HomeMy WebLinkAboutAgenda - 08-04-1997 - 8l 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 4. 1997
Action Agenda
Item # _
SUBJECT: Z-3-97 Ruth Cook Woods
DEPARTMENT: PLANNING PUBLIC HEARING: Yes_x—No
BUDGET AMENDMENT REQUIRED: Yes_x No
ATTACHMENT(S): INFORMATION CONTACT:
Eddie Kirk
Application Extension 2582
Vicinity Map
Staff Findings TELEPHONE NUMBERS:
5/27/97 Draft Public Hearing Minutes Hillsborough 732-8181
Letter received by Planning Staff Durham 688-7331
7/2/97 Draft Planning Board Minutes Mebane 227-2031
Chapel Hill 967-9251
PURPOSE: To consider 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 Residential-4 (R-4).
The parcel is undeveloped and the surrounding property to the north and west is
undeveloped. The property due north is zoned R-2 and the property to the west is
R-1. Stagecoach Run Subdivision is due south and zoned R-1. The eastern
property line abuts Ruth Cook Woods and Wildwood subdivisions, both zoned R-
4.
2
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
1%, and the steepest slope on the property is approximately 12.5%in the
northwest part of the tract. The average slope of the property is 7%.
The Hillsborough 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.
Public Hearing Comments
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on May 27, 1997. There were no comments
at the meeting. J. D. Cecil and Terry Woods indicated their support for the
proposal.
A letter supporting the proposal was received from Boone Commercial Properties.
They represent Hurley Parrish, owner of the property directly west of the tract
proposed to be rezoned. Discussions are underway with Mike and Terry Woods
about obtaining access through the rezoned property when it is developed. The
County would not be involved in considering development possibilities in the
rezoning process. Development design would be considered when a subivision
proposal is submitted for the property in the future.
On July 3, 1997 the Planning Board unanimously recommended approval of the
request for a Zoning Atlas amendment from Rural Residential (R-1)to
Residential-4 (R-4)per the attached findings.
RECOMMENDATION: The Administration recommends the County Commissioners close the Public
Hearing and approve the request for a Zoning Atlas amendment from Rural
Residential (R-1)to Residential-4 (R-4)per the Planning Board recommendation.
ORANGE COUNTY, NORTH CAROLINA 3
APPLICATION FOR CHANGE OF ZONING DISTRICT
Date 17]
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 prg perty is located on the C.JCSj side of S .R . T
( G. f Iw j 45(.r,, _'
between S .R . = 52 2710 and
S .R . It is known as Lots ) -7– Block — of
Orange County Tax Map �1,�– Lfi�6 Township . It has a frontage
of 'y S�' ' feet and a depth of GSf fast , and contains
square feet or acres .
2 . It is d sired and requested that the foregoing property be rezoned
from
- / to
3 .- The foLLowing information has been _ attached _ .in_ support of the
application for changing the Zoning Atlas ('� - required on all
applicar, ions) .
•e. A fuLLy dimensioned map at a scale of not Less than one (11 inch
equals one—hundred (1001 feet nor more then one (1 ) inch equals.
twenty' C 20 feet "ahowfn'q °'t-he Lend which is proposed to be
rezoned.
'b. A legal description of the Land proposed to be rezoned.
'c. A statement or justification addressing one or more of the
foLLowing:
(11 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 Atlas and detailed
reasons how the proposed amendment wiLL correct the error.
(21 The changed or changing conditions, fr any, in the area or
in the County gonereLLy, which make the proposed amendment
reasonably necessary to the promotion of the pubLic health,
safety and ganereL 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.
•(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, poLice, rescue and utilities *gone iasI
assuring sary ices prevision capsoILicy to the deveLopsenc.
d. A List of alt fndtviduate, firms or corporations owning property
adjoining or within five hundred (5001 feat of the property
sought for rezoning is attached. The List is current as of
(04ca1
I certify that aLL information furnished in this application is accurate
o the best of ray knowledge . '/
pp Licant (s) :��i� <+Z '/�la
ddress : /W- lj��
Ions :
4
J
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.
5
TO: Eddie Kirk, Planner
Orange County Planning Department f
FROM: Ruth Cook Woods, Owner
DATE: May 14, 1997
a
SUBJECT: Rezoning Request for Tax Map 4.45..25
iT
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 Grange County agencies that assure their
services to this development.
6
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Town
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ills gh
Sime 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.
Thomas E. E arty ,
Town Engin�er
cc: Allois Callemyn
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-2104 • Fax- 91.9-#144-2390
8
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 Wood' s Sub Division
NC 86 Highway
The Orange County Sheriff' s Office has been asked if we
could provide law enforcement services to the property indicated
above.
We 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.
Sheriff Lind Pendergrass
9
Y
Orange County Emergency Management
P.O. Box 8181
Hillsborough
North Carolina
27278
9-1-1 Communications Emergency XMedicalServices
24 Hour Warning Point Fire.Marshal
732-8161 933-2600 ` ° Hazardous Materials
644-3030 968-2050
Fax Machine
968-4066
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
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
r` s
R
4
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 RESIDENTIAL-4
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 R-4
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.
12
MEMORANDUM-Woods
Nlay 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-l.
The intent of the Residential-4 (R-4) District is provided in Article 4.2.4 of the Zoning
Ordinance.
tent
The purpose of the low and medium intensity Residential (R-2, R-3, R-4) 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 13
May 27, 1997
Page 3
H12a Temporary Mobile Home
Accessory Uses
H13 Tourist Home
P2 Botanical Gardens and Arboretums
P4 Bus Passenger Shelter
P7 Church
P 10 Governmental Protective Services
P 14 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
P 17B Telecommunication Towers 200 Feet or Taller
The following uses are allowed with a Class B Special Use Permit:
H1 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
P 17A Telecommunication Towers 199 Feet or Shorter
P22 Transmission Lines
S34 Recreational Facilities (Non-Profit)
14
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I ORANGE COUNTY BOARD OF COMMISSIONER
2 AND
3 ORANGE COUNTY PLANNING BOARD 19
4 MAY 27,1997
5 MINUTES
6
7 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session
8 on Monday, May 27, 1997 at 7:30 p.m. in the Superior Court Room• Hillsborough, North Carolina,for the purpose of
9 holding a joint public hearing.
10
11 ORANGE COUNTY COMMtSSIONER4 pRES NT• Chair WBliam:L Crowther, and members Margaret W.
12 Brown,Alice M. Gordon. Stephen H. Halkiobs and Moses Carey, Jr.
13
14 ORAt+IGE COUNTY CONNSSIONERS ARSFNT• None
1S
16 OSANgr=COUNTY PLANNtNC BOARD MEMBERS PRESENT., Chair Karen Barrows, and members
17 S.AM. Brooks, Robert Strayhom, George Allison, Elizabeth Walters, Paul Hoecke,James Selkirk, Renee Pace,
18 Libby Searles. and Howard McAdams,Jr.
19
20 ORANGE COUNTY PLANNING BOARD MEMBERS ABSENT: Nell Andrews and Arnie Katz.
21
22 COUNTY_ ATTORNEY PRESENT* Geoff Gledhill
23
24 STAN PRE_ SENTe, County Manager John Link, Deputy Clark to the Board Kathy Baker.Assistant County
25 Manager Rod Visser, Planners Jim Hinkley, Eddie Kirk, Emily Cameron, and Mary Willis.
26
27
28 OPENING REMARKS FROM THE CHAIR
29 Chair Crowther convened the meeting and welcomed those gathered.
30
31 PUBLIC QHA9Q
32 Chair Crowther dispensed with the reading of the Public Charge
33
34 Karen 9arrow%. Chair of the Planning Board,requested that Planner Eddie Kirk present the first item.
35
36 PUBLIC HEARING ITEMS
37 1. Zoning Atlas Amendments
38 (a) Z-3-97 Ruth Cook Woods
39 This item was presented by Planner Eddie Kirk for the purpose of receiving citizen
40 went on a proposed Zoning Atlas amendment in Hillsborough Township requested by Ruth Cook Woods. The
41 property proposed to be rezoned is 7.83 acres. It is boated off the west side of NC 88 at the end of Skogen Lane.
42 Skogen Lane is an existing paved public road constructed in 1984 with Ruth Woods subdivision. It is looted about
43 500 feet south of the soothe nrnost entrance into Wildwood Subdivision. The 7.83 acres is currently zoned Rural
44 ResidettM(R-1). The applicant proposes to rezone ft property to Residential-4(R-4). The parcel is undeveloped
45 and the surrounding property to the north and west is undeveloped. The property directly north is zoned R-2 and
46 the property west is R.I. Stagecoach Run is directly south and zoned R-1. The eastern property line abuts Ruth
47 Cook Woods and Wildwood Subdivision,both zoned R-4.
48
49 COar11K=A MR QUESTIONS F OM THE BO ae Or COMM MIIOMM.: None.
50
51 COMKQM ANWR QUFSTMNS FROM TIDE PLANNNO 130AR101i None.
52
33 Name.
54
55 An KAkx was made by Commissioner Carey, seconded by Coewrtissimm Hapcieft,lo refer this item to the
S8 Phww*V Board fora to be returned to the Board of Cort+mlvioners n0 sooner flier August 4,
57 1997.
58 VOTE: UNANiM01U3
59
60 (8)•Z-4-W T. H. Bradley
20
BooIVE COyLNIERCIAL PROPERTIES
POSE Office Box 19488
Raleigh, North Carolina 27619
(919) 766-5799
Fax 755-3809
Nlay 30, 1997
Orange County Board of Commissioners
Orange County Planning Board
Post Office Box 8181
Hillsborough, NC 27278
Re: Z-3-97 and Access to the Parrish Land
Dear Board Members:
My firm represents the owner of the property adjacent to and west of the Woods property, the
subject of the Zoning Atlas Amendment, Z-3-97. Hurley Parrish, owner of the land my firm
represents (Map 45 Parcel 3), would like to sell this 119-acre tract. A major limitation to selling
this land is lack of access.
After the Public Hearing last Tuesday (May 27, 1997), I met with Mike and Terry Woods to
discuss their thoughts on access to the Parrish property through the Woods property. Since their
current focus is rezoning, they did not have a preliminary subdivision plan that I could study.
In a conversation with Emily Cameron of your planning department, she told me that Orange
County does not automatically require an adjoining property owner to provide access to a
neighboring property during the subdivision review process. It is our desire to work with the
Woods so that when they are ready to submit a subdivision plan, it would provide access to the
Parrish property. We have made our request known to the Woods family.
Ms. Cameron suggested that I write you, since public comments and concerns may still be heard
prior to the Planning Board meeting in June. It is our understanding that the subdivision
approval process does not require a public hearing; therefore, we thought it prudent to call this to
your attention during the rezoning request period.
Individual Member Commercial & Industrial Sales-Leasing-Development
21
Page 2
May 30, 1997
We hope that Orange County will give consideration to our need for access through the Woods
property. Thank you in advance for studying this situation. For the record, we do support Z-3-
97.
Sincerely,
010",
Robert P. Boone, Jr.
cc: Hurley Parrish
Eddie Bland
Mike and Terry Woods
2707 NC 86 S.
Hillsborough, NC 27278
7-2-97 Draft Planning Board Minutes 22
a. Zoning Atlas Amendments
(1) Z-3-97 Ruth Cook Woods
Presentation by Eddie Kirk.
The property proposed to br.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 Residential-4(R-4).
The parcel is undeveloped and the surrounding property to the north and
west is undeveloped. The property due north is zoned R-2 and the property
to the west is R-1. Stagecoach Run Subdivision is due south and zoned R-
1.The eastern property line abuts Ruth Cook Woods and Wildwood
Subdivisions,both zoned R-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 slope on the property is
approximately 12.5%in the northwest part of the tract. The average slope
of the property is 7%.
The Hillsborough 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 R4 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 Comprehensive Plan.
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on May 27, 1997. There were no
comments at the meeting. J.D.Cecil and Terry Woods indicated their
support for the proposal.
A letter supporting the proposal was received from Boone Commercial
Properties. They represent Hurley Parrish,owner of the property directly
west of the tract proposed to be rezoned. Discussions are underway with
Mike and Terry Woods about obtaining access through the rezoned
property when it is developed. The County would not be involved in
considering development possibilities in the rezoning process.
23
Development desip would be considered when a subdivision proposal is
submitted for the property in the future.
The Planning Staff recommends approval of the request for a Zoning Atlas
amendment from Rural Residential(R-1)to Residential-4(R-4) per
findings(an attachment to these minutes on pages ).
Searles asked for clarification of the Ten-Year Transition. Kirk explained
that transition areas were designated at the time the Land Use Plan was
adopted in 1981. The transition areas are lands that were expected to
develop at residential densities.
MOTION: Walters moved agreement with Staff findings on Article 20. Seconded by
Brooks.
VOTE: Unanimous.
MOTION: Hoecke moved agreement with Staff findings on Article 4. Seconded by
Andrews.
VOTE: Unanimous.
MOTION: Strayhom moved approval of the rezoning as recommended by the
Planning Staff. Seconded by Selkirk.
VOTE: Unanimous.
(2) Z-4-97 Thomas&Louise Bradley
Presentation by Jim Hinkley.
Th is item is to consider a request to rezone a 6.2 acre lot from R-1 Rural
Residential to EC-5 Existing Commercial in Cheeks Township.
The proposed rezoning involves a portion of a parcel owned by Thomas
and Louise Bradley 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,
in the Efland Community.
The property owners have requested that a 6.2 acre portion of their property
be rezoned to recognize an existing business which was located on the
property prior to the zoning of Cheeks Township on October 1, 1984.
The current land use in the northern three-acre portion of the requested
zoning lot is dedicated to the existing business where sheds are located and
rolling stock,equipment,and materials are stored. The southern three-acre
portion of the proposed lot lies in pasture.
Existing land uses surrounding the proposed zoning lot are:
To the north-Mobile home park on the premises and woods
To the west -Woods,paswre,and cropland
To the south-Pasture and US 70
i>R