Loading...
HomeMy WebLinkAboutAgenda - 04-01-1996 - IX-B a • 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1. 1996 Action Agenda Item# -[2L—,8 SUBJECT: Z-1-96 SCHLEY COMMUNITY STORE AND FLEA MARKET--ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING: Yes_X_No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley X2584 Findings of Fact Application TELEPHONE NUMBERS: General Information Memorandum Public Hearing Minutes Hillsborough - 732-8181 Planning Board Minutes Durham -688-7331 Mebane -227-2031 Chapel Hill -9684501 PURPOSE: To consider a request to rezone a .82-acre lot from AR Agricultural- Residential to EC-5 Existing Commercial in Cedar Grove Township. BACKGROUND: The Planning Staff requests the rezoning of a .82-acre lot owned by Bobby M. and Lydia E. Crawford at 3301 NC 57 (Tax Map No. 2.47..9). The parcel is located on the west side of NC 57 approximately 1,000 feet north of Walker Road. Currently zoned AR Agricultural-Residential, the proposed zoning for the lot is EC-5 Existing Commercial. The existing use is known as Schley Community Store and Flea Market. It 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 Y 2 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 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 east 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 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: e 3 1. An error was made with respect to the property when zoning was adopted for Cedar Grove Township on January 1, 1994. 2. Rezoning 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.. Listed uses in the EC-5 district are given in the attached General Information Memorandum to the Board of County Commissioners and the Planning Board of February 26, 1996. February 26, 1996, Public Hearing Summary A joint public hearing on the rezoning request was held by the County Commissioners and Planning Board on February 26, 1996. No statements were heard from the public, County Commissioners, or Planning Board. Minutes of the hearing are attached. The planning Board voted to recommend approval of the rezoning per the attached findings. The vote was eight for the rezoning and two against. Minutes of the Planning Board meeting of March 18, 1996, are attached. RECOMMENDATION: The Administration recommends approval of the rezoning request. o z z z ° O I z v � z_ N N N U N U x o U N 0 o � • a W R •� tt1 � >.E- V3 z > LV lu oy3N = w Q m 4) Z W z z V z ° i zI OW O v CIS N N N N O 7G' X� X� u N ¢ z w O ¢ w w z ~ C C U a U Fx, 03 a O C �„ -0 -01_0 A c 0 `0 °°' y s? o c a oi 0. W � 6-_ a�i � � �'- �•� v � � 8 � ti r,/ n N d^ N .t+ N N 3 S 3 5 N o d p .v v p y 01 G o 'N N o �` G"• oD 4 a> T � �/'� O � sue. ✓ O O > � G GCS W y p CD N y R G O� 'Lr`, N �' NG d ✓ Cd G O y v N 7 N N f^ Q � a 0 d N N •'d N ask Off+ G• N � 0 � R N, R p 'O N N rG d r3 II N v ca N 6 M 0 o � � 1 0 1 z r +'O N ►3 O R R � y R G ,T on G O G C4 G U � I G O U 03 U o It ts Lin 0 a W 0 7 � d w o d 1 H w ° x �� cn p � v l o � rt1 ' '' d •a rEy+ 0 o per,, t_J+ � � N � S • N � .O N � � w yfl` � oD0 ✓ � o Q, � d _ 7 RANGE COUNTY , NCRTH CARCLI.. . t APPLICATION FOR CHANGE OF ZONING DISTRICT` D a t e : TO THE BOARD 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 W&St side of S .R . f 5 ( Street/Road) . between S .R . # 1503_ and S .R . I It is known a otLa-} 0 _, Block '^ of Orange County Tax Map �— Township . It has a frontage of feet and a depth of _feet , and contains square feet or •82 acres . 2 . It is desired and requested zzhet the foregoing property be rezoned from Ale to �G 3.- The fo l L-owi ng 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 seats of not Less then one (1). inch equals one—hundred (100) feat nor more then one (1) inch equals twenty- 1201 rest- showin-g•--the land which is proposed to be rezoned. •b. A LegaL description of the Land proposed to be rezoned. •c. A 'statement of justification addressing one or more of the fo L Lowi ng: ✓(1) The aLLaged 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 detaited reasons how the proposed amendment ■ill correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment reeaonabty necessary to the promotion of the public hasLth, safety and ganereL welfare. '(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use PLan or pert 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, police, rescue and utilities agencies) assuring services provision capability to the development. d. A List of all individuate, firms or corporations owning property adjoining or within five hundred (500) feat of the property soup t or r zoning is attached. The list is current as of (Data) I certify that eLl information furnished in this application is accurate to the best of my knowledge . -- Applicant (s) • -7 Address : Phorrs :� _ 8 SCHLEY RD. 1 C n 0 t.VR0. L� l b isae l Schle f o LATTA RD. 1550 1 - - �- 1552 0 � as � S MWGEY RD RD. W 57 J 'HELPS BRO = R0� ------ ----- --- -f-- - -=- ----- ------- -- - ------- i � n+EL RO - � / kQC E t Ro 1 BURKE R0. q 1 OIL %1 u. ��� i • lex rw � r� � 1 � .. .+ .� �'. �.✓ 1 Eno .Q Z-1-96 Bobby M. & Lydia E. Crawford 1M = 4,000' 9 r �w 1 ' o, '1 ON ................... ........... .......... .. .. ::*:::. .. .. .. ........... ............ . ..... ......................... ...................... ... ..... l=; y o� W s ,y ^` ...................... . ............. . ........................ ;::......... ................ ........................... ....................... ....................... ....................... .................. ......... X11 u....................... .......... ........................... .............. �. a �3 --�. -3 . .� �. 0 - '' ,.--- _ . is r-. v .. M is .... N ::�► . ca. w �.w.�/ qhv ORANGE COUNTY PLANNING DEPARTMENT 10 t 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 c 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 INFORMATION MEMORANDUM 11 1 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: 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 INFORMATION MEMORANDUM 12 TO: Board of County Commissioners Planning Board DATE: February 26, 1996 PAGE: Three S 10 Farm equipment and sales S13 Greenhouses (no on premises sales) 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 INFORMATION MEMORANDUM 13 TO: Board of County Commissioners Planning Board DATE: February 26, 1996 PAGE: Four S50 Storage of Goods, Outdoor S51 Storage and Warehousing, Inside Building S53 Wholesale Sales 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 U Lill UZl li 4 14� 1 Melinda Coleman, Preservation Planner with the Division of Archives & History, spoke in 2 support of this plan for which funds were awarded in 1994. The primary goal of the Division of 3 Archives & History's Preservation Program is to make historic preservation a part of local 4 planning by weaving it into the fabric of govemmental decisions. This money was granted to 5 Orange County because it was clear that good structures were available for protection and that 6 this plan had potential to be a model for other communities. In particular, the Division of 7 Archives and History was pleased that citizen participation was such a high priority in this 8 project. 9 10 A motion was made by Commissioner Wllhoit, seconded by Commissioner Gordon, to 11 refer the Historic Preservation Element to the Historic Preservation Commission and the 12 Planning Board for recommendations to be returned to the Board of Commissioners no sooner 13 than April 1, 1996. 14 VOTE: UNANIMOUS 15 16 3# Zoning Atlas Amendments 17 (a) Z-1-96 Schley Community Store and Flea Market 18 This item was presented by Planner Jim Hinkley to receive citizen comment on a 19 request to rezone property owned by Bobby and Lydia Crawford. The property proposed to be 20 rezoned is a .82-acre lot owned by Bobby M. And Lydia E. Crawford at 3301 NC 57 (Tax Map 21 No. 2.47..9). It is located on the West side of NC 57 approximately 1,000 feet north of Walker 22 Road. The lot is currently zoned AR Agricultural-Residential. The proposed zoning is EC-5 23 Existing Commercial. The existing use is known as Schley Community Store and Flea Market, 24 and consists of a 36' X 32' store and 26' X 60' enclosed shed. The premises have been used' 25 commercially since the mid-1950's. The Crawfords have used the property for a commercial 26 use since 1982. The property is located in an area deslynalW Uy tl w Comprehensive rian as 27 Agricultural-Residential. 28 29 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS, PLANNING 30 BOARD OR CITIZENS 31 32 None. 33 34 A motion was made by Commissioner Halkiotis, seconded by Commissioner Crowther, to 35 refer the proposed Zoning Atlas amendment to the Planning Board for a recommendation to be 36 returned no sooner than April 1, 1996. 37 VOTE: UNANIMOUS 38 39 4. Zoning Ordinance Text Amendments 40 (a) A lele 6.3.11 Watershed Protection Overlay Districts 41 (b) Article 8 Special Uses 42 These items were presented by Planner Mary Willis. Item (a)was presented for 43 the purpose of receiving cifbzen comment on a proposed amendment which would authorize the 44 Board of Adjustment to grant variances to allow the use of septic easements in watersupPlY 45 watersheds. Item (b)was presented to receive citizen comment on proposed amendments to 4 15 DRAFT Rosemond asked about attendance at the public meetings. Belk responded that attendance was better at the second and third meetings. He noted also that good feedback from citizens was received at the meetings. Even though there were no comments from the general public at the public hearing,Belk stated that he had received several calls with positive comments and interest from property owners in pursuing inclusion on the National Register. Barrows asked about the criteria for inclusion on the National Register. Belk responded noting the major criteria: age,must be fifty years of age,the importance of the architectural style, and the importance of the person who lived at the location. He emphasized that the importance of the person could be in relation to their importance in the community such as a teacher, craftsman,etc. This would include people from all walks of life. Katz asked what concerns were indicated by calls that Belk had received. Belk responded that people are concerned about new development that would alter the character of the rural setting,the availability of technical assistance and funding for restoration. Brown asked if there is a mechanism within the plan for upgrading and adding to. Belk responded yes,the Historic Commission will continue to add to the inventory or resources. Brown asked how this plan would coordinate with development plans expressing particular concern with cemeteries. Belk responded that there are federal and state guidelines regarding protection of cemeteries. As development projects come into the Planning Department they will be reviewed for historical significance and recommendations will be made accordingly. The regulatory tools will become effective once designation of historical sites has occurred. Brown asked about references to tax relief. Belk responded that NC General Statutes authorize local governments to provide a 50%tax deferral of property taxes for locally designated properties. MOTION: Allison moved adoption of the Historic Preservation Element as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. b. Zoning Atlas Amendments (1) Z-1-96 Schley Community Store&Flea Market Presentation by Jim Hinkley. The property proposed to be rezoned is a.82 acre lot at 3301 NC 57(Tax Map No.2.47..9)owned by Bobby M.and Lydia E.Crawford.The parcel 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 and the proposed zoning is EC-5 Existing Commercial. The existing use is known as Schley Community Store and Flea Market. It consists of a 36'X32' store and 26'X60' enclosed shed. The premises has been is 16 DRAFT 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 the Comprehensive Plan as Agricultural-Residential lying about 3,600 feet southwest of the southern edge of the Schley Rin-A 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 east 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 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. 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 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. 1 17 There were no comments at the public hearing from the public,County DRAFTCommissioners,or Planning Board. The Zoning Officer recommends approval of the rezoning per the findings(an attachment to these minutes on pages Barrows expressed concern that the property is in an AR district and that at some point it would be inappropriate for such a use. Hinkley emphasized that an error was made with respect to this property when zoning was adopted for Cedar Grove Township January 1,1994. There had been a commercial use on this property for more than thirty years. Waddell asked what would be allowed on the property if the error had not been made when zoning was adopted. Hinkley referred to the list of uses(an attachment to these minutes on pages )that would be permitted as a right or with a Class A or B Special Use Permit. Reid expressed concern that the amount of road frontage,two hundred feet, may not be sufficient for some of the permitted uses. Hinkley responded that .82 acres has been the zoning lot of record for forty years or more. Hinkley noted also that the existing commercial designation goes with the property in perpetuity; however, the size of the lot cannot be expanded. MOTION: Waddell moved findings on page 49 in the affirmative. Seconded by Katz. VOTE: Unanimous. 'MOTION: Reid moved findings on page 50 in the affirmative. Seconded by Walters. VOTE: 9 in favor. 1 opposed(Barrows-outside of a node and would be more in keeping with the Comprehensive Plan if inside the activity node). MOTION: Waddell moved findings on page 51 in the affirmative. Seconded by Barrows. VOTE: Unanimous. MOTION: Reid moved approval of the rezoning as recommended by the Zoning Officer. Seconded by Waddell. VOTE: 8 in favor. 2 opposed(Rosemond and Barrows-reasons already stated by Barrows). c. Zoning Ordinance Amendments (1) Article 6.23.11 Watershed Protection Overlay Districts(Administration) Presentation by Jim Hinkley.