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HomeMy WebLinkAboutAgenda - 05-27-1997 - C1(a) 003 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27. 1997 Action Agenda Item#_C 1 (a ) SUBJECT: Z-3-97 Ruth Cook Woods DEPARTMENT: PLANNING PUBLIC HEARING: _x—Yes No BUDGET AMENDMENT REQUIRED: Yes_x—No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Application Extension 2582 Vicinity Map Staff Findings TELEPHONE NUMBERS: Certificate of Mailing Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment in Hillsborough Township requested by Ruth Cook Woods. BACKGROUND: The property proposed to be rezoned is 7.83 acres. It is located off the west side of NC 86 at the end of Skogen Lane. Skogen Lane is an existing paved public road constructed in 1984 with Ruth Woods subdivision. It is located about 500 feet south of the southernmost entrance into Wildwood Subdivision. The 7.83 acres is currently zoned Rural Residential (R-1). The applicant proposes to rezone the property to Residential4 (R-4). The parcel is undeveloped and the surrounding property to the north and west is undeveloped. The property directly north is zoned R-2 and the property west is R-1. Stagecoach Run is directly south and zoned R-1. The eastern property line abuts Ruth Cook Woods and Wildwood subdivisions, both zoned R4. V 0 4 The property has a gentle slope from west to east with the highest part of the property being along the western property line and the lowest part being along the eastern property line. The southeast corner of the property has a slope of less than I%and the steepest part of the property is approximately 12.5% in the northwest part of the tract. The average slope of the property is 7%. The Town engineer has indicated that water and sewer service is available to serve this property. All fees must be paid and connections made at the owner's expense when a development is proposed. The Zoning Ordinance lists criteria which are normally used to determine the application of Residential-4 zoning. The purpose of an R-4 district is to provide locations for low and moderate intensity residential development and supporting recreational,community service and educational uses in areas where urban services are available or are to be provided as part of the development process. The property is located in an area designated as Ten Year Transition in the Land Use Element of the Orange County Comprehensive Plan. RECOMMENDATION: Article 20.3.3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. The 30-day period may be extended up to 60 days with the written consent of the applicant. The public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. Zoning Officer Recommendation The Zoning Officer has reviewed the application and all supporting documentation, and has found that the proposed rezoning would be consistent with the Comprehensive Plan. Provided the Planning Board and the County Commissioners find in the affirmative, the Zoning Officer recommends approval of the request. No decision on the application is made by either the Planning Board or Board of Commissioners at the public hearing. Instead,the Planning Board has 60 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. Administration Recommendation The Administration recommends that the proposed Zoning Atlas amendment be referred to the Planning Board for a recommendation to be returned no sooner than June 30, 1997. ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT 005 Data : `�- ZS- 9'Z TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned de hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The pr party is located on the WeCS ' side of S .R . 0 I�w -1 `5C Street/Road) between S .R . # 52 /7,10 and S .R . # It is known as Lot (s) _Z Block — of Orange County �Taz Me L1_-/�i�S�•rocr�l� Township . It has a frontage of "I .SL' ' feet and a depth of 6,5-R feet , and contains square feet or 7.Sr'% acres . 2. It is dr ired and requested 12-that the foregoing property be rezoned from �L// 3 .- The -following information has be.en - attached - .in support of the application for changing the Zoning Atlas (• - required on alt app Li cat ions) . •n. A fuLLy dimensioned map at a scale of not Less then one (11 inch equals one—hundred (100) feat nor ware then one (1) inch squaLa twenty-' (201 feet --showiwgr tthe 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 alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a detailed espLanstion of such arror in the Zoning At Las and detailed reasons how the proposed amendment wilt correct the error. (2) The changed or changing conditions, if any, in the area or in the County ganeraLLy, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and gonereL wslfors. '(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use PLen or part thereof. 0(4) ALL other circumstances, factors and reasons which the applicant offers in support of the proposed amendment including, but not limited to, documentation from service agencies (e.g. fire, poLics, rescue and utilities agencies) assuring services provision capability to the development. d. A list of all individuals. firms or corporations owning property adjoining or within five hundred (3001 feet of the property sought for rezoning is ettsehad. The List is current as of (Data) I certify that alt information furnished in this application is accurate to the best of my knowledge . Applicants): �,�.1�,�.,� �� Address :,/ �,� s �� •�. 13s� Phone : 9 1S- 12. *9 G 006 TO: Eddie Kirk, Planner Orange County Planning Department FROM: Ruth Cook Woods, Owner DATE: March 25, 1997 SUBJECT: Rezoning Request for Tax Map 4.45..25 NARRATIVE I am requesting that the zoning of the 7.83 acre tract referenced above be changed from its current zoning of R-1 to the proposed R-4 zoning. Access will be provided by the extension of Skogen Lane (an existing 60 foot public road) through Lots#1 and#2 as shown on a plat recorded in plat book 38, page 72 at the Orange County Registry. Bordering the above-mentioned parcel, there are two developments (1) Ruth Woods recorded in plat book 38, page 72 and (2)Wildwood Section One recorded in plat book 37, page 17; both are zoned R-4. Enclosed you will find a letter from the Town of Hillsborough stating'that water and sewer services are available to the 7.83 acre parcel. A � 00 • TO: Eddie Kirk, Planner Orange County Planning Department FROM: Ruth Cook Woods, Owner DATE: May 14, 1997 SUBJECT: Rezoning Request for Tax Map 4.45..25 STATEMENTS OF JUSTIFICATION (1) There is no error in the present zoning. (2) Changes in the area surrounding this site has made it more practical for this parcel in the "transition" designation which allows for the extension of municipal services and also additional density to compliment the Orange County Land Use Plan. Health departments recognize that over a period of years the municipal services prove to be more beneficial than individual septic systems for the public's health and the communities well being. (3) According to the Orange County Land Use map, this parcel of land is located in the 10-year"transition" area. This request corresponds appropriately with the plans for this entire area. (4) Per the subdivision regulations, I, the owner, will be presenting two plans to the Orange County Planning Department before any development of the site occurs. One plan will be prepared according to the Flexible Development plan. The Flexible Development guidelines require an allocation of various types of open space. The guidelines understand that to commit land for recreation and open space it is necessary to have smaller lots and higher density on the balance of the land. Utilizing municipal services is the most efficient way to accomplish this. Because the parcel is in close proximity to Hillsborough and the non-rural character of this site, it appears ideal for transitional or suburban planning which will allow homes to be built within the reach of the average family. Also, see the attached documents from Orange County agencies that assure their services to this development. F I ,A$ It a a� • ma y a s lit!�; �lit °''a 3 f qi1 r i �1 it a �Q8 O Zj W o us •g� rt I�i1 CCCW���Q 2�Y Ow JN �� I ' iiiYYYN T�� t'� B m Z r gOR Vvr/�+...III a (�j 2, v1si w t t $ $! It ' + • °• att �e I it YA in Ole lit NN Ulf, lit t / y �a� � 009 Town of HI lls h ince 1754 March 4, 1997 Ruth Cook Woods 2707 NC 86 South Hillsborough,NC 27278 Re: Property(7.83 Acres) TM 4.45..25 Dear Ms. Woods: This letter shall serve as notification that the referenced property is"Available"to Town water and sewer service. Prior to service being provided all fees shall be paid and connections made at the Owners expense. Please call with any questions. Z Thomas E. rt , Town Engin r cc: Allois Callemyn 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919-7.32-2104 • Fax: 919-644-2390 010 To: Eddie Kirk Orange County Planning Department From: Sheriff Lindy Pendergrass Date: April 29, 1997 Re: Rezoning of Tax # 4-45 Lot 25 For Single Family Sub Division Proposed Site: Ruth Cook hood's Sub Division VC 86 Highway The Orange County Sheriff's Office has been asked if we could provide law enforcement services to the property indicated above. No presently provide 24 hour patrol and response to calls for service in the area of the proposed business. Providing response to service calls and other services will not require any additional -a-hours or equipment. Should any further information be needed please contact our office. Sher ff L nd Pendergrass Oil Orange County Emergency Management P.O. Box 8181 Hillsborough North Carolina 27278 9-1-1 Communications Emergency Medical Services 24 Hour Warning Point , •�r ., Fire Marshal 732-8161 933-2600 ° °'•,' Hazardous Materials 644-3030 968-2050 Fax Machine s 968-4066 eats March 25, 1997 To: Eddie Kirk Planning Department From: Mike Tapp, Fire Marshal RE: Fire/ EMS Coverage Ruth Cook Woods, Property Owner Rezoning of Hillsborough Tax Map 45, Lot 25 Orange County Emergency Management Division of EMS, will provide EMS coverage for the referenced site. Orange County Emergency Management is located at 1914 New Hope Church Road, in Chapel Hill; the Director is Nick Waters. The Orange Rural Fire Department provides fire coverage to the referenced site. They are located on North Churton Street, in Hillsborough. Jeff Cabe is the Chief of the Orange Rural Fire Department. Please contact us if additional assistance is needed. Cordially, Mike Tapp Fire Marshal cc: JD Cecil, Jr. -Alois Callemyn Land Surveyor the _ << � 483 ������-v1 3IRS 87� U 12 CE O,Q � ° 1 656 119 Ac. _ 1 'AC. y ( •~ � f � ;� •mot ` ''' wo Ruth Cook W ods P�gA��� ' 1 Zone: RI to 4 _ 3O �oaac. ; _'l+ I SEE MAP454 1 LUP: 10 Yea Transition wa�R o \ AC. yP �` SEC ~ / 9969 src \<Q,�q�� �c4 P%45 L9 SEE MAP �'�i � �/ 30.77 AC. / imp s a W ILDW000 b _ - SEC PHI 92 I,OIACJ 9 j !4 e W o�4� !3pa / w .3261 r / 1✓VPP 301 AC. s I SEE MAP - � 2 6 •08� 4SJ f .. SEC I - '� WILOWOOO s 7.75 AC. ;EE 41E , - \ J Tt 3 I SEE 4 K I 1 \ GR R RUTH WG006 � 34.737AC. see MAP 45 C 1 I (STAGECOACH RUN, SEC, 1) I 0/24\ j 27 ?9d H RUN — -�LFT,CR FcaAQ_1' 0 023 N 14.62AC 487 AG I 67E 11 t44 •� �i ... .. ..� + I _.- is• - �. __ - _ ORANGE COUNTY PLANNING DEPARTMENT 013 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 Y •w v v MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: MAY 27, 1997 SUBJECT: Z-3-97 RUTH COOK WOODS,ZONING ATLAS CHANGE REQUEST FROM R1 RURAL RESIDENTIAL TO R4 RESIDENTIAL4 GENERAL INFORMATION APPLICANTS: Ruth Cook Woods 1423 US 70A East Hillsborough,NC 27278 LOCATION: West side of NC 86 at the end of Skogen Lane LOT SIZE: 7.83 acres proposed to be rezoned EXISTING LAND USE: Wooded SURROUNDING LAND USE: NORTH- Undeveloped land zoned R-2 EAST- Ruth Cook Woods and Wildwood subdivisions zoned R4 SOUTH- Section 1, Stagecoach Run zoned R-1 WEST- Undeveloped land zoned R-1 BUILD OUT ANALYSIS: The maximum number of lots that could be created would be approximately 28 with 10%of the property in road right-of-way. This would also include combining the remaining part of lots 1 and 2 in Ruth Cook Woods subdivision with lots on this property after Skogen Lane is extended. 014 MEMORANDUM-Woods May 27, 1997 Page 2 NC 86 had a 1995 average daily traffic count of 5,300. This subdivision would add approximately 280 trips per day to NC 86. Using the standard of.33 children per house, as used in the Fiscal Impact Analysis for subdivisions, development of this property would generate approximately 9 school aged children. COMPREHENSIVE PLAN LAND USE DESIGNATION: Ten Year Transition ZONING: The property is currently zoned Residential-1. The intent of the Residential-4(R-4)District is provided in Article 4.2.4 of the Zoning Ordinance. Intent The purpose of the low and medium intensity Residential(R-2,R-3, R4)Districts is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at the site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. The following is a list of permitted uses in R-4: H 1 a Large Day Care Home H2 Single-family Dwelling H3 Two-family Dwelling H4 Multi-family Dwelling H5 Mobile Home H6 Family Care Home H-11 Rooming House MEMORANDUM-Woods 01 �� May 27, 1997 Page 3 H 12a Temporary Mobile Home Accessory Uses H13 Tourist Home P2 Botanical Gardens and Arboretums P4 Bus Passenger Shelter P7 Church P 10 Governmental Protective Services P14 Parks,Public and Non-profit P 17C Stealth Telecommunication Towers 75 Feet or Shorter P19 Schools: Elementary,Middle and Secondary P24 Governmental Facilities and Office Buildings P25 Water and Sanitary Sewer Pumping Stations S35 Recreational Facilities(Profit/Non-profit): Golf Club and Golf Club Countryclub The following use is allowed with a Class A Special Use Permit: P16 Public Utility Stations and Substations, 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: Hl Day Care Facility,other than Large Day Care Home H7 Group Care Facility H12 Temporary Mobile Home(Custodial Care) P3 Portable Buildings P6 Cemetery P8 Community Center P17A Telecommunication Towers 199 Feet or Shorter P22 Transmission Lines S34 Recreational Facilities(Non-Profit) fl17 0 Q � � t v v o R •� i ;.a ' p 3 to OFD►' W '�' 7 Z�a O p as w d A dO W� Ile tn v-4 0 W O % 'oe 10A 0 S C'I CA C" ls� ` o 7' v 0 ca �... .• +"� N G i y •3C3 p. T V o a N o w a a N m a �i o V � o �. R � o N• G N r r U V O i N call o N A W Z o ' w d T p to .fl U N os p cn t .O T a C JS ,3 'w• p A d 3 0 z U U O 0 a. w � w W � Z 0 Z I v �4 a :3 0 0 y 'a •Vyf O Q > cU0 'b v •:+ � � � i ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 023 HILLSBOROUGH, NORTH CAROLINA 27278 o, v s CERTIFICATE OF MAILING ZONING ORDINANCE VARIANCE ORANGE COUNTY,NORTH CAROLINA I, Eddie Kirk,Zoning Officer, Orange County,North Carolina,DO HEREBY CERTIFY that on or about May 9, 1997,I mailed, by certified mail, postage prepaid,a Notice of the Public Hearing to be held on the Ruth Cook Woods request for rezoning of ap=ximately 7.83 acres in Hillsborough Township from Rural Residential (R l)to Residential4,to each property owner as required by Article 20 Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date,time,place and subject of the Public Hearing on the zoning classification change. WITNESS my hand,this the 21h day of av_ 1997. EDDIE KIRK ZONING OFFICER