HomeMy WebLinkAboutAgenda - 11-24-1997 - C2(a) 63J
ORANGE COUNTY
BOARD OF COUNTY COMtiIISSIONERS
and
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 24, 1997
Action Agenda
Item # ,
SUBJECT: Z-7-97 Charlie & Amber L. Chang
DEPARTMENT: PLANNING PUBLIC HEARING X Yes No'
BUDGET AMENDMENT REQUIRED. Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley, X2584
Applications TEL ONE NUMBERS:
Vicinity and Site Maps Hillsbo-ough - 732-8181
General Information Memorandum Dur - 688-7331
Certificate of Mailing Mebane -227-2031
Staff Findings Chapel Hill - 968-4501
PURPOSE: To receive citizen comment on a request to amend tjie Zoning Atlas.
BACKGROUND: The proposed rezoning entails a parcel owned by C1 arlie 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 1 34) and Coleman
Loop Road South (SR 1332). Existing zoning is AR Agricultural-
Residential. Proposed zoning is I-1 Light Industrial.
The Changs have requested that their three-acre parc 0, as shown on the
attached map, be rezoned to I-1 in accordance with Land Use
Element of the Comprehensive Plan for Orange Com ity.
040
• The I-1 Light Industrial Zoning District intent 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 Rural Industrial Activity or Industrial Transition
Node.
The property is located in the Rural Industrial Activity
Node centered on the intersection of NC 86 North and
Coleman Loop Road South (SR 1332), as designated in
the Land Use Element.
2, The size of the lot must be appropriate to the method of
water supply.
The three-acre parcel is capable of adequately
accommodating an individual well and septic system.
3. There must be direct vehicular access to an arterial or
collector street designated by the Transportation Element
of the Comprehensive Plan.
The property fronts for 198 feet along the east side of
US 86 North which is designated as an Arterial in the
Transportation Element.
• Existing land uses surrounding the proposed zoning lot are:
To the North - Wooded in young pines, McBroom Used 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 - Wooded and pasture
04i.
RECOMMENDATION:
Article 20.3.3 of the Orange County Zoning Ordinance requires that the
Zoning Officer's recommendations be presente to the Planning Board
within 30 days of receipt of the applications. TI.e 30-day period may be
extended up to 60 days with written consent fro n the applicant. The
public hearing is the time scheduled for presen tion of the Zoning
Officer's recommendations.
Zoning O fficer Recommendation
The Zoning Officer recommends rezoning the Ch ng property from AR to
I-1, as delineated on the attached map of the pr erty.
No decision on an application is made by either a Planning Board or
Board of Commissioners at the public hearing. 11 stead, the Planning
Board has 60 days within which to prepare ands ibmit recommendations
to the Board of Commissioners. Failure of the PI inning Board to submit
recommendations within the required time shall considered as a
favorable recommendation, without conditions.
Administration Recommendation
The Administration recommends that the propose Zoning Atlas
amendment be referred to the Planning Board for recommen&tion to be
returned no sooner than February 2, 1998.
ANGE COUNTY, NORTH CAROL2 G 4 J
AP.PLIL,^ i ION FOR CHANGE OF ZONING �_STRIC T
Date :
O
TO THE BOARD OF COUNTY COMMISSIONERS ��°�.
ORANGE COUNTY , NORTH CAROLINA
The undersigned do hereby make app Lica change the Zoning Atlas of
Orange County as hereinafter requested .
'1 . e roperty is located on t .
— side of SR _
Street/Road ) between .R . # / T
S .R . # X332 It is known s at ( s) , Block of
Orange County Tax Map 3 ownship . It has 'a frontage
of feet and a d th f ��feet , and contains
square feet or N acres .
2. It is desired and requested that the foregoing property be rezoned
from AA, to —1 Y
.31- The ...folLowing information has been _ attached . -in__. support of the
application for changing the Zoning Atlas to — required on all
applications)
•a. A fully dimensioned map at a scale of not Less then one (1.) inch
-equals one—hundred (100) feet nor more then one (1) inch equals
twenty' 1201 feet" -
show1wir 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 datailed
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
reasonably necessary to the promotion of the public health,
safety and general welfare.
'(3) The manner in which the proposed amendment wilt 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 cspabiLity to the development.
d. A list of all individuals, firms or corporations owning property
adjoining or within five hundred (300) feet of the property
sought for r zoning is attached. The List is current as of
(Date
-I certify that all information furnished in this application is accurate
to the best of my knowledge . �
APP lica
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Z-7-97 CHARLIE & AMBER L. CHANG
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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 intormation 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 1" = 102' 0
U43
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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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.4.3.18)
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 Deerwood Farm
EAST - Wooded and pasture
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Rural Industrial Activity Node
EXISTING ZONING:
AR Agricultural-Residential
INFORMATION MEMORANDUM
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.
2. 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 Bus 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 Governmental 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 than 2 acres)
P17 Radio and television transmitting and receiving towers and elevated water storage tanks
P22 Transmission lines
S34 Recreational facilities(non-profit)
U52
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
I, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY
CERTIFY THAT:
On or about November 7, 1997, 1 sent by Certified Mail, postage prepaid, a
Notice of the Public Hearing to be held on Monday, November 24, 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-7-97 requested by the Charlie and Amber L. Chang to rezone
their 3-acre property at 1607 NC 86 North (Tax Map No. 4.1.18). The notice was sent
to 6 property owners who hold title to 10 parcels lying within 500 feet of the Chang
property. A list of these Is attached.
James R. Hinkley, ••...• •�9,�,�
Zoning Officer , •' ••%
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ATTEST: ,G7, ��..._
y Evans
Notary
Z-7-97 Hillsborough Township
Atlas Amendment Proposal of Charlie and Amber L. Chang
AFFECTED PROPERTY OWNERS
within 500 feet
Page One of One
Tax Map Number ProneM Owners and Addresses
4.3..16 Robert and Ruth Ferguson
4.3..16A 1505 NC 86 North
4.3..16B Hillsborough, NC 27278
4.3..16C
4.1.17 Carl Dunn Scott
1523 NC 86 North
Hillsborough, NC 27278
4.1.19 Robert David and Frances W. McBroom
4.3..20 1709 NC 86 North
Hillsborough, NC 27278
4.3..19A Arthur J. and Eddye Jo Morrison
6421 NC 86 South Homestead
Chapel Hilt, NC 27514
4.3..24 Charlotte L. Patterson
7709 Tannery Road
Summerfleld,NC 27358
4.3..25 Major Business Forms, Inc.
PO Box 1299
Hillsborough, NC 27278
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ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date November 24, 1997
Action Agenda
Item# C 3(a)
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT- Garden Center
Article 4.3 Permitted Use Table
Article 6.16.18 (New) Garden Center
Article 22 Definitions
DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: X Yes No
BUDGET AMENDMENT REQUIRED: Yes . X No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Extension 2580
Proposed Amendment TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To receive citizen comment on 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.
BACKGROUND: 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 sold.
r
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.
V
RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board at the public hearing.
Zoning Of1`rcer Recommendation
Provided that the Planning Board and the County Commissioners find in the
affirmative, the Zoning Officer recommends approval of the proposed text
amendments.
A&Wnistration Recommendation
The Administration recommends that the proposed amendments be referred to the
Planning Board for a recommendation to be returned no sooner than February 3,
1998.
05J
PROPOSED ORDINANCE AMENDMENT
[DST]
REFERENCE: ZONING ORDINANCE
Article 10.3 Off-Street Parking Design Standards
ORIGIN OF AMENDMENT: X Staff Planning Board
BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: May 27, 1997
Purpose of Amendment: To correct a discrepancy in the Zoning Ordinance between Article 10.3,
Off-Street Parking Design Standards,and Article 12.4.1,Required Landscaping.
Impacts/Issues: 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 sold.
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.
One effect of the proposal would be to allow a specific type of retail with
outdoor display and storage in the Local Commercial zoning district. Article
4.3 currently states that the only type of retail allowed in the LC-1 district
shall have no adverse impacts that occur beyond the immediate space
occupied by the building,that is, attracting few customers or clients to the
premises, with no outdoor storage,and all operations conducted entirely
within a fully enclosed building.
The standards proposed for Article 6 described above are intended to mitigate
any potential adverse impacts. The text of the amendments submitted by the
applicant is attached.
060
Planning Board:
BOCC:
PHILIP
POST f► 1
ASSOCIATES
ORANGE COUNTY ZONING ORDINANCE AMENDMENT
ARTICLE 22 DEFINITIONS
Add the following definition:
GARDEN CENTER:
Retail sales operation providing lawn and garden supplies and small equipment rental primarily
for home landscaping.Typical products include, but not limited to, decorative stone,garden
ornaments, decorative pots, container plant stock,and bagged or bulk sand, mulch and topsoil.
Seasonal sales such as Christmas trees,pumpkins and flowers will be permitted in the outdoor
display area.
ARTICLE 6.16 ADDITIONAL REQUIREMENTS FOR CERTAIN PERMITTED USES
Add the following section:
6.16.18 Garden Center
The following restrictions shall be applied to the above use in all zoning districts:
a) Outdoor display and storage of goods will be permitted.
b) Outdoor storage of bulk goods shall be located such that it is to the rear or side of
the primary building and screened on three(3) sides by an eight(8) foot high
opaque wall or fence.
C) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
d) Land use Buffers shall be provided in accordance with the requirements of Article
12.
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