Agenda - 09-05-2024; 5-b - Zoning Atlas Amendment – Dimmocks Mill Road, Hillsborough, Hillsborough Township

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45 DRAFT 50 zoning overlay, they're not requesting and we're not requesting to change the zoning 51 districts, it would still be rural residential R1, it would just change the boundary and the 52 distinction between what is in the Upper Eno Critical watershed and the Lower Eno. 53 Future land use designation, agricultural residential, rural residential on the 10-year 54 transition. Our request is to modify that boundary to the area in pink. It only applies, you 55 see an odd jog, the reason being is this property owner applied for that boundary 56 amendment and then went through the process with the state and that, prior to getting 57 here, included a petition by the property owner to us with a survey indicating, with a 58 registered surveyor's seal, recorded this is the ridge line I'm certifying that this is the ridge 59 line that's been recorded. We notified the state about that request. We also notified the 60 Board of County Commissioners, they received that request, it was then passed on to the 61 state and then passed on to the EMC. The state has acknowledged that boundary 62 change so as far as the state is concerned, that pink line is the ridge line. We're going 63 through the semantics of quite honestly just amending our overlay district to correspond 64 with that line. 65 Lamar Proctor: I had a quick question. 66 Patrick Mallett: Sure. 67 Lamar Proctor: Why just this property, why not the adjoining parcels and make it correct all the way 68 through? 69 Patrick Mallett: Where do you stop? I mean, it would keep going and we need to have the process start 70 with the property owner and a surveyor. You have to have a surveyed boundary and a 71 surveyor attesting to the fact that that's the ridge line and it could keep going, we have 72 some adjacent property owners and I think one of them is going to contemplate whether 73 it's worth it for him to go through the same process. It's the property to the south of this 74 one. 75 Lamar Proctor: What's the practical result of moving it in terms of property use? 76 Patrick Mallett: It's simple but nuanced. Simple question with a nuanced answer. I think for larger 77 properties, not too much. In the second case you're going to see it had a direct impact on 78 that property owner and what she wanted to do. In this case, I think it has more to do with 79 the engineer pointing out if there's any development activity on this property or the smaller 80 lot, Lot No. 2 on this survey, there are implications that would apply in terms of impervious 81 to Lot No. 2. Ultimately the land disturbing activity on these properties would require a 82 land disturbance permit, a storm water analysis and so it has more to do with, from the 83 engineer's perspective, in that analysis I want to show pre and post-development, which 84 way the water's breaking and do my analysis accordingly versus running that analysis on 85 an arbitrary line that defies the laws of physics. 86 Lamar Proctor: Got it, thank you. 87 Patrick Mallett: Staff has determined the application is complete, staff reviewed the considerations of the 88 request, and it adheres to the principles of the Orange County 2030 comprehensive plan. 89 We went through the notifications like we would with other rezoning requests, signs, 90 notices, and put it on our website. And this is where we are. We went through planning 91 staff review, the DAC review, comments from other departments, and then this would get 92 referred on like other zoning cases to the board of county commissioners. We 93 recommend that you receive the rezoning application deliberate on the proposals desired, 94 consider the planning director's recommendation and make a recommendation to the