HomeMy WebLinkAboutAgenda - 08-22-1995 - VIII-O ti 1
O R A N G E C 0 U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 22, 1995
Action Agenda
Item # y �
SUBJECT: Z-2-95 ROBERT D. MCBROOM - 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 2.98 acres owned
by Robert D. McBroom from AG Agricultural-
Residential to I-1 Light Industrial.
BACKGROUND: Robert D. McBroom requests that a 2.98-acre lot
located on his 5-acre tract at 1709 NC 86 North
(Tax Map No. 4.3. .20) be rezoned from AR
Agricultural-Residential to I-1 Light Industrial.
The property lies approximately 1,600 feet north
of the southern intersection with Coleman Loop
Road (SR 1332) .
Access to the proposed zoning lot is from the east
side of NC 86 North. All surrounding properties
lie within Orange County's jurisdiction, and they
are zoned AR Agricultural-Residential.
The intent of the I-1 Light Industrial Zoning
District is to provide appropriately located and
sized sites for limited industrial uses.
Performance standards insure the absence of
adverse impacts beyond the immediate space
occupied by the building.
Application criteria state that this district will
2
usually be applied where the following conditions
exist:
1. Site is located within areas designated in
the adopted Land Use Element of the
Comprehensive Plan either as an Industrial
Transition Activity Node or a Rural
Industrial Activity Node.
2. Lot size for individual uses is appropriate
to the method of water supply and sewage
disposal.
3. Direct vehicular access is to streets, either
arterial or collector, designated by the
adopted Comprehensive Plan. Access to rail
service is desirable but no required.
The Comprehensive Plan shows this property to be
within a Rural Industrial Activity Node. This
type Node focuses on a designated road
intersections within select Rural Residential or
Agricultural-Residential areas which are
appropriate for small scale industrial uses not
requiring urban-type services.
Comments received from the Orange Rural Volunteer
Fire Department, Orange County 911, and the
Sheriff's Department state that an I-1 Industrial
zoning lot as described in the above can be
served.
Twenty-six uses are permitted by right in the I-1
Zoning District. Five uses 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. Listed uses in the I-1
district are given in the attached General
Information Memorandum to the Board of County
Commissioners and Planning Board of May 31, 1995.
Public Hearing Summary
A joint public hearing on the rezoning request was
held by the Board of County Commissioners and the
Planning Board on Wednesday, May 31, 1995.
No statements were made by citizens in attendance.
Commissioner Wilhoit asked about the maximum lot
size allowed for an I-2 zoning lot. Staff stated
3
that there is no maximum. Wilhoit also asked for
the designation of NC 86 in the Thoroughfare Plan.
The existing right-of-way width of this portion of
NC 86 is 100 feet according to the 1989 NCDOT
Thoroughfare Plan for Hillsborough. This Primary
State Road is designated as a Principal Arterial
in the Orange County Thoroughfare Plan which
requires a 100-foot right-of-way. The latest and
closest Average Daily Traffic Count for 1994 is
7,300 at Phelps Road to the north of the Coleman
Loop (SR 1334) .
The Planning Board considered the proposed
amendment on July 17, 1995 and recommended
approval. The vote was unanimous.
RECOMMMATION: The Administration recommends approval of the
proposed rezoning.
4
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: MAY 31, 1995
SUBJECT: Z-2-95 ROBERT D. MCBROOM ZONING ATLAS CHANGE REQUEST
FROM AR AGRICULTURAL-RESIDENTIAL TO I-1 LIGHT
INDUSTRIAL
GENERAL INFORMATION
APPLICANT: Robert D. McBroom
1709 NC 86 North
Hillsborough, NC 27516
LOCATION: 1709 NC 86 North
LOT SIZE: 2.98 acres on a 5-acre tract
EXISTING LAND USE: Residential and Used Automobile Sales
SURROUNDING LAND USE:
NORTH - Agricultural-Residential
WEST - Agricultural-Residential
SOUTH - Agricultural-Residential
EAST - Agricultural-Residential
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Rural Industrial Activity Node
MEMORANDUM 5
May 31, 1995
Page Two
EXISTING ZONING
AR Agricultural-Residential
PROPOSED ZONING
I-1 Light Industrial
Intent and application criteria of the I-1 Light Industrial District is given in
Article 4.2.21 of the Zoning Ordinance.
(a) Intent
The intent of the Light Industrial (I-1) District is to provide appropriately
located and sized sites for limited industrial uses engaged in manufacturing
processing creating and assembling of goods, merchandise and equipment.
Performance standards will be used to insure the absence of adverse impacts
beyond the immediate space occupied by the building.
(b) The district will usually be applied where the following conditions exist.
1. Site is located within areas designated in the adopted Comprehensive
Plan as either an Industrial Transition Activity Node or a Rural
Industrial Activity Node.
2. Lot size for individual uses shall be appropriate to the method of water
supply and sewage disposal.
3. Access would consist of direct vehicular access to street designated
either-as arterial or collector by the adopted Comprehensive Plan.
Access to rail service is desirable but not required.
The following is the list of permitted uses in the I-1 Light Industrial District:
Accessory Uses
MI Manufacturing and processing operations where no adverse impacts occur
beyond the immediate space occupied by the building
P2 Botanical gardens and arboretums
P4 Bus passenger shelter
PS Bus terminals and garages
P7 Church
P10 Governmental protective services (police and fire stations) rescue squads,
volunteer fire departments
P14 Parks, public and non-profit
P24 Governmental facilities and office buildings
P25 Water and sanitary sewer pumping stations
MEMORANDUM g
May 31, 1995
Page Three
S18 Commercial feeder operation
S23 Motor freight terminals
S25 Motor vehicle sales rental (new and used)
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 and personal services that generate medium traffic volumes and have
no adverse impacts beyond the lot boundaries
S31 Petroleum products: storage and distribution
S33 Printing and lithography
S35 Recreational facilities (profit/non-profit): golf club and golf club countryclub
S36 Recreational facilities (profit)
S38 Research facility
S50 Storage of goods, outdoor
S51 Storage or warehousing.• inside building
S51 a Studio (Art)
55.E Wholesales sales
S55 Assembly and packaging operations including mail order houses, but excluding
on premises retail outlets
S56 Crematoria
S57 Golf driving and practice ranges
The following uses are allowed with a Class A Special Use Permit:
PI Airport, general aviation, Heliports, S.T.O.L.
P9 Extraction of earth products
P11 Landfills (two acres or more)
P16 Public utility stations and sub-stations, switching stations, telephone exchanges,
water and sewer treatment plants
S19 Junkyards
The,following uses are allowed with a Class B Special Use Permit:
P12 Landfills (less than 2 acres)
P17 Radio and television transmitting and receiving towers and elevated water
storage tanks
P22 Transmission lines
S34 Recreational facilities (non-profit)
7
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86 D. 57
�� PHELPS BR06KS RD.
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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 County
Planning Board meeting of July 17, 1995 for a recommendation to be presented
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
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.
0 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
14
Residential . The zoning designation requested is for I-1 Light Industrial . '
Access to the proposed zoning lot is from the east side of NC 86 North. The
proposed rezoning would be consistent with the Comprehensive Plan.
COMMENTS OR QUESTIONS FROM THE BOARD OF COUNTY COMMISSIONERS OR PLANNING
BOARD
Commissioner Gordon asked about other businesses in the area and
Jim Hinkley said that he is only aware of Major Business Forms.
Commissioner Crowther asked about the business license mentioned in
the application and Mr. Hinkley said that Mr. McBroom was asked to renew his
business license and that is when they discovered that he was in violation
of the Zoning Ordinance and the only way it could be brought into compliance
was to rezone the property.
Commissioner Willhoit asked what kind of provisions are there for
setbacks and if there are further rezonings what kind of provisions are
there for adequate buffers, right-of-way or space available for a turn lane.
Jim Hinkley said that the minimum requirements for this type of use in the
comprehensive plan is that the road needs to be a rural minor collector and
N.C. 86 meets that requirement. The frontage required for an I-1 zone is
200 feet.
Commissioner Willhoit questioned if all the property in that area
was developed as industrial type property, would they be served by regular
driveway cuts and Jim Hinkley said yes. He said that there is no
restriction on the amount of acreage that may be rezoned.
Planner Mary Willis explained that in the Rural Industrial activity
nodes there is not an acreage limitation. There is a radius limitation
which she believes in a quarter mile from the intersection. In the Rural
Commercial activity nodes there are acreage limitations .
MOTION FOR BOTH D-1 (a) (b)
A motion was made by Chair Carey, seconded by Commissioner Willhoit to
refer items D-1 (a) and (b) to the Planning Board for a recommendation to be
returned to the Board of Commissioners no sooner than August 5, 1995.
VOTE: UNANIMOUS
c) Z-3-95 Marion Henry Wilson, Jr. and Nan Wilson
Planner Mary Willis presented information on this item as contained
in the agenda. In summary, on November 2, 1993, the Board of County
Commissioners approved the rezoning of a . 92 acre portion of a 6-acre lot
located on the west side of Ferguson Road between Old Greensboro Highway and
Jones Ferry Road, from Rural Buffer to Existing Commercial. This was done
on the basis that it was determined that the operation had been in place
prior to the adoption of zoning and should have been zoned EC-5 Existing
Commercial at the time the township was zoned. This decision to rezone was
appealed to Superior Court. The Court ruled that the evidence submitted
during the public hearing was insufficient to justify the rezoning of the
property and sent the case back to the Board of County Commissioners for
further consideration. The purpose of this hearing is to provide an
opportunity for any new information to be submitted regarding the use of
property when the township was zoned in September, 1981 . The staff does not
have a recommendation. If based on new evidence received at this hearing,
the Board of County Commissioners find that there was a commercial use
1
i
JULY 17 , 1995 Planning Board Minutes
15
(2) Z-2-95 Robert D. McBroom
Presentation by Jim Hinkley.
This item is to consider a proposed Zoning Atlas
amendment in Hillsborough Township.
Robert D. McBroom requests that a 2 .98-acre lot
located on his 5-acre tract at 1709 NC 86 North
(Tax Map No. 4.3. .20) be rezoned from AR
Agricultural-Residential to I-1, Light
Industrial. The property lies approximately
1,600 feet north of the southern intersection
with Coleman Loop Road (SR 1332) . Access to the
proposed zoning lot is from the east side of NC
86 North. All surrounding properties lie within
Orange County's jurisdiction and are zoned AR
Agricultural-Residential.
The intent of the I-1 Light Industrial Zoning
District is to provide appropriately located and
sized sites for limited industrial uses engaged
in manufacturing, processing, creating, and
assembling of goods, merchandise or equipment.
Performance standards insure the absence of
adverse impacts beyond the immediate space
occupied by the building.
Application criteria state that this district
will usually be applied where the following
conditions exist:
1. Site is located within areas designated in
the adopted Land Use Element of the
Comprehensive Plan, either as an Industrial
Transition Activity Node or as a Rural
Industrial Activity Node.
2. Lot size for individual uses is appropriate
to the method of water supply and sewage
disposal.
3. Direct vehicular access is to streets, either
arterial or collector, designated by the
adopted Comprehensive Plan. Access to rail
service is desirable but not required.
The Comprehensive Plan shows this property to be
within a Rural Industrial Activity Node. This
type Node focuses on designated road inter-
sections within select Rural Residential or
Agricultural-Residential areas which are
appropriate for small scale industrial uses not
requiring urban-type services.
Comments received from the Orange Rural Volunteer
16
Fire Department, Orange County 911, and the
Sheriff's Department state that an I-1 Industrial
zoning lot as described can be served.
Therefore, the proposed rezoning to I-1 Light
Industrial would be consistent with the
Comprehensive Plan.
The application for the rezoning has been
reviewed by the Planning Staff and findings are
as follows:
1. No error was made with respect to the
property when zoning was adopted for
Hillsborough Township on September 2, 1981.
2. Rezoning to I-1 would be compatible with the
stipulations set for Rural Industrial Uses.
The Comprehensive Plan would not need to be
amended to accommodate I-1 zoning.
3. Twenty-six uses are permitted by right in the
I-1 Zoning District. Five uses require a
Class A Special Use Permit with approval of
the Board of County Commissioners, and four
require a Class B Special Use 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. (A list of permitted uses in
the I-1 District is an attachment to these
minutes on pages . )
A joint public hearing on the rezoning request
was held by the Board of County Commissioners and
the Planning Board on May 31, 1995.
No statements were made by citizens in
attendance. Commissioner Willhoit asked about
the maximum lot size allowed for an I-2 zoning
lot. Staff responded that there is no maximum.
Willhoit also asked for the designation of NC 86
in the Thoroughfare Plan. The existing right-of-
way width of this portion of NC 86 is 100 feet
according to the 1989 NCDOT Thoroughfare Plan for
Hillsborough. This Primary State Road is
designated as a Principal Arterial in the Orange
County Thoroughfare Plan which requires a 100-
foot right-of-way. The latest and closest Average
Daily Traffic Count for 1994 is 7,300 at Phelps
Road to the north of the Coleman Loop (SR 1334) .
The Planning Staff recommends approval of the
rezoning per findings (an attachment to these
minutes on pages ) .
1 17
Katz asked that Hinkley describe the current use
of the property and the proposed change. Hinkley
responded that an automobile sales lot has been
on the lot since 1983. Mr. McBroom had no
trouble until this year in having his DOT sales
license and permit applications and renewals.
Agencies are now reviewing more closely to
determine whether businesses are in compliance
with local zoning ordinances. DOT determined that
Mr. McBroom's property needs to be rezoned
before they will reissue his sales license. Mr.
McBroom is requesting the rezoning to correct a
zoning violation of which no one was aware until
he applied for the renewal of his sales license.
There have never been more than four cars on the
lot at any time.
Price asked what effect rezoning this lot would
have on the surrounding residential. Hinkley
responded that the Comprehensive Plan shows this
property to be within a Rural Industrial Activity
Node. Price continued asking about future
residential use of the lot. Hinkley responded
that the portion of the lot for which the
rezoning is being requested is vacant. Waddell
noted that this is a large lot on which a
smaller zoning lot is being superimposed. For
clarification, Willis stated that, if the request
is approved, the one lot owned by McBroom would
contain two zoning lots and would be viewed
separately. The appropriate criteria would be
applied to each zoning lot. The residential lot
will not be affected by the I-1 Light Industrial
lot.
Motions and votes on findings of fact as follows:
MOTION: Reid moved findings in the affirmative for
Article 20.3.2. Seconded by Howie.
VOTE: Unanimous.
MOTION: Reid moved findings in the affirmative for
Article 4.2 (b) 1,2,3. Seconded by Allison.
VOTE: Unanimous.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Katz.
VOTE: Unanimous.
(3) Z-3-95 Marion Henry Wilson, Jr.& Nancy Wilson