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HomeMy WebLinkAboutAgenda - 09-09-2013 - C11 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: September 9, 2013 Action Agenda Item No. C.1 SUBJECT: Zoninq Atlas Amendment— Keizer Rezoninq of 2.7 acre parcel DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. Zoning Application Packet Michael D. Harvey, Planner III (919) 245 -2597 2. Vicinity Map Craig Benedict, Director (919) 245 -2592 3. Notification Materials PURPOSE: To hold a public hearing on an owner - initiated general use district rezoning petition in accordance with the provisions of the Unified Development Ordinance (UDO). BACKGROUND: An application (see Attachment 1) has been submitted to rezone an approximately 2.7 acre parcel of property: FROM: Rural Residential (R -1) / Light Industrial (1 -1) TO: Light Industrial (1 -1). Pertinent facts of the application include the following: Applicant: Maria Keizer Ronald Keizer 3604 Southern Drive same Efland, North Carolina 27243 same Rezoning Location: 3604 Southern Drive, approximately 1,070 feet east of the intersection of Southern Drive and Mt. Willing Road (SR 1120) and south of the railroad tracks. Please refer to Attachment 2 for a vicinity map denoting the subject parcel. Parcel Information: a. PIN — 9844 -86 -5155. b. Size of Parcel — 2.7 acres. c. Zoning of Parcel -- Rural Residential (R -1) and Light Industrial (I- 1). d. Township — Cheeks. e. Future Land Use Element Map Designation — Commercial Industrial Transition Activity Node. 2 f. Growth Management System Designation -- Urban. g. Existing Conditions -- The property is developed and utilized to support a metal fabrication business. h. Access -- The property has direct access onto Southern Drive. Surrounding Land Uses: a. North — Southern Drive, Railroad tracks, R -1 zoned property north of the tracks. b. East — Undeveloped R -1 zoned property. c. South — Undeveloped R -1 zoned property. d. West — R -1 zoned property, one with a single - family residence. Please refer to Attachment 2 for a vicinity map denoting the subject parcel and surrounding properties. Proposal: The property is currently split zoned. As detailed within Attachment 1, the purpose of the amendment is to extend the 1 -1 zoning designation over the entire property. Required parking area and septic system serving the existing industrial operation is located on the R -1 zoned portion of property. The applicants are concerned over their continued ability to have septic and parking supporting the existing industrial operation on the residentially zoned portion property. They are seeking to rectify the problem by extending the existing industrial zoning to ensure their perpetual ability to maintain the existing infrastructure necessary for the business. As some people may recall, when zoning was originally established former staff recommended extending non - residential zoning designations only on those portions of property actively utilized to support non - residential activity, typically only around building area(s). As a result, required parking, septic areas, land use buffers, etc. were more than often not included as part of the non - residentially zoned parcel. This creates problems for owners of these non - residentially zoned properties as current staff interpretation is `residentially' zoned property cannot be used to support non - residential land uses. In many instances property owners find it difficult to maintain the infrastructure necessary to keep their non - residential operations functioning. This is a situation that occurs throughout the County. Staff will be presenting a solution to address these problems at a future meeting. Staff did not, however, want to delay the applicants any further and agreed to work with them to bring this request to the BOCC for action. Staff Analysis: In accordance with Section 2.8 of the LIDO, the Planning Director is required to `cause an analysis to be made of the application' and forward that analysis on to the reviewing body. In completing the required analysis, the Planning Director has found: 1. The application has been deemed complete in accordance with the requirements of Section 2.8 of the LIDO. 2. The property is of sufficient size to be rezoned to the 1 -1 zoning designation. 3. The rezoning is consistent with the Orange County 2030 Comprehensive Plan Future Land Use Map and the adopted the Growth Management System map. 3 4. The rezoning is consistent with the intent of the adopted Efland- Mebane Small Area Plan. Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, the public hearing for this item was advertised consistent with the requirements of the Ordinance. Legal ads were placed in two newspapers of general circulation in the County for two (2) successive weeks; notices were mailed via certified mail to property owners within 500 -feet of affected properties; and a sign was posted on the affected property, in accordance with State statutes. The notice was mailed on August 23, 2013. For additional information please refer to Attarhmant FINANCIAL IMPACT: This rezoning request has been reviewed by County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the proposal to amend the Zoning Atlas. 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the November 5, 2013 BOCC regular meeting. 4. Adjourn the public hearing until November 5, 2013 in order to receive and accept the Planning Board's recommendation and any submitted written comments. ment 1 Orange County Planning and Inspections Department APPLICATION FOR ZONING ATLAS AMENDMENT GENERAL USE REZONING REQUEST APPLICANT INFORMATION: Date: S /l u (Zvi 3 i Applicant: Phone: Address: 'jUOt% Cell Phone: E-r' f r-'CL9 Z '-4'2` PROPERTY SUBJECT TO REQUEST: Parcel Identification Number (PIN): Q & y 4 ^ g & t S- S- -3 of property: "alt ©� Saa 41„err �2r,�e— Ocvnerofproperty: �-kekr %&. Cturent Zoning Designation: Qt Gn[R Requested Zoning Designation ?y 6-t j— l ** If Applicant /Owner are different people, include a signed, notarized, statement indicating that the owner has authorized the applicant to submit the request. In cases where there are multiple property owners, please attach an additional document containing their signatures authorizing the submission of the application or other legal documentation establishing the applicants right to file on their behalf. ** SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (LIDO) 1) A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule 2) A legal description of the property(s) proposed for rezoning 3) A list showing the names and addresses of all adjacent property owners within 5001eet of the subject property. 4) A detailed narrative denoting the following: a. The alleged error in the Zoning Atlas (if any) that vAli be corrected by the proposed request. b. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable necessary to promote the public health, safety, and general welfare. c. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive Plan, 5) In cases involving amendments to the Special Flood Hazard Area Overlay District, applicants shall supply the following additional information in accordance with Section 2.8.3 (G) of the UDO: a. An elevation certificate with either an MT -1, MT -2, or MT -EZ (forms available through FEMA) or b. A `No- impact' analysis for a letter of map revision G) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application. I (we), the undersigned, have been made aware of the process for the review and action associated wrath a UDO Zoning Atlas Amendment application and understand only completed applications, containing all information required by the Orange County UDO sliall be reviewed and acted upon by the County. Further I (we) understand that any assistance I (we) may receive front County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does it guarantee an approval of the proposed atlas amendment by the County. '5'jrul2ot3 Applicant Date: Applicant Date: A To: Orange County Commissioners From: Ronald Keizer, Owner USA Dutch, Inc. USA Dutch, Inc. is pleased to submit this rezoning request in an effort to address a problem with the zoning at our property located at 3604 Southern Drive in Efland. This property was developed for commercial /industrial use by Mr. Sim Efland sometime in the 19$0's or 1960's. We purchased the property in 1993 for the expansion of our metal fabrication business. Our business focuses on making metal. parts that go into a variety of manufactured products including electronics, woodworking equipment, ambulances, and more. We currently have 26 employees working in our 13,000 square foot facility. In March of 2013 we approached the County Planning Department for the purpose of investigating a proposed expansion of our existing business. We learned that our proposed expansion was not feasible given the size and orientation of our property. We were also informed our property was split zoned, with the building zoned I -1 and the land zoned R-1. Though seemingly unusual, we were told by Planning staff that this is not a unique occurrence, and that this situation apparently exists. throughout the County. Apparently, when most of the County was initially zoned, only those portions of a property used in support of commercial/ industrial activities were actually zoned as such. The remaining portion(s) of the property were actually zoned for residential use. Unfortunately for us our parking, septic, and required buffer areas are now located in a residential zoning district. County planning staff have assured us our operation is not in jeopardy of being forced to shut down or cease due to the location of required parking/septic areas on a residentially zoned portion of property. We have been informed, however, that maintenance of these areas will be limited due to the residential zoning designation. According to staff, residentially zoned property cannot be used to support industrially zoned property or activities. As we understand the situation, we could experience difficulty in expanding or making repairs to our septic system, for example, in support of our operation. This of course is untenable, and we respectfully request a zoning change to correct the situation. If approved the rezoning request would accomplish the following: 1. The entire parcel would be zoned I -l. 2. The existing parking and septic areas would be zoned consistent with the existing manufacturing operation, thereby allowing them to be maintained for such purpose. 6 3. Our operation would be considered `conforming' as the building would now have adequate land area to meet setback and land use buffer requirements. (NOTE: We have been informed by staff that all land use buffer issues would not be resolved with the rezoning, but that it would eliminate several potential problems for us.) 7 To: Orange County Commissioners From: Rita Keizer I am owner of the land and building located at 3604 Southern Drive in Efland. This property is rented to USA Dutch,, Inc., which is owned by my son, Ronald Keizer. I hereby authorize Ronald Keizer to apply for a rezoning to this property on my behalf Pagel of 2 g C`3�ae « e •�� e i Orange County, NC GIS 1 inch = 1000 feet Search Results (1) shape ESRI.ArcGIS.AD F.Web. Geometry. Polygon PIN 9844865155 http://server2.co.orange.ne.us/OrangeNCGIS/default.aspx Page 2 of 2 9 PINSTATUS ACTIVE OWNER TYPE IOFLAG OWNERI_LAST KEIZER OWNERl_FIRST MARIA S OWNER2 LAST OWNER2_FIRST ADDRESSI 3604 SOUTHERN DR ADDRESS2 CITY EFLAN D STATE NC ZIPCODE 272439704 TOWNSHIP 3 SIZE 2.67 UOM A CALC_ACRES 2.72 SUBCODE 0 LEGAL_DESC #2 REV FIRST SOUTH BANK INC P71158 RATECODE 03 LANDVALUE 42373 BLDGVALUE 314532 BLDGCNT 2 VALUATION 356905 TAXSTATUS A FARM US E USEVALUE 0 DEEDREF 1326/519 LEGALREF DATESOLD 2/15/1995 12:00:00 AM TAXSTAMPS 30 STAMPVALUE 15000 YEARBUILT SQFT 800 SUBDIVISION NAME SCHOOL—SYSTEM Orange County Schools TOWNSHIP_NAME CHEEKS SHAPE.fid 15762 shape.area 118321.840679043 Created on 8/26/2013. Orange County, North Carolina. http://server2.co.orange.ne.us/OrangeNCGIS/default.aspx 10 USGS Water Feature O Parcels Zoning Solis Survey Water Feature 1::3 Township ® City Limits OC Updated Water Feature f1,`;� School System Boundary D ETJ M Water Body Contours Conservation EE O River Basins {?j County Boundary Held by Others Fln IAt f.-h -I _ % c�uo Orange County O 100 YR Floodplain (Effective 02/02107) f ; 1 Floodway (Effective 02102107) Z2 500 YR Floodplain (Effective 02/02/07) isements O Buildings MM Water and Sewer Boundary i 1 inch = 97.73 feet 37.5 75 150 Buffer: 500 Feet on Search Results (1) Name Buffer 1 Buffer selection in Parcels (Table) PIN OWNERI_LAST OWNERI_FIRST OWNER2_LAST OWNER2_FIRST ADDRESSI CITY 9844881230 EFLAND MILDRED PO BOX 207 EFLAND 9844887024 EFLAND HOISERY MILL INC PO BOX 246 EFLAND 9844884079 LINER WILLIAM DAVID LINER MARILYN E P 0 BOX 231 EFLAND 9844883012 MARION DAVID null null 211 LAWRENCE RD Hillsborough 9844778312 ENOCH GILBERT 3904 SOUTHERN DR EFLAND 9844873438 EFLAND SIMPSON L HRS 4918 ANDREA AVE ANNANDALE 9844970543 MAY CLIFTON CARL 205 CENTER ST EFLAND 9844877368 MCDONALD DANIEL G ETAL MCDONALD BETTY J 313 FIELDSTONE DR BURLINGTON 9844865155 KEIZER MARIA S 3604 SOUTHERN DR EFLAND 9844970156 HAMLIN STEPHEN FLINT 5801 SNEED RD ROUGEMONT 9844879067 EFLAND SIMPSON HRS 4918 ANDREA AVE ANNANDALE 9844861573 EFLAND SIMPSON L HRS 4918 ANDREA AVE ANNANDALE 9844884284 EFLAND PRESBYTERIAN CHURCH PO BOX 219 EFLAND 9844870924 MARION DAVID R null null 211 LAWRENCE RD Hillsborough 9844874973 DALTON BYRON A DALTON SUELLYN PO BOX 187 EFLAND 9844873578 EFLAND SIMPSON HRS 4918 ANDREA AVE ANNANDALE 9844970317 MAY CARL CLIFTON MAY MARGARIETTE 205 CENTER ST EFLAND 9844879543 CARVER JAMES CARVER MARILYN 5635 HIDEAWAY DR CHAPEL HILL 9844768882 EFLAND SIMPSON L HRS 4918 ANDREA AVE ANNANDALE 9844867573 MCDONALD DANIEL G ETAL MCDONALD BETTY J 2555 ST JAMES DR SE SOUTHPORT 9844971003 FORREST DAVID CAMERON 215 CENTER ST EFLAND 9844972545 EFLAND SIMPSON HRS 4918 ANDREA AVE ANNANDALE 9844970237 MAY CARL CLIFTON MAY MARGARIETTE 1205 CENTER ST EFLAND 12 9844960792 1 SHANKLE IJAMES W SR inull inull PO BOX 84 JEFLAND 9844981114 EFLAND LEASING COMPANY A I LLC I I PO BOX 246 1 EFLAND 13 i(MILDRED EFLAND XEFLAND HOISERY MILL INC WILLIAM DAVID LINER PO BOX 207 PO BOX 246 MARILYN E LINER EFLAND, NC 272430207 EFLAND, NC 27243 P 0 BOX 231 EFLAND, NC 27243 DAVID MARION '<GILBERT ENOCH uSIMPSON L EFLAND HRS 211 LAWRENCE RD 3904 SOUTHERN DR 4918 ANDREA AVE Hillsborough, NC 27278 EFLAND, NC 272439692 ANNANDALE, VA 22003 CLIFTON CARL MAY >0ANIEL G MCDONALD ETAL MARIA S KEIZER 205 CENTER ST BETTY MCDONALD 3604 SOUTHERN DR EFLAND, NC 27243 313 FIELDSTONE DR EFLAND, NC 272439704 BURLINGTON, NC 272154638 xSTEPHEN FLINT HAMLIN 16IMPSON EFLAND HRS KSIMPSON L EFLAND HRS 5801 SNEED RD 4918 ANDREA AVE 4918 ANDREA AVE ROUGEMONT, NC 275729131 ANNANDALE, VA 22003 ANNANDALE, VA 22003 ,\EFLAND PRESBYTERIAN CHURCH Z(DAVID R MARION \,BYRON A DALTON PO BOX 219 211 LAWRENCE RD SUELLYN DALTON EFLAND, NC 27243 Hillsborough, NC 27278 PO BOX 187 EFLAND, NC 27243 SIMPSON EFLAND HRS >6CARL CLIFTON MAY \,JAMES CARVER 4918 ANDREA AVE MARGARIETTE MAY MARILYN CARVER ANNANDALE, VA 22003 205 CENTER ST 5635 HIDEAWAY DR EFLAND, NC 272439549 CHAPEL HILL, NC 27516 V\SIMPSON L EFLAND HRS XDANIEL G MCDONALD ETAL DAVID CAMERON FORREST 4918 ANDREA AVE BETTY MCDONALD 215 CENTER ST ANNANDALE, VA 22003 2555 ST JAMES DR SE EFLAND, NC 27243 SOUTHPORT, NC 28461 - SIMPSON EFLAND HRS CARL CLIFTON MAY JAMES W SHANKLE SR 4918 ANDREA AVE MARGARIETTE MAY PO BOX 84 ANNANDALE, VA 22003 205 CENTER ST EFLAND, NC 272430084 EFLAND, NC 272439549 y EFLAND LEASING COMPANY A LLC PO BOX 246 EFLAND, NC 27243 14 SATISFACTION: The debt secured by the within Deed of Trust together with thenote(s) secured thereby has been satisfied in full. This the dayof ,19_ Signed:. i,'GE 521 FILED 15 FED 1995, at 04:39:19FM Book 1526, Page 521 - 522 Betty June Hayes, Register of Deeds, Orange County, N. C. Records. Tax Lot No. - 3 - q 2 C Parcel Identifier No. 7 t1 if �CY b "S i verified by County on the —day of by Mail after recording to Douglas Hargrave, P.O. Drawer 1529, Hillsborough, NC 27278 This instrument prepared by G. Rhodes Craver, Esquire, PO Box 51579, Durham, NC 27717 -1579 Brief Description for the index NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 'b/ dayof February 1995, by and between: GRANTOR MARIA S. KEIZER (Divorced) TRUSTEE DOUGLAS HARGRAVE P.O. Drawer 1529 Hillsborough, NC 272 BENEFICIARY ROBERT L. GIGGEY (Divorced) Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNE55ETH ,Thatwhereas the Grantor' indebted to the Benelciary inlhe rincipal5 mof One Hundred Fifteen Thousand anti non -cot)1 e�e agreement paymen s as shown and no /100ths - - -- 115 000.00 on agreemen dater? Tanuary, 1995 Dollars [$ � ), as evidenced by a Promissory Note of evgn date herewith, the turps o[which are incorporated .herein b reference. The final due date for payment of said Promissory Note, if not sooner aid, is _January 31 , LUOZ y p y NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection lincluding attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and Cheeks 1M (M assigns, the parcel (s)ofland situated in the City of /tosY RTo}vnship, Orange County, North Carolina, ( the " Premises ") and more r yWile0i'be W41{ows: Beginning at an existing iron pipe in the south right -of -way line of Souaiern Dii ive''(Sk.1317))' , as shown on the plat hereinafter referred to; thence South 88 deg. 15' East 170 fe6t to an iron pipe; thence South 00 deg. 10' 55" West 665.34 feet to an iron pipe; thence North 89 deg. 49' 05" West 99.49 feet to an iron; thence South 00 deg. 21' 0511 West 43.09 feet to an iron; thence North 89 deg. 38' 55" West 69.14 feet to an iron; thence North 00 deg. 01' 51" West 318.34 feet to an iron pipe; thence North 00 deg. 10' 55" East 394.54 feet to the point and place of Beginning and containing 2.67 acres, more or less, and being shown as Lot 2 of re- division of Lots 1 and 2, First South Bank, Inc., on plat entitled "Property of First South Bank, Inc.," by Simmons Engineering and Surveying, Inc., dated 4/25/94 and recorded at Plat Book Page _, Orange County Registry. NGRK :32356 1 N. C. Bar Assoc. Form 5 1976, Revised O September 1985 • Printed by Agreement with the N. C. Bat Assoc: — 1961 . James Wilkama 6 Co., lot. • 9o, 127 • Yadkirvdle, NC 27055 803d325 Piq 522 7O HAYS AND TO HOLD said Premises with all pnvlkges and appurtenances thereunto belonging. to said Twstee. his heirs, wccossars, and assigns forever, upon the costs, terms and condaions. and for discuses heremaher set kinh. If the Grantor shat Day the Note secured herebvin accordance wbh in termc soabthandsh :ntemu shmene. ,red a.v renewals 6reaiensrpaaO,ereoGninhale or in oaaall olhdi wmssecured henfiv anddha0tompNwitM The proceeds a colection, la owesa rmtice.!hearing stn And the said Grantor doe 1.. INSURANCE. Grantor s: i- WASTE. The requirements rest ng me time Ana place of sucn site to Such manner As may Ihm be did by convey title to the purchaser in a full And ­Pie manner Ss ttie T uuea b turn IheTrusfee stains his commission. together with easonable Attorneys fees lncurre sofreccuding, service fees and Incidental eape daunts. the amount due on the 1 Ired by shelhen ea,n,ng law relatingto toreclowres. the Trvn<e's commisdsm. s1 duforedpsure. In the event rove in is commenced: but not comPteied, she C a 0%)of the owtandinttk,debled —, an the above cased minimum cam. wh churn m faredowre: one half 1Yd thereof afterissuance ftaid notice: th— fourths P%s <osenant and agree xth the Trvsl<e u t (lows: alIndycments on said land.now nr h— lererecled, eogstartly red far for such amounts, rem less than 'tire amount necesnrytop fle sum se< shali dekver to BenefiW ry such pohcre, sing avithevidence oT Pnmum pal I polies. along with evidence of paymem of premiums,htrepo. [hen senehchry. ��Iledr1. the irsverse id,, of maturity fast All eocloi;he ellplor • Pp Yo Pair or ;S, Gnnlor Shall pay all taxes, assessments and chagesas may be IasvfullY levied r red charges ps herein required, then Ben'r, Ary. A[h,opmn,may4y[he samea Ind of ei aeficury, sROFITS. Grantor assi66m to &nefidarryy inthe eventadefaub, qR remsand prams b, tame:at dnyceaspnaln'e ntrolrenl Aetermined bygeheficiary and a,erdeduning.'. of be turreted to she'partnl ref'se of anyof eh. loo d'cibedpropeny iml' T st, Grantor seal stncllycomplywith IFe terms thereof. NoMthst mg anytf s all of the terms and Pmvislins of the Note. fhb Deed of Trust, And ray .,he, o that he will keep the Premises herein comry rf in as &andorder, repair and coy or their use, end that he .111 rem comma or permit any .waste. I any orall pf the Nemises,haff be condemned Asid taker under she Im—cit The Trustee $hall be authomed to retain An attorney to represent him m wen proceeamgl. rTmsiee •n weft proceeding. he applied 1 the cos[' of sale, including. but not limlledto. coos eby secured and adwnce t.I And ethersums espended -by the flerxlicivy accosdmg1. the 6c Prof providing therefor is included in this DealalTrvsbintiheevent a partial release tin contained .Grantorshall not be emitted to any veleaseof impeityunlissG —tor!, not in its That may be securing said Note. as they are now, reasonable wear AM fear excepted. and will camptywnh all governmental domai G i shilig ar ed t v rte notice 6c,ryand Bene&uryshallhave led so Beneficary whu'hali have the Jnud stn to apps 'the - amount so re «Ned..or any pan rss'ilments. or so anv aherayan. nwtr or restoration o�the Premises 6v Grantor: b.SUgSTRUDON OF TRVSTEE. Grant., and Tmpee<venant and g to andwt g f arylhti lhesaidT u ,or any wrtrust ,Shall die, becomerneApable orantng, ten one hiSlrun.or forany reason the 'older NOte desires t eplAce sad Tmiree, then the hog,raAyappb.t. in wining.a irusieemtake the placeofthaTmnre, afid. Tondeprob, it— cl regisuatian ofthesame.thetmde, thusappointed shall ucteed to all rights, powers and palms of the Trustee. a THE FOLLOWING PARAGRAPH, 9, SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS ,MARKED AND /OR INITIALED. _ 9. SALE OF PRFAiI5E5. Grantor afrees Ihn if the Pre bet it any pan thereal or retest Ih—in Is 1 d, assigned, transferred. cr m,wedbrothenvise alienated by Grantor, whether volureauly or In nlunlanly or by r e =A-1. at on of law (olh titian Ylthrem ton fate orol a numb. e b d [elo [h p ed fT Ud wnchd es not elietoalrantferof dghls ofoccupancy to she P�misax lthe cre ationto p. nit money r.,.0 r,,,s,,,,,s,;ad a„�t are<.ralalomle, by dew teed. rat. arauPrat it— an the death oft mint onenam In the entirety: IN) the.Rnnt of a leasehold interest onhree Ol vein at less not comain• 1I..1 —eland It any wit orpro Trullelbeb n5htagainman loss c r.. damageore i[any canon prapetdinTen bmughtwhich ,g...tti.ry yh ,be. hnemmei harmless and ondemand reimburseTrvgeeor0 oe(iciary from any loss, cost. damage or eapenseand anysoms espended byTrvuee ur Beneficiary shaQbear interest as 'her details and shall be due and payable an demand. It. WANERS. Grantor waives all lights 1 require ih lingo(' 1 by -p frcury. No debyorom s oftneTrvst t B --f lary the eremite of o. thrsDeed of Trust shall be peened a waive, of y dd self or acquk+cncr rhdreln or shall •mpai. c r wi— she a se of such nght power or medy 6y Trustee 11, CIVIL ACTION In the crenl that the Trustee Is named as a party to any civil Ac,,.. as Tmoee m this Dred" Trust , the Trustee hall be entitled In empiopp an A Atlome, %represe th min lad avism andthenctsona6! a attomeWsfee ofJte7mJee in such aglomhall be paidbyshe Beneildaryanp added to theprincfpalahhah 'a she •ate provided I. the Nom for sums due after default- ' 14. PRIOR UUM Default under the terms of any instrument secured bya pen to which this Deal atTrustss >uhordinat, 4.11 conuim.. default hereunder. 15. OTHER TERMS. IN WITNESS1, REOF,the GrantocF51here' unlsethis I,a'red'tend seal, oracprponle, has caused This innrvmem1be signed in Rs corporate name sty ii'duty aulhprized office. grid itstutso tin hemunto affixed by awh.ray or its Board of Directors, the day and year firstahowe waIlen. (Corporate Name) g personally appeared before � �m,ye tt�his day and acknowledged the e> ecullc n of the foregoing instrument. my February 79 95 9•r �• v1? official stamp or seal, this LJday of , �) ��y My Commissionexpires: t� t--gLdP YHOROt (N. '�P�Iti1QMNotarvPublic i�!if �.tt1 NORTH CAROLINA, _ .County. t X.9, (SEALI � personally appeared before me this day and acknowledged that —he is Secretary of ro m MARIA S. KE ZER By:' = (SEAL) President V Is ATTEST: Is m u (SEAL) Secretary (Corporate Seal) - (SEAL) - / NORTH CAROLINA, (7P0.t1A•IL County: 1, a Notary Public of the County and state aforesaid, certif that - Maria :S. Keizer (Divorced} Grantor, ►`+P�� Witness hand and = 6 personally appeared before � �m,ye tt�his day and acknowledged the e> ecullc n of the foregoing instrument. my February 79 95 9•r �• v1? official stamp or seal, this LJday of , �) ��y My Commissionexpires: t� t--gLdP YHOROt (N. '�P�Iti1QMNotarvPublic i�!if �.tt1 NORTH CAROLINA, _ .County. 1, a Notary Public of the County and state aforesaid, certify that � personally appeared before me this day and acknowledged that —he is Secretary of ro m a North Carolina corporation, and that by authority duly given and as an act of the corporation, the foregoing Instrument was signed in its name by its President, sealed with its corporate seal and attested by as its Secretary, Witness my hand and off(ctat stamp or seal, this _ day of , 19 _. My Commission exoires:. - Notary Public is c stied t e c rte This i s u n t� t (s certi is are duly r ' tered at the date and time. and in the Book and Page shown on the First page hereof. Y ,� - REGISTER OF DEEDS FOR Orange COUNTY By - Deputy /f,sfistent- RegisterofDeeds. N. C. Bar Assoc. Form -o.5 0 1976, Revised 0 September 1965 a Panted by Aynamnt With Fell. C. On Assoc. — 198) • James wBbms a. Co., Inc. t Boa 127 • TadEioyNe, NC 27055 15 . i ;Attachment 2 7 ,; N t Map o Keizer Rezoning w• s PIN 9844-86-5155 -; r ,; I d f Subject Parcel , Maria and Ronald Keizer �' � �_ PIN 9844-86-5155 :�r j J 2.7 acres 1 i Split zoned �',.� Light Industrial (I-1) and Rural Residential (R-1) , _Proposed to be rezoned I-1 by applicant _ -- - ForreSt Ave11Ue = - — `� _1 1 _ Southern Drive Ili@il .= i R-1 . R1 R-1 i R-1 N 4-, , ,r 10 0 1 a I E:71 Township Boundary ME City Limits C*)...... N ETJ ♦ 1 inch=208 feet 2010 Images RGB ` ®Red: Band_1 Orange County Planning and Ins 9 tY 9 Inspections Department 11.1 Green:Band_2 5/30/2013 I.Blue: Band_3 Attachment 3 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Administration 131 W. Margaret Lane (919) 245 -2575 j= Suite 201 (919) 644 -3002 (FAX) P O Box 8181 www.co.orange.nc.us '''`gib Cnco��SS Hillsborough, NC 27278 CERTIFICATION OF MAILING ZONING ATLAS AMENDMENT ORANGE COUNTY, NORTH CAROLINA I, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO HEREBY CERTIFY that in accordance with the provisions of Section 2.8.7 of the Orange County Unified Development Ordinance I have mailed, or have caused to be mailed, a Notice of Public Hearing to be held regarding the processing of a Zoning Atlas Amendment application submitted by Ms. Maria Keizer and Mr. Ronald Keizer requesting the rezoning of a parcel of property located at 3604 Southern Drive further identified with Orange County Parcel Identification Number (PIN) of 9844 -86 -5155: FROM: Rural Residential (R -1) and Light Industrial (1 -1) TO Light Industrial (1 -1) The owners were identified according to the Tax Records and as required by Section 2.8.7 of the Orange County Unified Development Ordinance. The mailed notice specified the date, time, place and subject of the Public Hearing. WITNESS my hand, this 23�d day of August 2013. IV ichael D. H rvey, AICP Current Planning Supervisor 17 ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245 -2575 (919) 644 -3002 (FAx) www.co.orange.nc.us 131 West Margaret Lane P O Box 8181 Hillsborough, North Carolina, 27278 August 23, 2013 RE: NOTIFICATION of PUBLIC HEARING to review an application to amend the ORANGE COUNTY ZONING ATLAS. To Whom It May Concern: This letter is being sent to inform you that the Orange County Board of Commissioners and the Planning Board have scheduled a JOINT PUBLIC HEARING to review an application submitted by Ms. Maria Keizer and Mr. Ronald Keizer (hereafter `the applicants') to change the zoning designation on their property at 3604 Southern Drive (PIN 9844 -86 -5155) in the Cheeks Township of Orange County. Specifically, in accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Orange County Unified Development Ordinance (UDO), the applicants are seeking to rezone their 2.7 acre split zoned property: FROM: Rural Residential (R. -1) / Light Industrial (I -1) TO: Light Industrial (I -1). The property is currently utilized to support a sheet metal fabrication business. The building housing the operation is on the I -1 zoned portion of the aforementioned property while the septic and parking areas supporting the business are located within the R -1 zoned portion of property. The applicants are concerned over their continued ability to have septic and parking supporting the existing industrial operation on the residentially zoned portion of the subject property. They are seeking to rectify the problem by extending the existing industrial zoning and ensure their perpetual ability to maintain the existing infrastructure necessary for the business. The property subject to this petition is located within the Commercial Industrial Transition Activity Node as denoted on the Future Land Use Map of the Comprehensive Plan and the Urban Designated Area as denoted on the Growth Management System Map. 1, 19• According to County and State law, we are obligated to notify all property owners within 500 feet of a parcel being rezoned of the public hearing date and time. You are receiving this notice because your property falls within this prescribed area.. Interested persons are invited to address the boards with their comments regarding the proposed rezoning at this Joint Public Hearing. Maps and other information regarding the proposed zoning change can' be viewed at the following website after Friday, August 30, 2013: http: / /www.co.orange.ne.us /planning /SpecialProjects.asp The PUBLIC HEARING will be held at the Department of Social Services, Hillsborough Commons . Shopping Center, located at 113 Mayo Street,. Hillsborough North Carolina on Monday September 9, 2013 at 7:00 p.m. If you require additional assistance, or have questions, please contact staff at (919) 245 -2575. Sincerely, Michael D. Mary y ICP, CFO, CZp Current Planning Supervisor Planner III Orange County Planning :Township Boundary City Limits ETJ 2010 Images RGB Q Red: Band_1 ® Green: Band 2 u 1 inch= 208 feet Orange County Planning and Inspections Department 5/30/2013 r— Ig"ILEEMUMLLwaid U.S. Postal Serviceu., ,I- tr ru (Domestic Mail Only; r-9 (Domestic maii onty; No insurance Coverage r3 Er Postal 17-1 rlified Fee E:3 Return ipt 80 (Endorsemp d) C3 C:3 En Flo I Ole a as (Endorsement d) M I l7r, Postage $ r'u CLIFTON CARL rn - 13 rn WOW M I ff-rl 01 117 Post Certified Fee C3 Flown Receipt M (Endorsement Required) 101-0,?- t= Restricted Delivery Fee C:3 (Endorsement Required) rn ru m ARIA 5 KEIZER 9:01 E3 E3 r- 3604 SOUTHERN DR EFLAND, NC 272439704 ........ -------------- Ln U.S. Postal Serviceu., CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; r-9 (Domestic maii onty; No insurance Coverage Provided) F I CO A L- US 17� !7TP AT U 8 E C:3 E3 visit our website ' Er C3 rr CI Postage $ je- 0 Return ecelpt a (Indo,i.m tRe u�re Certified Fee Postmark Here Er C3 Return Receipt Fee (Endorsement Reqldred) Poe ere H (Z] Restricted Delivery Fee U Corti ie C3 (Endorsement, Required) M M M I'Ll Total Postage & Fees 0 , AM BETTY J M C J0 2555 ST JAM E M JAMES CARVER w MARILYN CARVER 9 lzcr 5635 HIDEAWAY DR rM CHAPEL HILL, NC 27516 SOUTHPORT, NC 28461 U.S. Postal Serviceu., CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; r-9 (Domestic maii onty; No insurance Coverage Provided) No Insurance Coverage Provided) tr nj !7TP AT U 8 E C:3 go visit our website ' Er C3 Ce fled Fe-, jw je- 0 Return ecelpt a (Indo,i.m tRe u�re Postmark Here Er Restricted eliv Fee tR red) M (Endorsem U Corti ie ni Total P..t. 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