HomeMy WebLinkAboutAgenda - 06-07-2022; 8-f - Table Application for Future Land Use Map and Zoning Atlas Amendment – Richardson (MA20-0006) – NC Highway 86 South, Near Fletcher Road 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 7, 2022
Action Agenda
Item No. 8-f
SUBJECT: Table Application for Future Land Use Map and Zoning Atlas Amendment —
Richardson (MA20-0006) — NC Highway 86 South, Near Fletcher Road
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Map of Parcel and Surrounding Future Perdita Holtz, Special Projects & GIS
Land Use Classifications Supervisor, (919) 245-2578
2. 2021 Correspondence
3. Letter from Applicant
PURPOSE: To further table action to a date/time certain 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)
The parcel is currently undeveloped so it does not have an assigned address. As part of this
submittal, the applicant is also requesting the FLUM designation of the property be changed
from Rural Residential to Commercial-Industrial Transition Activity Node (CITAN). The map in
Attachment 1 depicts the location of the parcel and nearby FLUM classifications.
BACKGROUND: At its April 20, 2021 Business meeting, the Board of County Commissioners
tabled this rezoning application and its associated ordinance amendment document (ORD-
2021-008) to the first Business meeting in June 2022 to allow staff to meet with Town of
Hillsborough officials and determine options and alternatives.
Minutes from the April 6, 2021 public hearing are available at:
http://server3.co.orange.nc.us:8088/weblink/0/doc/64381/Pagel.aspx and the agenda abstract/
materials can be viewed at:
http://server3.co.orange.nc.us:8088/WebLink/0/doc/64161/Pagel.aspx.
Minutes from the April 20, 2021 business meeting are available at:
http://server3.co.orange.nc.us:8088/weblink/0/doc/64601/Pagel.aspx and the agenda abstract/
materials can be viewed at:
http://server3.co.orange.nc.us:8088/weblink/0/doc/64234/Pagel.aspx
Planning staff met with Town of Hillsborough representatives in June 2021 and the Town issued
the letter included in Attachment 2 which was conveyed to the applicant in October 2021. As
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the letter from the Town indicates, the Town is currently evaluating its municipal utilities system
as part of its Comprehensive Sustainability Plan (which is estimated for completion in late 2022
or early 2023). Town staff does not anticipate the utility system analysis will recommend
expansion of its utility boundary in any areas and it may show that the utility boundary should be
further confined.
In a letter dated April 5, 2022, but postmarked May 5, 2022 and sent to the County Manager via
certified mail, the applicant requested a six (6) month extension on a decision (see Attachment
3). The Board of County Commissioners (BOCC) must take action to table the application to a
date/time certain so the applicant will not incur added costs for additional legal advertisements
and mailed notifications. The proposed date to take action on the application is the December
5, 2022 BOCC Business meeting.
FINANCIAL IMPACT: There are no costs to the County to table action on the rezoning
application to December 5, 2022.
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 application to
the December 5, 2022 BOCC Business meeting.
Parcel Requested for Future Land Use Map & Zoning Amendments
with Surrounding FLUM Depicted
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PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning - 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
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October 19, 2021
Gary Carleen Richardson
PO Box 4186
Burlington NC 27215
Re: UPDATE – Rezoning of property on NC Highway 86 S
(PIN 9873-54-6387)
Dear Ms. Richardson:
As you know, Orange County staff has been working with you on a Zoning Atlas
Amendment (ZAA) for a parcel of property off NC Highway 86 within the Hillsborough
Township of Orange County. Specifically, the request involves rezoning a 2.5 acre
parcel of property, further identified utilizing Orange County Parcel Identification
Number (PIN) 9873-54-6387:
FROM: Rural Residential (R-1)
TO: General Commercial (GC-4)
The parcel is currently undeveloped and heavily wooded, with approximately 360
ft. of frontage along NC Highway 86 (hereafter `the Property').
As you are already aware, staff determined the rezoning request was
inconsistent with the County's Comprehensive Plan as well as other applicable planning
documents including, but not limited to:
a. The Water and Sewer Management, Planning, Boundary Agreement
(WASMPBA); and
b. The Town of Hillsborough/Orange County Central Orange Coordinated Area
(COCA) Land Use Plan.
Our recommendation, regrettably, had been to deny the request.
As we previous indicated, amendment(s) to COCA and WASMPBA could occur
making the Property suitable for service by public utilities. In that event, staff could
make an affirmative recommendation on requested future land use map and rezoning
amendments as you proposed.
5
At its April 20, 2021 regular meeting, the Orange County Board of
Commissioners (BOCC) tabled action on the ZAA until June 15, 2022 asking staff to
meet with the Town of Hillsborough officials and discuss various options and
alternatives.
The purpose of this letter is to provide you with an update on our efforts,
specifically:
1. County staff met with Town of Hillsborough officials on June 15, 2021.
Town officials agree with County staff the request, as submitted, is inconsistent
with various plans. Most notably, the request is inconsistent with the COCA land
use plan outlining the anticipated/desired growth in the area. They maintain their
previously issued negative recommendation on the rezoning request;
2. Town officials agree in order for the rezoning, as submitted, to be approved
COCA amendments would be necessary indicating the property was viable for
non-residential development;
3. Town officials have begun a comprehensive review of their utility service area.
This review, which is part of the Town's Comprehensive Sustainability Plan and
take approximately 18 months, might result in a reduction of the overall area
supported by public water and sewer service(s).
This may impact the ability for the subject parcel to receive utility service from the
Town.
NOTE: This assessment is not part of an on-going effort to study and/or
re-evaluate the COCA boundary.
For more information, please see the Town's formal response contained in
Attachment 1.
From our standpoint, you have the following options to move forward with the
rezoning of the Property:
i. Begin the process of working with County and Town staff to amend the
COCA land use plan to include the Property as being viable for non-
residential zoning/development and service by public utilities;
ANTICIPATED TIMEFRAME: 6 to 9 months (i.e. amendment will
need approval by both Town and County elected officials)
ii. Amend County planning document(s) to address the utility requirements
for the rezoning, specifically:
a. Comprehensive Plan: Amend the Plan by removing existing language
requiring location of the Commercial Industrial Transition Activity Node
(CITAN) in areas intended for service by public utilities (i.e. water and
sewer);
b. Amend Section 3.4 Conventional Commercial Districts — General
Commercial (GC-4) of the Unified Development Ordinance (UDO) by
removing existing language requiring GC-4 general use zoning district
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to be located in areas where public utilities (i.e. water and sewer) are
available or can be available.
ANTICIPATED TIMEFRAME: 4 to 5 months (i.e.
amendment will need approval by County elected officials.
Town of Hillsborough officials will be asked to comment as
part of our courtesy review program.)
Please feel free to contact my staff, specifically Mr. Michael Harvey, if you have
any questions or concerns. Mr. Harvey can be reached via email at
mharvey@orangecountync.gov or at (919) 245-2597.
Since y,
Craig die edict, AICP
Planning Director
Orange County
CC: Board of County Commissioners
Travis Myren, Deputy County Manager
Michael D. Harvey, Current Planning Supervisor
James Bryan, Staff Attorney
Tom Altieri, Comprehensive Planning Supervisor
Margaret Hauth, Assistant Town Manager- Town of Hillsborough
Shannon Campbell, Planning and Economic Development Manager
—Town of Hillsborough
File
7
June 24, 2021
Craig Benedict
Planning Director—Orange County
P.O. Box 8181
Hillsborough, NC 27278
RE: Richardson Rezoning follow-up
Dear Craig,
Thank you for meeting with me on June 15. 1 understand that the county has delayed action on this rezoning until June
of 2022.
The town takes our commitment to both the Central Orange Coordinated Area (COCA) and the Water and Sewer
Management, Planning, and Boundary Agreement(WASMPBA)seriously.These documents provide a clear delineation
of expectations for town services and utilities and help provide consistency over time.
Your inquiry related to the Richardson rezoning request was about possibly expanding our service area.The town has
recently undertaken some system analysis and planning for both wastewater and water. Preliminary results indicate we
may not be able to serve the area currently defined as our primary service area in both agreements without significant
capital investments.
The town agrees with the county staff's assessment that the request is inconsistent with these adopted plans. Rezoning
property for development that would rely upon municipal utilities when those utilities are not available does not provide
clear and meaningful direction to the property owner.
The town has also just begun a Comprehensive Sustainably Plan process,estimated to take about 18 months.This
process is being led by Public Space Manager Stephanie Trueblood and Economic Development Planner Shannan
Campbell. My role is support only in light of my planned retirement in early 2023.As we get deeper into that process,
we will have additional system data and should be able to confirm whether the current boundary is reasonable or
should be further confined.We do not anticipate our system analysis will recommend expansion of the boundary in any
areas.
Should the county desire the town's assistance in reaching economic development goals through utility extensions,the
town would likely entertain discussion about how capital contributions from the county might make such participation
possible.This topic could also be discussed during our planning process.
Please contact me with any questions.
Sincerely, War�
Margaret A. Hauth,AICP
Planning Director/Assistant Town Manager
919.296.9471
margaret.hauth@hillsboroup,hnc.pov
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