Agenda 09-03-19 Item 8-a - Minutes

Browse Search

37 1 VOTE: UNANIMOUS 2 3 c. Zoning Atlas Amendment - 2616 Old Greensboro Road (PIN 9758-42-4098) 4 The Board held a public hearing, receive the Planning Board recommendation, and 5 consider action on a property owner initiated amendment to the Zoning Atlas for a parcel of 6 property at 2616 Old Greensboro Road. Specifically, the applicant is requesting the property be 7 rezoned: 8 9 From: Existing Commercial (EC-5); Rural Buffer (RB); University Lake Protected Watershed 10 Protection Overlay District 11 12 To: EC-5; University Lake Protected Watershed Protection Overlay District to ensure existing 13 non-residential land uses are conforming to the requirements of the Unified Development 14 Ordinance (UDO) to ensure existing non-residential land uses are conforming to the 15 requirements of the Unified Development Ordinance (UDO). 16 17 BACKGROUND: In 2016, staff initiated a review of several properties throughout the County 18 that were split zoned (i.e. residential and non-residential zoning designations), zoned 19 nonresidential where there was no corresponding non-residential land use, and where existing 20 zoning boundaries did not allow for the logical use of property. 21 22 As reported at that time, there were many instances where previous staff had drawn zoning 23 district boundaries in a manner encompassing the actual land use (i.e. building) while excluding 24 other areas, most notably parking, septic fields and/or required land use buffers. Staff worked 25 with several property owners, including the current applicant, in an attempt to address these 26 problems by updating the zoning designations on various parcels. 27 28 2616 Old Greensboro Road, further identified utilizing Orange County Parcel Identification 29 Number (PIN) 9758-42-4098, is an approximately 4 acre parcel of property split zoned RB and 1 30 EC-5. EC-5 is the general use zoning designation specifically crafted to capture "grandfathered" 31 non-residential uses in existence prior to the adoption of zoning in each township. In this case, 32 Bingham Township (including this property) was originally zoned in 1981. 33 34 The property has been used as a self-storage facility, wood working shop, and residence since 35 approximately 1977. Current zoning designations split the existing non-residential land uses into 36 separate districts (i.e. portions are located within both the EC-5 and RB general use zoning 37 designations). 38 39 When staff initiated zoning atlas amendments in 2016, the property owner requested this 40 property not be considered to allow additional opportunity to review impacts. Since that time, the 41 property owner has elected to submit the required zoning atlas amendment application seeking 42 to proceed with a rezoning of the property, eliminating the existing split zoning and zone the 43 entire parcel EC-5, consistent with staff's original proposal in 2016. 44 45 It is unclear why the original zoning effort undertaken in the Bingham Township, which occurred 46 in 1981, failed to capture the various non-residential land uses that were in existence on the 47 property. This request, however, will address this matter by rezoning the property entirely to EC- 48 5. 49 50 Development Process, Schedule, and Action: The typical cadence for the review of a 51 General Use Rezoning and Zoning Atlas amendment is: