HomeMy WebLinkAboutAgenda - 02-26-1996 - 3a rr
015
ORANGE C O U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 26, 1996
Action Agenda
Item # 3 a
SUBJECT: Z-1-96 SCHLEY COMMUNITY STORE AND FLEA MARKET -- ZONING
ATLAS AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No
BUDGET AMENDMENT REQUIRED: Yes —X—No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
X2584
Application
vicinity Map TELEPHONE NUMBERS:
Certificate of Mailing
Staff Findings Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To receive citizen comment on a request to rezone
property owned by Bobby and Lydia Crawford
BACKGROUND: The property proposed to be rezoned is a .82-acre
lot owned by Bobby M. and Lydia E. Crawford at
3301 NC 57 (Tax Map No. 2 .47 . .9) . It is located
on the west side of NC 57 approximately 1,000 feet
north of Walker Road.
The lot is currently zoned AR Agricultural-
Residential. The proposed zoning is EC-5 Existing
Commercial.
The existing use is known as Schley Community
Store and Flea Market, and consists of a 36' X 32 '
store and 26 ' X 60' enclosed shed. The premises
has been used commercially by the Crawfords since
1982, by the Minceys from 1981 to 1982, by the
Beavers from 1979 to 1981, and for about 25 years
prior to that the business was known as Smith's
Store No. 3.
The property is located in an area designated by
016
- = the Comprehensive Plan as Agricultural-Residential
lying about 3,600 feet southwest of the southern
edge of the Schley Rural Community Activity Node
which is centered at the intersection of NC 57 and
Schley Road (SR 1548) .
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 principal- use of the Crawford property
consists of a business which conducts sales of
antiques, collectibles, used household goods and
equipment, and general merchandise. This type of
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: (S43)
Retail Trade, Sales, and Rental of Durable and
Convenience Goods, Merchandise and Equipment;
where no adverse impacts occur beyond the
boundaries of the lot; and which generate medium
traffic volumes (200-800 trips per day) .
Existing land use to the north of the parcel is a
field in crop rotation and one residence. To the
west and south are cropland and pasture. To the
e st across NC 57 is cropland with one residence.
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 iiot designated as Activity Nodes by the
Comprehensive Plan.
Information from the Orange County Sheriff, the
Fire Mar3hall, and 911 has been received
indicating that the uses permitted in an EC-5
zoning district at this location can be served.
RECOMMENDATION: Artie e' 20.3.3 of the Orange County Zoning
Ordinance r 'quires that the Zoning Officer's
recommendaton be presented to the Planning Board
within 30 days of receipt of an application. The
30-day period may be extended up to 60 days with
the written c-3nsent of the applicant. The public
017
hearing is the time scheduled for presentation of
the Zoning Officer's recommendation.
Zoning Officer Recommendation
The Zoning Officer has reviewed the application
and all supporting documentation and has found
that the proposed atlas amendment would be
consistent with the Comprehensive Plan. Provided
the Planning Board and County Commissioners find
in the affirmative, the Zoning Officer recommends
approval of the request.
No decision on the application is made by either
the Planning Board or Board of Commissioners at
the public hearing. Instead, the Planning Board
has 60 days within which to prepare and submit a
recommendation to the Board of Commissioners.
Failure of the Planning Board to submit a
recommendation within the required time shall be
considered a favorable recommendation, without
conditions.
Administration Recommendation
The Administration recommends that the proposed
Zoning Atlas amendment be referred to the Planning
Board for a recommendation to be returned no
sooner than April 1, 1996.
018
ORANGE COUNTY , NCRTH CARCLINA 019
APPLICATION FOR CHANGE OF ZONING DISTRICT
0 a t e
TO THE BOARO OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The under•, igned do hereby make application to change the Zoning Atlas of
Orange County as hereinafter requested .
1 . The property is located on the �Nes� side of S .R . #
( Street/Road) between S .R . # Z..5-5� and
S .R . # It is known a ot14r+ 0 _, Block of
Orange County Tax Map �- Township . It has a frontage
of feet and a depth of ZV _feet , and contains
square feet or 082 acres .
2 . from is d i red and requea ote��h the foregoing property be rezoned
3 .- The following information has been attached in__ support of the
application for changing the Zoning Atlas (• - required on a L L
-3pplicationa) .
ea. A fully dimensioned asp at @ scsls of not lass then one (11 inch
_ squats one—hundred (100) fast nor more than one (1) inch aqusla
twenty' (201 feat- showln'g---t18 lAnd which is proposed to be
rezoned.
•b. A lagsl description of the Land proposed to be rezoned.
•c. A statement of Justification addressing sae or mars of the
•following:
/(1) The aLLsged error in the Zoning Ordinance, if any, which
r mould be corrected by the proposed amendment with a dataiLad
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 genersLLy, which sake the proposed amendment
reasonably necessary to the promotion of the public hesLth,
safety and general welters.
•(3) The manner in which the proposed @sandmen% wilt carry out
the intent and purpose of the adopted Land Use Plan or part
thereof.
0(4) 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, poLics, rescue and utilities agencies)
assuring services provision capability to the development.
d. A List of alt individuals, firms or corporations owning property
adjoining or within five hundred (500) feat of the property
soup t or r coning is sttaened. The List is current as of
(Date)
I certify that all information furnished in this application is accurate
to the bilst of my knowledge . -
Applicant ( s) :
Address :
Phone*:� /
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Prepared by/Return :o: Ialc.)n H. Loftin, At:jrnev, Hillsborough, N. C. 27273
iExcise Tax a,11 1.! Parse: Id. No. lax Map---u-Block
Lot 9
NORTH CAROLINA GENERAL WARRANTY DEED
ORA.vGE COUNTY DATE: 12-1-82
Grantors: (,rancees:
Charles D. Mincey and wife, Bobby 4. Crawford and wife,
Wanda `., `tincey- _ - I Lydia E. Crawford
_ I! 2t 4, Box 262
'STS Q H_= Beat State — Hillsborough, N. C. 27278
N Excise at
pRCIu A } � —
_ f.. _ •G__arc-rii- =—
(The above designations "Grantors" and "Grantees" as used herein shall embrace the singu-
lar, plural, masculine, cr neuter as the context may require)
This Deed, signed and sealed by the above designated Grantors, Wicnesseth: that the
iGrantors, for good, valuable and adequate considerations paid, receipt of which are hereby
acknowledged, have, and by these presents do, bargain, sell, grant and convey (sub]ec:
I only to the exceptions, reservations and conditions hereinafter sec forth) unto the
Grantees one or more parcels of land situate in :he Town of a/a
"<• Cedar Grove Township, Orange
p County, State of North Carolina and
more particularly described as follows:
TRACT I: BEGINNING at a stake in the cancer of State Hwy. 957, the Southeast corner of the
T. W. Winslow tract as purchased from Raymond Baker; running thence North 37' west 175
'feet to an iron stake; thence a new line Y. 17' Use 140 feet to an iron stake, corner
with T. W. Winslow; thence a new line S. 79' East 175 feet to a stake in the cancer of
said Hwy. 157; thence with the center of said blghway South 17' West 120 fear to the
point of BEGINNING, containing one-half acne, here or less, according to survey and plat
of J. Ralph Weaver, Registered Surveyor, dated January 31, 1953. The above tract is
ti subject to the easement of the Highway Commission along the Use end of the lot above
": `• described.
�}� :f TRACT TT: BEGINNING ac an iron stake in the center of N. C. Hwy. 157, the Northeast
corner of the .51-acre Thomas C. neBrovm lot; thence from said be iaaia
g g point along the
cancer of said highway North 18' 07' East 32 feet to a steel spike in the center of said
highway, a new corner; thence a new line North 81' 13' West 229.36 feet to an iron stake,
d l a new corner; thence a new line South 16' 35' West 170.3 feet to an iron stake in the
:forth line of Mamie Mcaroom property, a new corner; thence along the said Mande Mc3room
property, line South 85' 55' Use 53.6 feet to an iron stake, the Southwest corner of the
said .51-acre lot (which stake is located North 85' 55' West 411.6 feet from a two-inch
iron pipe at the c-mmon corner of JohsWatkins and Lindsey Woods properties Ease of said
highway); thence along the West line of said .51-acre lot North 16' 35' East 140 feet
co an iron stake, the Northwest corner of said .51-acre lot; thence along the North line
of said .51-acre lot South 79' 59' East 175 feet to the place or point of BEGIMUG,
containing .32 acres, according to plat and survey of Robert A. Jones, Registered Surveyor,
1 dared January 21, 1964, entitled "PRGFEATT OF THOKA.S C. MCSROOM', and shown as the new
lot an said plat. This conveyance is made subject to the N. C. Highway No. 57 right of
way shown on said plat. '
CWD - Page 1
all ' I
02 M 404 Ma-
i 135
To have and to hold the said lands, together with all easements, privileges, and
other appurtenances charaunto belonging, unto the Grantees in fee simple absolute, unless j
otherwise indicated within :he four corners of this Deed: and the Grantors covenant with
the Grantees that Grantors are seized of the premises in fee simple, have the right to
convey the same in fee simple, that title is marketable and free and clear of all II' I
encumbrances, and that Cran:ors :rill warrant and defend the title against :he lawful II
claims of all persons whomsoever except for the exceptions hereinafter stated.
• I I1
Title to the property above described is hereby conveyed subject to the following '
exceptions, reser-ratlons, and conditions:
!II
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II
LV WITNESS WHEREOF, the Grantors have hereunto set their hands and seals. ill
_
( / (SEAL) (,t�Ctixi'�er` �}•�• ��lu (SEAL) II II
CHARLES D. MINCLY WANDA `1. MINCEY -
(SEAL) (SEAL)
NORTH CAROLINA, ORANGE COUNTY > 'af
3r
Z, a Notary Public of the County and State aforesaid, certify that z(
`T7L�zs r' r✓ll.elee� '7,11 . 7���. antors,
person&Zly appeared before me this day en acknowledged the•Axecu;ion o bt. e-foregoing
Deed. Witness my hand and notarial seal, this 1_ daq of ,�� �, �{g 8Am-
'!y Commission Expire 4:, NA
Pu9ut 14DTARX ?UBLIC
u
NORTH CAROLINA, ORANGE COUNTY y ,w n,
The foregoing Certificate of Nancy W. Woods a notary puDlia of`the dasigtuted
governmental unit is certified to be correct.
Filed for registration on the 3rd day of December 1982 at 1:04 o'clock
clock
P- M. and duly recorded in the office of Cho iste of Deeds of this County is
look No: 4o4 Page 134 I
BETTY JUNE HAYES, Register of Deeds B �./ w
Asac. 1 is ter of Deeds
GWD - Page 2
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026
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
I, James R. Hinkley, Zoning Officer, Orange County, North
Carolina, DO HEREBY CERTIFY THAT:
On or about February 9, 1995, I sent by Certified Mail,
postage prepaid, a Notice of the Public Hearing to be held on
Monday, February 26, 1996, 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-1-96
requested by the Orange County Planning Department to rezone a
tract totaling .82 acres situated entirely on the property of
Bobby M. and Lydia E. Crawford at 3301 NC 57 (Tax Map No.
2.47. .9) . The notice was sent to four property owners who hold
title to four parcels which lie within 500 feet of the Crawford
property (Schley Community Store and Flea Market) . A list of the
parcels and their owners lying within 500 feet of the property
requested for rezoning and their owners is attached.
James R. Hinkley, AICP
Zoning Officer
ATTEST:
Kay Evans
Notary
027
Z-1-96 CEDAR GROVE TOWNSHIP
Schley Community Store and Flea Market
Bobby M. and Lydia E. Crawford
AFFECTED PROPERTY OWNERS
within 500 feet
Page One of One
Tax Map Number Property Owners
2.47. .7A Bobby M. Crawford
Lydia E. Crawford
3301 NC 57
Hillsborough, NC 27278
2.47. .78 Donald B. Riger
2407 Beavertail Drive
Hillsborough, NC 27278
2.47. .8 Bobby Mack Crawford
-__-- - Lydia E. Crawford
3301 NC 57
Hillsborough, NC 27278
2.47. .11 James Donald Blake
_ Dollie P. Blake
P.O. Box 3300
Hillsborough, NC 27278
4.2. .13 Milton A. Latta & Sons Dairy
3200 Edmond Latta Road
Hillsborough, NC 27278
4.2. . 16 Winder L. Wilson
Garl-Dean R. Wilson
3020 NC 57
Hillsborough, NC 27278
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ORANGE COUNTY PLANNING DEPARTMENT 031
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
u IF_
INFORMATION MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: FEBRUARY 26, 1996
SUBJECT: Z-1-96 SCHLEY COMMUNITY STORE AND FLEA MARKET ZONING
ATLAS CHANGE REQUEST FROM AR AGRICULTURAL.
RESIDENTIAL TO EC-5 EXISTING COMMERCIAL
GENERAL INFORMATION
APPLICANT: Orange County Planning Department
OWNER: Bobby M. and Lydia E. Crawford
3301 NC 57
Hillsborough, NC 27278
LOCATION: 3301 NC 57 (Tax Map No. 2.47..9)
LOT SIZE: .82 acre on an .82-acre tract
EXISTING LAND USE: Commercial
SURROUNDING LAND USE:
NORTH - Agricultural-Residential
WEST - Agricultural
SOUTH - Agricultural
EAST - Agricultural-Residential
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Agricultural-Residential
O 3 21NFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: February 26, 1996
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:
H1 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
S10 Farm equipment and sales
S13 Greenhouses (no on premises sales)
INFORMATION MEMORANDUM 033
TO: Board of County Commissioners
Planning Board
DATE: February 26, 1996
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
0 3 4 INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: February 26, 1996
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