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Home My WebLink AboutAgenda - 06-04-2024; 5-b - Zoning Atlas Amendment – 3009 Forrest Ave., Efland, Cheeks Township 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 4, 2024 Action Agenda Item No. 5-b SUBJECT: Zoning Atlas Amendment — 3009 Forrest Ave., Efland, Cheeks Township DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Application, including Map of Land Cy Stober, Planning & Inspections Director, Proposed for Rezoning and (919)245-2592 Supplemental Materials 2. Staff Report 3. Notification Materials and Certification 4. Project Correspondence and Development Advisory Committee Comment(s) 5. Excerpt of Draft May 1, 2024 Planning Board Minutes and Signed Statement of Consistency 6. Statement of Consistency 7. Draft Ordinance PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and public comments, close the public hearing, and take action on an applicant-initiated Zoning Atlas Amendment to rezone two (2) parcels totaling +/- 9.37 acres (PINs: 9854-18-4217 and 9854- 18-9274) located at 3009 Forrest Ave., Efland, Cheeks Township. The proposed rezoning is: FROM: R-1 (Rural Residential) TO: GC-4 (General Commercial) BACKGROUND: On February 13, 2024, a Conventional Zoning Atlas Amendment application (Attachment1) was received proposing to rezone two parcels totaling +/- 9.37 acres at 3009 Forrest Ave., Efland. The Staff Report in Attachment 2 contains additional information, maps, and analysis. Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment 1), and Section 2.8 of the Unified Development Ordinance (UDO), submittals are required to contain: 1. A completed/signed Zoning Atlas Amendment application; 2. A map, at a legible scale, showing the land proposed for rezoning; 3. A detailed narrative denoting the following: 2 a. The existing zoning of the subject property and the requested zoning, as defined in Article 3 of the UDO; b. The current land use designation of the subject property consistent with the Orange County Comprehensive Plan and Future Land Use Map (FLUM), which can be accessed utilizing these links. c. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request; d. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable and necessary to promote the public health, safety, and general welfare; e. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive Plan. 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule. Basic Review Process: A conventional district rezoning application requires submission of a detailed area map and other documents, in accordance with Section 2.8.3(A) of the Unified Development Ordinance (UDO). A site-specific plan is not required for conventional rezoning applications and conditions cannot be applied to an approval action. The typical cadence for the review is as follows: • FIRST ACTION — Submission of an application with required supporting documents by the property owner. STAFF COMMENT: The applicant submitted an application and documents on February 13, 2024, Attachment 1. • SECOND ACTION — Staff holds a Development Advisory Committee Meeting. STAFF COMMENT: The Development Advisory Committee Meeting was held on March 21, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this review are available in Attachment 4. • THIRD ACTION — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. STAFF COMMENT: The Planning Board reviewed this application at its regular meeting on May 1, 2024. • FOURTH ACTION — The BOCC receives the Planning Board and staff recommendations at an advertised public hearing and makes a decision on the application. STAFF COMMENT: The public hearing is scheduled for June 4, 2024. Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on May 21, 2024, 16 days before the meeting. Staff also posted the subject parcel with signs on May 21, 2024, 16 days before the meeting. Attachment 3 includes the notification materials. Planning Board Recommendation: The Planning Board reviewed the proposed amendments at its May 1, 2024, regular meeting. At this meeting the Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 6) and the proposed Ordinance (Attachment 7). 3 Excerpts of the minutes from the meeting, as well as the Board's signed statement of consistency, are included in Attachment 5. Agenda materials from the May 1, 2024, Planning Board meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the conventional rezoning application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning change on the County's adopted Zoning Atlas, as contained in Attachment 7. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined that the approval 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 by the application fee. 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. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments (Attachment 7). OR Vote to Deny the Zoning Atlas Amendments, including a statement as to why the application is not reasonable and/or not in the public interest. Attachment 1 -Grp�'•�cry . 13- v f- 1 4 Orange County Planning & Inspections Department ORANGE COUNTY 131 W. Margaret Lane,Suite 200, Hillsborough, NC 27278 NOW11-1 CAROLINA 919-245-2575 or Planningapps(o�oranaecountvnc.gov Zoning Atlas Amendment— Rezoning Application Please check all appllcabie boxes and complete the required documentation.Additional information and submittal requirements are contained in Sections 2.8 and 2,9 of the Unified Development ordinance(UDO). If compieting by hand, please use Eaeic or blue ink. Date: 05-02-2023 Rezoning Request:X Conventional District❑ Conditional District Contact Information Property owner(s): Efland Ruritan Club Mailing Address: P.O. Box 250 Efland NC 27302 Phone: 919-730-0174 Email: eflandruritans@gmail.com Applicant (if different than properiyowner): Anthony Cecil ( President Efland Ruritan Club) Mailing Address: 5229 US 70 Mebane NC 27302 Phone: 919-730-0174 Email: cheezy174@gmail.com Property Information Parcel ID Number(PIN): 9854184217 V -04� 7o{a�Acrbage: q.3 Zacres Address: 3009 Forrest Ave Efland NC 27243 & 3100 Forrest Ave Efland NC 2* Future Land Use Map Classification: Commercial Industrial Transtion Current Zoning Designation: Rural Residential(R1 ) Requested Zoning Designation: General Commercial 4 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. Cather Submittal Requirements Conventional District Rezoning Application Based on Section 2,8.3 of the Unified Development ordinance (UDa): El 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. E A legal description of the property(s) proposed for rezoning. ❑'' A list showing the names and addresses of all adjacent property owners within 1000-feet of the subject property. ❑`' A detailed narrative denoting the following: i. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request. Page 1 of 2 5 ii. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable necessary to promote the public health, safety, and general welfare. iii. How the proposed amendment is consistent with, or carries out the intent and purpose of the adopted Orange County Comprehensive Plan, or part thereof. Q The filing fee per the adopted Orange County fee schedule. Conditional District Rezoning Application Based on Section 2.9.2 (C) of the Unified Development Ordinance (UDO): ❑A site plan prepared in accordance with the provisions of Section 2.5 of the UDO. Applications for a Master Plan Development (MPD) Conditional District (CD) shall adhere to the site plan preparation requirements outlined in Section 6.7 of the UDO, ❑All CD applications, regardless of type, shall include a detailed landscape plan showing the location of on-site significant trees; proposed screening, buffers, and landscaping; and any proposed treatment of any existing natural features. ❑A detailed description of the proposed use of property including an outline of the proposed development. This will include a detailed summary of proposed utility services, The utility service plan for applications for a Home Park (HP) CD shall specify if the proposed services are temporary or permanent connections. ❑A detailed traffic survey, regardless of estimated daily trips, prepared in accordance with North Carolina Department of Transportation requirements and Section 6.17 of the UDO. El The appropriate environmental document(s) prepared in accordance with Section 6.96 of the UDO. ❑A schedule of construction of all elements of the proposal. ❑ Other information identified during the pre-application conference deemed essential to demonstrate the project's compliance with these regulations. The filing fee per the adopted Orange County fee schedule. Certification and Signatures 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 it guarantee an approval of the proposed atlas amendment by the County. Efland Ruritan Club Anthony Cecil Owner Signature(s) Applicant Signature (if different from owner) 02-13-2024 02-13-2024 Date I,3_� date 2 Page 2 of 2 d - z rj t W ' co - 9854280393 �C1:fZ��1 70 LU K 4 9854,180304° NC2 ANDY LLOYD LAN© DB 56821PG 337 'INVESTMENT CO LLC� 9$541$9274 NG2 , Ncz 9854184217 RUR TAN DB 5517/PG 453 NC2 9854184217 EF�AND CLUB �'' '' EFLAND RURITAN CLUB RURI_TAN R1 R1 c CLUB DB 407IPG 404 sa54281to7 QB 4$51PG 120 O R1 BRICIA KRISTELY C ' Q$485IPCa 120 ET AL DIAZ&DULGE � MARIA LOPEZ DIAZ via - R4 R1 W DB 63911PG 147 GY�/l RD `t 9854089170 6U" RAW L ©ORISIE CHARL€NECECIL 9854173499 R1 JAMES H NICHOLSON DB 5971PG 430 &RENEE H NICHOLSON 9854282060 9854189274 PHER T SMITH 9854181001 R1 — CHRIST© DB 64261Pe 220 EFLAND_RU_RITAN_CLUB 8 HEATHER N SMITH HOWARD BENTLY JR R1 R11AR CECIL&EUELYN M CECIL 9854172953 9854175987 Rt ANDREW B WILLIAM EDWARD CRABTREEi DB 4071PG 404 DB 59901PG 3t _ DB 5821PG 522 LLOYD JR& BANN N CRABTREE --_ R1 Rt I DB 5517/PG 453 DB 3751PG 468 - FORRESTAI/E —_ 98542{74714 NORTH CAROLINA RAILROAD COMPANY& R 11AR SOU7H� ,N D BK 6672/PG 2186 - - Q Parcels to be Rezoned -- - --- - Elland Inkerstate Zoning Overlay Elland Village Zoning Overlay F�2t Q Zoning 15© FILED flaowwr*322 P&GE#3 nu 382 MAR 2 o4E I -_RE "'NYES OF LEEDS COUNTY,14.C- TUX Recording Time.Books&M Pogo ZzcL1s Tax Lot No.-- ...............-..................................... ........... Parcel Identifier No_........... .............. Verified by............. ............ ............... County on the day of...................... ......... 19............ • by ...............- .....................I.......11--l.....1-1.1................ ....................... ...................---........... ------—....... ................. ---- --- NMI niter recording to A. B. Lloyd, Jr.. Rt. #1, Efland, N. C. 27243 .... ....... ...... ............................................................. .........--......................... ...........—11-1-1.................. ....... ......................--............ ............................................................. ............ This instrument was prepared by . .....THARRIN.GTON SMITH, fi- HARGROVE................. ........I................. .......... .... ..... Brief description for the Index [8.25 Ac. F Cheeks Township NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this...4th...... day of 19$2 by and between GRANTOR GRANTEE Orange County Board of Education Robert B. Nichols, Turner J. Forrest, 200 East King Street Charles A. Brown and Andrew B. Lloyd, Hillsborough, N. C. 27278 Jr., Trusteesof Efland Ruritan Club, an unincorperaled-associaMn Route fl, Efland, N. C . 27243 4 sad•if pprLRie,character of entity,wj.corporation or wtnorimw Enter in appropriate black for each party: �c.address, 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 itl,,t,dV,?hr,Cit.of Hillsborough Cheeks Township, Prange County,North Carolina and more particularly described as follows: See description in attached Exhibit A. N.C.Bar Al,o Form Na.39 1976,ReVUed S971. Book 382 8 32 , 551 The property hereiriabove described was acquired by Grantor by instrument recorded in .. A map showing the above described property is recorded in Plat Book 35 ,, _ ..._ page ...115 ...... , TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to a 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 Grantor 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: Ad valorem taxes for the year 1982 and subsequent years. IN WITNESS WHEREOF, the grantor has llerenoto Set his hand and semi, or it corporate.has caused tbu Instrument to be signed ita His cueprate fume by ita dWY authorized officers and its seal to be hersunso affixed by authority or its Board of olreetort, by day and Year time shave written. €4 Sr - .t 't• Orange County Board of Education --------------------------- (Corporate --(Corporate Name) H7 -.4:�_• -f_.-s_ -- -•�'� 1...--------------- - _ - A-- -._SEAL) - -- - r r 4I Oscar A,.-Comptor7Ei6�tt ATSET: --------------(SEAL) r� _ siteretary(corporate Scali --------------------------(SEAL) YiORTH CAROLINA, __._. t "= - C4vntY. 9aAL-s^rwarF ------------ -- �,•d x 1. a Notary Pu He or the County and State aforesaid, certify that ---e^'- .' .1 - - d ^ae personally appeared before me this day and acknowledged theexecutionof thr foreieinr initrnnlentt')meas MY anand and official stamp or star.this. T day.-------T_ly��------------------ MY""mission expires: .1Q _ ._____.._=.`-'--______ .- .!'�C- •r�- -eel--•.__ Notary public •-.{}raA$B._______________.__Count SEAfreT.iM�, NORTH CAROLINA, Y• e•/. ` pra,..rr�'77,�,�.,, ��** - ;• �..•••.,,•�';� 1,a NtNarY Panne of the County and State afvtesald, certify that _A�w__ia�Jlt=__r2�..}�tiQn�rf-..--------••-. .:• +f '• « personally came before me[his day and acknowledged chat--__he la ------------------------- Education ______-----------------• Secretary of „.•� Educat ion r, ._Qranjge__'f...(�(}pft.y_BO,ard..O.f_ _____-__ orHl crrrnna rorporatton.And that ay authority duly seri -s giYen and as lbs set o1 the corporation,the foregoing instrument was signed in its name by its t=fs r ].9@YdWA seated with its corporate seal and attested hY him-----as Its seeretary. r Witness my head and official stamp or seat,this---L-__day of_____;;*--i ''K�.�--____,IS_82-___. '; �.�.•_.. ,fes y/��}J• i 14Y commission expires:_ -�'-+__ f- Lt-C--_____-__ ____ ______ •-_ _ _ ______ Notary Putpuc The foregotn.g cernficate(ti)of _..___.------ is,*X certified to be Sorr"t.Th instrument and this rUntitt�e re duly ree•atered at the date and time and in the.Book and Page shown on the first peer hereof. This the �+th day of March r 1982 at 2:26 P.M. in Break 382 Page 550, Se y June Hayes _ Oran a CovNxT ..___......rr-_ ___c________________ ' ____._REGISTER OF DEEDS FUR__-__-._.__g.-________________.__ fly _- ___ _ _ - --_ _ __... stla[an[-it"is[tr of needs N•C,star Assoc.Form No.I s.1976.Revised 1917.- Printed by Edwards Brothers. Inc. Carolina. Book 382 RACE 552 t BEGINNING, at a point in the southern right-of-way of US 70, the NE corner of A. S. Lloyd, Jr. property, a concrete monu- ment. Running thence with the southern right-of-way of US 70 S 86°19'37" E 556.09 feet to a concrete monument. Thence, continuing with the southern right-of-way of US 70 counter- clockwise along the arc of a circle raying central angle 03`40'40" and radius 2531.17' a distance of 250.92 feet to a point, an iron stake. (Chord = S 89"09157" E 250.82 feet) . Running thence S 03°19'15" .r 318.29 feet to a point in S.R. 1327. Thence, S 860.35'45" E 153.57 feet to a point. Thence, S 01°:5'35" W ZS.78 fret to a point in the southern right-of- way of S.R. 1327, an iron stake. Thence, continuing S 01°45' 35" W, with the western line of property of David F. Wright, :37.09 feet to an iron stake near a :oncrete monunent in the rdcrthern right-of-:.ay of the SOUZtiiern Railroad, the Sig corner of said Wright. Thence, with the northern right-of-way of Southern Rainroad counter-clockwise along the arc of a curve with central angle 39*06'45" and radius 2282. 96' a distance of 36 .09 feet to 3 )-ailr•,ad spike in S.R. 1322, the SE cor- ner of property of Robert E. Nicholson. (C'.Iord N 83°33' W 362.71'). rhence running :.ith the eastern property line of said Nicholson X 03@21'53" E 2M S4 feet to a point in S.R. 1322, a nail. Thence, r4inning with said Nicholson. *866iS'45" W 195.16 fret to a point, a concrete monu:.,ent. Thrace, continuing with said `ic:Tolson, N 03°24'15" E 25.00 feet to a concrete -cn-o..�ent. Th-- ace, continuing with said ch olson, N S6°35'43" W 161.37 feet to a point, the NW cor- ner of said Nicholson, a concrete nonument. Thence, con- tinuing with said Nicholson s 03°21'54" W 135.81 feet to the NE corner of A. B. Llc-;d,. Jr. , a Cenerete monunent. Thence, with the north line of' said Lloyd, N 8035'35" W 136.54 feet r to a point in the eastern line of rrcperty of Archie M. Graham, the NW corner of said Lio! d property, a concrete nonuaoent. Thence, with the eastern line of said Graham, N DiO211S4" E' 156.71 feet to the NE corner of said Graham, a concrete monument (passing tFsrcugh an iron stake 135.81 feet f1rom the beginning of this course) . Thence, with said Graham"N 56'36'12" W 112.97 feet to the SE corner of the first mentioned A. B. Lloyd Jr. property , a concrete mon- ument. Running thence with the eastern line of said Lloyd property N 03023'36" E 266.77 feet to the point and place of BEGINNING.- Containing 8.25 acres and being Tract A according to plat and survey of Alois Callemyn, R.L.S. 2544, entitled "Property of Orange County Board of Education." Revision dated December 8, 1981. recorded in the Orange County Registry in Books Paged. Book 382 na 485 w 12o ilia FrLza44 6& 10 PREPARED MY:' : Dalton H. Loftin, Attorney at Law, P. 0. Box 744, Hillsborough, N C. NORTH CAROLINA.ORANGE COUNTY w� /� THIS DEED.MADE AND ENTERED INTO THIN THE a.5 DAY OF 4.ILYL�r1.� .l.- .BY AND BETWEENp Robert Ervin Nicholson and wife, Eunice L. Nicholson Pti `/_ /, r e f PARTY OF THE FIRST PART Alio - f' Efland Ruritan Club, a non-profit unincorporated association, Route 1, Sax 127, Efland, N.C. 27243 PA RTY O F TN E S[CON D PART. WITNESSETIH1 THAT THE SAID PARTY OF THEFIRST PART. IN CONSIDERATION OF THE SUM OF TETT DOLLARS ANO OTHER GOOD. VALUABLE AND SUP I. CIENT CONSIDERATIONS, PAID BY TH5 SAID PARTY OF THE SECOND PART.TME RECEIPT OF WHICH 17 HERESY ACKNOWLEDGED, HAS BARGAINED AND BOLD AND BY THESE PRESENTS DOES BARGAIN. SELL AND CONVEY UNTO THE SAID PARTY OF THE SECOND PART AND HIS HEIR* AND ASSIGNS ALL THAT CERTAIN TRACY OR PARCEL OF LAND IN Cheeks' TOWNSHIP ORANGE COUNTY,NORTH CAROLINA.AND MOP[PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an existing concrete monument near the South wall cf the cafeteria shown on the plat hereinafter referred to, said plat and property now being awned by the Efland Pttlrttan Mmb, the grantee herein; thence from said beginning point alonla *he West line of the Efland Puritan Club property South 03' 241 15" West a distance of 25.00 feet to a concrete monument set at a Southwest corner of the Efland Ruritan Club property; thence a new line with the property of Robert Ervin Nicholson North 86° 35' 45" West a distance of exactly 15 feet to a new corner; thence another new line with- the property of Robert Ervin Nicholson North 03° 24' 15" East a distance of 25.00 feet to another new corner in the South line of the Efland Ruritan Club property; thence along the South line of the Efland Puritan Club iroperty South 85° 35' 45" East a distance of 15 feet to the beginning point. The coursesand distances given in the aforesaid description are based upon Chase shown on plat of survey of property of Orange County Board Of Education by Alois Callemyn, Registered Land Surveyor, dated November 30, 1981 (revised December 8, 1981) and duly recorded in the Orange County Registry in Plat Book 35 at Page 15. ,IACC4€ E n Lei A= ,1 h 39 A. z.1 ZR < 1x5 ABOVE OSStlRSSS"OVIORTY WAS O*kVEYtb Tq BP/,RTOS SY OEM RSCORDSo IN w0" ,��as- TO HAN®TO HOLD THE AFORESAID TRACT OR PARCEL,Or LAND AND ALL PRIVILEGES ANO AP B•URTE N:QLGEi"TN ER[UNTO BELONGING TO THE BA AVE,D PARTY OF THE SECOND PART AND HIS NEI RS AND ASSIGNS IN FEE SIMPLE FOREVER.EXCETT AS SET FORTH ABOVE. AND THE*AID PARTY OF THE FIRST PART DOES COVENANT THAT Hi IB SEIZED OF SAID PREMISES IN FEE SIM PLL AND MAO THS RIGHT TO CONVEY THE SAM[ IN "S.SIMPLE: THAT THE SANE ARE FREE FROM ENCUMBRANCE*EXCEPT AS BET FORTH ABOVE; ANO THAT M[WILL.WARRANT ANP DEFEND THE SAID Ti TLE TO THE SAME AGAINST THE CLAIMS Ort ALL PERSON*WHOMSOEVER. W NEREV ER USED NSREIN. THE 5INGULAR NUMBER SHALL INCLUDE THE PLURAL. THE PLURAL THE SINGULAR.AND THE USE OF ANY GENDER SHALL BE APPLICABLE TO ALL GENDERS. AS TME CONTEXT MAY INDICATL IN TESTIMONY Wil ER BOF THE SAID PARTY OF THE FIRST PART HAS HEREUNTO OCT HIS HAND AND SEAL THE DAY AND YEAR FIRST ABOVE WN I TTETI. (SEAL) ROBERT ERVIN NICHOLSON EUNICE L. NICHOLSON rSEA.L:I (SEAL) STATE OF NORTH CAROLINA COUNTY OF 1, 4. &XI .A NOTARY PU,B,LLIC•OF SAID COUNTY.DO HERESY CERTIFY THAT DALTON H. LDFT&4N NOTARY PUBLIC C il"INCE COUNTY.ka �GRANTOR.PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED TMX DUE EXECUTION OF THE FOREGOING OSED, s WITNESS TAY MAN*AND NOTARIALS/SAL THIS THE pRj AY OF. 1a V fl O ARY SEAL HERE) MY COMMIRCON EXPIRES: /+� ! O C/ (SEAM F�sua STATE OF COuNYY or L .A NOTARY PUBLIC OF SATO COUNTY, DO HEREBY CERTIFY THAT GRANTOR.PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING DEED. WITNESS MY HAND AND NOTARIAL SEAL.THIS THE DAY OF 19 (,IOTMy SEAL KSREI MY COMMISSION EXPIRES! ISFAL, NOTwEY Fil*LXC STATE OF NORTH CA.ROLINA---COUNTV OF GRANGE TN[ FOREGOING. CENTIFICATEIWXOF Dalton q. Loftin, A NOTARY X1Rftj" M).KPUBLIC OF THL DESIGNATED GOVERNMENTAL UNITS 10 MMX CERTIFI ED To as CORRECT. FILED FOR REGISTRATION ON THE 25th DAY OF September . IS 84 . AT 2;39 O'CLOCK P. M.. AND DULY RECORDED IN THY OFFICE OF THE REGISTER OF DEEDS OF THIS COUNTY IN BOON 6i(Ul1kWNv. 485 PAGE 120 BETTY JUNE:HAYES.REGISTER OF DEEDS SY: f ASST-43101I RETURN TO; Pen Lloyd, Rt. #1, Efland, N. C. 27243 Book 485 11 PIN OWNERI_LAST OWNERI—FIRST ADDRESSI CITY 9854073630 BENNETT FREDERICK] 3406 SOUTHERN DR EFLAND 98540743014 EFLAND KNOX J TRUSTEE P O BOX 296 EFLAND 9854074868 LOFTIN HUGH M P O BOX 156 EFLAND 9854074909 CECIL CURTIS RONALD PO BOX 112 EFLAND 98.54074954 SFR3 010 LLC 500 WESTOVER DR#14104 SANFORD 9854076601 DUFFY KATIE 2407 CHESTNUT RIDGE CHURCH RD EFLAND 9854076851 NORTH CAROLINA RAILROAD COMPANY 2809 HIGHWOODS BLVD RALEIGH 9854076999 CATES EARL MONROE 2407 CHESTNUT RIDGE RD EFLAND 9854077569 DARLING PAUL V 3310 SOUTHERN DR EFLAND 9854077601 WIEBE JEFFREY TRUSTEE 4712A DAIRYLAND RD HILLSBOROUGH 9854077979 HIGGINS ELDON JON 3309 FOREST AVE EAST EFLAND 985407861.1 WIEBE JEFFREY TRUSTEE 4712A DAIRYLAND RD HILLSBOROUGH 9854078927 SPIRITUAL ASSEMBLY OF THE BAHAIS OF ORANGE COUNTY NC INC 2202 SCHLEY RD Hurdle Mills 9854078931 SPIRITUAL ASSEMBLY OF THE BAHAIS OF ORANGE COUNTY NC INC 2202 SCHLEY RD Hurdle Mills 9854078939 SPIRITUAL ASSEMBLY OF THE BAHAIS OF ORANGE COUNTY 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HUTCHINSON AMANDA J 298 CURIE DR SAN JOSE 9854299149 POOLE EDNA BURKE N HRS 114 HILLSPRING LN CHAPEL HILL 9854371750 MURRAY WALLACE KENT 2912 GYM RD Efland 14 Orange County Planning Board and County Commissioners My name is Anthony Cecil, I am the President of the Efland Ruritan Club. Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to General Commercial 4 Use designation. We are making this request for several reasons. 1. We are a nonprofit civic organization who purchased this property in 1981 from the Orange County School Board. This property was previously used as the Old Efland High School and Efland Elementary School before we purchased it. Since then, we have used the property for community use and community improvement. No one has ever lived on the property, and we feel the property should have never been designated as a residential (r-1) property but instead should have been designated as Commercial Property from the beginning. 2. We use and rent out our property for community use more in line with commercial uses than residential uses. A) We, the Efland Ruritan Club, have held events such as rodeos, carnivals, concerts, festivals etc. from the time we acquired the property until today. We do this to help pay for our property and to help improve our facilities for community use such as playgrounds, walking tracks etc. We also raise money to donate to our county and community emergency services, schools, churches, scholarships, people in need etc. 15 B) We also allow other organizations and individuals to rent or just use our property for community events and community improvement. Organizations such as Relay for Life, American Red Cross, Hillsborough Hog Day, Timeless Cruizers, Hillsborough Sports Fishing Club, Orange County Sheriffs Department, local churches and schools have all used our property to help support their goals to help improve our community for all Orange County Citizens. We also allow individuals to rent or use our property as a lower cost alternative to larger facilities for family functions, parties, funerals, blood drives etc. 3. The Efland Ruritan Club is in negotiation with the State Employees Credit Union about putting a SECU Cash Points Machine on Efland Ruritan Club property for the citizens of Efland and Orange County. This would be beneficial to all Efland and Orange County Citizens as a low-cost affordable access to banking without wasting gas or money to go to Hillsborough or Mebane to have access to their money. We cannot proceed with these negotiations until this Zoning issue is resolved. 4. The current use is in line with the County's Comprehensive Land Use Plan and Future Land Use Map, which designates this area as a Commercial-Industrial Transition Activity Node. This rezoning request would not only support the Club's activities, but also align with the County's intended use for this area. 16 In conclusion, the Efland Ruritan Club has no current or long-term plans to sell our property or bring any other commercial business to our property other than SECU Cash points. The existence of the club supports healthy and appropriate growth nearby while establishing a protected area that serves the community. We are requesting this rezoning designation to Commercial Non-Residential General Use Zoning to help bring The Efland Ruritan Club more in line with County Ordinances when conducting our business. It will allow us to continue to act as a focal point between community engagement and economic development, as exemplified by the desire to partner with SECU to bring the Hand and Orange County Citizens access to more local, easier and more affordable banking alternative. Thank You for considering this rezoning request. Sincerely Anthony Cecil (President of the Efland Ruritan Club) 17 Zoning Atlas Amendment—Conventional Rezoning District Application Other Submittal Requirements - Based on Section 2.8.3 of the Unified Development Ordinance (UDO): iii. How the proposed amendment is consistent with or carries out the intent and purpose of the adopted Orange County Comprehensive Plan, or part thereof. Question: List the future land use designation of the subject property consistent with the Orange County Comprehensive Plan and Future Land Use Map (FLUM, see chapter 5: Land Use Element), and is it consistent the zoning district requested per Appendix F? Response: Both parcels (PINs: 9854-18-4217 and 9854-18-9274) on the Orange County FLUM are within the Commercial-Industrial Transition Activity Node. The Commercial-Industrial Transition Activity Node is defined 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." Per Appendix F, the General Commercial (GC-4) zoning district is consistent and may be applied within a Commercial-Industrial Transition Activity Node. Determining Comprehensive Plan Consistency 1- Applicable Adopted Plans - The requested zoning district indicated for the Land Use Classification is shown on the chart in Appendix F of the 2030 Comprehensive Plan. 2- Potable Water and Wastewater - The project does not require public utilities,but is located within Orange County's Primary Service Area as identified on the Water and Sewer Management, Planning and Boundary Agreement Map. 3- 2030 Comprehensive Plan—Chapter 2, Planning Principles - Question: How does the proposed rezoning amendments carry out the Planning Principles of the Comprehensive Plan? o Response: Included in the attached Comprehensive Plan Consistency Checklist. 4- 2030 Comprehensive Plan—Goals and Objectives - Question: How does the proposed rezoning amendments carry out the Goals and Objectives of the Comprehensive Plan? o Response: Included in the attached Comprehensive Plan Consistency Checklist. Determining 2030 Comprehensive Plan Consistency (To be completed for Zoning Atlas Amendments and Special Use Permits) ORANGE COUNTY NORTH CAROLINA Applicable Adopted Plans Is the project subject to the Hillsborough-Orange Central Orange Coordinated Area —Y/N (COCA) Land Use Plan? (Y/N) If Yes, include comments. Comments: Is the project subject to the Orange County-Chapel Hill-Carrboro Joint Planning Land -Y/N Use Plan? (Y/N) If Yes, include comments. Comments: Is the requested zoning district indicated for the Land Use Classification, as shown on Y/N-- the /N_the chart in Appendix F of the 2030 Comprehensive Plan? If No, include comments. Comments: Does the proposed project fit with the written text of the Land Use Classification, as found in Article 10 of the LIDO, and Chapter 5 and Appendix F of the 2030 Y/P� Comprehensive Plan. If No, include comments. Comments: Does the proposed project require a Future Land Use Map (FLUM) Amendment? If Yes, include comments on the proposed Land Use Classification and any pertinent Land Use -WN Category Locational Criteria, Appendix G of the 2030 Comprehensive Plan. Comments: Potable Water and Wastewater Does the project require Public Utilities (i.e. Water and/or Sewer)? (Y/N) Y/N Comments: already existing If Public Utilities are required, is the project located within a Primary Service Area as identified on the Water and Sewer Management, Planning and Boundary Agreement Y/N-- Map? (Y/N) If No, include comments. 1 Comments: Orange County Primary Service Area 2030 Comprehensive Plan — Chapter 2 Planning Principles Consistency Planning Principle (Y/N/Not Applicable) 1. EFFICIENT AND FISCALLY RESPONSIBLE PROVISION OF PUBLIC FACILITIES AND SERVICES yes Orange County's public facilities and services should be delivered in a manner that efficiently uses existing capacity. Expansions of facilities and services should be made only after careful consideration of the costs and benefits of expansion. Comments: he Land Use Plan designates this area as a Commercial-Industrial Transition Activity Node,and hanging the zoning to GC-4 will fall in line with designation. 2. SUSTAINABLE GROWTH AND DEVELOPMENT Growth and development within the county should occur in a pattern, location, and density yes that is sustainable over the long-term. Comments: y confirming the zoning of this parcel as GC-4, the Ruritan Club will be able to anchor and upport additional sustainable growth in the nearby area while maintaining its current spaces nd offerings to the community. 3. A. ENCOURAGEMENT OF ENERGY EFFICIENCY, LOWER ENERGY CONSUMPTION AND THE USE OF NON-POLLUTING RENEWABLE ENERGY RESOURCES 3. B. PROMOTION OF BOTH AIR QUALITY PROTECTION AND THE n/a DEVELOPMENT OF AN EFFECTIVE TRANSPORTATION SYSTEM Decreasing the use of non-renewable resources and lowering energy consumption are encouraged in both public and private activities. The county's transportation system should be enhanced to promote more energy efficient modes of travel and improve air quality. Comments: 4. NATURAL AREA RESOURCE PRESERVATION Protection of the County's natural areas, including forests, wildlife habitat, and other important open spaces should be a priority. The County should work with regional and n/a local organizations, the towns, and private landowners to promote and achieve preservation of the County's important natural resources. Comments: 5. PRESERVATION OF RURAL LAND USE PATTERN The County's rural areas are a cherished component of the County's character. Future yes development should preserve and enhance the county's rural landscape. 2 Comments: his location has been an important part of Efland,historically. It has served as a local high school in the past and for many years now as a place for the community to come together. We intend to continue this tradition for the foreseeable future. 6. WATER RESOURCES PRESERVATION The County has finite water resources to provide to future populations. The protection and n/a management of the County's water resources should be a high priority. Comments: 7. PROMOTION OF ECONOMIC PROSPERITY AND DIVERSITY Development of a diversity of new businesses and expansion of existing businesses yes should occur in Orange County. Comments: Our community events attract people from the local and surrounding areas, allowing pportunities for collaboration and growth that might otherwise be missed. 8. PRESERVATION OF COMMUNITY CHARACTER Future growth and development should occur in a manner that preserves and enhances yes the existing character of the County, its townships, and rural crossroads communities. Comments: his community space provides a place and opportunity for neighbors to meet, engage with ne another, and actively engage in supporting their local community 2030 Comprehensive Plan — Chapter 5 Land Use Element, Sections 5.6 and 5.7, Most Applicable Goals and Objectives Consistency (YIN/Not Applicable) Land Use Overarching 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 yes Comprehensive Plan element goals and objectives. Matching the zoning with the Land Use Plan allows this space to support additional services Comments: that the local community would benefit from, such as the addition of an ATM. Consistency Land Use Goals and Objectives (Y/N/Not Applicable) Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. yes Comments: ouality of life services such as a local ATM make life easier for residents and keep them in the ocal community(instead of traveling further afield to satisfy relatively basic needs). Objective LU-1.1: Coordinate the location of higher intensity/ high density residential and non-residential yes development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure i.e., water and sewer, high- 3 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. Comments: rXisting community services such as space for gathering and community building can be xpanded in the future to better support the area-ATM,bus stop, etc. Goal 2: Land uses that are appropriate to on-site environmental conditions and features, yes and that protect natural resources, cultural resources, and community character. Comments: Specifically protects the community character of Efland by serving the local residents via vents and as a place for residents to gather Objective LU-2.1: Maintain the rural, low-density land surrounding Chapel Hill and Carrboro Transition Areas n/a as Rural Buffer land, as designated on the Land Use Plan. Comments: Objective LU-2.2: Continue to protect valuable resource land such as productive agricultural areas, natural areas, historic sites and properties, and potential reservoir sites through the County's yes Lands Legacy Program, and by directing incompatible development away from these areas through land use and zoning policies and regulations. Comments: his is a site of historical significance to Efland since the local high school building was here. Objective LU-2.4: Evaluate the development potential in rural crossroads communities to identify whether current regulations permit appropriate development that is in character with these n/a communities, and whether potential development in these areas would require significant expansions or cause depletions of public services. Comments: Objective LU-2.6: Protect prime reservoir sites from adverse development impacts and ensure that n/a regulations for these areas are appropriate. Comments: Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported yes by an efficient and balanced transportation system. Comments: The intention is to continue similar usage of this land,which in turn supports and deepens the community and rural character of Efland. Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and rural land uses, and direct new development into areas where necessary community facilities and services exist yes through periodic updates to the Land Use Plan. 4 Comments: roper zoning designation which matches the Land Use Plan will help keep commercial usage here zoning intended to be Objective LU-3.2: Coordinate land use patterns to facilitate the expanded use of non-auto modes of travel, n/a the increased occupancy of automobiles, and the development and use of an energy- efficient transportation system. Comments: Objective LU-3.3: Discourage new intensive non-residential land uses, or the expansion of existing intensive n/a uses, in the area designated Rural Buffer. Comments: Objective LU-3.4: Recognize the right to farm and discourage the location of new non-farm development, particularly more intensive residential development, within farming areas to minimize the n/a incidence of complaints and nuisance suits against farm operations. Comments: Objective LU-3.5: Encourage energy and water use in an efficient manner by industries and encourage n/a energy efficient industries to locate or expand in the County in Rural Industrial, Commercial/Industrial, and Economic Development Nodes. Comments: Objective LU-3.7: Ensure that new development patterns in non-residential nodes encourage a clustered, yes walkable development pattern and discourage strip development. Comments: his could be a good landing spot for people who could then walk to nearby shops in the future. Objective LU-3.9: Create new zoning district(s) which allow for a mixing of commercial and residential uses, a mixing of housing types, and creates a more pedestrian friendly development pattern. New districts should be applied in areas where public services exist or are planned for in the n/a future, in areas that promote higher intensity and high density uses on the Land Use Plan map. Comments: Goal 4: Land development regulations, guidelines, techniques and/or incentives that n/a promote the integrated achievement of all Comprehensive Plan goals. Comments: 5 Ob'ective LU-4.1: Support the use of individual manufactured housing units as a useful housing resource in n/a the County by increasing the opportunities where these units can locate by-right. Comments: Goal 5: Life, health, and property safe from hazards. n/a Comments: Objective LU-5-1: Prohibit new development in special flood hazard areas as defined by the Federal n/a Emergency Management Flood Insurance Rate Map, effective February 2, 2007. Comments: 2030 Comprehensive Plan — Chapter 3 Economic Development Element, Sections 3.5 and 3.6, Most Applicable Goals and Objectives Consistency (Y/N/Not Applicable) Economic Development Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high- yes quality employment opportunities for County residents. ommercially zoned properties tend to have a higher value than residential properties,which Comments: ould increase the tax burden for these particular parcels. Additionally,with a strong ommunity presence drawing people out, other businesses might be attracted to open in the rea. Consistency Economic Development Goals and Objectives (Y/N/Not Applicable) Goal 2: Infrastructure that supports desired development. n/a Comments: Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. n/a Comments: Objective ED-2.2: Encourage mixed use projects that support walkable communities. n/a 6 Comments: 24 Objective ED-2.3: Promote public transportation, alternative modes of transportation, and encourage yes carpooling and park-and-ride participation. Comments: he club would entertain a discussion of building a bus stop. Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and yes industrial uses in the County. Comments: his land has already been identified in the Land Use Plan as suitable o accommodate expansion and growth of commercial uses. Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned n/a supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. Comments: Objective ED-2.8: Adjust ongoing designation and zoning of Economic Development Districts to avoid the n/a area designated as the Rural Buffer. Comments: Objective ED-2.9: Consider industrial sites in Agricultural-Residential areas along the U.S. 70/1-85 highway and rail corridor to take advantage of the corridor's locational attributes. A limited number n/a of small scale Rural Industrial Nodes, not requiring urban type services, may be appropriate elsewhere in the County where good access exists. Comments: 2030 Comprehensive Plan — Chapter 4 Housing Element, Sections 4.6 and 4.7, Most Applicable Goals and Objectives Consistency (Y/N/Not Applicable) Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. n/a 7 Comments: Consistency Housing Goals and Objectives (Y/N/Not Applicable) Goal 1: A wide range of types and densities of quality housing affordable to all in all parts n of the County. Comments: Objective H-1.5: Ensure that a variety of housing types can be developed throughout the County in a n/a sustainable manner that locates housing near employment centers and commercial centers and that efficiently uses existing and planned public services. Comments: Objective H-1.6: Promote innovative approaches to housing that are responsive to the needs of Orange n/a County, maintain quality and human scale, increase energy efficiency, and reduce construction and maintenance costs. Comments: Goal 2: Housing that is useable by as many people as possible regardless of age, ability or circumstance. n/a Comments: Objective H-2.1: Accommodate the development of group homes, foster care facilities, transitional housing n/a facilities and other housing types in appropriate locations to provide increased opportunities for social interaction, a de-institutionalized lifestyle, and gainful employment. Comments: Objective H-2.3: Increase the number of affordable multi-family housing units which are designed to support n/a the needs of the elderly, especially those with limited incomes. Comments: 2030 Comprehensive Plan — Chapter 6 Natural and Cultural Resources Element, Sections 6.3, 6.4.4.3, and 6.4.5.3, Most Applicable Goals and Objectives 8 Consistency (Y/N/Not Applicable) Natural and Cultural Systems Overarching Goal: A sustainable balance and appreciation of natural, cultural and agricultural resources. Comments: Consistency Natural and Cultural Systems Goals and Objectives (Y/N/Not Applicable) Goal 6: Sustainable quality and quantity of ground and surface water resources. n/a Comments: Objective WR-1: Preserve natural resources such as grasslands, woodlands and wetlands to allow for water n/a recharge of ground water and water quality protection. Comments: Objective WR-7: Promote land use patterns that preserve the natural hydrologic system and maintain a n/a sustainable "carrying capacity" balance for the future between ground water and surface water resources. Comments: Objective WR-20: Promote Best Management Practices for new developments which minimize stormwater n/a runoff. Comments: Goal 7: A balanced and healthy diversity of native plant and animal populations. n/a Comments: Objective NA-1: Conserve high-priority natural areas and wildlife habitats, including wetlands, rivers and n/a streams, floodplains, steep slopes, prime forests, wildlife corridors, and other critical habitats. Comments: 9 Ob'ective NA-4: Encourage adequate stormwater runoff controls in existing developed areas and require n/a these controls for new subdivisions to protect sensitive downstream aquatic habitat. Comments: Objective NA-5: Prohibit development that would cause adverse impacts on highly significant natural areas n/a and wildlife habitat. Comments: Goal 8: Networks of protected natural, cultural and agricultural lands. Comments: Objective NA-10: Require that all major subdivisions (defined as having more than 5 lots according to the Orange County Unified Development Ordinance) include within their boundaries open n/a space suitable for low-impact recreation and wildlife habitat. Comments: Objective NA-13: Promote clustering of residential development and dedication of large areas of undisturbed n/a land for low-impact recreational use by residents and for wildlife habitat. Where feasible, these areas should be contiguous to neighboring tracts of undisturbed land. Comments: Objective NA-15: Protect land in and around biologically significant areas, and connections between these n/a areas, to allow for the maintenance of native wildlife and plant populations and their functional relationships. Comments: Objective NA-17: Maintain and protect land that contains valuable productive resources, such as prime n/a farmland and prime forestland, by directing incompatible development away from these areas. Comments: 10 2$� 2030 Comprehensive Plan — Chapter 7 Parks and Recreation Element, Sections 7.5 and 7.6, Most Applicable Goals and Objectives Consistency (Y/N/Not Applicable) Parks and Recreation Overarching Goal: Regionally coordinated park facilities that provide healthy opportunities for recreation and exercise for all citizens of Orange County, yes and that preserve important cultural and natural resources. Comments: Currently serves as a free access park for the community. Consistency Parks and Recreation Goals and Objectives (Y/N/Not Applicable) Goal 3: Recreational facilities available for the public use in a manner that is multi- generational and accessible to all County citizens at both the countywide and community yes levels. Comments: layground, open space, and walking track available for use and enjoyment of the community. Objective PR-3.1: Locate parks and recreational facilities close to residential areas and transportation nodes, n/a to increase public knowledge and accessibility to these facilities, including alternative transportation modes. Comments: Goal 4: Healthy lifestyles, quality of life and community building through the provision of a variety of affordable recreational facilities and choice of leisure activities, while responding yes to the changing needs and interests of County residents. Comments: ombo of available facilities and community-building events, educational opportunities, tc. Objective PR-4.1: Developers shall provide for adequate and appropriate open space suitable for active/low- n/a impact recreation in residential developments. Comments: Goal 5: Park and recreational facilities that are environmentally-responsible, and where cultural and natural resources and open space within these sites are protected. n/a Comments: Objective PR-5.1: 11 Locate parks and recreational facilities close to residential areas to encourage informal interaction with nature, encourage walkability, and create areas of wildlife habitat with n/a appropriate recreational facilities within the more populated areas. Comments: Objective PR-5.4: Encourage development of a system of private open space and conservation areas, including nature preserves, parks, linear parks, and scenic vistas compatible with the yes character of Orange County. Comments: erves as a park Objective PR-5.5: Develop linear parks and rustic trails in the Rural Buffer, and explore opportunities for n/a preservation and connectivity along other identified stream corridors. Comments: 2030 Comprehensive Plan — Chapter 8 Services and Facilities Element, Sections 8.3 and 8.4.1.3, Most Applicable Goals and Objectives Consistency (Y/N/Not Applicable) Services and Facilities Overarching Goal: Growth consistent with the provision of adequate and sustainable County services and facilities while managing the impacts upon the environmental infrastructure and effectively protecting the County's natural and cultural yes resources. Comments: Infrastructure is already in place and operating. Consistency Services and Facilities Goals and Objectives (Y/N/Not Applicable) Goal 1: Efficient provisions of public water and sewer service systems which are consistent with the Land Use Plan and which abide by the current Water and Sewer Management Planning Boundary Agreement, the existing Orange County-Chapel Hill- yes Carrboro Joint Planning Agreement and Land Use Plan, and future agreements to be negotiated among the County and public and private service. Comments: ystems are already in place and operating. Objective WW-2: Coordinate the provision of potable water and sanitary sewer services with the County's n/a Land Use Plan and Orange County-Chapel Hill-Carrboro Joint Planning Agreement and 12 Land Use Plan, targeting these services to urban, transitional, and economic development 30 districts in a manner that does not endanger environmental resources. Comments: Goal 2: Adequate, safe, and healthy groundwater withdrawal and wastewater disposal systems with minimal impacts upon water and land resources. n/a Comments: Objective WW-10: Ensure that all development projects of a dense character have access to clean, safe, and n/a reliable water supplies. Comments: Objective WW-12: n/a Prohibit package sewage treatment plants in the Watershed Critical Areas. Comments: Objective WW-15: Prohibit commercial and industrial land uses from locating and/or expanding within n/a identified Watershed Critical Areas. Comments: Objective WW-16: Ensure that the type of wastewater disposal facilities serving a development are n/a appropriate given present and future demand for service, the distribution of users, and the capacity of the natural environment to absorb the impact. Comments: Objective WW-18: Allow on-site wastewater disposal in rural areas where soil conditions are acceptable. n/a Where there are unacceptable soils, state-approved on-site sewage disposal systems shall be required. Comments: Goal 3: High quality educational facilities that support our diverse and growing population and present opportunities for life-long learning. n/a Comments: Objective E-3: Achieve an equitable distribution of educational facilities. n/a 13 Comments: 31 Goal 5: Efficient and effective drainage, stormwater, floodplain management, and erosion control systems. yes Comments: ny necessary measures installed as needed and required over the years. Objective EC-1: Continue to use Best Management Practices (BMP's) for stormwater control, as outlined within the Orange County Unified Development Ordinance, to minimize potential adverse n/a impacts on the water quality. Comments: Objective EC-3: Prohibit activities that adversely affect surface and ground water systems that may serve or n/a do serve as a public water supply. Comments: Objective EC-4: Use low-impact stormwater design principles when developing new or retrofitting existing n/a drainage systems that do not functionally approximate the natural drainage pattern. Comments: Objective EC-5: Minimize sedimentation and erosion to reduce the transport of sediment and pollutants to n/a surface waters. Comments: Objective EC-6: Protect and maintain the existing aquatic, riparian and terrestrial habitats-of fish and n/a wildlife. Comments: Goal 6: Less solid waste per capita with cost effective and environmentally responsible disposal and management. n/a Comments: Objective SW-2: Encourage the recycling of solid waste, including but not limited to the preference for n/a deconstruction practices over demolition, to minimize waste disposed of in landfills. Comments: 14 Objective SW-5: Require new construction and substantial remodeling of non-single family property to set- n/a aside adequate space and access for solid waste management and recycling materials storage on site. Comments: Goal 7: Efficient and effective public safety including, police, fire, telecommunications, n/a emergency services, and animal services. Comments: Objective PS-T-1: Ensure the provision of adequate public safety protection standards for residential, yes commercial, and industrial development. Comments: hould any public safety officials need use of the space for any public safety reason, it is vailable to them at pretty much any time. Objective PS-T-5: Include in applied site design standards for residential, commercial, and industrial development, appropriate road design standards to ensure adequate law enforcement and n/a emergency vehicle access to the development. Comments: Objective PS-T-8: Encourage the expansion of affordable, high-speed Internet access, fiber-optic lines, and yes other high-speed communication networks to rural and underserved areas. Comments: Free parking and base camp for installers of these services 2030 Comprehensive Plan — Chapter 9 Transportation Element, Sections 9.5 and 9.6, Most Applicable Goals and Objectives Consistency (Y/N/Not Applicable) Transportation Overarching Goal: An efficient and balanced transportation system that uses multiple motorized and non-motorized modes of transportation and for which the n/a planning, design, and implementation will be guided by the following overarching qualities: Comments: Consistency Transportation Goals and Objectives (YIN/Not Applicable) 15 Goal 1: An efficient and integrated multi-modal transportation system that protects the natural environment and community character. n/a Comments: Objective T-1.3: Develop new transportation facilities in a manner that has a positive impact or avoids n/a negative impacts on the natural environment, including air quality, water resources, biological resources, and wildlife habitat. Comments: Objective T-1.4: Develop new transportation facilities in a manner that has a positive impact or avoids negative impacts on the community, including historical or cultural assets, existing yes neighborhoods, schools and recreational facilities, and the overall rural character in Orange County. Comments: he club is willing to entertain adding a bus stop Goal 3: Integrated land use planning and transportation planning that serves existing development, supports future development, and is consistent with the County's land use plans which include provisions for preserving the natural environment and community n/a character. Comments: Objective T-3.4: Direct development to higher density mixed-use districts along transit corridors and make n/a necessary multi-modal transportation improvements to service lands that are slated for future intense development, such as Economic Development Districts. Comments: 2030 Comprehensive Plan —All Elements, Any Other Applicable Goals and Objectives Consistency Other Applicable Goals and Objectives (Y/N/Not Applicable) Goal Comments: 16 Objective Consistency (Y/N/Not Applicable) Comments: 17 Staff Report Attachment 2 Zoning Atlas Amendment — Conventional District ORANGE ORANGE NORTH CAROLINA Parcel Information Vicinity Ma for RezoningApplication-PINs 9854189274 and 9854184217 3009 Forrest Ave., Efland Map pp Parcel Address Prolled , NC 27243 e dar rmva Township J � ia UPPer Ena�` I Parcel Identification 9854-18-4217 Number (PIN) 9854-18-9274 cnesT wnship Applicant Name Efland Ruritan Club, and Address P.O. Box 250 � 7 Pr-- Efland, NC 27302 „ew �UPPer Property Owner r Eno ;' CrA cal - Name and Address _ Same as Applicant ; (if different from &gh T wnshiP Chapel H Il Township •` IPIs 4NS918Y2,9 a,d Np9ltl421I • _ Applicant) P--a c h ureas :< Ch k T gip 5 Anthony Cecil, a e President napl,-,.��r,tletl, e�eea� Agent(s), if applicable Efland Ruritan Club 5229 US HWY 70 Mebane, NC 27302 Parcel Size PIN 9854-18-4217: +/- 8.25 acres Adopted Future Land Use Map with PIN 9854-18-9274: +/- 1.12 acres PINs9854i89274and9854184217Depicted Total Area: +/- 9.37 acres Future Land Use Commercial-Industrial Transition Map (FLUM) Activity Node Designation FLUM Overlay(s) None Growth Management Rural 54184217 System Designation Definition of FLUM Commercial-Industrial Transition Designation Activity Node definition: (from Article 10 of Land focused on designated road Unified Development intersections within either a 10- Ordinance (UDO)) year or 20-year transition area that is appropriate for retail and other commercial uses and/or �,"n,erpotles manufacturing and other industrial �QBSOr,ePrn��onAr Fulure Lantl Use—i- uses. :ale iesuses. �,o enrTrenelllee Agnc A ural Resitlenliel L A. ~ VbirvL,erziaFlnaus-I Ta lion. �•• -ne�iu_ 1 Interlocal Agreement No Applicable Rezoning Application to GC-4 for PINS 9854189274 and 9854184217 (Y/N) Current Zoning R-1 (Rural Residential) District Upper Eno Protected_ /- Requested Zoning 4 - f GC-4 (General Commercial) 8 4184317 �i District 985418421 9 54189274 = Requested Zoning 9854184277 District Consistent with Appendix F of 2030 Yes {app I Comprehensive Plan Wat�aoa� Efland Village Overlay i Za—n Watersheds Sys ebb ��'� � 4_ '..I l�g e t.+ Existing Zoning Upper Eno Protected �AR I Overlay Districts Watershed NC2 Fn d village 0-day >.- n dime�la+.o�dAy �T—.hpo.r3ro„co,reo Amendments Proposed for Overlay Districts No (Y/N) 2 Surrounding Land Uses and Zoning . , Aerial Image with PINS 985438gzT4 and 9854184217 Outlined North Single-family residential lots, along with a +/- 6.41-acre Mobile Home Park. All are zoned R-1 (Rural Residential); all of these lots are also outside the "Efland l Village" overlay district. ' South Single-family residential lots, and the N.C. Railroad Company ' 8854184217 All are zoned R-1 (Rural Residential). 9a9274 ,q East Commercial auto repair shop zoned NC-2 (Neighborhood Commercial), and two single- 9 4'184277 family residential lots, one zoned R-1 (Rural Residential), and the other split-zoned R-1 and AR (Agricultural Residential) West Commercial auto repair shop zoned NC-2 (Neighborhood Commercial), and single- family residential lots, all zoned R-1 (Rural r Residential) Existing Roads p r•irce yesaee'vaad deauuzn North US HWY 70 W - _ South Gym Rd. & Forrest Ave. East Gym Rd. West Maple St. (200 feet away) Existing Conditions/Physical Features The parcel currently supports a large, flat, grassed field that contains a walking track, playground equipment, approximately 1.5 acres of gravel parking, and two Ruritan Club buildings (brick, and concrete block). Parcels separated by Forrest Ave. and Gym Rd. Public Water and Sewer The properties are served by Orange Alamance Water System, Inc., (OAWS) water lines and City of Mebane 8" gravity-fed sewer lines along their street frontages. Development of the properties could be done with these utilities but will be at the discretion and permitting authority of OAWS and the City, respectively. The properties are located outside of Mebane's annexation geography and will remain within Orange County's jurisdiction, regardless of sewer or septic treatment. The properties are identified within the Orange County Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement. 3 Zoning Overview Conventional District Rezoning Zoning promotes development of land uses that can co-exist in proximity to one another consistent with the promotion of the public health, safety, and general welfare. Regulations established by the UDO provide opportunities/constraints associated with land development in an attempt to ensure one person's `reasonable use' of property does not impact another person's ability to make reasonable use of their property. In acting on this request, the County is unable to impose conditions and the applicant is not required to define what type of development (i.e. land use) is anticipated. If approved, all 52 land uses permitted within the GC-4 (General Commercial) district could be developed on the property accordingly, consistent with applicable regulations. Conventional district rezoning applications are processed in a legislative manner (i.e., does not require sworn testimony or evidence) and decisions are based on the Board of County Commissioners determination the request is consistent with the purpose and intent of the Comprehensive Plan. A formal site plan, reviewed and approved by staff in accordance with Section 2.5 of the UDO, must be submitted and approved prior to any development activity on the parcel. Review Milestones Application Submittal Date Submitted on February 13, 2024, completed on March 15, 2024. Orange County Development March 21, 2024 Advisory Committee (DAC) Review Note: the DAC is a staff/agency committee, established in Section 1.9 of the Unified Development Ordinance. Analysis Staff Analysis As required under Section 2.8.5 of the UDO, the Planning Director shall cause an analysis to be made of the application. In analyzing this request, the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO; 2. The proposal is consistent with goals/objectives outlined within the Orange County Comprehensive Plan concerning development, including: a. Planning Principle 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. Staff Comment: The properties are located in the Commercial-Industrial Transition Activity Node (CITAN) on the Future Land Use Map (FLUM), and is defined in the 2030 Comprehensive Plan as "[I]and focused on designated road intersections within either a 10- year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village 4 39 Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The properties are largely already developed as impervious surface and rezoning allows for the opportunity to redevelop this property to achieve the goals of both this planning principle and the overlay district, which identify the area and properties as where density and non- residential uses should be encouraged. b. Planning Principle 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. Staff Comment: The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[I]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. c. Planning Principle 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. Staff Comment: The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. d. Planning Principle 7. Promotion of Economic Prosperity and Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. Staff Comment: The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[I]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in 5 Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. e. Planning Principle 8. Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. Staff Comment: The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[I]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It also has the potential to enhance the Efland community, providing for convenient location to realize more and better goods and services than currently available in the community. f. Land Use Overarching 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. Staff Comment: The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[Qand focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning of the properties. g. 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. The Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. 6 h. Land Use 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., 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. Staff Comment: The Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the UDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. i. Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. Staff Comment: The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. j. Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. Staff Comment: The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10- ear or 20-year transition area that is appropriate for retail and other commercial 7 42 uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning the properties. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the UDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. k. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. Staff Comment: The Orange County staff has noticed the public regarding this application, as required by Sections 2.8.7, 2.9.1(D), and 2.9.2 of the UDO, including a required Neighborhood Information Meeting, mailings to neighboring property owners, posting of the property. Additionally, staff have provided all application documents on the Active Development Projects webpage, responded to public inquiries, posted social media notices on the project, featured it in the weekly County newsletter, communicated directly to individuals contacting the department about the project, and made the Planning Board available for public emails concerning the application. I. Appendix F, Land Use Classification Description for Commercial-Industrial Transition Activity Node (CITAN): Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. Staff Comment: A rezoning to GC-4 is more consistent with this description than the current R-1 zoning of the properties. 3. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "Community-Industrial Transition Activity Node." Such Nodes have been identified as areas changing from rural to urban in form and density, allowing a full range of commercial and industrial uses (reference pages 5-15 and F-1 of the Comprehensive Plan and page 10-7 of the UDO). IL8 43 Attachment 3 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1133 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Cy Stober, Planning and Inspections Director, with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing to be held regarding Zoning Atlas amendments proposing to rezone two parcels of property located at 3009 Forrest Ave., within the Cheeks Township of Orange County (PIN's 9854-18-4217, and 9854-18-9274). The owners were identified according to the Tax Records, as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notices specified the date, time, place and subject of the Planning Board Meeting. WITNESS my hand, this 23rd day of May 2024. Cy Stober Planning and Inspections Director 44 t ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 272781919.245.2575 May 21, 2024 NOTICE OF PUBLIC HEARING Dear Property Owner: This notice is to inform you of the June 4, 2024, Board of County Commissioners meeting, at which an application to rezone two parcels totaling +/- 9.37 acres (PINs 9854-18-4217, &9854-18-9274) will be reviewed during a public hearing. The subject properties are the located at 3009 Forrest Ave. Efland, within Cheeks Township. This notification is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO). You are receiving this notice because you own property located within 1,000-feet of the parcels requested for rezoning. YOUR PROPERTY IS NOT PROPOSED FOR REZONING. Property Information Parcel ID Number 9854-18-4217&9854-18-9274 (PIN) Owner/Applicant Efland Ruritan Club Agent Anthony Cecil (President, Efland Ruritan Club) Location 3009 Forrest Ave., Efland Acreage +/-9.37 Acres (Two Parcels) Current Land Use Commercial-Industrial Transition Activity Designation Node (CITAN) Current Zoning Rural Residential (R-1) Proposed Zoning General Commercial (GC-4) Watershed Upper Eno Protected Watershed Designation The two parcels are currently zoned R-1 (Rural Residential). The requested zoning district is GC-4 (General Commercial). Additionally, due to the property's location, the Upper Eno Protected Watershed zoning overlay regulations will be applied. This amendment request will be reviewed by the Board of County Commissioners during a public hearing scheduled at 7:00 p.m.,June 4, 2024, at the Whitted Meeting Facility(300 West Tryon Street, Hillsborough, NC—see attached map). All interested persons are invited to address the Board with their comments regarding the application. The Orange County Board of County 45 Commissioners (BOCC) is the decision-making body regarding land use and zoning matters. The Board may take one of the following four actions at their meeting, 1) Approval, 2) Denial, 3) Approval, but with specified changes, or 4)that the Board be given extended time to consider the matter. Planning Board Meeting Information Date June 4, 2024 Time 7:00 p.m. Place Whitted Meeting Facility Address 300 West Tryon Street, Hillsborough, NC Cy Stober, Planning & Inspections Assigned Director Planner Email: cstiber@orangecountync.gov Phone: 919-245-2585 If you cannot attend the public hearing and the website does not answer your questions about the applications, you may call (919) 245-2575 during regular business hours and you will be directed to a staff person who can assist you. Sincerely, Cy Stober Planning & Inspections Director Additional information is available on the Orange County Planning Department's website: https://www.arcgis.com/apps/dashboards/16e9edd5de724468aed69571 dd1 d9e70 -r - Whitted Building (300 W. Tryon St.) - Meeting Ld6ation 7i V'�• p ,A ' t ° �_- cK +` Parking . K r df * I. W w r q p a Parking ` 09 IF t !l Whitted Building I .� k n' a i .. wG al � , r 1 • ,.n a �� W TR, QN r s +1 a ; 1 t K., t f Willi - �j -`` •� 1 in=100 feet 0 50 m1C:3m1C=INm Feet Orange County Planning and Inspections Brian Carson(5/8/2015) [Attachment 4 47 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov I 131W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575 April 1, 2024 Efland Ruritan Club Rezoning Application Case #: MA24-0001 PIN's: 9854-18-4217 and 9854-18-9274 3009 Forrest Ave. Re: Development Advisory Committee Report (per UDO Section 1.9.5) On March 21, 2024, the Orange County Development Advisory Committee met for a final review and discussion of the conventional rezoning application Case #MA24-0001 from Efland Ruritan Club for PIN's 9854-18-4217 and 9854-18-9274. The Orange County Development Advisory Committee has no objections to the approval of the zoning atlas amendment so long as the items in the attached departmental memos are addressed. The application package features an abstract and staff report that provide the foundations for my recommendation regarding this application and request. Sincerely, Cy Stober Planning & Inspections Director Orange County Government I www.orangecountync.gov 1 919.732.8181 48 C SNE ORANGE COUNTY GOVERNMENT TRANSPORTATION SERVICES DEPARTMENT COUNTY Lyftl E i t:ll[�}Ll +. O Pie" eCou 1ty TECHNICAL MEMORANDUM TO: Taylor Perschau, Planning & Zoning Supervisor FROM: Darlene Weaver, Transportation Planning Manager DATE: March 21, 2024 SUBJECT: DAC Transportation Review: #MA24-001 The following memo summarizes Orange County Transportation Services (OCTS) review of application #MA24-001 Efland Ruritan Club OCTS analyzed the documents listed below in accordance with County Unified Development Ordinance (UDO) and all transportation policies, programs, and plans: 1. Application and Site Plan 2. Zoning Report We offer the following assessment for Development Advisory Committee's (DAC) considerations. Methodology: The following resources are used, each with separate comments: UDO: No Comment Orange County Complete Street Policy:. No Comment Orange County Vision Zero Policy: No Comment Short Range and Long Range Transit Plans: No Comment All other Transportation Plans.- No lans:No Comment Thank you very much for the opportunity to review and provide comments. Please forward any questions, comments or concerns to Darlene Weaver at dweaver(a-orangecountync.gov. 600 Hwy 86 N - Hillsborough, North Carolina 27278 Phone (919)245-2008 - Fax(919)732-2137 49 From: Edwards,Charles N To: Brian Collie; Britney Pendleton; Michael Rettie;Christian Hirni;Victoria Hudson;Nathan Jacobsen; Elizabeth Farnan; Matthew Taylor;Darlene Weaver Cc: Taylor Perschau; Patrick R.Mallett Subject: RE: [External]Efland Ruritan Club Memos Date: Tuesday,March 26,2024 2:20:54 PM Attachments: imaae003.p_ng image004.png imaoe005.png Brian, Please accept this e-mail as reply to your request. NCDOT previously provided the comments below to DAC on 03/19/24. 1 have no additional comments at this time. MA24-0001 (Efland Ruritan Club), Conventional Rezoning Request • No site plan was found on the package.Additional site information including the proposed location of the kiosk, access, parking, and circulation is needed to proceed with review. C. N. Edwards Jr., PE (Chuck) District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards&ncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 From: Brian Collie<bcollie@orangecountync.gov> Sent:Tuesday, March 26, 2024 9:41 AM To: Britney Pendleton <brpendleton@orangecountync.gov>; Michael Rettie <mrettie@orangecountync.gov>; Christian Hirni <chirni@orangecountync.gov>; Hudson, Victoria <vhudson@orangecountync.gov>; nate jacobsen <njacobsen@orangecountync.gov>; Elizabeth Farnan <efarnan@orangecountync.gov>; Edwards, Charles N <cnedwards@ncdot.gov>; Matthew Taylor<mtaylor@orangecountync.gov>; Weaver, Darlene <dweaver@orangecountync.gov> 50 Cc:Taylor Perschau <tperschau@orangecountync.gov>; Patrick R. Mallett <pmallett@orangecountync.gov> Subject: [External] Efland Ruritan Club Memos CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. DAC, Hello all! Reaching out to request a memo from each of your Departments to include in the agenda package for the Efland Ruritan Club's conventional rezoning application (MA24-0001), that was reviewed at last weeks meeting agenda. Very Respectfully, Brian S. Collie, Planner II Orange County Planning& Inspections Department ORANGE COUNTY • NORTH CAROLINA -_, Guiding Our Future Office Phone: (919) 245-2599 Fax: (919) 644-3022 Orange County Planning Website: https://orangecountync.gov/792/Planning-Inspections Orange County Land Use Plan 2050 Project Website: https://www.orangecountylanduseplan.com Address: 131 W. Margaret Lane, Suite 201 P.O. Box 8181 Hillsborough, NC 27278 Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 51 b ... + Grange County 3Z EmergeServices A Prepared,Coordinated,and Integrated Emergency Services System E9-1 1 F-`71 I I Fire Marshal I EMS I Ernerigency Management Fire& Life Safety Division TO: Cy Stober, AICP— Director, Planning & Inspections FROM: Elizabeth Farnan — Fire Marshal, Emergency Services CC: Brian Collie, Planner II • Planning & Inspections Date: March 26, 2024 CASE: MA24-0001 PIN: 9854184217 SUBJECT: Map Amendment Review Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Emergency Apparatus Access, Addressing, and Water Availability for Required Fire Flow This memo is to show that the Fire & Life Safety Division has NO OBJECTIONS to the approval of Efland Ruritan's Club conventional rezoning from Rural Residential (R1) to General Use Non-Residential. Thank you, t(�Ca�-��ev av"l, Elizabeth Farnan, FM Email: efarnan@orangecountync.gov Cell: 919-537-2149 510 Meadowlands Drive I Hillsborough, NC 27278 1 (919) 245-6100 Main Office www.orangecountync.gov/oces 52 ORANGE COUNTY NORTH CAROLINA PLANNING and INSPECTIONS Cy Stober,AICP,Director I cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 191.9.245.2575 MEMORANDUM TO: Cy Stober, AICP — Director, Planning & Inspections Department FROM: Christopher Sandt, PE — County Engineer; and Steve Kaltenbach — Erosion Control and Stormwater Supervisor CC: Patrick Mallett— Deputy Director Development Services DATE: May 6, 2024 CASE: MA24-0001 PINs: 9854-18-4217 and 9854-18-9274 WATERSHED: Upper Eno Protected (Neuse River Basin) PROJECT: Efland Ruritan Club Conventional District (GC-4) Zoning Atlas Amendment SUBJECT: Summary of Findings Regarding Conformance with Orange County Unified Development Ordinance (UDO) for Erosion and Sedimentation Control and Stormwater Management This memo summarizes the findings of an Erosion and Sedimentation Control and Stormwater Management assessment by the Orange County Development Services Division (hereafter, the "Division") of the submitted Zoning Atlas Amendment application for a GC-4 Conventional District, submitted as "Efland Ruritan Club" project (hereafter, the "project"). The project is located within 9.37 acres of property located at 3009 Forrest Avenue in Efland, North Carolina. The request proposes rezoning from R-1 to GC-4. The Staff comments contained herein are based upon the submittal of a required Rezoning Application received February 13, 2024. These findings should not be interpreted as the Division's final analysis/approval of the proposed development. Upon zoning approval, the proposed development would be under the threshold for a required Land Disturbing Permit (LDP). Erosion and Sedimentation Control: According to current Orange County GIS imagery of the project parcel, there are no mapped stream features or other water features within the project parcel boundaries. Orange County enforces stream buffers along streams, rivers, water bodies, and other water features (e.g., wetlands) as outlined in Section 6.13 of the Orange County UDO. Page 1 of 2 53 Based on the submitted materials for the proposed development, the project could meet the basic Erosion and Sedimentation Control requirements as outlined in Section 6.15 of the Orange County UDO and could be developed as generally proposed. Stormwater Management: The project parcel is located in the Upper Eno Protected (Neuse River Basin) Overlay District and is therefore subject to compliance with the Neuse Nutrient Management Strategy. There are no known Special Flood Hazard Areas (SFHAs) located on the project parcel. Based on the submitted materials for the proposed development, the project could meet the basic Stormwater Management requirements as outlined in Section 6.14 of the Orange County UDO. While preliminary at this stage of Orange County review, the proposal is under the threshold for stormwater review. Conclusion: The Division has No Objections to the approval of the rezoning request so long as a complete LDP application and supporting plans and calculations are submitted to Orange County for review and approval prior to commencement of on-site Land-Disturbing Activity, if thresholds were to be reached or exceeded with any future plan changes. As the project progresses, additional field observations, and/or permitting by others (e.g., US Army Corps of Engineers, NC Department of Environmental Quality, NC Department of Transportation, etc.), additional buffers, setbacks, and/or additional Orange County review and permitting may apply beyond the proposed development as shown with this rezoning request. RE Digitally signed by Christopher J.Sandt,P.E. Christopher I Sandt, RE. ou:cn=Christopher J.Sandt,P.E.,oandt@oe County,North .gov,c=U ou=Engineering Division,email=csandt@orangecountync.gov,c=US Date:2024.05.0616:44:37-04'00' Christopher Sandt, PE Date 5/6/2024 Steve Kaltenbach Date Page 2of2 54 AC*DOA Department of Administration Roy Cooper Pamela B. Cashwell Governor Secretary April 18, 2024 Brian S. Collie Orange County Planning& Inspections 131 W. Margaret Lane, Suite 201 Hillsborough, NC 27278- Re: SCH File#24-E-4300-0249 Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to Commercial Non- Residential General Use designation. Dear Brian S. Collie: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made in the review of this document. The appropriate document should be forwarded to the State Clearinghouse for compliance with State Environmental Policy Act. If you have any questions, please do not hesitate to contact me at (984) 236-0000. Sincerely, KADISHA MOLYNEAUX State Environmental Review Clearinghouse Attachments Mailing r, Location 1301 Mail Service Center I Raleigh, NC 27699-1301 116 West)ones St. I Raleigh NC 27603 s , ,.4`::'::..-;�`✓ 984-236-0000 T ncadmin.nc.gov 55 Control No.: 24-E-4300-0249 Date Received: 3/18/2024 County.: ORANGE Agency Response: 4/17/2024 Review Closed: 4/17/2024 JESSICA MOSLEY CLEARINGHOUSE COORDINATOR DEPT OF TRANSPORTATION Project Information Type: State Environmental Policy Act ping Applicant: Orange County Planning & Inspections Project Desc.: Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to Commercial Non- Residential General Use designation. As a result of this review the following is submitted: ❑✓ No Comment F-1 Comments Below F-1 Documents Attached Reviewed By: JESSICA MOSLEY Date: 4/5/2024 56 Control No.: 24-E-4300-0249 Date Received: 3/18/2024 County.: ORANGE Agency Response: 4/17/2024 Review Closed: 4/17/2024 DEVON BORGARDT CLEARINGHOUSE COORDINATOR DEPT OF NATURAL & CULTURAL RESOURCE Project Information Type: State Environmental Policy Act ping Applicant: Orange County Planning & Inspections Project Desc.: Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to Commercial Non- Residential General Use designation. As a result of this review the following is submitted: ❑✓ No Comment F-1 Comments Below [—]Documents Attached Reviewed By: DEVON BORGARDT Date: 3/21/2024 57 Control No.: 24-E-4300-0249 Date Received: 3/18/2024 County.: ORANGE Agency Response: 4/17/2024 Review Closed: 4/17/2024 JINTAO WEN CLEARINGHOUSE COORDINATOR DPS - DIV OF EMERGENCY MANAGEMENT Project Information Type: State Environmental Policy Act ping Applicant: Orange County Planning & Inspections Project Desc.: Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to Commercial Non- Residential General Use designation. As a result of this review the following is submitted: ❑No Comment [-]Comments Below ❑Documents Attached Reviewed By: JINTAO WEN Date: 4/8/2024 58 Control No.: 24-E-4300-0249 Date Received: 3/18/2024 County.: ORANGE Agency Response: 4/17/2024 Review Closed: 4/17/2024 LYN BILES CLEARINGHOUSE COORDINATOR DEPT OF ENVIRONMENTAL QUALITY Project Information Type: State Environmental Policy Act ping Applicant: Orange County Planning & Inspections Project Desc.: Efland Ruritan Club requests that our property at 3009 Forrest Ave and 3100 Forrest Ave Efland NC 27243 be changed from Zoning Ordinance Residential R-1 to Commercial Non- Residential General Use designation. As a result of this review the following is submitted: ❑No Comment [-]Comments Below ❑Documents Attached Reviewed By: LYN BILES Date: 3/22/2024 Attachment 5 59 DRAFT 1 Excerpt of Draft Minutes MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 1,2024 4 REGULAR MEETING 5 6 MEMBERS PRESENT:Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 7 Cheeks Township Representative; Delores Bailey, At-Large Representative; Beth Bronson, At-Large 8 Representative; Marilyn Carter, At-Large Representative; Statler Gilfillen, Eno Township Representative; Chris 9 Johnston, Hillsborough Township Representative; Steve Kaufmann, Bingham Township Representative; Liz 10 Kalies, Chapel Hill Township Representative; Charity Kirk, At-Large Representative Whitney Watson, At-Large 11 Representative. 12 13 MEMBERS ABSENT: None. 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Patrick Mallett, Deputy Director— Development 16 Services; Perdita Holtz, Deputy Director—Long Range Planning &Administration; Tom Altieri, Senior Planner- 17 Long Range Planning&Administration; Taylor Perschau, Current Planning and Zoning Manager; Lauren Coffey, 18 Planner I. 19 20 OTHERS PRESENT: Anthony Cecil; Jana Murdoch Doherty 21 22 ***** 23 24 AGENDA ITEM 7: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT)-To review and make a recommendation 25 to the BOCC on an applicant-initiated zoning atlas amendment to rezone two parcels totaling +/-9.37 acres from 26 R-1 (Rural Residential) to GC-4 (General Commercial). The parcels are located at 3009 Forrest Ave., Efland 27 within the Cheeks Township (PINs: 9854-18-4217 and 9854-18-9274). This item is scheduled for BOCC public 28 hearing on June 4, 2024. 29 30 PRESENTER:TAYLOR PERSCHAU. 31 32 Taylor Perschau: We'll move to Item 7 which is a Zoning Atlas Amendment for a Conventional District 33 Rezoning from R1, Rural Residential to GC4, General Commercial. I'm Taylor Perschau, the Current Planning 34 and Zoning Manager. I'm going to walk you through the specifics of the requests, kind of just the process 35 overview and the specific details that staff is particularly interested. And then I will also have the opportunity to 36 introduce you to the applicant,who can speak for their own application better than I. So,we are talking about two 37 parcels in Efland that are at 3009 and 3100 Forrest Avenue. The applicant tonight is Efland Ruritan Club. So,as 38 a reminder of the different zoning options, we are talking about a Conventional District Zoning tonight. We have 39 Conventional, and then we also have Conditional as a rezoning option. With Conventional,we're going from one 40 category to another that is a broad, general zoning that's inclusive of multiple different uses. It does not require 41 a site-specific plan. Basically, opens up the property for this one, to GC4. If we did our math right, there are 52 42 different permitted uses within GC4, so we're moving tonight from a residential to what would potentially be a 43 commercial district. Your objective tonight is to hear from me, the applicant, and any public, to review and 44 discuss the analysis and Director's recommendation, and then come to a determination to recommend either 45 approval or denial to the Board of County Commissioners that will make the final decision. So, an overview of 46 the request is that we are over here just west of Hillsborough on US 70. Again,that's 3009, 3100 Forrest Avenue 47 in Efland. It's in the Cheeks Township. The watershed is the Upper Eno Protected, and again, the applicant is 48 Efland Ruritan who has historically owned and maintained the property and uses it for various nonresidential 49 uses at present. So, Rural Residential is what it's currently zoned, which is not in alignment with its 50 nonresidential use today. The overlays that are true for the property are that Upper Eno Protected Watershed 60 DRAFT 51 and the Efland Village Overlay. The Village Overlay is one that's applied when we have site plans that come in 52 and it basically applies specific setbacks or height restrictions that are specific to this Efland Village area, so this 53 area with the horizontal striping is the Village and then to the south,we have Efland Interstate Overlay, which 54 similarly applies different setbacks, and site plan specific standards when the site plan comes through. You will 55 see that the majority of the surrounding zoning is the yellow, R1. We do have some Neighborhood Commercial 56 here in the red and to the east, we have Agricultural Residential. To the south is the Office Research and 57 Manufacturing. Of course,when we're talking about any kind of rezoning whether it's Conventional or 58 Conditional,we always have the Future Land Use Map and the Comprehensive Plan in mind, and your task, the 59 Board of County Commissioners, and staffs' task is all to consider whether the rezoning would be in alignment 60 with what the Comprehensive Plan calls for, and in particular, the Future Land Use Map. So, the Future Land 61 Use Map designates this area as Commercial Industrial Transition and that is land that's focused on designated 62 road intersections within either a 10-year or 20-year Transition Area that's appropriate for retail and other 63 commercial uses,and/or manufacturing and other industrial uses. So,there's no proposed change to the Future 64 Land Use Map itself. Surrounding uses include single-family residential and the mobile home park to the north, 65 just up here. To the south, you'll also find single-family residential and the North Carolina Railroad line runs 66 east-west right here. To the east,there is some commercial auto repair and single-family residential, and then to 67 the west, there's also commercial auto repair, single-family residential where there are some churches, there's 68 Efland Supermarket, and a few additional commercial uses. So, what is required for the Conventional District 69 application? Of course, the complete application signed by the applicant, a map showing the land proposed for 70 rezoning, and a narrative detailing basically why this request makes sense or why they believe it makes sense, 71 and that could be how the proposed amendment corrects an error and how it is consistent with the consistent 72 with the Comprehensive Plan. And then, finally, it also requires additional information as identified by reviewing 73 agencies, and all of these have been provided by the applicant. So, a quick overview of GC4, General 74 Commercial. General Commercial is intended to provide suitable, situated and sized sites that allow a broad 75 range of commercial office and service uses, and then it has performance standards used to ensure the absence 76 of adverse impacts on the zoning district boundary, so should this zoning be applied to the property, these 77 dimensions are particularly kept in mind if there were to be a subdivision of the property or if there is future 78 development of the property with the addition of buildings. 79 80 Jana Murdoch-Doherty: Good evening. Thank you for this opportunity to address the Board. My name is Jana 81 Murdoch-Doherty. I'm a board member for the Efland Ruritan Club, and this is Anthony Cecil. He is a long-time 82 member and current president of the club. We are coming before you this evening to request this 83 recommendation to change the zoning designation from R1 to GC4 on the parcels owned by the Efland Ruritan 84 Club. We believe this change would bring the property zoning in line with its current and historical uses, as well 85 as with the County Future Land Use Plan. As Ruritan is one of the lesser known civic organizations, I'd like to 86 take just a moment and share a little information about it. Ruritan is a national civic service organization made up 87 of local clubs dedicated to improving their communities by identifying needs in their area and implementing 88 solutions to address those needs. Club membership represents a cross section of the community in which the 89 club serves. It is not restrictive with regard to occupation, social position or any other specific criteria. Currently, 90 there are about 25,000 members in 900 communities nationwide. Our club in Efland was founded in 1981 when 91 four local citizens saw a great opportunity to serve and support our community there. They came together to 92 purchase the land from the Orange County School Board and charter the club to benefit Efland and Orange 93 County,and we have been in operation ever since. Our mission as a nonprofit civic organization is to strengthen 94 and improve our community through various activities and financial methods. Prior to the Club's existence, this 95 property served as the local high school for the area and before that, as the site as the elementary school. Many 96 local citizens have a strong connection to this site and happy memories from those times. Not long ago, I was 97 chatting with one of our members about the history of the buildings while we were preparing a benefit dinner,and 98 1 got to hear some really great stories about when he attended the high school. This sort of oral history is made 99 possible by being able to gather together in this place and being able to pass those stories down helps to deepen 100 the younger generations' connection to the community also. It's clear that this centrally located spot makes 61 DRAFT 101 sense as a hub of activity and community engagement in the area. It has always been a natural gathering place. 102 Currently, we serve the community in several different ways including events for community enjoyment, 103 scholarships for graduating seniors from each of the local high schools, sponsorships of other local clubs and 104 community organizations, benefit meals, and more. Every year,we host a rodeo which is very well attended and 105 enjoyed by our local community, as well as surrounding communities. We allocate$6,000.00 each year to 106 provide scholarships to two graduating seniors from each area high school who are furthering their education, 107 either in academics or in a trade. We support youth programs both financially and by donating our space for their 108 use. This year, we're sponsoring youth sports teams and we also support the high school athletic teams, 109 specifically, the football teams, by providing a meal each year during their regular season. We've been 110 approached by Scout troops in the past about using our buildings for meetings, and we're very open to this. We 111 also allow other community focused groups, such as the Efland Historical Society, to use our space for regular 112 meetings. Over the years, Relay for Life, American Red Cross, Hillsborough Hog Day, Timeless Cruisers, 113 Hillsborough Sports Fishing Club, Orange County Sheriffs Department, and local churches and schools have all 114 used our property to help support their goals and to improve our community for all Orange County citizens. We 115 coordinate the benefit meals to support individual members of our community who have had tragedies befall 116 them,from house fires to medical diagnoses. We also have outdoor facilities, a playground, and a walking track 117 which the members of the community have access to for recreational purposes. Finally, we make our buildings 118 available to the community as an event rental space for an affordable fee. Any money we earn is used to 119 maintain our physical spaces, pay property taxes and other bills, and most importantly, to fund our 120 service-oriented activities. The Club's membership has been growing steadily over the past 5 years, increasing 121 in number and diversity. The membership is starting to better reflect the diverse makeup of our community from 122 ethnicity to gender to age. We currently have about 35 members which is an increase of, like, 11 to 12 percent 123 over the last 5 years. We think it's a really great sign to see the roster growing as many organizations have seen 124 a decline in membership over the past decade. Our intention is to continue using this space to support our local 125 community. We are focused on providing more opportunities for community enjoyment and engagement. This 126 year, in addition to our annual rodeo,we added a tractor pull in the spring. We're in the process of brainstorming 127 and implementing ideas about additional ways to give back including more regular summer events, such as free 128 concerts or movie nights, additional or more regular benefit meals, and community service projects. Attendance 129 at the Rodeo is so strong that we're also exploring ways to allow this continue growing as well. We would also 130 like to be able to add a State Employees Credit Union Cash Points machine, as there are not any ATMs nearby. 131 This is what provided the impetus for our long overdue rezoning application. Without the change in zoning, this 132 affordable access to banking would not be allowed on our property. We think it's an important service to provide 133 so that community members can have access to their money at a convenient and nearby location. Given our 134 growth in membership and activities, we don't anticipate the Club disbanding at any point in the near future. 135 Sadly though, my crystal ball is not working, and since no one can really guarantee anything,we do have a plan 136 designated in our charter and bylaws should this ever happen. In the event that the Club should cease to exist, 137 the land and assets are slated to be distributed among the area churches in an effort to maintain the space for 138 community service of some kind. What that would look like is flexible, but again, the intent is to keep this space 139 as a benefit to the community in one way or another. This rezoning will make sure that the Club can continue to 140 support the community in as many ways as possible. Not only does it align with the County projected use of the 141 area, it will also match the current use and allow us to offer additional services in the future such as adding an 142 ATM. We appreciate your consideration, and we will do our best to answer any questions you may have for us. 143 144 Statler Gilfillen: You said you purchased the property in 1981, that would have been 46 years ago. Since 145 that period of time, you've been basically doing what you're asking for in the zoning before us right now. 146 147 Jana Murdoch-Doherty: Yes. 148 149 Statler Gilfillen: So, historically, what you're asking for is a change in the paper writing, perhaps. 150 62 DRAFT 151 Jana Murdoch-Doherty: Yes. 152 153 Statler Gilfillen: But has there ever been any complaint or is anybody with Planning staff aware of any 154 complaints or legal issues about your use of the land and what was technically a violation of the zoning? Has 155 that ever appeared to anybody, any knowledge? 156 157 Cy Stober: I can answer that question,we don't have any complaints on record in recent history. I can't 158 comment back to 10 years. 159 160 Statler Gilfillen: Thank you. That eliminates my questions. 161 162 Marilyn Carter: Well, thank you for your presentation tonight and your package. I'm familiar with the site. 163 I've been at the Ruritan Club during voting times and so we appreciate that use in the past. Um, I do have a 164 question about two things. One is, typically there's Neighborhood Information Meetings associated with 165 rezoning requests, and I believe there's a Neighborhood Information Meeting that was held for the rezoning 166 request? 167 168 Taylor Perschau: So, a Neighborhood Information Meeting is actually not required for a Conventional. So, it 169 was not held in this case. 170 171 Marilyn Carter: Thank you for that clarification. Perdita has taught this to us, but it's always good have it 172 validated. The second question has to do with the nature of zoning and commercial zoning. And it appears that 173 this is certainly within the Matrix Attachment 2 in the packet that a GC4 zoning would meet the requirements, but 174 1 do have a question since some of the neighboring properties are actually zoned as Neighborhood Commercial. 175 What is a compelling difference between those two zonings and is there a reason that you wouldn't be able to 176 request a Neighborhood Commercial zoning to be consistent with your neighbors. 177 178 Taylor Perschau: So, I don't know. You might have a better answer, but I do believe we looked at both 179 General Commercial and Neighborhood Commercial, and I think the specific use that they had in mind for the 180 drive through ATM,was more suitable for GC4, but since someone is coming up, do you have something to add? 181 182 Pat Mallett: That's what I was going to say. That's sole basis for determination on the zoning category 183 since they had just a general case, but they knew exactly what they wanted to do. 184 185 Perdita Holtz: There's an actually an obscure use standard, and I think it's like 5.17, where Assembly 186 Uses,which is what a club is, you can't have more than 100 participants in a LC1 or NC2 district, so therefore, a 187 club would have to be either CC3 or GC4. So— 188 189 Beth Bronson: Can you repeat that, I'm sorry. I apologize. I just want to make sure that I understand. Of 190 100 people? 191 192 Perdita Holtz: Yeah, if you, I think it's 5.17. It might be 5.18, 1 don't recall of the top of my head. There is 193 a use standard for Assembly Uses, which means like the assemblage of people in a place. That, if, if it's in LC1 194 or NC2,there can't be more than 100 people in attendance at one time. And so,the Ruritan Club, like rodeo that 195 they have draws more than 100 people— 196 197 Beth Bronson: So, it's not the Club itself, it's special events that they have. 198 199 Perdita Holtz: Yes, or potentially if they were to grow. So, there is that restriction in, in the UDO for the 200 assembly uses. 63 DRAFT 201 202 Beth Bronson: Thank you very much, I appreciate that. 203 204 Cy Stober: Section 5.18, on Page 113 of Article 5. 205 206 Taylor Perschau: I would just offer that I have a few more slides to get through process wise, which we can 207 continue discussion now, or if I get through the slides, then it can be a totally open floor. 208 209 Adam Beeman: It's up to you. 210 211 Taylor Perschau: Okay. I did want to go ahead and acknowledge that we met requirements for public 212 notification as detailed in the UDO, so notices for this meeting were mailed via First Class Mail to all property 213 owners within 1,000 feet of the subject parcels on April 19th. Signs were posted on the subject properties April 214 18th, and ever since we've had application materials ready, we have had them posted publicly on our Active 215 Development Webpage. Staff analysis is that the application is complete in accordance with Section 2.8 of the 216 LIDO. We also find that the proposal is consistent with goals and objectives outlined within the Orange County 217 Comprehensive Plan,as was referenced. The Matrix where we're looking at the Future Land Use Classifications 218 against the zoning does find that GC4 is compatible with the Commercial Industrial Transition in a way that Rural 219 Residential is actually not. So,the amendment is also found to be reasonable and in the public interest because 220 it furthers goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land 221 Use Map as Commercial Industrial Transition Activity Node. Such areas have been identified as areas changing 222 from rural to urban in form and density, allowing a full range of commercial and industrial uses. So, now that 223 you've heard from myself and the applicant, now would be time for more review and discussion. I'm available, 224 Jana and Anthony are available, so back to you. 225 226 Whitney Watson: I know you would like to have a drive through ATM there, and I think the reasons make a lot 227 of sense. I was curious about what other ATMs are already in the area? I think there's one at Missy's Grill. Is 228 there any other? 229 230 Anthony Cecil: The only two that we know of are business owned at Missy's Grill, and the other one is at 231 Efland Supermarket. The closest State Employees would be Churton Grove, and then the next one would be 232 downtown Mebane near Junction. 233 234 Whitney Watson: Right. Since I know that ATMs can drive business, so customers come there, they get their 235 cash, then they go in and spend it. What are the business owners of these two other ATMs. Have they had any 236 comments about the installation of additional ATM in that area? 237 238 Anthony Cecil: I haven't talked to the owner of Missy's. I do know him personally, but I have spoken, not 239 directly about this subject, with Randy, and I know at Efland Supermarket. I know, the Credit Union had been in 240 touch with him at one point in time, but I think due to rental or lease agreements, I don't think it ever went through. 241 242 Adam Beeman: All right, thank you. Steve? 243 244 Steve Kaufman: I have no questions. 245 246 Delores Bailey: I do have a question. Back to the ATM, does it cost you all to have the ATM positioned 247 there? 248 249 Anthony Cecil: No,we do have a lease agreement where I think they were paying us something, $300.00 a 250 month— 64 DRAFT 251 252 Delores Bailey: So, you guys might get some money. 253 254 Cecil: Yeah. 255 256 Delores Bailey: Okay, thank you. 257 258 Beth Bronson clarified which parcels were being applied for, so Ms. Perschau discussed the symbology on the 259 map to identify this. 260 261 Anthony Cecil: The reason we're trying to get the whole property rezoned to the commercial is to bring us 262 along to what we actually do. That whole property was a school building. Personally, I don't think any other 263 school building around here is zoned residential. I don't know why this one was, but we're just trying to get our 264 property for the use that we have, bring it in line with what we're doing. That little piece of property right there,we 265 do use a little piece of it. Most of it is woods. But we use a little area for parking and stuff like that. We have 266 allowed when they was doing road work, they come and park their trucks there, they turn around. The people 267 that were putting all the fiber in, they've been parking down for over a year, which they just left, but I think are 268 coming back. So, we're just trying to bring everything into — 269 270 Beth Bronson: So, you have been renting it out as a storage area for supplies? 271 272 Anthony Cecil: We haven't been charging them folks— 273 274 Beth Bronson: But again, if it was General Commercial, you could. 275 276 Anthony Cecil: Yes. That's not our intent. 277 278 Beth Bronson: No, absolutely. And it makes complete sense that you would want to bring into alignment. 279 Well, it seems like R1, because when the business itself was there, there was not a zoning, and so when there 280 was a zoning applied, it all just kind of gets labeled, and then as people make changes, they have to kind of go 281 through the process of making the changes. So, here we are. So, thank you very much, and I appreciate that. 282 283 Chris Johnston: Whenever we do these Conventional District Rezonings, I always try to look at what's in the 284 new zone that wouldn't fit in for the neighborhood, because when we do these Conventional District Rezonings, 285 there are certain things that become permittable by right and so, Ms. Carter actually already asked my question 286 about did it make more sense for it to be NC2. I've just been reading over the standards for LC1, NC2, and ECS, 287 and I guess there's no real way around it because you guys already do more than 100. We've been out to the 288 Rodeo a couple of times now, and it's been great so, I have no further questions. 289 290 Charity Kirk: Just sort of touching on that same topic, General Commercial, one of the things listed was 291 water and sewer mains exist at the site or to be made available or the lot size for individual uses are appropriate 292 to the method of water supply and sewage disposal. What is the current water supply and sewage disposal, and 293 are there any issues with that? 294 295 Anthony Cecil: No, we have city water and city sewer on that property. 296 297 Charity Kirk: All right, thank you. 298 299 Cy Stober: To clarify, it's Orange-Alamance water and City of Mebane sewer. 300 65 DRAFT 301 Charity Kirk: I wasn't sure where. I knew there was talk of water and sewer at some point. 302 303 Cy Stober: It's serviced with utilities. One's a non-profit and one's public. 304 305 Charity Kirk: Okay, thank you. 306 307 Lamar Proctor: This is kind of maybe a joint question for staff as well as the applicant. If it's rezoned then 308 that zoning runs with the property to whoever buys it, right? So, our question is whether, regardless of the owner 309 or the intent, that it's consistent with the surrounding uses. I mean, is Efland Ruritan's intention to stay at that 310 site? 311 312 Anthony Cecil: Yeah, we have no intentions of ever closing. There is a stipulation in our bylaws. If 313 something was to ever happen, that property is supposed to be divided up between the area churches, so 314 hopefully, it will still stay for community use. That's why it was done that way. 315 316 Lamar Proctor: Do your bylaws permit you to sell it? 317 318 Anthony Cecil: No, we're not, they won't sell it. If the club ever dissolves, then the property would be 319 broken up. It would be taken control by the area churches. 320 321 Lamar Proctor: So that's part of the bylaws. And if you all needed to relocate, could you relocate? Or do 322 you have to dissolve and reform another organizational charter or something? 323 324 Anthony Cecil: We've never really thought about that. We're not planning on going anywhere. The Ruritan 325 Club was formed several years ago by, my father was one of them, I've been there since early '80s also, but it 326 was formed to help the community and do different things and just be there basically for a place for people to 327 meet. We've had everything from carnivals just trying to pay for the property. Fortunately,we run into the Rodeo 328 and it helped us out a lot, but no, we don't have any plans of shutting down. 329 330 Lamar Proctor: Well, I want to thank you for what you do for the community. I mean I represent this area 331 and I live in Efland, so thank you all for all the work y'all do. I really appreciate it and that's all I have. 332 333 Anthony Cecil: Thank you. 334 335 Adam Beeman: The only question I have is do you have an idea of where it would be located on your 336 property, this ATM? 337 338 Anthony Cecil: If you look, what we had talked about with the Credit Union, there's a little driveway right 339 here. It used to be where the school buses and all entered the property. About halfway down we had thought 340 about putting it right there. That was the initial plan, and they actually came out and laid it out and then that's 341 when the permit got denied. That's when we figured out that it, what it was zoned and that's why we're trying to 342 solve that problem. We had talked about putting it right there, but we're kind of open to putting it somewhere else 343 if they think it would be better. And the biggest reason we're asking for a drive-through is safety purposes. We 344 are kind of in the rural area and ladies, I don't think they like to come up and get out and have to walk up there, 345 especially in the evening, and stuff like that, but that's the only reason we've discussed a drive-through instead of 346 a walk up. 347 348 Adam Beeman: So, in that vein, would you block it off rodeo nights because I would assume most of your 349 walking patrons are going to stop at that ATM? 350 66 DRAFT 351 Anthony Cecil: Well, when we talked to them, we told them that we couldn't block it off at that time,just 352 because the amount of traffic we got there. It's a madhouse anyway.We've already talked to them and told them 353 we couldn't guarantee them nothing during that particular weekend. 354 355 Delores Bailey: I have a quick question about the safety of it. If it's not Rodeo weekend, how safe is that? Is 356 that like a lot of people that have eyes on where you're anticipating putting it? 357 358 Anthony Cecil: Yes, there's several families that live right there. My family lives there. My father lives 359 there. The Crabtree's live right there. We've never had a problem. I've seen people walking on the track at 2 or 360 3:00 in the morning. That's just when they're doing exercises because we have it well lit and then when we do 361 have to ATM brought in,we do have plans on putting more lighting out there for that purpose and taking a couple 362 trees down just for the simple fact to leave it more open. I used to be a deputy sheriff, and it's not the fact that it's 363 a bad area, but if you can prevent it,just take all obstacles out of the way. 364 365 Delores Bailey: I appreciate that. My other question is how many years have you been doing the rodeo? 366 367 Anthony Cecil: This will be 28 years. 368 369 Beth Bronson: When will it be this year? 370 371 Anthony Cecil: We actually moved it back a week. It's the last weekend of September. 372 373 Beth Bronson: All right, good to know. Don't want to compete with Hog Day. I do have one additional 374 question, well just a few questions, did you say SECU did provide you with site plans for the Cash Points? 375 376 Anthony Cecil: They did. They come out there and actually drew it out where they wanted it to put and then 377 1 think when they went and applied for the permit, they were told at the time the only place they could put it was 378 up under our shelter at the building which would take, it wasn't practical to do that. 379 380 Beth Bronson: But to be clear, it was not the zoning that was the issue of a rejection; it was the 381 drive-through— 382 383 Anthony Cecil: No, the zoning. The zoning is what shut it down. 384 385 Beth Bronson: But if you had put it in the shelter, the zoning would not have been an issue? 386 387 Anthony Cecil: I don't know exact, really what they were talking about, but that's what they were told at the 388 time. 389 390 Beth Bronson: That's understandable. I mean the building itself,would it support having the Cash Points to 391 be able to drive up to, park and walk into it? Is that feasible? 392 393 Anthony Cecil: No. 394 395 Beth Bronson: I mean given that they would want to install a drive-through, would they be installing all of 396 the asphalt and pavement? 397 398 Anthony Cecil: There's already some pavement there that they may be able to use but yeah, I'm assuming 399 there's a certain area they'll pave and I'm not sure to be honest with you. 400 67 DRAFT 401 Beth Bronson: Yeah, I just wanted to know there was no site plan for adding it. It's kind of hard to 402 understand because there's also that parking lot that's adjacent to it, which I understand you use as parking, but 403 if there was a standalone drive-through, or pull up, ATM on that empty lot the two on — 404 405 Anthony Cecil: Yeah, that's called the ticket booth on that little lot, and the other day I said, well that 406 wouldn't be a bad spot right there. 407 408 Beth Bronson: Thinking about how they have those standalone kiosks with the clear walls and you would 409 walk up to it versus or you drive around through it, however, but there's a lot more space to move around there 410 than there is to cut into the parking lot of the Ruritan Club. 411 412 Anthony Cecil: So the biggest reason we looked at the other one is just because it has an in and an out 413 pretty easily. The other one is pretty rough. One end is pretty rough out and— 414 415 Beth Bronson: Yeah, no I see that for sure. I am not an asphalt expert, but given the age and state of the 416 asphalt now— 417 418 Anthony Cecil: Oh yeah, it'd have to have something done. 419 420 Beth Bronson: Yeah, and I just wanted to make sure that,are you operating on good faith that they're going 421 to be covering those costs or are they going to be coming to you and asking, you know, for, doing that. 422 423 Anthony Cecil: Yeah, I can't remember what the conversation was on that. I think it's pretty much, they told 424 me what they needed, so like I said we was in compliance with what they needed. 425 426 Cy Stober: So Ms. Bronson, and Board, we've been looking at a lot of Conditional Zoning cases over 427 the last year. You're getting accustomed to seeing site plans that accompany a zoning application. This is 428 Conventional Zoning, and it allows for a menu of uses, including the ATM, and that's what's being considered 429 tonight. We will do our jobs. Taylor's staff will do their job to ensure that it complies with all the development 430 standards of the County, including paving and lighting,which we have explicit language in our Ordinance that the 431 lighting is intended to be for safety purposes, so we will be addressing all of that when we receive the site plan, 432 should the zoning be approved by the Board of Commissioners. But this is simply to consider whether it is a 433 consistent land use zoning district for the Efland Village and the surrounding neighboring properties, so I just 434 want to remind you, there's more than just the ATM. There's more than just the Rodeo to consider. There's the 435 entire menu of uses. Staff has analyzed the application and the proposed uses and feels that this is in the 436 applicant's interest to request and we've done an analysis that finds it's consistent with our Comprehensive Plan. 437 438 Beth Bronson: And I absolutely respect that and I don't mean to grill you on design plans or anything like 439 that, but I do appreciate it. Thank you for providing the info that the Credit Union gave you in the first place. 440 That's good to know. 441 442 Adam Beeman: Do we have any other questions? Do I have a motion? 443 444 MOTION BY Chris Johnston to accept the rezoning request as proposed. Seconded by Statler Gilfillen. 445 446 MOTION PASSED UNANIMOUSLY. 447 448 Beth Bronson: I know that we made the ruling. I have one more question. It happened very fast. I just 449 want to make sure that General Commercial, like the non-profit nature of the Ruritan Club doesn't change. 450 68 DRAFT 451 Cy Stober: We have no authority over that. That's a deed restriction. That's between private property 452 owners and would be resolved during the deed transfer. 453 454 Beth Bronson: Okay. 455 456 Cy Stober: We would acknowledge that the covenant exists. It's a pretty well-known covenant at this 457 point, but we don't enforce it. 458 459 Beth Bronson: Okay. Just wanted to make sure. 460 461 Lamar Proctor: I meant to ask this before we approved it, but were there any comments on, from public? 462 463 Beth Bronson: No. 464 465 Taylor Perschau: No, we did not. Staff did not receive any comments. 466 467 ***** 69 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 has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) • R-1 (Rural GC-4 (General Residential, 9.37 Commercial); d acres);flanflan 9854-18-4217 Cheeks EUpper Eno Protected n 9854-18-9274 Upper Eno Protected Watershed, & Efland Club Watershed, & Efland Village Overlay Village Overlay Districts. Districts. The Planning Board hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1 .1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency 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. c. The proposal is consistent with goals/objectives outlined within the Comprehensive Plan concerning development, including: • Planning Principle 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. The properties are located in the Commercial-Industrial Transition Activity Node (CITAN) on the Future Land Use Map (FLUM), and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the Unified Development Ordinance (UDO) as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." 70 The properties are largely already developed as impervious surface and rezoning allows for the opportunity to redevelop this property to achieve the goals of both this planning principle and the overlay district, which identify the area and properties as where density and non-residential uses should be encouraged. • Planning Principle 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. • Planning Principle 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. • Planning Principle 7. Promotion of Economic Prosperity and Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[I]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the LIDO as "...an urban village style of development in an area of the county served, or intended to be 71 served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. • Planning Principle 8. Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It also has the potential to enhance the Efland community, providing for convenient location to realize more and better goods and services than currently available in the community. • Land Use Overarching 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. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning and non- conforming, seasonal uses of the properties. • 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. The Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; 72 the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. • Land Use 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., 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. The Efland Village Zoning Overlay District, which is defined in the LIDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed- route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the UDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. • Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a 73 market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. • Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the LIDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning and non- conforming, seasonal uses of the properties. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the UDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. The Orange County staff has noticed the public regarding this application, as required by Sections 2.8.7, 2.9.1(D), and 2.9.2 of the LIDO, including a required Neighborhood Information Meeting, mailings to neighboring property owners, posting of the property, and advertisement in the local newspapers. Additionally, staff have provided all application documents on the Active Development Projects webpage, responded to public inquiries, posted social media notices on the project, featured it in the weekly newsletter, communicated directly to individuals contacting the department about the project, and made the Planning Board available for public emails concerning the application. 74 • Appendix F, Land Use Classification Description for Commercial-Industrial Transition Activity Node (CITAN): Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. A rezoning to GC-4 is more consistent with this description than the current R-1 zoning and non-conforming, seasonal uses of the properties. The amendment is consistent with these goals because the proposed development is consistent with existing/anticipated development within the area and the land use associated with the project is compatible with various 2030 Comprehensive Plan goals detailed above. d. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "Community-Industrial Transition Activity Node." Such Nodes have been identified as areas changing from rural to urban in form and density, allowing a full range of commercial and industrial uses (reference pages 5-15 and F-1 of the Comprehensive Plan and page 10-7 of the UDO). The Planning Board hereby adopts this Statement of Consistency and the findings expressed herein and recommends the Board of County Commissioners consider adoption of the proposed Zoning Atlas Amendment. Adam Beeman, Chair Date Attachment 6 75 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 has been reviewed to rezone a parcel as follows: Parcel Identification Township Owner of Current Zoning Proposed Zoning Number Record (PIN) • R-1 (Rural GC-4 (General Residential, 9.37 Commercial); Efland acres); 9854-18-4217 Cheeks Ruritan Upper Eno Protected Upper Eno Protected 9854-18-9274 Watershed, & Efland Club Watershed, & Efland Village Overlay Village Overlay Districts. Districts. The Board of County Commissioners hereby finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan Consistency and 160D-605(a) Governing Board Statement — Plan Consistency 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. c. The proposal is consistent with goals/objectives outlined within the Comprehensive Plan concerning development, including: • Planning Principle 2. Sustainable Growth and Development: Growth and development within the county should occur in a pattern, location, and density that is sustainable over the long-term. The properties are located in the Commercial-Industrial Transition Activity Node (CITAN) on the Future Land Use Map (FLUM), and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the Unified Development Ordinance (UDO) as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." 76 The properties are largely already developed as impervious surface and rezoning allows for the opportunity to redevelop this property to achieve the goals of both this planning principle and the overlay district, which identify the area and properties as where density and non-residential uses should be encouraged. • Planning Principle 5. Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. • Planning Principle 6. Water Resources Preservation: The County has finite water resources to provide to future populations. The protection and management of the County's water resources should be a high priority. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. • Planning Principle 7. Promotion of Economic Prosperity and Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be 77 served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. • Planning Principle 8. Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a market need without encroaching into rural areas. It also has the potential to enhance the Efland community, providing for convenient location to realize more and better goods and services than currently available in the community. • Land Use Overarching 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. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning of the properties. • 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. The Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; 78 the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. • Land Use 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., 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. The Efland Village Zoning Overlay District, which is defined in the UDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed- route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the UDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. • Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features, and that protect natural resources, cultural resources, and community character. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. By supporting the rezoning and redevelopment of these properties in Efland, the owners can provide for goods and services in an area designated to do so, filling a 79 market need without encroaching into rural areas. It will also have the indirect impacts of likely reducing vehicle miles traveled and carbon emissions, by providing for such services in a locale that is closer to the homes of Efland community residents so that they do not have to travel to municipal locations, as currently required due to the lack of commercial businesses. • Land Use Goal 3: A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community and rural character, minimizes land use conflicts, supported by an efficient and balanced transportation system. The properties are located in the CITAN on the FLUM, and is defined in the 2030 Comprehensive Plan as "[/]and focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses." It is also located in the Efland Village Zoning Overlay District, which is defined in the LIDO as "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems." A rezoning to GC-4 is more consistent with these stated goals and objectives than the current R-1 zoning of the properties. The rezoning of these properties will enable their redevelopment for commercial purposes, which is how they have been historically used, so that they may better serve the needs of the Efland community. Redevelopment of existing impervious area will result in no new impacts to the watershed or receiving waters, should the redevelopment occur within this existing impervious area. Development exceeding that developed area would be subject to regulation under the County's stormwater and water supply watershed regulations; the properties are located in the Upper Eno Protected Watershed. Due to the availability of City of Mebane sewer access, no septic treatment will be required, further reducing potential impacts to the surrounding waters. While these properties have no direct access to transit services, the properties are immediately adjacent to the Orange-Durham Connector (ODX) fixed-route transit service line and accessibility could be explored in the future, if warranted by analysis. All development standards required by the LIDO will be applied to any applications for construction on these properties, serving many of the stated objective purposes. • Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. The Orange County staff has noticed the public regarding this application, as required by Sections 2.8.7, 2.9.1(D), and 2.9.2 of the LIDO, including a required Neighborhood Information Meeting, mailings to neighboring property owners, posting of the property, and advertisement in the local newspapers. Additionally, staff have provided all application documents on the Active Development Projects webpage, responded to public inquiries, posted social media notices on the project, featured it in the weekly newsletter, communicated directly to individuals contacting the department about the project, and made both the Planning Board and BOCC available for public emails concerning the application. 80 • Appendix F, Land Use Classification Description for Commercial-Industrial Transition Activity Node (CITAN): Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. A rezoning to GC-4 is more consistent with this description than the current R-1 zoning of the properties. The amendment is consistent with these goals because the proposed development is consistent with existing/anticipated development within the area and the land use associated with the project is compatible with various 2030 Comprehensive Plan goals detailed above. d. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "Community-Industrial Transition Activity Node." Such Nodes have been identified as areas changing from rural to urban in form and density, allowing a full range of commercial and industrial uses (reference pages 5-15 and F-1 of the Comprehensive Plan and page 10-7 of the UDO). The Board of County Commissioners adopts this Statement of Consistency and the findings expressed herein. Vote: For, Against Jamezetta Bedford, Chair Date Attachment 7 81 Ordinance#: ORD-2024-012 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed an application seeking to amend the Orange County Zoning Atlas, as established in Section 1.2, of the Orange County Unified Development Ordinance (UDO), and WHEREAS, this petition seeks to rezone a 8.25 acre parcel of property (PIN 9854-18-4217), and an adjoining 1.12 acre parcel of property (PIN 9854-18-9274) both from R-1 (Rural Residential) to GC-4 (General Commercial), hereafter `the Property'; 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; and WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the adopted 2030 Comprehensive Plan and reasonable and in the public interest. WHEREAS, the property lies within the Upper Eno Protected Watershed delineated by the NC Department of Environmental Quality Water Supply Watershed program and is thereby consistent with that same zoning overlay district, as established in Section 4.2 of the UDO. WHEREAS, the property lies within the "Efland Village" zoning overlay district and the proposed zoning district is consistent with the UDO's stated purpose of that overlay district to support "...an urban village style of development in an area of the county served, or intended to be served, by public water and sewer systems". BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the aforementioned 8.25 acre and 1.12 acre parcels to GC-4 (General Commercial), as detailed within the submitted application. 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 , 2024. 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 , 2024 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 , 2024. l 82 SEAL Clerk to the Board of Commissioners