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Home My WebLink AboutAgenda - 11-23-1998 - C1 (a)ORANGE COUNTY (1(1 ~~ BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 23. 1998 Action Agenda Item # C 1(a L SUBJECT: OLD CHAPEL HILL -HILLSBOROUGH ROAD PROPOSED ROAD NAME CHANGE DEPARTMENT: Planning & Inspections PUBLIC HEARING: _X_Yes _No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: INFORMATION CONTACT: Slade McCalip -Name Change Petition Presented on 05/06/98 Extension 2595 - 05/06/98 Draft BOCC Minutes -Vicinity Map of SR 1009 Name Change Area TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider changing the name of SR 1009 from OLD CHAPEL HILL - HILLSBOROUGH ROAD to OLD NC 86. BACKGROUND: CITIZENS: At the May 6, 1998 BOCC meeting residents that live along Old Chapel Hill -Hillsborough Road (from Hillsborough to New Hope Church Road) presented a petition to the Boazd to change the name of the road to Old Hwy 86. Their reasons for the request aze as follows: 1) The address as it is currently written has too many chazacters to be held by many modern computers; 2) Attempts to abbreviate the address aze not standazd and cause mail to be lost; 3) There is extreme difficulty in giving the address verbally over the phone to companies which need to send information; 4) It is logical that the entire road have the same address from Carrboro to Hillsborough. ORANGE COUNTY EMS: The Director's preference for providing emergency services would be to have the entire road have the same name. HILLSBOROUGH PLANNING: The Director has stated that the department has no preference for the road's name. HILLSBOROUGH POST OFFICE: The Postmaster has stated that "We will deliver the mail no matter what the address". oo~ Y t NCGS: § 153A-239.1. Naming roads and assigning street numbers in unincorporated areas for counties. (a) A county may by ordinance name or rename any road within the county and not within a city, and may assign or reassign street numbers for use on such a road. In naming or renaming a road, a county may not: (1) Change the name, if any, given to the road by the Board of Transportation, unless the Board of Transportation agrees; (2) Change the number assigned to the road by the Board of Transportation, but may give the road a name in addition to its number; or (3) Give the road a name that is deceptively similaz to the name of any other public road in the vicinity. A county shall not name or rename a road or assign or reassign street numbers on a road until it has held a public hearing on the matter. At least 10 days before the day of the hearing, the board of commissioners shall cause notice of the time, place and subject matter of the hearing to be prominently posted at the county courthouse, in at least two public places in the township or townships where the road is located, and shall publish a notice of such heazing in a newspaper of general circulation published in the county. After naming or renaming a road, or assigning or reassigning street numbers on a road, a county shall cause notice of its action to be given to the local postmaster with jurisdiction over the road, to the Boazd of Transportation, and to any city within five miles of the road. RECOMMENDATION: Planning Staff recommends that if the road name is changed, that it be changed to OLD NC 86 instead of OLD HWY 86 to be consistent with the segment of SR 1009 between New Hope Church Road and Homestead Road. Based upon the comments received, the Board can decide at the public hearing whether to change the name or not. /~ - ~ ~ ~ _ `- ~` ' ` - _ r _~ .~ u ' - nos PETITION REPRESENTING THE RESIDENTS OF OLD CHAPEL HILL-HILLSBOROUGH ROAD The attatched petition represents the residents of Old Chapel Hill-Hillsborough Road in their desire to change the name of the road to Old Hwy 86. The reasons are as follows: 1. The address as it is currently written has too many characters to be held by many modern computers. Z. Attempts to abbreviate the address are not standard and cause mail to be lost. 3. There is extreme difficulty in giving the address verbally over the phone to companies which need to send information. 4. Only the residents of a 2 mile stretch of the road are impacted by the address, tiie remainder of the road is called Old Hwy 86. It would seem more logical to continue the name to the city limits of Hillsborough to facilitate emergency as well as pers anal visitors to our homes. All residents are welcome and encouraged to attach personal statements to this petition on notebook paper. For more information call Donna Miller 929-2984 or Mitch & Lilly Lloyd 933-2326 ~~~y i~s ~ ~~ _ h Personal Statement Attatchments 1. Donna C. Miller 4310 Old Chapel Hill-Hillsborough Road My father Don Collins of 4311 Old Chapel Hill-Hillsborough Road did not receive the bill for his recent knee surgery due to the fact that his address would not fit in the given spaces in the surgery center computer. The secretaries attempt to abbreviate caused the bill to be lost. 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' �� ,.--- . � ---, . c:. o to ~1 DRAFT n i 1 2 MINUTES 3 ORANGE COUNTY BOARD OF COMMISSIONERS 4 REGULAR MEETING 5 May 8, 1998 6 7 8 The Orange County Board of Commissioners met in regular session on Wednesday, May 6, 1998 in the Judge 9 F. Gordon Battle Courtroom, new County Courthouse in Hillsborough, North Carolina. to 11 COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses 12 Carey, Jr., William L. Crowther, Alice M. Gordon and Stephen H. Halkiotis. 13 COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 14 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod 15 Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified 16 appropriately below) 17 18 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 19 AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING 20 WILL BE KEPT FOR 5 YEARS. 21 22 23 1. ADDITIONS OR CHANGES TO THE AGENDA 24 The Board agreed to delete item 9-i "Lease renewal for 103 Laurel Avenue, Carrboro'. 25 The Board added to the agenda a discussion on the request from the Carrboro Board of Aldermen to form a task 26 force to develop a plan for library services in Can•boro. John Link will do a report on what has been provided to date for 27 library services in Carrboro, how it is working and public utilization. 28 The Board added a proGamation for Disability Awareness Week as item 5-e. 29 30 31 2. CITIZEN 8 AUDIENCE COMMENTS 32 a. Matters on the Printed Agenda 33 Chair Brown stated that citizens who have indicated a desire to speak on an item that appears 34 on the printed agenda will be recognized at the appropriate time. 35 36 b. Matters not on the Printed Agenda 37 Donna Miller who lives at 4310 Old Chapet Hill-Hillsborough Road, which is part of the three mile stretch 38 of highway that was given this name, spoke in support of changing the name of this road back to Old Hwy 86. She told 39 about the problems they have in getting their mail because of the long name of their road. They also have a problem 40 with 911 calls. She said it is very confusing and she asked that it be changed back to Old Hwy 86. 41 Commissioner Halkiotis presented a petition with 54 signatures representing the residents of Old Chapel Hill- 42 Hillsborough Road in their desire to change the name of the road to Old Hwy 86. The reasons are as follows: 43 44 1. The address as it is currently written has too many characters to be held by many modem 45 computers. 46 2. Attempts to abbreviate the address are not standard and cause mail to be lost. 47 3. There is extreme difficulty in giving the address verbally over the phone to companies which need to 48 send information. 49 4. Only the residents of a 2 mile stretch of the road are impacted by the address, the remainder of the 50 road is called Old Hwy 86. It would seem more logical to continue the name to the city limits of Hillsborough to 51 facilitate emergency as well as personal visitors to our homes. 52 53 Commissioner Halkiotis asked that staff bring back a recommendation on what can be done. 54 55 Mitchell Lloyd and Don Collins both spoke in support of this request to return the name of this stretch of 56 road to Old Hwy 86. 57 58 v,t,,,,~~y ,v,aN v, ~, ~ ,vv~ ,va,,,c i..i+a„~c r~~Ca _ r --~ _ .~ .._.. ~~ ~ ., ~. ~.a~ ~( 4 ~i r W Y ~~+ .e~' ae~ ww.r p wrrncar~~ ~u~a~w {~'~ ORANGE COUNTY BOARD OF COLNTY COMMISSIONERS and PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: November 23 1998 Action Agenda Item ~#~~ SUBJECT: Z-5-98 L.J. Rogers Trucking Co., Inc. DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): Applications Vicinity and Site Maps General Information Memorandum Certificate of Mailing Staff Findings INFORMATION CONTACT: Jim Hinkley, X2584 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a Planning Staff request to correct an error in the Zoning Atlas in Cedar Grove Township. BACKGROUND: The proposed rezoning involves all of a 3.44a parcel (Tax Map No. 2.17..1C) 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. 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/Can Store Roads. The 3.44a parcel is zoned AR Agricultural-Residential and for the 2.06a portion:.94 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. 1~' j ~~ The L.J. Rogers Trucking Company has been in business on this site for 24 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 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/Can 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 Can 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 to shop. l!~ The basis for the error is that the land use of the L.J. Rogers Company was inadvertently disregarded in the Analysis and Evaluation of the Carr Rural Community Activity Node in the above quote. 1994 Zoning is adopted for Cedar Grove Township. The trucking company's office, located on the .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'±. The company's physical operations, located on the abutting 3.44a parcel to the northeast (Tax Map No. 2.17..1C), is 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. Within aone-half 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, deteriorating convenience store with an attached quarter (25C) wand-spray carwash on the eastern quadrant of the intersection. ~ The Rogers trucking and fertilizer businesses to the southwest on NC 49. Impervious surface limitation in the Back Creek Protected Watershed for non-residential use is 70 percent. nos Intent and application criteria of the EC-~ 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. Current Uses of the LJ Rogers Permitted Uses General Offices S28 Offices and Personal Dispatcher 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 It is the intent of Orange County Zoning Ordinance to allow businesses existing on the effective date of zoning 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. X17 RECOMMENDATION: Article 20.3.3 of the Orange County- Zoning Ordinance requires that the Zoning Officer's recommendations be presented to the Planning Board within 30 days of receipt of the applications. The 30-day period may be extended up to 60 days with written consent from the applicant. The public hearing is the time scheduled for presentation of the Zoning Officer's recommendations. The Zoning Officer recommends approval of an EC-S zoning lot of S. S acres as delineated on the attached map of the property. No decision on the applications is made by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 60 days within which to prepare and submit recommendations to the Board of Commissioners. Failure of the Planning Board to submit recommendations within the required time shall be considered as favorable recommendations, without conditions. The Administration recommends that the proposed Zoning Atlas amendment be referred to the Planning Board for recommendations to be returned no sooner than February 2, 1999. OLD ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT ~ ~~ t p ~ Date : ~C~~~~C~ ~, ~~~ is ~~ TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zaning Atlas of Orange County as hereinafter requested. ~~/ ,/~ 1. The property is located on the ~Vr, side o! -9:-R-#N(i ~ Street/Road) between S.R.# and S.R.# It is known a otfe) ..~f~1G Block of Orange County Tax Map ,f~- ownship. It has a frontage of Q.L~D t feat and a dacth of 6~0-~ feet, end contains 2~`_'2~ 580. square feet or 5.5 ,-acres. 2. It is esiri9d nd requested het the foregoing property be rezoned from ~1`'2~ ~~ to ~-s . 3.- The ..fo l Lows ng i n fo rmati on has bean _ attached ..i n__, support o f th e application for changing the Zoning Atlas I• - required on all . epplicstione). `a. A fully dtwensionsd sap et a sash of not tees Lhen ens ItS inah ,. _ equals one-hundred ItQO) test nor ^ors than one It) inch equela - twenty ' T20~ 'feet'-shoxY~--th• land whleh is proposed to h• rezoned. `b. A lapel deseriptlon of th• land proposed to be rezoned. `e. A ststewent of Justifiastion addressing on• or wor• at th• toltowlnp: (1) The alleged error in the Zaning Ordinenas, it any, which would b• onrrectsd by the proposed ewendsent with • detailed .. a:planation at aueh error fn the Zoning Atla• end datailsd rsason• ho^ the proposed •wendwsnt rill correct the error. (11 The ohanged or changing conditions, 1f any, in the srea ar in the Count? generally, which wake the proposed swsndwsnt rsssonably nsaesssry to the prowotion of the pub lie health, sef~ty and general welfare. 'I3) Ths •ennsr 1n whteh the proposed swsndwsnt will carry out the intent and purpose of the adopted Land Uas Plan or part thereof. `(4) All other eircuwstanees, teeters and reasons whteh the ' appliesnt otters in support oT the proposed swsndwsnt lneluding, but not llwitsd to, docuwantation tro^ ssrvies agencies ta.g. tire, police, rescue and utilitisa •g sneiss) sasuring ssrvlnea pray/aton espabillty to the developwent. d. A list of alt individuals, tins or aarporetlon• owning property edJotning or •f thin five hundred 1300) Teat of the property sought for rezoning is attached. Ths list is eurrsnt ss of (Dalai - ~I certify that ell information furnished in this application is accurate to the bust of my knowledge. ` A P P L i c a n t (s) : ~L1 ~ lA,~kLE .. ~,e,ati~'£ Co~N~ ~Ati~il.%/Vgiar7'pIC~ Address: ~ _ _ '~ 2 Phone : f~L _~~~.5 ~x25f~•¢ -- -- - t--- � REZONINC R�QUGST CHGCKLIST C � . � OWNGR'S NMfE ��.J i�0�/�r'S � ADDRESS ��l.L�j N(i �%, �Q�j /v�/ ��?�� Lr/1�� Current zoning ��, � Q�. Total number of acres 5•�ctJ Current land use� ��.� �� Type of rezoning requested �C " '�J Proposed land use �me �s �r�7`us� • Tax map � �� Block d� -- Number of lots 2 Proposed lJater Supply: Public Community Individual � Yroposed Sewage Treatment: Public Comawnity Individual sep[ic tank G� Access onto state road 0 e�,/ Averase daily traffic count on the state road •�� 7��Describe existing critical areas: Flood prone areas IV�Q Poorly drained areas �� Streams �� Other sensitive areas �/Q Describe land uses in: Ceneral Area /�yricv/t��/�esi�len ta / Ad jacent parcels of land �Qq�iCL��dr� �--l�ro/��Li'�7G1 f� 7�S�LY"�Pi '� 1�9(� cav� f'nea� CasivellC,�unty li�e t 1) ` 1 REZONING REQUEST - L.J. ROGERS TRUCKING COMPANY Z-5-98 Tax Map Nos. 2.17..1 & 1C 5.5 acres From AR and NC-2 to EC-5 LEGAL DESCRIPTION BEING a 2.06-acre portion of lot no. 2.17..1 and all of lot no. 2.17..1 C, as recorded in Deed Books 85-E-129 and 302/64 respectively of the Orange County Registry. ~~~ .. 1^`~ (. ~ . Z-5-98 ROGERS TRUCKING REZONING REQUEST Tax Map Nos. 2.17..1 ~ 1 C Scale 1 " = 4,000' 11 N (1 ti ~ ~_I .I . a ~ 2624 I ~o ~ I .n ~ ~ ! FU O 184.3 6 AzC': 1 ~I C' 7AC, 55.7 .57 AC. =3844 . 57 AC. X772 . 64 AC Z-5-98 ROGERS TRUCKING REZONING REQUEST Tax Map Nos. 2.17..1 8t 1 C Scale 1 " = 400' 11 N V 228 5C ~~ ~/ // / 13 /~///' . 1355 ~ / 5 AC. ~~j .-Z_ MAT ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD H1LL3BOROUGH• NORTH CAROLINA 27278 L•••t ~ b~ •. a a ~'~ e..•`~•• 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. APPLICANT: Orange County Planning Staff OWNERS: L.J. Rogers, Jr. et al. 7818 NC 49 Mebane, NC 27302 LOCATION: 7818 NC 49 (Tax Map Nos. 2.17..1 & 1C) PROPERTY SIZE: 187± acres PROPOSED ZONING LOT: 5.5 acres EXISTING LAND USE: 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) PROPOSED ZONING: EC-5(BACK-PW) Existing Commercial (Back Creek Protected Watershed) 4'nr~ p ` ,, ~?6 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 Must meet requirements of Article 6.18 in order to be considered a Stealth Telecommunications Tower 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 & 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, & 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 P17B Telecommunications Towers 200 feet or taller 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 ~- `-' 'l ~_~~~ nay CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT I, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On or about November 6, 1998, I sent by Certified Mail, postage prepaid, a Notice of the Public Hearing to be held on Monday, November 23, 1998, at 7:30 pm in the F. Gordon Battle Courtroom of the New County Courthouse at 106 E. Margaret Street in Hillsborough, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against a proposal by the Orange County Planning Staff to amend the County Zoning Atlas by rezoning 5.44 acres on the northwest side of NC 49 approximately 1,000 feet southwest of the intersection of Corbett Ridge/Carr Store Road (SR 1004) and NC 49 in Cedar Grove Township (Tax Map No. 2.17..1 & 1C) from AR Agriculture-Residential and NC Neighborhood Commercial to EC-5 Existing Commercial. The notice was sent to five property owners who hold title to five parcels which lie within S00 feet of the L.J. Roger Trucking Company, Inc. properties. A list of the parcels and their owners is attached. James R. Hinkley, AI Zoning Officer o G '. ti• ~ ATTEST: ~~' ~ ~: ~'~'~`~'~ ~ car,`./ ~~~ • Libra aham ~'~ Ccm~:i~sian Exrir2; 5 ~~- ~cc ;-- r n ~; Z-5-97 Cedar Grove Township Atlas Amendment Proposal of L.J. Rogers Trucking Company, Inc. AFFECTED PROPERTY OWNERS within 500 feet Page One of One 2.17..9C Nina C. Breeze Rt. 1, Box 192 Cedar Grove, NC 27231 2.17..9D Odell M. Prince C/O Ella C. Askew 4501 Carr Store Road Cedar Grove, NC 27231 2.17..9E Ella Gertrude Corbett Askew 4501 Carr Store Road Cedar Grove, NC 27231 2.17..9F Martha C. Nichols PO Box 1238 Hillsborough, NC 27278 2.17..9) Larry Corbett 4611 Carr Store Road Cedar Grove, NC 27231 1 PLANNING STAFF FINDINGS OF FACT - PERTAINING TO APPLICATION: Z-6-98 I..1. ROGERS. )R TRU_rK�1�G ['OMPANY, INC BASED ON APPLICATION MATERIALS SUBMITTED BY THE PLANNING STAFF, THE PLANNING BOARD FINDS THAT THERE IS EVIDENCE TO SllPPORT THE FOLLOWING: ARTI�LE 20-SPEGIFI[STANDARDC FnQ Fvw�i uTinNiRF�nNiNr. ("Ye�" = com ian P; "No" = non-com Il�ny► PLANNING STAFF PLANNING BOARD FINDINGS SUPPORT FINDINGS F(�� Ordinance Renuirements The applicadon must comply with ali requfrements specifled in Ardcle 20-Bm�pQm�pu. Thase requiremen[s include: 20.3.2 a) Map showing affected _X_Yes No Site plan submitted at scale Yes No property at scale oF not less than of 1"=40' 1'=100" nor more than 1"a20' 20.3.2 b) Legai descripdon of _X_Yes No Legal Descripdon submicted f�om Orange Yes No the zoning lot Counry Registry Book 905 Page 462. 20.3.2 c) Explanadon of alleged error, _X_Yes No Explanadon provlded by Pianning Swff Yes No if any, to be corrected by proposed amendment 20.3.2 d) Changed condidons, if any, NA Not appllcable Yes No which make an amendment reasonably No changed condidons are ciced. necessary to promoce health,safery, , and the pubiic welfare. 20.3.2 e) Manner in which proposed _X_Yes No The property lies within the bounds Yes No amendment will carry out the purpose of the Carr Rurai Community Activity and Intent of the Orange County Node designated In the Land lJse Element Comprehensive Plan. of the Comprehensive Plan. The use was not recognlzed as exisdng In the Land Use Element and consequendy was not zoned on the effective date of zoning for Cedar Grove Township In 1994. "7 W h-- 2 ARTICLE 4 - DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA J PLANNING STAFF EVIDENCE SUBMITTED TO PLANNING BOARD EINDINGS �UPPORT FINDINGS fINDINGS Ordinance Reauirements Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the applicaqon of a zoning disuict 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 Disuict is to provide _X_Yes No The uses permittcd in the EGS district Yes No a district to be used only during the application of accommodate the pre-existing and concinuing zoning to previously unzoned townships to accommodate commercial use of the L.l. Rogers Trucking existing commercial uses or in zoned townships to Company prior to the effecdve datc of zoning. previously zoned commercial property which is c�t located in areas designated as Activity Nodes by the adopted Comprehensive Plan. (b)Application Criteria The EC-5 district is applied to existing commercial uses _X_Yes No The L.]. Rogers,)r.Trucking Company, Inc. in unzoned townships and previously zoned commercial was in operation at the time of zoning in 1994. 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 The site is located in the Carr Rural Community Yes No Comprehensive Plan. Acdviry Node designated by the I.and Use Element of the Comprehensive Plan 2. Lot size for individual uses wouid be _X_Yes No The area is adequatc to accommodate an Yes No appropriate to the method of water supply individual well and septic system. and sewage disposai. -