HomeMy WebLinkAboutAgenda - 11-27-1995 - C-2-b 09.1
ORANGE C O U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 27, 1995
Action Agenda
Item # C-2-b
SUBJECT: Z-8-95 JONES CONCRETE SERVICE -- ZONING ATLAS AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING X Yes No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
Application X2584
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 the Orange County
Planning Department
BACKGROUND: The Planning Staff requests the rezoning of a
1.54-acre lot owned by Henry Ernest Jones at 5908
NC 86 North also know as lot no. 2.33. .5. The
premises has been used commercially for Jones
Concrete Service since 1969. The property in
consideration lies on the west side of NC 86
approximately 2, 100 feet north of Carr Store Road
(SR 1352) /Sawmill Road West (SR 1545) and 3,300
feet south of Compton Road (SR 1353) . The request
is to rezone the property from AR Agricultural-
Residential to EC-5 Existing Commercial to correct
f an oversight during the original zoning of Cedar
Grove Township which had an effective date of
January 1, 1994.
The property is located in an area designated by
the Comprehensive Plan as Agricultural-Residential
lying just north of the old Cedar Grove School and
a Rural Neighborhood Activity Node centered on the
intersection of NC 86 and Carr Store/Sawmill Road
West.
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The Plan describes the Agricultural-Residential
category as containing rural areas where
prevailing use activities are related to the land
(agriculture, forestry) and which is an
appropriate location for continuing these uses.
Existing land use on the property consists of a
business which provides concrete service. This
use is permitted in the EC-5 Existing Commercial
District, as listed in Section 4 .3 Permitted Use
Table of the Orange County Zoning Ordinance: (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
buildings.
Existing land use to the north and south of the
Jones property is residential. To the east across
NC 86 is cropland, and on the west side is
woodland. Zoning for all surrounding properties
is AR Agricultural-Residential.
The Zoning Ordinance lists criteria which are
normally used to determine the application of EC-5
Existing Commercial zoning. The purpose of an
EC-5 designation is to provide for existing
commercial uses during the application of zoning
to previously unzoned townships. EC-5 may
accommodate existing commercial uses located in
areas not designated as Activity Nodes by the
Comprehensive Plan.
Information from the Orange County Sheriff, the
Fire Marshall, and 911 has been received
indicating that the uses permitted in an EC-5
zoning district at this location can be served.
RECOMONDATION: 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
101
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.
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RANGE COUNTY, NORTH CAROLf,
1 011 APPLICATION FOR CHANGE OF ZONING DISTRICT
Data :
TO THE BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY, NORTH CAROLINA
The undersigned do hereby make application to change the Zoning Atlas of
Orange County as hereinafter requested .
1 . The property is located on the l45t side of S . R . #
( Street/Road) between S .R . # /3S2 and
S .R . #/ It is known a ot ( s) 5 Block of
Orange C�Qunty •Tax Map 1,-- Township . It has a frontage
of IK5 feet and a depth of 36. ._faat , and contains
square feet or $ acres .
2. It is desired and requested t at the foregoing property be rezoned
from ,Qge to 6e—.J
3.• The following information has been _ attached in _ support of the
application for changing the Zoning Atlas (* — required on ell
applications) .
*a. A fuLLy dimensioned map at a scale of not Less then one (1) inch
equals one—hundred (100) feet nor more then one (1) inch equals
`. twenty' (207 feat-,shawl n"g"•-tbs land which is proposed to ba
�s rezoned.
�b. A legal description of the land proposed to be rezoned.
*c. A statement of just iflcstion addressing one or more of the
following:
(1) The alleged error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a detailed
!� explanation 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 gonerelly, which sake the proposed amendment
ressonebly necessary to the promotion of the public health,
safety and ganeral welfare.
*(3) The manner in which the proposed amendment wiLL carry out
the intent and purpose of the adopted Land—Use- PLan--or-- part
thereof.
*(4] 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, po a ts, rescue and utilities agencies]
/ assuring services provision capability to the development.
V d. A list of all individuals, firms or corporations owning property
adjoining or within five hundred (500) fast of the property
sought for rezoning is attached. The list is current as of
(Oats)
I certify that all information furnished in this application is accurete
to the b-est of my knowled e .
App Li cant (s) :
Address :
Phone :
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104 ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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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-8-95 JONES CONCRETE SERVICE ZONING ATLAS CHANGE
REQUEST FROM AR AGRICULTURAL-RESIDENTIAL TO EC-5
EXISTING COMMERCIAL
GENERAL INFORMATION
APPLICANT: Orange County Planning Department
OWNER: Jones Concrete Service
% Henry Ernest Jones
5908 NC 86 N
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Hillsborough, NC 27278
LOCATION: 5908 NC 86 North (Tax Map No. 2.33..5)
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LOT SIZE: 1.54 acres on a 1.54-acre tract
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EXISTING LAND USE: Residential/Commercial
SURROUNDING LAND USE:
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NORTH - Residential
F
WEST - Agricultural-Residential
SOUTH - Residential
EAST - Residential
COMPREHENSIVE PLAN LAND USE DESIGNATION:
R
Agricultural-Residential
4
INFORMATION MEMORANDUM 105
TO: Board of County Commissioners
Planning Board
DATE: November 27, 1995
PAGE: Two
EXISTING ZONING
AR Agricultural-Residential
PROPOSED ZONING
EC-5 Existing Commercial
a) Intent
The purpose of the EC-5 Existing Commercial District is to provide a
district to be used only during the application of zoning to previously
unzoned townships to accommodate existing commercial uses or in zoned
townships to previously zoned commercial property which is not located in
areas designated as Activity Nodes by the adopted Comprehensive Plan.
b) Application Criteria
This district will be applied to existing commercial uses in unzoned
townships and previously zoned commercial property located'in areas not
designated as Activity Nodes in the adopted Comprehensive Plan. This
designation shall only be applied to property used for existing commercial
at the time of application of this ordinance.
The following is a list of permitted uses in EC-5:
H1 Day Nursery, Daycare, Private Kindergarten
H2 Single-Family dwelling w/wo efficiency apartment
H5 Mobile Home dwelling —_
H6 Family Care Home
Accessory Uses
P4 Bus Passenger Shelter
P7 Church
P10 Governmental Protective Services (Police and Fire Stations) Rescue
Squads, Volunteer Fire Departments
P21 Schools: Dance, Art and Music
P25 Water and Sanitary Sewer Pumping Stations
S3 Animal Hospitals; Veterinarians
S6 Banks and Financial Institutions
S7 Beauty and Barber Shops
S10 Farm equipment and sales
S13 Greenhouses (no on premises sales)
106
INFORMATION MEMORANDUM
TO: Board of County Commissioners
Planning Board
DATE: November 27, 1995
PAGE: Three
S14 Greenhouses (on premises sales)
S15 Health Services: Under 10,000 sq. ft.
S21 Laundry and Dry Cleaning Services
S24 Motor Vehicle Maintenance and Repair (Body Shop)
S25 Motor Vehicle Sales Rental (new and used)
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
S33 Printing and Lithography
S39 Restaurants: Carry Out
S40 Restaurants: Drive In
S41 Restaurants: General
S42 Retail Trade, Sales, & Rental of 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.
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 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)
S44 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of
The Zoning District.—High-Volume Traffic Generation
S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond The Immediate
Space Occupied By The Building Where:
A) Operations Designed To Attract & Serve Few Customers Or Clients
On Premise Other Than Employees of the Principle Use.
B) Low Volume Traffic Generation (0-200 Trips/Day)
C) All Operations Within A Fully Enclosed Building & No Storage Or
Display of Goods Outside A Fully Enclosed Building
S46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries of
the Lot With Medium Traffic Generation (200-800 Trips/Day) No Storage
Or Display Of Goods Outside A Fully Enclosed Building
S50 Storage of Goods, Outdoor
S51 Storage and Warehousing, Inside Building
S53 Wholesale Sales
,
INFORMATION MEMORANDUM O
TO: Board of County Commissioners
Planning Board
DATE: November 27, 1995
PAGE: Four
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
108
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ZONING ATLAS AMENDMENT REQUEST
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ZONING AMS AMENDMENT REQUEST 7err
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BOOK 794 PACE 414
ATTACHMENT A.
Description of Henry Ernest Jones
Warranty Deed
BEGINNING at an iron stake (control) in the West Right of
Way line of N.C. Highway §6 in the Southeast corner of John L.
Poteat; running thence with said Highway South 7 degrees 45' East
125 feet to an iron in the West right of way line of said
Highway; thence a new line with Torain South 89 degrees 02' West
394.66 feet to an iron set in the East line of Terry Fuqua;
thence with said Terry Fuqua North 2 degrees 52' East 1I5 feet to
a an existing iron (control) in the Southwest corner of John L.
Poteat; thence with said Poteat North 87 degrees 36' East 373
feet to the point and place of beginning, containing 1.05 acres
according to plat and survey of Robert A. Jones, dated January 6,
a 1969 and entitled "Property of Henry Ernest Jones".
> BEGINNING at an iron which is located South 89 degrees 40
minutes West 264 feet from an iron in the West right of way line
of N.C. Highway 86 in the North line of Leroy Torain, running
a thence from said beginning point South 4 degrees 30 minutes West
170 feet to an iron, a new corner; thence South 89 degrees 40
minutes West 128 feet to an iron in the line of Donald Wright;
thence with Wright North 4 degrees 30 minutes East 170 feet to an
ti iron, the Southwest corner of the party of the second part;
thence North 89 degrees 40 minutes East 128 feet to the place and
point of beginning, containing 0.50 acres, according to plat of
survey of PROPERTY OF HENRY JONES, surveyed November 10, 1973, by
Robert A. Jones, Registered Surveyor.
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CERTIFICATE OF MAILING
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ZONING ATLAS AMENDMENT
6
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-8-95 requested by the Orange County Planning
Department to rezone the 1.54-acre property of Henry Ernest Jones
owner of Jones Concrete Services at 5908 NC 86 North (Tax Map No.
2.33. .5) . The notice was sent to eleven property owners who hold
title to eleven parcels lying within 500 feet of the Jones
property requested for rezoning. A list of these parcels and
their owners is attached.
i
James R. Hinkley, AICP
Zoning Officer
ATTEST:
Ray Evans
Notary
- s �
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116
Z-8-95 CEDAR GROVE TOWNSHIP
Henry Earnest Jones
i
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t AFFECTED PROPERTY OWNERS
t
Page One of Two
i
f. Tax Map Number Property Owners
2 .25. .5 Minnie V. VanHook
5919 NC 86 N
Hillsborough, NC 27278
2 .33. .2 E.H. & Eva F. Kennedy
120 E. Churton Street
Hillsborough, NC 27278
2.33. .3 Joseph M. Poteat Heirs
% Anthony M. Poteat
1565 41st Street SE
Washington, DC 20020
i
2.33. .3E Annie Farrish
Apt 18K 120-18 Casal Place
Bronx, NY 10476
2.33. .4 John & Lizzie Poteat
5912 NC 86 N
Hillsborough, NC 27278
2.33. .6 Leroy Torain Heirs
5604 NC 86 N
Hillsborough, NC 27278
2.33. .7 County of Orange
106 Margaret Lane
Hillsborough, NC 27278
2 .34. . 1 Minnie VanHook
5919 NC 86 N
Hillsborough, NC 27278
117
Z-8-95 CEDAR GROVE TOWNSHIP
Henry Earnest Jones
AFFECTED PROPERTY OWNERS
Page Two of Two
Tax May Number Property Owners
2 .34 . . 1A Ira Joe & Elsie T. Hester
5604 NC 86 N
Hillsborough, NC 27278
2.34 . .2 Thelma VanHook Wilson
2120 NW 57th Street
Miami, FL 33142
2 .34. .3A Annie E. Terrell
5823 NC 86 N
Hillsborough, NC 27278
2.34 . .3B Eulis and Azell Cameron
5815 NC 86 N
Hillsborough, NC 27278
2 .34. .3C Algin Terrell, Jr.
5823 NC 86 N
Hillsborough, NC 27278
! •'
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