HomeMy WebLinkAboutAgenda - 08-05-1996 - VIII-N 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 5. 1996
Action Agenda
Item #'V=-N
SUBJECT: Z-2-96 Neal and Betty Tapp -Zoning Atlas Amendment
DEPARTMENT: Planning PUBLIC HEARING: Yes_x—No
BUDGET AMENDMENT REQUIRED: Yes_x—No
ATTACHMENT(S): INFORMATION CONTACT:
Eddie Kirk
Application Extension 2582
Vicinity Map
Planning Board Findings TELEPHONE NUMBERS:
Town of Chapel Hill Comments Hillsborough- 732-8181
5-28-96 Public Hearing Minutes Durham - 688-7331
6-17-96 Planning Board Minutes Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To consider a proposed Zoning Atlas amendment in Chapel Hill Township
requested by Neal and Betty Tapp.
BACKGROUND: The property proposed to be rezoned is approximately 4.8 acres of a 28.46 acre
tract. It is bounded by I-40 to the west and Mill House Road(SR 1725)to the east
and is located at the north intersection of these two roads(Tax Map#7.19..p/o
2A).
The 28.46 acre tract is currently zoned NC-2 (Neighborhood Commercial-2). The
applicant proposes to rezone approximately 4.8 acres of the tract to RB (Rural
Buffer).
The 4.8 acre parcel is undeveloped, however the remainder of the tract to the
north contains a store located on NC 86 and a 23-space mobile home park. The
property directly west is I-40 and directly east is Mill House Road(SR 1725)
which also contains the University Branch of the Southern Railroad. Across Mill
House Road is the Farm House Restaurant.
2
The Zoning Ordinance lists criteria which are normally used to determine the
application of Rural Buffer zoning. The purpose of an RB district is to provide
locations for rural residential developments and agricultural, silvicultural or
horticultural uses which serve to buffer or separate more intensively planned
and/or developed portions of Orange County.
The property is located in an area designated as Rural Residential within the Rural
Buffer in the Joint Planning Area Land Use Plan.
Public Hearing Comments:
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on May 28, 1996. Commissioner Gordon
requested information about the intended use of the property. Eddie Kirk, from
the Planning Staff, indicated a special use permit for a cellular tower would
probably be applied for,but the Staff has not received an application. Mr.Neal
Tapp and Mr. Jerry Eatman spoke in favor of the request. Ms. Eve Olive
indicated she had concerns with the effects a cellular tower may have on the
children at the Emerson Waldorf School. That issue will be addressed through the
Special Use Permit approval process if use of the property for siting of a
telecommunications tower is requested. Minutes of the hearing are attached.
On June 17, the Planning Board considered the proposed rezoning and made
positive findings on the ordinance requirements from Articles 4 and 20 (see
attachment). The Planning Board unanimously recommended approval.
RECOMMENDATION: The Administration recommends approval of the request for a Zoning Atlas
amendment from Neighborhood Commercial-2 to Rural Buffer per the Planning
Board findings and recommendation.
ORANGE CCUNTY, NORTH CAROLINA 3
APPLICATION FOR CHANGE OF ZONING DISTRICT
Date : - 8 -910
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 west side of S .R . r1725
( Mill House Rd . Street/Road) etwee S .R .# I-40 and
S.R . # Nr 86 It is known as Lpo°� s��►n p_2A Block - , of
Orange County Tax Map - Township . It has a frontage
of 450 feet and a depth af360-560 feet , and contains
207,000 +/- square feet or 4.8 +/- acres .
2. It is desired and requested that the foregoing property be rezoned
from NC-2 to RB
3 .- The foLLowing information has been ., attached . .in.. support of the
application for changing the Zoning AtLas (* - required on a L L
applications)
`a. A fully dimensioned map at a seals Of not Less then one (11 inch
equals one-hundred (1001 feat nor more than one (11 inch *quota
_ tw*nty' 1201 feet- $howixg' -VhS 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:
(11 The aLLaged error in the Zoning Ordinance, it any, which
would be corrected by the proposed amendment with a datailad
explanation of such error in the Zoning At Las and datailad
reasons how the proposed amendment wiLL correct the error.
(21 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 hasLth,
safety and general wetfsre.
'(3) The senner in which the proposed smendmartt ■iLL carry out
the intent and purpose of, the adopted Land use PLan or per.
thereof.
9141 ALL other Circumstances, factors and reasons which tho
apptieant offers in support of the proposed amendment
including, but not Limited to, documentation from service
agencies te.g. tire, patios, rescue and utilities agencies)
assuring services provision capability to the deveLcpm*nt.
d. A List of aLt individuals, firms or Corporations awning property
adjoining or within five hundred (500) rest of the property
sought for rezoning is attached. The List is current ss Of
(Dotal
I certify that ail information furnished in this application is accurate
the best of my knowledge .
? Licant ( s) : NP 1 Tan -
dress • 6023 NC 86
. Chapel Hill . NC 27514 -
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INFORMATION ATTACHED IN SUPPORT OF APPLICATION FOR CHANGING THE
ZONING ATLAS BY NEAL D. TAPP & BETTY CANNON TAPP
c. (3) The adopted Land Use Plan recommends that the property which is the subject
of this petition be developed in the future as "Rural Buffer." The property is currently
zoned Neighborhood Commercial-2. The proposed rezoning seeks to rezone a portion
of the existing commercial node to the rezoning recommended and called for by the
Land Use Plan.
c. (4) The stated purpose of the Rural Buffer zoning district is to allow rural residential,
agricultural and silvicultural uses in order to buffer more intense development. The
permitted or special uses listed in table 4.3 are all low density uses using relatively
small amounts of services. The uses are residential, government, utilities, parks,
communications, clubs, lodges, kennels and golf courses. The proposed land use is a
non-residential utility-type use. No water or sewer service will be required. No staff will
be permanently stationed at the site; about five maintenance trips per month are
average. Contrast this land use with the purpose of the NC-2 district, which is to allow
limited commercial uses to serve rural and neighborhood populations with convenience
goods and personal services. The NC-2 district is the opposite of the RB district in that
it encourages traffic and utility intensive uses such as service stations, banks, research
facilities, retail uses, restaurants and so on. The proposed use of this property clearly
meets the purpose and intent of the RB zoning district, not the NC-2 district.
r 6
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8
INFORMATION MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS
DEPARTMENT
DATE: MAY 28, 1996
SUBJECT: Z-2-96 ZONING ATLAS CHANGE REQUEST FROM NC-2
NEIGHBORHOOD COMMERCIAL-2 TO RB RURAL BUFFER
GENERAL INFORMATION
APPLICANT: Neal and Betty Tapp
6023 NC 86
Chapel Hill,NC 27514
LOCATION: Northeast corner of I-40 and Mill House Road (Tax Map No.
7.19..p/o 2A)
LOT SIZE: 4.8 acres
EXISTING LAND USE: Wooded
SURROUNDED LAND USE:
NORTH: - Mobile homes on NC-2 zoned property.
WEST - I-40.
SOUTH - Wooded NC-2 zoned property.
EAST - Mill House Road, Southern Railroad and The Farm House
Restaurant zoned NC-2.
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Rural Residential within the Rural Buffer in the Joint Planning Area Land Use
Plan.
9
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 28,1996
PAGE: Two
EXISTING ZONING
NC-2 Neighborhood Commercial
PROPOSED ZONING
RB Rural Buffer
a) Intent
The purpose of the Rural Buffer(RB)District is to provide locations for rural
residential developments and agricultural, silvicultural or horticultural uses
which serve to buffer or separate more intensively planned and/or developed
portions of Orange County. Development within the Rural Buffer(RB)
District is at very low densities(the minimum lot size per dwelling unit is two
(2) acres) and relies on individual wells and ground absorption systems for
domestic water supply and sewage disposal, respectively.
b) Application Criteria
This district will usually be applied where the following conditions exist:
1. Designated by the adopted Comprehensive Plan as Rural Buffer or by the
adopted Joint Planning Area Land Use Plan as Rural Residential or both.
2. Urban services, including water distribution and sewage collection mains
are not likely within 10-20 years.
The following are permited by right in the Rural Buffer Zoning District:
H 1 a Large Day Care Home
H2 Single-Family dwelling w/wo efficiency apartment
H3 Two Family Dwelling
H5 Mobile Home Dwelling
H6 Family Care Home
H12 Temporary Mobile Home
10
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 28,1996
PAGE: Three
Accessory Uses
P2 Botanical Gardens & Arboretums
P4 Bus Passenger Shelter
P7 Church
P10 Governmental Protective Services (Police and Fire Stations) Rescue
Squads, Volunteer Fire Departments
P14 Public &Non-Profit Parks
P19 Schools: Elementary, Middle & Secondary
P23 Universities, Colleges & Institutes
P24 Governmental Facilities& Office Buildings
P25 Water and Sanitary Sewer Pumping Stations
S8 Clubs or Lodges
S13 Greenhouses(no on premises sales)
S 19A Class I Kennels
S35 Recreational Facilities (Profit/Non Profit): Golf Club & Golf Club
Country Club
The following uses are permitted in the Rural Buffer Zoning District with
approval of a Class A Special Use Permit:
P1 Airport General Aviation, Heliports, S.T.O.L.
P11 Landfills (2 acres or more)
P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone
Exchanges, Water and Sewage Treatment Plants
S54 Historic Structures Non-Residential/Mixed Use
The following uses are permitted in the Rural Buffer Zoning District with
approval of a Class B Special Use Permit:
H1 Day Care Facility
H7 Group Care Facility
H12 Temporary Mobile Home (Custodial Care)
P3 Buildings; Portable
P6 Cemetery
P8 Community Center
11
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 28, 1996
PAGE: Four
P17 Radio& Television Transmitting & Receiving Towers& Elevated Water
Storage Tanks
P22 Transmission Lines
P26 Camp/Retreat Center
S20 Class II Kennels/Riding Stables
S34 Recreational Facilities(Non Profit)
12
FINDINGS OF THE ORANGE COUNTY COMMISSIONERS
PERTAINING TO:
APPLICATION: Z-2-96 NEAL AND BETTY TAPP
BASED ON THE APPLICATION MATERIAL SUBMITTED,THE PLANNING BOARD
RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 2-Q::SPECIFIC STANDARDS FOR EVALUATION/REZONING("Yes"indicate compliance: "No„indicate Non-
compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
The application must comply
with all requirements
specified in Article 20-
Amendments. Those
requirements include:
20.3.2 a)Map showing affected _x—Yes No Site plan provided at scale Yes No
property at scale of not less of 1"= 100'.
than 1"=100'nor more than
1"=20'
20.3.2 b)Legal description of _x—Yes No Description provided on site plan. Yes No
property.
20.3.2 c)Explanation of alleged error, _x—Yes No The applicant is not indicating an Yes No
if any,to be corrected by proposed alleged error.
amendment.
20.3.2 d)Changed conditions _x—Yes No This area was designated as a Rural Yes No
if any,which make amendment Neighborhood node in the
reasonably necessary to promote 1981 Land Use Plan. When
public health,safety and the Joint Planning Land Use Plan
general welfare. was adopted on October 13, 1986
this designation was changed to Rural
Residential within the Rural Buffer.
13
ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING("Yes" indicates compliance: "No" indicates Non-
compliance)
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
20.3.2 e)Manner in which _x—Yes No The tract is designated Yes No
proposed amendment will carry out in the Joint Planning Area
purpose and intent of adopted Land Use Plan as Rural
Comprehensive Plan. Residential within the
Rural Buffer District. The
Rural Buffer Zoning District
is allowed in this plan designation.
ARTICLE 4-DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA
PLANNING
BOARD BOARD OF
RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS
FINDINGS TO SUPPORT FINDINGS FINDINGS
ORDINANCE REQUIREMENTS
Article 4.2 identifies the
criteria which will normally
be used to determine the
application of a zoning
district designation. The
zoning applied for is the RB
Rural Buffer designation.
The criteria for this district
are set forth in Article 4.2.1
and are as follows:
(1) Designated by the adopted _x_Yes No The property is designated as Yes No
Comprehensive Plan as Rural Rural Residential within the
Buffer or by the adopted Joint Rural Buffer in the Joint
Planning Area Land Use Plan Planning Area Land Use Plan.
as Rural Residential or both.
(2) Urban services, including _x—Yes No Urban services are not Yes No
water distribution and sewage available and not proposed
collection mains are not likely for the rezoning.
within 10-20 years.
14
TOWN OF CHAPEL HILL
=?CM couft4w SrIm
cm&r ,tmd.tXXM CAM MA M16
May 16, 1996 Tdq*—sM 9Wroo
Mr. Eddie kirk
Orange County Planning Department
306-F Revere Road
Hillsborough, NC 27278
Subject: Z-2-96 Neal a Betty Tapp, NC-2 to RB
Dear Eddie,
Thank you for providing an opportunity for Town comment, in
accordance with the Joint Planning Agreement, on the Tapp
rezoning request. We understand the applicant requests a
rezoning from Neighborhood Commercial-2 to Rural Buffer for
approximately 4.8 acres, on Mill House Road.
Although the proposed rezoning appears to be in accordance with
the Rural Buffer designation on the Joint Planning Land Use Plan,
we do have concerns associated with the range of uses allowed in
the Rural Buffer zoning district. We believe telecommunication
towers are allowed in the Rural Buffer district, and not allowed
in the Neighborhood Commercial-2 district. We request that the
County Commissioners be made aware of the list of uses allowed in
the zoning district at the May 28th Public Hearing on this item.
Thank you for providing an opportunity for comment.
Sincerel ,
9
J u per,
velopme Coordinator
JBC/mrk.LTR
15
5/28/96 Public Hearing Minutes
3. Zoning Atlas Amendments
(a) Z-2-96 Neal and Betty Tapp
Planner Eddie Kirk outlined the information as included in the agenda. The property
proposed to be rezoned is approximately 4.8 acres out of a 28.46 acre tract It is bounded by 1-40 to the
west and Mill House Road to the east and is located at the north intersection of these two roads. The
28.46 acre tract is currently zoned NC-2. The applicant proposes to rezone approximately 4.8 acres of the
tract to RB (Rural Buffer).
Commissioner Gordon asked why they want the rezoning and Eddie Kirk said that the
applicant has indicated his intention to apply for a Class B Special Use Permit for a communications tower.
However, the staff has not received an application.
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT
JERRY EATMAN spoke on behalf of the applicant. He stated that this application is
consistent in all respects with the code. Mr. Tapp has been approach by a company to buy this property on
which they will place a communication tower, though the project is not guaranteed.
NEAL TAPP said that this property is in the woods and this use would cause the property to
remain wooded and the tower would not be seen from the road.
EVE OLIVE, President of the Emerson Waldorf School which is close to this area, said that if
there is going to be a telecommunications tower on this property, she is concerned about the health impact
on the children. She stated that there has been a lot of evidence concerning the high incidence of leukemia
in children living near power lines. She asked that this health impact be stated in the Zoning Ordinance and
that the regulations limit the proximity of radio towers to areas where there are large numbers of younger
children.
County Attorney Geoffrey Gledhill clarified that the County Commissioners have a
responsibility to look at all the possible uses in making their decision on a rezoning. The Board would be
endorsing these uses if they approve the rezoning request.
A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther to
refer this item to the Planning Board for a recommendation to be returned to the Board of County
Commissioners no sooner than August 5, 1996.
VOTE: UNANIMOUS
(b) Z-3-96 Buckhom Road Economic Develooment District Exoansion
6/17/96 Planning Board Minutes
16
MOTION: Walters moved approval as recommended by the Planning Staff.
Seconded by Allison.
VOTE: 6 in favor.
1 opposed(Price).
b. Zoning Atlas Amendments
(1) Z-2-96 Neal and Betty Tapp
Presentation by Eddie Kirk.
The property proposed to be rezoned is approximately 4.8 acres out of a 28.46 acre
tract. It is bounded by I40 to the west and Mill House Road(SR 1725)to the east
and is located at the north intersection of these two roads(Tax Map 7.19..p/o2A).
The 28.46 acres tract is currently zoned NC-2(Neighborhood Commercial-2). The
applicant proposes to rezone approximately 4.8 acres of the tract to RB(Rural
Buffer).
The 4.8 acre parcel is undeveloped however the remainder of the tract to the north
contains a store located on NC 86 and a mobile home park which has about 23
spaces. The property directly west is I40 and directly east is Mill.House Road(SR
1725)which also contains the University Branch of the Southern Railroad.Across
Mill House Road is the Farm House Restaurant.
The Zoning Ordinance lists criteria which are normally used to determine the
application of Rural Buffer zoning. The purpose of an RB district is to provide
locations for rural residential developments and agricultural,silvicultural or
horticultural uses which serve to buffer or separate more intensively planned and/or
developed portions of Orange County.
The property is located in an area designated as Rural Residential within the Rural
Buffer in the Joint Planning Area Land Use Plan.
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on May 28, 1996. Commissioner Gordon
requested information about the intended use of the property.Planning
Staff indicated a special use permit for a cellular tower would probably be applied
for but an application has not yet been received. Mr.Neal Tapp and Mr.Jerry
Eatman spoke in favor of the request. Ms.Eve Olive indicated she had concerns
with the effects a cellular tower may have on the children at the Emerson Waldorf
School.
The Planning Staff recommends approval of the request for a Zoning Atlas
amendment from Neighborhood Commercial-2 to Rural Buffer per findings(an
attachment to these minutes on pages ).
Kirk distributed copies of a letter received this date from Jerry Hartzsell
recommending approval of the Zoning Atlas amendment. (A copy of this letter is an
attachment to these minutes on page )
17
Barrows asked if the rezoning would make a great number of changes in uses. Kirk
responded that in the Rural Buffer no commercial uses are permitted. One use
permitted in the Rural Buffer that is not permitted in Neighborhood Commercial-2
would be a tower with a Class B Special Use Permit.
Allison asked if information had been received regarding health concerns that
had been discussed previously. Kirk responded that comments that had been
presented at Board of Adjustment meetings had indicated that the towers have a
minimal effect. It had been stated that electric alarm clocks and microwave ovens
give off more radiation than the towers.
Jobsis stated that she had spoken informally with people on this issue and was told
that there is no scientific evidence that indicate harmful effects from radio tower or
cellular phone transmissions. The studies that have been done were done on the
high voltage electrical wires which is a totally different situation.
Willis responded that there are Federal standards related to radiation and towers that
must be observed. She continued that there was an item at the public hearing
concerning communication towers which will be presented at the next Planning
Board meeting. One of the issues that will be addressed is to specify that towers
would need to meet and prove that they do meet all of the Federal standards. Willis
noted that the County Attorney had stated that local jurisdictions do not have the
authority to decide on that basis. What can be done locally is to determine that those
standards that have been established by Federal authority are met. This will be
included in the Staff recommendation regarding communication towers.
Barrows questioned the finding on Article 20.3.2d referring to changed conditions
indicating she did not agree with a finding in the affirmative.
Kirk stated that changed or changing conditions is not a requirement that the
applicant would have to prove or meet. He emphasized that the applicant had to
meet only one or more of the statements of justification,not all four.
Further discussion indicated that the areas surrounding this parcel are all in the Rural
Buffer and rezoning this to Rural Buffer would be consistent with adjacent
properties. Willis noted that the Rural Buffer became effective in 1986 and this
tract was not included because of existing uses at that time.
Jerry Hartzsell explained the letter he had submitted and presented a map that
indicated the exact location of the proposed rezoning and the surrounding buffer
area.Jobsis expressed appreciation noting the map was very helpful in viewing the
area.
Jobsis asked for a vote on page 73,Article 20.3.2a-20.3.2d.
Six approved findings in the affirmative.
One opposed(Barrows).
Jobsis asked for a vote on page 74,Article 20.3.2e and Article 4.2.1 (1 &2).
Unanimous approval.
MOTION: Allison moved approval as recommended by the Planning Staff. Seconded by Price.
VOTE: Unanimous.
1
18
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HARTZELL a WH 1TEMAN , LLP
ATTORNEYS
Carolina Place
2626 Glenwood Ave.
Suite 500
Raleigh, NC 27608
Tel: (919) 571-8300
Fax: (919)571-1004
June 14, 1996
Via Facsimile
Joan Jobsis, Chair, Orange County Planning Board
Karen Barrows, Vice Chair, Orange County Planning Board
Planning Board Members Leo Allison, S.A.M. Brooks,
Margaret Brown, H. Paul Hoecke, Cheryl Howie,
Arnie Katz, Renee Price, Cherie Rosemond,
Robert Strayhorn, Elizabeth Walters
Re: Neal & Betty Tapp's Application to Rezone 4.8
Acres from Neighborhood Commercial-2 to Rural Buffer
Dear Ms. Jobsis, Ms. Barrows and Members of the Board:
On behalf of Neal and Betty Tapp, we wish to offer the following in support of the
application for zoning change:
• Neal and Betty Tapp are life-long Orange County residents who live close to
the property. Mr. Tapp is 66 years old, Mrs. Tapp is 60 years old.
• This property has been in the Tapp family for over 70 years. It has never
been used for "neighborhood commercial" purposes.
• Notwithstanding the NC-2 zoning classification, the property currently has no
viable neighborhood commercial use. It does not have water and sewer.
While it sits between I-40 and a railroad track, it does not have access to I-40
and derives no benefit from the railroad.
• The property cannot be put to use for neighborhood commercial purposes in
the foreseeable future:
JJH04932.T51
1
19
June 14, 1996
Page 2
o Water and sewer are not likely within the next 10-20 years, if ever.
0 The road access is not good for commercial purposes: Mill House
Road travels along the railroad track in front of the property, then at
the corner of the property the road crosses the railroad track at a
shallow angle.
0 The land slopes down from the railroad to I-40.
o Mr. Tapp believes the property will not perc, though he has not had it
tested.
• Orange County's Land Use Plan designates this land for Rural Buffer.
• The Zoning Officer recommends approval of the request; the planning staff
recommends the findings that support approval of the request;
Mr. and Mrs. Tapp ask that you likewise recommend approval of their rezoning request.
Very truly yours,
( 3. �Crom Hartze
JJH:nml
Enclosures
Our File: 301041.01
JJH04932.T51