HomeMy WebLinkAboutAgenda - 11-27-1995 - C-2-a 0s1
O R A N G E C 0 U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 27 , 1995
Action Agenda
Item # C-2-a.
SUBJECT: Z-7-95 VERNON P. & BARBARA S. DAVIS -- 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 Zoning Atlas
amendment request submitted by Vernon P. and
Barbara S. Davis of 3310 Highway 54 West.
BACKGROUND: The Davis's request rezoning of a 4.67-acre
portion of a 10.01-acre lot from AR Agricultural-
Residential to AS Agricultural Service. The
property is located in the southwest corner of NC
54 and White Cross Road (SR 1952) and is known as
-Lot- No. - 6.30. .7M. The proposed zoning lot abuts a
. 17-acre (50' X 1501 ) NC-2 Neighborhood Commercial
parcel, known as Lot No. 6.30. .7B. This
commercial lot is situated on the immediate corner
of the intersection. The proposed zoning lot
would have 4501± frontage on NC 54 and 2501± feet
on White Cross Road but no frontage at the corner.
Please refer to attached maps.
The property is located in the White Cross Rural
Community Activity Node.
Across NC 54 to the north, properties are zoned AR
Agricultural-Residential, NC-2 Neighborhood
Commercial, and LC-2 Local Commercial. Across
White Cross Road to the east, the land is zoned
OS2
NC-2 Neighborhood Commercial and R-1 Rural
Residential. Abutting Acreages to the south and
west are zoned AR Agricultural-Residential.
The Land Use Element describes the Agricultural-
Residential category as containing 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 AS Agricultural Service zoning is to
provide for rural non-farm, non-residential uses
which support horticultural-silvacultural uses in
AR districts. The application criteria state that
an AS 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 from White Cross Fire Department, the
Sheriff's Department, and 911 Services has been
received indicating that uses permitted in an AS
zoning district can be served in this location.
RECOMMMATION: 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
d
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053
the proposed rezoning would be consistent
with the Comprehensive Plan by the proposed
atlas amendment. 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 January 16, 1996.
0— N91 COUNTY, NORTH CAROLINA •
O S 4 APPLICA,,.ON FOR CHANIE OF ZONINS 0,_•tRICT
Date: TOBER 9. 1995
TO THE BOARD OF COUNTY CONNIBSIONER8 lye
ORANGE COUNTY, NORTH CAROLINA O
The undersigned do hereby asks appticatie'n to change the Zoning At Las of
Orange County of hereinefter requested .
1 . The property is Located on the WET_side of S.It,p1952
( WHTT . ROSS ROAD Itrest/Road) between .R. 0 NC 54 _ and
It is known as Letts) n_, stook 0 of
Orange County Tax Nap §.a- BINGHAM Township . It has a frontage
of 550 IMEM fast and a depth of 400 ifeet , and contain•
square feet or �7, Mae roe .
Z. It is desired end requested that the foregoing property be rezoned
from AR to AS
9.• Tho •foLLowing information has been attached in . support of the
application for changing the Zoning Atlas to - required an aLL
ap.p.L i Be$I ans
...
ee. A fw&ly e48000 40sed see 42 a 90090 Of sat Was ibga 046 tl) 1440
4440LI sae-460ergd Ilse) t9et ear "Ps 2600 One III fagot equate
Ivessr teal real $bowl us"•tno lane 9101sa 46 propesed to as
r6 ssood.
02. A tegat deaariplies of Ise tone propseed to be r8390900.
06. A 6tss46sat of jr9tlftaatlon eddreseine acs or Nora of the
to t Levi no s
(l) The OLL"Oe smell Is tie 200189 ordfOOSOO, it say, 96446
:geld be 9a.rreesod lty 164 pr9pesOd 96Nada»nt Nita a tetai lad
oap9asetlaa of ONG& srrwr in sea tosia! Asses sad desalted
reasons New the proposed esteadgest Witt serreet %be ewer.
(s) The ease ad or ~1441 "Soilless, it sat, In the aree or
In she Cooly loneretty, Walsh Nate Ilia propeesd eegedweat
reassoebty agesesery t9 tole preostias of Ills PNOLle health.
::8 foul and eMsest setters.
'te) Moser is w6i66 she proposed Sweetmeat WILL Barry ant
sag intent gad purpose of site edepted Land Us* PLON or fart
tlNree*•
Sts) All etbor elpeuestesses, feelers and possess ehlah the
SPOL194011 9ftar6 in 6wpp9pt of 166 pr6pa60d' NOndasnt
inalwd/s$, act not &lolled ts, doommosetion free *@"ISO
8464:186 (e.g. tiro, potteg, rese9e ant atl atlas glossies)
eeserina wery/gee prewlsise sepabltlty to SAG eeoateposes.
d. A ties of aLL Individuate, fire• ar eOrpOPW Oae Owning pre99rty
464e40481 or WttA/a ?two buadred (goal teas of $he property
84wg� r 1-eiM;�sJS 1a sts"Aed. The Liss is serre.s as of
1age
I certify that. alL information furnished in this app Lieetion is accurate
o the bast of BY knowtodge. •
pptlsantisl : BARBARA S. DAVIS
ddreaa s 3310 H__W_Y 54__WEST
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ZONING ATLAS AMENDMENT REQUEST
Z-7-95 Vernon P. & Barbara S. Davis
Scale 1"=4,000-1
.I AC. j /7126 E SEE MAP 30 A
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(WEST BROOK
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ZONING AM S AMENDMENT REQUEST
Z-7-95 Vernon P. & Barbara S. Davis
Scale 1"=400'
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PRELIMINARY PLAT
Not for Recordation,
Conveyance. or Sales. NC _
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4. 67 C.
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/Proposed Zone
Glenda A. Tilley
. 90—E-261
4137,• O
N 8542, w
600 R1W
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SEE: rPtllot ? m W
sop GRE(NY TO D N '
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Pe 53 pq 90 Vernon Davis I
(5.34 Ac. remaining)
SC4LE 1'=100'
— 100 0 100 200
ZONING ATLAS AMENDMENT REQUEST
Z-7.95 Vernon P. & Barbara S. Davis
M
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
C r
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INFORMATION MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: NOVEMBER 27, 1995
SUBJECT: Z-7-95 VERNON P. & BARBARA S. DAVIS ZONING ATLAS CHANGE
REQUEST FROM AR AGRICULTURAL-RESIDENTIAL TO AS
AGRICULTURAL SERVICE
GENERAL INFORMATION
APPLICANT: Vernon P. & Barbara S. Davis
3310 NC 54 W
Chapel Hill, NC 27516
LOCATION: 3310 NC 54 West (Tax Map No. 6.30..7M)
LOT SIZE: 4.67 acres on a 10.01-acre tract
EXISTING LAND USE: Residential
SURROUNDING LAND USE:
NORTH - Neighborhood and Local Commercial
NORTHEAST - Local Commercial
WEST - Agricultural-Residential
SOUTH - Agricultural-Residential
EAST - Neighborhood Commercial
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Rural Community Activity Node
♦ i
090
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: November 27, 1995
PAGE: Two
EXISTING ZONING
AR Agricultural-Residential
PROPOSED ZONING
AS Agricultural Service
Intent and application criteria of the AS Agricultural Service District are given in
Section 4.2.24 of the Zoning Ordinance.
Intent.
The AS Agricultural Service district provides sites in rural areas for rural non-
farm, non-residential uses which support horticultural, silvacultural, agricultural
' uses of the AR Agricultural-Residential district.
Application Criteria
The AS district is usually applied where the following conditions exist:
1. The site is within areas designated by the Comprehensive Plan as
Agricultural-Residential;
2. Lot sizes are appropriate to the method of water supply and sewage
disposal; and
3. Normally, maximum amounts of land zoned AS at any location are no
more than 10 acres.
Permitted Uses.
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
S2 Agricultural Service Uses
INFORMATION MEMOKANDUM
TO: Board of County Commissioners 0,91
Planning Board
DATE: November 27, 1995
PAGE: Three
S10 Farm Equipment and Sales
S11 Feed, Seed, Storage and Processing
S13 Greenhouses (No On-premises Sales)
S14 Greenhouses (On-premises Sales)
S18 Commercial Feeder Operation
= S19A Class I Kennels
S48 Sawmills
S49 Stockyards
S50 Storage of Goods, Outdoors
S51 Storage or Warehousing: Inside Building
S51a 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)
w P17 Radio & Television Transmitting & Receiving Towers & Elevated Water
Storage Tanks
P22 Transmission Lines
S20 Class H Kennels, Riding Stables
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REZONING REQUEST LEGAL DESCRIPTION
6.30-7M
4.67 ACRES
BEGINNING at an N.C.D.O.T. right-of-way monument set in southern margin of
the right-of-way to N.C. FEghway 54 at the point where southern margin of said right-of-
way intersects the site easement to S.R. 1952;thence with said site easement South 40
degrees ST 25" East 20.48 feet to an iron stake, corner with Davis;thence with Davis, the
7 following courses and distances; South 12 degrees 18' 19" West 104.10 feet and South 76
degrees 11'40*East 59.97 feet to an iron stake on the western margin of the right-of-way
to S.R. 1952, the following courses and distances: South 13 degrees 48' 19"West 156.77
feet and along the arc of a circle to the left, having a radius of 1020.73 feet,a distance of
362.78 feet to an iron stake, corner with Tilley;thence with Tilley the following courses
and distances: South 6 degrees 50' 10"West 72.32 feet,North 87 degrees 46'44"West
180.38 feet; South 04 degrees 34'20"East 290 feet to an iron stake, corner with property
now or formerly belonging to Mrs. Ercell W. Cecil heirs;thence with said property,the
following courses and distances: North 87 degrees 45'00" West 123.35 feet;North 72
degrees 01'40"West 172.80 feet and North 83 degrees 31'40"West 247.50 feet to an
iron stake;thence North 31 degrees 16 07"East 254.68 feet to an iron stake;thence
South 87 degrees 46 44"East 140 feet to an iron stake;thence North 02 degrees 13' 16"
Fast 790.76.feet to an iron stake on the southern margin of the right-of-way to N.C.
Highway 54;thence with the southern margin of the right-of-way to N.C. Highway 54
along the arc of a circle to the right,having a radius of 3879.72 feet, a distance of 417.48
feet to the place and point of beginning,containing 10.01 acres,more or less,according to
plat of survey entitled "PROPERTY OF GREGORY TODD TILLEY" by Credle
Engineering Company, Inc.,dated July 11, 1989.
f
09b
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
I, James R. Hinkley, Zoning Officer, Orange County, North
Carolina, DO HEREBY CERTIFY THAT:
On or about November 10, 1995, I sent by Certified Mail,
postage prepaid, a Notice of the Public Hearing to be held on
Monday, November 27, at 7:30 pm in the Superior Courtroom of the
Orange County Courthouse (New) , at 106 East Margaret Lane,
Hillsborough, North Carolina, for the purpose of providing all
interested citizens an opportunity to speak for or against Zoning
Atlas Amendment Z-7-95 requested by Vernon P. & Barbara S. Davis
to rezone a tract totaling 4.67 acres on an 10.01-acre tract,
situated entirely on their property at 3310 NC 54 West (Tax Map
No. 6.30. .7M) , lying on the southwest corner of the intersection
of NC 54 West and White Cross Road. The notice was sent to eight
property owners who hold title to ten parcels which lie within
500 feet of the Davis property requested for rezoning. A list of
these parcels and their owners is attached.
__James__R. _Hinkley, AICP
Zoning Officer
ATTEST:
Kay Evans
Notary
f Z-7-95 BINGHAM TOWNSHIP
Vernon P. & Barbara S. Davis
AFFECTED PROPERTY OWNERS
f
Page One of One
Tax Map Number Property Owners
6.30. .7 Paul J. Cheek
PO Box 363
Chapel Hill, NC 27514
6.30. .7C Mack Floyd & Glenda Sykes Tilley
6.30. .25 3518 NC 54 W
Chapel Hill, NC 27316
6.30. .7H Weldon Riggsbee
1410 White Cross Road
Chapel Hill, NC 27516
6.30. .8 Phillips Whisnant Partners
DBA/White Cross Partnership
404 Deming Road
Chapel Hill, NC 27514
6.30. .9 W. Everett Blackwood
318 Dairyland Road
Chapel Hill, NC 27516
6.30. .20 L.W. Pritchett
1549 W. Webb Street
Burlington, NC 27217
6.30. .37 Dovie Jo Cecil
2904 White Cross Road
Chapel Hill, NC 27516
6.30. .37C John 0. , Jr. & Patricia Cecil
6.30. .37F 2505 Wildcat Creek Road
Chapel Hill, NC 27516
s
095 ORANGr, COUNTY EMERGENCY MANS EMENT
P.O. BOX 8181
HILLSBOROUGH
NORTH CAROLINA
27278
9-1-1 Communications Emergency Medical Services
24 Hour Warning Point D Fire Marshal
C
732-8161 - 933-2600 n63 Hazardous Materials
Fax Machine 644-3030 - 968-2050
%7-9026
October 30, 1995
TO: Planing DepartmeM
FROM: Milne Tapp;Fire Mu�al' .r'�
RE: Venn P.Davis and Bub= S.Davis
White Goes.Road, State Road 1952
Chapel Dill► NC
Fire/EMS C MM9
S
Orange Cormty,Emegpacy Management Division at EMS, wtft provide EMS covaage
for the proposed site. Orange Canary FmergeWy Maoag is located-at 1914 New Hope
(each Road, m Chapel:H - the Director is Fwk Wagers.
The White Cross Foe Deprc�pfavides fke- ii dij* W1he PDpoeed shoe. They
are located on Who Ckem Road.Robbie Smith n the Chief at White Cww Fire Deparmsnt.
Please-eantsct ns N adduced aedstwe is needed.
the
Located at 1914 New Hope Church Road - Chapel Hill, North Carolina 27516