Loading...
HomeMy WebLinkAboutAgenda - 01-20-1998 - 9d1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 1998 Action Agenda Item # SUBJECT: Z -7 -97 Charlie & Amber L. Chang DEPARTMENT: PLANNING PUBLIC HEARING: _Xfo ,L Yes No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): Planning Board Recommended Findings Applications and Maps General Information Memorandum Public Hearing Minutes Letters from Neighbors 1/7/98 Draft Planning Board Minutes NFORMATION CONTACT: Jim Hinkley, X2584 TELEPHONE NUMBERS: Hillsborough -732 -8181 Durham _ -688-7331 Mebane -227-2031 Chapel Hill -968-4501 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. 4.1.18), 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, as shown on the attached maps, be rezoned to I -1 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: 2 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 vehicular access to an arterial or collector street designated by the Transportation Element of the Comprehensive Plan. Existing land uses surrounding the proposed rezoning are: North - Wooded in young pines, McBroom Used Car 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: 1. 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 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'A miles) to the north. A joint public hearing on the zoning request was held by the Board of County Commissioners and the Planning Board on November 24, 1997. Commissioner HaUdotis inquired about an area 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. 3 i 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 z6ning 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 findings required by the Zoning Ordinance. RECOMMENDATION: The Administration recommends that the Board of Commissioners close the public hearing and 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 - comollance PLANNING BOARD RECOMMENDED EVIDENCE SUBMITTED TO FINDINGS SUPPORT FINDINGS Ordinance Requirements The application must comply with all requirements specified In Article 20 - Amendments. Those requirements include: 20.3.2 a) Map showing affected property at scale of not less than V= 100" nor more than 1 "= 20' 20.3.2 b) Legal description of the zoning lot 20.3.2 c) Explanation of alleged error, If any, to be corrected by proposed amendment 20.3.2 d) Changed conditions, if any, which make an amendment reasonably necessary to promote health, safety, and the public welfare. 20.3.2 e) Manner In which proposed amendment will carry out the purpose and Intent of the Orange County Comprehensive Plan. BOARD OF COMMISSIONERS FINDINGS _X—Yes No Site plan submitted at scale Yes No of 1" =102' from Orange County Central Land Records /GIS Office _X—Yes No Legal Description submitted from Orange Yes No County Registry Book 1431 / Page 120. NA Not applicable Yes No NA Not applicable Yes No No changed conditions were cited. _X—Yes No The property lies within the bounds Yes No of a Rural Industrial Activity Node designated in the Land Use Element of the Comprehensive Plan. ARTICLE 4 - DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED TO COMMISSIONERS FINDINGS SUPPORT FINDINGS FINDINGS Ordinance Reaulrements Article 4.2 Identifies the criteria which will normally be used to determine the application of a zoning district designation. The zoning applied for is the 1 -1 Light Industrial designation. The criteria for this district are set forth In Article 4.2.21 and are as follows: a) The intent of the 1 -1 District is to provide X_Yes No The use of the property Is limited to Yes No appropriately located and sized sites for limited Industrial uses permitted In the 1 -1 District. 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 the building. b) The district will usually be applied where the following conditions exist. 1. The site is located within areas designated in _X—Yes No The property is located in a Rural Industrial Yes No Land Use Element of the adopted Comprehensive Activity Node In Hillsborough Township. Plan as either an Industrial Transition Node or a Rural Industrial Activity Node. 2. Lot size for Individual uses shall be appropriate _X_ Yes No The proposed size of the zoning lot contains Yes No to the method of water supply and sewage disposal. 3.0 acres. The area Is deemed adequate to accommodate an Individual well and septic system. 3. Access would consist of direct vehicular access _X_ Yes No Access is along a 198' frontage on the east Yes No to street designated either as an arterial or side of NC 86 North which Is designated as collector by the Transportation Element of the an arterial in the Transportation Element of adopted Comprehensive Plan. the Comprehensive Plan. 01 'ANGE COUNTY, NORTH CAROL. -__ AP.PLIL m i'ION FOR CHANGE OF ZONING _STRICT TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA Date. The undersigned do hereby make applice� change the Zoning Atlas of Orange County as hereinafter requested. 1. 2. _Z a roperty is located on th side of S.R #_ Street /Road) between . # / S.R.# 1332 It is known V!'PV alts) �.R , B[ock �"' of Orange County Tax Map 3 ownship. It has ',a frontage of feet an a th f�aoD feet, and contains square feet or acres. It is desired and requested that the foregoing property be rezoned from A to •3 -.- The ••_fo l Lowi ng. information has been -attached ..in--. support application for changing the Zoning AtLes (* — required applications) . *a. A fully dimensioned map at a *cute of not less then one (1.1 inch equals one — hundred (1013) feet nor were than one (1) inch equals _ twent•j 1201 'feat- -showIwg•--the Land -which is proposed to be / rezoned. *b. A Legal description of the land proposed to be rezoned. *c. A statement of ,Justification addressing one or more of the following: (1) The aLLoged error in the Zoning ordinance, if any, which would be'carrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the arms or in the County generally, which Sake the proposed amendment reasonably necessary to the promotion of the public health, safety and ganeraL welfare. *(31 The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. *(41 ALL other circumstances. factors and reasons which the applicant offers in support of the proposed amendment including, but not Limited to, doeumentation from service agencies (s.§, fire, polio•, rescue and utiLitiei agencies) assuring services provision copebiLity to the development. d. A List of aLL individuals, firms or corporations owning property adjoining or within five hundred (5001 feet of the property sought for r zoning is attached. The List is current as of •(Data - of the on a l l -I certify that aLL information furnished in this application is accurate to the best of my knowledge. Address: o O Phone REZONING REQUEST CHECKLIST OWNER'S NAME A=,c 4/N G' ADDRESS 350 Current zonins Total number of acres S Current land use- Type of rezoning requested z---t fIst Proposed land use Tax map i 5 Block # •— Number of lots Proposed Water Supply: Public Community Individual ✓ Proposed Sewage Treatment: Public Community Individual septic tank Access onto state road i J Average daily traffic count on the state road iL5 escribe existing critical areas: Flood prone areas Poorly drained areas N Streams_ MIA Other sensitive areas AFIA Describe lend uses in: General Area (�$► !� t Kh.ye \vetW N ; Adjacent parcels of land_CrsrorAt r JC amt Q,S It�fi4r�c gvq�+�Q ,_ 0 f Z -7 -97 CHARLIE & AMBER L. CHANG REZONING REQUEST Scale I"= 4,000' Nft C 1E . . .. w \ . ... .... .. Z -7 -97 CHARLIE & AMBER L.' CHANG REZONING REQUEST Scale I"= 400' 0 9 �i °o{' r PROPERTY MAP This map contains parcels prepared for the inventory of real property within Orange County, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map The County and its mapping companies assume no legal responsibility for the information contained on this map, DATE 24 Jul 97 09:07:28 Thursday Prepared By Orange County Central Land Records /GIS Office Z -7 -97 CHARLIE & AMBER L. CHANG Tax Map No. 4.3..18 PIN 9865 -79 -2372 REZONING REQUEST Scale I"= 102-' Nft 10 ' 11 - ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ,,t1 N • �t V Y INFORMATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: SEPTEMBER 16, 1997 SUBJECT: Z -7 -97 CHARLIE AND AMBER L. CHANG GENERAL INFORMATION APPLICANT: Charlie and Amber L. Chang OWNER: Charlie and Amber L. Chang 3309 Orange Grove Road Hillsborough, NC 27278 LOCATION: 1607 NC 86 North (Tax Map No. 4.1.18) PROPERTY SIZE: 3 acres PROPOSED ZONING LOT: 3 acres EXISTING LAND USE: 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, Major Business Forms, Inc., grassland SOUTH - Residential and Dee►wood Farm EAST - Wooded and pasture COMPREHENSIVE PLAN LAND USE DESIGNATION: Rural Industrial Activstyr Node EXISTING ZONING: AR Agricultural - Residential INFORMATION MEMORANDUM 12 TO: Board of County Commissioners Planning Board DATE: September 16, 1997 PAGE: Two PROPOSED ZONING: 1 -1 Light Industrial The following statements on intent and application criteria are quoted from the Orange County Zoning Ordinance, as amended. 4.2.21 Light Industrial -I (1 -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) Application 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. Lot size for individual uses shall 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 IN THE 1 -1 LIGHT INDUSTRIAL ZONING DISTRICT: Accessory Uses M1 Manufacturing and processing operations where no adverse impacts occur beyond the immediate space occupied by the building P2 Botanical gardens and arboretums P4 Sus passenger shelter P5 Bus terminals and garages P7 Church P10 Governmental Protective Services (police and fire stations) rescue squads, volunteer fire departments P14 Parks, public and non -profit P24 Govemmental facilities and office buildings P25 Water and sanitary sewer pumping stations S18 Commercial feeder operation S23 Motor freight terminals S25 Motor vehicle sales rental (new and used) INFORMATION MEMORANDUM TO: 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 (profittnon- profit): golf club and golf club country club S36 Recreational facilities (profit)) S38 Research facility S50 Storage of goods, outdoor S51 Storage or warehousing: inside building S51a Studio (Art) S53 Wholesales sales S55 Assembly and packaging operations including mail order houses, but excluding on- premises retail outlets S56 Crematoria S57 Golf 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 Junkyards The following uses are allowed with a Class B Special Use Permit P12 Landfills (less thart 2 acres) P17 Radio and television transmitting and receiving towers and elevated water storage tanks P22 Transmission lines S34 Recreational facilities (non - profit) 13 2 3 4 6 7 8 9 0 1 2 3 4 5 T 8 9 O 1 2 3 4 5 6 7 8 a O 1 3 4 5 6 7 8 1 2 3 s 6 7 8 6 0 1 2 4 6 7 6 2 11/24/97 Public Hearing Minutes 14 However, when the proposed design does not meet all of the criteria specified in the Design Manual, a Special Use Permit must be obtained. The proposed design meets all of the requirements except the requirement for a 100 foul buffer around the perimeter of the building and the requirement that parking areas be located to the rear of the building. The applicants are requesting a waiver of these two requirements. One of the reasons for this request is that the septic field is being required to be located at the comer. Also, if the building is located at the comer, the applicant indicates that an unsafe traffic movement would be created through the drive4hrough to exit on Old Chapel Hill - Hillsborough Road. The traffic going out would cross the traffic coming in. Finally, pedestrians would have to crass the drive - through traffic to enter the credit union if parking is located behind the building. QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS Commissioner Gordon requested information regarding the cost of running the sewer line to the proposed facility as compared to the cost of installing a Sepik system. Eddie Kirk indlicated that he would provide information on the cast of running the sewer to the facility. He will also report on whether the nearby apartments have city sewer. Finally, he will present information about whether Hillsborough intends to tun additional sewer lines in this area. Commissioner Halkiotis asked what the Town of Hillsborough is doing to facilitate the extension of sewer ser Am to this area He asked If there is a plan. Eddie dirk indicated that he would work with Hillsborough and present a report to the Board of Commissioners regarding their long range plan for extending sewer to this area. QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS Karen Barrows asked whk h parking areas do not meet the Economic Development District requirements. Eddie Kirk indicated that none of the parking would meet the requirements of the Design Manual. QUESTIONS AND/OR COMMENTS FROM CITIZENS Bang Jacobs, a nearby resident. felt that this was a good project: however. he has concerns about using this particular site. He felt that this could very well have an adverse effect on the contiguous property. He mentioned that Hillsborough already has a problem with uncontrolled access to major highways. He also felt that a right turn lane should be required if this project is approved. A motion was made by CommiWwer Carey, seconded by Commissioner Halklotis to refer this Rem to the Planning Board for a recommendation to be retumed to the Board of Commissioners no sooner than January 20, 1968. VOTE UNANIMOUS Planning Board member Karon Barrows Chaired the remaining items. 2. Zoning Atlas Mnendnlent 10 a) Z-7-97 Charlie and Amber Chang This itern was presented by Manner May Willis In order to receive citizen comment on a request to amenI the Zoning Atlas. The proposed rezoning is for a parcel owned by Charlie and Amber L Chang at 1607 NC iM North (Tax Mop No. 4.1.18), fronting on the east We between Coleman Loop Road North (SR 1334) and Coleman Loop road South (SR 1332). Existing zoning is AR Agricultural- Residentiaal. Proposed zoning Is 1.1 Light industrial in accordance, with the Laird Use Element of the Comprehensive Plan for Orange County. QUESTIONS AND/OR COMMENTS FROM THE BOARD Of COMMISSIONERS In response to a question from Commissioner Halkiotis. Ms. Willis described the area where the dam is located. QUE37MM MAWR COMMENTS FROM THE PLANNING BOARD MEMBERS Planning Board Chair Barrows asked about the planned uses for this property. Mary WA Wo Indicated that she did not know the answer to that question. She pointed out that they do not ask about apedfra uses became ant penr ted uses need to be considered during a rezonav request. QUESTIONS AND/OR COMMENTS FROM CITMENs 2 I Mr. Morrison indicated that he owns a lot next to this propert y and is building a home on the lot. He asked for 2 infomnation regarding what would actually be done wit» this parcel. 15 3 4 Mary Wills Indicated that the possible uses are listed in the packet on pages 5o and 31. Some of those uses 5 are light industrial, fright manufacturing and a number of commercial uses. 6 7 A motion was made by Commissioner Gordon, seconded by Commissioner Haikiotis, to refer this item to the 8 Planning Board for a recommendation to be returned to the Hoard of Commissioners no sooner than February 3 9 1998. 0 VOTE: UNANIMOUS 1 2 3. Zoning Ordinance Text Amendments 3 a) Garden Center S This Rem was presented by Planner Emily Cameron for the purpose of receiving citizen comment on Poposed amendments to the Zoning Ordinance to create a new land use category called 'Carden Center with 6 appropriate standards as included in Article 6 and a definition of the use In Article 22. On September 30, the 7 Planning Department received a citizen's request to amend the Zoning Ordinance to create a new land use category 8 called 4gaiden center' Garden center is a type of retail use providing landscaping supplies primarily for home use. 9 The definition proposed for Article 22 Includes a list of typical products to be sold. The proposed amendment to the 0 Permitted Use Table indicates garden center as a permitted use in all commercial zoning districts as well as in the 1 Agricultural Service District. Therefore. the use would be su*d to Planning Department review and approval of a 2 site plan Oftfe zoning and Wilding permits Maybe Issued. Standards for operations are proposed for Article 6.16 3 which list additional requirements for certain permitted uses. The suggested standards specify that outdoor storage 4 and display of goods are permitted and limit the area allowed for outdoor storage of Caulk materials such as sand. 5 topsoil, mulch, etc. 6 7 Mr. Creg Shephant of Phillip Pont & Associates, indicated that he represents a client who wants to put a 8 garden center at this location. Upon examination of the Zoning Ordinance he discovered that the two closest use 9 categories were either greenhouse or retail sales. He found that a Garden Center does not fit ember category. They 0 then derided to present this proposal to be considered countywide. They created this proposal themselves with help 1 from the Planning staff. He mentioned that outside storage would be allowed and would be located to the rear or side 2 of the building and would be screened by an 8' toot fence. The amount of square footage for the outdoor storage 3 would also be limited to 15.000 square feet per acre. 4 5 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS 6 None. 7 8 QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD MEMBERS 09 None. 1 QUESTIONS AND/OR COMMENTS FROM CITIZENS 2 Harold Newton stated that he owns a Garden Center in this general area and would like to move a portion of 3 his business to this new location. He wants to display pants. topsoil, firewood and pumpkins. This property 1s 4 currently zoned Local Commercial (LC) which does not allow outside products to be displayed- 5 6 A motion was made by Commissioner Carey, seconded by Commission Halkiods, to refer this Rent to the 7 Planning Board for a recommendation to to returned to the Board of Commissioners no sooner than February 3. 8 1998. 9 VOTE: UNANIMOUS 0 1 b) Wabisbed Protection Overlay District$ 2 This item was presented by Planner Mary Wills for the purpose of receiving citizen comment on a 3 proposed amendment to the Zoning Ordinance. The Zoning Ordinance amendments which were adopted by the 4 Smd of Commissioners on January /, 1994 were soon thereafter submkfed for review and approval by the 5 Environmental Management Commission. The Division of Water Quality (OM) who is responsible for reviewing the 6 ordinanoes for ail NC counties and municipalities within wider supply wr1,9111. returned its comments in a letter to 7 the County Manager dated August 1. 1997. The fo0owirg revisions ate required In order to obtain full compliance 8 with the State mandate: 9 • Charge the word Sludge' to •residual'; 16 December 31, 1997 DIRECTED TO: 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- O 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. 1 < 1�-� -L l..L. rs. •t -rtes. _ - 18 ©ron�e. Cou Gorad o �V Comm,ssioners 4- - ' _ . _ I%h1e 8rA , KOxe nkLU Rctrl con QQX n l r) 4-p- rezon k � `lsborJ }� ro 6w ned ': _ harm e.�- �cc`bex �. • a - on �I-he eas C mores o`�� -he. ) jlr n w5 ct N is - cx•c�1� c�P C>- . +k-N Vs ehcxl � \n&. s4 r ► cxl �- ro m zon n� j c�� t� L , 1�e �t-e- t n the �Jrooess c��- rnov Ong a�� ►ere IA:A our &.Ir.�c-en . � n�e o-� ovc- ic.�c�e� CA,ncQrns i s �I-he_ r ►s {.� ��: a.nd long -ers o,� 4-k4 s - op" b e nos zon ecal -40 . wt o9 I - ,3 .fir i V SE -Par az "flq 6usine,5s -pnra m ho me a LotrP1'S . A • 1 C Or enf)eer r1 Where.Ahe env i r ome4oJ issue r is Q.Zf eci -tS 4-h•2 lQa\ he. 9 v- c--) Qe� lies, OJI -l-he_ C u r) b-q -V CO m 1 u-�- I$ � Pcsoi S on 44le- box-8 s kck c r 10-- \Ts, Iq &* a\s d -V- )e, p) v c� p `oe-l-N I m ese & lobs w� �c\ b e,�.o ni3s � Ms, err er.�n _ Ts- 1_ %,5 alone LASi4 au an W0 4t� �mpec�y oAreoAd Co,�ses PrabLemg cl,vrrn� �lec�w� t'o� t�. s• ZI O n 40E�; C- anck 5a, C-FeV'ef--L�Gne jnVOJVed plea5e___ Q-oy),SzdQr 4e-- locock an -oaf r. 0-hoLn rs�ec4 ' roper+y AOL() V_rou�s mi on &f�cswf�, e)c�r\ issue On o- O'V-�-OAILA 44" 'Not\f. 1 o+ 4c),5pea-k... a noise. tiQNel, P !so anAer o-onu-rn 'is Loho-+ o-r e- 4e, Ankn-l-i-omi o-F rnr4-Mrs. I -4f ej 4e4 - --. -- k an4tn +o re--,zone- -for o...- u5iners. Or oxe- +he-4 VaZm3 4o rvzone- -For Scxle-,-�a\r \SaMeZne_ e-be 4o be cWe -6 Pul in o.- bus lne-ss IQ-o,5,p- 1 v5 Q n e- n er4 \-3oc.,-rc\ meR--Ac r,5 re3oxaiN 4he- k5s ue I - 4 Edam a m M-Iinw !�tff t; 20 . . ............... ao, __ , -� eat, td a, 1 EAW -.-- -� - -- �,�. __ Dom.. ��,�_ �o � _�.. _ ._ _ � - 1 7/98 Planning Board Minutes 21 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- I 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 -I 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 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 are: 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 Planning Staff review of the rezoning proposal: 1. 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 Element. It M E I � V 22 The three -acre parcel is capable of adequately accommodating an individual well and septic system. 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 held by the Board of County Commissioners and the Planning Board 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 Since 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. Planning Staff recommends approval of the rezoning request for the Chang property to I -1, 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 when a use is proposed. Searles expressed concern that once buffers were applied, there would not be sufficient area for use. Cameron responded that the Zoning Ordinance includes waiver provisions for the reduction of buffers under certain conditions. Katz noted that one of the letters referred to adverse impacts from a green house and it was not listed as a permitted use. Cameron responded that it is considered an agricultural use and is permitted in an AR district. Katz asked about the drainage concerns mentioned in one of the letters in reference to storage of petroleum products. Cameron responded that the Fire Code requires containment structures in case of accidental spills. 23 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 -1. 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. c. 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 Department received a citizen's request to amend the Zoning Ordinance to create a new land use category called "garden center". 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. Therefore, 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 outdoor storage and display of goods are permitted and limit the area allowed for outdoor storage of bulk materials such as sand, topsoil, mulch, etc.