Agenda 06-04-2019 5-c - Zoning Atlas Amendment - 2616 Old Greensboro Road (PIN 9758-42-4098)

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DRAFT 20 EXCERPT MEETING MINUTES ORANGE COUNTY PLANNING BOARD MAY 1,2019 REGULAR MEETING MEMBERS PRESENT: David Blankfard (Vice-Chair), Hillsborough Township Representative; Hunter Spitzer,At-Large; Jessica Aguilar; At-Large; Hathaway Pendergrass, At-Large; Susan Hunter, Chapel Hill Township Representative; Adam Beeman, Cedar Grove Township Representative; Patricia Roberts, Cheeks Township Representative; Randy Marshall, Bingham Township Representative; Melissa Poole, Little River Township Representative; Kim Piracci, Eno Township Representative; MEMBERS ABSENT: Carrie Fletcher, Bingham Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; STAFF PRESENT: Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor; Pat Mallett, Planner II; Tina Love,Administrative Assistant III OTHERS PRESENT: Tim Smith, Summit Engineering; Stan Lawton; Property Owner; Jim Parker, Owner-Developer; Mark O'Neal, Pickett-Sprouse; Cyrus Griswold, Linda Nathansen, Jim & Donna Ray, Zelda Lockhart; Alois & Kim Callemyn AGENDA ITEM 7: ZONING ATLAS AMENDMENT(GENERAL USE REZONING)—To review and make a recommendation on an owner initiated application seeking to rezone 4.08 acres of property (PIN 9758-42-4098) located in Bingham Township on the south side of Old Greensboro Road from Rural Buffer (RB) (2.65 acres) and Existing Commercial (EC-5) (1.43 acres) to Existing Commercial (EC-5) (4.08 acres). The purpose of the rezoning is to resolve a split zoning by applying one zoning district to the entire parcel on which an existing commercial use is located. PRESENTER: Patrick Mallett, Planner II Patrick Mallett: Welcome new members;welcome old members. I am the staff person that will be presenting items 7 and 8 tonight. The first one is a general use zoning case. In your packet, you've got an abstract which starts on page 11 of your packet. It goes through some of the basic information and includes five attachments; the application, map of the subject parcel, the zoning exhibit showing any existing conditions of the property, the Statement of Consistency, and then the ordinance amending and the zoning atlas with the zoning map. As I said, this is a General Use Rezoning request. The property owner is Mr. Stan Lawton who is here with Alois Callemyn a surveyor and his wife, Kim. The subject property is Lawton Storage. As you can see from this photo, the issue at hand is that the commercial zoning goes right through the existing building, and the building has been operating as a storage facility since 1977. What the applicant is seeking to do is to take the 2.65 acres of Rural Buffer zoning and rezone the entire parcel as Existing Commercial (EC-5). It's all within the University Lake Watershed and would all remain within that watershed. So, 4.08 the existing parcel size is proposed to be rezoned to existing commercial. The summary is that most of you were not on the Planning Board at the time, but in 2016 the Board of Commissioners directed staff to take a comprehensive look at not just this township and others and evaluate look at properties that had zoning issues, namely split zoning. This was one of those cases. At that time, Mr. Lawton wanted to stop and consider his long-term goals and figure out what he wanted to do regarding the implications for the property and the business he's been operating since 1977. So, we pulled his case out of that stack. Since that time, he's decided to proceed with what the staff was recommending in 2016 which was to rezone the entire existing parcel to EC-5. Zoning in Orange County rotated around various Townships and Bingham zoned for the first time in 1981. His storage business, the proceeding woodworking, and truss operation well preceded the original zoning in this township. The policy at that time was quite literal, and I think it was a common practice to draw a line around a building that was non-residential use and leave the remainder to a residential zoning category. That's created a number of issues namely conformity, the ability to meet the landscape requirements, and a series of other things. Our recommendation is that you review the amendment, deliberate on the petition, consider the director's recommendations and then make a recommendation for the Board of Commissioners for their June 4th meeting.