HomeMy WebLinkAboutAgenda - 05-18-1999 - 9bORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: May 18, 1999
Agenda Abstract
Item # ~- 6
SUBJECT: ZONING ATLAS AMENDMENT - Z-01-99 Armin Lieth
ACTION BY: N/A
DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X_ No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENTS:
Staff Findings
Application
Vicinity Map
Staff memorandum
Certificate of Mailing
February 22 Public Hearing Minutes
April 7, 1999, Planning Board Minutes (Draft)
INFORMATION CONTACT:
Karen Lincoln, Extension 2583
PHONE NUMBERS:
Hillsborough 732-8181
Mebane 227-2031
Durham 688-7331
Chapel Hill 967-9251
PURPOSE: To consider the proposed rezoning of portions of two lots in the White
Cross community, Bingham Township, from R-1, Rural Residential, to LC-1,
Local Commercial, and NC-2, Neighborhood Commercial.
The applicant is proposing to rezone 4.0 acres of an 11.5 acre lot (PIN
9749-50-8084) from. R-1 to NC-2; to rezone 2.5 acres of that same lot from
R-1 to LC-1; and to rezone 1.5 acres from another 11.5 acre lot (PIN 9748-
59-4995) from R-1 to LC-1.
BACKGROUND: The subject property is owned by Armin Lieth and is located on the south
side of N.C. Highway 54 West approximately 0.28 mile west of Butler Road
(SR 1951) and approximately 0.265 mile east of White Cross Road
(SR 1952).
As previously indicated, the property is zoned R-1, Rural Residential. The
southern halves of the two lots are zoned HAW-PW, Haw River Protected
Watershed Overlay District. Approximately 2.0 acres of the area proposed
to be rezoned to LC-1 is within the HAW PW Overlay District. None of the
3
NC-2 NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS
Date Zoned Zoning Case Acreage Zoned
9/02/1881 Township Zoned (6.30..7B) 0.36 ac.
9/02/1881 Township Zoned (6.30..20 1.01 ac.
9/02/1881 Township Zoned (6.30..15) 0.99 ac.
4/07/1986 Vemon P. Davis (6.30B..p/o 8) 1.00 ac.
8/01/1989 Whisnant & Phillips (6.30..p/o 8) 1.00 ac.
8/05/1991 W.E. Blackwood (6.30B.p/o 13) 0.65 ac.
TOTAL: 5.01 ac.
In December, 1995, a proposal to rezone a 4.71 acre lot within the White
Cross Rural Community Node from an Agricultural Residential Zoning
District to an Agricultural Services District triggered opposition from
surrounding property owners who opposed increasing commercial uses in
the area. Minutes from that meeting also indicate that "this area was
studied several years ago with other economic development districts
because it was reaching its maximum" (maximum allowed area zoned for
commercial uses). "The sentiment from the residents was that no changes
were wanted that would provide for more non-residential development.
Thus, that area was eliminated when proposed economic development
districts were recommended." The Planning Board recommended "the
establishment of a small area planning group to work with the property
owners and residents in and around the White Cross activity node to
prepare a land use plan for the node."
The Orange County Sheriffs Department commented that the Sheriffs
Department presently provides patrol services to the area and that office
sees no need for an increase in personnel or equipment to continue that
service (if the property is rezoned).
The Orange County Fire Marshall has commented that fire protection to the
property is provided by the White Cross Volunteer Fire Department and
emergency medical services are provided by Orange County Emergency
Management; that the impact on those emergency response agencies
cannot be determined until a specific development is proposed since
requirements for staff and equipment are based on quantity, size, type and
occupancy of buildings.
5
Planning Board Review
The Planning Board reviewed this application on April 7, 1999, and voted
unanimously to deny the application based on the amount of land already
zoned LC-1 and NC-2 within the node (5 acres within each zoning district)
and, finding that further study is needed to determine any justification for
increasing the amount of land zoned for Local Commercial and
Neighborhood Commercial uses in the White Cross Rural Community
Node, the Board recommend that the White Cross community be
reevaluated through completing the White Cross Small Area Plan.
RECOMMENDATION: Administration recommends:
• Denial of the request to rezone 4.0 acres from R-1 to NC-2;
• Denial of the request to rezone 4.0 acres from R-1 to LC-1.
The Board should vote on each proposed amendment to the Zoning Atlas.
(The application is for two separate amendments to the Orange County
Zoning Atlas.)
The Planning Board recommendation included the denial of the rezoning
and consideration of an update to the small area plan for the White Cross
community.
The Board of County Commissioners 1999 -2000 goal setting sessions
note that there is no need at this time to review the White Cross Small Area
Plan until regulations and comprehensive planning are updated.
7
BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING BOARD RECOMMENDS THAT
THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS AS REQUIRED BY THE ORANGE COUNTY
ZONING ORDINANCE:
Article XX, Section 20.3.2 of the Orange County Zoning Ordinance state that applications for amendments to the
Zoning Atlas ,without limiting the right to file additional material, shall contain at least the following..
PLANNING BOARD EVIDENCE SUBMITTED TO SUPPORT BOARD OF
FINDINGS FINDINGS COMMISSIONE
FINDINGS
20.3.2d) Changed conditions,
if any, which make
amendment reasonably
necessary to promote public
health, safety and general X Yes _
welfare (cont.)
20.3.2e) Manner in which
proposed amendment will
carry out purpose and intent
of adopted Comprehensive
Plan _ Yes X
averages estimates obtained from
seven different methods indicates
the population of Bingham
No Township to be 6,127. A resolution
regarding a small area plan for the
White Cross Community passed by
the Bingham Township Advisory
Council in November, 1996, states
that "White Cross is in a portion of
the County subject to growth
pressures because of its proximity
to UNC and the Research Triangle."
The application states that recent
public hearings and discussions of the
White Cross Small Area Plan support
No and significantly expand the future
commercial area and function of the
node.
Records of such meetings indicate
that community meetings held to
identify key issues and concerns of
area residents identified concerns
about types of commercial activity
(did not want strip shopping
centers), impact of commercial
development, community
appearance, watershed protection,
preserving rural character, and
traffic safety at the intersection of
NC Hwy 54 and White Cross Rd.
Ease of access to major services in
Carrboro and Chapel Hill was
perceived as a positive aspect of
life in the community.
_ Yes _
_ Yes
9
ARTICLE 4 -DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA
Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district
designation. The applicant has applied for a Neighborhood Commercial-2 designation. The criteria for that district
are set forth in Article 4.Z.9 b) as follows:
PLANNING BOARD EVIDENCE SUBMITTED TO BOARD OF
FINDINGS SUPPORT FINDINGS COMMISSIONERS
FINDINGS
1. Site is located within areas The proposed sites are within
designated by the adopted the White Cross Rural
Comprehensive Plan as either a Community Activity Node.
Commercial Transition Activvity
Node, a Rural Commercial
Activity Node or a Rural
Neighborhood Activity Node. )( Yes _ No _ Yes _ No
2. Uses would serve a market Any commercial uses would
area population confined to the serve the immediate area.
immediate area and would
generaly not serve commuters
or persons outside the
surrounding neighbofiood. X Yes _ No _ Yes _ No
3. Lot size for individual uses .The application indicates that
shall be appropriate to the engineering reports indicate the
method of water supply and ability to treat up to 8,000 gallons
sewage disposal. X Yes _ No per day of septic waste on site.
All proposed zoning lots are Yes _ No
greater than 1.0 acre in size
which should be sufficient size
to locate septic systems.
4. Normally, the maximum The application indicates that
amount of land zoned NC-2 at population density in this area is
any node shall not exceed nine comparable to that within transition
acres, but 5 acres shall appty in
rural areas where population areas.
There are 5
01 acres within the
density is lower and distributed .
more widely than in the node zoned for NC-2 uses -the
Transition area. Acreage maximum allowed within a rural
limitations shall not apply to community.
property zoned Existing
Commercial V (EC-5) or planned
developments. _ Yes )( No _ Yes _ No
5. All sites designated NC-2 Proposed zoning lots have
shall have direct access to a frontage on N.C. Hwy. 54 W.
street classified either as an
arterial or collector as designated
by the adopted Comprehensive X Yes _ No _ Yes _ No
Plan.
11
Orange County, North Carolina
Application for Change of Zoning District
Date:..1213Il L 1998
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas of
Orange_Countyr as hcreina$.er:tequested.
1. The property is located on the south side of Highway 54 between S. R #1952 (White
CrosaRd_). and S. R# 19~L (Hutlet.Rd~ It.is.kna~a4lot(s) 9 ~.L~ ofQrange
County Tax Map 6-30B Township. It has a frontage of 554 fact and a depth of
fPgT,anA CDnt~a ~ ~Cres.
2. It is_desired.ancLrequested_thatllnrtions.o£thafntegning.g~COPerty he re~nn~ $~ Rl
to V 2 and LC 1.
3. Tli~fplloyang,infnrmatinn ha_¢ heen ttarh~ in c»npnrt o£thC Trmrli~atinn fiN ~~8
the Zoning Atlas:
a_ A~dimensionedmag.aLa.scalero£ond(l-~inctLequalssixty..(fiQ)-feetsh4win8
the land which is proposed to be rezoned.
1L. A_legaLdescriptinn. efthe land p~pQg~~ e r pn~,
c. A statement of justification addressing:
• The alleged eaQtin.th~~n~g..()r roan ~rianX,~vhich.willhe_c~ccted
by the proposed amendment with a detailed explanation of such error in. the
ZorilIIg Atlaa and d~ail~ re~gpng hn~the_p~o~po~sed.amendment~will
correct the error.
• The ChSIIgBL~Otcha ~'ng cnnriitinng,~, if~rj~~Q arQB_OLjat11~.C.g1111ty
generally, which makc the proposed amendment reasonably necessary to
th0 prOmntinn of the »»hlin hws'1thr~Xratid,$~ne~el
• The manner in which the proposed amendmenrt will carry- o t the intent and
piupose Of,~arln ~ 1•.and I.L~PIan_oLgattthereof.
• The emiromnemal bencfits of the proposal
LcE~_that,all infiirmatinn fi~rniahpcl in thig. nnli tinn Lg an , ~Tat~ to ~~ Of
my knowledge. '
Agplicant(a~ Armin Lieth
Address: PO Box 4752 Chanel North Carolina. 27515
Telephone:. Qfi8-9854
Lieth TEL:
Jan 12,99 17:31 No .004 P.O1
13
. yof:
TM 6.308.9 +10
.. PIN 4748.59.4995, 9749-SO-8084
Lot 9:
H at a point is the teats line .of NC Highway S4 sad said poirrt being the
northeast comer of Tract 5 as shows oa the plat herein described; Homing thence with the
center 8ne of the said NC ITighway S4. ia. as eaat,erly direction. abng the aro.ofra counter-
cloclcwise circle having a rata of 3819.72 feet a distance of 295.33 feet to a point; ~`
tontiaoumg, thence north 7.6 degras 4Q.mimrta. east .134.00 feet to a point;.nannio~gthmce
south 08 degrees 06 minutes east .1217.ZS Ebel to an iron stake; nuwng thence moth 7St
degras OS minutes west 357.90 ant to m iron.stetce in the eastaa.prnperty Brae of Tract
8 as shown on the plat ba+ein ; ruaoing thence north 17 degrees SS miaoutes ~
264.70 fiat ~ as iron stalc~a in the.aoctbeaat torner.of the acid Tract 8; ruaaing.theace
north 09 degrees S 1 minutd sad 45 seconds west 990.14 fat to the point and place of
BE(lID>hJIl1Ci, and bang 11.5 actres.shown as Trad.6 on a plat and surve3t•by BobC~t 1.
Ayers, Registered Surveyor, dated Nove~abd' 18, 1974, revised September 21,1 and
datoma>fted."Propccty oaf blt. Beno~ D,uhans", whith.pUut is retarded in the . of
the Register of Deeds of Orange County is Back of Maps 28, page 61, and wb~ch~ch Ihtp
reftereeroe is hereby made Ear fltcshat=deacdpd~n.
Lot 1o-
Be$iaaiog a a point in the ca~.liaa.ofNC H>gl~r 54, said point bang.tha.
comer of Tract 6 as shown opt the plot heroin deacn'bod; :uaautg thrnte with the
line a~fNC Highway S4 north 76 degepet40 ca:t420 Feet to s point,tthe
northwest oonyer of Larry Sturdiwt8, rutnting thence with Strudivattt'a wet property lilts
muth~l3 degrees 45 auantea sit 366 feetto_aain~.stake; c~ontiauing.thentx. Ol
degrees 49 minutes east 833.52 f?xt to m ire stake; t'tamiag thence swth 7Z d~ OS
minutes wat368.50 feet to as iron stake; tunaiugtheace north 08 drgras.06.mimites
west 1217.25 fat to the point and plaex of HE(3INNII~It}, and being 11.5 aa+ea shown as
Tract 7 oa a plat sad survey by xebec J..Ayera,.8egistered Surveyor, dated l~onr~a'
1H, i 974, revised Saptembex 21,1977 and deaominucd `~m~perty of lints. Baptie '
.DutLaos", whirls plat is.rec~ordedm thc. oflhx.cfthe Register- of Deeds o£ Qraaga Catty
in Soda of Maps 28, page 61, and which phut re~rpscx is hereby made for fitrthet
. ~.
Lieth TEL Jan 13.99 13 36 No .001 P.02
15
Orraers urith~. S00
ierty to be resoned.
as of I~anbm' 199?
~ saloman, Anita 28r41iRosd, C~epel I~ lli ,-NC, 27516
,/ Davis, Vernon P. & PO $ox. 2a63, Chapel H1U, NC, 27515 ~-
Barbara Davis
,~ O'Dell, Kevin C. ~ 9905 Oak ~ioUow Road, Chapd.liili, NC Z7S 16
~
. Angda A. Barton ~
~Littk,.Robert Markus 940? Oa1c.Hollo~w Rid, Chapel I~ttl, NC 27516
~t ]acqueline L.
~ Bdgga, Amanda.C. 991'I.~OakiYogow Road, Chapel HOI, NC 27516
~ Cynthia D. MAY
/ Check, J. Paul ]r. P.O 13ooc.363, C6apd ~ NC,. 27514
,~ Lary 5turdivsnt 3104~Highway 54 Wei, Chapel HiU, NC 2751b
~/ Rives, lama T. et al. #1 Blackmnth Cic+ck, Darbam, NC 27707
~ Aeon L. Harper
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
`,..~ ...
w`
p R
~~~/ lat~~~~
MEMORANDUM
TO: ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
FROM: ORANGE COUNTY PLANNING DEPARTMENT
DATE: FEBRUARY 22, 1999
SUBJECT: Z-01-98 ARMIN LIETH
17
GENERAL INFORMATION
Applicant: Armin Lieth
Location: The property is located within the White- Cross Rural Community,
Node on the South side of N.C. Hwy. 54, approximately 0.28 mile
west of Butler Road (SR 1951) and approximately 0.265 mile east
of White Cross Road (SR 1952), Bingham Township.
Lot size: 4 acres to be rezoned from R-1 to LC-1: [1.5 acres out of an 11.5
acre lot identfied in Orange County Land Records Office by PIN
9748-59-4995 (tax map reference 6.306..9); 2.5 acres out of an
11.5 acre lot identfied in Orange County Land Records Office by
PIN 9749-50-8084 (tax map reference 6.306..10).
4 acres to be rezoned from R-1 to NC-2 out of an 11.5 acre lot
identfied in Orange County Land Records Office by PIN 9749-50-
8084 (tax map reference 6.306..10).
Existing Land Use: Undeveloped.
Surrounding Land Use:
North: R-1, Rural Residential: residential uses with commercial
uses to the northwest
South: R-1, Rural Residential and HAW PW, Haw River Protected
Watershed: residential uses and undeveloped areas.
19
1. Site is located within areas designated by the adopted Comprehensive
Plan as either a Commercial Transition Activity Node, a Rural Commercial
Activity Node or a Rural Neighbofiood Activity Node.
2. Uses would serve a market area population confined to the immediate
area and would generally not serve commuters or persons outside, the
surrounding neighbofiood.
3. Lot size for individual uses shall be appropriate to the method of water
supply and sewage disposal.
4. Normally, the maximum amount of land zoned LC-1 at any node shall not
exceed nine acres, but 5 acres shall apply in rural areas where population
density is lower and distributed more widely than in the Transition- area.
Acreage limitations shall not apply to property zoned Existing Commercial-
. V (EC-5) or planned developments.
5. AI{ sites designated LC-1 shall have direct access to a street classified.
either as an arterial or collector as designated by the adopted
Comprehensive Plan.
Permitted and Special Uses allowed within the LC-1 zoning district are listed
below.
Day Care Facility, other than large Day Care Home
Day Care Home
Dwelling, Single-Family, w/wo efficiency apartment
Dwelling, Two-Family
Dwelling, Mobile Home
Family Care Home
Group Cage Facility (requires Class B Special Use Permit)
Rehabilitative Care Facility
Accessory Uses to Principal Uses
Botanical Gardens and Arboretums
Bus Passenger Shelter
Church
21
Permitted and Special Uses allowed within the LC-1 zoning district (cont.):
c) all operations are conducted entirely within a fully enclosed building
with no outside storage.
Studio (Art)
Special Events (Less than 150)
Provisions of Article 4.2.9 of the Orange County Zoning Ordinance are as follows.
The purpose of the Neighborhood Commercial-II (NC-2) District is to provide
appropriately located and sized sites for limited commercial uses designed to serve a
population at the neighbofiood and rural level with convenience goods and personal
services. Performance standards will be used to insure the absence of adverse impacts
beyond the lot boundaries of the use.
This district will usually be applied where the following conditions exist:
1. Located within areas designated by the adopted Comprehensive Plan as
either a Commercial Activity Node or Rural Neighbofiood or Rural
Community Activity Node. '
2. Uses would serve a market area population confined to the immediate
area and would generally not serve commuters or persons outside the
surrounding neighborhood.
3. Lot size for individual uses shall be appropriate to the method of water
supply and sewage disposal.
4. Normally, the maximum amount of land zoned NC-2 at any node shall not
exceed nine acres, but a maximum of 5 acres shall apply where
population density is lower and distributed more widely than in the
Transition areas. Acreage limitations shall not apply to property zoned
Existing Commercial V (EC-5) or planned developments.
5. All sites designated NC-2 shall .have direct access to a street classified
either as an arterial or collector as designated by the adopted
Comprehensive Plan.
23
Permitted and Special Uses allowed within the NC-2 zoning district cont.):
Offices & Personal Services that attract few customers or clients on premises other than
employees, that generate low traffic volumes, and have no adverse impacts
beyond the, space occupied by the building
Offices ~ Personal Services that generate medium traffic volumes, and have no adverse
impacts beyond the lot boundaries.
Recreational Facilities (non-profit) (requires Class B Special Use Permit)
Golf Facilities; Golf Course requires Class A Special Use Permit)
Repair Service, Electronic & Appliance
Research Facility
Restaurants, Cany Out
Restaurants, General
Retail Trade, Sales & Rental of Durable and Convenience Goods, Merchandise &
Equipment, Including Mail Order Houses, where no adverse impacts occur
beyond immediate space occupied by the building where:
a) operations are designed to attract & serve few customers or clients on
premises other than employees of the principal use;
b) use creates low volume traffic generation (0-200 trips/day);
c) all operations are conducted entirely within a fully enclosed building
with no outside storage.
Retail Trade, Sales & Rental of Durable and Convenience Goods, Merchandise &
Equipment, Including Mail Order Houses, where no adverse impacts occur
beyond the boundaries of the lot where the use is located and the use creates
low volume traffic generation (200 - 800 trips/day)
Studio (Art)
Special Events (Less than 150)
Z-01-99 REZONING APPLICATION Z5
(properties within 500' of subject property)
::a~s~
:o
8084
4995
ss2~._~
...::5
r..... s
\ // ~ /~
500 0 500 1000 Feet
Scale: 1" = 500'
N
W E
S
Z 169 684 591
US Postal Service
Receipt for.Certified Maii
Helmrich, Hillary G.
9903 Oak Hollow Rd.
Chapel Hill, NC 27516
Certllisd Fee
Spedal Deivery Fes
Restridod Defvsry F
^w~no~m~a~~D~yew
A ~fa'AR
~ TOTAL Posfays
Poatirwk or Dab
l~L.
a
Z 169 684 599
US Postal Serve
Receipt for Certified Mail
fpchurch, Christopher G.
Tammy R
913 Leslie Dr.
:hapel Hill, NC 27514
rn
0
i
n
Pocbge S .3.3
~e ~
s~ S
f
Relun
vman a u
U
Return b
De1e, a Addr ~
TOTAL P~tege a a ~, 73
Postreark or Dale
~ .33 ~
~• yro
{iL~ ~
-. ,
,\ '!
r/
MY^ry ~ 3
~.
Z 169 684 588
US Postal Service
Receipt for Certified Mail
Cheek, J. Paul Jr.
P.O. Box 363
Chapel Hill, NC 27514
IPA I s . 33 I
CdledFee h L`,~
~~~ ~
NesYWed Detvary Pv '~
V~. .
a {/
.r ..
pp..~~~~ ti V ~~ t
~
~
y ~~y...
~ A4bsaas's Adbea
i~OTAt. Pawpe i Fesa s / 7
Z 169 684587
US Postal Service
. Receipt for Certified Mail
Dollar, Ernest A.
& Foye S.
2104 Nettle Kaod Rd.
West Jefferson, NC 28694
~e i . 33
Repddsd
N
YNiom 0
TOTAL Pasbegs a Fees S ~. 7 3
lrf PosOiwrkorDab
0
LL
V)
Z 169 684 59~
US Postal Service
Receipt for Certified Mail
Odell, Kevin C.
& Aagela A. Burton
9905 Oak Hollow Rd.
Chapel Hill, NC 27516
Pe~°1Q0 S .33
cerwba ~ ~, yca
}
I
_
.:
~:• ~~,
~ ResUided ~ ~
y.
b ~
vJlwn 1. flaE~ /
~ fAp~tlIA~OWOQi V
TOTAL Posbpe a Fees S
~"~ PasteaikaDab
f
i
~ ~
a
Z 169 684 593
US Postal ServB
Receipt for Certified Maii
Little, Robert Marcus
8c Jacqueline L.
9907~Oak Hollow Rd.
Chapel Hill, NC 27516
Pesbps __._ ~ ..i' 3
CerlHied Fee ~.
Spedal Detlvery Fes
Rsstrided Deivsry
~ VNam a ~N
~'~ ~~ ~O
TOTAL P ees ~O ~'
€ Pos7naAc ~ D ~ N , ~
o
LL
V1
Z 169 684 596
US Postal Servk:e
Receipt for Certified Ma .
Tillman, Doris C.
3208 Waterbury Dr.
Durham, N~ 27707
cerwtea asp ~, ~
i-
a t,
r" d'
n~r.~
~a
O ToTAy Pegape a Feea
PasYasik or Dab
Z 169 684 589
US Postal Senrk:e
Receipt for Certified '
Talbert's Starflight, Inc. .
2809 White Cross Rd.
Chapel Hill, NC 27516
s
CerYisd Fee ~
~1-Fes
Respidsd DeAvery s~ . ~.
Ream s ~~..
~ ~ 1Nt10111 a Date Defwered `C'_ a "'~ )
NI ~.- '~
PARCEL 6.30A..1
OWNER...184638
DOLLAR ERNEST A ~
& FOYE S
2104 NETTLE KNOD RD
WEST JEFFERSON NC 28.694
ANCESTORS: 647204
DESCENDANTS:
PIN 9749-61-6041
LAND SIZE = A1.47
NUM OF BLDG =
JAN 1 VALUE = 27,342
CURRENT VAL = 27,342
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: #31 REV WESTBROOK ESTS P61/60
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
DOLLAR ERNEST A 05/28/93 0.00
TRACT 647205
CENSUS
DELINEATN
RATE CODE = 10 29
MARKET ADJ=
ZONE-JURD =
NEIGHBORHD=
LANDS.TOPO=
ROAD =
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS=
DEED REF. QUALIF.
713/290
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30B..7
•OWNER...48625
CHEEK J PAUL JR
PO BOX 363
CHAPEL HILL NC 27514
ANCESTORS:
DESCENDANTS:
PIN 9748-49-6921
LAND SIZE = A10
NUM OF BLDG = 2
JAN 1 VALUE = 23,957
CURRENT VAL = 69,407
STATUS = ACTIVE
USE VALUE = 23,957
LEGAL DESCRIPTION: #4 MRS BENNIE DURHAM
REMARKS: .
PRIOR OWNERS... DATE SOLD TAX STAMPS
01/01/79 20.00
TRACT 602082
CENSUS 112
DELINEATN = E077
RATE CODE = 10
MARKET ADJ= 31
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = E
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
DEED REF. QUALIF.
301/426 U
ENTER !P' TO PRINT OR <CR> TO CONTINUE ?
~ PARCEL 6.30B..11
OWNER...203449
~TRIPP KEMP B
& MINNIE S
9908 OAK HOLLOW RD
CHAPEL HILL NC 27516
ANCESTORS: 640490
DESCENDANTS:
PIN 9749-51-9245
LAND SIZE = A1.04
NUM OF BLDG =' 1
JAN 1 VALUE = 114,922
CURRENT VAL = 114,922
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: #1 OAK HOLLOW P53/57
REMARKS:
PRIOR OWNERS...
MANN EDWARD NEWTON III
HARTFORD CONSTRUCTION
HARTFORD CONSTRUCTION
DATE SOLD TAX STAMPS
11/10/95 267.00
08/18/89 21.00
07/21/89
TRACT 640492
CENSUS 1123
DELINEATN = C421
RATE CODE = 10
MARKET ADJ= 33
ZONE-JURD = OC
NEIGHBORHD=
LANDS.TOPO=
ROAD
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= R1
DEED REF. QUALIF.
1406/451
809/9
738/177
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30B..11F
,OWNER...161349
ODELL KEVIN C ,i
& ANGELA A BURTON
9905 OAK HOLLOW RD
CHAPEL HILL NC 27516
ANCESTORS: 640490
DESCENDANTS:
PIN 9749-50-5975
LAND SIZE = A1.67
NUM OF BLDG = 1
JAN 1 VALUE = 117,744
CURRENT VAL = 117,744
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: #7 OAK HOLLOW P53/57
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
RILEY RUSSELL 01/31/91 100.00
HARTFORD CONSTRUCTION 05/22/90 21.50
HARTFORD CONSTRUCTION 07/21/89
TRACT 640498
CENSUS 1123
DELINEATN = C441
RATE CODE = 10
MARKET ADJ= 35
ZONE-JURD = OC
NEIGHBORHD=
LANDS.TOPO=
ROAD =
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= R1
DEED REF. QUALIF.
895/253
853/431
738/177
738/175-
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30B..11H
OWNER...180781
BRIGGS AMANDA C
& CYNTHIA D MASSEY
9911 OAK HOLLOW RD
CHAPEL HILL NC 27516
ANCESTORS: 640490
DESCENDANTS:
PIN 9749-50-8945
LAND SIZE = A1.78
NUM OF BLDG 1
JAN 1 VALUE 143,300
CURRENT VAL = 143,300
STATUS ACTIVE
USB VALUE = 0
LEGAL DESCRIPTION: #9 OAK HOLLOW P53/57
REMARKS:
PRIOR OWNERS...
HARTFORD CONSTRUCTION
HARTFORD CONSTRUCTION
HARTFORD CONSTRUCTION
DATE SOLD TAX STAMPS
11/20/96 0.00
10/30/92 232.00
07/21/89
TRACT 640500
CENSUS 1123
DELINEATN = C481
RATE CODE = 10
MARKET ADJ= 37
zoNE-JURD = oc
NEIGHBORHD=
LANDS.TOPO=
ROAD =
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= R1
DEED REF. QUALIF.
1527/470
1046/330
738/177
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
-PARCEL 6.30..18
OWNER...194731
-SPARROW ERNEST CRAIG
2223 JONES FERRY RD
PITTSBORO NC 27312
ANCESTORS: 600499
DESCENDANTS:
PIN 9748-69-7286
LAND SIZE = A1.01
NUM OF BLDG = 3
JAN 1 VALUE = 30,876
CURRENT VAL = 30,876
STATUS = ACTIVE
USE VALUE = 0
TRACT 650307
CENSUS
DELINEATN =
RATE CODE = 10
MARKET ADJ= 39
ZONE-JURD = GL
NEIGHBORHD=
LANDS.TOPO=
ROAD
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
LEGAL DESCRIPTION: #1 ERNEST CRAIG SPARROW
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
SPARROW ERNEST CRAIG 09/06/94 0.00
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
~,u80~vt Oc~o ~~~
-r~.~,c- Z~So3e$
~,~3° ~'
PARCEL 6.30..18A
OWNER...194732
SPARROW ERNEST CRAIG
2223 JONES FERRY RD
PITTSBORO NC 27312
ANCESTORS: 600499
DESCENDANTS:
DEED REF. QUALIF.
1207/19
0 SEC geLo~~
CCo • ~ o .. ~ g ~ R~ /mil 'e'0 ~ ~ ~~ c2~• ~Cr ~~42Rc
~ ~ N 323 A ~
P~ s.l, x•28 co
PIN 9748-69-3263
LAND SIZE = A2.78
NUM OF BLDG 1
JAN 1 VALUE 52,767
CURRENT VAL 52,767
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: #2 ERNEST CRAIG SPARROW
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
SPARROW ERNEST CRAIG 09/06/94 0.00
TRACT 650308
CENSIIS 1123
DELINEATN =
RATE CODE = 10
MARKET ADJ=
ZONE-JURD = OC
NEIGHBORHD=
LANDS.TOPO=
ROAD =
UTILITIES =
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= R1
DEED REF. QUALIF.
1207/19
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30..16
O(rTNER ...14 6 914
RIVES JAMES T ETAL
& ANN L HARPER
#1 BLACKSMITH CIR
DURHAM NC 27707
ANCESTORS:
DESCENDANTS:
PIN 9748-69-5636
LAND SIZE = A9.44
NUM OF BLDG = 1
JAN 1 VALUE = 23,939
CURRENT VAL = 23,939
STATUS = ACTIVE
USE VALUE = 0
TRACT 601074
CENSUS 1123
DELINEATN = E660
RATE CODE = 10
MARKET ADJ= 41
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = E
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= Rl
LEGAL DESCRIPTION: S/S HWY 54
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS DEED REF. QUALIF.
RIVES MAUDIE B 01/18/90 0.00 833/618
RIVES MAUDIE B .09/29/89 0.00 816/301
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30A..30
PIN 9749-61-2112
OWNER...227606 LAND SIZE = A1.12
~UPCHURCH CHRISTOPHER G NUM OF BLDG = 5
& TAMMY R '~ JAN 1 VALUE = 106,518
9913 LESLIE DR. CURRENT VAL = 106,518
CHAPEL HILL NC 27514. STATUS = ACTIVE
USE VALUE = 0
ANCESTORS:
DESCENDANTS:
LEGAL DESCRIPTION: #2 WESTBROOK ESTS P27/38
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
COLLETT NED V JR 11/11/98 245.00
CHEEK DAN WALLACE 04/03/95 189.00
WOODS K CHARLES 10/21/83 58.50
WOODS BROTHERS INC 07/12/83 ~ 8.50
TRACT 602074
CENSUS 112
DELINEATN = C421
RATE CODE = 10
MARKET ADJ= ~ 43
ZONE-JURD = OC
NEIGHBORHD= I
LANDS.TOPO= AR
ROAD ~ p
UTILITIES = E
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= R1
DEED REF. QUALIF.
1824/390
1338/553
439/405.
425/639
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
PARCEL 6.30..15
OWNER...14895
`STURDIVANT LARRY W
& MARIE
3104 HWY 54 WEST
CHAPEL HILL NC 27516
ANCESTORS:
DESCENDANTS:
PIN 9749-60-2419
LAND SIZE = A1.04
NUM OF BLDG = 5
JAN 1 VALUE = 89,020
CURRENT VAL = 89,020
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: S/S 54
REMARKS:
PRIOR OWNERS...
DATE SOLD TAX STAMPS
09/01/71 3.00
TRACT 600679
CENSUS 112
DELINEATN = B235
RATE CODE = 10 45
MARKET ADJ=
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = ETW
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= NC2
DEED REF. QUALIF.
231/1085 I
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
'PARCEL 6.30B..8
OWNER...84151
`DAVIS VERNON P
& BARBARA
3310 NC HWY 54 W
CHAPEL HILL NC 27516
ANCESTORS: 602083
DESCENDANTS:
PIN 9749-50-0366
LAND SIZE = A1.98
NUM OF BLDG = 1
JAN 1 VALUE = 95,604
CURRENT VAL = 95,604
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: ##1 VERNON P DAVIS
REMARKS:
PRIOR OWNERS...
DAVIS VERNON P
DATE SOLD TAX STAMPS
05/29/84 0.00
TRACT 627741
CENSUS 1203
DELINEATN = C110
RATE CODE = 10
MARKET ADJ= 47
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = E
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
DEED REF. QUALIF.
303/28
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
,PARCEL 6.30B..8A
.OWNER...84152
DAVIS VERNON P
& BARBARA
3310 NC HWY 54 W
CHAPEL HILL NC 27516
ANCESTORS: 602083
DESCENDANTS:
PIN 9749-50-0194
LAND SIZE = A1.04
NUM OF BLDG = 1
JAN 1 VALUE = 70,421
CURRENT VAL = 70,421
STATUS = ACTIVE
USE VALUE 0
LEGAL DESCRIPTION: #2 VERNON P DAVIS
REMARKS:
PRIOR OWNERS...
DAVIS VERNON P
DATE SOLD TAX STAMPS
05/29/84 0.00
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
!o• 3°S ' ~ ~~,
TRACT 627742
CENSUS
DELINEATN = C251
RATE CODE = 10
MARKET ADJ= 49
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = G
UTILITIES EWT
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
DEED REF. QUALIF.
303/28
PARCEL 6.30B..8C
.OWNER...84154
DAVIS VERNON P
& BARBARA
3310 NC HWY 54 W
CHAPEL HILL IvC 27516
ANCESTORS: 602083
DESCENDANTS:
PIN 9748-59-1637
LAND SIZE = A1.84
NUM OF BLDG = 1
JAN 1 VALUE = 78,714
CURRENT VAL = 78,714
STATUS = ACTIVE
USE VALUE = 0
TRACT 627744
CENSUS
DELINEATN = C231
RATE CODE = 10
MARKET ADJ= 51
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD G
UTILITIES = EWT
• PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
LEGAL DESCRIPTION: #4 VERNON P DAVIS
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS DEED REF. QUALIF.
DAVIS VERNON P 05/29/84 0.00 303/28
ENTER 'P' TO PRINT OR <CR> TO CONTINUE ?
'PARCEL 6.30B..9
OWNER...208863
'LIETH ARMIN F
P O BOX 4752
CHAPEL HILL NC 27515
ANCESTORS:
DESCENDANTS:
PIN 9748-59-4995
LAND SIZE = A11.5
NUM OF BLDG =
JAN 1 VALUE = 17,077
CURRENT VAL = 17,077
STATUS = ACTIVE
USE VALUE 0
LEGAL DESCRIPTION: #6 MRS BENNIE DURHAM P28/61
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
G~,RLAND GREENHOUSES INC 07j10/96 172.00
10/01/78 40.50
TRACT 602084
CENSUS 112
DELINEATN = J997
RATE CODE = 10
MARKET ADJ= 53
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = E
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
DEED REF. QUALIF.
1486/466
295/387 U
ENTER 'P' TO PRINT OR cCR> TO CONTINUE ?
' PARCEL 6.30..13A
OWNER...14907
'SUITT PHILLIP R
& BEVERLY
401A OAK AVE
CARRBORO NC 27510
ANCESTORS:
DESCENDANTS:
PIN 9749-60-7597
LAND SIZE = A1.82
NUM OF BLDG = 2
JAN 1 VALUE = 99,696
CURRENT VAL = 99,696
STATUS = ACTIVE
USE VALUE = 0
LEGAL DESCRIPTION: S/S HWY 54
REMARKS:
PRIOR OWNERS... DATE SOLD TAX STAMPS
10/01j70
TRACT 601238
CENSUS 112
DELINEATN = C233
RATE CODE = 10
MARKET ADJ= 5$
ZONE-JURD = OC
NEIGHBORHD= S
LANDS.TOPO= AR
ROAD = P
UTILITIES = ETW
PARCEL TYP= I
SCHOOL COD=
ZONE CLASS= AR
DEED REF. QUALIF.
228/223 U
ENTER 'P' TO PRINT OR <CR> TO CONTINUE?
57
2 Slade McCalip referred to page 157 of the packet which presented projected traffic volumes. He
3 stated that US 70 Bypass is cun'ently experiencing more trips and it is forecast in the regional model
4 to get much more traffic in the next 20 years.
5
6 Commissioner Halkiotis mentioned that there are signs on Hwy 1-40 which refer to trucks using Hwy
7 70 Business. He asked why that was happening. He has seen tractor trailers doing u-turns at 7:45 in
s the morning on Hwy 70. He said that he was alarmed to hear that it was projected to get worse.
to Slade McCalip indicate that Hillsborough has a prohibition on trucks using Churton Street. Also, he
11 mentioned that the Dufiam-Chapel Hill-Carrboro Metropolitan Planning Work Group, of which
12 Orange County is a member, has forecast that US 70 wilt have a significant increase in traffic. It will
13 be well -over capacity by 2025. He explained that the Transportation Improvement Plan includes
14 planned improvements for Hwy 70 but those improvements are not yet programmed. He explained
15 that Improvements are not actually expected to be completed until they are included in the State
16 Transportation Program. Only improvements that are programmed are intended to be completed
17 within the next six years. Proposed improvements go into the plan and from there they are selected
18 to be included in the program to be completed within asix-year time period. It could be included
19 sometime after the year 2006.
20
21 A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey, to close the
22 Public Hearing and refer the application to the Planning Board for a recommendation to be returned
23 to the Board of Commissioners no sooner than May 4, 1999.
24 VOTE: UNANIMOUS
25
2b
27 ~ b) Z-01-99 Armin Lieth
2s This item was presented by Planner Karen Lincoln for the purpose of receiving
29 evidence and citizen comment on the proposed rezoning of portions of two lots in the White Cross
3o community, Bingham Township, from R-1, Rural Residential, to LS-1, Local Commercial, and NC-
3 ~ 2 Neighbofiood Commercial. The applicant is proposing to rezone 4.0 acres of an 11.5 acre tot
32 from R-1 to NC-2; to rezone 2.5 acres of that same lot from R-1 to LC-1 and to rezone 1.5 acres
33 of another 11.5 acre tot from R-1 to LC-1. The subject property is located on the south side of
34 NC Highway 54 West approximately 0.28 miles west of Butler Road and approximately 0.265
35 miles east of White Cross Road. The property is zoned R-1, Rural Residential. the southern
36 halves of the two lots are zoned HAW PW, Haw River Protected Watershed Overlay District.
37 Approximately 2.0 acres of the area proposed to be rezoned to LC-1 are within the HAW PW
38 Overlay District. None of the area proposed to be rezoned to NC-2 is wkhin the HAW PW Overlay
39 District. Surrounding land uses are residential with commercial uses to the northwest, west and
4o east along N.C. Highway 54. Oak Hollow Subdivision and Westbrook Subdivision are located
at across N.C. Highway 54 to the north and northeast of the subject property. Sturdivants Tire and
a2 Auto is adjacenf to the property on the east; Piedmont Feed and Supply, a B.P. Station, and
43 Fabric Showroom Superior Furniture Upholstery area are located on the south side of N.C.
44 Highway 54 to the west; White Cross School (which houses N.C. Writers Network, the White
45 Cross Community Art Space, ISI & Rhythms ll, Cathy Kiffney and Akido), Video Plus, a hardware
46 and paint store, Woodworking Co-op and a seafood restaurant are on the north side of N.C.
47 Highway 54 to the northwest. According to the Orange County Zoning Ordinance, Article IV,
48 Sections 4.2.8 b)4. and 4.2.9 b)4. the maximum amount of land zoned LC-1 at any node shalt not
49 exceed nine acres, and the maximum amount of land zoned NC-2 at any node shall not exceed
so nine acres; however, in rural areas where population density is lower and distributed more widely
~:~~
will. He indicated that he is opposed to this request.
59
3 Tony Kane, a resident of Leslie Drive, mentioned that he found out about this rezoning request
4 through a flyer in his mailbox which was distributed by a neighbor. He spoke of his gratitude for this
5 community and for the thoughtful work of the County Commissioners. He voiced his opinion in
6 opposition to this rezoning request.
7
s Mark Botts, a local resident, spoke in opposition to this request. He disagreed that the residents in
9 the White Cross area wanted more commercial development. On April 27, 1998 the Small Area Work
1o Group met and expressed their concerns. At that meeting there was a strong sentiment expressed
11 against further commercial development. They understand that Mr. Leith may want to develop his
12 land in a particular way. However, it is currently zoned residential which is a profitable use in Orange
13 County. The White Cross Rural Community Node has reached the maximum of commercial
la development allowed. It should not be exceeded.
15
16 Robert Little, a local resident, spoke in opposition to this rezoning request. He mentioned that it
17 concerned him that no mention was made in the request of either his development or the one
is adjacent to his. The failure to mentioned the existence of their homes does not speak well for the
19 developers intentions. He urged the Board of Commissioners to deny this request.
20
21 K.B. Tripp, a local resident, spoke in opposition to this request. He asked that the Board of
22 Commissioners not approve this rezoning request.
23
24 Anita Solomon mentioned that she owns the property immediately south of Mr. Lieth's property. She
25 mentioned that two creeks meet on her property and then travel through Mr. Lieth's property toward
26 Highway 54. She does not oppose the rezoning of the area labeled NC-2 on the map. However, she
27 did agree with those who spoke previously in that she does not understand why it would be
2s necessary to rezone 4 acres. She felt that it could be beneficial to have additional services in that
29 area. However, she objects to the LC-1 rezoning. Her first objection. was that it was too close to her
30 property, and, secondly, it would destroy a flood plan which is part of the Haw River watershed and a
31 creek that appears on the US Geological Survey Map. Her property is surrounded by the Haw River
32 Watershed where only a small percentage of the land can be used for building and this was a major
33 factor in her decision to buy her property. The LC-1 zone, if enacted, will be 350 feet from her
34 property and will be partly within the watershed zone. The northern half of her property and the
35 southern half of Mr. Lieth's property are flooded most of the year, from September to May, and for a
36 short time after the summer rains. The two creeks on the map constantly flood and change course.
37 At the present time they actually join on Mr. Lieth's property, not on hers. There are many other
38 creeks feeding in, some larger than the ones shown on the map. These creeks constantly dam
39 themselves with leaves and sticks. More water actually enters the ground system then moves
4o through the creek on Hwy 54. This winter has not been typical. The area was unusually dry last
a1 Tuesday but after 1/2 inch of rain on Wednesday there was approximately 12 inches of water in most
a2 of the flood plain. This flood plain is critical to the aquifers in the area and the welts. Any interference
a3 with this flood plain will cause local wells to go dry. Another function of the floodplain is to prevent
as runoff from entering major watercourses at the same time. Interference with this floodplain and/or the
as creek could cause major flooding further down the stream. She mentioned that the narrower LC-1
a6 area along the creek is a very deep bowl. The area begins to widen at the point that the LC-2
47 designation takes effect and there is a large slope down to the creek on three sides. The are which
as slopes down from the highway on the LC-2 property is also considerable. She cannot imagine a
a9 desirable LC-1 use for this property that would also keep the creek in its natural condition. Even if
so Mr. Leeth has in mind a LC-1 use that would keep the floodplain and creek intact she would still be
Hillary Helmich, a resident of Oak Hollow Road, spoke in opposition to this rezoning request.
61
2
3 Cynthia Massey, a resident of Oak Hollow Road, spoke in opposition to this rezoning request. She did
4 not agree that there was a need for additional commercial development in the area.
6 County Attomey Gledhill responded to an earlier question regarding the issue of sufficient notice. He
7 mentioned that Planner Lincoln mailed these notices 12 days prior to the Public Hearing date which
8 does comply with state taw. He did not discuss with her which lists were used to contact the
9 neighbofiood. Wth regard to whether the notices were mailed to the correct addresses from the
to County tax abstract, he had no information.
11
12 Chair Gordon asked what he recommended with regard to this notification process.
13
la County Attomey Gledhill stated that if there is a notice problem and the property is rezoned those
15 who are unhappy with this decision would have a legitimate reason to complain. This rezoning
16 request could be sent to the Planning Board for their recommendation. At the same time, staff could
17 look at whether the notices were mailed using the correct tax abstracts. The Board of
1s Commissioners could receive that information at the next Joint Public Hearing
19
20 Recommended Motion: A motion was made by Commissioner Jacobs, seconded by Commissioner
21 Halkiotis, to refer the proposed Zoning Atlas amendment to the Planning Board for, a recommendation
22 to be returned to the Board of Commissioners no sooner than May 4, 1999. Also, the validity of the
23 notification process will be reviewed and reported upon at that same time.
24 VOTE: UNAN{MOOS
25
26 2. Comprefiensive Plan Amendment
27 a) CP-1-99 Apex Northwest Partnership
28 This item was presented by Planner Don Belk for the purpose of receiving public
29 comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. Mr. Belk
3o stated that the Land Use Plan is a part of the County's Comprehensive Plan. It guides the County's
31 policies on growth, establishes land use goals and objectives and seeks to influence the location and
32 pattern of development. The Zoning Ordinance provides for changes to the Land Use Element and
33 Land Use categories in the following situations:
34 ^ because of changed or changing conditions in a particular area or areas of the county, or
35 to correct an error or omission in the Land Use Plan, or
36 ^ in response to a change in polices, objectives, principals or standards governing the physical
37 development of the County.
38
39 The applicant, Apex Northwest Partnership, submitted an application to amend the Land Use Plan.
4o The property proposed for the amendment lies in Hillsborough Township, north of Hillsborough
41 between NC 86 and NC 57 and north of Rocky Lane (SR 1622). It is also west and north of the Mars
42 Hill Baptist Church property. The property is currently undeveloped and contains two (2) tracts
43 totaling 390 acres. The larger tract is owned by Apex Northwest Partnership and is 313 acres in size.
44 On the southern portion of the property is a tract owned by Eva Brown and Wayne Powell and it
45 contains 78.11 acres. There is a significant portion of this property that lies within the existing Rural
46 Industrial Activity Node which is focused on the intersection of Coleman Loop Road and NC $6. A
47 Plan Amendment was approved in January 1985 which extended the 10-Year transition area into the
48 southwest quadrant of this activity node. Eighty-five (85°~) of the Powell and Brown tract lies within
49 this Land Use Plan category and 15°~ of the Apex Northwest Partnership tract lies within that plan
5o category. The property, for the most part, is zoned for Agricultural-Residential (AR) which permits
x:~
63
County Planning Staff presented the request and there were no comments from
citizens at the meeting.
The Planning Staff recommends approval of the request for a Zoning Atlas
amendment from Rural Residential (R-1) to Residential-2 (R.-2) per the findings
(an attachment to these minutes on pages .
Article 20 -Regarding application materials.
MOTION: McAdams moved agreement with Staffs findings on Article 20.3.2 a, b, c, d, e.
Seconded by Walters.
VOTE: Unanimous.
Article 4 -District Statements of Interest and Application Criteria.
MOTION: McAdams moved agreement with Staffs findings on Article 4.2.4 b 1, 2, 3.
Seconded by Strayhorn.
VOTE: unanimous.
MOTION: McAdams moved approval as recommended by the Planning Staff. Seconded
by Andrews.
VOTE: Unanimous.
b. Zoning Atlas Amendment
(1) Z-O1-99 Armin Lieth
Presentation by Karen Lincoln.
Abstract information is an attachment to these minutes on pages
The Planning Staff recommends denial of the rezoning based on provisions is
the Orange County Zoning Ordinance that limit LC-1 and NC-2 zoning districts
within a rural community node to five acres each. Furthermore, commercial
uses may be allowed within a rural community activity node within a planned
development. Zoning ordinance provisions specify that acreage limitations do
not apply to property (within a Rural Community Activity Node) zoned for
planned developments. Citizen concerns about the commercial use(s) that may
be introduced at this location, the appearance/architecture of structures,
lighting, buffers and other issues may be addressed in a planned development.
(Planned developments require a Zoning Atlas Amendment with a Class A
Special Use Permit.)
The Planning Board has 60 days in which to prepare and submit a
recommendation to the Board of County Commissioners. Failure of the
Planning Board to submit a recommendation within the required time shall be
considered as a favorable recommendation without conditions.
Selkirk asked why this application is being presented if it is over the limit
according to the regulations. Lincoln responded that any application submitted
65
20.3.2e) Manner in which proposed amendment will carry out purpose...
MOTION: McAdams moved agreement with Staff findings. Seconded by Walters.
VOTE: Unanimous.
Strayhorn asked how many nodes are in Bingham Township. Discussion in
dictated that while there are three or four more, this is the only active node in
Bingham Township.
McAdams asked when this would be revisited by Staff if the application is
denied. Benedict responded that the Planning Department would take direction
from the Commissioners. The goal has been submitted regarding a Small Area
Plan for the White Cross node. The Commissioners will determine whether this
is a low or high priority area.
Barrows stated that if the Planning Board denies this request, they could add the
recommendation that the White Cross Small Area Plan be reactivated sooner
rather than later.
Selkirk asked how the Small Area Plan could address this issue. Benedict
responded that an analysis could be done based on population and the
appropriate uses in the LG 1 and NC-2 districts for community convenience.
Article 4.2 District Statements of Intent and Application Criteria -Local
Commercial-1 designation.
Article 4.2.1 Site location
MOTION: McAdams moved agreement with Staff findings on 4.2.1. Seconded by
Strayhorn.
VOTE: Unanimous.
Article 4.2.2 Uses would serve a market...
MOTION: McAdams moved agreement with Staff findings. Seconded by Walters.
VOTE: Unanimous.
Article 4.2.3 Lot size
MOTION: Strayhorn moved agreement with Staff findings. Seconded by McAdams.
VOTE: Unanimous.
Article 4.2.4 Maximum amount of land zoned...
MOTION: Andrews moved agreement with Staff findings. Seconded by McAdams.
VOTE: 4 in favor.
2 opposed (Selkirk, Strayhorn).
Article 4.2.5 Access