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HomeMy WebLinkAboutAgenda - 08-04-1997 - 9a 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4. 1997 Action Agenda Item # q-p SUBJECT: Z-4-97 Thomas and Louise Bradley, d.b.a. T.H. Bradley Grading and Septic Tank, Inc. DEPAR'T'MENT: PLANNING PUBLIC HEARING: —X—Yes No BUDGET AMENDMENT REQUIRED: Yes _X_ No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley, X2584 Findings of Fact TELEPHONE NUMBERS: Application Hillsborough - 732-8181 Site Maps Durham - 688-7331 Public Hearing Minutes 5-17-97 Mebane - 227-2031 Planning Board Minutes 7-2-97 Chapel Hill - 968-4501 General Information Memorandum PURPOSE: To consider a request to rezone a 6.2-acre lot from R-1 Rural Residential to EC-5 Existing Commercial in Cheeks Township. BACKGROUND: 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, 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. • Zoning was adopted for Cheeks Township on October 1, 1984. r • 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. • 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, 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. 3 Planning Staff Findings Findings of Planning Staff review of the rezoning proposal follow: 1. An error was made with respect to the property when zoning was adopted for Cheeks Township on October 1, 1984. 2. Rezoning to EC-5 would be compatible with the stipulations set forth for businesses in operation on the effective date of zoning. The Comprehensive Plan would = need to be amended. 3. Thirty-three uses are permitted by right in the EC-5 Zoning District. One use requires a Class A Special Use Permit with approval of the Board of County Commissioners, and three require a Class B Permit with approval of the Board of Adjustment. Any of these uses, either by right or under special conditions, could be allowed on the proposed zoning lot. Listed uses in the EC-5 district are given in the attached General Information Memorandum to the Board of County Commissioners and the Planning Board. Public Hearing Summary A joint public hearing on the rezoning request was held by the Board of County Commissioners and the Planning Board on May 27, 1997. No comments were heard from the public. Questions from the County Commissioners and Planning Board pertained to clarification of points on location, access, and requested size of the zoning lot. Planning Staff Recommendation The Planning Staff recommends approval of the rezoning per the attached findings and the following conditions: 1. That the zoning lot be located where the existing business was apparently being conducted on the effective date of zoning for Cheeks Township (October 1, 1984), and on the one and same location where the business was being conducted on the date of the Application for Change of Zoning District (May 5, 1997). This recommended location is depicted on the attached map titled Recommended Zoning'Lot for Thomas & Louise Bradley; and 4 2. That the acreage of the zoning lot be limited to 3.2 acres (462' X 300') the southern boundary of which lies 420 feet north of the right-of-way line of US 70 as shown on the abovementioned map. (The acreage as shown on the attached map is the same as described above and is the same area staff would have recommended in 1984 at the time Cheeks Township was zoned.) Planning Board Recommendation The Planning Board considered the proposed rezoning of 3.2 acres on July 2, 1997, and approved the rezoning per the attached findings. The vote was unanimous. RECOMMENDATION: The Administration recommends that the Board of Commissioners close the public hearing and approve the proposed rezoning per the Planning Board recommendation. 5 C J- 0 . . . . . 12 36 g J+ 0264 . . . . . . . . . . . . . . . oo . . . . . oo . 00 . o . . . . . . . . . . . . . . . . . .0031 70F9 Ac. '.'.'.'.'.'. .'. .'.' . . . . . . . . . . . . . .•.•. . . . .•.•.•.•. . .•. 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BRADLEY 5419 U S 70 MEBANE, N.C. 563-1812 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 �© 7 \ . � c � . � ¥ ® � > m � o ¢ r � < A ® $ + % ® rD d � a � � « � ■ . « � � _ \ � k % % � � ¥ < ■ %AA % ° ® \ \ k J.A Cn ca \ & CL ,. _ a % � A % # CA m ® # & & � a « ■ uA Aw CA & 3 s o ■ $ ® c ¥ .4$ to o 4 v a o & Q i0a 8 ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT �. Date : 3-5-97 O 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 .A . # 1399 It is known as Lot (s) 31 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 f rom Residential to Tnd ,s r; al 3 .- The foLL.owing information has been - attached . .in--• support of the application for changing the Zoning Atlas (' - required on all applications) ._.. -- — - *a. A fully dimensioned sap at a scale of not Less then one (1) inch equals one—hundred (100) feet nor more than one (1) inch aqueLa twenty- 1201 feat--showir'g•---the Land -which is proposed to be rezoned. *b. A LspaL description of the land proposed to be rezoned. *c. A s'tstement of Justification addressing one or more of the following: (1) The aLLeged error in the Zoning Ordinance, if any, which would be'correeted 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 area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welters. *13) 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 agencies) assuring services provision capebiLity to the development. d. A list of slL individusls, firms or corporations owning property adjoining or within five hundred (5001 feet of the property sought for rezoning is attached. The list is current as of (Dose) I certify that aLL information furnished in this application is accurate to the bust of my knowledge . Applicant (s) : T. H. Bradley Address : 5419 U S 70 Mebane, N. r_ 77-An7 -- - Phone : 919-563-1812 ca Z--------- ------ — CT ,cm W. -t5A140N R(o). 1306 W.LEBANON Ro. s. YORK FO=M lass OIL N 1400 am" F FA W. .me L Man" xt 1301 I On. osm Saw 85 \" i i a Rt). 1144 0000— 0. 45 THOMAS 8X LOUISE BRADLEY d.b.a. T.H. BRADLEY GRADING AND SEPTIC TANK,, INC. Z-4-97 ZONING ATLAS AMENDMENT Scale 1" = 4,000 Nft • .IIII.•I.11..•.-1.I•.I.11111 111::-•`•I..:•.•..::.. .rou •. :::••::::.. :i: ....ii:::i•. • +::::f\::::::-•I�f::::-i • •.I��X111/r/::wf..w• •w.1.w:•.If1:..•Ilfl.::.I..:.a::.:-..f:.r:-•:j ....:../.......1:.:r:11./.111 1:-•I.w.r.:/.: C6 E) ..f�.r:•f.��...... /..-a- -� =� 1 III+.....■ .\/........:::...f.\.+.. .. ....f.....1 ••f.......r..= 11..1//+ .fI\-.f.\-•..\1....:; ��::I w:.a:.w.:\..-•I.If..-/II\:./••+r:.`....:.1;..• 4.2 9AC N ;��--- :wa-•-•-:,• •-:::-:::::-:::::-�•:�i::::::---is......f .... .r1• i...i:i:rar.r.awu w •:::- r +..1::ar:I.ra::1 I:11.r.I.:f\-- •/..\.:I:r•-•/..:.a.�i � . .1I+•;:_/::11`.......;x:\-: .• . " x.11._•;�_.;Ir.af ar � I 1 REQUESTED ZONING LOT i THOMAS ex LOUISE BRADLEY BRADLEY r AND SEPTIC TANK, INC.) Z-4-97 ZONING W ' JLN-1 7-1'3`37 12:54 90C /MFPNFCGER 11 (B)2-4-87 T. H. Bradley 5/27/97 Public Hearing Minutes 1 This item was presented by Jim Hinkley in order to receive citizen comment on a citizen 2 request to correct an error in the Zoning Atlas in Cheeks Township. The proposed rezoning involves a portion of a 3 parcel owned by Thomas and Louise Bradley. It is located at 5419 US 70(Tax Map No. 3.28.11), betww Frazier 4 Road to the west and Efland-Cedar Grove Road to the east. The exmting zoning disWct is R-1 Rural Residential 5 The proposed zoning district is EC-5 Existing Commercial. The property owners have requested that a 6.2 acre 6 portion of their property, as shown on the attached map, be rezoned to EC-5 to recognize an wdsting business 7 which was located on the property prior to the zoning of Cheeks Township. In January 1997, the corporation 8 applied for a building permit in order to construct an equipment shelter. The application was not accepted bemuse 9 the property is zoned R-1. Air photos from 1974 through 19%, show that the business has consistenty been 10 located on about three acres along the western property line, approximately 420 feet to the north of US 70. 11 12 COMMENTS AND/O OUES77ONS MIN THE BOARD OF COMMISSIONERS: 13 14 Commissioner Carey asked how it was possible to determine how much of this parcel had been used by the 15 business in years past Hinkley replied that they were able to determine that by reviewing aerial photographs taken 16 over the years. The remainder of the land appeared to have remained in pasture and woods. However, Mr, Bradley 17 has Indicated that he had from time to time used an additional portion of that land to stone gravel, stones and other 18 materials used for fig in septic Aelds. 19 20 COMMeNTS A_N01AR aues !DNS FROM THE PLANNING BOARD: 21 22 Planning Board member Renee Price asked about access to the business. Hinkley indicated that areas 23 was from US 70 and skirted the west side of the property. 24 25 COMMENTS AND/OR 9UPSTIONS FROM WIZENS: None. 26 27 A motion was made by Commissioner Carey.seconded by Commmior r Gordon,to refer this item to the 28 Planning Board to be resumed to the Board of Commissioners no sooner than August 4, 1497. 29 VOTE: UNANIMOUS 30 31 2. Zoning Ordinance Tent AnmtdmwW 32 (a)Economic Deveknxnent District Design Manual 33 1) Perimeter Buffer 34 • Article 3.2. Landscape Design 35 This item was presented by Planner Mary Willis in order to receive citizen comment on an 36 amendrnent to eliminate the 100-foot buffer requirerrierd along the perimeter of an Economic Development District 37 (EDO)which abuts an EDO adopted by another Planning jurisdiction. Article 3.2 Landscape Design(page 3.2.8)of 38 the EDO Design Manual requires a 100400t butler around the perimeter of an EDO in order to separate 39 incompatible uses. The northernmost portion of the orange County I-40/Ok!NC W EDO on the west side of Old 40 NC 80 between Cates Creek and Oakdale Drive consists of a narrow limp of propertlea,rangkn9 front 300 bet to 41 500 feet in depth. On August 28, 1995.a proM"m elirwate the WW requitement beWW two adjacent EODs 42 wes presented floc pulft bearing. On October 2, 1995.the Board of Conwnissionets tabled the Item. There has 43 been no further Board action. The previous d1samion on the issue of the po trteter buffer by the Board of 44 Commtsisioners and the Pbruting Board wxkatss concern for creating a desirable entranceway into Hillsborough. 45 The Design Manual includes other standards that relate cram directly to this concern. The perimeter butter was 46 We for a specific purpose not directly mb tpd to entrancew2y issues 47 48 49 s0 Chair Crowlfta asked d VIM request would apply to the right hand septc se waL Mary VW6s replied that R 51 world apply when!prtermy was adjacent to secondary but not where prinrry was adjsca 1 to prhm w. She 52 im*awd that the staff nor the Town of Mibborough is**Palau*of 0`1400 cKSrrges. if changes are adoDeed.thtr S3 NaIsbw ugh Board d Catwnasim ms wig consider wk is drug Moss sane changes so that the martuaK would rn m.- 54 She also chained what the depth of vw Wiftrs would be for Ow area if these changes were adopted. 55 No 57 12 0 Z\o a \ Y 7C\ t+> N Y\ �m o .� iut)o r a O� 'C G 4 a —'a y� 4 O y 4 q 9e� �dus� o Z m w$ E o C � o o Ira � m vo i o r V Y\ \ et, o• � O Zvm \ 2� v3 r v Q t. 0 � V _ so. a to 4� at G °, y, o ,Ea i � am4 � `'� o� p $ yv a w to Sm s, ro- gj �A to 1 'r-Ir co 13 o z z z z ujW z z a z ° o QV X X X X amp I I ai c `o co0m y� o` Z c � C O V r a c — � O d �+ a•�. C > a A C V c Y py G! p' an c O u O mac O ev c o O W M C ° v E a+ O f A CL U ° o v °J aaEa o �� c.0 W E E o 0° = CL °.' o N "0 a c. E E O O ° z z Z �...H W z 0 zz � Z c H XI xI XI XI 0. U- o I I I I ci A a ,; v p i a > y ra p N c a p �. v g c v H " c c O c c = ` ^ O �' a ` E ev a a `b' ai r5 `o H A N a ° .E a a s o �o d — N �.. o y ` ai N y A X A N g a C N V W a a + O 'G F- $ u.► •c '0 -0 ssaiZ �+ ° s ai d' s ai w �n N N a 7 «+ c A 3 °3.n o oea x W 06 a e v 10 -0 06 o o 10_ 2 E a v° O ° w Q , CL 0 W a 3 �eoL8 eVniaa�, acE � Ng as SEA co W0Ncav v ea � E " c Aa. a+ ^ v v c � A � a, -0 o 'N g c T L = c o AL v a � $ a 7 N y en a�7 N > X N m U V H i a A N _= g O d a G. GNJ N O " O 4u lu a s C N v a a «+ p � �. a C ° w O ,�, H v ` 3 o Q E v .ss w ,� a o°Jn T O YC N O g p c = O V Q 1e 0 .0 N i+ C 0J " 6! " 7 _ w o 3 L 4 'C E y 2—>' a W E O y .�+ O E �+ O p a e �-' E � e, 5 �� N o a c «. a a� E >> e`o o E `i' U -� R A CL o = s � � CO D u t O L c 'as c �i Q 3 en 1- U ee a !- eo 0 eo N a Q � 1-- a— A V 16 Searles asked what options were available to Mr. Bradley. Hinkley responded that it is a Ten-Year Transition Area primarily residential. However, being a transition area, the allowable density would be higher. Price asked why the driveway was not included in the EC-5 designation noting that the lot appeared to be landlocked. Hinkley responded that the lot has access and is all in one ownership;this is a zoning lot,not a property lot. Strayhorn asked how it would have been handled in 1984 in preparation for the zoning of Cheeks Township. Willis responded that the area that was in use at the time would have looked at to determine what zoning lot should have been placed there to accommodate the use as it existed at the time. Also,efforts are made to consider small changes and improvements that would need to be made over time. She continued that there was no information or evidence that the three additional acres being requested by Mr. Bradley was a part of the use prior to zoning in 1984. The purpose of an EC-5 district is to accommodate business that existed and allow for reasonable growth and not have them become non- conforming. Discussion continued regarding the amount of acreage that was actually involved in the business. Barrows noted that the purpose of this rezoning request was to correct an error and she felt that the recommendation by the Planning Staff would address that concern. Price expressed the concern with possible further subdivision of the tract and the need for access. Hinkley responded that, if the property were subdivided at a later date,there would be a requirement for access to US 70. Price continued asking if the driveway could be included in the EC-5 designation. Collins explained that, if the driveway were included in the EC-5 designation and there were further subdivision, there would be a 50- foot strip where equipment and materials could be stored. This would not be in keeping with surrounding residential development to have such a strip, and it could be used for whatever EC-5 allows. At the present time, this is only used as a driveway. MOTION: Brooks moved agreement with Planning Staff findings on Article 20. Seconded by Hcecke. VOTE: Unanimous. MOTION: Brooks moved agreement with Planning Staff findings on Article 4. Seconded by Hcecke. VOTE: Unanimous. MOTION: Allison moved to accept the Planning Staff recommendation to rezone 3.2 acres to EC-5. Seconded by Katz. VOTE: Unanimous. b. Zoning Ordinance Text Amendments 17 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 v v �a 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 18 r INFORMATION MEMORANDUM TO: Board of County Commissioners Planning Board DATE: April 22, 1997 PAGE: Three S39 Restaurants: cant'out S40 Restaurants: drive in S41 Restaurants: general S42 Retail trade, sales, 8L rental of convenience goods, merchandise 8r equipment where no adverse impacts occur beyond immediate space occupied by the building where: A) Operations are designed to attract 8L 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, 8t rental of convenience goods, merchandise 8L 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 SS8 Special Events (less than 150) The following uses are allowed with a Class A Special Use Permit in EC-S: P16.,...,,.P-vblic utility stations.and sub-stadons;..switdiing stations, telephone --.-• - exchanges, water and sewage treatment plants PI 78 Telecommunications towers (200 feet or taller) The following uses are allowed with a Class B Special Use Permit in EC-S: H7 Group care facility P3 Buildings; portable P17 Elevated water storage tanks PT 7A Telecommunications towers (199 feet or shorter) P22 Transmission lines