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Home My WebLink AboutAgenda - 06-26-1995 - VIII-Z • 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 26, 1995 Action Agenda Item # =_Z SUBJECT: Z-5-95 PIEDMONT QUALITY ELECTRIC - ZONING ATLAS AMENDMENT DEPARTMENT:PLANNING & INSPECTIONS PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Vicinity Map Extension 2580 Site Map TELEPHONE NUMBERS Staff Memorandum Hillsborough - 732-8181 Findings of Fact Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 6/19/95 Draft Planning Chapel Hill - 967-9251/968-4501 Board Minutes PURPOSE: To consider a proposed Zoning Atlas Amendment in Cedar Grove Township to correct an error in the Atlas. BACKGROUND: The property is located in Cedar Grove Township at the southeast corner of NC Highway 86 North and Walnut Grove Church Road (SR 1001) . Adjacent land uses include a County-operated solid waste convenience center, a store zoned Neighborhood Commercial, residential and agricultural land. The current zoning is Agricultural Residential and Little River Protected Watershed. The County proposes to rezone one (1.00) acre to Neighborhood Commercial to correct an error in the Zoning Atlas which was discovered by the Planning Staff on April 26. In August 1993, when zoning was proposed in Cedar Grove Township, two businesses, the store and an electrical contractor's office existed at the site. At that time, the Planning Staff considered both uses to be located on the same lot, based on building permit and tax records. Neighborhood Commercial zoning was applied to the 1.26-acre lot adjacent to NC 86 effective on January 1, 1994. On April 26, 1995, the owner of the electrical contractor's business visited the Planning and Inspections Department to apply for a building permit to add storage area to the existing structure. While w a 2 gathering information to prepare a site plan, the applicant advised Staff that the building is located on the lot line between the NC-2 zoning lot and the adjacent 1-acre parcel under the same ownership. The adjacent lot is currently zoned Agricultural Residential (AR) and Little River Protected Watershed. It is also included in a lease agreement between the land owner and Orange County for a solid waste convenience center. The facility is located on the northern portion of the lot near Walnut Grove Church Road. Neighborhood Commercial zoning would have been applied to the 1.0-acre lot when the township was zoned, if Staff had known the actual location of the building. The Planning and Inspections Department proposes to correct the Zoning Atlas by rezoning the 1.0-acre lot to NC-2. The proposed rezoning is consistent with the Comprehensive Plan. The property is located within a Rural Neighborhood Activity Node and has direct access to Walnut Grove Church Road which is designated as a collector in the Comprehensive Plan. The proposal was presented at public hearing on May 31. The owner of Piedmont Quality Electrical Services, Inc. spoke in favor of the rezoning. The Board of Commissioners referred the matter to the Planning Board for a recommendation. On June 19, the Planning Board unanimously recommended approval of the rezoning based on the attached findings required by Articles 4 and 20 of the Zoning Ordinance. RECOMMENDATION: The Administration recommends approval of the Zoning Atlas amendment from Agricultural Residential to Neighborhood Commercial as per the Planning Board recommendation. + U0 � I� 121 � Iax42 I33��P`/�6 �, ` 51•IAC. ? 4 AC.5200 11 ` fi 1 1 10.231 aC. 69 •5292 E°ASe1 I I 3006 14 D Ac' 14 .pa 3� �CRr11 3937 I I 1 1 1T 4 1.52AC m� 5 AC. a� 5019',, ``'1 AC`, 3.95 AC. 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GQ PIPE FOUND ;;• MARY LONG KENNEDY ' 518-680 ELECTRICAL CK 5v. .:.err.'• - ORANGE COUNTY PLANNING DEPARTMENT 5 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT DATE: MAY 5, 1995 SUBJECT: Z-5-95 PIEDMONT QUALITY ELECTRIC PROPOSED ZONING ATLAS AMENDMENT GENERAL INFORMATION Applicant: Sherri Walters, Vice President Piedmont Quality Electrical Services, Inc. 337 Eden Drive Hillsborough, NC 27278 Location: Southeast corner of NC Highway 86 North and Walnut Grove Church Road (SR 1001) in Cedar Grove Township. Lot size: 1.0 acres total, to be rezoned from AR/LITTLE-PW to NC-2/LITTLE- PW. Existing Land Use: County-operated solid waste convenience center and electrical contractor's office. Surrounding Land Use: North - County-operated solid waste convenience center. East - Agricultural land zoned AR/LITTLE-PW. South - Agricultural land with a residence. West - Store on land zoned NC-2/U-ENO-PW. 6 MEMORANDUM Z-5-95 Piedmont Quality Electric May 5, 1995 Page 2 Land Use Plan Designation: Agricultural Residential, Rural Neighborhood Activity Node, and Little River Protected Watershed. Zoning: The property is presently zoned Agricultural Residential (AR) and Little River Protected Watershed. The intent of the Neighborhood Commercial-II (NC-2),District is provided in Article 4.2.9 of the Zoning Ordinance. a) Intent The purpose of the neighborhood Commercial-II (NC-2) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Located within areas designated by the adopted Comprehensive Plan as either a Commercial Activity Node or Rural Neighborhood or Rural Community Activity Node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. 4. Normally, the maximum amount of land zoned NC-2 at any node shall not exceed nine acres, but a maximum of 5 acres shall apply where population density is lower and distributed more widely than in the Transition areas. Acreage limitations shall not apply to property zoned Existing Commercial-V (EC-5) or planned developments. 5. All sites designated NC-2 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. i 7 MEMORANDUM Z-5-95 Piedmont Quality Electric May 5, 1995 Page 3 The following is a list of permitted uses in NC-2: H1 Day Nursery, Daycare, Private Kindergarten Hla Day Care Home, Large H2 Single-Family dwelling w/wo efficiency apartment H3 Two-Family dwelling H4 Multiple family H6 Family Care Home Accessory Uses P2 Botanical Gardens P4 Bus Passenger Shelter P7 Church P8 Community Center P10 Governmental Protective Services (Police and Fire Stations) Rescue Squads, Volunteer Fire Departments P13 Military Installations P14 Public & Non-Profit Parks P15 Parking as a principal use P21 Schools: Dance, Art and Music P24 Governmental Facilities & Office Buildings P25 Water and Sanitary Sewer Pumping Stations S6 Banks and Financial Institutions S7 Beauty and Barber Shops S8 Clubs or Lodges S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S21 Laundry and Dry Cleaning Services S22 Libraries S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building S29 Offices & Personal Services That Generate Medium Traffic Volumes and Have No Adverse Impacts Beyond the Lot Boundaries S35 Recreational Facilities: Golf Club S37 Repair Service Electronic & Appliance S38 Research Facility S39 Restaurants: Carry Out S41 Restaurants: General S42 Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract & Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. f 8 MEMORANDUM + Z-5-95 Piedmont Quality.Electric May 5, 1995 Page 4 B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation (200-300 Trips/Day) S51a Studio (Art) The following uses are allowed with a Class A Special Use Permit: 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: H7 Group Care Facility P3 Buildings; Portable P22 Transmission Lines S34 Recreational Facilities (Non-Profit) 9 FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION:Z-5-95 PIEDMONT QUALITY ELECTRIC BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING BOARD RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" indicates Compliance: "No" indicates Non-compliance) PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Reauirements The application must comply with all requirements specified in Article 20 - Amendments. Those requirements include: 20.3.2 a) Map showing affected _x—Yes No Map provided at scale Yes No property at scale of not less than of 1"=50'. 1"=100' nor more than 1"=20'. 20.3.2 b) Legal description _x Yes No Description provided with Yes No of property. application. 20.3.2 c) Explanation of alleged _X—Yes No Property should have been Yes No error, if any, to be corrected by zoned NC-2 when Cedar Grove proposed amendment. Township was zoned 1/1/94. 20.3.2 d) Changed conditions, Yes_X–No Not applicable Yes No if any, which make amendment reasonably necessary to promote public health, safety and general welfare. 20.3.2 e) Manner in which proposed _x—Yes No The property is located a Yes No amendment will carry out purpose Rural Neighborhood Activity and intent of adopted Comprehensive Node. The purpose of the node Plan. is to provide small scale commercial uses serving the population in the surrounding area. The proposed zone is consistent with the Rural Neighborhood Activity Node. l ARTICLE 4-DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA 10 ('Yes" indicates Compliance; "No" indicates Non-compliance) PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for a Neighborhood Commercial-2 designation. The criteria for this district are set forth in Article 4.2.9 as follows: (a) Located within areas designated _x—Yes No The property is located in a Yes No by the adopted Comprehensive Plan Rural Neighborhood Activity as either a Commercial Transition Node. Activity Node or Rural Neighborhood or Rural Community Activity Node. (b) Uses would serve a market area _x—Yes No Permitted uses would be those Yes No population confined to the allowed in the NC-2 zoning immediate area and would district, which are small generally not serve commuters scale commercial and service or persons outside the uses. surrounding neighborhood. (c) Lot size for individual uses _X—Yes No A septic system is currently Yes No shall be appropriate to the in place. method of water supply and sewage disposal. (d) Normally, the maximum amount of _X—Yes No If the entire 1.0-acre parcel Yes No land zoned NC-2 at any node shall had been zoned NC-2 at the time not exceed nine acres, but a Cedar Grove Township was zoned, maximum of 5 acres shall apply the total acreage of NC-2 zoning where population density is lower in the node would be 5.8 acres. and distributed more widely than in the transition areas. (e) All sites designated NC-2 _x—Yes No The property has direct access Yes No shall have direct access to Walnut Grove Church Road which to a street classified either is designated as a collector in as an arterial or collector as the adopted Comprehensive Plan. designated by the adopted Comprehensive Plan. J (� 11 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 V, CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Emily Cameron, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 12, 1995, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the proposed rezoning in Cedar Grove Township of a 1-acre parcel from Agricultural Residential to Neighborhood Commercial-2, 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 12th day of May, 1995. btu ��2%�ut?/ZD�f EMILY CAMERON ZONING OFFICER 12 AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (5/25/95) a. Proposed Zoning Atlas Amendments ( 1) Z-5-95 Piedmont Quality Electric Presentation by Emily Cameron. This item is to consider a proposed Zoning Atlas Amendment in Cedar Grove Township to correct an error in the Atlas. The property is located in Cedar Grove Township at the southeast corner of NC Highway 86 North and Walnut Grove Church Road (SR 1001) . Adjacent land uses include a County-operated solid waste convenience center, a store zoned Neighborhood Commercial, residential and agricultural land. The current zoning is Agricultural Residential and Little River Protected Watershed. The County proposes to rezone one ( 1.00) acre to Neighborhood Commercial to correct an error in the Zoning Atlas which was discovered by the Planning Staff on April 26. In August 1993, when zoning was proposed in Cedar Grove Township, two businesses, the store and an electrical contractor's office existed at the site. At that time, the Planning Staff considered both uses to be located on the same lot, based on building permit and tax records. Neighborhood Commercial zoning was applied to the 1.26 acre lot adjacent to NC 86 effective on January 1, 1994 . On April 26, 1995, the owner of the electrical contractor's business visited the Planning and Inspections Department to apply for a building permit to add storage area to the existing structure. While gathering information to prepare a site plan, the applicant advised Staff that the building is located on the lot line between the NC-2 zoning lot and the adjacent 1-acre parcel under the same ownership. The adjacent lot is currently zoned Agricultural Residential (AR) and Little River Protected Watershed. It is also included in a lease agreement between the land owner and Orange County for a solid waste convenience center. The facility is located on the northern portion of the lot near Walnut Grove Church Road. 1 t D Ulf UU 13 Neighborhood Commercial zoning would have been applied to the 1.0-acre lot when the township was zoned, if Staff had known the actual location of the building. The Planning and Inspections Department proposes to correct the Zoning Atlas by rezoning the 1.0-acre lot to NC-2 . The proposed rezoning is consistent with the Comprehensive Plan. The property is located within a Rural Neighborhood Activity Node and has direct access to Walnut Grove Church Road which is designated as a collector in the Comprehensive Plan. The proposal was presented at public hearing on May 31. The owner of Piedmont Quality Electrical Services, Inc. spoke in favor of the rezoning. The Board of Commissioners referred the matter to the Planning Board for a recommendation. The Planning Staff recommends approval of the Zoning Atlas amendment from Agricultural Residential to Neighborhood Commercial based on the findings required by Article 20 and Article 4 of the Zoning Ordinance. MOTION: Hoecke moved agreement with Planning Staff findings for Article 20. Seconded by Allison. VOTE: Unanimous. MOTION: Katz moved agreement with Planning Staff findings for Article 4. Seconded by Barrows. VOTE: Unanimous. MOTION: Allison moved approval of the Zoning Atlas amendment. Seconded by Katz. VOTE: Unanimous. b. Proposed Zoning Ordinance Text Amendments ( 1) Article 8 - Special Uses Presentation by Emily Cameron. This item is to consider a proposed amendment to the Zoning Ordinance which would clarify who bears the burden of proof in the consideration of Special Use Permits.