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HomeMy WebLinkAboutAgenda - 08-26-1996 - C1b UJ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 26, 1996 Action Agenda Item #-C 1b SUBJECT: Z-4-96 Charles W. Davis and James L. Davis DEPARTMENT: Planning PUBLIC HEARING: _x—Yes No BUDGET AMENDMENT REQUIRED: Yes_x—No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Extension 2582 Application Vicinity Map Staff Findings TELEPHONE NUMBERS: Certificate of Mailing Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment in Hillsborough Township requested by Charles W. Davis and James L. Davis. BACKGROUND: The property proposed to be rezoned is approximately 105 acres out of a 107.57 acre tract. It is located on the east side of Old NC 86 and is bounded by Cates Creek and the Town of Hillsborough Zoning Jurisdiction to the northwest and the I-40/NC 86 Economic Development District to the south. The 105 acres is currently zoned Rural Residential (R-1). The applicant proposes to rezone the property to Residential-3 (R-3). The remaining 2.57 acres of the tract is located in the Town of Hillsborough's zoning jurisdiction. The parcel is undeveloped and the surrounding property is mostly undeveloped. The southeast comer of the property abuts section 3 of Stagecoach Run subdivision which at the present time contains 5 houses. The northwest property line abuts the Town of Hillsborough's Planning Jurisdiction where the property is zoned Economic Development District. The Town has approved The Old Mill commercial subdivision in this area. 1016 The Town engineer has indicated that water and sewer capacity is available to serve this area, however, extensive off-site improvements/extensions will be required of the developer when a development is proposed. The Zoning Ordinance lists criteria which are normally used to determine the application of Residential-3 zoning. The purpose of an R3 district is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. The property is located in an area designated as Twenty Year Transition in the Land Use Element of the Orange County Comprehensive 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 October 1, 1996. ORANGE COUNTY, NORTH CAROLINA '01'7 APPLICATION FOR CHANGE OF ZONING DISTRICT Date : TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas Orange County as hereinafter requested . 1 . The property is located on the ��'S7 side of S .R . #440 ( Street/Road ) between 3.., a - f _ O It is known as Lot ( ) Z , BLock , Orange County Tax Map �S _— ' 5 Township . It has a fronts of l✓�'O feet and a deg h Jof feet , and c o n t a i square feet or J acres . 2. It is desired and requested that the foregoing property bra rezone from _22 � 1 to "R— A 3 .- The .foLL.awing information has been - attached . .in-_ support of tr application for changing the Zoning Atle6 (* — required on al applications) . *a. A fully dimensioned map at a scale of not lest than one [11 inch squats one—hundred (i001 foot nor sore then one (1) inch squats twent)F' (201 feat" showing'-the land which is proposed to be rezoned. *b. A legal description of the land proposed to be rezoned. 0c. A statement of Justification addressing one or more of the following: (1) The alleged error in the Zoning Ordinance, if any, wnich would be corrected by the proposed amendment with a detailed explanation of such error in the Zdniag Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed- or changing conditions, if any, in the ergs or In the County generally, wnich sake the proposed amendment reasonably necessary to the promotion of the public health, safety and goneraL welfare. 0(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use PLan. or part thereof. 0141 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 (s.g. fire, polies, rescue and urititiss- ageacieal assuring services provision capability to the development. d. A list of all individuate, firma or corporations owning property adjoining or within five hundred (500) feat of the property Bought for rezoning is attached. The list is current as of (Ostel I certify that' aLL information f rnished in this application is accurate to the blest of my nowLedge . ` AppLicant (s1 : 7 . Address : am'AA9kM Phone • � . � � ¥ � % r n ° Cd 1 % ` � a o $ c < \ A \ . � � ■ o « 1-4 41 o _ ® ® A rA k A % r Q � 6 Ul 14A \ � � o ¥ Q � e \ ° - » t cf- . � R w � k > � % t-A % e $ ■ A m a % . o v a ® 4.1 ® & , u t . % . % $ ® . \ o a 5 k k �A I . a k W4 k \ ° ® u k tA 419 Davis Property T Description of property to be rezoned (being only that portion of the.subject property that lies outside Hillsborough zoning junsdictiony From NCGS Monument "Grill", N-844.4, 474.45, E-1,975,401.90, S 30 06 12 E - 4592.38' to a concrete monument Control Corner; then N 80 54 25 E- 500.93';_ then S 25 24 30 W - 548.58' to a point on the eastern bank of Cates Creek; then with the eastern bank of the creek approximately 677' until its intersection with an unnamed creek; then S 52 31 52 W - 551 69' to the eastern bank.of Cates Creek; then with the eastern bank of Cates Creek until intersected by the southern boundary of the 150' wide access to the property from 0'd NC 86 (SR 1009), then S 82 01 40 W - 250'; then S 33 35 19 E - 310.75; then S 16 19 12 E - 722.18'; then S 88 20 54 E - 1151.38'; then N 01 39 06 E - 248.16; then S 88 20 54 E - 365.85'; the S o1 39 06 W - 278.86'; then N 88 26 58 W - 305.13'; then N 03 57 08 E - 150.68'; then N 88 26 31 W - 374.81'; then S 02 33 30 W - 714.43'; then S 35 40 26 E - 523.21'; then S 24 31 05 E - 1560.44' back to the place of beginning. Any land located between Cates Creek and the Davis property line is exempted and is not included in the above description, Cates Creek being the southern boundary of the Hillsborough jurisdiction. OWNERS : Charles W. Davis. Jr. James Lanier Davis SCALE 1 = 200 ;l 200 400 600 80 0 020 Statements of justification: (1) There is no error in the present zoning. (2) Changes in the area surrounding this site has made it more practical for this parcel in the "Transition" designation which allows for the extension of municipal services and also additional density to compliment the Orange County Land Use Plan as well as the planned Economic Development Com- mission Plan for the entire area north of I-40, South of I-85, east of Highway #86 and west of the Chapel Hill-Hillsborough Road. It is recognized by all health departments that over the period of years the municipal services prove more beneficial then septic systems to the public health and the communities well being. (3) As shown on the enclosed Orange County Land Use map this parcel of land adjoins commercial development immediately to the north and the Economic Development Commission zoning immediately to the west. This request fits in appropriately with the plans for this entire area. (4) Before the development of this site, the owners will be presenting two plans as required by the Orange County Planning Department. One will be using the guidelines as described in the newly approved Flexible Plan. These guide lines require an allocation of various types of Open Space. The guidelines . understand that to commit land for recreation and open space it is necessary to have smaller lots and higher density on the balance of the land. The most practical way to accomplish this is through the use of municipal services. Due to the proximity to Hillsborough and the non-rural character of this site it appears.ideal for transitional or suburban planning that allows for homes that may be priced within reach of the average family. Directly across Highway#86 one finds the Flint Ridge Apartments,just north,of the apartments a convenience store and gas station that adjoins the McDonalds. Across from Mac Donaldson the same Highway is County own property that adjoins another'convenient store gas station, tiat-- - -- - adjoins the commercial property that is presently being developed by Roger Dale Stephens and that adjoins the subject site. ( See documentation from service agencies assuring capabilities of providers). 021 Neighboring Property Owners: Roger Dale Stephens P. O. Box 397 Hillsborough, N. C. 27278 Hugh and Carolyn Moren - 1202 Hollandia Park Circle Hartsville, South Carolina 29550 John Bratton P. O. Box 190, Knightdale, N. C. 27545 Wayne T. Bullock 809 Fletcher Road, Hillsborough, N. C. 27278 Robert D. Stone 727 Fletcher Road, Hillsborough, N. C. 27278 Richard P. Robinson P. O. Box 113, Hillsborough, N. C. 27278 Stephen K. Riddle 814 Fletcher Road, Hillsborough, N. C. 27278 Rune Simeonsson 808 Fletcher, Hillsborough, N. C. 27278 Samuel B. Nesbit 800 Nesbit, Hillsborough, N. C. 27278 Robert H. Haynie 726 Fletcher Road, Hillsborough, N. C. Robert E..Lloyd- 610 Churton St. Hillsborou h,N. C. Tony Zinn 2819 Fargo, Hillsborough. N. C. 27278 Frank `Jandeventer 2818 Fargo, Hillsborough, N. C. 27278 022 2 Leonora Rogers P. O. Box 266 Hillsborough, N. C. 27278 William Remington 3443 Gray Moss Road Charlotte, North Carolina 27278 Masoud Kavari P. O. Box 16369 Chapel Hill, North Carolina Frank Hayes P. O. Box 776, Hillsborough, North Carolina 27278 John Williams 2704 Fargo, Hillsborough, North Carolina Deon Lategan 2620 Fargo, Hillsborough, N. C. 27278 Martin M. Brown 2623 Fargo, Hillsborough, North Carolina 27278 James Rae Freeland P. O. Box Hillsborough, N. C. 27278 1 \ 1 Mpr,£4.205 �• 1.-�,�.:` � �� /1Ji/ft w Aq le Z � N� � pN: ,� i >// - .1 r / j \_-• J•' / �:iJtt J m / r------�j. � i� pia•. � m� NQ I . / � � \\� \�� // / :" / 1/J! i t 110. / �---.....� i 1, \\�`•. I ! / ��m' I I I 1 1 \\��•.�� \ J /' � y lli+! t t! / // ..� y 1 \� �. o' / i l �t1/( / / J ' ,J r /I/t-•>,• � / t J/ t \\� \ v� •�� //� / / / i�,�•j J// / / I' / Ir'j!/�/ / ildpj t J � t ��m —i + , \\ // j/JI l/ �f••t(tll (1 \ �,``.sa�""'�/`//I)!t j1J'/f% Jy�ly.yy • �''�'�-�"�� '" J r { _ �'-� i•`fir '�\ ` �`'--'`� _ `••\�� �-•_,/r�` / J, � __�.� �, `'.� � \ —� \ �� a ..,,-~m('•. \ .� i �` �-- - ��\\ :1 ",ter �• � a , JI '� i y a.. VZ In In i _� / yt ■ u p � � O ��` �` Kati � •�.. 1 . lei w• �`� Y ^ ..n �e W� •f P t ^X 1� ,6,��° "•�, t il,a � J.+ .l j O ?• i�' t J •� � 4 6 (`� VV A W y 13 m y 1N � � f u s n /��r ✓ o i J w W � \ A N CL ='• • I �t m 0 � � h at �� 4 F Z Y / 1 / �- - 025 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 V, i III t. MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: AUGUST 26, 1996 SUBJECT: Z-4-96 CHARLES W. DAVIS AND JAMES L. DAVIS, ZONING ATLAS CHANGE REQUEST FROM R1 RURAL RESIDENTIAL TO R3 RESIDENTIAL-3 GENERAL INFORMATION APPLICANTS: Charles W. Davis James L. Davis 718 Graham St. Raleigh,NC 27605 LOCATION: East side of Old NC 86 bounded by Cates Creek to the northwest and the I-40/NC 86 Economic Development District to the south LOT SIZE: 105 acres proposed to be rezoned EXISTING LAND USE: Wooded SURROUNDING LAND USE: NORTH- Undeveloped land zoned R-1 EAST- Undeveloped land zoned R-1 SOUTH- Section 3, Stagecoach Run zoned R-1 and undeveloped land zoned Economic Development District WEST- Town of Hillsborough Zoning Jurisdiction with property zoned Economic Development District ass MEMORANDUM-Davis August 26, 19% Page 2 COMPREHENSIVE PLAN LAND USE DESIGNATION: Twenty Year Transition ZONING: The property is currently zoned Residential-1. The intent of the Residential-3 (R-3) District is provided in Article 4.2.4 of the Zoning Ordinance. me t The purpose of the low and medium intensity Residential (R-2, R-3, R-4)Districts is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area,which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at the site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. The following is a list of permitted uses in R-3: Hla Large-Day Care.Home H2 Single-family Dwelling H3 Two-family Dwelling H4 Multi-family Dwelling H5 Mobile Home H6 Family Care Home H12a Temporary Mobile Home Accessory Uses P2 Botanical Gardens and Arboretums P4 Bus Passenger Shelter 027 MEMORANDUM-Davis August 26, 1996 Page 3 P7 Church P 1 o Governmental Protective Services P14 Parks, Public and Non-profit P19 Schools: Elementary, Middle and Secondary P24 Governmental Facilities and Office Buildings P25 Water and Sanitary Sewer Pumping Stations S35 Recreational Facilities (Profit/Non-profit): Golf Club and Golf Club Countryclub The following use is allowed with a Class A Special Use Permit: P16 Public Utility Stations and Substations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: Hl Day Care Facility, other than Large Day Care Home H7 Group Care Facility H12 Temporary Mobile Home (Custodial Care) P3 Portable Buildings P6 Cemetery P8 Community Center P17 Radio and Television Transmitting and Receiving Towers and Elevated Water Storage Tanks P22 Transmission Lines S34 Recreational Facilities (Non-Profit) 029 a z z � t CIA 11 G• cz O T `�o � a wA Aso 0 N T O N• N ,� A ' r rte• � N N N O M p oju x \ ls- 40A 10" 0 rl o 4P .lw L C-A -10-' 0 c p31 0 x d O � C� 0 T 0 'Z Wun dU It e� 45 4) o V 3 � o 3 0 A. / ca ,. O 7 0 d Q R i �Y a+ �i � caa N •� cn s, • p � va � d N tA N R a o ca a� a •�G ��^"+ N i to i' CC 'z" y •t�A Q tom.+ N � � /'•' i J 0 , i 03 - o z c� z c cn 0 L c N a v as a� > Q L w g U 0 : . o 00.U o Q a.z U > - ^S O e 0 W E-� F- 0 Q z w Q Z Zm Gg CA a ri rx a� 0 0 V 4 O Q O N y to _ V .fir ..RSi CC y c� N U LINDY PENDERGRASS 144 E. Margaret Lane Sheriff of Orange County Hillsborough, North Carolina 27278 Office Phone: Hillsborough (919) 644-3050 Chapel Hill (919) 942-6300 Fax (919) 732-6403 To: Eddie Rirk Orange County Planning Department From: Sheriff Lindy Pendergrass Re: Davis Brothers Land Sub-Division Site # Old 86 South Back of the NC Department of Corrections Orange County Date: June 26, 1996 The Orange County Sheriff' s Department has been asked if we would be able to provide services to the property indicated above. We presently provide 24 hour patrol and response to calls for service in the area of the:_proposed-- sub-division. Providing service to this location and citizens will not' effect:: patrol 'workload. No increase in personnel or .equipment is expected: Should any further information. be needed please feel free to con t our of cep. Sheriff LlhcTy Penderg a s U36 ORANGE COUNTY EMERGENCY MANAGEMENT P.O. BOX 8181 HILLSBOROUGH NORTH CAROLINA 27278 9.1-1 Communications Emergency Medical Services 24 Hour Warning Point Fire Marshal 932-8161 • 933-2600 Communication Center Disaster Response. 24-Hour Fax Machine Hazardous Materials 967-9026 June 27, 1996 644-3030 • 968-2050 Administrative Fax Machine 968-4066 To: Arthur Cogswell, F.A.I.A. Arthur R. Cogswell, Architect and Planner From: Nick Waters, Director Re: Water and Sew6 txtensions Hills =nqe gh Assemblage-r�h=40J85- Tax #s 4.45..2 and 4.45.3 Hillsborough, NC ,. ` Fire/EMS.Cov®rage Orange Counter Emergency Mat ag4meiR t'Division:.of EMS will provide EMS coverage for the referenced siter�artge C9 'nty Emergency Management is located at 1914 Ne+W Hope Church'Iaad irtCfiapel Hill;the DYector is Nick Waters. ,. . 3 : The Orange Rural Fl*Department provides firecoverage�"to the referenced site. They are located on South Churton Street in Hillsborough. Jimmy Summey is the Chief at Hillsborough Fire;Departrr►ert Please contactus.if adds&ftt-assistai'ce;'issrieeded. ,,..yw, the Town 037 of June 27, 1996 --��.-- 111s gh Mr. Arthur R. Cogswell 113 W. Franklin St. Chapel Hill,NC 27516 Re: Davis and Parrish Properties Dear Arthur: Pursuant to your faxed request of June 26th,the Town's Water and Sewer service area encompasses the Davis and Parrish properties. Treatment capacity Is available to serve this area, however, extensive offoite improvements/extensions will be required to be installed by the Developer in order for these services to be provided. The type and configuration of the extensions required will be determined once some specifics are known regarding the development (site plan). Attached is a copy of the Towns fee schedule for water and sewer services. These fees must be paid and the off-site improvements completed prior to service being available. Please call with any questions. Sincerel c Thomas E. Hartye, PE Town Engineer/Utilitles Director 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 919.782-2104 • Fax: 919-844-2990 038 Town of H1111S h S,rwe 17u g MEMORANDUM To: Eddie Kirk, Orange County Planner II From: Margaret A. Hauth, Planning Director Date: August 15, 1996 RE: Davis rezoning request Thank you for contacting me regarding the rezoning request of the Davis family. A portion of this property is within the Town's planning jurisdiction and zoned EDD- Primary I. We would anticipate joint review of any development of this tract that makes use of the portion within the Town's jurisdiction. The Town's primary concern with this tract is it's access to Old NC 86 and how that connection relates to existing driveways/roads. The request to convert to R-3 zoning is not inconsistent with any Town interests. You have a copy of the letter from the Town Engineer stating that water and sewer can be available to the site. The buffers required by the EDD and R-3 zoning should adequately protect both land uses. 101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278 . fr ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 c` 4 CERTIFICATE OF MAILING ZONING ORDINANCE VARIANCE ORANGE COUNTY,NORTH CAROLINA I, Eddie Kirk, Zoning Officer, Orange County,North Carolina,DO HEREBY CERTIFY that on or about August 9, 1996, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the Charles W Davis and James L Davis request for rezoning of approximately 105 acres in Hillsborough Township from Rural Residential (R-1) to Residential- , 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 21h day of Angst. 1996. Lau Aid EDDIE KIRK ZONING OFFICER