HomeMy WebLinkAboutAgenda - 10-15-1996 - 8k 1
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 15. 1996
Action Agenda
Item# 9-K
SUBJECT: Z-4-96 Charles W. Davis and James L. Davis
DEPARTMENT: Planning PUBLIC HEARING: Yes_x—No
BUDGET AMENDMENT REQUIRED: Yes_x—No
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
Extension 2582
Application
Vicinity Map
Staff Findings TELEPHONE NUMBERS:
Town of Hillsborough Comments Hillsborough 732-8181
8/26/96 Draft Public Hearing Minutes Durham 688-7331
Revised Letter and Map Mebane 227-2031
10/2/96 Draft Planning Board Minutes Chapel Hill 967-9251
PURPOSE: To consider 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 corner 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.
2
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.
Public Hearing Comments
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on August 26, 1996. There were no
comments from the Planning Board or Board of Commissioners.
Judy Brown and Dean Lategan,both residents of Stagecoach Run, spoke in
opposition to the request for certain lots that they indicated were originally a part
of Stagecoach Run. They felt that the restrictive covenants applied to these lots.
Dean Lategan indicated these lots were 1, 2,4 and 5 in Section A and Lot 1 in
Section B. Arthur Cogswell and Mr. Charles Davis spoke in favor of the request.
Mr. Davis indicated that these lots were eliminated in the 1980's and are now not
subdivided.
Geof Gledhill,the County Attorney, indicated that private restrictive covenants do
not restrict the County from rezoning. The original covenants can be enforced by
the Home Owners' Association regardless of the zoning. If the lots are part of the
subdivision,the restrictions apply unless changed by the Homeowners'
Association. Minutes of the public hearing are attached.
The applicants have indicated they are willing to delete the lots or area in question
from the rezoning request. A new letter and map have been submitted deleting
this area(attached).
In their October 3, 1996 meeting the Planning Board unanimously recommended
approval of the request for a Zoning Atlas amendment, deleting the area in
question, from Rural Residential(R-1)to Residential-3 (R-3)per the attached
findings.
RECOMMENDATION: The Administration recommends approval of the Zoning Atlas amendment
request, deleting the area in question,per the Planning Board recommendation.
ORANGE COUNTY, NORTH CAROLINA
APPLICATION FOR CHANGE OF ZONING OI.STRICT 3
Date :
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas c
Orange County as hereinafter requested .
1 . The property is Located on the side of S.R.#
Street/Road) between sue'# �— or
a.=# Z1,40 It is known as Lot ( ) � BLock c
Orange County Tax Map — Township . It has a frontac
of l✓r0 feet and a dap (h of __feet , and contain
square feet or /45-a c r a s .
2. It is desired and requested that the foregoing property be rezone
from _= . ! to 'L;- 3
3.- The .•foLL.owing information has been _ attached . .in,_ support of tt
app L i cation for changing the Zoning At Las required on a [
applications) .
es. A fatly dimensioned map at a east* of not lass than one (1)- inah
., squats one—hundred (100) feet nor wore than one (1) inch squala
` twsnt' t201 feet"•snowing°-the land which is proposed to be
rezoned.
-b. A LegsL description of the Land proposed to be rezoned.
-c. A statement of Justification addressing one or mars of the
following:
(1) The alleged error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a detailed
explanation of such error in the toning Atlas and detailed
reasons how the proposed @sandmen% will correct the error.
(2) The changed or changing conditions, if any, in the ores or
in the County generally, which make the proposed &monument
resson*bly necessary to the promotion of the public health,
safety and general welters.
-(3) The manner in ithich the proposed amendment will carry out
the intent and purpose of the adopted Land Use PLsn. or part
thereof. -
-(4) All other circumstances. factors and reasons which the
applicant offers in support of the proposed amendment
inaLuding, but not Limited to, aeousentstion from service
agencies (e.g. fire. polio*, rescue and atilities agencies)
assuring services provision capability to rho d*v*L&Pwent.
d. A ties of •LL individuals, firms or corporations owning property
adjoining or within rive hundred (300) fret of the property
sought for rezoning is attached. The List is current as of
(Oese)
I certify that' all information f rnished in this application is accurate
to the best of my nowledgs .
AppLicant(sl : 7. --
Address:
Phone: _,!7j6C= 9:9 t �2 T
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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 o(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
ahe guidelines as described;in the newly approved Flexible Plan. These guide
lines require an allocation of various_,types of Open ace..:The.giddelioes
understand:that to.commit land for recreation.and open space it is necesssiry
to have smaller lots and higher density.oh the balance,of.the land. The most
practical wayav 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 fnds'the Flint RidgrApartments,just
north.of the apartments a convenience store and gas station that adjoins the
Mr Dvualds. Across from Mac.Donalds on the same Highway is County
owned property 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.
7.
(See documentation from service agencies.assuring capabilities of providers).
6
Neighboring Property Owners:
Roger Dale Stephens
P. O: Boa 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 Di-Stone ,
727 Fletcher Road,, Hillsborough, N::C: 27278
Richard f-Robinson
P.O. Box 113;°.Hillsborough,N.C.17278
Steplien K R_ fiddle -
814 Fletcher Road; Hillsborough, N C -27279,:
- Rune Simeonsson
.808 Fletcher, Hillsborough,N: C.27218
Samuel B. Nesbit
800 Nesbit,Hillsborough,W. C.27278
Robert H.-Hiyaie
726 Fletcher Road, Hillsborough,N.C.
Robert K Lloyd'.
.
b10 Churton St., Hillsborough,N. C.,
Tony Zinn
2819 Fargo, Hillsborough.,N..C. 27278
Frank.Vandeventer.
2318 Fargo,Hillsborough, N. C.27279
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. B ox :Hillsborough, N. C.=27278
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 10
HILLSBOROUGH. NORTH CAROLINA 27278
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MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: AUGUST 26, 1996
SUBJECT: Z4-96 CHARLES W. DAVIS AND JAMES L.DAVIS,ZONING ATLAS
CHANGE REQUEST FROM RI 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 Hillsborougli Zoning Jurisdiction with property zoned Economic
Development District
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MEMORANDUM-Davis
August 26, 1996
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.
Intent
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
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12
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:
H1 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)
13
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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
are would be able to provide services to the property indicated
above.
We presently provide 24 hou='pit of and response to calls for
service in the area of -the-pro,posed-sub-division. Providing service
to this location and :oitiaoag will n6V effect,.:patrQ.. workload.
No increase in personnel orequipment. is-.e:pectod:
Should any further information be ::ao®ded please feel free to
contt our of frrc�.
isa
Sher ff y Peaderg a s .i s
ORANGE COUNTY EMERGENCY MANAGEMENT 19
P.O. BOX 8181
HILLSBOROUGH
NORTH CAROLINA
27278
9-1-1 Communications Emergen Medical Services
24 Hour Warning Point Marshal
932-8161 •9332600 Communication Center
24-Hour Fax Machine Disaster Response
967-9026 Hazardous Materials
June 27, 19M 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.
�i
Re: Wafer and u-"nswns
Hillstboo 044- &W-
Tax do-ft 4.45..2 and 4.45.3
Hills h,NC
Fire ERAS.
Orange Cou Emekgincy MatQg.- -04ii6ri o
1)11vi - CEMS,will provide
-
EMS coverage for th referenced sQ.
Emergem y Management
is located at 1914 NQ N Hops Church',, I Hill;the Dkectoris Nick
Waters.
j
7:
The Orange ral firs ge to the referenced
site. They are I=on South Churton Street in Hillsborough. Jimmy Summey
is the Chief at Hil h Fire-
Pkmwcon=taj add�idOKat hmisri66ded.
the
Located at 1914 New Hope Church Road Chapel Hill.North Carolina 27514
Town 20
of June 27, 1996
Hills h
im U.
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 offsite improvements/wctonxions 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.
Sinter
c ,
Thomas E. H e, PE
Town Engineer/Utllides Director
101 East Orsnge SOWS • P.O. Box 429 • Xtllsboraugh, Nw M Carolina 27278
818-78'1.5104 • lr'asc: 810-044-8390
Town 21
' of
H11.1,.I.s.4 &Wgh
MEM ORANDUM
To: Eddie Kirk, Orange County Planner lI
From: Margaret A. Hauth, Planning Director IYIA-
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 L 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. Boat 429 • Hillsborough, North Carolina 27278
919-732-2104 • Ph= 919-644-2390
SEP-12-1996 12=11 BOCC✓MANP&ER 9196443864 P.03.,11
DRAFT 2
1 22
2 John McCormick,the property owner who requested this change.owns six jots on Gains
3 Chapel Road He stated that it is a hardship to require 40 foot setbacks for 1Ms propety. Hn is bytng to
4 build aft rdsble housing in the Eiland are and has devised a house plan that would fd the lots, Than
5 setbacks would main d ale io build the,nuiriber of units which he has ph nned. He sbtg that
6 current setbacla 1br urea acre Ics are unreasonable. He has already buitt fhne homes and has budding
7 pa.. for 3 more units.He asked that this ara be zoned to densities similar 10 those for h4own
8 development
9
10 Renee Price,Planning Board member,asked if then were other sinWar requests loom
11 property owners In the area.
12
13 Mr.McCormick indicated that he had not adualy heard similar complaints but he
14 was assuming that he was not the only property owner facing this diflicunty. He stated that he is budding
15 1200 wpm*foot homy whhich are listing for$98,400. He mentioned Lloyd Road which is a gravel road wet
16 nuns parallel to Gaines. it is 20 feet wide and has been in existence for 20 years. He did not that that he
17 had a responsmy to improve this road. He said that if he did combine lots in order b meet currentzonung
18 mpkenents.he would haw to combine three lob to build one lion
19
20 Mary Wilk nhenfahad that then are other residents who haw non-oonfomwg lots,
21 however then an no coat homeowners who have building penrnils or homes in pngna
22
23 Samuel Etgish,an Efland resident.fat VW 5 was a mistake to zone any of this area b R.S.
24 R-1 b a daignadon meant far a city.not an erns Ike Et land.This community Is not ready for this type of
25 devebprant Then a not enough water and sewer available for current nesidenb A6ow"this change m
26 the zoning would mean that homy would be NAM close to each other.Hn aafad loft Board of
27 County Cm misskuhera not approve this request
28
29 A nnotfon was made by Comntissioner Gordon,seconded by Commissioner Crowl1W,b (Mier this
30 item b ff»Planning Board fare recahhrhhendedon to be returned b the Board of Can fdaW em no sooner
31 than October 1,1ti90 -
32 VOTE: UNAMMOIUS
33
34 (b) Z4WW - C orbs Davis
35 This den was presented by Eddie Kirk to receive citizen conorm on a proposed
36 Zoning Antes amendment in Hirabo ough To mW* The property pr+opoad to be rezaad is located on the
37 and aide of Old NC 8d and is bounded by Cages Creek and fie Town of HMM=ugh Zoning Jurisdiction to
38 ft nwntwvast and the 1401NC 56 Eeona 1c,Development District to the south. The 106 acres which is in
39 Orxgo CounWe jurisdiction is currently-, Rums R—ids de (R-1). The appicant proposes b rsmon�
40 the,properly b Reddential3(R-3).
41
42 AMMOR OUnTIONS PRM IN WARM OF COMMOMNERS - None
43
44 COMINOWS ANnM QUEMM PFAM THE PLANNNG BOARD -None
45
46
47
48 Judy brown.a resident of Stw Coach Run.spoke in oppositlon to the proposed amendment
49 A gas flor aanfain lab wlhklr on fall ware,act ell a part of Stage Coach Run and could not be changed
50 wilhout pattrhiasiorn llom the Fbrna Owners Assoda0on.
81
52 Mary VN6 eep birhad Md there was originally a part of Stage,Coach Run which did extend info the
53 area i w-mix-ed by Me.&own. Hcwaver.flat area was raconbined,*&.*%atad from Stage Coach Run and
54 put bard((nb one,beet.
DRAFT 23
1 Geoff Gledld mentioned that private rtsU ove coverwo do not rmmstrik t the County from
2 Howem.the residents do not have to allow ttte denser development in their cornniunityy. The originaalj
4 covenants can be a rib-cod reg
by the Home Owners Association ardless of dm zoning.
5 Dean Latera%a resident of Stage Coact Run,spoke in opposition to the proposed amendment
0 char><{e as they would effect Lots 1.2.4 and 5 in Section A and Lot 1 in Section B. He sued that those tots
7 am acW*a pat of Stage Coach RwL He did not believe that Mr.Davis has the right to exdtkde any late
8 Aron the subxilvision without permission from the Homeowners Association. The Association is wiping b take
9 this manor to corer d necessary. They are opposed to rezoning the lots which were origiriaIIy a part of Stage
10 Coach Run. They do not have an opinion on the other lots.
11
12 Goof Glez A mentioned that if the lots are a part of the subdivision,time restrictions apply unless
13 changed by the Homeowners Association.
14
15 Arthur Cogswel,the project planner.stated that the density of development for these lots is not an
15 issue for them. They have not formulated plan at this time.however.they intend to work with the
17 community. They will be in c oninuniation when they do develop a plan.
18
19 Mr.Charin Davis stated that the lots in question were originally sold to Center Point and were
20 rocloin by him when Center Point went bankmpt. He did not wart to take them back but did not have a
21 choice. The kola were e1i rrinate4 Atom Center Points plan in the 1980s. The County Tax Maps do not show
22 these tots as a part of Stage Coach Run. He also mentioned that the lots am not subdivided and are.in fact
23 one tract
24
25 Mary Wigs staled that there was onginsiry an area that wdwWed to where those lots ware ph0-1.
26 Howawr,a 4rge area was reeornbined and put back into one trail
27
28 A motion was made by Come*siorw Crowther,sek>Dnded by Conn nbsiocw VV6hoit,to refer this
29 am b the Panning Board for a reoorrenindation to be returned to the ecard of Commisaionds no sooner
30 toad October 1.low
31 VOTE: UNANIMOUS
32
33 Z Zoning Ordinance Text Amendnants
34 (a) Etland Setback Overlay District
35 1)Article 4226 District Stamrrmnb of intern and Application Criteria
36 2)Atide 624 Etfarnd Selbardk Overlay Distrid
37 This item was presented by Mary VVIlk to co -older ttne aestfon of a new
38 Overlay Zoning Dbtrlct which woM allow laar setbacks khan generaly required in the urxlefi►irg zkming
39 drshi p and b apply the new Overtay district b Tan and TvmatyYear Tr&rdAW Areas in the Ellend Area.
40 These proposed overlsys would slaw a 1 tbaatcs of 20 feet from road rV t-f-way and 8 tbat ft mm side and
41 tar properly lines.with provisions for zero-Ioiina development in the interior of a subdivision. The proposed
42 setbacks arms comparable to the setbacks aurarily allowed In the R-6 zoning districts.
43 This item was pros or" ahorg with form 1.a.
+tj4 The nhofbn was made in item La above as restated below.
45
a A moft n was made by C0ffffIiGskxw Gordon.seconded by Commissiorker Crowther,to refer this
47 item b the Plsnnrup Na n d Aare reCOnrnnendation to be returnned m true Boecd of Conrnissioners no sooner
48 than October 1,190
49 VOTE UWINDXM
50
it (h) Tnvqvamnr Events
1)Article d.8.14 Special Uses(Temporary Events)
S3 2)Article 6.16.17 Additional Requirements tot Coercion Permitted Uses
54 3)ANcie 4.2 Forrojowl Use Table
53 4)Arti fe 22 Arms 22 DeMitlons
56 This horn was presennted by Macy VilNis to consider s citizrem regtrrat loci
57 crab a taw use==goy Baled'Temporary Events'which would be slow0 d in residential OWIM wlh
ARTHUR R.COGSWELL,
ARCHITECT &
PLANNER
24
September 19, 1996
Mr. Eddie Kirk
Orange County Planning Dept.
306-F Revere Road
Hillsborough, NC 27278
Re: Davis rezoning
Dear Mr. Kirk:
This is to indicate our agreement to omit from our rezoning request for the
above tract the tots 1,2 4 and 5 as shown on the attachment hereto and on
the larger rezoning plan enclosed.
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113 4Nss1 FmMW St
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(919)942-919Q
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TO: W.Eddie Kirk
Orange County Planning Deparoa"
phone: 732-8181 ad 2582
Fax 644-3002
From: Deco Lategaa
Phone. 644-0336
Fax: 660-3975
Date. Septm*w 25, 1996
Total Pages: 2
Re: Davis
Dar Mr.Kirk.
Mr.Cogpvd has satisfied my concerns regarding the removal of the lots 1,2,4&5 ftm the
Davis twodgg plan. Those are to rain as part of the Stage Coach Run devedopment and
gwmaed by the rea icM oohs. Please ne,the coached map.
Thank You
cc Mr.Arthur Cogswell
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DRAFT 10/2/96 PLANNING BOARD MINUTES 29
AGENDA ITEM#9: MATTERS HEARD AT PUBLIC HEARING 8/26/96
a. Zoning Atlas Amendments
(1) Z4-96 Charles W.Davis&James L. Davis
Presentation by Eddie Kirk.
This item is to consider a proposed Zoning Atlas amendment in Hillsborough
Township requested by Charles W.Davis and James L.Davis.
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 I40/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 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.
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.
Public Hearing Comments -
A joint public hearing on the rezoning request was held by the Board of
Commissioners and Planning Board on august 26, 1996. There were no
comments from the Planning Board or Board of Commissioners.
Judy Brown and Dean Lategan,both residents of Stagecoach Run,spoke in
opposition to the request for certain lots that they indicated were originally a
part of Stagecoach Run. They felt that the restrictive covenants applied to these
lots. Deal Lategan indicated these lots were 1,2,4 and 5 in Section A and Lot I
in Section B. Arthur Cogswell and Mr.Charles Davis spoke in favor of the
request. Mr.Davis indicated that these lots were eliminated in the 1980s and
are now not subdivided.
30
Geof Gledhill,County Attorney,indicated that private restrictive covenants do
not restrict the County from rezoning. The original covenants can be enforced
by the Homeowners' Association regardless of the zoning. If the lots are part of
the subdivision,the restrictions apply unless changed by the Homeowners'
Association. Minutes of the public hearing are attachments to these minutes on
pages
The applicants have indicated they are willing to delete the lots or area in
question from the rezoning request.This reduces the request from 105 acres to
99 acres. A new letter and map have been submitted deleting this area
attachment on pages ).
The Planning Staff recommends approval of the request for a Zoning Atlas
Amendment,deleting the area in question,from Rural Residential(R-1)to
Residential-3(R-3)per findings(attachment on pages ).
Barrows thanked the developer for taking into consideration the concerns of the
residents of Stagecoach Run.
Katz asked about the impact if this is developed at R-3 and the Economic
Development District is developed directly adjacent to it. What kinds of
problems will we be creating for ourselves. Kirk responded that there are
buffer requirements for the R-3 and the Economic Development District. Willis
also noted that that issue was addressed when the economic development
districts were created with the primary and secondary areas and the land use
buffers.
Brown asked for clarification of R-3. Kirk responded three units to the acre;
basically 15,000 square feet minimum lot size. Brown continued asking if a
development plan will be coming in after this rezoning. Kirk responded that he
did not know of such a plan. Water and sewer plans would have to be provided
in order to present a plan. Kirk clarified that the rezoning was initiated by the
owners of the property.
Brown asked if commercial development could be done in an R-3 district.
Willis responded that the applicant could have proposed a planned development.
A planned development can be more expedient because the site plan,rezoning
and subdivision are approved at one time. The applicant chose to pursue a
straight rezoning at this time.Anything else that the applicant wishes to do,
must go through another process.
Willis noted that one advantage to going through one step at a time is the
tremendous amount of work that must be done in preparation for a planned
development submittal. If,for some reason it was not approved,there would
have been a much greater loss of time and money in preparing the application.
In response to a question regarding location of water and sewer to the area,Kirk
indicated the location on a map.
Strayhorn stated he felt this property and location is wrapped up in high density
similar to those around Carrboro and Chapel Hill. He felt such developments
would take the pressure off the rural areas. It is easier to provide water and
sewer and he felt areas such as this is where higher density should be.
31
Brooks asked if duplexes would be allowed. Kirk responded they would be
allowed if twice the minimum lot size is provided.
Arthur Cogswell,representing the owners,commented that this area would be a
terrible site for commercial development because of its distance from the
highway and it is not large enough to be supported by the residents who would
live there. It is too remote from traffic to be successful.
Brown asked if there is potential for access to Old 86. Kirk responded that
there would be access to Old NC 86,and possibly to New 86 as well.
Willis stated that would be an issue when a definite plan is presented. Brown
felt it would be an ideal situation for a pedestrian component.
MOTION: Barrows moved acceptance of the Staff findings for Article 20.3.2 a-e and
Article 4.2.8 a-c. Seconded by Hoecke.
VOTE: Unanimous.
MOTION: Strayhom moved approval of the Planning Staff recommendation. Seconded by
Walters.
VOTE: Unanimous.
(2) Z-5-96 Efland Setback Overlay District
Proposed amendment an attachment to these minutes on pages
Presentation by Mary Willis.
This item is 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 the Ten and twenty-year
Transition Areas in the Efland Area.
The Orange County Planning Staff proposed that a new zoning overlay district
applied to the 10-Year and 20-Year Transition Areas in the Efland area. The
overlay district would allow setbacks of 20 feet from road right-of-way and 8
feet from side and rear property lines,with provision 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 district.
The amendment was initiated by the Planning Staff after receiving a rezoning
request submitted by a property owner to address a setback problem. Because
the problem was common to many lots in the Efland area,an amendment was
proposed by the Planning Staff to address the issue on a community-wide rather
than lot-by-lot basis.
Efland was an existing developed community when Cheeks Township was
zoned in 1984,and is partially served by public water and sewer. Of the 1,289
existing lots in the Transition Areas,which includes the Efland community as
well as area west to the vicinity of Buckhom Road,676(52%)are non-
conforming lots smaller than 40,000 square feet. Many cannot be built upon in