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HomeMy WebLinkAboutAgenda - 08-22-1995 - VIII-D ORANGE C O U N T Y BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 1995 Action Agenda Item # -I&K-D SUBJECT: Z-1-95 JAMES TRAVIS RIVES - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING Yes _X_ No ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley X2584 Findings of Fact Application TELEPHONE NUMBERS: Site Maps Public Hearing Minutes 5-31-95 Hillsborough - 732-8181 Planning Board Minutes 7-17-95 Durham - 688-7331 General Information Memorandum Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider a request to rezone 2.75 acres owned by James Travis Rives from Agricultural- Residential to Agricultural Service. BACKGROUND: The proposed 2.75-acre zoning lot, located on Mr. Rives's 18.7-acre tract (Tax Map No. 6.38. .18) on the west side of White Cross Road, is approximately 3,800 feet south of Old Greensboro Road and 4,200 feet north of the Chatham County Line. All surrounding properties are zoned AR Agricultural-Residential. The intent of AS zoning is to provide sites in rural areas for rural non-farm, non-residential uses which support horticultural and silvacultural purposes of AR districts. Application criteria state that this district will usually be employed where the following conditions exist: 1. The site is within an area designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential. 2. The lot size for individual uses would be appropriate to water supply and sewage disposal. 2 A� 3. Normally, the maximum amount of land zoned Agricultural Service would be no more than ten acres. The Land Use Element of the Comprehensive Plan shows the Rives property as Agricultural- Residential. This category pertains to rural areas where prevailing activities (agriculture, forestry) are related to the land in an appropriate location for the continuation of these uses. Therefore, the proposed rezoning to AS would be consistent with the Comprehensive Plan. Comments have been received from the White Cross Volunteer Fire Department and the Sheriff's Department that uses permitted in an AS zoning district can be served. Seventeen uses are permitted by right in the AS Zoning District. Two require a Class A Special Use Permit with approval of the Board of County Commissioners, and four require a Class B Permit with approval of the Board of Adjustment. Any of these uses, either by right or under special conditions, could be allowed on the proposed zoning tract. Lists of AS uses are given in the General Information Memorandum to the Board of County Commissioners and the Planning Board of May 31, 1995, which is attached. Public Hearing Summary A joint public hearing was held on the rezoning request by the Board of County Commissioners and the Planning Board on Wednesday, May 31, 1995. No statements or questions were made by citizens present or by the two Boards. The Planning Board considered the proposed rezoning on July 17, 1995 and recommended approval. The vote was unanimous. RECOM30BiDATION: The Administration recommends approval of the proposed rezoning. a ORANGE COUNTY PLANNING DEPARTMENT 3 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 v' ¢ V k L` 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 AGRICULTURAL 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 - MEMORANDUM 4 , 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 horticultura4 silvacultura4 agricultural 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 size 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 f February 15, 1995 5 Page 3 S2 Agricultural Service Uses SIO Farm Equipment and Sales SII 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: PII 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 6 Ows FORD 1175 cc 110.3 J0 MAC to 4,tios -54• lWhite cr , g? 0 LU > OLD ca RM 1005 C, GREENSBORO RD. solw; 2004 WLUS 00- Man somumn Boom Al X agag a gonna anon a I A- 1 .1 Chatham County JAMES TRAVIS RIVES Z-1-95 4 7 �� 23 4527 20 /J .8444 63 AC. 19.5 AC. ffff O 7266 AC. 11.04 AC. i nrr // • AR �. 0 3 0 0 444 5.5 AC. 2.5 AC. 2.38,oC.`��'• � � 53 i B iii::.::::::.::.: I �vn►nq � Z90 2 I 3O 19.25 AC. AR 6499 1 I 1 I' f� FU �'! i O FU 2 I' 26 117.75 II 3085 FU 0979 II 5928 AC. 5.22 IBC. I .11 JAMES TRAVIS RIVES Z-1-95 } r.r 8 i zi CA u C O C p � F w O a aw - a p � z 8 b o .ti a a U W ow A a p •• O o G4 cn a � w xI xl p a aU a U d E a aw � a W cn ar y q Q a"0 q O O Fi Q i.d W V OC .� A d d too a0 CO a 0 F m, N M:. N N N 3 S 3 cv 9 0 z a z w . y OO 04 oO 00 Pq U � I Oq U Q � Ww •� ►`7. -2 7 C D v w a Q gx w o b O m n .►y w N ' p�p�qq 's u y p a o a N p" w a O cx aO �� w aOUz X� w a, aaau� aoao A Aa: W � w a. a S t0 Q q v D O w t 044 v Q r1 v d y p.•m y� � C 0 w Q q O FolI I do Q O 04, 2o .'t4w � ° a U 18 v° 3 c� 10 i z z z w � W X40 b 002 aaUw I I I O Q U N F� C ctl J � 3 W :1 o W � gg m b a a a z Q z z z o � w a 0 78 3 o a � •� V° 3 !y w ►-� A e4 y v� 6 Q 0 Ci a ri r0� 11 Z-1-95 BINGHAM TOWNSHIP AFFECTED ABUTTING PROPERTY OWNERS James Travis Rives Page One of One Tax May 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 i 12 serve the Hogan development and from there it will go to Stacy Heights and probably from that point over to this property being rezoned. Mr. Godwin said that currently there is a service directly across the street from this property where they will tap on. He will be required to continue water service in a 12-inch main throughout this property. Commissioner Willhoit asked about Carrboro ' s process for stormwater management or a remedy for any problems created by previous development. Mr. Wiliford said that they do have a buffer requirement for existing subdivisions that the Highlands was approved under as well as Highland Meadows . That is a 15-foot buffer on both sides of the stream which is meant to keep the homes out of the immediate channel area. Beyond that, they require that stormwater management calculations be done for each subdivision to show that the rate of runoff will be controlled so that it iS no greater after the development than before. The rate of runoff is a performance standard that must be met. There is no remedy for a problem that happened before this time. Karen Barrows asked if this area was included in the small area planning process. Roy Wiliford said that the small area planning process would be a policy process where the work group will make recommendations to the Board of Aldermen which will eventually result in an implementation for zoning for that area. The town has a conditional use permit which they use to review and approve specific developments provided they meet the zoning regulations . A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to refer the proposed rezoning to Carrboro and after action by the Carrboro Board of Aldermen, refer the proposed rezoning to the Orange Count, Planning Board meeting of July 17, 1995 for a recommendation to be presentee to the Orange County Board of County Commissioners on August 3, 1995. VOTE: UNANIMOUS D. ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING 1 . Amendments to the Orange County Zoning Atlas 0 a) Z-1-95 James Travis Rives Planner Jim Hinkley presented information as included in the agenda. In summary, the proposed zoning lot is located on the 18 .7 acre tract owned by James Travis Rives at 1134 White Cross Road. The zoning designation requested is for AS Agricultural Service. Normally, the maximum amount of land zoned for agricultural services purposes is no more than 10 acres. All surrounding properties lie within Orange County' s jurisdiction and are zoned AR Agricultural-Residential. THERE WERE NO QUESTIONS OR COMMENTS. b) Z-2-95 Robert D. McBroom Jim Hinkley presented the information as contained in the agenda. In summary, the proposed zoning lot is located on the 5-acre tract owned by Robert D. McBroom at 1709 NC 86 North approximately 1, 600 feet north of the southern entrance to Coleman Loop Road. The lot proposed for rezoning contains approximately 2. 98 acres which is currently zoned AR Agricultural- 1 r July 17 , 1995 Planning Board Minutes 13 Brown asked how the open space is to be dedicated. Kirk responded that the open space will be dedicated to and maintained by the homeowners' association. Brown continued, asking if this type of open space would be considered Type A in the Flexible Development Proposal. Yuhasz responded that the majority of Lot A is an open field and will have use for playground and ball fields. Lot B is wooded and has a drainage through it so it would be more secondary with uses such as nature walks. Brown asked if there were septic easements in the subdivision. The response was no, they are all on-lot. Howie complimented the owner and developer of Meadow Ridge for the amount of open space set aside. MOTION: Katz moved approval as recommended by the Planning Staff. Seconded by Rosemond. VOTE: Unanimous. AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (5/31/95) a. Zoning Atlas Amendments ( 1) Z-1-95 James Travis Rives Presentation by Jim Hinkley. This item is to consider a proposed Zoning Atlas amendment in Bingham Township. James Travis Rives requests that a 2.75-acre lot located on his 18.7-acre tract at 1134 White Cross Road (Map No. 6.38. . 18) be rezoned from AR Agricultural-Residential to AS Agricultural Service. The property lies approximately 3,800 feet south of Old Greensboro Road and 4,200 feet north of the Chatham County Line. Access to the proposed zoning lot is from the west side of White Cross Road. All surrounding properties are zoned AR Agricultural-Residential. The intent of AS zoning is to provide sites in rural areas for rural non-farm, non-residential uses which support horticultural and silvacultural purposes of AR districts. Application criteria state that this district will usually be employed where the following conditions exist: 4 14 1. The site is within an area designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential. No change in the Comprehensive Plan is required. 2. The lot size for individual uses would be appropriate to water supply and sewage disposal. 3. Normally, the maximum amount of land zoned Agricultural Service would be no more than ten acres. The Land Use Element of the Comprehensive Plan shows the Rives property as Agricultural- Residential. This category pertains to rural areas where prevailing activities (agriculture, forestry) are related to the land in an appropriate location for the continuation of these uses. Therefore, the proposed rezoning to AS would be consistent with the Comprehensive Plan. Comments have been received from the White Cross Volunteer Fire Department and the Sheriff's Department that uses permitted in an AS zoning district can be served. The application for the rezoning of the tract from AR to AS has been reviewed by the Planning Staff with findings as follows: 1. There was no error made with respect to the property when zoning was adopted for Bingham Township on September 2, 1981. 2. The property was zoned AR on September 2, 1981 in accordance with the Comprehensive Plan. 3. Rezoning the property to AS would be compatible with the stipulations set forth for the Agricultural-Residential use given in the Comprehensive Plan. The Plan would not need to be amended to accommodate AS zoning. 4. Seventeen uses are permitted by right in the AS Zoning District. Two require a Class A Special Use Permit with approval of the Board of County Commissioners, and four require a Class B Permit with approval of the Board of Adjustment. Any of these uses, either by right or under special conditions, could be allowed on the proposed zoning tract. Lists of AS uses are given in the General Information Memorandum to the Board of County Commissioners and the Planning Board of May 31, 1995. (This list is an attachment to these minutes on page . ) i S 15 A joint public hearing was held on the rezoning request by the Board of County Commissioners and Planning Board on Wednesday, May 31, 1995. No statements or questions were made by citizens present or by the two Boards. The Planning Staff recommends approval of the rezoning request per findings (attachment to these minutes on pages . Price asked about surrounding uses. Hinkley responded that the surrounding uses are agricultural-residential. Price continued expressing concern with the impact of chemicals from the commercial uses on the residential uses. Hinkley responded that the agricultural uses are permitted in the area and are exempt from zoning. He continued that the larger acreages around this property are bona fide farms uses, crops and pastures, and fertilizers are applied. He reviewed the uses on Mr. Rives property; dwelling, equipment barn, and nursery. The shrubs and other items are raised by Mr. Rives in his landscaping business. If the rezoning is approved, he could also sell the landscaping items directly to the public. Waddell asked about the intensity of the change in use. Hinkley responded that it would be very low intensity. Brown asked about the exact point of the rezoning. Hinkley responded that the point is to allow for an increased service provision to the surrounding community, or, the ability to sell certain products which are already a part of a legitimate business that already exists on the property, landscaping services. Price expressed concern that this would be spot zoning and asked about other AS designations. Hinkley responded that he knew of three or four AS designations throughout the County. Price noted that she was inquiring about other AS designations in the general or, whether this is spot zoning. Hinkley responded that agricultural residential use and agricultural service are provided for in the Comprehensive Plan for this area. Willis stated that the Comprehensive Plan designates this area as Agricultural Residential. The Zoning Ordinance, which is used to implement t 16 that plan, allows agricultural residential and agricultural service as two zoning districts that are found to be consistent with that land use designation. Price asked if adjoining properties could also apply for such a rezoning and the answer was, "yes" . Rosemond asked if the entire tract is to be changed to AS. Hinkley responded that only a portion of the lot has been requested for rezoning (2.75 acres) . The remaining portion would retain the original AR zoning. Mr. Rives stated that the rezoning would help maintain good customer relations. It would enable him to sell all the landscaping products from his property rather than just using them when providing a landscape service. He noted too, that he already applies chemicals. He is a licensed chemical applicator and very much concerned with chemicals applied on his property as well as on others. Reid asked which watershed the property is located in and the designation. The response was Haw River and the designation WS-IV. Howie asked if the pond is a self-contained pond and the response was, "yes" . MOTION: Reid moved approval as recommended by the Planning Staff. Seconded by Allison. VOTE: Unanimous. Findings of Fact (attachment to these minutes) motions and votes as follows: MOTION: Reid moved findings in the affirmative for Article 20.3.2 a & b. Seconded by Howie. VOTE: Unanimous. MOTION: Katz moved findings in the affirmative for Article 20.3.2e. Seconded by Rosemond. VOTE: Unanimous. MOTION: Reid moved findings in the affirmative for Article 4.2 a & 4.2 b 1,2,3. Seconded by Allison. VOTE: Unanimous.