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HomeMy WebLinkAboutAgenda - 02-02-1999 - 8e~~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2. 1999 Action Agenda Item # 8- SUBJECT: Z-5-98 L.J. Rogers, Jr. Trucking Co., Inc. 1 DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): Findings of Fact Application General Information Memorandum Public Hearing Minutes 11-23-98 Draft Planning Board Minutes 1-6-99 INFORMATION CONTACT: Jim Hinkley, X2584 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider the recommendation of the Orange County Planning Board to correct a Zoning Atlas error in Cedar Grove Township by rezoning 5.5 acres from NC-2 Neighborhood Commercial and AR Agricultural- Residential to EC-5 Existing Commercial. BACKGROUND: The proposed rezoning involves all of Tax Lot No. 2.17..1C (3.44a), a part of No. 2.17..1 (1.Sa± of a 184a tract), and small portions of Nos. 2.17..1A & 1D (less than an acre) at 7818 NC 49. L.J. Rogers, Jr. Trucking Company, Inc. has been in business at this location since 1975. On the property are the Rogers general offices, dispatch facility, training and safety operations, maintenance shops, outdoor storage of semi- trailers, and parking for semi-tractors. The proposed zoning lot is located on the northwest side of NC 49 approximately 1,100' southwest of the intersection of NC 49 and Corbett Ridge/Carr Store Roads. The 3.44a parcel is zoned AR Agricultural-Residential. A .94a portion is zoned NC-2 Neighborhood Commercial and 1.12a is zoned AR. Proposed zoning is EC-5 Existing Commercial for the entire S.Sa complex. 2 The L.J. Rogers, Jr. Trucking Company has been in business on this site for 23 years. With a gross income of over $7 million dollars in 1997, the company currently hires 68 employees including 55 drivers, eight office staff, three supply workers, and four dispatchers. The Company owns and operates more than 200 semi-trailers An error in zoning was discovered when the company applied for a building permit to add a 60' X 100' fleet maintenance shop to the complex. The firm was unable to build the new facility because the property is zoned AR. Important Historical Events 1975 The company is established. 1979 The first garage is built. 1981 The Land Use Element of the Comprehensive Plan is adopted by the Board of County Commissioners. The area within aone-half mile radius surrounding the intersection of NC 49 and Corbett Ridge Road/Carr Store Road (SR 1004) is designated as the Carr Rural Community Activity Node. A Rural Community Activity Node is described in the Land Use Element (p.3.3-2) below: Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following uses: church, fire station, small post office, school, or other similar institutional uses and one or more commercial uses. Analysis and Evaluation of the Carr Rural Community Activity Node is quoted from the Land Use Element (p.3.3-11) below: Existing land uses at this node include a small store, a car wash and single family residential units. The node is located partially within the Back Creek watershed. Future non- residential development within the watershed portion of the node must adhere to the adopted zoning standards for this watershed overlay district. The commercial facilities at this intersection make it a place where local people frequently go to socialize as well as to shop. 3 The nature for the error is that the land use of the L.J. Rogers Company was not mentioned in the Analysis and Evaluation of the Carr Rural Community Activity Node as quoted in the above. 1994 Zoning is adopted for Cedar Grove Township. A part of the trucking company's general offices, located on a .94a± (40,946sf) zoning lot (Tax Map No. 2.17..1), is zoned NC- 2 Neighborhood Commercial on January 1, 1994. Frontage on NC 49 is 165'±. An error is made in delineating the zoning lot; the southeastern line runs through a portion of the main office building. The company's physical operations, located on the abutting 3.44a parcel to the northeast (Tax Map No. 2.17..1C}, is erroneously zoned AR Agricultural-Residential. Structures include a 30' X 50' fleet maintenance shop, a 90' X 100' maintenance shop and storage building, several smaller structures and tanks, open parking for tractors and storage of semi-trailers, and a refueling station. Frontage on NC 49 is 275'±. Existing Land Use Survey in the Carr Rural Community Node A windshield survey of the Carr Rural Community Node was conducted by the Zoning Enforcement Officer on September 22, 1998. The large majority of land is in pasture and crops with a number of ponds and a small lake. Within aone-half mile radius of the crossroad intersection of NC 49 and Corbett Ridge/Carr Store Roads other uses include: ~ Eight homes with frontages on State maintained roads. ~ Three homes with private access to State maintained roads. ~ A church on a side road to the north of the intersection. ~ An abandoned, deteriorated convenience store and an attached 25C wand-spray carwash on the eastern quadrant of the intersection. ~ The Rogers trucking and fertilizer businesses to the southwest on NC 49. Findings The impervious surface limitation in the Back Creek Protected Watershed is 12 percent ISR (Impervious Surface Requirements) for non-residential uses, outside Commercial and Industrial Nodes. BMP's (Best Management Practices) may not be used to satisfy watershed requirements outside nodes. Attached, refer to: Section 6.23.3 c) 2. vi u Surface/Detention Pond Requirements (Non-residential) of the Orange County Zoning Ordinance. Comments on Section requirements follow: fi Existing impervious surface of the proposed S.Sa zoning lot for Rogers Trucking is approximately 67 percent or 3.7a±. These figures include the 60' X 100' fleet maintenance shop which would be erected on existing impervious surface. ~ If the `no-BMP/ 12 percent impervious surface rule' (non- residential uses outside Commercial and Industrial Nodes) of Section 6.23.3.c were applied, 21.5 acres would be required to satisfy minimum ISR requirements for the physical plant and surface improvements already existing on the proposed zoning lot. ~ Planning Staff met with Orange County Erosion Control Staff and Simmons Engineering and Surveying Staff, consultants to Rogers Trucking, about the matter. Because of: 1. The low percent of slope; 2. The vast amounts of surrounding pastureland (200a+); and 3. The two small lakes and pond in close proximity-all of which most likely serve as effective BMP's; The consensus of this group of professionals was that requiring BMP's on the proposed zoning lot would not be beneficial. Intent and application criteria: EC-5 Existing Commercial District Orange County Zoning Ordinance: Article 4.2.12 a) Intent The purpose of the EC-5 Existing Commercial District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in ,+ zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for commercial purposes at the time of application of this ordinance. Current Uses at Permitted Uses in the Rogers Trucking EC-5 Zoning District General Offices S28 Offices and Personal Dispatchers Services which attract few clients Open Storage S50 Storage of Goods, Outdoor Warehousing S51 Storage or Warehousing: Inside Building Fleet Maintenance S24 Motor Vehicle Maintenance and Repair A complete list of uses permitted in the EC-5 zoning district is found in the attached General Information Memorandum. It is the intent of Orange County Zoning Ordinance to allow businesses existing on the effective date of zoning to be given the right to continue to exist, grow, and expand by being zoned EC-5 Existing Commercial. That same right is applicable in this rezoning request. Public Hearing Summary A joint public hearing was held by the Board of County Commissioners and the Planning Board on November 23, 1998. No comments were heard from the public. e, Planning Staff Findings The application for the rezoning of the tract from NC-2 Neighborhood Commercial and AR Agricultural-Residential to EC-5 Existing Commercial has been reviewed by Planning Staff. Findings required by Article 20.3 of the Zoning Ordinance follow: Rezoning of the tract would be compatible with the purposes of the EC-5 Existing Commercial District whose purpose is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses. Lists of EC-5 permitted uses are given in the attached General Information Memorandum to the Board of County Commissioners and the Planning Board of October 20, 1998. Thirty-three uses are permitted by right in the EC-5 AS Zoning District. Two require a Class A Special Use Permit with approval of the Board of County Commissioners, and five require a Class B Permit with approval of the Board of Adjustment. Any of these uses, either by right or under special conditions, could be allowed on the proposed zoning tract. Public Hearing Summary A joint public hearing on the rezoning request was held by the Board of County Commissioners and the Planning Board on November 23, 1998. There were no comments from the public. The minutes are attached. Planning Board Recommendation The Planning Board considered the proposed rezoning at its regular meeting on January 6, 1999. It recommends the rezoning per the attached findings. The vote was unanimous. The minutes are attached. RECOMMENDATION: The Administration recommends approval of the proposed Zoning Atlas amendment as per the Planning Board recommendation. PLANNING BOARD FINDINGS OF FACT PERTAINING TO APPLICATION: ~-6-98 L.]. ROGERS. ]R. TRUCKING COMPANY, INC. BASED ON APPLICATION MATERIALS SUBMITTED BY PLANNING STAFF, THE PLANNING BOARD FINDS AT ITS REGULAR MEETING OF JANUARY 6, 1999, THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING: tEZONING ("Yes" =compliance; "No" =non-com lin'ancel PLANNING STAFF EVIDENCE SUBMITTED TO PLANNING BOARD The application must comply with all requirements specified in Article 20 -Amendments. Those requiremenu include: 20.3.2 a) Map showing affected _X_Yes No Site plan submitted at scale X Yes No property at scale of not less than of 1"=40' 1' =100" nor more than 1 "=20' 20.3.2 b) Legal description of _X_Yes No Legal Description submitted from Orange X Yes No the zoning lot County Registry Book 905 Page 462. 20.3.2 c) Explanation of alleged error, _X_Yes No Explanation provided by Planning Staff X Yes No if any, to be corrected by proposed amendment 20.3.2 d) Changed conditions, if any, N/A Not applicable N/A which make an amendment reasonably No changed conditions are cited. necessary to promote health, safety, and the public welfare. 20.3.2 e) Manner in which proposed _X Yes No The property lies within the bounds X Yes No amendment will carry out the purpose of the Carr Rural Community Activity and intent of the Orange County Node designated in the Land Use Element Comprehensive Plan. of the Comprehensive Plan. The use was not recognized as existing in the Land Use Element and consequently was not zoned on the effective date of zoning for Cedar Grove, Township in 1994. V PLANNING STAFF EVIDENCE SUBMITTED TO PLANNING BOARD FINDINGS SUPPORT FINDINGS FINDINGS 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 an EC-5 Existing Commercial designation. The criteria for that district are set forth in Article 4.2.12 and are as follows: (a) Intent The purpose of the EC-5 District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. (b) Application Criteria X_ Yes No The uses permitted in the EC-5 zoning district accommodate the pre-existing and continuing commercial use of the L.J. Rogers, Jr. Trucking Company prior to the effective date of zoning. The EC-5 district is applied to existing commercial uses X_ Yes No in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of zoning. 1. Site is within an area as designated by the adopted _X_ Yes No Comprehensive Plan. 2. Lot size for individual uses would be X_ Yes No appropriate to the method of water supply and sewage disposal. The L.J. Rogers, Jr. Trucking Company, Inc. was in operation at the time of zoning in 1994. The site is located in the Carr Rural Community Activity Node designated by the Land Use Element of the Comprehensive Plan. The proposed zoning is adequate to accommodate and individual well and septic system. _X_ Yes X Yes No No _X_ Yes No _X_ Yes No ao GRANGE COUNTY, NORTH CAROLI~~A APPLICATION FOR CHANGE OF ZONING DISTRICT 9 Date : ~~~~p ~~ ~~~ TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make applica Orange County as hereinafter requested. on to change the Zoning Atlas of 1 . The property is Located on the ~"~_side of 'i~R':A N(i _ ~ Street/Road) between S.R.# and S.A.# It is known a. ot(s),.,~~1G Block of Orange County Tax Map ,f~- ownship. It has a frontage of C7 t' feet and a depth of Gi_ 7P-~ feet, and contains ~'Z3.°1~ 580. square feet or 5.5 - acres. T- 2. IL is esir~ed nd requested that the foregoing property be rezoned from ~"~.~ ,Q~ to ~~~ ~3~.- The ..following information has been _attached ..in__. support of the application for changing the Zoning Atlas (* - required on ell app lications) . 's. A fully dlmensloned sap at a seals of not teas than on• (1) inch •quels ane-hundred (1oQ) test nor ^ore than one (t) inch equela twsrtt'y L209 feet'-showlrg--ths land which is proposed to be rezoned. 'b. A Legal description of th• Land proposed to be rezoned. 'c. A ststament of Justitlestion addressing one or more et the following: f1l The atlegsd error in th• zaninq Ordlnsnca, if any, which would be earrectad 6y the proposed amendment with a detsilad explanation of such error in the 2aning Atlas end detailed reasons how the propaaad amendment will carract th• error. (2) The changed or changing canditlona, 1f sny, in the area or in the County generally, which mak• the proposed •wsndment reasonably neosssary to the promotion of th• pu6lie health, piety end general welfare. '(3) Th• manner in which the prnpoaed smsndmant will carry out the intent and purpose of the sdoptsd Land Use Plan or part thereof. •(Q) All other circumstances, factors end raason• which the appllcsnt offers in support of the proposed smsndmant including, but not limited to, doeumerttation from service •genctss (e.g. firs, paliee, rescue and utilities agencies) assuring services provl:ion capsbility to the developwent. d. A list of sit individuals, firms or earporstlons owning property adJoining or within five hundred tIIDO1 fs~t of the property sought for rezoning is attached. Tha list i• currens as of (Oats) ~I certify that all information furnished in this application is accurate to the bust of my knowledge. A p p l i c an t t s) : L- f%~ ~ lA,~kLE .. ~RRti~~~~ ~~/i/i 7 '~.A~tfA.%/Uy~r°'~~,f Address: L y " ~ -- Phone:~~L-~t~i_ ,x 25~¢ - REZONING REQUEST CHECKLIST OWNER'S NA1~fE /~ ~ J ~ ~D Qf'f S ADDRESS !~'.~ ® /VL: `t ~f / ~/L pL1'~'l ~ ~ ~ (% ~~~'~ /' Current zoning ~;Z ~ ~~ Total number of acres S~~aJ Current land use /~-(,~,k/~~j~~pn~ie~/~ICPS~/~2i/It, _ ~~._ _ Type of rezoning requested Tax map ~ ~~7 IIlock ~ -- Number of lots 2 Proposed tJater Supply: Public Community Individual ~ Proposed Sewage Treatment: Public Community Individual septic tank ~~ Access onto state road U ~ Average daily traffic count on the state road ~~~~~Describe existing critical areas: Flood prone areas N ~~] Poorly drained areas ~/~ Streams ~~,~ Other sensitive areas ~/~ _~- /~ ~-- Describe land uses in : General Area fd yl~icj//~(f /^(~f ~e5/G~~~ //CZ Adjacent parcels of land /~%^iCG/~///'"2 ~-- ~ 1~9C~ cave t"n ear CasiVell C,~unty Ire 0 ~C -- 5 Proposed land use i .~ 11 Z-S-98 ROGERS TRUCKING REZONING REQUEST Tax Map Nos. 2.17..1 8t 1 C Scale 1 " = 4,000' 11 N ~. 12 J •~~\ 1938 \ \\ 4.18 AC. ~\~ ~\ \ EXEMPT CARR METH. EPISC. CHURCH 1.5' ~~ -~ 4775 , ~~ I- -- -- 6 I 2624 I I ~o ~ ~ ID ~ I iiii~i ., .2 A I a~ ~% FU O ~~~~~~~ / .~ ~,,~ ~~ , ii 2379 1~J39 ~~~~ ~ / ~iiii ~iiii~ iiiiii I ~iiiiii . !, 184.3 6 AzC ~: 1~I C' I.~ •12 /~ 2.2 AC. 2895 ~~ ~/ // / 13 /~ ///~ . 1355 5 AC. , ~~~/ / ~ , ~J / / 2 AC. '' ~ / 4104 ~.. ~ ~ ~. . 1854 ~, ~1.7~~ ~ 1 ~~~, 1, :~`:~ ~ ~ MAT 1'1 .. I .. ~~ / 2 916 j / 9E 1.15AC 1 /~ ~gp os87 6 / 745 I•IS O II ///// 9C 1.15AC s 3602 7649 1.7 8825 4 ~i I . I S '~' /, ~-~~-G 4 3 9J , 7.84IAC. B 1773 5~ 7.841AC. 10 X25 .57AC. 2D 55.7 ,~57 AC. 3844 A . 5 7 AC. 772 i ~ .2R ~`~ _ .64 AC Z-5-98 ROGERS TRUCKING REZONING REQUEST Tax Map Nos. 2.17..1, 1 A, 1 C & 1 D Scale 1 "= 400' ~' N i .~ 13 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 ~,..,, „ r`` ~t ° n MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS AND PLANNING BOARD FROM: PLANNING AND INSPECTIONS STAFF DATE: OCTOBER 20, 1998 SUBJECT: Z-5-98 L.J. ROGERS, JR. TRUCKING COMPANY, INC. GENERAL IN APPLICANT: OWNERS: LOCATION: PROPERTY SIZE: PROPOSED ZONING LOT: EXISTING LAND USE: Orange County Planning Staff L.J. Rogers, Jr. et al. 7818 NC 49 Mebane, NC 27302 7818 NC 49 (Tax Map Nos. 2.17..1 & 1 C) 187± acres 5.5 acres General Offices and Operations Complex SURROUNDING LAND USE IN GENERAL AREA: Agriculture, Residential NORTH -Agriculture, pasture, residential WEST - Agriculture SOUTH - Agriculture, wooded, residential EAST - Agriculture, residential COMPREHENSIVE PLAN LAND USE DESIGNATION: Carr Rural Community Activity Node (Back Creek Protected Watershed) EXISTING ZONING: AR(Back-PW) -Agricultural-Residential (Back Creek Protected Watershed) NC-2 -Neighborhood Commercial PROPOSED ZONING: EC-5(BACK-PW) Existing Commercial (Back Creek Protected Watershed) TO: Orange County Board of Commissioners and Planning Board DATE: October 20, 1998 PAGE: Two The following definition, statement of intent, and application criteria are quoted from the Orange County Zoning Ordinance, as amended. EC-5 EXISTING COMMERCIAL ZONING DISTRICT Intent and application criteria of the EC-5 Existing Commercial District as given in Article 4.2.12 of the Orange County Zoning Ordinance. a) Intent The purpose of the EC-5 Existing Commercial District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. The following is a list of uses permitted by right in the EC-5 Zoning District: H1 Day Nursery, Daycare, Private Kindergarten H1a Day Care Home, Large H2 Single-Family dwelling w/wo efficiency apartment H5 Mobile Home dwelling H6 Family Care Home Accessory Uses P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police and Fire Stations) Rescue Squads, Volunteer Fire Departments P17C` Stealth Telecommunications Tower 75 feet or shorter' P21 Schools: Dance, Art and Music P25 Water and Sanitary Sewer Pumping Stations S3 Animal Hospitals; Veterinarians S6 Banks and Financial Institutions S7 Beauty and Barber Shops S10 Farm equipment and sales S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S15 Health Services: Under 10,000 sq. ft. S21 Laundry and Dry Cleaning Services S24 Motor Vehicle Maintenance and Repair (Body Shop) S25 Motor Vehicle Sales Rental (new and used) S26 Motor Vehicle Services Stations 14 Must meet requirements of Article 6.18 in order to be considered a Stealth Telecommunications Tower 15 TO: Orange County Board of Commissioners and Planning Board DATE: October 20, 1998 PAGE: Three S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building S33 Printing and Lithography S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 Restaurants: General S42 Retail Trade, Sales, 8~ Rental of Convenience Goods, Merchandise 8~ Equipment 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) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, 8~ Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation (200-300 Trips/Day) S50 Storage of Goods, Outdoor S51 Storage and Warehousing, Inside Building S53 Wholesale Sales S58 Special Events (Less than 150) The following uses are allowed with a Class A Special Use Permit in EC-5: P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants P176 Telecommunications Towers 200 feet or taNer The following uses are allowed with a Class B Special Use Permit in EC-5: H7 Group Care Facility P3 Buildings; Portable P17 Elevated Water Storage Tanks P17A Telecommunications Towers 199 Feet or Shorter P22 Transmission Lines 16 C. PUBLIC HEARING ITEM ®~ ~ ~ t~ S 2. Zoning Atlas Amendment a) Z-5-98 L. J. Rogers Trucking Co. This item was presented by Jim Hinkley for the purpose of receiving citizen comment on a Planning Staff request to correct an error in the Zoning Atlas in Cedar Grove Township. The proposed rezoning involves all of a 3.44a parcel (Tax Map No. 2.17..1 C) and a 2.06a portion of a 184a tract (Tax Map No.2.17..1) at 7818 NC 49. Operations of L.J. Rogers Trucking Company, Inc., including its general offices, dispatcher facility, training and safety operations, maintenance shops, outdoor storage of semi-trailers, and parking for semi-tractors are situated on these parcels. An error in zoning was discovered when the company applied for a building permit to add a 60' X 100' fleet maintenance shop to the complex. The firm was unable to build the new facility because the property is zoned AR. He mentioned that this is a part of a larger agricultural tract of approximately 184 acres. The original zoning mistake occurred as a result of oversight or perhaps when it was transferred to the permanent map. He also mentioned that this is in the Back Creek Watershed. The impervious surface now existing, including the new proposal, is 67%; the allowed amount is 70%. QUESTIONS AND/OR .COMMENTS FROM THE BOARD OF COUNTY COMMISSIONERS: None. QUESTIONS AND/OR:COMMENTS FROM THE ORANGE COUNTY PLANNING BOARD: Dr. Barry Katz asked how the error occurred. Hinkley said that-there was an oversight in the.field survey taken by staff in the summer of 1993. QUESTIONS AND/OR COMMENTS FROM CITIZENS: 1 None. A motion was made by Commissioner Carey, seconded by Commissioner Gordon, to refer the proposed Zoning Atlas amendment to the Planning Board for recommendations to be returned no sooner than February 2, 1999. VOTE: UNANIMOUS .~ DRAFT the extension will take place without some certainty that there are business enterprises that are wanting to locate in that EDD. Allison asked how long the housing development had been in the area Lincoln responded that it was there prior to the rezoning in 1996. Mr. James La Torre, applicant, using the map, indicated that he is surrounded by houses and the property is question contains three houses. He continued that he was hying to market his property but real estate agents have indicated to hirn that without public water and sewer businesses are not l~7cely to locate in the area That was the reason he was hoping for some leeway for some residential development. Barrows clarified that the three houses on the property are non-conforming and are there simply because they were already there at the time of zoning to EDD. The owners could not make additions to them since they are non- conforming. MOTION: Walters moved agreement with the findings of fact on Article 203.2a Ze as indicated by the Planning Staff. Seconded by Brooks. VOTE: Unanimous. MOTION: Woods moved to deny the application for rezoning. Seconded by Brooks. VOTE: Unanimous. (2) Z-5-98 L.J. Rogers Trucking Company Presentation by Jim Hinkley. This item is to consider a request to correct a Zoning Atlas error in Cedar Grove Township by rezoning 5.3 acres fromNC-2 Neighborhood Commercial and ARAgricultural-Residential to EC-5 Existing Commercial. The proposed rezoning involves all of Tax Lot No. 2.17..1 C (3.44x), a part of No. 2.17..1 (1.Sa + of a 184a tract), and small portions of Nos. 2.17.. lA & 1D (less than an.acre) at 7818 NC 49. L.J. Rogers, Jr. Trucking Company, Inc. has been in business at this location since 1975. C+m the property are the Rogers general offices, dispatch facility, training and safety operations, maintenance shops, outdoor storage of semi-traailers, and parking for semi-tractors. The proposed zoning lot is located on the . northwest side of NC 49 approximately 1,100' southwest of the intersection of NC 49 and Corbett Ridge/Carr Store Roads. The 3.44a parcel is zoned ARAgricultural-Residential. A .94a portion is zoned NC-2 Neighborhood commercial and 1.12a is zoned AR Proposed zoning is EC-S Existing Commercial for the entire S.Sa complex. The L. J. Rogers, Jr. Trucking Company has been in business on this site for 23 years. With a gross income of over S7 million dollars in 1997, the. company currently hires 68 employees including 55 drivers, 8 office staff, 3 supply workers and 4 dispatchers. The Company owns and operates more than 200 semi-trailers. 17 DRAFT 'a , An error in zoning was discovered when the company applied for a building permit to add a 60' X 100' fleet maintenance shop to the complex. 'The fain was unable to build the new facility because the property is zoned AR. It is the intent of the Orange County Zoning Ordinance to allow businesses existing oa the effective date of zoning to be given the right to continue to exist, grow, and expand by being zoned EC-5 Existing Commercial. That same right is applicable in this rezoning request. A joint public hearing was held by the Board of County Commissioners and the Planning Board on November 23,1998. There were no public comments. Planning Board. Member, Barry Katz, asked how the error. occurred. Hinkley responded that it probably was a staff oversight during the field survey of the summer of 1993. While the parcel lies within the Back Creek Watershed, the Erosion Control Staff and engineers on the project have determined that the extensive area around the parcel is more than sufficient to address impervious surface and Best Management Practices (BMPs) concerns. The area surrounding the parcel is more than 200 acres of paswreland and two ponds in the same ownership. The Planning Staff recommends approval of an EC-5 zoning lot of 5.5 acres as delineated on the site map and findings of fact. The findings are attached to these minutes on pages Barrows expressed concern about possible future subdivision of the 200 acres and impervious surface requirements. Hinkley responded that should there be plans for subdivision, those concerns would all be addressed at that time. In regard to Barrows concern, Lincoln responded that in calculating impervious surface requirements, existing impervious surface (existing at the time the Watershed Protection Regulations were adopted) is subtracted from total acreage. Any proposed impervious surface is limited to the percent allowed based on the remaining acreage. Also, the Zoning Ordinance provides procedures for applying far a variance from minimum Statewide Water Supply Watershed Protection rules. Further discussion indicated the business had all been in existence over twenty years prior to zoning being applied to Cedar Grove Township. The consensus was that it was a very straight forward correction of an eaor made in 1994 when zoning was applied. MOTION: Sellark moved agreement with findings of fast as presented by the Planning Staff for Article 20.3.2a - 20.3.2e and Article 4.2 (a) and (b). Seconded by McAdams. VOTE: Unanimous.