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HomeMy WebLinkAboutAgenda - 05-31-1995 - D1(a) a • 0 1 t O R A N G E C O U N T Y BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 31, 1995 Action Agenda Item # D 1 a) SUBJECT: Z-1-95 JAMES TRAVIS RIVES - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley X2584 Application Vicinity Map TELEPHONE NUMBERS: Certificate of Mailing Staff Findings Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment submitted by James Travis Rives BACKGROUND: The proposed zoning lot is located on the 18.7- acre tract owned by James Travis Rives at 1134 White Cross Road (SR 1951) (Tax Map No. 6.38. . 18) approximately 3,800 feet south of Old Greensboro Road and 4,200 feet north of the Chatham County Line. The parcel proposed for rezoning contains approximately 2.75 acres which is currently zoned AR Agricultural-Residential. The zoning designation requested is for AS Agricultural Service. Normally, the maximum amount of land zoned for agricultural service purposes is no more than 10 acres. Access to the proposed zoning lot is from the west side of White Cross Road. All surrounding properties lie within Orange County's jurisdiction and are zoned AR Agricultural-Residential. In the Land Use Element of the Comprehensive Plan, this property is listed- as Agricultural- 1 i 012 Residential. The Land Use Element states that this category contains land in rural areas where prevailing use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. The intent of the AS Agricultural Service District zoning district is to provide sites in the rural portion of the County for rural non-farm, non- residential uses which support the horticultural, silvacultural uses of the AR districts. The application criteria state that this district will usually be applied where the following conditions exist: 1. The site is within areas designated by the adopted Comprehensive Plan as Agricultural- Residential. (No change in the Comprehensive Plan is required. ) 2. The lot size for individual uses would be appropriate to the water supply and sewage disposal. 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. Therefore, the proposed rezoning to AS Agricultural Service would be consistent with the Comprehensive Plan. Information has been received from Orange Grove Fire Department and the Sheriff's Department that uses permitted in an AS zoning district can be served. RECOHMNDATION: Article 20.3.3 of the Orange County 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, the site plan and all supporting documentation and has found that the proposed rezoning would be consistent with the Comprehensive Plan by the proposed amendment. • 1 Provided the Planning Board and 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 3, 1995. 014 ;ANGE COUNTY, NORTH CAROLI`. 015 APPLICATION FOR CHANGE OF ZONING DISTRICT oats : TO THE BOARD OF COUNTY COMMISSIONERS �p ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . T ra ty is located on the _side of S .R . (At # 1 �� &***e&/Road) between S .R . # 00 and S .R . It is known as Lot ( s) � Block m.Orange County ax Map !M _feet and a To of 4 1' wnship . It has a frontage d t f 4k—%VAVV. feet , and contains square feet .or acres . 2. It is desi and requested r�at the foregoing eroperty be rezoned from LL..11 to rQ 3.- The .following information has been - attached in__ support of the application for changing the Zoning Atlas (• — required on all applicationa) . *a. A fully dimensioned sup at a seat* of not Less than one (1) inch _ _ equate one—hundred (100) feet nor more then one (1) inch *quota twenty' t201 feat­shawl nQ•-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 more of the faLtowina: (1) The alleged error in the Zoning ordinance, if any, which would be ccrrected by the proposed amendment with a detailed a:planation of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County genorslly, which make the proposed amendment reasonably necessary to the promotion of the public hasLth, safety and general welfare. *(3) The manner in which the proposed amendment wilt carry out the intent and purpose of the adopted Land Use Plan or part thereof. *(A) ALL other circumstances, factors and reasons which the applicant offers in support of the proposed amendment including, but not limited to, documentation from service agencies (e.g. fire, patios, rescue and utilities agencies) assuring services provision capability to the development. d. A List of all individuals, firms or corporations owning property adjoining or within five hundred (300) feet of the property sought for rezoning is attached. The List is current as of costs) I c fy a a nformation furnished in this application is accurate to the -ast o o Applicant (s) : Address •N Phone 016 eo C ,1 L y vi k u y � C � o u :i u y Q �. L Q d y fA Q► w 2 C CO U c -4 '7 GJ a c v c c vw t >, 0-4 w -4 .� ,v a a w C C. u p 1 � u y y u w c0 v u T � U,i E 4 ' 3 u c0 ci • y a rn Er o u cn cn o. �4 w ul w uW� Cl a a w u u d u 4-4 .4 H W "4 c ° °" vcc ca ci G:J aJ u •• v E C co G w E awi a4 cc c cc w C C d SCI 1°a V v o aw» w 4 W w .4 w ai m o co 30 L pl N 2 y G w ews ,4 a Z N w m cd p 7 O r1 d aA $ -r4 u U3 w GJ .. 4J u U ep w 03 O U H F rC+ d u A C 01 -i IIII r` 1/ �_" CN MpR 1 1173 1. "A ,Ijr 1 cc N 1 1 1103 ^. •�•. s JO MAC QO 1 R I CC i / •-- Tu 1 54 l --> ,-� 1 MIM White C j �• \ � - � g n' iI _ I 1 A OLD L RD. 5 ��1005 � ; t , t , WIL115 g �, R0. .• noman Ron /y N O loom���� Ail Ramona Raw p Chatham Co o •�: unty 1" = 4,000' , . JAMES TRAVIS RIVES Z-1JAMES TRAVIS RIVES Z-195 �/ 23 4527 20 ,8444 63 AC. 19.5 AC- 7266 AG 11.04 AC. Nr O O ,•: 444 O 5.5AC. 2.54C. 2.38AC. / 5381 6�0 ::. :.::.::; :..,•::.:::;.;: ' DS6G1 ?902 ( 3 ) 19,25 AC. AR 'j 6499 1 FU O OFU 2 1 26 117.75 3085 FU 0979 If i 5928 AC. .5.22- AC• III Qd 0 4M t 1"= 400' j I11 JAMES TRAVIS RIVES Z-1-95 09 - y,E i 2. 7,5w I �,cscny r � Aftsr "S.1 AAU*fa A� � nn ��titl CERTIFICATE OF MAILING ZONING ATLAS AMENDMENT I, James R. Hinkley, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY THAT: On or about May 12, 1995, I sent by Certified Mail, postage prepaid, a Notice of the Public Hearing to be held on Wednesday, May 31, 1995 at 7:30 pm in the Orange Water and Sewer Authority Operations Center at 400 Jones Ferry Road in Carrboro, North Carolina, for the purpose of providing all interested citizens an opportunity to speak for or against Zoning Atlas Amendment Z-1-95 requested by James Travis Rives to rezone a tract totaling 2.75 acres on an 18.7-acre tract, situated entirely on his property (Tax Map No. 6.38. . 18) , lying on the west side of White Cross Road generally equidistant between Old Greensboro Road and the Chatham County Line. The notice was sent to seven property owners who hold title to nine parcels which lie within 500 feet of the Rives property requested for rezoning. A list of these parcels and their owners is attached. L. EVq� J es R. Hinkley, CP ,.A•.•••••'•••...s' Zoning Officer #OTAR - ATTEST: 0 .% Kay E ans ,q,�••......• '�.�' Notary Z-1-95 BINGHAM TOWNSHIP AFFECTED ABUTTING PROPERTY OWNERS James Travis Rives Page One of One Tax Map Number/Size Property Owners 6.38. .20 / 63a Donald W. Lloyd 1606 White Cross Road Chapel Hill, NC 27516 6.38. .29 / 11.04a Todd W. Board and Katherine J. Spears 1284 White Cross Road Chapel Hill, NC 27516 6.38. .34 / 2.5a I. Li Huang 6.38. .35 / 2.38a 100 Gatlin Court Warner Robins, GA 31088 6.42. .1 / 59.28a Frances A. Williams 1036 White Cross Road Chapel Hill, NC 27516 6.42. . 1A / 7.5a Bruce A. Williams 1026 White Cross Road Chapel Hill, NC 27516 6.42. .2 / 5.22a Charles E. and Ruth G. Williams 1026 White Cross Road Chapel Hill, NC 27516 6.42. .3 / 19.25a Jane Durham Wilson 3.42. .3A / 117.75a 3110 Fieldstone Lane Mebane, NC 27302 JRH 2-14-95 022/ � r ORANGE COUNTY PLANNING DEPARTM ENT '023 306F REVERE ROAD - HILLSBOROUGH, NORTH CAROLINA 27278 v' tt� •i MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: MAY 31, 1995 SUBJECT: Z-1-95 JAMES TRAVIS RIVES ZONING ATLAS CHANGE REQUEST FROM AR AGRICULTURAL-RESIDENTIAL TO AS AGRICULTURAI; SERVICE GENERAL INFORMATION APPLICANT: James Travis Rives 1134 White Cross Road Chapel Hill, NC 27516 LOCATION: 1134 White Cross Road (SR 1951) LOT SIZE: 2.75 acres on an 18.7-acre tract EXISTING LAND USE: Agricultural and Residential SURROUNDING LAND USE: NORTH - Agricultural-Residential NORTHWEST - Residential WEST - Agricultural SOUTH - Agricultural-Residential EAST - Agricultural COMPREHENSIVE PLAN LAND USE DESIGNATION: Agricultural-Residential 024 12 MEMORANDUM February 15, 1995 Page 2 EXISTING ZONING: AR Agricultural-Residential PROPOSED ZONING: AS Agricultural Services Intent and application criteria of the AS Agricultural Service District is given in Article 4.2.24 of the Zoning Ordinance. a) Intent The purpose of the AS Agricultural Service District is to provide sites in the rural portions of the County for rural non farm, non-residential uses which support the horticultural, silvacultural, agriculturat uses of the AR Agricultural Residential districts. b) Application Criteria This district will usually be applied where the following conditions exist. 1. Site is within areas designated by the adopted Comprehensive Plan as Agricultural Residential. 2. Lot sue for individual uses would be appropriate to the method of water supply and sewage disposal. 3. Normally, the maximum amount of land zoned AS Agricultural Service at any location shall not exceed ten acres. The following is the list of permitted uses in the AS Agricultural Services District: Accessory Uses P2 Botanical Gardens &Arboretums P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments P25 Water and Sanitary Sewer Pumping Stations MEMORANDUM February 15, 1995 Page 3 S2 Agricultural Service Uses SIO Farm Equipment and Sales SI1 Feed Seed Storage and Processing S13 Greenhouses (No On premises Sales) S14 Greenhouses (On premises Sales) S18 Commercial Feeder Operation S19A Class 1 Kennels S48 Sawmills S49 Stockyards S50 Storage of Goods, Outdoors S51 Storage or Warehousing.• Inside Building S51 a Studio (Art) The following uses are allowed with a Class A Special Use Permit: P11 Land Fills (Two acres or more) P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: P12 Land Fills (Less than Two Acres) P17 Radio & Television Transmitting& Receiving Towers & Elevated Water Storage Tanks P22 Transmission Lines S20 Class II Kennels, Riding Stables 026 V � � z z z z A a z g z � � y I I I yaw I I I o G.7 z n 0 O z Z cn 5 HO O G0 v� Z 2 z w . 0 �I O z O^� Cn z z P4 Z05 Qa z Z ZE"" ^' Ha o 09� WN qa N z � z En A m 9 < QAZ z° zl z z° c7y � � I X� I I 06o z z w o m u a 3 „ 0 8c ce 9 cnU a �vcc L= a .� Q N O o z Q z amac� I y am � ci C � 4 � a � a q Q •qu z z r� ¢ z Ix , w0 � •c ; � U w0 � C '� > 5 on > p ab z A o � F H w o Au°a z a Qyw z z w z � Q ? c � �a Z U zz co E.0 RA O A � w q � z w a " off E ' � 000 � Ca o to a � � cn CL a M .tia a b Ga.'m 0 � yR y A z z z w A � I zOO� oz ar� � w I I A � w a a 2 - O _ y H Z fx a Q A Q wA as O w z � aa, I I Iola Iola ��.1 a•a 0 c ; rA °s a a a•) 1 ° F�1 y r A cc sa � cc a 0 8 H •'�' •� 3 Q v; r 031")