Loading...
HomeMy WebLinkAboutAgenda - 05-27-1997 - C1(b) 025 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS and PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: May 27, 1997 Action Agenda Item # C 1 (b) SUBJECT: Z-4-97 Thomas and Louise Bradley, d.b.a. T.H. Bradley Grading and Septic Tank, Inc. DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No BUDGET AMENDMENT REQUIRED: Yes —X—No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley, X2584 Applications TELEPHONE NUMBERS: Vicinity and Site Maps Hillsborough - 732-8181 General Information Memorandum Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 Staff Findings Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a citizen request to correct an error in the Zoning Atlas in Cheeks Township. BACKGROUND: The proposed rezoning involves a portion of a parcel owned by Thomas and Louise Bradley. It is located at 5419 US 70 (Tax Map No. 3.28..31), between Frazier Road to the west and Efland-Cedar Grove Road to the east. The existing zoning district is R-1 Rural Residential. The proposed zoning district is EC-5 Existing Commercial. The property owners have requested that a 6.2-acre portion of their property, as shown on the attached map, be rezoned to EC-5 to recognize an existing business which was located on the property prior to the zoning of Cheeks Township. 026 • Zoning was adopted for Cheeks Township on October 1, 1984. • The EC-5 zoning district is applied only in previously unzoned townships to accommodate existing commercial uses not located within Activity Nodes designated in the Land Use Element of the Comprehensive Plan. • The proposed zoning lot is located outside an Activity Node in a Ten-year Transition Area designated in the Land Use Element. • The Bradley Company began operations on the premises in 1961, some 23 years prior to adoption of zoning for Cheeks Township. • The company was incorporated in 1981. • The company grades properties in preparation for construction. builds driveways and roads, and installs and services septic systems. • Existing land uses surrounding the proposed zoning lot are: To the North - Mobile home park on the premises and woods To the West - Woods, pasture, and cropland To the South - Pasture and US 70 To the East - Pasture, family residence, woods, and mobile home park on the premises • Air photos of 1974, 1979, 1987, 1991, and 1996, show that the business has consistently been located on about three acres along the western property line, approximately 420 feet to the north of US 70. • In January 1997, the corporation applied for a building permit in to construct an equipment shelter. The application was not accepted because the property is zoned R-1. RECONEWENDATION: Article 20.3.3 of the Orange County Zoning Ordinance requires that the Zoning Officer's recommendations be presented to the Planning Board within 30 days of receipt of the applications. The 30-day period may be 027 extended up to 60 days with written consent from the applicant. The public hearing is the time scheduled for presentation of the Zoning Officer's recommendations. Zoning Officer Recommendation The Zoning Officer recommends approval of an EC-5 zoning lot of 3.2 acres as delineated on the attached map of the property. No decision on the applications is made by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 60 days within which to prepare and submit recommendations to the Board of Commissioners. Failure of the Planning Board to submit recommendations within the required time shall be considered as favorable recommendations, without conditions. Administration Recommendation The Administration recommends that the proposed Zoning Atlas amendment be referred to the Planning Board for recommendations to be returned no sooner than August 4, 1997 028 029 . . . . . . . . . . . . . 12 Co 36 g rn .'. .'. .•. . . ::.•. .••• J+ 0264 . .•.•::.•.'::::::. g 3AC . . . .•.•.•.•. .•.•. .•. .•. 308 '•'•'•'•'•'•'•'•'•'•'•'•'•'•'•' — 0031 •'•'•'•'•'• .•.'.'.'.'.'.'.'.•. 70f9 w 4 Q AC. • • • •••••• ••••••••••••••••••• •• 420 ••. 29 30A •'•'•'. . . . . .'• . . • . • • . • . . . . .•. . . . . . 1 •. . . . . . . . . • •.'.•• i•..'. ••. .•.•. 1 ,4 . •'�.'.'.'.'.'.'.'.'.'.'.'.' .'.'. 661 9674 . . 6780 •.•. .•.•.•. . .•.•.•.•.•.•. . . . . . .•.•.•.•.•.•.• 4.2 9AC 2.391`C. •. . . . .•. . . .•. . . .•.•.•.•. .•.•.•.•.•. .•.•.• •. . • .•.•. ..•. . .•.•.•.•.•.•.•.•.•.•.•.•.•.•.•. 1 a 7 25AC. •'•'•'•:•:•:•'•' '• ''•'''••'•••••'••••••••••'• ara 2i0 a �.�.•.• .•. . .••�� •••'•••••••.�••.•••'•••••• �y 27 • • ••• � ;�:'• •'•'•'•'•••••••'•••'•'•'•' I • :••••:• ••••••• X •'• •••'•'•'••.•••.'••. .•.•. . . .•.•.•.•.•.•.•.•.•.. . ..• •.•.•.•.•.'.•.•.•.•.•.•.•.•.•.•.•.•.•.'.'.•.•.•.•.•.'.•.•.•.•.•.•.•.• AC. 2 AC I • • .•.•...•.•.•.•.....•...•. . .•...•.•.•.• Ti 8C •'•'•'•'•'•'•'•.•.•.•.....•.•.•.•.•.•.•...•...•.•.•. ...•.�.•.• \ •. .•. .•.•.....•.....•...•.•.•.•.•.•.•. .•.•:•.•.. 3.83 \a •.•.•.•• .•.•.•••.•.•.•.•.•.•.•.•.•..•. •.•.• .•. •.•.•.•.•.•,•.•. .•.•.•.•.•.•.•.•.•.•.• 70 AC. v 7 36G \ 209 Aw MAP 30 6A RECOMMENDED ZONING LOT for THOMAS 8t LOUISE BRADLEY (T.H. BRADLEY GRADING AND SEPTIC TANK, INC.) Z-4-97 ZONING ATLAS AMENDMENT Scale 1" = 400 N 11 ORANGE COUNTY, NORTH CAROLINA 0,30 APPLICATION FOR CHANGE OF ZONING DISTRICT Date : 3-5-97 D TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH .CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The property is located on the North side of S .R . # U S 70 ( Street/Road) between S .R . # 1310 and S .R . # 1399 It is known as Lot ( s) 3j , Block n/a of Orange County Tax Map 28 - Cheeks Township . It has a frontage of 700 feet and a depth of . 1560 feet , and contains 1613026 square feet or 37.03 acres . 2. It is desired and requested that the foregoing property be rezoned from Residential to Industrial .3_.- The ..foLLowing information has been _ attached . .in__ support of the application for changing the Zoning Atlas (* - required on all applications) . *a. A fully dimensioned map at a scale of not Lass than one (1) inch _ equals one—hundred (1013) test nor more then one (1) inch equals, twsntf' 1201 Teet--showlWWg 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 alleged error in the Zoning Ordinance, if any, which would be'corrected by the proposed amendment with a detailed explanation of such error in the Zoning At Las and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment reaeonebty necessary to the promotion of the public health, safety and general wslfers. *(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. *(A) 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, pollee, 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 attached. The list is current as of (Data) I certify that all information furnished in this application is accurate to the best of my knowledge . • AppLicant (s) : T. H. Bradley Address : 5419 U S 70 Mebane. N. ('_ 271n2 Phone : 919-563-1812 , \ . � � � ¥ \ � � � a � tn � ¥ ■ ¥ ¥ $ » 0 to # & r 4) o A 0 � t % to » a k a A Q ¥ 0 « iA Q © ® 0 % 0 A \ k a t cn $ % % � . % % a % J.A t % K ° to ' 7 % % l % b 1 t a t s di A � SA CO \ 41 t4 � § to 0 t 3 ■ a ® % � % % . o ■ ® ® u k s a � . 03 T.H. BRADLEY 5419 U S 70 MEBANE, N.C. O 563-1812 Q Gentlemen: Upon reviewing zoning maps it becomes clear that the Zoning Ordinance is in error concerning the tract of land known as 3 .28. . 31 . At this physical location the operation of a grading and septic tank business has been in operation since 1961 . Please note aerial photo, dated 1974, that shows residence and business areas. Enclosed is documentation that concludes this business was in operation prior to September 1984. Thank you, T.H. Bradley 033 Z ------- ----- --------- --- -- - - - --- --------- -- �, `................. CT 1 N W. Q x 'ESANON RD. 1306 W.LEBANON RD. Fox Tit OKA," hfc F Ito. nma WW Nbk4N AL is# x.r. RD. 1144 rA 1146 1.IN, k" THOMAS a LOUISE BRADLEY d.b.a. T.H. BRADLEY GRADING AND SEPTIC TANK, INC. Z-4-97 ZONING ATLAS AMENDMENT Scale 1 4,000 Nft ® ... . ' • ■... i::.•■ ■.• o• •• ui a .r • i• iii:-'•••o�•..• •....::::•u. 2-39 'n. ♦ 44.4:::-••:: •�:.::.............•4 ••:-�...,♦.:::•••:-.• • , ZONING • THOMAS • LOUISE BRADLEY BRADLEY • , , SEPTIC TANK, INC.) • ZONING • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 035 HILLSBOROUGH, NORTH CAROLINA 27278 V 31 INFORMATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: APRIL 22, 1997 SUBJECT: Z-4-97 THOMAS AND LOUISE BRADLEY (T.H. BRADLEY GRADING AND SEPTIC TANK, INC.) GENERAL INFORMATION APPLICANT: Thomas and Louise Bradley for T.H. Bradley Grading and Septic Tank, Inc. OWNER: Thomas and Louise Bradley 5419 US 70 Mebane, NC 27302 LOCATION: 5419 US 70 (Tax Map No. 3.28.31) PROPERTY SIZE: 37 acres PROPOSED ZONING LOT: 6.2 acres EXISTING LAND USE: Commercial, Single-family Home, Mobile Home Park, Pasture and Woods SURROUNDING LAND USE: NORTH - Woods, Mobile Home Park on Premises WEST - Woods and Pasture SOUTH - Pasture and US 70 EAST - Residential, Woods, Mobile Home Park on Premises COMPREHENSIVE PLAN LAND USE DESIGNATION: Ten-year Transition EXISTING ZONING: R-I Rural Residential 036 INFORMATION MEMORANDUM TO: Board of County Commissioners Planning Board DATE: April 22, 1997 PAGE: Two PROPOSED ZONING: EC-5 Existing Commercial a) Intent The purpose of the EC-5 Existing Commercial District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. The following is a list of uses permitted by right in the EC-5 Zoning District: H 1 Day nursery, daycare, private kindergarten H2 Single-family dwelling w/wo efflciency apartment H5 Mobile home dwelling H6 Family care home Accessory uses P4 Bus passenger shelter P7 Church P10 Governmental protective services (police and fire stations) rescue squads, Volunteer fire departments PI X Stealth telecommunications Towers (75 feet or shorter) P21 Schools: dance, art and music P25 Water and sanitary sewer pumping stations S3 Animal hospitals, veterinarians S6 Banks and financial institutions S7 Beauty and barber shops S10 Farm equipment and sales S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S 15 Health services: under 10,000 sf S21 Laundry and dry cleaning services S24 Motor vehicle maintenance and repair (body shop) S25 Motor vehicle sales rental (new and used) S26 Motor vehicle services stations S28 Offices and personal services that attract few customers or clients on premises other than employees, generate low traffic volumes, have no adverse impacts beyond the space occupied by the building S33 Printing and lithography 037 INFORMATION MEMORANDUM TO: Board of County Commissioners Planning Board DATE: April 22, 1997 PAGE: Three S39 Restaurants: carry out S40 Restaurants: drive in S41 Restaurants: general S42 Retail trade, sales, 8z rental of convenience goods, merchandise 8z equipment where no adverse impacts occur beyond immediate space occupied by the building where: A) Operations are designed to attract 8z serve few customers or clients on premises other than employees of the principal use B) Low volume traffic generation (0-200 trips/day) C) All operations entirely within a fully enclosed building with no outside storage S43 Retail trade, sales, 8z rental of convenience goods, merchandise 8z equipment where no adverse impacts occur beyond the boundaries of the lot where the use is located: A) Medium traffic generation (200-300 trips/day) S50 Storage of goods, outdoor S51 Storage and warehousing, inside building S53 Wholesale sales S58 Special Events (less than 150) The following uses are allowed with a Class A Special Use Permit in EC-5: P16 Public utility stations and sub-stations, switching stations, telephone exchanges,water and sewage treatment plants P1 71B Telecommunications towers (200 feet or taller) The following uses are allowed with a Class B Special Use Permit in EC-5: H7 Group care facility P3 Buildings; portable P17 Elevated water storage tanks PI 7A Telecommunications towers (199 feet or shorter) P22 Transmission lines 038 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT 1, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On or about May 9, 1997, 1 sent by Certified Mail, postage prepaid, a Notice of the Public Hearing to be held on Tuesday, May 27, 1997, at 7:30 pm at the New County Courthouse at 106 Margaret Street in Hillsborough, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against Zoning Atlas Amendment Z-4-97 requested by the Orange County Planning Department to rezone a tract totaling 6.2 acres situated entirely on the property of Thomas and Louise Bradley (T.H. Grading and Septic Tank, Inc.) at 5419 US 70 (Tax Map No. 3.28..31). The notice was sent to 22 property owners who hold title to 31 parcels which lie within 500 feet of the Bradley property. A list of the parcels and their owners lying within 500 feet of the property requested for rezoning and their owners is attached. James R. Hinkley, f�N,EVgrB Zoning Officer T� ',.� � r = , BVA ATTEST: 1 Evans Notary 039 Z-4-97 Cheeks Township Atlas Amendment Proposal of Orange County Planning Department AFFECTED PROPERTY OWNERS within 500 feet Page One of Two Tax Man Number Pro,pmr Owners and Addresses 3.12..15C William Eugene et Joyce F. Scott 5526 US 70 Mebane, NC 27302 3.12..18A Tommy M. 8t Susan R. Scott 3.28..29 5509 US 70 3.28..28A Mebane, NC 27302 3.28..30 Lessle Ray Miller 3.28..30A 5505 US 70 Mebane, NC 27302 3.28..32 Eula M. Shanklin 3.28..33 Thomas Shanklin 5223 US 70 Mebane, NC 27302 3.28..34 Clyde D. Hunley 5217 US 70 Mebane, NC 27302 3.28..35 William David Riley 3.30..8 933 S. 5th Street Mebane, NC 27302 3.28..36 lack E. at Sandra F. Metcalf 3.28..36H 200 Metcalf Drive Mebane, NC 27302 3.28..36A Robert Miller 5207 US 70 Mebane, NC 27302 3.28..36C WII Corn Truck Lines 3.28..37 403 Orange High School Road Hillsborough,NC 27278 3.28..36E Gabe Laws Miller 3.28..36G 226 Metcalf Drive Mebane, NC 27302 040 Page Two of Two Tax Man Number Prooem Owners and Addresses 3.28..38 John A. Miller 5225 US 70 Mebane, NC 27302 3.30..1 James R. Combs, Sr. 611 N. Charles Street Mebane, NC 27302 3.30..2 Etta G. Tuck 5502 US 70 Mebane, NC 27302 3.30..3 Randy et Diane T. Graham 2475 Lynch Store Road Mebane, NC 27302 3.30..4 Lillie Mae Thompson 5410 US 70 Mebane, NC 27302 3.30.4A Dora F. Willis do Jimmy Thompson 2161 Mebane Oaks Drive Mebane, NC 27312 3.30..5 Blanch Faulkner 5320 US 70 Mebane, NC 27302 3.30..6 Samuel Richard at Machelle L. James 6516 Penecost Road Cedar Grove, NC 27231 3.30..7 John at Deborah Santucci 5321 US 70 Mebane, NC 27302 3.30..12 Evelyn Sechrist 5404 US 70 Mebane, NC 27302 3.30.,13 Thomas W. at Diane R. ThroneburB 5400 US 70 Mebane, NC 27302 3.31.A.I Jerry D. eL Alease R. Coble 2122 Pear Street Greensboro, NC 27401 3.31.A.2 Troy W. ar Doris H. Lloyd PO Box 86 Efland, NC 27243 041 . i r o i o Z � Y Y O � r ZoOGp a� p y V � �0 z go •• o Z � W 1 jy Z�Z �'' .ryON G i 4dt 3 e C Glit - 10 �y pp uj I I OO A4 r- ,^ o D t„ Qo m � 042 N p O Z O O p ZI I ZI ZI Z W ZOO c L c c O' O C a C c c ;2 w 0 0 ° ~ r U c d w CL y aci aEi G „ O y .� A C E H W A p � me � � s 41 = N w a H d „ 'O o G A A _ A CA V O s n 0 N v1 A W .Z N W CL'C A y W .� 3 L A A A o v a -� �► p £ Ed me -«3„ cCL a > ss9 xA � ; E dQ U. W p Z Z z Z H<W CC N z o 4A I I o xl XI XI xl ci A a > L E A - „ d o a a 3 � H � a' sagi3Z � E as �zv G �. L- :2 °� L N O r' Li drA � s $ a � a A i O y � $ P c p a H E � _° COL vim =° 0 A r5 F- � $ seeaof U �L` be Av ar- E � Z $ ai vA E . •7 3 N d r N 0 s C V [S Z L -0 Z a sm CELL' c �. -0 0 os00o33z tnc� �.T+ 3a °+ `C3 wo ; oea+ � L a.! = SE a Va`i3A2ca MoN Vc �' N £ � �v = CL Ewan+ WE .2a, � oE 2 av IIV3 0 -sL- - a °' Er+ = sue ,: veo �, wEd �`v0 `^ AAA � 3AFcC� � A A F- AoA � a� a F- vccA � -- C4