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HomeMy WebLinkAboutPH ORD-1996-026 Proposed Zoning Atlas Amendment Z-4-96 requested by Charles W. Davis and James L. Davis 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 7417 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 side of S . R . W40 ( Street/Road ] between -- a It is known as Lot ( ) � Block Orange County Tax Map 45' — 711_S_6re�/of—Township . It has a fronts of t SO feat and a dep h feet , and cantai : square feet or Jdlrac res . 2 . It is desired and requested that the foregoing property bra rezone from ' 2 — ( to '2— 3 3 .- The -folLowing information has been - attached . .in.. support of tt' application for changing the Zoning Atlas required on at applications) . aa. A fuLLy dimensioned map at a scats of not Lass then one (1) inch aqusls one—hundred (10a) feat nor more than one (1) inch aquala twenty' (201 feat" showing'-the Land which is proposed to be rezoned. •b. A Legal description of the Land proposed to be rezoned. le. A statement of Justification addressing one or more of the foLLowing: (1) The alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a datslted ezplanstion of such error in the Zoning Atlas and dotal Led reasons how the proposed amendment will correct the error. (2) The changed- or changing conditions, if any, in the area or in the County generetly, onion asks 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 wilt carry out the infant 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 (a.g. tire, police. rescue and ut.iLition- sganai•841- -- - --- assuring services provision capability to the development. d. A list of eLL individuate, firma or corporations owning property adjoining or within five hundred (500) feat of the property sought for rezoning is attached. The List is current as of (Octal I certify that' aLL information f rnishad in this application is accurate to the b-ost of my nowLedge . .. _.. Applicant (s) : 7 . Address : Phone :_ /g'— xt�g2 C) F-+ REZONING REQUEST CHECKLIST cc OWNER'S NAME ( � � S_L. / � I/ ADDRESS �� �O 10/ _�% . +����Y' / �. (., • L �� Current zoning K-1 T� Total number of acres 11v Current land use Type of rezoping requested Proposed land usets /Zj�yr /�� Tax map # 7 e�J Block #__C'? Number of lots Proposed Water Supply: Public_k----,, Community Individual Proposed Sewage Treatment: Public_�Community Individualiseptic tank Access onto state road 04" " Average daily traffic count on the state road Describe existing critical areas: Flood prone areas Streams C,4 %Erj Coe ,--& Other sensitive areas Describe land uses in: General Area Adjacent parcels of land L 7) 22 Poorly drained areas 2 �i ,GPs /)r ,u 019 Davis Property t Description of property to be rezoned (being only that portion of the.subject property that lies outside Hillsborough zoning jurisdiction): 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 Old 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 I " = 2001 0 200 400 600 800 020 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 1-85, 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 owned that adjoins another convenient store gas station, that - 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). O2I 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- g - - -- - ------ — -. ._..--------- - -- - -- - --- - 610 Churton St.,Hillsborou- h -N. C. Tony Zinn 2819 Fargo, Hillsborough. N. C. 27278 Frank Vandeventer 2818 Fargo, Hillsborough, N. C. 211278 2Q 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 Mayes 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 �M oscc.zos z� a O1 /1 4cy - !l� � � •! N. / 1 ( ; 'l / o_/" r I -/'\ '• '' ` 'tom Ir cr/s A. Co- 4 � //' / /. /�/•� ./�/�/ /r�J1 � r //" ///%/ JJ/�/ /'/!/ / /sisbz�-�,. �, \v6IiZ!/%/ _ _ N ., /���_••l/ / / J 1 q � \yam_—_1 N + /r \`\ ��.� ������'{ •(� 1\'YS,� \\ \� � ` // ' �\ cmn CU 0 ZAP\ \` �' i�N 1•� c ' :. WV A,qS � d�0 f O / t � / N 5� o P i� I ►1 r. d � V o h \/p�+3/,y�••�,�. 1. r j; •j /' �tt a: /l 7 `l yes •O i � V .a ( r 6 ' a u W 1 t z u d t V t 47 a I t Y~ \ >t O r V N O O • n N W t / N � N $a Jj 6 � SO 4. V• N_ w 2 (e p 2 J �- 025 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 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 I40/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 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 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: H 1 a Larger Day Care.Home H2 Single-family Dwelling H3 Two-family Dwelling H4 Multi-family Dwelling H5 Mobile Home H6 Family Care Home H 12a Temporary Mobile Home Accessory Uses P2 Botanical Gardens and Arboretums P4 Bus Passenger Shelter 027 MEMORANDUM-Davis August 26, 1996 Page 3 P7 Church P10 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) FINDINGS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS PERTAINING TO APPLICATION: Z -4 -96 CHARLES W. DAVIS AND JAMES L. DAVIS BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING BOARD RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: FA lwly."Z NMI !1A 632 X11-9 9 The application must comply with all requirements specified in Article 20 - Amendments. Those requirements include: 20.3.2 a) Map showing affected property at scale of not less than V =100" nor more than 1 " =20' 20.3.2 b) Legal description of property. PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS _X —Yes No A boundary survey has been submitted. The Planning Staff found the scale of the map at 1 " =200' was more appropriate given the size of the tract. _x Yes No Description provided with application. PLANNING BOARD FINDINGS Yes No Yes No O 20.3.2 c) Explanation of alleged error, if any, to be corrected by proposed amendment. 20.3.2 d) Changed conditions, if any, which make amendment reasonably necessary to promote public health, safety and general welfare. PLANNING STAFF RECOMMENDED FINDINGS —x—Yes No EVIDENCE SUBMITTED TO SUPPORT FINDINGS The applicant is not indicating an alleged error. —x —Yes No The applicant has indicated that changes in the area surrounding this site have made it more practical for this parcel in the 20 year transition designation to be rezoned to complement the Orange County Comprehensive Plan as well as the planned Economic Development Commission Plan for this area. This area also allows for the extension of water and sewer. 0 C-) C� PLANNING BOARD FINL)MS Yes No Yes No ARTICLE 20 - SPECIFIC STAN12ARDS FOR EVALUATIONIREZONING(conti PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDINGS 20.3.2 e) Manner in which proposed _x—Yes No The property is located in a 20 -year amendment will carry out purpose and intent of adopted Comprehensive Plan. Transition Area. This designation in the Comprehensive Plan indicates that the area is in the process of changing from rural to urban. It is suitable for urban type densities and should be provided with public utilities and services within the second 10 -year phase of the Plan. Water and sewer service can be extended to the site. PLANNING BOARD FINDINGS Yes No O W 0 CA) PLANNING STAFF RECOMMENDED FINDINGS Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for a Residential -4 designation. The criteria for that district are set forth in Article 4.2.8 as follows: (a) Designated by the adopted _x—Yes Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10 -20 years. (b) Water and sewer lines _x—Yes should exist at site or be assured of installation as part of the development process. No PLANNING EVIDENCE SUBMITTED BOARD TO SUPPORT FINDINGS FINDi CIS The property is located in an area Yes designated Twenty Year Transition. No The applicant indicates that water and sewer lines can be extended to the site. No Yes No Cj I ARTICLE 4 - DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA (Continued) PLANNING STAFF RECOMMENDED EVIDENCE SUBMITTED FINDINGS TO SUPPORT FINDIN (c) Vehicular access must —x—Yes No The property will have direct access to consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. Old NC 86 which is classified as a collector in the Comprehensive Plan. PLANNING BOARD FINDINGS Yes M G=) W 1, 035 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 Kirk 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 Sheriffs 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 "aot•' effect.. patrol `workload. No increase in personnel or .equipmeat. is expected: Should any further in be needed please feel free to cont� our ofrYce. Sheriff Lea y 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 .p Re: Water and Sewer Exctensicns ..wb- Hillsboroogh Asse_mWage-@-t=40!85-- Tax oeference#s 4.45..2 and 4.45.3 Hillsborough,,NC ` Fire!ERAS Coverage - Orange Counti Emergency Maffag meht"Divitidrf of'EM4 will provide EMS coverage for thek referenced site: cadge Carnty Emergency Management is located at 1914 New' Hope Church Aaads irt,Cb`apel Hill; the DrYector'is Nick Waters. I The Orange RLral Fire Department•provides fi to the referenced recover .. . 9 site. They are located on South Churton Street in Hillsborough. Jimmy Summey is the Chief at Hillsborough Fire,Departnerct. Please contactus_if additioKal-assisWnce-isrieeded. "yam..• ....F`x� the Town 037 of June 27, 1996 Iflills h „"»s, g 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 ot;fsite 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. Sincere! c Thomas E. Hartye, PE Town Engineer/UtilIties Director 101 EaBt Orange Street P.O. Box 429 * Hillsborough, North Carolina 27278 919-732-2104 Faac: 919-854-2990 033 Town of ih 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 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 c` 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 M day of August, 1996. EDDIE KIRK ZONING OFFICER John McCormick, the property owner who requested this change, owns six lots on Gains Chapel Road. He stated that it is a hardship to require 40 foot setbacks for this property. He is trying to build affordable housing in the Efland area and has devised a house plan that would fit the lots. These setbacks would make it impossible to build the number of units which he has planned. He stated that current setbacks for one acre lots are unreasonable. He has already built three homes and has building permits for 3 more units. He asked that this area be zoned to densities similar to those for in-town development. in the area. Renee Price, Planning Board member, asked if there were other similar requests from property owners Mr. McCormick indicated that he had not actually heard similar complaints but he was assuming that he was not the only property owner facing this difficulty. He stated that he is building 1200 square foot homes which are listing for$98,400. He mentioned Lloyd Road which is a gravel road that runs parallel to Gaines. It is 20 feet wide and has been in existence for 20 years. He did not feel that he had a responsibility to improve this road. He said that if he did combine lots in order to meet current zoning requirements, he would have to combine three lots to build one home. Mary Willis mentioned that there are other residents who have non-conforming lots, however there are no other homeowners who have building permits or homes in progress. Samuel English, an Efland resident, felt that it was a mistake to zone any of this area to R-5. R-1 is a designation meant for a city, not an area like Efland. This community is not ready for this type of development. There is not enough water and sewer available for current residents. Allowing this change in the zoning would mean that homes would be built too close to each other. He asked that the Board of County Commissioners not approve this request. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996 VOTE: UNANIMOUS (b) Z-6-96 - Charles Davis This item was presented by Eddie Kirk to receive citizen comment on a proposed Zoning Atlas amendment in Hillsborough Township. The property proposed to be rezoned 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 1-40/NC 86 Economic Development District to the south. The 105 acres which is in Orange County's jurisdiction is currently zoned Rural Residential (R-1). The applicant proposes to rezone the property to Residential-3 (R-3). COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS - None COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD - None COMMENTS AND/OR QUESTIONS FROM CITIZENS Judy Brown, a resident of Stage Coach Run, spoke in opposition to the proposed amendment changes for certain lots which she felt were actually a part of Stage Coach Run and could not be changed without permission from the Home Owners Association. Mary Willis explained that there was originally a part of Stage Coach Run which did extend into the area mentioned by Ms. Brown. However, that area was recombined, eliminated from Stage Coach Run and put back into one tract. Geof Gledhill mentioned that private restrictive covenants do not restrict the County from rezoning. However, the residents do not have to allow the denser development in their community. The original covenants can be enforced by the Home Owners Association regardless of the zoning. Dean Lategan, a resident of Stage Coach Run, spoke in opposition to the proposed amendment change as they would effect Lots 1, 2, 4 and 5 in Section A and Lot 1 in Section B. He stated that those lots are actually a part of Stage Coach Run. He did not believe that Mr. Davis has the right to exclude any lots from the subdivision without permission from the Homeowners Association. The Association is willing to take this matter to court if necessary. They are opposed to rezoning the lots which were originally a part of Stage Coach Run. They do not have an opinion on the other lots. Geof Gledhill mentioned that if the lots are a part of the subdivision, the restrictions apply unless changed by the Homeowners Association. Arthur Cogswell, the project planner, stated that the density of development for these lots is not an issue for them. They have not formulated plan at this time, however, they intend to work with the community. They will be in communication when they do develop a plan. Mr. Charles Davis stated that the lots in question were originally sold to Center Point and were reclaimed by him when Center Point went bankrupt. He did not want to take them back but did not have a choice. The lots were eliminated from Center Points plan in the 1980s. The County Tax Maps do not show these lots as a part of Stage Coach Run. He also mentioned that the lots are not subdivided and are, in fact, one tract. Mary Willis stated that there was originally an area that extended to where those lots were platted. However, a large area was recombined and put back into one tract. A motion was made by Commissioner Crowther, seconded by Commissioner Willhoit, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996. VOTE: UNANIMOUS 2. Zoning Ordinance Text Amendments (a) Efland Setback Overlay District 1) Article 4.2.26 District Statements of Intent and Application Criteria 2) Article 6.24 Efland Setback Overlay District This item was presented by Mary Willis to consider the creation of a new Overlay Zoning District which would allow lesser setbacks than generally required in the underlying zoning district, and to apply the new Overlay district to Ten and Twenty-Year Transition Areas in the Efland Area. These proposed overlays would allow setbacks of 20 feet from road right-of-way and 8 feet from side and rear property lines, with provisions for zero- lotline development in the interior of a subdivision. The proposed setbacks are comparable to the setbacks currently allowed in the R-5 zoning districts. This item was presented along with Item 1.a. The motion was made in item La above as restated below. A motion was made by Commissioner Gordon, seconded by Commissioner Crowther, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 1, 1996 VOTE: UNANIMOUS (b) Temporary Events 1) Article 8.8.14 Special Uses(Temporary Events) 2) Article 6.16.17 Additional Requirements for Certain Permitted Uses 3) Article 4.2 Permitted Use Table 4) Article 22 Article 22 Definitions This item was presented by Mary Willis to consider a citizen request to create a new use category called"Temporary Events"which would be allowed in residential districts with approval of a Special Use Permit. Examples of this kind of use are commercial craft shows, carnivals, festivals, concerts, medical or veterinary clinics, and outdoor social events hosted by a business such as a restaurant or caterer. Temporary events such as those described above would not be considered a principal use when they take place at a site normally associated with the activity. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS. Commissioner Gordon asked which residential districts were included in this request. Mary Willis indicated that all districts up to R-13. She indicated that this was being proposed for a Special Use Permit so that issues such as parking availability could be looked at for each request. Also, there would be a Public Hearing required for each request.