HomeMy WebLinkAboutAgenda - 05-28-1996 - C3(a) 77
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 28. 1996
Action Agenda
Item#_C 3(a)
SUBJECT: Z-2-96 Neal and Betty Tapp-Zoning Atlas Amendment
DEPARTMENT: Planning PUBLIC HEARING: _x—Yes No
BUDGET AMENDMENT REQUIRED: Yes_x—No
ATTACHMENT(S): INFORMATION CONTACT:
Eddie Kirk
Application Extension 2582
Vicinity Map
Staff Findings TELEPHONE NUMBERS:
Certificate of Mailing Hillsborough- 732-8181
Town of Chapel Hill Comments Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To receive citizen comment on 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 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/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 mobile home park which has about 23
spaces. 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.
( 8
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.
RECOMMENDATION: Article 20.3.3 of the Zoning Ordinance requires that the Zoning Officer's
recommendation 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
consent of the applicant. The public 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 rezoning would be consistent
with the Comprehensive Plan. Provided the Planning Board and the 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 August S, 1996
ORANGE COUNTY, NORTH CAROLINA ( 9
APPLICATION FOR CHANGE OF ZONING DISTRICT
Date : - S -9lp
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 . # 1725
( Mill House Rd. Street/Road) atween -40
S .R . # I and
S .R .# Nr 86 It is known as LpC� �l�n ° 2A Block of
Orange County Tax Map - Township . It has a frontage
of 450 feet and a depth of 360-560 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 t• - required on aft
appLicationsl ._
•a. A rutty dimensioned map at a lost* of not lass than one (11 inch
equate ono—hundred (11301 feet nor more then one (1) inch squats,
- twenty t201 fast' showiwq--tha Land mhich 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:
(1) The dieted 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 wilt Carib00% the error.
(2) The Changed or changing Conditions, if any, in the area or
in the County 0eneretty, which make the proposed amendment
reasonably necessary to the promotion of the public health,
safety and genaraL matters.
OW The manner in which the proposed amendment will carry out
the intent and purpose of,the adopted Land Use PLon or part
thereof.
*14) ALL other Circumstances, factors and reasons which the
applicant offers in support of the proposed amendment
including, but not Limited to, documentation tram service
agencies (e.g. firs, poLlcs, rescue and utitities agsnciss)
assuring services provision capability to the development.
d. A ties of *LL ind4viduals. firms or corporations owning property
adjoining ' Or within five hundred 1300) test of the property
sought top rezoning is attached. The list is current as of
(Decal
I certify that all information furnished in this appLication is accurate
:o the bmst of my knowledge .
applicant ( *) : mp&i T;%nn -
kddress : 6023 NC 86
Chapel Hill , Nr! 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 82
VICINITY MAP
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SITE -d New Jericho d. Mill House Rd.
SR 1725
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RB ZONING: RURAL BUFFER ZONE
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05
• 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..pio 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.
&b .
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 28,1"6
PAGE: Two
EXISTING ZONING
NC-2 Neighborhood Commercial-2
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 is a list of permitted uses in RB:
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
V
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 2$,1996
PAGE: Three
Accessory Uses
P2 Botanical Gardens &Arboretums
P4 Bus Passenger Shelter
P7 Church
P10 Governmental Protective Services(Police and Fire Stations) Rescue
Squads,Volunteer Fire Departments
P14 Public&Non-Profit Parks
P19 Schools: Elementary,Middle& Secondary
P23 Universities,Colleges& Institutes
P24 Governmental Facilities& Office Buildings
P25 Water and Sanitary Sewer Pumping Stations
S8 Clubs or Lodges
S13 Greenhouses(no on premises sales)
S 19A Class I Kennels
S35 Recreational Facilities(Profit/Non Profit): Golf Club& Golf Club
Country Club
The following uses are allowed with a Class A Special Use Permit:
P1 Airport General Aviation,Heliports, S.T.O.L.
P11 Landfills(2 acres or more)
P16 Public Utility Stations and Sub-stations, Switching Stations,Telephone
Exchanges,Water and Sewage Treatment Plants
S54 Historic Structures Non-Residential/Mixed Use
The following uses are allowed with a Class B Special Use Permit:
HI Day Care Facility
H7 Group Care Facility
H12 Temporary Mobile Home(Custodial Care)
P3 Buildings; Portable
P6 Cemetery
P8 Community Center
P12 Landfills(less than 2 acres)
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: May 28,1996
PAGE: Four
P17 Radio &Television Transmitting & Receiving Towers & Elevated Water
Storage Tanks
P22 Transmission Lines
P26 Camp/Retreat Center
S20 Class II Kennels/Riding Stables
S34 Recreational Facilities(Non Profit)
A ' 89
FINDINGS OF THE ORANGE COUNTY COMMISSIONERS
PERTAINING TO:
APPLICATION: Z-2-96 NEAL AND BETTY TAPP
BASED ON THE APPLICATION MATERIAL SUBMITTED,THE PLANNING BOARD
RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE ZQ_SPECIFIC STANDARDS fQ$EVALUATION/REZONING " "indicates compliance:NQ�indicates Non-
compliance)
PLANNING
STAFF PLANNING
RECOMMENDED EVIDENCE SUBMITTED BOARD
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 I"= 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 used to be in 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 area was changed to Rural
Residential within the Rural Buffer.
M
90 2
ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/RFZONING("Yes"indicates compliance* "No" indicates Non-
compliance)
PLANNING
STAFF PLANNING
RECOMMENDED EVIDENCE SUBMITTED BOARD
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
20.3.2 e)Manner in which _x—Yes No The tract is categorized 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
proposed zone is consistent
with this district.
ARTICLE 4-DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA
PLANNING
STAFF PLANNING
RECOMMENDED EVIDENCE SUBMITTED BOARD
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.
7 1157
7 11A LL
AVA Hog Corporation
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OA MC 1733 -1 PC 17gi -,
1 A
Al ' ?I Coto -, 7731 — Tcat nj TrinTpart3tiz.
"- 7 7 2 0: a m I r Y 3 � n 7 Kv 1 772n
a g i l l , 07 7751 -1 � � 0 am , OC 17701
spaHai 1 Dickinson DO : Univarvity
6107 hill Hon�a Rd , Duki Furnst /102 Orajon it ,
Chou ! Hill- , NC 27516 05 jordan Vag .
—, Aam , NC 7770S
7 . 19 . . 26C
Graydoi Lac Ekdahl Emerson Waldorf School
A 19 Village Croon Support Group
Chipal Hill , OC ?751 ,1 6711 law Jericho ed .
Chapel Hill , PC 27514
7 . 19 - 19 , 19A , EA 7 ! 1 . !?A
Lannard Tzrry Fuqua Sr . A U- aonnar W . Guilford
9113 PC 16 Morth 1371 Perth Rd .
cadar Grove , MC 2031 Troutman , PC 28166
7 . 19 . 5 , 7 . i_ !! . . 3 7 . 14 109 , 10A3 . 19 - 7A
john A . Ha"Itsby Meal D . Tapp
I Anne Maultiby A Betty Tapp
790 Williams Circli 6023 NC 86
C" ape ' Hill , NC 27514 Chapel Hill , MC 27511
7 19 , !A 7 . 19 -3
Alayandar E , Verbicki Etal Woodl3wn Max . Ga •don; inc .
X Elai G . Wiarbicki D5A Restland Men . Gardens
" sani - 17d pl 6309 Virolnia Beach 3Y
Ono& " III , NC ?7511 Hcrfolk . VA 23502
3
92 ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD _
HILLSBOROUGH, NORTH CAROLINA 27278
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY,NORTH CAROLINA
I, Eddie Kirk,Zoning Officer, Orange County,North Carolina, DO HEREBY CERTIFY that on or
about May 10, 1996,mailed, by certified mail, postage prepaid, a Notice of the Public Hearning to be
held on the Neal and Betty Tapp request for rezoning of approximately 4 8 acres in Chapel Hill
Township from Neighborhood Commercial_? to Rural Buffer, to each property owner as required by
Article 20 Section 20.6.3 of the Orange County Zoning Ordinance.
The notice mailed specified the date,time,place and subject of the Public Hearing on the zoning
classification change.
WITNESS my hand,this the 1jah day of May. 1996.
Eddie Kirk
Planner II
93
TOWN OF CHAPEL HILL
M"am COLUM A STIOU
CHAM 101..MOM CAAGUM mt.
May 16, 1496 idvMM MM+p-2+ao
Mr. Eddie Kirk
Orange County Planning Department
306-F Revere Road
Hillsborough, NC 27278
Subject: 9-2-96 Neal a Betty Tapp, NC-2 to RH
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 Huffer for
approxiaat-aly 4.8 acres, on Hill 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 Huffer district, and not allowed
in the Neighborhood Cowmrcial-2 district. we request that the
County Commissioner* be made aware of the list of uses allowed in
the zoning district at the Max 28th Public Hearing on. this item.
Thank you for providing an opportunity for comiment.
Sincerel ,
J r,
vsl Coordinator
JHC/mrk.LZR