Loading...
HomeMy WebLinkAboutAgenda - 02-17-1998 - 9cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 17, 1998 Action Agenda Item # Q_~ SUBJECT: Z-7-97 Charlie & Amber L. Chang DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley, X2584 Planning Board Recommended Findings TELEPHONE NUMBERS: Applications and Maps Hillsborough - 732-8181 General Information Memorandum Durham - 688-7331 Public Hearing Minutes Mebane - 227-2031 Letters from Neighbors Chapel Hill - 968-4501 1/7/98 Draft Planning Board Minutes Copy from Hillsborough Transportation Plan PURPOSE: To consider a request to rezone a 3-acre property from AR Agricultural- Residential to I-1 Light Industrial in Hillsborough Township. BACKGROUND: The proposed rezoning entails a parcel owned. by Charlie and Amber L. Chang at 1607 NC 86 North (Tax Map No. 4.3..18), fronting on the east side between Coleman Loop Road North (SR 1334) and Coleman Loop Road South (SR 1332). The Changs have requested that the three-acre parcel, as shown on the attached maps, be rezoned to I-1 Light Industrial in accordance with the Land Use Element of the Comprehensive Plan for Orange County. • Zoning was adopted for Hillsborough Township on September 2, 1981. • The intent of the I-1 Light Industrial Zoning District is to provide appropriate sites for limited industrial uses engaged in manufacturing, processing, creating and assembling of goods, merchandise, and equipment. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by buildings. • The criteria usually applied for I-1 zoning include the following conditions: 1. The lot to be rezoned must lie within an area designated in the Land Use Element of the adopted Comprehensive Plan as a Rural Industrial Activity Node or an Industrial Transition Node. 2. The size of the lot must be appropriate to the method of water supply and sewage disposal. 3. There must be direct vehiculaz access to an arterial or collector street designated by the Transportation Element of the Comprehensive Plan. • Existing land uses surrounding the proposed rezoning aze: North -Wooded in young pines, McBroom Used Caz Sales, residential West -Wooded in mixed hardwoods, Major Business Forms, Inc., grassland South - Residential and Deerfield Farm East -Pasture and wooded land Findings of the Planning Staff review of the rezoning proposal follow: The proposal for rezoning to I-1 supports the intent of the Comprehensive Plan. The property is located in the Rural Industrial Activity Node centered on the intersection of NC 86 North and Coleman Loop Road (South), as delineated in the Land Use Element. The Node has a radius of one-half mile (2,640 feet) centering on the intersection. The rezoning would be compatible with the stipulations set forth in the Land Use Element. 2. The three-acre pazcel is capable of adequately accommodating an individual well and septic system. 3. The property fronts for 198 feet along the east side of US 86 North which is designated as an Arterial Road in the Transportation Element. Daily motor vehicles counts aze 9,000 ADT about 4,000 feet to the south of the property and 7,800 ADT at the Phelps Road intersection 12,000 feet (21/a miles) to the north. A joint public hearing on the zoning request was held by the Board of County Commissioners and the Planning Boazd on November 24, 1997. Commissioner Halkiotis inquired about an azea where a dam is located. The dam is approximately one-half mile southwest of the subject property. The outflow from the two-acre pond flows under Highway 86 and does not affect the parcel proposed for rezoning. The Planning Board Chair and a neighbor of the subject property inquired about the planned use of the property if it were rezoned. Staff stated that any of the uses listed by right, or allowed after receiving a Special Use Permit, in the I-1 zoning district would be possible. The uses are listed in the attached General Information Memorandum. Following the public hearing and prior to the Planning Board meeting, the Planning Department received four letters from neighbors opposing the rezoning request. The letters are attached as new evidence. Concerns expressed in the letters include drainage, traffic, and other potential impacts. No use is proposed at this time. Any future development plans will be reviewed for compliance with all applicable zoning regulations, erosion control and stormwater management standards, as well as requirements of other agencies such as Environmental Health and NCDOT. If grading for a proposed nonresidential use exceeds 40,000 square feet, and Environmental Assessment is required as per the County's Environmental Impact Ordinance. On January 7, 1998, the Planning Board voted unanimously to recommend approval of the rezoning request for the Chang property from AR to I-1, as delineated on an attached map and as per the attached fmdings required by the Zoning Ordinance. The proposal was discussed by the Board of Commissioners on January 20. The public hearing was closed and the item tabled for the Board to receive additional information on the following questions: 1. Where is the proposed connector road between St. Mary's Road and Highway 86 in relation to the subject property ? Refer to the attached map copied from the 1997 Hillsborough Transportation Plan for a possible alignment of the Western Bypass/Northside Drive. The proposed road is not within Hillsborough's planning jurisdiction. It is shown in the Transportation Element of the Orange County Comprehensive Plan. Both Plans indicate the connector road being aligned with the southern intersection of Coleman Loop Road (SR 1332) and NC Highway 86 North. Final alignment will be determined after NCDOT studies constraints for road construction in that area. The site of the proposed rezoning is approximately 700 feet north of that intersection. 2. How much of the Rural Industrial Activity Node is zoned industrial ? 4 The Rural Industrial Node is contained within cone-half mile (2640 feet) radius extending from the center of the southern intersection of Coleman Loop and NC Highway 86 and encompasses 502.6 acres. Currently 29.01 acres or 5.77 percent of the node is zoned I-1 or PD-I-1. If the proposed rezoning is approved, the percentage will increase to 6.36. Within the Rural Industrial Node, the Zoning Ordinance does not limit the amount of land which may be zoned light industrial. 3. Where are the nearest water and sewer lines ? Public water service from the Town of Hillsborough is located 0.7 mile south of the subject property on the west side of NC 86 at Rocky Lane. The owners of Major Business Forms extended a private water line from that point to serve their facility. Sewer service from the Town of Hillsborough currently ends at the intersection of NC 86 and Highway 57 and is proposed to be extended north in the next two years. RECOMMENDATION: The Administration recommends that the Board of Commissioners approve the proposed Zoning Atlas amendment as per the Planning Board recommendation. PLANNING BOARD AND BOARD OF COMMISSIONERS FINDINGS PERTAINING TO APPLICATION: Z-7-97 CHARLIE AND AMBER L CHANG BASED ON APPLICATION MATERIALS SUBMITTED, THE PLANNING BOARD RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20 -SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" =compliance "No" =non-compliance) PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED TO COMMISSIONERS FINDINGS SUPPORT FINDINGS FINDINGS Ordinance Reaulrem~ The application must comply with afl requirements spedfled In ANck 20 - Ame_ ndmencs, Those requlremen[s includeInclude: 20.3.2 a) Map showing affected property at scale of not less than X Yes No - - Site plan submitted at scale Yer No 1'=100" nor more than 1 "=20' of I"=102' from Orange County Central Land Records/GIS Office 20.3.2 b) Legal description of the zoning lot X_Yes No Legal Description submitted from Orange Yes No County Registry Book 1431 /Page 120. 20.3.2 c) Explanation of alleged error, If any, to be corrected by proposed NA Noc applicable Yes No amendment 20.3.2 d) Changed conditions, If any, which make an amendment reasonably NA Not applicable Yes No necessary to promote health, safety, No changed conditions were cited. and the public welfare. 20.3.2 e) Manner In which proposed amendment wiU carry out the purpose X Yes No - - The property Iles within the bounds Yes No . and Intent of the Orange County of a Rural Induscrlal Activity Node Comprehensive Plan. designated In the Land Use Element of the Comprehensive Plan. ARTICLE 4 -DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA Ordinance $, ul~rementt PLANNING BOARD RECOMMENDED FINDINGS EYtDENCE SUBMITTED TO SUPPORT FINDINGS Ankle 4.21dentlfles the criteria whkh will normally be used w determine the applicatbn of a zoning distrkt desigrutlon. The zoning applied for Is the 1.1 Light Industrial designation. The criteria for this district are set forth In Ardcle 4.2.21 and are as follows: a) The Intent of the I.1 DIsMa is to provide appropriately located and sized sites for limited Industrial uses engaged In manufacturing, processing, creating and assembling of goods, merchandise, and equipment. Perfomunce standards will be used to Insure the absence of adverse Impacts beyond the Immediate space occupied by the building. X Yes No The use of the property Is limited to indusWai uses permitted In the l- l District. b) The district will usually be applied where the following conditions exist. I .The site Lt located within areas designated in Land Use Element of the adopted Comprehensive Pian as either an industrial Transition Node or a Rural Industrial Activity Node. _X_Yes No The property is located in a Rural Industrial Activity Node in Hillsborough Township. 2. Lot'size for Individual uses shall be appropriate to the method of water supply and sewage disposal. 3. Access ~ would consist of direct vehkular access to street designated either as an arterial or collector by the Transportation Element of the adopted Comprehensive Plan. _X_ Yes No The proposed size of the zoning lot contains 3.0 acres. The area is deemed adequate w accommodate an individual well and septic system. X_ Yes No Access Is along a 198' frontage on the east side of NC 86 North which It designated as an arterial In the Transportation Element of the Comprehensive Pian. BOARD OF COMMISSIONERS FINDINGS Yes No Yes No Yes No Yes No rn Arr~-~„ i"=GN FOR CH:.NGE OF ZGNING ~~_STR_CT TO TH E BOARO OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA 7 Date: - 28'-~ The undersigned do hereby make appCica,, ~ change the Zoning Atlas o` Orange County as hereinafter requested. ~itSf" 7. .Z~ie pro erty is located on th -• sid ~ ~ e of S.R *_ N~(~ 6 ~ Street/Road) between ~ R.~ / S.A.# i 3? It is kno n w s ot(s) ~ Block ~' of _, Orange County Tax Mep 3 ' ownship. It has a of frontage feet and a dS~th f _~6a feet, end contains square feet or 7 acres. 2. It is desired and requested that the foregoing property be rezoned from __ ,Q/~ to .~ Y. . •3~.- The •.folL.owing. information has been _attached ..in support of the appCication for changing the Zoning Atlas (~ - required on all applications). . . ~ •a. A fully dlaenelonad•sap at . seals at not lass than on• (t.1 loch .• •quala one-hundred (tQOI fast nor ^o r• than one (1) loch equals - twenty (ZQ'1 'taet"ahorilrq'•~tha land -which 1a proposed to be rezoned. / v ' b. A lapel description of she land proposed to b. rezoned. 'e. A atataaant of Juat/tteatlon addressing one or ears of th• • tolCosfnp: (1) Th• alleged error in the 2onlnq Ordlnenea, it any, rhteh would ba'eorraetad by the propoaad saandsant rtth a datsiled •• explanatton of •ueh error 1n the 2oning Atle• end datalled rassona has the propoaad esendaent rill correct the error. (2J Th• chingad or changing eondttlons, tf any, to the eyes or to the Couns7 ganaraltr, which ^ak• the propoaad aaandaent ressonsblr necessary so she prosotion at she publte heslsh, safety and ganersl saltare. '(3J The •anner in wAieh the propoaad •aendaent •tll carry ous the /nsant and purpose of the adopted Land Ua• PLan or part thereat. , r(~J Alt other efreuassanees. factors and reasena shieA the spplteans otters to support of tA• propoaad aaandaans including. bus nos ltatead to, doeuasetatten tro• aerrle• agaaelee Ia.q. ttra, police, rescue end usilittas agsnalasJ •aauring •arvtees prorlaton aspabiltsy sa the derelapaent. d. A Liss sP •tt individuate, tlrss er cerperssten• osalsg preparsy •djeisleg or sisbin H ve hundred (?001 teat et sbe proRerey s'e~ugAS ter r zoning to sttaciiad. Th. ttat t• aarrent as at •(Oass ~I certify that aLC in to~tastion ftit•nished in to the best of ^y knowledge. • . ,~ . ~ LZ~I Lid Applicentts): __. Address- c O Phan ®•: this tppLiestion is sceurate ~~~~~~ 7 .. REZONING REQUEST CIIECKI.IST tN~fNGR~ S NAl11+ ~8~~ f.,IN ~~ ADARESS 7 •T~' O Curront sonins i'1 Total number of acres ~ Current land use y[~~~. Type of reaoning requested ~"~~~(JS~~I~,t, Proposed land use Tax map /~„_alock / «~--~ Number of lots Proposed IJater Supply: Pub11c Community Individual /r Proposed Sewage Treatment: Public Communlty Individual septic tank ~/~ AeCSSS onto stets road ~ ,~V~ Averase daily traffic count on the state road ~ escrlbe existing critical areas: Flood prone areas ~ Poorly drained areas Nr~Q Streaa~s ,~N Other senaitlve areas 'V ~ __ _ T Qeacrlbe lsnd uses in: General Area ~- ~ t }~hy~.1ViL'n q Nq ~ A'rak3r~ar- r )c ~ : t Qs s~'f'h ~~4rtic ~onecQ .~--1 t'+ c,t Ad~scent parcels of land r Fib N (~l v 00 9 - ~ Z-7-97 CHARLIE & AMBER L. CHANG REZONING REQUEST Scale 1" = 4,000' N~T 10 _. _, s 15.647AC. .7491 . .. .......... r _ - Z-7-97 CHARLIE & AMBER L.~CHANG REZONING REQUEST Scale 1" = 400' N~R 11 ;` i i i ~~ 0) PROPERTY MAP This map contains psresls propu+ed for the inventory of roal property within Orange County, and is compiled from recorded deedr, plats, and other public rnconis and data. Ussa of this msp ars hsroby notified that the aforomentioned public primary information soun:ss should be consulted for verification of the information contained on this map Ths County and its mapping companies asaime no Isgal rosponsibitky for the information cantainad an this msp DATE 24 Jul 97 09:07:2$ Thursday Prepared BY Orange County Central Land Reconis/GIS Office Z-7-g7 CHARLIE & AMBER L. CHANG Tax Map. No. 4.3..18 PIN 9865-79-2372 REZONING REQUEST Scale 1" =102' N~ r 12 ORANGE COUNTY PLANNIiYG DEPARTMENT 3fl6F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 ...1. N L ~ •, v ~ n INFORMATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: SEPTEMBER 16, 1997 SUBJECT: Z-T-97 CHARLIE AND AMBER L. CHANG S,z,ENERAt INFORMATION APPLICANT: OWNER: tOCAT10N: PROPERTY SIZE: PROPOSED ZONING LOT: EXISTING LAND USE: Charlie and Amber L. Chang Charlie and Amber L Chang 3309 Orange Grove Road Hillsborough, NC 27278 1607 NC 86 North (Tax Map No. 4.3..18) 3 acres 3 acres Vacant dwelling, four sheds, front portion of property enclosed with a gated Chainlink fence. SURROUNDING LAND USE: NORTH -Young pines, McBroom Auto Sales, residential WEST -Mixed hardwoods, Majar Business Forms. Inc.. grassland SOUTH - ResidentNal and Oeerwood Farm EAST -Wooded and pasture .. COMPREHENSNE PLAN LAND USE DESIGNATION: Rural lndustriai Activity Node DUSTING 20NING: AR AgricutturahResidentia! - _- - ~NfORMATION MEMORANDUM 13 T0: Hoard of County Commissioners Planning Board DATE: September 16, 1997 PAGE: Two PROPOSED ZONING: I-1 Light Industrial The following statements on intent and application criteria are quoted from the Orange County Zoning Ordinance, as amended. 4.2.21 Liaht Industrial-I 11-1) District a) Intent The intent of the Light Industrial-1 (1-1) District is to provide appropriately located and sized sites for limited industrial uses engaged in manufacturing, processing, creating and assembling goods, merchandise or equipment Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. b) A~pplicatlon Criteria This district will usually be applied where the following conditions exist: 1. Site is located within areas designated in the adopted Comprehensive Plan either as Industrial Transition Activity Node or a Rural Industrial Activity Node. ' 2. Lot size f~Or individual uses shalt be appropriate to the method of water supply and sewage disposal. 3. Access would consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan. Access to rail service is desirable but not required. PERMITTED USES 1N THE 1-1 LIGHT INDUSTRIAL ZONING DISTRfCT: Accessory Uses M1 Manufacturing and processing operations where no adverse impacts occur beyond the immediate space occupied by the building PZ Botanical gardens and arboretums - P4 Bus passenger shelter P5 Bus tem~nals and garages P7 Chu:dt P10 Governmental Protective Services (polka and fire statbns) rescue squads. volunteer fire departrnenb P14 Parks public and non-prnf~ •. P24 Gavemmenb! faaGtles and office bindings P25 Water and sanitary sewer pumping sbtions S18 Commercial feeder operatfort S23 Mobr freight terminals S25 Motor vehicle sales rental (new and used) r 14 INFORMATION MEMORANDUM : T0: Board of County Commissioners Planning Board DATE: September 16, 1997 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 S29 Offices and personal services that generate medium traffic volumes and have no adverse impacts belong the lot boundaries S31 Petroleum products: storage and distribution S33 Printing and lithography S35 Recreational facilities (profit/nan-profit): golf club and golf club country ctub S36 Recreational facilities (profit)) S38 Research facility S50 Storage of goods, outdoor S51 Storage or warehousing: inside building S5fa Studio (Art) S53 Wholesales sales S55 Assembly and packaging operations including mail order houses, but excluding on- ' premises retail outlets S56 Crematoria S57 Gotf driving and practice ranges The following uses are allowed with a Class A Special Use Permit: P1 Airport, general aviation, Heliports, STOL P9 Extraction of earth products P11 Landfills (two acres or more) P16 Public utility stations and sub-stations, switching stations. telephone exchanges, water and sewer treatment plants S19 Junlryards The following uses are allowed with a Class 8 Special Use Permit P12 Landfills (less than 2 acres) P1T Radb and television transmitting and receiving towers and elevated water storage tanks P22 Transmission lines ' S34 Recrratronal facilites (Wort-profit) - . , . ~ r+z ~cr, ~„c~+ .re proposes aesign noes not meet alt of the criteria specified in the ~ ~ 5 Oesign Manual, a Special Use 2 Permit must tk olxained. The proposed design meets ap of file requirements except the requirement far a t ~ foal 3 butler around the parfmster of the building and the requirement that parking areas be Located to the rt:ar of the 4 building. The appiiants are ra}uestirtg a waiver of these two requirements. One of the rcasorts for this request is 3 that the septic field is being naquir+ed to be located at the comer. Also, if the twildirtg is located at the comer. the 6 applicant indiatss that an unsafe traffic movement would be created through the drive-through to exit on Old Chapel T Hill-Hillsborough Road. The ttafFrc going out would cross the traffic canting in. Fnaily, pedestrians would have to 8 Cross the driv~ittrargh traffic to enter the rxedit union if pattcing is totaled behind the twilling. 9 0 QUESTION8 ANOJCR COMMENTB FROM THE BOARD OF COMM13SlONERS 1 Commissioner Gordon requested information regarding the cost of running ttte sewer line to the proposed 2 facility as compared to the aost of ittstaliing a septic system. 3 4 Eddie Kuft ~cated that he would provide InforrnaGon on the cost of running the sewer to the fa«tity. He will 3 also report on whether the nearby apartments have city sewer. FinaNy, he will present irtfonnatbn about v~ttether 6 Hillsborough intends to run additional sewer Gnes in this area. T 6 Commissioner Halkrotis asked what the Town of Hillsborough is doing to facilitate file exlension of sewer 9 setvke to this area. He asked >f titers is a plan. Q 1 Eddie Kait irtdic~ted that he would worfc with Hillsborough and present a repoK to the Board of 2 Commissbners regardttq tttelr Tong range plan for exterrding sewer to this area. 3 4 QUESTIONS ANOlOR COMMENTS FROM THE PLANNING BOARO MEMf3t:Rs 5 Karon Barrows asked wftich parking areas do not meet the Economic Oevebpment District requirertterrts. 6 T Eddls fGrk inflated that none of the parking would meat file roquirsments of the Design Manual. 8 8 QIJE3TiONS ANOIOR COMMEMfs FROM CITIZENS 0 Barry Jaoobs, a neartty residerrt. feh that this was a good projeQ however. he has conoems about using this 1 peAlatlar sits. He felt that this could very wolf have an adverse effect on the contiguous property. He meMioneO Z that Hillsborough atrosdy has a problem with uncontroAed acoer..s to major highways. Fie also felt mat a right cum 3 lane should bt roquined if this project is approved. 4 3 A motion wee made by Commissbrter Car'sy, seconded by Commissbner Halktotis W retac this Item to 6 ttte FManntng Board for a rtcomrr~endation to be retuned to the Board of Commissioners no sooner than January 20, T 1998. 8 VOTE UNANIMOUS 9 tstarnting Board member Karon Barrows Chairt:d ttte remaining items. 0 2 Zoning Atlas MMendntent 1 a) Z 7-9'7 Charfie and Mtber Chang 2 This heat wss procreated by Manner Mary 1Af011s fn orser to receive citizen oornrnertt on a rsqusd to 3 amend file Zorrirtp Atlas. The proposed reaonirrg is for a parcel owned Dy Charlie and Amber L Chenp at 1601 NC 4 >~ NoM (rax Map No. 4.3..18), ftortllttp on the east side Oetween Coleman Loop Road North (SR 1334) and 8 Coleman Loop read Soutft (SFt 1333). Exiatirtg zoNng is AR AQrtcuaurat-Resiaenael: f?topasad zonMV is t.1 ughc 6 lndustria! in aaadenoa wdh the t,and Use Element of the Camprehen~ive Pten for Orartpe Caunttr. 7 a OUESTNONS ANWOR COMMENTS FROM THE BOARD Of COfN1Nts310NEA8 B In response to a questbn from Commissioner liatklotis, AAs. Willis desrllbed the area whets the dam is 0 bcateil. 1 2 cuE.sroNi ANOV~OR CoMiMFxrs FROM THE PfJWfyfNG BOARD ME>NetFRs 3 Plartninp lGoaid Chair Barrows asked about the planned uses for this property. 4 a Mary wale Indicates tftat efts did not lutCw the artcrwer to that Question. she pointed out that tttay ao not ask Q about spe+dfic uses Danraae a!f psnrtltted raCS noes eo Ix oortsiCerad durirq a resoniri0 request. 7 a a<J!'S770NS MICIOR Ct?MMfiiNT3 FROM 2 J 9 Mr. Morrison indicated that he ovens a lot read to Nis txoperty and is twildirtg a home on the lot. He asked for 2 information regarding what would actualry be dons vritlt Nis parcel. 16 3 4 Mary Wlnls Indicated that the possible uses art listed in the packet on pages 50 and 31. Same of those uses S are tight industrial. IigM manufacturing and a number of commercial uses. 6 T A motion was made by Commissioner Gordon, seconded try Commissioner Halkiotis, to refer this item to the 8 Planning Board for a rocommendation to be r8tumed to the Board of Commissioners no sooner than February 3 9 199x. 0 VOTE: UNANIMOUS 1 Z 3. Zoning Ordinatyu Text Artrendments 3 a) Garden Center 4 This Keen was prosented by Planner Emily Cameron for the purpose of receiving citizen comment on 5 poposed amendments to the Zoning Ordinance to create a new Land use category calved 'Garden Center with fi appropriate standards ~ indudvd In Article t3 and a definition of the use to AKlde ?.Z, pn September 30, the 7 Plaannirtg Depatttnent received a citizen s request to amend the Zoning Ordinance to create a new tend use category 8 called'parden center.' Garden canter is a type of tttaii use providing landscaping supplies primarily for home use. 9 The deflnitiort propossd for Article 2Z Indtds a list of typical producLt to be sold. The proposed amendment to the 0 Pemtided Use Table indicates garden center as a permitted use in aA wmmerciat zoning distr~ts as well as in the 1 Agriarltural Service District. Therefore, the use vwukt be sut~ject to Planning Department rEView and approval of a Z site qsn before zoning and buitdirp permits maybe issued. Standards for operations arc proposed for Article 6.1ti 3 whidr ILst additional r+equiremertts for certain permitted uses. The suggested starxlards speciry that outdoor storage 4 and display Of goods are permitted and limit the area allowed for outdoor storage of bulk materials suds as sand. 5 ropsoii, mutdt. etc. 8 7 Mr. Grrp Shepherd, of Phillip Poet E Assocates, indicated that he represents a client who wants to put a 8 garden enter at the torattion. Upon examination of the Zonirq Ortiinanx he discovered that the two closest use t snagwere either grosMouse or r+atail sales. Fie found that a Garden Center does not fit either ptegary. Thy present this proposal to be considered countywide. Then arEated this proposal themselves with help from the Pianninp stag. IHe mentioned that outside storage rwuid be allowed and vv~ould be looted to the rear or side 2 of the DuilOirp and would be screened Dy an a' foot fence. The amount of square footage for the outdoor storage 3 would also be limited to 16.000 square feet per acre. 4 5 CtJEST10NS AND/OR COMMENTS FROM 7NE BOARO OF COMMISSIONERS Q None. T 8 QUESTIONS AND/OR COMMENTS F1tOM THE PLANNING BOARD MEMBERS 9 None. 0 1 QUEST10N8 ANWOR PONgIAENTS FROM CITIZENt3 ' 2 Hasid Newton stated tI>wt he owns a Garden Center in this general ores and would like to move a portion of 3 his busatess to this nor location. hie wants to dlspay plants. topsoil, firewood and pumpkins. TMs property is S armentty zoned Local Commerdal (LGj which does not albw outside products to be displayed. 6 A motion was made by Commissioner Carey, seconded by Commission Halkiotis, to rofer this item to the 7 PlaroUnp Board fbr a bo Orf returned to the Board of Camnnssioners no soonerthan Fetuuary 3. 8 199ts. s vOTE: uNANlMOUB 0 1 b) Wasers>rred Protsctlon overlay Oistrittr Z This iarrr was pr+asertted by Planner Mary Wittis for tM purpose of receiving citizen oontn>ent on a 3 proposed arrtendrnent to the 2ordrq Ordinance. The Zonirq Ordinance amendments rNtictr were adopted by the 4 Board of Commisesionas an Jarfwry 1.19!4 were soon ttreneatter submMted for review and approval by the 5 Emrironmental Manspttment CoRanmioe. The Oivlslon of water Quatdy (DVVG) wta is responsible for ritvieMArq tt+e 1; OfdrniflCES fOr all NC Oorattlies and munidpaltlies within aratef soppy rreturned its aornrrtenes in a !ester t0 7 the County 1iAattagar dated August 1.1997. The folbvvirrp revisions an: repuired in'o filar to obtain Aril compliarsce 8 wifA fife stale mandartx . 9 . t:hrrpe fire wad ~ludpe• m'raaiduar; 3 . -- - - - 17 December 31, 1997 DIRECTED T0: ORANGE COUNTY BOARD OF COMMISSIONERS Concerning rezoning request by Charlie & Amber L. Chang, p owners of property known as Lot#18 Tax Map #3 Hillsborough ~ Township from Agricultural Residential to I-1 Light Indus- trial. I, Carl D. Scott own and live on Lot#17 Tax Map #3 Hills- borough Township, south side of property requesting rezoning. I would like to see this property remain Agricultural Resi- dential. I do not want any industry this close to my front _ door. I'm concerned rezoning would mean increased traffic and noise on an already congested major highway. I am also con- cerned if adjoining property is not well maintained it could adversely affect surrounding properties. I know this is con- sidered a Rural Industrial Activity Node, but please consider this would be several small lots together where people live, with industry in its midst if this land is rezoned. I strongly oppose the rezoning of this property. Carl D. Scott . 1523 NC 86N Hillsborough, N.C. f~ / '~ .`= .~ _-~ is of ~ ~ e~ ~~ ==:~~ 18 ... i z '~ .. .- =..- G r~~ ~ _ ~uLO=,~.~-iY~' -. ` G:.~ 'L~ is-r.,- rz+--~ /~G~..:~G:,,~4 ~ _~ .. ~.. ~~-tc.... c~ . ~1~La,.c.-~~-#-u . i~~-~C.~-G'-. -~.~ti.E, ,,~/~.c~~l~ s.c. . _.... . -- / . . .._.,,vXbG / ~i ~-_. ... rJ L-L--s~-s.... L.~,.. 11--~a.sJ... , _ ~ Gt..~,.)r~ ~C-C_.~..,~,e.~. /~ (i i.~,,,2YS ~ `~ ~ P ~ ~...%_. ... _ _. _ .. l - - ..... Fey ~fi ~''X 3:-~.'~kT~~, LLLLRRRR.'"iiiij /~1 tii~,~i'x1 f~ ~.. ~ ~.~_ 1 r - .: _, - ~ - -" - _ 19 _- -.~ _ - ~ _ __ ~__ .' __. _ -~... _._ - __.-~_ - .. _ t -~ -~ _ --_ ~~ fcJl~cm Z~M_ a,~,~ ~onCPrrf ., _ .._ ---.- r'• ~o ~, , _ . ~ _---_ Qran9e. 't..ou ~ Qora~ o~~Cxnm~ss~onel5 q~.. ~ _ .. ~ n response -~o ~4~e_ p~~\: cr ~.eo~- t ~1 c1 mss ;_ ." ~{1e o`~4 ~'I~Co~temk~as ~qrT enn ~n - n ~ ~ on ~ ~ .~`~ _.. v~ -.;t:: ita~- ~' 1$ To,s~t, 3 . - n ~ ~ ~1s1po ~ ~-, ro .,,. - - \~ l~~at1~e.~- ~,sc~l~er ~.. ~~~G .. pn ~-he ecZs~ ~ =~__ S - d e o~ Pt'C $(a 1`Cnr~-h coo c~ $ C~b~~- 1Vor-~ o~ ~ e. ~ ) --' S~ov~~esN end a-~ e~o~p~n (~ ~d . . ~7 ..^. _L T1t-TiW ~"' T ~~dd~tt. 1 ~ 1CZ~f'C'i5~t~ ~ ~er~~ b1~SlE'SS ^~ ~{nawn as ~a--1 `~ A~ 5'~-r «.g1.~ 04 os~ -}-~r,'~s C.han~e. ..; :~ -~-o ~-1 licl~~ tindvs-l-r~ ~.I ~rom ~-he. p r~se.n~' zone n~ ~ j b~ (~- L , ~e Gs'~ ~ n ~-1~ e ~ r o Bess a~ ,trov i n~ d v~ there. L..1~'~-~ OVA Chi ~~t"en , . ~n~e o-~ our ~c~.~ccre~ Gor'~CQr`ns iS ~e_r-5~ ~ ~: V axed da.r~ ~ `~ _ ~e-rs oar -4~-h ~ s _ ~p b e~,r,9 zon ecl. ~o ~--z . '' ~~~1'rct~~yc. e~n~roj - ~~ . 't~C t 1~ S~'~.t"a~-~ (1a b1aSZ n e S s t I-b m ~~ ~1"1E. O Wtti°f $ , r;;;~ ~ ~~cv p glue. J .. -mac-.-~ Y~ • J~ U r Uo ~ee,r n W 1~ece_'~h2 env i r a men~al issue -. ':+1 is CAt~C,e~ ned '~S -~-h~ t~oa~ ~-h~ ~ rto 4 ~ ly es, ~, cell ~-h~ r u n b~ ~ ro m 1 ts~- 18 ~ .pcsol s o n -the. boot _: _ - S~dQ. ~ Ivy 1sS~ 1°l ~ ci..~so -~-l~e pcc~ p `~C,e~,;~{ ~ .-. __ . ~-heoe. ~ to~}s v.~~:c~i belongs ~ ms, er e~sAn ~`~. :~. _ ,~. _. -; ~~:~ -- - ~~s alone. wig-~1Du'I' C3J~ ~ C}1anc~es add. cx~ollc~.- -- -~'o't~e. ~CD~ed'~-v c~,.l~er~dy copses ~3 rob (,e~n6 d,~r~n~ ~ ...' ~1ec~ ros ~ s. 1 ___ ..._ 1.. ; ~~ .. -- 0 20 -.. - ~.J. ..: _ _. .. _,~-1~~-hes--._ x.55 u e_ i S ~~ 1 n C~'e.as~e 1 n ~-ra~~ ~ _ -:- ~__ _ - . ~:.. ~d sa of .e~res' one involves . ~~etXSe.-_ ~_._ _ ~:. _-~= ~~_ _ ..eons ~de~c- ~-h~..._ loca.-4~ o~n _ a.f_ ._. [Y1 r, C.y~a~n s P r'ope~y _ _ c~--~-~ ~.~ ~:-~:-~: - ~. l~Jbv~d QC~uJS e v~ ver-~ . t~a.~`1 e.f"o uS i n S~e.~-~~ o n . _ - ~ ~~ _ , _ i ssv~ on a 0.~c'eas~~ 11cSwn (Jpr~c~es~. _ ~=_ _ _~ :_~: .. ~ 86 ~i'. i~o~- ~v spea.l~_.. a~ ~-he i n~c.-eas~ i n_-... __ =__-:; ~~_:~:~._ ~~~ _. noises 1eJ~rel . .... _ -~- --~ - _ - - -- ~=`.: ..: ~ t s o cin offer eo ne~.rn , s Why- c~.t'e. ~-h~ _.- .:-; . . i n-~.n`~-iorl S ©~ lYtr ~ l1~1 r s C`~Zt~ ,~-t'e1 ~e~ct .. -- .... ;: ~r _ . ~o~n-~ t n`~ ~-o re ~ on ~ ~o r o~. ~ u s~n es s . O r c~~ :- .:. -. - ~. L~'an~~n ~ rezone. ~r Sa1e. for sorn~.one: ~ : :. ~~~~~ . . ~~y 9 , .. . ~15e ~o be oJoi~e. ~4~o p~-~ ~n a ~vs~ne.ss ~ . ~ ~.. `~ ~ea5e_ , ~o-~- ~ vs one-he. n~x~- ~ tc~.nrwz~ .,~:: ... - C'~om m ~ ss ~ on ~Oc~.sC~- mew; nq rega.cc~~g ~-h~ ~ SS v~e . J :. . (~ ~ /) I T 1 ('~~~ 1~ ~~/~ C`~L~a.~i'~rr•~i'~.~'a1R '-•• /f•{•• ~ ~' 1\+I 0 /F /i 11 "'~~ ~~Y~ ! ~i3'r;`b : '3~r'~~ = .. ~ ~ R. ~ • r ~ ,:r ;w~fl• •• jay y.'~i.^,., ' . _ ., -.: •r s _... - s ~ .. .. .r - s .. , -~ .. a --- '. r _ - _ a• _.. _ - _ ....: y ., -- - -. _.__... ~.~ ~ . ti. - _ _ _ _ . _ _ .a . ~ •T' ~ ~ _ `_ rn~, ~~ ~ yn~ pia. l9___ - ~,~ ._ _ ~ _.~%~ _~. _ __ :ate-:.:_~~~ !.~ 4.~tr~-~. ,_ . ~~.Qtz-~.. _ 1.~ tit.. __ ~ ~`u-~ ¢- _ liy,~._ ~..a. _ . ~'~f /~ ~/'~ ((JJ//jj~~ /~ r. . V ~~~~ ~V-~• . ~~ `'~iAJW..! ~~._~ My - _!i~V~ ~ .» .., i='QSSJy ~'~ti ~~~T ! . f~~'~ ~};off; ~,~;;,=:~~;~;.:;.. ;5,.~.y.'. ,.. ~: k. r: k ' .: f .: , .:; is •• - - •':. aT-2:..rzti~. . s. •i •. ~' ~ ~., ~~~o rlanning Board Minutes G' ~ Q [~ b. Zoning Atlas Amendment (1) Z-7-97 Charlie and Amber L. Chang This item is to consider a request to rezone a 3-acre property from AR Agricultural-Residential to I-1 Light Industrial in Hillsborough Township. The proposed rezoning entails a parcel owned by Charlie and Amber L. Chang at 1607 NC 86 North (Tax Map 4.3..18), fronting on the east side between Coleman Loop Road North (SR 1334) and Coleman Loop Road South (SR 1332). The Changs have requested that their three-acre parcel be rezoned to I-1 in accordance with the Land Use Element of the Comprehensive Plan for Orange County. zz Zoning was adopted for Hillsborough Township on September 2, 1981. The intent of the I-1 Light Industrial Zoning District is to provide appropriate sites for limited industrial uses engaged in manufacturing, processing, creating and assembling of goods, merchandise, and equipment. Performance standards will be used to insure the absence r of adverse impacts beyond the immediate space occupied by buildings. The criteria usually applied for I-1 zoning include the following conditions: 1. The lot to be rezoned must lie within an area designated in the Land Use Element of the adopted Comprehensive Plan as a Rural Industrial Activity Node or Industrial Transition Node. 2. The size of the lot must be appropriate to the method of water supply. 3. There must be direct vehicular access to an arterial or collector street designated by the Transportation Element of the Comprehensive Plan. Existing land uses surrounding the proposed zoning arc: To the North -Wooded in young pines, McBroom Use Car Sales, residential To the West - Wooded in mixed hardwoods, Major Business Forms, Inc., grassland To the South -Residential and Deerfield Farm To the East • Pasture and wooded Findings of the PLnuung Staff review of the retuning proposal: I. The proposal for rezoning to I-1 supports the iateat of the Comprehensive Plan. The property is located in the Rural Industrial Activity Node centered on the intersection of NC 86 North and Coleman Loop Road (South), as delineated in the Land Use Element The Node has a radius ofone-half mile (2,640 feet) centering on the intersection. The retuning would be compatible with the stipulations set forth in the Element 23 2. The three-acre parcel is capable of adequately accommodating an individual well and septic system. 3. .The property fronts for 198 feet along the east side of US 86 North which is .+ designated as an Arterial Road in the Transportation Element. Daily motor vehicles counts are 9,000 ADT about 4,000 feet to the south of the property and 7,800 ADT at the Phelps Road intersection 12,000 feet (2 1/4 miles) to the north. Public Hearing Summary A joint public hearing on the zoning request was head by the Board of County Commissioners and the Planning Boazd on November 24, 1997. Commissioner Halkiotis inquired about an area where a dam is located and it was described by staff. The Planning Board Chair and a neighbor of the subject property inquired about the planned use of the property if it were rezoned Staff stated that any of the uses list by right, or allowed after receiving a Special Use Permit, in the I-1 zoning district would be possible. This list of uses is an attachment to these minutes on pages Sind the public hearing, written comments have been received and were distributed to Board members (copies attached to these minutes on pages ). Cameron stated that the concerns in the four letters speak to drainage, traffic and other impacts to adjacent properties. There is no use proposed at this time. Using a map, Cameron indicated the drainage pattern, noting that it drains to the east and there is a larger creek 300 feet east of this property. There is also drainage flowing in a swale to the south of the property that joins the larger creek to the east, but neither of those affects this property. Cameron noted that when a site plan is presented, erosion control, and buffer requirements will be applied to insure that all impacts will be addressed. Planrtiag Staffrecommends approval of the rezoning request for the Chang property to I-I, as delineated on the map (attachment on page )and the findings (attachment to these minutes on pages ). Barrows asked about the performance standards. Cameron responded that buffers, screening, and noise levels will be determined and applied whey a use is ProP~ Searles expressed concern that once buffer were applied, there would not be sufficient area for use. Cameron responded that the Zoning Ordinance includes waiver provisions fa the reduction of buffers under terrain conditions. . Katz noted that one of tha letters referred to adverse impacts firom a green house and it was not listed as a permitted use. Cameron responded that it is considered an agcicutttual use and is permitted in as AR district. - Katz asked abate the dtaionage concerns mentioned in otu otthe letter: in - reference to storage of petroleum produces. Cameron r+espoaded that the Fire Code requires containment strttctura is case of accidental spills. ~~r~~~7 Katz asked about Article 20.3.2 d -Changed conditions, noting that there had been no evidence to show this rezoning was necessary to promote health, safety and welfare. It was determined that this finding should be N/A, not applicable rather than "yes" as indicated by the staff findings. MOTION: Allison moved agreement with staff findings on Article 20 with the change to N/A for Article 20.3.2 d. Seconded by Hoecke. VOTE: Unanimous. Katz noted that the zoning applied for is indicated as EC-5 and this was corrected to I-l. MOTION: Hoecke moved agreement with staff findings on Article 4.2 with the change noted by Katz. Seconded by Searles. VOTE: Unanimous. MOTION: Allison moved approval of the Planning Staff recommendation for the rezoning request. Seconded by Selkirk. VOTE: Unanimous. G Zoning Ordinance Text Amendments (1) Garden Center Presentation by Emily Cameron. This item is for consideration of proposed amendments to the Zoning Ordinance to create a new land use category called "garden center" with appropriate standards included in Article 6 and a definition of the use in Article 22. A copy of the proposed amendments are attachments to these minutes on pages On September 30 the Planning Departrnent received a citizen's request to amend the Zoning Ordinance to create a new land use category called "garden centet". Garden center is a type of retail use providing landscaping supplies primarily for home use. The definition proposed for Article 22 includes a list of typical products to be associated with a garden center. The proposed amendment to the Permitted Use Table indicates garden center as a permitted use in all commercial zoning districts as well as in the Agricultural Service District. Therefare, the use would be subject to Planning Department review and approval of a site plan before zoning and . building permits may be issued. Standards for operation are proposed for Article 6.16. Additional Requirements for Certain Permitted Uses. The suggested standards specify - -- - - - --- -- - - - -- that oatdoor storage and display of goods are permitted and limit the area - --- allowed for outdoor storage of bulk materials such as sand, topsoil. mulch, eoc. 24 z ~~ON Tl-1~ TZ~I.USPoL'ri4TtoN PLA,I~- FDA l't-1~ ToW~I of NtLLS~ROUr'4~ ((9s7) 25 / \ ~~ Pr~PoseD / -~~ _ _ ~~ ~ ~ r~ ~~~~~t~~~~~~~ ~ ~ ,. ~ e'~ a _ ~' o-do~ / ^~ ~~ir ,~ q Q~~ ~ V °,. ~ ~ _ _. .:. N~ L '~ ~ ` ~-. ~ 4Q a '~ 1 i _ _ ' ~' J ~ • it es ~ Nin St. I ~~~ i S 1 n C1 ~ ~ ~ i:0 ~ .~ C ~ ~ ~ ~ Z St »dy~~'4 . ; _ 5 Sty o+ ~ r ' , ,,.,,..,,.,~,,,r,~,.,,. ~~ s, ~ "0 RAY ~: ,, ~ ' - ;~ i HILLSBOROUGH ,- '' 1 • • ~::::: ~ RIVER ~ 1 ~ e ,:~ ~ S ,'~ , ' 'o: I .~ ' I ~=ii __. 1 ~ ~. ~~ I 1 ..~~ ~ 1 -. ~ .~~ .. ~ !:-._ -.. ~ ~ 1 M =:... - ` ~ _~. f ~ . ,~ 1 " ~• tee,. ~ ,: r t' _~ ' ~ w ~ ~ =_ ~Z `-"- ', - r-- _ __ _ 26 Appendix A Proposed Public WaterlSewer Service Boundaries Subject to addition of other utilitiesllocalities Legend OIVASA Primary Service Area OWASA Long•Term Interest Area ® Hillsborough Primary Service Area Orange County Primary Servr a Area Orange County Long-Term Interest Area ~~• Rural Buller Boundary ~~ °~'`~1•1 I Onn~e County 1 ~\•/ ` Phamng d Inspections DePutment I (nlo~mclioo Seni[es Oivis~on 4.1)•9) Beth NcFuhad Na Sale