PRESENT: Penny Rich (BOCC Chair); Sarah Shore; Joseph Shore; Stephen Williams; Frederick Tapp; Kaila 30
Mitchell; Brandon Sneed; Gerald Scarlett; Leslie Robert;, Ellen Mayer; Jayse Sessi; Myra Gwin-Summers; Franklin 31
Garland; Isabel Garland; Clare Brennan; Karen Fernandez; Theresa Gilliam; Maryanne Ross; Jill Bauer; Dennis 32
Hagerman; Ronald Sieber; Jared Jurkiewicz; Matthew Kostura; Jon Lorusso; Richard Wagoner; Ted Bryant; Bob 33
Bundschuh; Allen Rynish; Brian Lapham; Steve Kaufmann; Gina Rhoades; Doug Short; Betty Garland; Kevin 34
Nicholson, Jonathan Espitia, William Clayton, Beatrice Brooks, Rowdy and Kim Walker, Beth Rosenberg, Diane and 35
Erik Dunder; Noah Chase; Cedar Eagle; Jack Rupplin; Tammy Grubb; 3 callers 36
37
38
AGENDA ITEM 1: BRIEF SUMMARY BY STAFF ON TECHNOLOGY PROTOCOLS FOR MEETING 39
PRESENTER: Perdita Holtz, Planning Systems Coordinator 40
41
Perdita reviewed the technical processes and rules 42
43
44
AGENDA ITEM 2: CALL TO ORDER AND ROLL CALL 45
Chair David Blankfard called the meeting to order. 46
47
48 AGENDA ITEM 3: INFORMATION ITEMS 49
a. Planning Calendar for August and September 50
51
52 AGENDA ITEM 4: APPROVAL OF MINUTES 53 February 5, 2020 54 55
Attachment 2 – Minutes
5
MOTION by Randy Marshall to approve the February 5, 2020 Meeting Minutes. Seconded by Hunter Spitzer. 56 VOTE: Unanimous 57 58
59 AGENDA ITEM 5: CONSIDERATION OF ADDITIONS TO AGENDA. 60
There were none 61
62
63 AGENDA ITEM 6: PUBLIC CHARGE 64
65
INTRODUCTION TO THE PUBLIC CHARGE 66
The Board of County Commissioners, under the authority of North Carolina General Statute, 67
appoints the Orange County Planning Board (OCPB) to uphold the written land development law of 68
the County. The general purpose of OCPB is to guide and accomplish coordinated and 69
harmonious development. OCPB shall do so in a manner, which considers the present and future 70
needs of its citizens and businesses through efficient and responsive process that contributes to 71
and promotes the health, safety, and welfare of the overall County. The OCPB will make every 72
effort to uphold a vision of responsive governance and quality public services during our 73
deliberations, decisions, and recommendations. 74
75
PUBLIC CHARGE 76
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 77
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 78
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 79
public charge, the Chair will ask the offending member to leave the meeting until that individual 80
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 81
until such time that a genuine commitment to this public charge is observed. 82
83
84 AGENDA ITEM 7: CHAIR COMMENTS 85
There were none 86
87 88 AGENDA ITEM 9: ZONING ATLAS AMENDMENT (GENERAL USE REZONING) - To review and make a recommendation to 89
the BOCC on a County-initiated action to rezone 8 parcels totaling 45.96 acres from MPD-CZ 90
(Settler’s Point) to EDH-4 (Economic Development Hillsborough Office/Retail) (1 parcel 32.76 91
acres in size) or EDH-2 (Economic Development Hillsborough Limited Office) (7 parcels totaling 92
13.2 acres). The parcels are located in Hillsborough Township, south of Interstate 40 and east of 93
Old Highway 86. This item is scheduled for BOCC public hearing on September 15, 2020. 94
PRESENTER: Michael Harvey, Current Planning Supervisor 95
Michael Harvey reviewed the abstract and proposed changes to the Zoning Atlas Amendment 96
97
David Blankfard: Anybody from the Board have any questions or comments? 98
99
Hunter Spitzer: My first question is in rezoning these parcels back to what they were prior to this, particularly on the 100
east side of 86, could I recommend or ask for consideration to rezoning to low intensity to medium intensity 101
residential in this area? It seems as though the industrial land uses are not very in line with the vision that the 102
residents have and I would add this zoning in addition to the ones that you already have recommended and in place 103
of Rural Residential this would allow for a more transition, a different opportunity for development in the area that I 104
think would be more in line with what some people have voiced. 105
106
Michael Harvey: Thank you for the question, that suggestion in my opinion is inconsistent with the Comprehensive 107
Plan, which identifies this area as Economic Development Transition. I also think that these property owners would 108
object to (their property being) the down zoning of their property and loss of potential development value. These 109
parcels have been zoned Economic Development for several decades. That it is not something that I am comfortable 110
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with recommending or supporting. If you have an interest in restudying the area, that statement needs to be made to 111
the County Commissioners who would need to take it under consideration. What I will say is that, as with other 112
projects in this general area, there has been an interest in expanding our current Hillsborough Economic 113
Development District and increasing economic development opportunities in this area. I also do not think it’s the best 114
planning idea to put low intensity residential right up against an Interstate. I think that the current land use categories 115
and zoning that we have recommended would allow for purposeful development and expansion consistent with 116
current County policy. 117
118
Hunter Spitzer: I have another, more of a comment and this is pertaining to the analysis section of the introduction of 119
this amendment. ‘It finds that this is consistent with land use goal 3, a variety of land uses that are coordinated within 120
a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, 121
supported by an efficient and balanced transportation system.” This is not mentioned again in the actual motion or I 122
believe the resolution we have to recommend to the Board. So if that will not be included over in summary words 123
those things that we’ve accomplished then I have no further objections but I do find that land use goal in itself a little 124
bit contradictory and not applicable to this situation. 125
126
David Blankfard: All right, anybody else have any comments? Ok, again I’d like to ask people from the community to 127
say if they received a letter from the planning department. 128
129
Stephen Williams: I did receive a letter from the County Planning Board. I just want to reiterate something that the 130
gentleman just said that was speaking. He said that he didn’t think that the residents or the owners, I’m sorry, the 131
owners of the property that we are discussing now would appreciate a rezoning that would devalue their property and 132
I think that that’s something that every resident here is concerned about. It’s interesting that we’re concerned about 133
these particular parcels and the owners of them and worried about decreasing the value they have in their property 134
but I think it should be noted that rezoning these areas and putting in this development which is the goal here, is also 135
going to devalue the properties of the residents that are around those areas. Thanks. 136
137
Bob Bundschuh: I have a question if these go back to their old zoning and they’re allowed to develop independently, 138
two questions. Is water and sewer does the loop have to be supplied to them before they can do that and secondly, if 139
someone decided to develop again can you reiterate what steps they would have to take. Would it go through zoning 140
and then the County Commissioners again or since it is zoned does it just go to the zoning board? 141
142
Michael Harvey: I think I can answer that question. Any development of this property will have to be done in 143
compliance with the Orange County Unified Development Ordinance. Development would be under staff’s 144
administrative review, it would not go back to the Planning Board or the County Commissioners. If these properties 145
remain Settler’s Point, MPD-CZ it would also not have to go back to the County Commissioners or the Planning 146
Board it would develop under site plan review. There are standards in the Unified Development Ordinance dealing 147
with shared driveway access that any development on these properties would have to abide by, but the rezoning of 148
these parcels would mean that the concept access management strategy developed as part of the Settler’s Point 149
MPD-CZ would not have to be followed and from our standpoint, it is more appropriate to give these individual 150
property owners a path forward to development of their property as compliant with the various 18 or so pages of 151
conditions associated with the Settler’s Point MPD-CZ would be difficult for them to abide by. 152
153
Bob Bundschuh: And water and sewer? 154
155
Michael Harvey: I’m sorry sir; I forgot the water and sewer (question). These parcels are not intended nor are they 156
slated to be served by water and sewer. In order for any of these eight parcels to get water/sewer, it is my opinion 157
they would have to request annexation of the Town of Hillsborough. My apologies for that. This rezoning does not 158
somehow give them the ability to tap onto water/sewer inconsistent with what the Town’s original reaction was back 159
when Settler’s Point was being reviewed. 160
161
Franklin Garland: So, Mr. Harvey, it’s my understanding with these eight parcels and pretty much everything else out 162
there that what you decide goes and even though the ethics part of our webpage out here says that you can’t do that, 163
you just gonna railroad everything through no matter what as you saying this is not going to go to the Board of 164
Commissioners, what you’re doing right now. That they would have no say, they can’t tell you no, and hold on hold 165
on, I’m not done…. 166
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167
Michael Harvey: No sir, this Zoning Atlas amendment has to go to the County Commissioners for eventual approval, 168
the development of these properties, as individual parcels would be handled by the staff consistent with the 169
requirements of the Unified Development Ordinance as all permitted land uses would be handled. 170
171
Franklin Garland: Ok, so if you spending all this time and energy and all this money on it and all the people out here, 172
I can get 20 or 30 thousand people to go against what you’re trying to propose, you have wasted all this money and it 173
will go to the Board of Commissioners and they gonna say, well we agree with the community, maybe they will this 174
time. Apparently, you don’t. You don’t live here, I don’t know where you live, you know. I don’t know where the 175
Commissioners live, I don’t know where the rest of the Board lives but apparently they’re not being affected by this 176
because they could care less, including you, ok. I would really appreciate it if actually some of the Commissioners 177
and some of these planning people came and looked at these properties. I will gladly let you on my property and 178
show you what I mean. I have a drone I can fly over so you can see it because apparently you going by maps and 179
that’s good enough and that’s not good enough for the people that live here by the way. You know what’s good 180
enough is for you to leave us alone. 181
182
David Blankfard: Thank you Mr. Garland 183
184
Steve Kaufmann: Can I have video too. My name is Steve Kaufmann and I did receive a letter from the County for 185
this. First, let me introduce myself as a resident of Hillsborough for 25 years. I moved here to be a school teacher 186
here and I moved on Davis Road and like everyone else has spoken about Davis Road, I just love this road it’s like a 187
dream come true moving here and I opened up a martial arts school here. I’ve been teaching martial arts in 188
Hillsborough for 25 years also. Driving on Old 86 on my way to work, I saw some land for sale on the east side right 189
near 40 and I wanted to build a martial arts school so I purchased that land that was actually zoned for schools at 190
that time. Unfortunately, there as a moratorium for six months going on while I was purchasing it and once the 191
moratorium was over I was no longer able to build a school on it. So I’ve been waiting for 20 years and I had the 192
opportunity to have a school on it when Settler’s Point was approved because basically the codes changed a lot 193
during that time which they’re present still. Because of what Michael Harvey explained, it’s impossible for anyone to 194
do anything with that property given that everyone has to work together because there’s traffic ordinances and lots of 195
details that take lots of money to do anything within any of that property. So, I don’t want people to inflate those 196
properties on the east side with the this humongous thing that’s going on with the west side. They are very very 197
different things. I purchased this property exactly 20 years ago; I’m like a newcomer there. I purchased it from a 198
family who had lived there for generations and all my neighbors have lived there for generations, I mean, I’m 199
definitely the new guy there after 20 years. All those people have had property for many years and I don’t know what 200
they are planning to do with it but I don’t see anyone eager to build with it, they are just sitting on it, including myself 201
at the moment. We’re very very close to I-40 there’s already Dodson’s Construction is already a business right near 202
40 that’s been a business there ever since I’ve been there and that’s right next door to my house. Whatever is going 203
to go on there, those are like four to six acres lots. Once again, don’t inflate it with the these humongous warehouses 204
that are happening on the west side an especially that 12 acre lot on Davis Road which I’m definitely against. Those 205
are very very different things that are happening on the same night tonight so I just wanted to air my concerns. It 206
would definitely be a setback to me to have that as residential only, I purchased it to build the school on and I’ve 207
been struggling for 20 years to try to get a school on it and I’ve been in conversations with Orange County for 20 208
years about how to build a school on it and believe me it’s not easy to build anything in Orange County without going 209
through lots of red tape. If you are a very large building company and you have lawyers and you have architects and 210
you have designers and you have site planners and you have lots of money to work with you can get things done but 211
as a small mom and pop operation that I have it’s very very very difficult to get anything done so I just want to assure 212
you that there aren’t going to be all these things popping up on the east side of that street. There’s no water and 213
sewer there, it’s almost like it’s impossible to build there the land doesn’t perk well and we don’t have water and 214
sewer. It’s probably going to be sitting there for a good many years still. Ok, that’s all I have to say, thank you very 215
much. 216
217
Craig Benedict: Michael Harvey, can you confirm that these rezonings would facilitate him being able to do 218
something on his property besides the Settler Point district two. 219
220
Michael Harvey: Yes, as I alluded, if the rezoning is approved then development of the individual parcels would have 221
to be compliant with the County Unified Development Ordinance but they would be developed and could be 222
8
developed independently from one another consistent with applicable standards including the Table of Permitted 223
Land Uses contained in Section 5.2. 224
225
Perdita Holtz: Franklin Garland has put his hand up for a second time; it will be up to the Board whether you want to 226
allow additional comments from Mr. Garland. 227
228
David Blankfard: I don’t think we need to hear anything else from Mr. Garland on this agenda item. 229
230
Gerald Scarlett: I’m Gerald Scarlett again from West Scarlett Mountain Road. I just have a quick question. I think I 231
know the answer but I want to make sure. Item 9 on the agenda, the only thing that is doing is reverting the zoning 232
for the property on the east side of Old 86 back to its previous zoning before the development for Settler’s Point, is 233
that correct? 234
235
Michael Harvey: You are correct sir. 236
237
Gerald Scarlett: Thank you. 238
239
Randy Marshall: Ready to make a motion if that’s the desire of the Planning Board. 240
241
David Blankfard: Yes 242
243 MOTION by Randy Marshall this would be an ordinance amending the Orange County Zoning Atlas as established in 244
Section 1.2 of the Orange County Unified Development Ordinance and whereas the proposed rezoning consists of 245
the eight property owners and whereas the proposal has been found to be consistent with the 2030 Orange County 246
Comprehensive Plan and whereas the requirement of Section 2.8 of the UDO have been deemed complete and 247
whereas the Board has found that the proposed zoning atlas amendment to be reasonably necessary to promote the 248
public health, safety, and general welfare, we recommend that the Board of County Commissioners rezone the areas 249
described above and depicted on the attached maps. 250
251
Michael Harvey: Chair Blankfard, this is Michael Harvey, can I ask for a clarification. Randy so your motion is that 252
you make a recommendation to approve the Statement of Consistency as contained in attachment 3 and the 253
proposed ordinance, which you have just summarized as contained in attachment 4 to the County Commissioners, is 254
that correct? 255
256
Randy Marshall: My presumption was we had already approved the attachment 3 by our earlier vote and I was 257
recommending approval of attachment 4. 258
259
Michael Harvey: No sir, this is a different item, so it’s both items. 260
261
Randy well then I recommend both 3 and 4. 262
263
MOTION by Randy Marshall to recommend approval of the Statement of Consistency and the ordinance amending 264
the Orange County Zoning Atlas. Seconded by Hunter Spitzer. 265 266
ROLLCALL VOTE: 267
Carrie Fletcher: Yes 268
Adam Beeman: Yes 269
Hunter Spitzer: Yes 270
Melissa Poole: Yes 271
Randy Marshall: Yes 272
Kim Piracci: Yes 273
Susan Hunter: Yes 274
Alexandra Allman: Yes 275
David Blankfard: Yes 276
Patricia Roberts: Yes 277 278
9
MOTION PASSED UNANIMOUSLY 279 280
281
10
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant initiated amendment to the Zoning Atlas to rezone 3 parcels as follows:
Parcel
Identification
Number
(PIN)
Township Owner of
Record
Current Zoning District Proposed Zoning District
9863-71-8857 Hillsborough Suzanne
McGrady
Master Plan Development
Conditional Zoning (MPD-
CZ) Settlers Point;
Major Transportation
Corridor (MTC) Overlay
District
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Major Transportation Corridor
(MTC) Overlay District.
9863-91-6573 Hillsborough Christy Bailey
– ETAL
John Clayton
Master Plan Development
Conditional Zoning (MPD-
CZ) Settlers Point;
Economic Development
Hillsborough Limited
Office (EDH-2) - north of
Interstate 40
Major Transportation
Corridor (MTC) Overlay
District
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Economic Development
Hillsborough Limited Office
(EDH-2) – north of Interstate
40
Major Transportation Corridor
(MTC) Overlay District.
9862-99-8894 Hillsborough Facility Care
Services Inc.
Rural Residential (R-1)
Rural Buffer (RB) –
approximately 26,000
sq.ft. along Davis Road
Master Plan Development
Conditional Zoning (MPD-CZ)
Research Triangle Logistics
Park;
Rural Buffer (RB) –
approximately 26,000 sq.ft.
along Davis Road
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 LU-1.1: Coordinate the location of higher intensity / high
density residential and non-residential development with existing or
planned locations of public transportation, commercial and
community services, and adequate supporting infrastructure (i.e.,
Attachment 8
11
water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable
densities and creating new mixed-use zoning districts where
adequate public services are available. (See also Economic
Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and
Wastewater Objective WW-2.)
The atlas amendment is consistent with this goal and
objective with the approval of a rezoning of property creating a
district allowing for the development of high density non-
residential land uses in an area of the County designated for
the location of adequate supporting infrastructure (i.e. water
and sewer).
c. The amendment is reasonable and in the public interest because it:
1. Expands economic development prospects within the County while
continuing to protect adjacent and nearby land uses.
The atlas amendment involves the approval of a master plan
establishing a detailed list of allowable non-residential land uses to
aid in the marketing on an area designated within the
Comprehensive Plan as being suitable for high intensity non-
residential development.
The expansion is consistent with County and Town of Hillsborough
plans outlining those parcels suitable for service by water/sewer
that are prime for high intensity non-residential development.
Further, the approved master plan establishes mandatory land use
buffers and setbacks for development within the project to ensure
off-site impacts are mitigated.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed Zoning Atlas amendments.
______________________ ________________________
David Blankfard, Chair Date
09.09.2020
12
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
A Planning Director initiated amendment to the Zoning Atlas to rezone 8 parcels as follows:
Lot
Number
Parcel
Identification
Number (PIN)
Township Owner of
Record
Current Zoning District Proposed Zoning District
1 9873-11-4636 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
2 9873-11-7506 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
3 9873-11-5415 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
4 9873-11-9450 Hillsborough Paul Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
5 9873-11-7247 Hillsborough Cathy Fuquay
Cynthia Bessoir
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
6 9873-10-7937 Hillsborough Steven and
Jesse Kaufman
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
7 9873-10-4310 Hillsborough Beatrice Brooks Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Rural Residential (R-1)
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
Rural Residential (R-1)
8 9873-20-2388 Hillsborough Robert and
Lucille Ayers
ETAL
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Office/Retail
(EDH-4)
Major Transportation Corridor
(MTC) Overlay District.
Attachment 3
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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.
The atlas amendment is consistent with this goal and objective as it
eliminates the need for the parcels to comply with development criteria
associated with a previously approved Master Plan Development
Conditional Zoning (MPD-CZ) district. This district, commonly referred to as
Settlers Point, is being modified. These 8 parcels will have difficulty meeting
established development conditions/standards due to the proposed
modification. By rezoning these parcels, the County will be providing
opportunities for each lot to be developed consistent with applicable County
land use standards as embodied within the UDO.
c. The amendment is reasonable and in the public interest because it:
1. Modifies existing non-residential zoning designations in an effort to provide
each property owner with an opportunity/path forward for the reasonable
development of their property.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
______________________ ________________________
Penny Rich, Chair Date
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Rezoning Proposal: These 8 parcels are zoned MPD-CZ
and were approved as part of the Settlers Point
application (i.e. District 2). Staff is recommending these
parcels be rezoned consistent with their original
designations (i.e. EDH-2 or EDH-4).
This will return the parcels to their original zoning (i.e. the
zoning that existed prior to the approval of the MPD-CZ)
and allow development consistent with the provisions of
the UDO.
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Ordinance #: ORD-2020-021
1
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:
Lot
Number
Parcel
Identification
Number (PIN)
Township Owner of
Record
Current Zoning District Proposed Zoning District
1 9873-11-4636 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
2 9873-11-7506 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
3 9873-11-5415 Hillsborough Michael Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
4 9873-11-9450 Hillsborough Paul Dodson Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
5 9873-11-7247 Hillsborough Cathy Fuquay
Cynthia Bessoir
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
6 9873-10-7937 Hillsborough Steven and
Jesse Kaufman
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
7 9873-10-4310 Hillsborough Beatrice Brooks Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Rural Residential (R-1)
Economic Development
Hillsborough Limited Office
(EDH-2)
Major Transportation Corridor
(MTC) Overlay District.
Rural Residential (R-1)
Attachment 4 16
8 9873-20-2388 Hillsborough Robert and
Lucille Ayers
ETAL
Master Plan Development
Conditional Zoning (MPD-CZ)
Settlers Point;
Major Transportation Corridor
(MTC) Overlay District
Economic Development
Hillsborough Office/Retail
(EDH-4)
Major 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 UDO 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
___________________, 2020.
I, Greg Wilder, Interim 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 ________________________, 2020 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 ______________, 2020.
SEAL __________________________________
Interim Clerk to the Board of Commissioners
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