HomeMy WebLinkAboutAgenda - 01-16-1996 - VIII-A 1
OR AN G E C 0 U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 16, 1996
Action Agenda
Item # y=L_A
SUBJECT: Z-8-95 JONES CONCRETE SERVICE -- ZONING ATLAS AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING Yes ^x_ No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
X2584
Findings of Fact
Application TELEPHONE NUMBERS:
Site Maps
Public Hearing Minutes 11-29-95 Hillsborough 732-8181
Planning Board Minutes 12-18-95 Durham - 688-7331
General Information Memorandum Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To consider a request to rezone a 1.54-acre lot
from AR Agricultural-Residential to EC-5 Existing
Commercial in Cedar Grove Township.
BACKGROUND: The Planning Staff requests the rezoning of a lot
owned by Henry Ernest Jones (Jones Concrete
Service) at 5908 NC 86 North also known as lot No.
2.33. .5. The premises has been used commercially
for Jones Concrete Service since 1969. The
property in consideration lies on the west side of
NC 86 approximately 2, 100 feet north of Carr Store
Road (SR 1352) /Sawmill Road West (SR 1545) and
3,300 feet south of Compton Road (SR 1353) . The
request is to rezone the property from AR
Agricultural-Residential to EC-5 Existing
Commercial to correct an oversight during the
original zoning of Cedar Grove Township which had
an effective date of January 1, 1994.
The property is located in an area designated by
the Comprehensive Plan as Agricultural-Residential
lying just north of the old Cedar Grove School and
a Rural Neighborhood Activity Node centered on the
intersection of NC 86 and Carr Store/Sawmill Road
West.
2
The Plan describes the Agricultural-Residential
category as containing rural areas where
-prevailing use activities are related to the land
(agriculture, forestry) and which is an
appropriate location for continuing these uses.
Existing land use on the property consists of a
business which provides concrete service. This
use is permitted in the EC-5 Existing Commercial
District, as listed in Section 4.3 Permitted Use
Table of the Orange County Zoning Ordinance: (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
buildings.
Existing land use to the north and south of the
Jones property is residential. To the east across
NC 86 is cropland, and on the west side is
woodland. Zoning for all surrounding properties
is AR Agricultural-Residential.
The Zoning Ordinance lists criteria which are
normally used to determine the application of EC-5
Existing Commercial zoning. The purpose of an
EC-5 designation is to provide for existing
commercial uses during the application of zoning
to previously unzoned townships. EC-5 may
accommodate existing commercial uses located in
areas not designated as Activity Nodes by the
Comprehensive Plan.
Information from the Orange County Sheriff, the
Fire Marshall, and 911 has been received
indicating that the uses permitted in an EC-5
zoning district at this location can be served.
Planning Staff Findings
The application for the rezoning of the tract from
AR Agricultural-Residential to EC-5 Existing
Commercial has been reviewed by the Planning
Staff. Findings follow:
1. An error was made with respect to the
property when zoning was adopted for Cedar
Grove Township on January 1, 1994.
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 not need to be
amended to accommodate EC-5 zoning.
3
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
Planning Board of November 27, 1995.
November 27, 1995 Public Searing Comments
A joint public hearing on the rezoning request was
held by the Board of County Commissioners and
Planning Board on Wednesday, November 27, 1995.
One statement was made in support of the rezoning
by Mark Sheridan, Attorney for Mr. Jones. He
stated that a building on the premises had burned
and needed replacing. Sheridan said that when
Jones applied for a building permit, the zoning
oversight was discovered by the Planning Staff and
a permit could not be issued.
No statements were made in opposition to the
rezoning request.
Minutes of the hearing are attached.
The Planning Board voted unanimously to recommend
approval of the rezoning per the attached
findings.
RECOMMENDATION: The Administration recommends approval of the
rezoning request.
4
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;ANGE COUNTY, NORTH CAROLI, -' 7
APPLIL. . .ION FOR CHANGE OF ZONING _ .STRICT
r
Date : l0�"9�
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 � � side of S .R . # /��-�6/V
( Street/Road) between S .R . # /05 and
S .R . #/ 3 It is known ajs Lot ( s) 5 BLock of
Orange C unty Tax Map — Township . It has a frontage
of 195 feet and a depth of 3(^09 feet , and contains
6Zg2ff2 square feet or 1. 54 acres .
2. It is desired and requested that the foregoing property be rezoned
from to Ela-5
3.. The foLLowing information has been _ attached in_. support of the
application for changing the Zoning Atlas (* — required on all
applications) . ----
•%. A fully dimensioned map at a scale of not less than one (1) inch
equals one—hundred (1001 feet nor more then one (1) inch equals.
1� a — twent')F' 1201 fsat-'&howing- -the land which is proposed to be
�a eo rezonad.
V-/*'-'b. A Legal description of the Land proposed to be rezoned.
`c. A statement of justification addressing one or mare of the
fo Llowing:
(1) The alleged error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a detailed
{� explanation of such error in the Zoning Atlas and detailed
reasons how the proposed amendment will correct the error.
(2) The changed or changing conditions, if any, in the area or
in the County generally, which make the proposed amendment
ressonebly necessary to the promotion of the public has Lth,
safety and general welfare.
0(3) The manner in which the proposed amendment ■ill carry out
the intent and purpose of the adapted Land—Uss- PLan--or--- part
thereof.
*(41 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. tire, police, rescue and utilities agencies)
/ assuring services provision capability to the development.
V d. A List of stL individuals, firms or corporations owning property
adjoining or within five hundred (500) feet of the property
sought for rezoning is attached. The List is current as of
(Dotal
I certify that eLL information furnished in this eppLication is accurate
to the best of sly knowLed e .
^App Licant ( s) : a
Address :
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ZONING ATLAS AMENDMEIVT REQUEST
Z-8-95 Henry Earnest Jones
Scale 1"=400'
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12
1 Rene Price, Planning Board member, asked about the existing use of the property.
2
3 Mary Willis indicated that the total tract consists of approximately 10 acres. There is a
4 residence on the southern most portion which is not being proposed for rezoning. There is
5 nothing on the portion being proposed for the rezoning. There is an antique store with a zoning
6 of NC-2 on the corner.
7
8 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to
9 refer this item to the Planning Board for a recommendation to be returned no sooner than
10 January 16, 1996.
11 VOTE: UNANIMOUS
12
13 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to
14 refer to the Planning Board and the Board of Health the problem of the septic system being
15 located in the wrong zoning district for a recommendation to be returned to the Board of
16 Commissioners.
17 VOTE: UNANIMOUS
18
19 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to
20 refer to the Planning Board a request that they review the permitted uses for Agricultural
21 Services District and recommend if there should be a change.
22 VOTE: UNANIMOUS
23
24 (b) Z-8-95 Jones Concrete (AR to EC-5)
25 0 This item was presented by Planner Mary Willis to receive citizen comment on
26 a Zoning Atlas Amendment request submitted by the Orange County Planning Department.
27 The Planning Staff requests the rezoning of a 1.54-acre lot owned by Henry Ernest Jones at
28 5908 NC 86 North also known as lot No 2.31.5. The premises has been used commercially for
29 Jones Concrete Service since 1969. The request is to rezone the property from AR to EC-5 to
30 correct an oversight during the original zoning of Cedar Grove Township. The Administration
31 recommends that the proposed Zoning Atlas amendment be referred to the Planning Board for
32 a recommendation to be returned no sooner than January 16, 1996.
33
34 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS.
35 None.
36
37 QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD.
38 None.
39
40 QUESTIONS AND/OR COMMENTS FROM CITIZENS.
41 Mark Sheridan, attorney for Henry Jones, spoke in support of this request. He
42 mentioned that Mr. Jones has been in the concrete service business for 35 years. He thanked
43 Ms. Willis for her candor in acknowledging the oversight in the zoning process. Mr. Jones was
44 denied a request for a permit to rebuild a structure damaged by fire. He was told that he did
45 not have the proper zoning. At that time the Planning Department filed the application on Mr.
13
1 Jones' behalf and waived the fee. He commended them for their initiative. He requested that
2 the zoning be changed.
3
4 A motion was made by Commissioner Willhoit, seconded by Commissioner Crowther, to
5 refer this item to the Planning Board for a recommendation to be returned no sooner than
6 January 16, 1996.
7 VOTE: UNANIMOUS
8
9 3. SPECIAL USE PERMITS
10 (a) SUP(A)-1-95 Reba and Roses (Non-Residential Use-Historic Structure)
11 The following people were sworn in to speak on this item: Mary Willis, Laura
12 Baldwin, Jo Barbour, Stephen Roberts and John Hartwell. This item was presented by Planner
13 Mary Willis to receive citizen comment on a Class A Special Use Permit Application for non-
14 residential use of a historic structure. This Special Use Permit Application was submitted by
15 Laura Baldwin allowing her to continue the operation of Reba And Roses gift and garden
16 shop/greenhouse at 112 Baldwin Road. The business is located in a former farm building on a
17 historic site known as Sunnyside. The non-residential use of the property is currently in
18 violation of the Zoning Ordinance. However, non-residential use of historic structures is allowed
19 with approval of a Special Use Permit.
20
21 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS.
22 None.
23
24 QUESTIONS AND/OR COMMENTS FROM THE PLANNING BOARD.
25 A Planning Board member asked why the Special Use Permit was not requested several
26 years ago.
27 Mary Willis stated that when this business started it was,simply a greenhouse and did not
28 require a Special Use Permit. It has evolved into a business that does require a Special Use
29 Permit.
30
31 QUESTIONS AND/OR COMMENTS FROM CITIZENS.
32 Mary Baldwin, owner of Reba and Roses, spoke in support of this request:- She is
33 committed to preserving the rural character or the area. She provides a place for local artists to
34 display their work. She also sells products that fit in with the atmosphere of rural character.
35 She distributed pictures of the greenhouse, the converted chicken house and surrounding land.
36 She stated that this is a commercial enterprise and a labor of love. Their customers come to
37 shop and to relax and visit. She requested that she be allowed to continue the business.
38
39 Jo Barbour lives in the area of Reba and Roses and is a customer. It is a wonderful
40 place to go and visit. She requested that this request be approved. She urged that the Board
41 of Commissioners support cottage industries.
42
43 Stephen Roberts indicated that he shares the property line and road with Reba and
44 Roses. He felt that this business is not suitable for the area, however, he requested that the
45 Commissioners approve the Special Use Permit with one condition. That condition would be
14
MOTION: Katz =moved approval of the recommendation for
referral of the issue of permitted uses as
suggested by the Planning Staff and, that the
Planning Board supports the immediate
establishment of a small area planning group to
work with the property owners and residents in
and around the White Cross activity node to
prepare a land use plan for the node. Seconded
by Reid.
VOTE: 10 in favor.
1 opposed - Walters was concerned that this
could be a stalling tactic.
Katz again expressed concern with the lack of
proper notification and asked that the Planning
Staff follow up on this concern. Willis
responded that according to General Statutes,
requirements have been met for notification.
It is not a requirement that tenants be notified.
Katz asked that discussion of the notification
process be included on the next long range
meeting agenda. Price expressed the same concern
noting that 500 feet in a rural area was not very
large. Chair agreed that this should be
discussed at the next meeting.
(2 ) Z-8-95 Jones Concrete (AR to EC-5)
Presentation by Jim Hinkley.
The Planning Staff requests the rezoning of a
1.54-acre--lot owned by Henry Ernest Jones at 5908
NC 86 North also known as lot 2.33.5. The
premises has been used commercially for Jones
Concrete Service since 1969 . The property lies on
the west side of NC 86 approximately 2, 100 feet
north of Carr Store Road (SR 1352) /Sawmill road
West (SR 1545) and 3,300 feet south of Compton
Road (SR 1353) . The request is to rezone the
property from AR Agricultural-Residential to EC-5
Existing Commercial to correct an oversight
during the original zoning of Cedar Grove
Township effective January 1, 1994 .
The property is located in an area--designated by
the Comprehensive Plan as Agricultural-
Residential lying just north of the old Cedar
Grove School and a Rural Neighborhood Activity
15
Node centered on the intersection of NC 86 and
Carr Store/Sawmill Road West.
The Plan describes the Agricultural-Residential
category as containing rural areas where
prevailing use activities are related to the land
(agriculture, forestry) and which is an
appropriate location for continuing these uses.
Existing land use on the property consists of a
business which provides concrete service. This
use is permitted in the EC-5 Existing Commercial
District, as listed in Section 4.3, Permitted Use
Table of the Orange County Zoning Ordinance.
Existing land use to the north and south of the
Jones property is residential. To the east across
NC 86 is cropland, and the west side is woodland.
Zoning for all surrounding properties is AR
Agricultural Residential.
The purpose of an EC-5 de-aignation is to provide
for existing commercial uses during the
application of zoning to previously unzoned
townships. EC-5 may accommodate existing
commercial uses located in areas not designated
as Activity Nodes by the Comprehensive Plan.
Information from the Orange County Sheriff, Fire
Marshall and 911 indicates that the uses
permitted in an EC-5 zoning district at this
location can be served. - - -- - -
The application has been reviewed by the Planning
Staff with the following findings:
1. An error was made with respect to the
-- - - — property when zoning was adopted for Cedar
Grove Township on January 1, 1994;
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 not need to be
amended to accommodate EC-5 zoning.
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.
At the public hearing on November 27, 1995, one
16
statement was made in support of the rezoning by
Mr. Mark Sheridan, Attorney for Mr. Jones. He
stated that a building on the premises had burned
down and needed replacing. When Mr. Jones applied
for a building permit, the zoning oversight was
discovered by the Planning Staff. No statements
were made in opposition to the rezoning request.
The Planning Staff recommends approval of the
rezoning request per findings. (A copy of the
findings is an attachment to these minutes on
pages . )
MOTION: Barrows moved approval as recommended by the
Planning Staff. Seconded by Hoecke.
VOTE: Unanimous.
c. Special Use Permits
( 1) SUP A-1-95 Reba and Roses
(Non-Residential Use - Historic Structure)
Presentation by Jim Hinkley.
The abstract information and findings are
attachments to these minutes on pages
The Planning Staff recommends approval of the
Class A Special Use Permit Application per the
findings, with the condition that the structure
be approved for commercial use by the Orange
County Inspections Division. Compliance with
Federal and State Building codes is a requirement
of Special Use Permit approval. The applicant is
in the process of obtaining certification from a
registered engineer regarding the integrity of
the structure. After review of this information
by the Orange County Inspections Division, the
applicant will be notified of any required
improvements to the structural and physically
handicapped accessibility requirements. These
improvements must be completed before the Special
Use Permit may be recorded.
i
ORANGE, COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 17
HILLSBOROUGH, NORTH CAROLINA 27278
INFORMATION MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: NOVEMBER 27, 1995
SUBJECT: Z-8-95 JONES CONCRETE SERVICE ZONING ATLAS CHANGE
REQUEST FROM AR AGRICULTURAL-RESIDENTIAL TO EC-5
EXISTING COMMERCIAL
GENERAL INFORMATION
APPLICANT: Orange County Planning Department
OWNER: Jones Concrete Service
Henry Ernest Jones
5908 NC 86 N
t Hillsborough, NC 27278
t
LOCATION: 5908 NC 86 North (Tax Map No. 2.33..5)
LOT SIZE: 1.54 acres on a 1.54-acre tract
EXISTING LAND USE: Residential/Commercial
ti
SURROUNDING LAND USE:
r,
NORTH - Residential
f
WEST - Agricultural-Residential
SOUTH - Residential
r
EAST - Residential
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Agricultural-Residential
1
INFORMATION MEMOx-ANDUM
TO: Board of County Commissioners g g
Planning Board
DATE: November 27, 1995
PAGE: Two .
EXISTING ZONING
AR Agricultural-Residential
PROPOSED ZONING
EC-5 Existing Commercial
a) Intent
The purpose of the EC-5 Existing Commercial District is to provide a
district to be used only during the application of zoning to previously
unzoned townships to accommodate existing commercial uses or in zoned
townships to previously zoned commercial property which is not located in
areas designated as Activity Nodes by the adopted Comprehensive Plan.
b) Application Criteria
This district will be applied to existing commercial uses in unzoned
townships and previously zoned commercial property located in areas not
designated as Activity Nodes in the adopted Comprehensive Plan. This
designation shall only be applied to property used for existing commercial
at the time of application of this ordinance.
The following is a list of permitted uses in EC-5:
HI Day Nursery, Daycare, Private Kindergarten
H2 Single-Family dwelling w/wo efficiency apartment
H5 Mobile Home dwelling -- -- -- - —
H6 Family Care Home
Accessory Uses
P4 Bus Passenger Shelter
P7 Church
P10 Governmental Protective Services (Police and Fire Stations) Rescue
Squads, Volunteer Fire Departments
P21 Schools: Dance, Art and Music
P25 Water and Sanitary Sewer Pumping Stations
S3 Animal Hospitals; Veterinarians
S6 Banks and Financial Institutions
S7 Beauty and Barber Shops
S 10 Farm equipment and sales
S13 Greenhouses (no on premises sales)
1
INFORMATION NIEMC - ANDUM
TO: Board of County Commissioners
Planning Board 19
DATE: November 27, 1995
PAGE: Three
S14 Greenhouses (on premises sales)
S15 Health Services: Under 10,000 sq. ft.
S21 Laundry and Dry Cleaning Services
S24 Motor Vehicle Maintenance and Repair (Body Shop)
S25 Motor Vehicle Sales Rental (new and used)
S26 Motor Vehicle Services Stations
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
S33 Printing and Lithography
S39 Restaurants: Carry Out
S40 Restaurants: Drive In
S41 Restaurants: General
S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond Immediate Space
Occupied By The Building Where:
A) ' Operations Are Designed to Attract & 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, & Rental of Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries of
Lot Where The Use Is Located.
A) Medium Traffic Generation (200-300 Trips/Day)
S44 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of
The Zoning District.--High_Volume Traffic Generation
S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond The Immediate
Space Occupied By The Building Where:
A) Operations Designed To Attract & Serve Few Customers Or Clients
On Premise Other Than Employees of the Principle Use.
B) Low Volume Traffic Generation (0-200 Trips/Day)
C) All Operations Within A Fully Enclosed Building & No Storage Or
Display of Goods Outside A Fully Enclosed Building
S46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries of
the Lot With Medium Traffic Generation (200-800 Trips/Day) No Storage
Or Display Of Goods Outside A Fully Enclosed Building
S50 Storage of Goods, Outdoor
S51 Storage and Warehousing, Inside Building
S53 Wholesale Sales
INFORMATION MEMORANDUM
TO: Board of County Commissioners 20
Planning Board
DATE: November 27, 1995
PAGE: Four
The following uses are allowed with a Class A Special Use Permit:
P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone
Exchanges, Water and Sewage Treatment Plants
The following uses are allowed with a Class B Special Use Permit:
H7 Group Care Facility
P3 Buildings; Portable
P22 Transmission Lines