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HomeMy WebLinkAboutAgenda - 05-26-1998 - C-1(a-b)~-•f ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 26. 1998 Action Agenda Item # ~ 1 (a ) SUBJECT: PROPOSED ZONING ATLAS AMENDMENT Z-1-98 Wesley G. McAdams DEPARTMENT: PLANNING PUBLIC HEARING: _X Yes No BUDGET AMENDMENT REQUIRED: Yes _X_ No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley, X2584 Applications TELEPHONE NUMBERS: Vicinity and Site Maps Hillsborough - 732-8181 General Information Memorandum Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 Staff Findings Chapel Hill - 968501 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment in Bingham Township. BACKGROUND: The proposed zoning lot is located on the west side of Holly Ridge Road approximately 850 feet north of Oak Grove Church Road in Bingham Township. The request is to rezone a 2.03-acre portion of a 6.3-acre pazcel owned by Wesley and Sharon Kay McAdams located at 4015 Holly Hill Road (Tax Map No. 6.lA..IA) from AR Agricultural- Residential to AS Agricultural Service. The site is located in the Cane Creek Watershed, near the northwestern boundary. The proposal meets the 2-acre minunum lot size fora non- residential use in the watershed. A 12-percent limit on impervious service also applies. o~-~ UUr All surrounding properties lie within Orange County's jurisdiction and are zoned ARCANE-PW) Agricultural-Residential (Cane Creek Protected Watershed). The requested rezoning has been initiated to accommodate the establishment of an agricultural service business permitted by the Orange County Zoning Ordinance and to implement the Land Use Element of the adopted Comprehensive Plan which categorizes the property as Agricultural-Residential. In accordance with the Land Use Element, the proposed zoning lot is situated within an area zoned as Agricultural- Residential. The intent of AS zoning is to provide sites in rural areas for rural non- farm, non-residential uses which support horticultural, silvicultural, and agricultural purposes of AR districts. Application criteria state that this district will usually be employed where the following conditions exist: 1. The site is within an area designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential. (No change in the Comprehensive Plan is required.) 2. The lot size for individual uses would be appropriate to water supply and sewage disposal. 3. Normally, the maximum amount of land zoned Agricultural Service would be no more than ten acres. The Land Use Element of the Comprehensive Plan shows the McAdams property as Agricultural-Residential. This category pertains to rural areas where prevailing activities (agriculture, forestry) are related to the land in an appropriate location for the continuation of these uses. Therefore, the proposed rezoning to AS would be consistent with the Comprehensive Plan. For any proposed development of the subject property, the following requirements apply: 1. The front building setback must be 50 feet; 2. The side and rear building setbacks must be 20 feet; ,. - , t 3. The maximum impervious surface shall be no more than 12 percent, including all structure "footprints," paved and graveled driveways, aprons, and all compacted outside storage areas; and oo~ i - ~, 4. A 75- to 100-foot Land Use Buffer adjacent to residential uses is required, depending upon the use proposed. Comments have been received from the Fire Marshal, 911, the Sheriff, and Piedmont Electric Membership Corporation stating that the uses permitted in an AS zoning district at this location can be served. The application for the rezoning of the tract from AR Agricultural- Residential to AS Agricultural Service has been reviewed by Planning Staff. Findings required by Article 20.3 of the Zoning Ordinance follow: 1. There was no error made with respect to the property when zoning was adopted for Bingham Township on September 2, 1981. 2. The property was zoned AR on September 2, 1981, in accordance with the Comprehensive Plan. 3. Rezoning the property to AS would be compatible with the stipulations set forth for the Agricultural-Residential plan category use given in the Comprehensive Plan. The Plan would ~ need to be amended to accommodate AS zoning. 4. Seventeen uses are permitted by right in the AS Zoning District. Three 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. Lists of AS uses are given in the General Information Memorandum to the Board of County Commissioners and the Planning Board of April 16, 1998, which is attached. RECOMMENDATIONS: The Zoning Officer recommends approval of the rezoning based on attached findings. No decision on the application is made by either the Planning Board or Board of County Commissioners at the public hearing. Instead, the UU-~ .~ - , r 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 amendments be referred to the Planning Board for recommendations to be returned no sooner than August 18, 1998. /ORANGE COUNTY, NORTH CAROLINA ti ~ APPLE +TZON FOR CHANGE OF ZONINf~`;ISTRICT (~~~,j TO THE BOARO OF COUNTY COMMISSIONERS D ~~~ObL~ D ORANGE COUNTY NORTH CAROLINA The undersigned do hereby make epplicat on to c ange the Zoning Atlas Orange County es hereinafter requested. 7. The property is located on the ~j~_sida of f Nac.l-~/ NILI... S~~r/Road) betNeen S.R.# IiZO E S.R. 1l 1'l It is known as Lot(s) PARToF Block -- , Orange County Tax Map ~,-_ trt ~~"~ Township. It has a fronts of _43~_ feetf. end a depth of .ZoO feet, end contai _ ._.~7l2d square feet or 2 acres. 2. It is desired and requested that the foregoing property be rezon from b I'- to AL•2l CULTU2.4L SEQYIC E,AS 3.. The ,.following information has been _attached ..in support oP application fo r ch eng i ng the Zoning Atlas t'~ - required on applications). •a. A fully dlwanetontd ^ap at a seals of not lets than one f1) lnoh squats one-hundred 1100) fret nor wore then one I1) lnoh equals ~' twenty I~01 feet""showtrp••-the trod whlah 1t proposed to be rtsoned. •b. A lspal deserlption of Lhe land propoasd to bs rtxoned. •c. A stettwant of Juatlfleation eddreeslnp one or wort of the following: ' (1) Tht alleged error in the 2oninp Ordinanoe, if any, whleh would ba corrected by the propasad awandwent with a detslled esplenstion of auoh error 1n the toning Atlas and dacalled rt~aona how the proposed ewendwanS will oorrtot the error. (Z) The ohen9ed or ohanQinQ oondlttons, it any, 1n Lhe arse or to LAe County panertlly, which wake Lhe proposed awandwertt reasonably naoeasary to the prowotlon of the pub lie health, safety end general welfare. 't3) The Wenner to whteh Lhe proposed ewtndwent wlll carry out Lhe Intent end purpeee of the adopted Land Uae Plan or pert thereof. •l41 All ether eirauwatenoaa, taotora end rsasene wh1aA the ' epplioant otters in support of the propoead awendwent tnalud/no, bu! net live/red to, doouwantation trove servtaa e0enafae (a.q. ttrt~ patine, reeaue and utilttls~ apenalesl eseurlnp eerrisee prorielon eeptbiltty to the developwant. d. A ~lfss et all indirtduala. tirwa er eerperetiona owntnp property edJeinin~ er within fire hundred Id001 feet of the property s uqh for onin~ is astaohed. The lies fs ourrant as of )Oats) I certify thst all information furnished in this spplication is.eccuret to the bast of ay knowledge. • Applicant(s) : ~ ~~~j~325/ Addrsss• ~ ... p 2 _ p . _ -- Phones 383 --~°l~~V~ + O Q: REZONING REQUEST CHECKLIST OWNER'S NAlSE~~,~~. l1~1~~I?T~ ADDRESS Current zonln~ ~~ Total number of acres •~. Type of rezoning requested ~ ~Q.~hl/5 • Proposed i Q .~. r Current land use >iP~i~e_h 1 ~L ~~'f'CLI'YYf~hA land use ,qQ•~"~ ,Qmen1" O~eo~~r~/~czinf`nanr_~_ Tax map ~ .. Block ~ '' Number of lots ~ Proposed Water Supply: Public Community Individual ~ Proposed Sewage Treatment: Public Community Individual septic tank '~ ~~ Q:k .grove v.+cfi ~- Access onto state roa d le ~~~7 Average daily traffic count on the state road ~r~~ Describe existing critical areas: Flood prone areas N~Q Pooorly drained areas N~Q Streams ~~~ Other sensitive areas CdAe'- {~Y'D~PC~ '~ / R Describe land uses in: General Area Adjacent parcels of land ~.On ~1-•1Yi~~In~~~ ta~he~orlh~Yesf REZONING REQUEST JUSTIFICATION Wesley G. McAdams REZONING REQUEST Agricultural-Residential to Agricultural Service 4015 Holly Hill Road, Bingham Township Proposed Zoning Lot Size: 1.264a Portion of 6.3-acre lot owned by Wesley McAdams Tax Map # 6.1A..1A STATEMENT OF JUSTIFICATION The requested rezoning from AR Agricultural- Residential to AS Agricultural Service is in accordance with the provisions of the Land Use Element of the adopted Orange County Comprehensive Plan. Intentions for the zoning lot are Agricultural Services Uses. The premises is surrounded primarily by agricultural uses and forestland. The proposed zoning lot has direct access to Oak Grove Church Road via Holly Hill Road. Ul~J ~4~~ / v~ \~~ ~ / ~:~,,// ~/~ O i ' I~ /~' ~ ~ j~ i.wl ~~ .~ ~~ ~ ` ` w \i ~ w .~~ ~~ ~ ,~ ~ ~ \ ~ ~ ~\ , ~ ~ . Z-1-98 WESLEY G. McADAMS REZONING REQUEST Scale 1" =100 N~ ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ,.~~ ., .. ~• .' v n ''~~ e..~`'~ MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM:. ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: APRIL 16, 1998 011 SUBJECT: Z-1-98 WESLEY G. McADAMS REZONING REQUEST Public Hearing Scheduled for May 26, 1998 GENERAL INFORMATION APPLICANT: Wesley G. McAdams OWNERS: Wesley G. and Sharon Kay McAdams 4015 Holly Ridge Road Mebane, NC 27302 LOCATION: 4015 Holly Ridge Road (Tax Map No. 6.1A..1A) PROPERTY SIZE: 6.3 acres PROPOSED ZONING LOT: Two (2) acres EXISTING LAND USE: Residence, farmland SURROUNDING LAND USE IN GENERAL AREA: Agriculture, Residential NORTH -Agriculture, pasture, residential WEST - Wooded, agriculture SOUTH - Agricuture, wooded, residential EAST - Residential, wooded COMPREHENSNE PLAN LAND USE DESIGNATION: Agricultural-Residential EXISTING ZONING: AR Agricultural-Residential PROPOSED ZONING: AS Agricultural Service UI~; r ~ t v f MEMORANDUM TO: Orange County Planning Board DATE: April 16, 1998 PAGE: Two The following definition, statement of intent, and application criteria are quoted from the Orange County Zoning Ordinance, as amended. AGRICULTURAL SERVICES DEFINITION Agricultural Services -Commercial activities offering goods and services which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide services, retail sales of farmlgarden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting halls, storage and processing plants for agricultural products including wineries and canneries. AS AGRICULTURAL SERVICE DISTRICT Intent and application criteria of the AS Agricultural Service Zoning District as given in Article 4.2.24 of the Orange County Zoning Ordinance. The purpose of the AS Agricultural Service District is to provide sites in the rural portion of the County for rural non-farm, non-residential uses which support the horticultural, silvacuitural, and agricultural uses of the AR Agricultural-Residential districts. The AS district is usually applied where the following conditions exist: 1. The site is within areas designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential; 2. Lot sizes for individual uses are appropriate to the method of water supply and sewage disposal; and 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. Permitted Uses Accessory Uses ' P2 Botanical Gardens 8 Arboretums P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments P17C Stealth Telecommunication Towers - 75 Feet or Shorter (Must meet requirements of Article 6.18.) . P25 Water and Sanitary Sewer Pumping Stations S2 Agricultural Service Uses S3 Animal Hospitals, Veterinarians S10 Farm Equipment and Sales S11 Feed, Seed, Storage and Processing S13 Greenhouses (No On-premises Sales) S14 Greenhouses (On-premises Sales) S18 Commercial Feeder Operation ~ ~ O 1,~ MEMORANDUM T0: Orange County Planning Board DATE: April 16, 1998 PAGE: Three S19A Class I Kennels S48 Sawmills S49 Stockyards S50 Storage of Goods, Outdoor The following uses are allowed with a Class A Special Use Permit: P11 Land Fills (Two acres or more) P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants P176 Telecommunication Towers - 200 Feet or Taller The following uses are allowed with a Class B Special Use Permit: P12 Land Fills (Less than Two Acres) P17 Elevated Water Storage Tanks P17A Telecommunication Towers - 199 Feet or Shorter P22 Transmission Lines S20 Class II Kennels, Riding Stables O1 ~~ ,. .~ CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT I, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On or about May 8, 1998, 1 sent by Certified Mail, postage prepaid, a Notice of the Public Hearing to be held on Tuesday, May 26, 1998, at 7:30 pm at the New County Courthouse at 106 Margaret Street in Hillsborough, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against Zoning Atlas Amendment Z-1-98 requested by the Wesley G. McAdams to rezone a 2.03-acre tract on his property at 4015 Holly Hill Road (Tax Map No. 6.1 A.. l A). The notice was sent to 8 property owners who hold title to 10 parcels lying within 500 feet of the McAdams property. A list of these is attached. ~~ James R. Hinkley, Zoning Officer E V,q~ Y•-.r ~ • ~.~ ~ ~°I1B1-~~'~; ~~ ~~•~~r• ' ATTEST: " , ~~, y~ Novans ~-il'7-2~oi ~.S~P.dQ~E Z-1-98 - McADAMS REZONING REQUEST Owners of Neighboring Parcels within 500 Feet Orange County Central Land Records as of February 25, 1998 Page One of One TaxTax Ma~Number caner 6.1..468 Robin McAdams 4122 Oak Grove Church Road Mebane, NC 27302 6.2..36 Nina Frankel David Digiuseppe 2204 George Circle Chapel Hill, NC 27514 6.7..3 Dorothy T. McAdams 4116 Oak Grove Church Road Mebane, NC 27302 6.7..3A Julies Campbell Ethelyene Campbell 4120 Holly Hill Road Mebane, NC 27302 6.7..38 Robert Carmichael David Carmichael 4010 Holly Hill Road Mebane, NC 27302 6.7..3C Patrick Dodson 6.7..3D Bonnie M. Dodson 4104 Holly Hill Road Mebane, NC 27302 6.7..3E Donald Carmichael Sheila Carmichael 4020 Holly Hill Road Mebane, NC 27302 6.8..6 Pam Tumer 6.8..66 4316 Oak Grove Church Road Mebane, NC 27302 S C PLANNING STAFF FINDINGS PERTAINING TO APPLICATION: ?-1-98 WESL_FY C;_ MrAnaMC BASED ON APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20 -SPECIFIC STANDARDt GnQ cv~t t uTtnuiuc~n~i:: (•Yes" = comndance, 'No' =non om~pfnl Ordinance Renulrements The appflcadon must comply with all requirements spedfled to Artlde 20 - AmspQmsNS. Those requirements Indude: 20.3.2 a) Map showing affected property ac scale of not less than 1'=100" nor more than 1"-20' 20.3.2 b) Legal description of the coning lot 20.3.2 c) Explanation of alleged error, If any, to be corrected by proposed amendment 20.3.2 d) Changed conditbns, If any, which make an amendment reasonaby necessary to promote health, safety, and the public welfare. 20.3.2 e) Manner In which proposed amendment will any out the purpose and Intent of the Orange County Comprehensive Plan. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED TO PLANNING BOARD FINDINGS SUPPORT FINDINGS FINDINGS _X_Yes No Site plan submitted at scale Yes No of 1 "= 40' _X_Yes No Legal Description submitted from Orange Yes No County Registry Book 905 Page 462. NA Not applicable Yes No - NA Not applicable Yes No No changed conditions were cited. _X_Yes No The property Iles within the bounds Yes No of an Agricultural-Residential area designated in the Land Use Element of the Comprehensive Plan. r-r ~1 2 C ~-. (X~ Ordinance Requirements 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 AS Agricultural Service designation. The criteria for that district are set foNr in Article 4.2.11 and are as follows: (a) The purpose of the AS District is to provide sites in the rural portion of the County for rural non-farm, non-residential uses which support the horticultural, silvacultural, and agricu{coral uses of the AR districts. (b) This district will usually be applied where the following conditions exist: 1. Site is within areas designated by the adopted Comprehensive Plan as Agricultural Residential. 2. Lot size for individual uses would be appropriate to the method of water supply and sewage disposal. 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED TO fIyDINGS SUPPORT FINDINGS X_ Yes No The uses permitted in the AS District support the horticultural, silvacultural, and agricultural uses of the AR District. X_ Yes No The site is located in the AR Agricultural Residential Area designated by the Land Use Element of the Comprehensive Plan _X_ Yes No The area is adequate to accommodate an individual well and septic system. X_ Yes No The proposed zoning lot is 2.03 acres. PLANNING BOARD FINDINGS Yes No Yes No Yes No Yes No ,. .. ~ 1,~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 26. 1998 Action Agenda Item # C? (b ~ SUBJECT: PROPOSED ZONING ATLAS AMENDMENT Z-2-98 Barney Pittman 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 proposed Zoning Atlas amendment in Cedar Grove Township. BACKGROUND: The proposed 10-acre zoning lot is located on the Barney W. and June R. Pittman property (Tax Map No. 2.37..24A). The parcel lies 1060 feet to the east of NC 86N and can be accessed at 3711 NC 86N which is located approximately 3,100 feet north of the intersection with Lake Orange Road (SR 1323) and approximately 3,200 south of the intersection with Bradshear Road (SR 1547). The request is to rezone the entire 10-acre parcel from AR Agricultural-Residential to AS Agricultural Service. The requested rezoning has been initiated to accommodate the establishment of agricultural service uses permitted by the Orange County Zoning Ordinance and to implement the Land Use Element of the adopted Comprehensive Plan which categorizes the property as Agricultural-Residential. In accordance with the Land Use Element, the o ~~,, :.. _ proposed zoning lot is situated within an area zoned as Agricultural- Residential. The site is located near the western limit of the Little River Protected Watershed. The 10-acre parcel contains a 13,000 square foot building constructed in 1990 for Glaxo-Wellcome large animal research. The Firm has since abandoned its operations there. The Pittmans operate the farm on the surrounding 94.5 acres. According to the 1988 site plan, the use would now benon-conforming in terms of impervious surface coverage. The maximum impervious surface permitted for this type of non-residential use in the Little River Protected Watershed is 12 percent of the parcel. Including the footprint of the existing building and surrounding graveled area, impervious surface is 1.25 acres (54,450sf) or 12.5 percent of the 10-acre (435,600sf) proposed zoning lot. Zoning and Watershed Regulations became effective in for Little River Township on January 1, 1994. The existing development of the 10-acre parcel was probably non-conforming at the time of adoption. The maximum amount of land zoned AS at any location normally shall not exceed ten acres. All surrounding properties lie within Orange County's jurisdiction and are zoned AR Agricultural-Residential. The intent of AS zoning is to provide sites in rural areas for rural non- farm, non-residential uses which support horticultural, silvicultural, and agricultural purposes of AR districts. Application criteria in Article 4.2.24 state that this district will usually be employed where the following conditions exist: 1. The site is within an area designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential. (No change in the Comprehensive Plan is required.) 2. The lot size for individual uses would be appropriate to water supply and sewage disposal. 3. Normally, the maximum amount of land zoned Agricultural Service would be no more than ten acres. The Land Use Element of the Comprehensive Plan shows the Pittman property as Agricultural-Residential. This category pertains to rural areas where prevailing activities (agriculture, forestry) are related to the land in an appropriate location for the continuation of these uses. .. . , 021 ~. .. Therefore, the proposed rezoning to AS would be consistent with the Comprehensive Plan. For any proposed development of the subject property, the following requirements apply: 1. The front building setback must be 50 feet; 2. The side and rear building setbacks must be 20 feet; 3. The maximum impervious surface shall be no more than 12 percent, including all structure "footprints," paved and graveled driveways, aprons, and all compacted outside storage areas; and 4. A 75- to 100-foot Land Use Buffer adjacent to residential uses is required, depending upon the use proposed. Comments have been received from the Fire Marshal, 911, and the Sheriff stating that the uses permitted in an AS zoning district at this location can be served. The application for the rezoning of the tract from AR to AS has been reviewed by Planning Staff. Findings required by Article 20.3 follow: 1. There was no error made with respect to the property when zoning was adopted for Cedar Grove Township on January 1, 1994. 2. The property was zoned AR on January 1. 1994, in accordance with the Comprehensive Plan. 3. Rezoning the property to AS would be compatible with the stipulations set forth for the Agricultural-Residential plan category given in the Comprehensive Plan. The Plan would nQt need to be amended to accommodate AS zoning. 4. Seventeen uses are permitted by right in the AS Zoning District. Three 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. Lists of AS uses are given oz~ ,~ .~ in the General Information Memorandum to the Board of County Commissioners and the Planning Board of April 16, 1998, which is attached. RECOM1vIENDATIONS: The Zoning Officer recommends approval of the rezoning based on attached findings. No decision on the application is made by either the Planning Board or Board of County 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 amendments be referred to the Planning Board for recommendations to be returned no sooner than August 18, 1998. ORANGE COUNTY, NORTH CAROLINA ~~~ s~ ~~ APPLICATION FOR CHANGE OF ZONING DISTRICT Date : = 3/.~G~9~' TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas Orange County as hereinafter requested. 1. The property is located on the ( Street/Road) S.R.# It is known as L Orange C9~~y~Tax Map - of /~ feet and a depth square feet or ~_ El99T side of S.R.p ~~~ between R.# an it(s) o~~~. Block - a• 3~ , o Township. It has a frontag of feet, end contain -acres. 2. It is des r d and requested th~ ,the foregoing property be rezone from to _ ~.~ ,I . 3.- Tha ..foLLowing information has bean -attached .in__ support of th application for changing the Zoning Atlas (* - required on al . applications]. •a. A Tully dtwansionad ^sp at a sects of not less than one (1) lnoh _ equals ons-hundred I100I test nor ^ora then ons (1I inch equate twenty (20~ fast""show/ng••-the lend whteh 1a proposed to ba rezoned. •b. A legal description of the land praposad to be rszonsd. •e. A ststswsnt of Justitlcation addressing one or more of the following: (1I The alleged error 1n the 2ontng Ordinsnes, it any, wh/eh would ba eorrsetsd by the proposed aaandmsnt with a detailed explanation of such error in the Zoning Atlas end dstsilad reasons how the proposed awsndwant will correct the error. (2) Ths changed or changing conditions, 1t any, in the eras or in the County gansrslly, which ^aka the proposed swandsant rsuonsbly nscas,asry to the prowo:ion of the public health, safety end general welters. •(3j Ths wanner 1n which the proposed usndunt will esrry aut the lntsnt end purpose of the adopted Land Uss Plsn or part ', thereof. •(4j All other elreuwstsneas, tec:ora end reasons whicA :ha applteant otters in -support of the proposed ewsndwent lneludtng, but not liwltad to, docuwsntation trove asrvtea ^gsncisa (a.g. t1rs, polies, raaeus and utititlss sgsnelesl aaauring asrr/oss prov/s/on eapabtltty to the dsralopwsnt. d. A list of stl indlridwlt, tirwa or eorparattona owning property _ _ adJolntng or w/th/n ttve hundred ISDOI tsaL of the property sought for rezoning is attached. The ltat /• ourrant as of (Oats) - I certify that alt information furnished in this application is accurate ~o the best of m knowledge. • Spplicant(s] : l~~i j'4~~IJ~76 ~~5~3T~ address: 1 Q- 'hone• REZONING REQUEST C}~ECKLIST C ~: OWNERS NAPtE ®/~Qif/f~ A~it/d S1MrE ~~//f~ ADDRESS 37fI ~C ~l0/1I hF.7lt. Bn6!'1615~ G ~ ?a ye Current zonin -Total number of acres /Q Current land use f/(y/2/Lt.~CT~ t Type of rezoning requested ~/~ Proposed land use ?~!c[t~dTd~L° C~ /9LTC.P~tJ~¢j7/E ~79~~ 1 Tax map U „? 3 7 Block ~ v?~Number of lots ~ Proposed IJater Supply: Public Community Individual ~' Proposed Sewage Treatment: Public Access onto state road p d G /U Community i Individual septic tank I~ Average daily traffic count on the state road Describe existing critical areas: Flood prone areas /T/~7U~ Poorly drained areas ~~jl/~ Streams- J?/!~~ Other sensitive areas /l~l~~`~ Describe land uses in; General Area ~(tTIG/If ~f~/P /G Adjacent parcels of land- ~.3',. ~~ 1 ~ /.~/ ~'~lpx ~/o2l Y ,' Barney Pittman ~~ ~ 3711 NC 86N •r ~ Hillsborough, NC 27278 (919) 732-278-1 March 26, 1998 Board of County Commissioners Orange County, North Carolina RE: Rezoning of 10 acres, Taa Lot Number 2.37..24A Dear Commissioners: I am submitting this letter and the attached documents to support the rezoning request for a parcel of land that I own. A 13,000 SF building was built on this 10 acre portion of land in 1989. This building was built, leased and used by Glaxo for animal research. Glaxo has since vacated the building and removed all of their equipment. Since the construction of this building, zoning requirements have changed, making it necessary for me to have the property rezoned from A/R to A/S in order to use the building for other purposes. Accordingly, I am submitting this rezoning request for your review and approval. The building is astate-of-the-art animal facility. It complies with all state and federal regulations for the boarding and treatment of animals. Upon approval by the Board of County Commissioners, I want to use the building for boarding and veterinarian treatment and research, which would improve the well-being of animals. I am requesting the rezoning of the 10 acres on which the building is constructed. My purpose in doing this is to facilitate the potential future expansion of the building and imperious surfaces required to support the care of the animals. This is necessary since the property is located in the Little River Water Shed, which has a 12% restriction for the construction of any imperious surfaces. During the past couple of months, an associate of mine, Richard Crag, has met with many members of the community and county agencies that may have an interest in the use of the facility and property. Specifically, Richard and I have met with Agricultural Extension (crops, animals and preservation), Animal Control, Orange County High School and FFA and 4H Directors. We have had both formal and informal meetings to solicit potential needs and recommendations that will benefit both the county and agricultural commutity. These meetings are on going, and the next meeting is scheduled for Apri18, 1998 at 3pm at my facility. The use of the building and property will be phased over a period of time. Initially, I am submitting documents to secure a Class II Kennel License. The building will be appropriately equipped and all necessary data control systems will be installed. ~v~s ~ Y i { After we have the facility readied and have experience in its operation in the handling and boarding of animals, we will evaluate the needs for veterinarian medicine. The next phase after the establishment of a veterinarian hospital would be to evaluate areas of animal research that can improve the well being of animals, as well as support the county efforts in animal research and be of benefit to the agricultural community. This is an exciting project that has gained the interest of our community. We will continue to solicit the comments and recommendations of all interested parties. I welcome the opportunity to meet with each of you individually, or as a group, to further discuss this phased project. I will keep you informed as developments occur during your review process. I hope you agree that the rezoning of this property will provide unique opportunities for the community, agriculture and the improved well being of animals. Thank you for your consideration and comments regarding this project Sincerely yours, Barney ittman Attachments i ~ ~+ . Z-2-98 6ARNEY PITTMAN REZONING REQUEST Scale 1" = 4,000 N~R ~~27 ,~N OOb = «6 aI~~S 1S3flb3a JNINOZ321 NdWllld J13N21~d8 86-Z-Z ~~- Otf bl'l dl~~~ ~b 05 'b 6 bZ vru+,~ 6£1 B ~~d L9'OEI ~ ~ IZ~I 1 /J 11 Zs ,t ~~~ _. ~ Qz€o \ . •66 `~ ' • 7Z ecb ~ 8£ 1 ~~ . z I Z ~NO I f1"~ \ 91 Z " ~1N \ \ ~~ ====y _M/a_,oi=== I I . II. I~ I~ ., I ~- I ~r :~ ~N OOZ = «~ aI~~S 1S3f1O32! JNINOZ321 NbWllld J13N21t18 86-Z-Z iZ"L£Z I"LL fL£ ~d 8£Z 84 NdWllid H w N D I~ lI ~~~ lz••cz•z ru .~ to -v I M ,e+,s~.ce ~ ~~ ~~ 8L'Lt£ • x,65 ~ 3 .9C,9CS0 N ~CO• ~ ~S(tOHNIbV~ 1,~,s S 9Z£ ~d f5L 84 il3d 1N3N13S113 SS3tlJ3?l dNY SS32p3'SS32gNl JNLLSIX3 .~~•' ~~,, _•~~ - ' .i ~` ~~ lA" ~.7 ---~:~~,ti ~1 ~Il~t~' ~l ~~,~ ~~ 4]9iN /ice{/~ ~~ ~~ i A I &I Ir II ~I A~ U.3~_i . ,r ~ 't ~, t, ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 t~~~~I N Ir r` Y' 9 ~~~ L,1 ~~.~~ MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: APRIL 16, 1998 SUBJECT: Z-2-98 BARNEY W. PITTMAN REZONING REQUEST Public Hearing Scheduled for May 26, 1998 APPLICANT: Gamey W. Pittman OWNER: Barney W. and June R. Pittman 3711 NC 86N Hillsborough, NC 27278 LOCATION: 3711 NC 86N (Tax Map Nos. 2.37..24A) PROPERTY SIZE: 104.5 acres PROPOSED ZONING LOT: 10 acres EXISTING LAND USE: 13,000sf animal research building SURROUNDING LAND USE IN GENERAL AREA: Agriculture, Residential NORTH -Pasture, wooded WEST - NC Highway 86, pasture, wooded SOUTH - Church, residences, pasture, wooded EAST - wooded COMPREHENSNE PLAN LAND USE DESIGNATION: Agricultural-Residential EXISTING ZONING: AR Agricultural-Residential () 3 ! PROPOSED ZONING: AS Agricultural Service ' ~) ,3 ~:, ,~ ~, MEMORANDUM TO: Orange County Planning Board DATE: April 16, 1998 PAGE: Two The following statement of intent and application criteria is quoted from the Orange County Zoning Ordinance, as amended. AGRICULTURAL SERVICES DEFINITION Agricultural Services -Commercial activities offering goods and services which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide •services, retail sales of farm/garden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting halls, storage and processing plants for agricultural products including wineries and canneries. AS AGRICULTURAL SERVICE DISTRICT Intent and application criteria of the AS Agricultural Service Zoning District as given in Article 4.2.24 of the Orange County Zoning Ordinance. The purpose of the AS Agricultural Service District is to provide sites in the rural portion of the County for rural non-farm, non-residential uses which support the horticultural, silvacultural, and agricultural uses of the AR Agricultural-Residential districts. The AS district is usually applied where the following conditions exist: 1. The site is within areas designated by the adopted Land Use Element of the Comprehensive Ptan as Agricultural-Residential; 2. Lot sizes for individual uses are appropriate to the method of water supply and sewage disposal; and 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. Permitted Uses (Section 4.3 Table of Permitted Uses) , Accessory Uses P2 Botanical Gardens 8 Arboretums P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police 8~ Fire Stations) Rescue Squads, Volunteer Fire Departments P17C Stealth Telecommunication Towers - 75 Feet or Shorter (Must meet requirements of Article 6.18.) P25 Water and Sanitary Sewer Pumping Stations S2 Agricultural Service Uses S3 Animal Hospitals, Veterinarians S10 Farm Equipment and Sales S11 Feed, Seed, Storage and Processing S13 Greenhouses (No On-premises Sates) S14 Greenhouses (On-premises Sales) S18 Commercial Feeder Operation 03:3 t •• e MEMORANDUM TO: Orange County Planning Board DATE: April 16, 1998 PAGE: Three S19A Class I Kennels S48 Sawmills S49 Stockyards S50 Storage of Goods, Outdoor The following uses are allowed with a Class A Special Use Permit (Section 4.3 Permitted Uses): P11 Land Fills (Two acres or more) P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants P17B Telecommunication Towers - 200 Feet or Taller The following uses are allowed with a Class B Special Use Permit (Section 4.3 Permitted Uses1: P12 Land Fills (Less than Two Acres) P17 Elevated Water Storage Tanks P17A Telecommunication Towers -199 Feet or Shorter P22 Transmission Lines S20 Cass II Kennels, Riding Stables 03-~ CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT ,. ., 1, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On or about May 8, 1998, I sent by Certified Mail, postage prepaid, a Notice of the Public Hearing to be held on Tuesday, May 26, 1998, at 7:30 pm at the New County Courthouse at 106 Margaret Street in Hillsborough, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against Zoning Atlas Amendment Z-2-98 requested by the Barney Pittman to rezone their his 10-acre property at 371 i NC 86 N (Tax Map No. 2.37..24A). The notice was sent to 12 property owners who hold title to 14 parcels lying within 500 feet of the Pittman property. A list of these is attached. '• James R. Hinkley, Zoning Officer 4'EVg4'~ ._ TAIq} o.~ _ ~~~~~•. ATTEST: ~ ~ ~ Gf,tit.1~ K y Evans q _ ~~_ 2~~ ~c~it t Notary ~ !~ ice: (~ ~1,3,~ ' ~ Pittman Rezoning Request Adjacant Parcels of Land From Central Land Records Office as of 02-25-9$ Map-Block-Lot Pin Owner Legal DescripHoa See 2.37..2 9867481121 Dickey Joe I E1S HWY N P79/148 AI44.56 c% Kathleen Oakly 5620 US 70 Mebane, NC 27302 2.37..11 9867661126 Woods Joseph H eta! & W!S SR 1001 P55/94 A163.59 Robert H Woods HRS 3320 Laws Store Rd Hurdle Mills, NC 27541 2.37..13 9867351487 Dickey Clyde Egbert E/S HWY 86 A45.07 4305 NC 86N Hillsborough, NC 27278 2.37..13C 9867252981 Dickey Clyde E Jr 8c #A Clyde E Dickey Jr A0.96 Karen D P56/123 4319 NC 86N Hillsborough, NC 27278 2.37..17 986726!292 Thompson Michael H E/O HWY g6N L1 eta! & Jackie J Parker c% J Parker 4511 NC 86N Hillsborough, NC 27278 2.37.,19 9867262333 Thompson Brnjamin Yarnell HY 86 Mt Lion L 1 8c Anita M SO1 Jericho Rd Hillsborough, NC 27278 2.37..20 9867261399 Hester Donald Edward dt HY 86 Mt Lion L 1 Sandra L Bumphus Kelford La Charlottq NC 28270 2.37..20A 9867262478 Parka Nathan Benjamin dt E/O HWY 86 A2.18 Jackie 1 PSS/190' 4311 HWY 86N HOlsborough. NC 27278 1 03h ~ ~ ~' , G , , Ma Block-Lot Pin Owner L al Descri tion Size 2.37..21 9867169572 Mt Zion A~~fE Church #1 i~lt Zion AME Church HWY 86N ~ P49/65 A1.38 Hillsborough, NC 27278 2.37..21A 9867260320 New Birth in Christ United #2 Mt Zion AME Church Holiness Church P49/65 Al.l4 118 Viola Thompson Rd Hillsborough, NC 27278 2.7..22 9867167357 Rogers Jesse Marvin & W/S HWY 86N L 1 Donna B 4208 HWY 86N Hillsborough, NC 27278 2.37..23 9867167357 Rogers Jesse Marvin Jr & W/S HWY 86N A5 92 Susan Elaine . 4716 HWY 86N Hillsborough, NC 27278 2.37.26 9867172223 Pittman Mark A W/S HWY 86 P61/12 A12.5 125 Deer Ran TRL Hillsborough, NC 27278 2.38..10 9857964882 Ray William C 8t W/S HWY.86N A66.89 Jessie N Ray 5004 NC 86N Hillsborough, NC 27278 2 PLANNING STAFF FINDINGS PERTAINING TO APPLICATION: Z-2-98 BARNEY PITTMAN BASED ON APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20 -SPECIFIC STANDARDS FOR EVALUATION/REZONING ["Yes" = cram ian ; "No" =non-compliancp~ • PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED TO PLANNING BOARD FINDINGS $11PPORT FINDINGS FINDINGS Ordinance Renulrements The applkatlon must comply with aQ requirements speclfkd In Article 20 - a,mepdml:pLi. Those requirements 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 "=100' 1'`100" nor more than 1"=20' 20.3.2 b) Legal descriptbn of _X_Yes No Legal Description submitted from Orange Yes No the.:oning lot County Registry Book i 560 Page 225. 20.3.2 c) Explanation of alleged error, NA Not applicable Yes No If any, to be corrected by proposed amendment 20.3.2 d) Changed conditions, If any, NA Not applicable Yes No which make an amendment reasonably No changed conditions were 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 Yes No amendment will carry out the purpose of an Agricultural-Residential area and Intent of the Orange County designated in the Land Use Element Comprehensive Plan. of the Comprehensive Plan. O :~: PLANNING STAFF Ordinance RenulremenL RECOMMENDED FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS PLANNING BOARD FINDINGS Ordinance Renuirements 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 AS Agricultural Service designation. The criteria for that district are set forth in Article 4.2.11 and are as follows: (a) The purpose of the AS District is to _X_ Yes No The uses permitted in the AS District Yes No provide sites in the rural portion of the support the horticultural, silvacultural, County for rural non-farm, non-residential and agricultural uses of the AR District. uses which support the horticultural, silvacultural, and agricultural uses of the AR districts. (b) This district will usually be applied where the following conditions exist: 1. Site is within areas designated by the adopted _X_ Yes No The site is located in the AR Agricultural Yes No Comprehensive Plan as Agricultural Residential. Residential Area designated by the Land Use Element of the Comprehensive Plan 2. Lot size for individual uses would be _X_ Yes No The area is adequate to accommodate an Yes No appropriate to the method of water supply individual well and septic system. and sewage disposal. 3. Normally, the maximum atnount of land _X_ Yes No The proposed zoning lot is 10 acres. Yes No zoned AS at any location shall not exceed ten acres. 2 G C.J ur.