HomeMy WebLinkAboutAgenda - 04-20-2021; 8-d - Decision on Future Land Use Map (FLUM) and Zoning Atlas Amendment – Richardson (MA20-0006) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 20, 2021
Action Agenda
Item No. 8-d
SUBJECT: Decision on Future Land Use Map (FLUM) and Zoning Atlas Amendment —
Richardson (MA20-0006)
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Statement of Consistency Craig Benedict, Director, (919) 245-2592
2. Ordinance on Rezoning Michael D. Harvey, Planner III (919) 245-2597
PURPOSE: To take action on Comprehensive Plan Future Land Use Map (FLUM) and Zoning
Atlas amendments for a 2.72 acre parcel of property, further identified using Orange County
Parcel Identification Number (PIN) 9873-54-6387, owned by Ms. Gary Carleen Richardson:
FROM: Rural Residential (R-1); Stoney Creek Basin Overlay District (Higher Intensity
Development Area)
TO: General Commercial (GC-4); Stoney Creek Basin Overlay District (Higher
Intensity Development Area)
As part of this submittal, the applicant is requesting the FLUM designation of the property be
changed from Rural Residential to Commercial Industrial Transition Activity Node (CITAN).
BACKGROUND: The public hearing was held on April 6, 2021 . The BOCC closed the hearing
and authorized commencement of the written comment period, which closed at 9:00 a.m. on
April 8, 2021. No written comments were received by the Planning staff. The BOCC will not
be accepting any further public comment on this item.
Agenda materials from the public hearing can be accessed at:
http://server3.co.orange.nc.us:8088/WebLink/Browse.aspx?dbid=0&startid=63561&row=1&cr=1
Video from the meeting can be accessed at:
https://www.orangecountync.gov/967/Meeting-Videos.
During the meeting, the following comments/issues were raised:
1. A Board member suggested a comprehensive re-assessment of existing economic
development areas and the availability of public utilities be completed to address
inconsistencies;
2. It was recommended staff work with the Town of Hillsborough to determine if the subject
property could be included within identified water/sewer service areas thereby allowing
for approval of the request.
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Planning Director's Recommendation: The Planning Director continues to recommend the
request be denied due to the following:
a. Extension of the Commercial Industrial Transition Activity Node (CITAN) is not viable at
this time as the property cannot be provided with public water and wastewater services;
b. The requested rezoning (i.e. R-1 to GC-4) cannot be approved without the extension of
CITAN;
c. The requested rezoning is inconsistent with the current policies of the adopted County
Comprehensive Plan, the Town of Hillsborough/Orange County Central Orange
Coordinated Area (COCA) Land Use Plan and the Water and Sewer Management,
Planning and Boundary Agreement (WASMPBA);
d. Existing agreement(s) between the County and the Town of Hillsborough do not identify
this property as being suitable for high intensity residential and/or non-residential
development.
If amendment(s) to COCA and WASMPBA occur, specifically making the subject parcel suitable
for service by public utilities, staff could make an affirmative recommendation on requested
future land use map and rezoning amendments. These amendments would have to occur
before such a recommendation could be made.
Effect of Denial or Withdrawal: In the event the rezoning application is denied or withdrawn, it
should be noted that Section 2.2.8 of the UDO states that no application for the same or similar
amendment, affecting the same property or portion thereof, may be submitted for a period of
one year. The one year period begins on the date of denial or withdrawal.
FINANCIAL IMPACT: Various County departments have reviewed the request and determined
its approval or denial 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,
were paid by the applicant in accordance with the adopted Orange County Fee Schedule.
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: The Manager recommends the Board table action on the request until
the BOCC's first Business meeting in June of 2022 and direct Planning staff to:
1. Meet with the Town of Hillsborough staff to ascertain viability of modifying the Town of
Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land Use Plan
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and the Water and Sewer Management, Planning and Boundary Agreement
(WASMPBA) allowing the parcel to be served by public utilities; and
2. Develop a timeframe for the necessary amendments to be completed by the applicant;
3. Coordinate the submittal of required amendment requests between the applicant and
Town of Hillsborough staff.
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Attachment 1
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas to rezone a parcel as follows:
Parcel Owner of
Identification Township Record Current Zoning Proposed Zoning
Number (PIN)
• Rural Residential General Commercial
(R-1); (GC-4);
Ms. Gary • Stoney Creek Basin
9873-54-6387 Hillsborough Carleen Stoney Creek Basin
Richardson Overlay District Overlay District
(Higher Intensity (Higher Intensity
Development Area) Development Area)
The BOCC finds:
1. The requirements of Section 2.8 of the UDO have been deemed complete; and,
2. Pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section(s) 1060D-604(d) and
160D-605 of the North Carolina General Statutes, the Planning Board finds sufficient
documentation within the record denoting that the amendment is not consistent with
the adopted 2030 Comprehensive Plan based on the following
a. The General Commercial (GC-4) is not an allowable general use zoning
designation within the Rural Residential land use category as defined within the
adopted Comprehensive Plan. The applicant requested the land use designation
of the property be changed from Rural Residential to Commercial Industrial
Transition Activity Node (CITAN) allowing the parcel to be rezoned to GC-4.
The CITAN is defined within the adopted Comprehensive Plan as:
Land near major transportation routes that could be provided with
public water and wastewater services and is appropriate for retail
and other commercial uses; manufacturing and other industrial
uses; office and limited (not to exceed 25% of any Node) higher
density residential uses.
b. Per Appendix G Land Use Classification and Overlay Locational Criteria of the
Comprehensive Plan, CITAN is intended for location in areas meeting specific
criteria including, but not limited to:
i. Areas currently, or could be reasonably and efficiently, served by
centralized public services and utilities (i.e. water/sewer);
Staff has determined the subject parcel is not located in an area currently or
planned to be served by public utilities (i.e. water/sewer).
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As a result, the parcel is not suitable for location within CITAN at this time as it
does not comply with locational criteria.
c. Denial of the request is reasonable and in the public interest because it:
i. Ensures consistency with applicable location criteria as detailed in
Appendix F of the adopted Comprehensive Plan; and
ii. Achieves the desired/coordinated pattern(s) of development consistent with
existing inter local agreements and adopted joint land use plans between
the County and the Town of Hillsborough.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Renee Price, Chair Date
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ORD-2021-008
Attachment 2
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by
Ms. Gary Coleen Richardson (hereafter `the Applicant') seeking to amend 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; and
Parcel Owner of
Identification Township Current Zoning Proposed Zoning
Number (PIN) Record
• Rural Residential • General Commercial
(R-1); (GC-4);
Ms. Gary . Stoney Creek Basin
9873-54-6387 Hillsborough Carleen . Stoney Creek Basin
Richardson Overlay District Overlay District
(Higher Intensity (Higher Intensity
Development Area) Development Area)
hereafter`the Property'; and
WHEREAS, the requirements of Section 2.8 of the UDO have been deemed
complete, and
WHEREAS, the proposal has not been found to be consistent with the 2030
Orange County Comprehensive Plan, and
WHEREAS, the Board has not 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
request to amend the Orange County Zoning Atlas is hereby denied.
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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
, 2021.
I, Laura Jensen, 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 , 2021 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
2021.
SEAL
Clerk to the Board of Commissioners