HomeMy WebLinkAboutAgenda - 01-04-1994-IX-D 1
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OR AN G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Keating Data: January 4, 1994
Action Agenda
Item #_X jL-Q
SUBJECT: Z-9-93 FIRST SOUTH BANK, INC. - ZONING ATLAS AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING Yes _x—No
ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk
Extension 2582
Application
Vicinity Map TELEPHONE NUMBERS:
Memorandum Hillsborough - 732-8181
Planning Staff Findings Durham - 688-7331
Certificate of Mailing Mebane - 227-2031
11/22/93 Public Hearing Minutes Chapel Hill - 967-9251
12/20/93 Draft Planning Board Minutes
PURPOSE: To consider a proposed Zoning Atlas amendment in Efland.
BACKGROUND: The property in question is located on the south side of
Southern Drive (SR 1317) west of Mt. Willing Road (SR
1120) . The proposed area to be rezoned is six (6.0) acres
in size and is described as part of Lot 2A, Block F, of
Tax Map 40 in Cheeks Township.
In the adopted Land Use Element of the Comprehensive Plan,
the property is designated Ten Year Transition,
Commercial-Industrial Transition, and Water Supply
Watershed. The current zoning designation of the property
is Residential-1 (R-1) with overlay districts of Protected
Watershed (PW-II) and Major Transportation Corridor (MTC) .
The zoning district proposed is Industrial (I-1) with
overlay districts of PW-II and MTC.
Adjacent property to the west is zoned Industrial (I-1)
and Residential (R-1) . Property to the east is zoned
Local Commercial and Residential (R-1) . To the south is
undeveloped property zoned Residential (R-1) .
The property has access to public water but will be served
by an individual septic tank. The Health Department has
found suitable soil on the property for a septic system.
The lot has frontage on Southern Drive (SR 1317) which
leads to Mt. Willing Road. Mt. Willing Road is designated
as a collector in the Comprehensive Plan.
The Sheriff, EMS and fire protection have each responded
f
2 ,
that service is available to the property. The Sheriff
indicated that additional personnel or equipment may be
needed depending on the kind of proposed business. The
Planning Staff findings as required by Article 20 and
Article 4 of the Zoning Ordinance are included in the
attachments.
The proposed Zoning Atlas amendment was presented for
citizen comment at the public hearing on November 22,
1993 . Mr. Sim Efland spoke against the rezoning
indicating a boundary line dispute along the western
boundary of the property and septic problems with the
existing building on the lot that is zoned I-1. He also
indicated a need for sewer in this area. Mr. Troy Woodard
with First South Bank has submitted the attached letter
regarding these concerns. The proposal was referred to
the Planning Board for a recommendation to be presented to
the County Commissioners no sooner than January 4, 1994.
On December 20, 1993 the Planning Board considered the
proposed rezoning and made positive findings on the
ordinance requirements from Articles 4 and 20 (see
attachment) . In a 9 to 1 vote, the Planning Board
recommended approval of the rezoning. The one concern was
with the size of the proposed zoning lot.
RECOMMENDATION: If the Board of Commissioners approves the findings as
recommended by the Planning Board, the Administration
recommends approval of the request for a Zoning Atlas
amendment from Residential-1 to Industrial-1.
0RANGB COUN Y N6"—H CARL:NA 3
APPL.CATJ"ON FOR .,.RANGE Or ZON'NG
Date : Sept. 27, 1993
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 South side of S .R . r1317
( Southern Drive Street/Road) between S .R . # 1120
and
S .F .# 1316 It is known as Lot (s) 2A Block F of
Orange County Tax Map 40 — Cheeks Township . It has a frontage
of 320.86 feet and a depth of 660+ — feet , and contains
square feet or 6+ — acres .
2. It is desired and requested that the foregoing property be rezoned
from R-1 to I-1 ,
.3.. ThealLowing information has bean - attached . .in__, support of the
application for changing the Zoning Atlas (* — required on alt
applications) .
sa. A fully dimensioned mop at s seats of not Loss then one [1) inch
squats ono—hundred [100) feet nor more then one (1) inch equate
— twenz 12CI feet—shcw1wg• the Land •ihian is proposed to 'b*
rezoned.
'b. A Ls9a1 description of the land proposed to be rezoned.
sc. A statement of Justification addressing one or more of the
fottowing:
(1) The stlogod error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a dsteiLad
explenstion 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 gonerstty, which sake the proposed smafidmefit
reasonably necessary to the promotion of the public haaLth,
safety and gonerat welfare.
0(3) The manner in which the proposed amendment will carry out
the intent and purpose of the soopted Land Use plan or part
thereof.
*(A) Att other circumstances, factors and reasons which the
applicant offers in support of the proposse amendment
including, but not limited to, documentation from service
agoncive [e.g. fire, poLics, rescue and utititiss agencies)
assuring services provision capability to the deveLopmont.
d. A list of stL individuots, firms or corporations owning property
adjoining or within five hundred (300) feet of ,the property
sought for rezoning is attached. The list is current as of
(Data)
—�- I certify that all information furnished in this application is accurate
to the blast of spy knowledge .
App Li cant( s I : FirstSouth Bank Attention: Troy Woodard
Address : 832 S. Hain Street
Grahams NC 2725 Phone : (919) 570-6030
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SCHEDULE 1 - APPLICATION FOR CHANGE OF ZONING DISTRICT
C.3. The land is located in a Commercial-Industrial transition area.
Rezoning the property to I-1 would satisfy the orange County
comprehensive land use plan adopted on September 2, 1981 for ten
year transition of Commercial.'Industrial property.
C.4.
1. Currently parcel 3.36 A.2 is zoned I-1. The site is 80 X 160
(12,800 Sq. Ft.) & contains a 13,301 Sq. Ft. Industrial
Building. The present occupant is U.S. Dutch, Inc. The
driveway & loading dock areas are zoned R-1. The properties
in question are 3.36 A.2 & adjoining parcel 3.40.F.2A. In
order to have any realistic use, sale, or expansion of the
building, some additional land would need to be rezoned I-1.
2. Southern Drive runs along the Southern Railway right of way.
There is availability of rail if needed.
3. Southern Drive is not designated as an arterial or collector
road, however it does intersect with Mt. Willing Road which
does. mt. willing Rd. is approximately 758 feet from the
subject property.
4. Four parcels separate the subject property from Mt. Willing
Rd. They are described below:
Parcel Zonin
(1) Corner Lot 3.36. A.6 LC-1
(2) 3.36. A.5 R -1
(3) 3.36. A.4 NC-4
(4) 3.36. A.3 Local Commercial
5. Across the street from the subject property adjacent to the
railway is an agricutural distribution center.
6. on the other side of the railroad is Sr#1332. Forrest Drive,
which contains several Industrial properties. Behind Forrest
Drive is Hwy 70 which also contains Industry.
7. The Efland Volunteer Fire Department is located around the
corner on Mt. Willing Rd.
8. The subject property is served by public water & present
employment at the present Industrial Property does not require
public sewer.
In conclusion that Southern Drive has been Historically Industrial.
Our request is to legitinatly reflect Industrial use by rezoning. Some
level of expansion should not significantly impact thetraffic' oh-i3outhern
Drive. I hope that this information has been helpful in describing
the Southern Drive area. Thank you for your consideration of this
rezoning request.
Sincerely,
Troy W. Woodard, Jr.
6
FIR S T OUTH
B A N K
December 9, 1993
Mr. Eddie Kirk
Planning & Inspection
Orange County
306 F Reverve Rd.
Hillsborough, NC 27278
Dear Eddie,
In followup to the November 22, 1993 Public Hearing Meeting
I would like to update you concerning several issues that Mr. Sim
Efland brought up. Mr. Efland had mentioned a boundry disagreement
and I have enclosed a plat for the building that USA Dutch now occupies.
The plat shows that the building runs close to Mr. Efland' s property
but does not encroach. This plat was prepared by Simmons Engineering
& Surveying and carries a registered seal for Mr. Simmons whom is
a registered Land Surveyor & Professional Engineer.
The second issue Mr. Efland brought up was concerning that
a portion of the septic tank is located on the USA Dutch property
& one section does encroach Mr. Efland's property about 15 & 20
feet. Mr. Efland has indicated his williness to give FirstSouth
& USA Dutch an easement or sell that small section to us. However
from discussions with David Becht & Ron Holdway with the Health
Department, we have concluded it is in the best interest of all
parties to install a new system. The new system would allow future
expansion opportunities to USA Dutch that presently do not exist
with the existing system. The owners of USA Dutch have requested
to purchase additional property for these reasons.
Eddie, I hope that the above clarifies any questions that the
planning board & commission may have. As I pointed out at the November
22nd meeting the property that FirstSouth has requested to rezone
does not include the building site which is already zoned I-1 .
Several days after the public hearing meeting I contacted Mr.
Sim Efland regarding why he apparently was opposed to FirstSouth
rezoning request. Mr. Efland indicated that he was not opposed
to the rezoning of the property & main intention of attending the
meeting was to emphasize the importance of the County of extending
sewer to Efland thru phase two.
Eddie, Thanks for your help & assistance and if you have further
questions or need additional information, please give me a call.
Sincey,
Tro V. Woodard, Jr.
Enclosure
■ 919-570-6003
832 South Main Street
Graham, North Carolina 27253
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Property being located in Cheeks township, Orange County,
North Carolina.
Beginning at a point located S 88-15-00 E 80.00' from
Simpson L. Eflands Northeast corner; thence from said
Beginning point running along the Right of Way of Southrn
Drive S 88-15-00 E 320 . 00 ' to a point in said Right of
Way;thence S 05-00-00 E 650.00' to a point; thence
S 88-41-31 W 444 . 89 ' to a point in said Simpson L. Efland
line; thence with Simpson L. Efland east line N 01-00-00 W
510. 00 ' to a point in Simpson L. Efland line; thence; S 88-
15-00 E 80 .00 ' to a point; thence N 01-00-00 W 160 . 00 ' to the
point of Beginning. Containing 6 . 00 acres more or less .
9
ORANGE COUNTY EMERGENCY MANAGEMENT
P.O. BOX 8181
HILLSBOROUGH _
NORTH CAROLINA
- 27278
9-1-1 Communications
24 Hour Warning Point Emergency Medical Services
732-8161 • 933-2600 Fire Marshal
Hazardous Materials
Fax Machine
967-9026 6443030 • %8-2050
October 7, 1993
Mr. Troy W. Woodard, Jr.
Vice President
FIRSTSOUTH BANK
832 .South Main Street
Graham, North Carolina 27253 =
RE: Fire Cove=age'.11or Southern Drive'
Dear Mr. Woodard
The Efland Volunteer .Fire Department .p=ov idea' fire coverage
for the above referenced six (6) acre..-tract .:of`'land located in
Efland, NC, between'' Htate Roads: :1319 (Turner' Street) and 1317
(Southern Drive) . "The Tfland Fire'Department=is"located on Highway
70 East, in Efland,,:NC. Raymond Wilson-is the :Chief.
Please contact"-us for: additional information:
Sincerely,
Lek" r�-
�" x_,Tltok.:Wa'ters t;c
M :y Director M
Located at 1914 New Hope Church Road • Chapel Hill, North Carolina 27516
ORANGE COUNTY EMERGENCY MANAGEMENT 10
P.O. BOX 8181 ,
HILLSBOROUGH _
NORTH CAROLINA
27278
9-1-1 Communications
24 Hour Warning Point Emergency Medical Services
732-8161 • 933-2600 Fire Marshal
Hazardous Materials
Fax Machine
967-9026 6443030 • 968-2050
October 7, 1993
Mr. Troy W. Woodard, Jr.
Vice President
FIRSTSOUTH BANK
832 - South Main Street-
Graham,• North Carolina 27253
RE: EMS Coverage for 'Southern Drive
Dear Mr. Woodard,
The Orange. County 'Emergency Management,'"Emergency Medical
Services Division.;provides EMS coverage for the above referenced
six (6) acre tract_-of .land located in .Efland, .NC, - between State
Roads 1319 (Turner )
Street - and -1317 -(Southern Drive) . Orange
;_.
County Emergency-Management is located 'at 1914 New Hope Church
Road, Chapel Hill; -NC:
Please contact-us for -additional information-
- Sincerely, - -
= ;Nick Waters
Director
Located at 1914 New Hope Church Road • Chapel Hill, North Carolina 27516
LINDY PENDERGRMS 11
a County 1� East Margaret Lane
Sheriff of Oran
g ty Hillsborough, North Carolina, 27278
October 6, 1993
Eddie Kirk
Orange County Planning
Revere Road Hillsborough,
North Carolina 27278
Re: Rezoning Map 36 (2a)
6 acres from A-1 to I-1
Southern Drive, Efland
Mr. Kirk,
A patrol unit is ass gned--to this area and routine
patrol is conducted dash.-- . existing. personnel.
-
However in g` ,_-
at k n f
vi. ithaut"kno� h usiness might be located 'on' 't is Z"rQperty, an- increa e�g1n calls for
service or manhouri3%might--require -'dditional personnel or
equipment to be needed
.�:
Since ely, 4-
m
ri
hers Lindy Pen rg ss `
cc: Troy W. Woodard Jr.
First South Bank
832 South Main Street
Graham, North Carolina 27253
Orange — Alamance Water System, Inc. 12
POST OcFICE BOX 187
MEBANE. NORTH CAROLINA 27302
TELEPHONE. (919) 563-6212
November 10, 1993
First South Rank
832 S Main Street
Graham, North Carolina 27253
Attention: Mr. Troy Woodard
Dear Mr. Woodard :
Reference is made to your telephone conversation of November 9th
regarding water lines located on Southern Drive on the lot next
to the building occupied by USA Dutch, Inc. Please be advised
that Orange—Alamance has .a 2 1/2" water line located on the same
side of the road as this lot.
If we can be of further assistance, please let us know.
Sincerely,
OR E—ALAM E WATER SYSTE INC.
s. ) Sandra Fa Metc f
ORANGE COUNTY HEALTH DEPARTMENT
13
WERENOE NUMMA DATE m MAP AFFERENCE
-i,:�C'Z09:3 2'77-7 FVP.-LU.",
=OUESMSY. OWNER.
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PLIRIL71•.,GTON NC 7 '16
ELEP$40NE:
n-cw"TIONS LOT SIZE I ACREAGE: DESIGNATED WETLAND? YES
FOR REZONING TO COMMERICAL 6. NO
3CATION I DIRECTIONS:
!iiOUTHERN DRIVE
RECEIPT: E 1W ORA ENT:
063407
T 7;
ONFwmw BY PLmoaft PLIINDIER DATE CLERK
TEXTLIPLZ-
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DATE 70- ENV HEALTH SPEC
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226 P. 556 -
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REZONING
DEED PLOT
FOR
I FIRST SOUTH BANK INC.
FIRST SOUTH l
ICHEEKS TOVOISHIP ORANGE COUNTY NORTH CAROUNa
DATE 09/17/93 SCALE 1-- 60
SIMMONS ENGINEERING h SURVEYING. INC. .oa a,aexste z..1C•sr .c
N.C.
115 CLENDALE AVENUE BURLINGTON. a-c ar w:a,
'
MIST SOS g � t
S., � { ��, INC. f 4.37 A ! s
Rezoning �`1 8.42 AC. 4891 set A
R-2 to I-1 1 rar.sa
U. S. ROUTE 70 k ' t t.2sa 5
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LEGEND
ORANGE COUNTY PLANNING DEPARTMENT ss
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
u
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: NOVEMBER 2, 1993
SUBJECT: 2-9-93 FIRST SOUTH BANK, INC.
GEM-AT, MURMA
APPLICANT: Troy Woodard
First South Bank
832 S. Main Street
Graham, NC 27253
LOCATION: South side of Southern Drive (SR 1317) west of Mt. Willing Road.
LOT SIZE: 6.00 acres
EXISTING LAND USE: Undeveloped
SURROUNDING LAND USE:
NORTH - Southern Drive and Railroad
EAST - Mobile Homes and an undeveloped lot zoned NC-2
SOUTH - Pasture land zoned R-1
WEST - Developed lot zoned I-1 and undeveloped land zoned R-1
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Ten Year Transition, Commercial-Industrial Transition, Water Supply Watershed
ZONING: The property is currently zoned Residential-1.
17
MEMORANDUM
November 2, 1993
Page 2
The intent of the Light Industrial-1 (I-1) District is provided in Article 4.2,21 of the Zoning
Ordinance.
tent
The intent of the Light Industrial-I (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 or equipment. Performance standards will be used to
insure the absence of adverse impacts beyond the immediate space occupied by the building.
Application Criteria
This 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 streets designated either 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 I-1:
Accessory Uses
Ml Manufacturing & Processing Operations Where No Adverse Impacts Occur Beyond
the Immediate Space Occupied by the Building
P2 Botanical Gardens & Arboretums
P4 Bus Passenger Shelter
PS Bus Terminals & Garages
P7 Church
P10 Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer
Fire Departments
P14 Public & Non-Profit Parks
P24 Governmental Facilities & Office Buildings
P25 Water and Sanitary Sewer Pumping Stations
S18 Commercial Feeder Operation
S23 Motor Freight Terminals
S25 Motor Vehicle Sales Rental (New & 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
MEMORANDUM 18
November 2, 1993
Page 3
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 & Lithography
S35 Recreational Facilities (Profit/Non-Profit): Golf Club & Golf Club Countryclub
S36 Recreational Facilities (Profit)
S38 Research Facility
S50 Storage of Goods, Outdoor
S51 Storage of Warehousing: Inside Building
S51a Studio (Art)
S53 Wholesale 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:
P1 Airport, General Aviation, Heliports, S.T.O.L.
P9 Extraction of Earth Products
P11 Land Fills (2 acres or more)
P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges,
Water and Sewage Treatment Plants
S19 Junkyards
The following uses are allowed with a Class B Special Use Permit:
P12 Land Fills (Less than 2 acres)
P17 Radio & Television Transmitting &. Receiving Towers & Elevated Water Storage
Tanks
P22 Transmission Lines
S34 Recreational Facilities (Non-Profit)
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22
ORANGE COUNTY PLANNING DEPARTMENT
Memorandum
To: E ie irk, Planner II, Current
From: Carter, Planner II, Transportation
Subject: Traffic info for 2 rezonings
Date: October 5, 1993
Per your request, I have done some preliminary trip generation work
for the two parcels you discussed with me this morning. These
numbers are solely based on acreage and potential - zoning
classification, but can be used as general guides to potential trip
generation for each site.
Parcel 1 - 49 acres zoned to R-4 (4 units perr, acrel
I did two scenarios for this parcel since the developer many not
develop out to full 4 units/acre potential (given topo problems) .
1) 49 acres at 4 units/acre - 196 units total
average SFR - 10 trips/day
196 x 10 - 1960 trips/day
2) 49 acres at 3 units/acre - 147 units total
147 x 10 - 1470 trips/day
Once this property comes in for subdivision, it will be required to
do a Traffic Impact Study.
Parcel 2 - 6 acres zoned to I-1
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6 acres
typical light industrial generation 51.803 trips/acre
6 x 51.803 - 310.8 trips per aer6
If you have any questions, please let me know.
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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CERTI!"ICATE OF MAILING
ZONING ATLAS AMENDMENT8
ORANGE COUNTY, NORTH CAROLINA
I, Eddie Kirk, Zoning Officer, Orange County, North Carolina, DO
HEREBY CERTIFY that on or about November 5, 1993, I mailed, by
certified mail, postage prepaid, a Notice of the Public Hearing
to be held on the First South Bank Inc. recruest for rezoning of
A 6.0 acre parcel in Cheeks Township from Residential-liPW-IIIMTC
to Industrial-l/PW-II!TCC, 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 t day of November. 1993.
L!4 14
EDDIE KIRK
ZONING OFFICER
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NOVEMBER 22,1993 PUBLIC HEARING MINUTES
3
I
1 access to public water and sewer from the Town ;;f Hillsborough . The
Z existing development of Cornwallis Hills ;i served by public water and
3 sewer . The property will have access to Oakdale Drive and Old Chapel
4 Hill,-Hillsborough Road through Cornwallis Hills . 1 akdale Drive is
j 5 considered a collector and had an average daily traffic count of 1 ,700
'I 6 in 2991 . Old Chapel Hill-Hillsborough Road is considered an erteT:el
7 and had a 1991 traffic count of 11 ,000 trips per day . Under R-4
8 zoning , discounting 12% for roads and recreation area , the maximum
9 numt•er of residential units allowed would be approx,imatel! 149 ,
10 resulting in 1 ,490 trips per day. The Sheriff , EMS , fire protection ,
11 water and sewer service providers have each responded that service is
12 available to the property in question .i The Sheriff indicated
13 additional personnel would be needed to provide proper service to the
14 area .
15
16 THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM THE BOARD OF
17 COMMISSIONERS AND PLANNING BOARD
18
19 MARVIN COLLINS commented that - anything in the transition area
20 could be .developed at between one and 13 units per acre . The rural
21 character strategies could be used but would not be required.
22
23 EDDIE KIRK stated that Oakdale Drivels considered a collector
24 road in the Comprehensive Plan. Old Chapel Hill-yillsborough Road is
25 considered an arterial road. There are presently two streets that
26 dead end into this property that are in Cornwallis H,ilis . Traffic
27 from both of those streets would have to use the Cornwallis
28 Subdivision to get to an arterial or collector street .
29
30 THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM CITIZENS .
31
%^2
D MELVIN RASHKIS , General Partner , Old 86 Limited Partnership ,
33 indicated that this project has been under development for the last
34 10/12 years. When the original approval was given certain conditions
35 were tied to the approval of the plat . Only one-half of the property
36 was included in the original plat . He indicated that R-4 is being
37 requested, rather than R-3, because the topography is different and
38 flexibility will be needed in order to work around that topography .
39 The density will not be increased as a result of the R-4 designation.
40
41. 0 1 Zoninc Atlas Amendments !
4Z ( d ) Z-9-93 .First South Bank , Inc :
43 This item was presented by Eddie Kirk for the purpose of
44 receiving citizen comment on a proposed Zoning atlas amendment in
45 E``land . The property in question is located on the south side of
46 Southern Drive CSR 1317 ) west of Mt. willing Road ( SR 1120 ). T he
47 proposed area to be rezoned is six ( 6 .0 ) acres in size and is
48 described as part of Lo:. 2A , Block F , ; of Tax reap 40 in Cheeks
49 Townshi: . In the adopted Land Use Elementiof the Comprehensive Plan ,
50 the property is . designated Ten Year Transition , Commercial-Industrial
51 Transition , and Water Supply - Watershed . The current zoning
52 designation of the property is Res lential-1 (R-1 ) with overlay
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• 25
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1 districts of Protected Watershed (PW-II ) and Major Transportation
2 Corridor (MTC ). The zoning district proposed is Industrial ( 1-1 ) with
3 overlay districts of PW-II and MTC. Adjacent property to the west is
4 zoned Industrial ( I-i ) and Residential ( R-1) . Property to the east is
5 zoned Local commercial and Residential (R-1 ) . To the south is
6 undeveloped property zoned Residential
7 (R-1 ). The property has access to public water but will be served by
8 an individual septic :lank . The Health Department has found suitable
9 soil on the property for a septic system .i The lot has frontage on
10 Southern Drive ( SR 1317 ) which leads to Mt .jWilling Road . Mt . Willing
11 Road is designated as a collector in thel comprehensive Plan. The
12 Sheriff , EMS and Fire protection have each responded that service is
13 available to the property . The Sheriff indicated that additional
14 personnel or equipment may be needed depending on the kind of proposed
15 business . The Planning Staff findings as required by Article 20 and
16 Article 4 of the Zoning Ordinance are included in the permanent agenda
17 file in the Clerk's office.
18
19 THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM THE BOARD OF
20 COMMISSIONERS .AND .PLANNING BOARD
21
22 None ..
23
24 THE PUBLIC HEARING WAS OPEN FOR COMMENTS/QUESTIONS FROM CITIZENS
25
26 MR. SIM EFLAND , owns land adjacent to this property, and spoke in
27 opposition to this request for the following reasons:
28 ( 1 ) There. is an unresolved property line dispute .
29 (2) The sewage line for the structure 's septic tank is on his
30 property.
31 ( 3) - Orange County Government has not yet approved Phase II of
32 the Efland: Community sewage project .
33
34 Mr . Efland indicated that at one timelhe owned all of this land.
35 When the line serving the septic system became clogged , he ran the new
36 line onto property adjacent to the First South Bank , Inc . , property.
37
38 PLANNING BOARD CHAIR CAROL CANTRELL indicated that the Planning
39 Board will be considering this item on December 20th. She suggested
40 that Mr . Efland .attend this meeting.
41
42 MR . TROY WOODARD, of First South Bank, Inc . , indicated that this
43 is an 18 acre tract of land, six acres of which are being considered
44 for rezoning . The building located on this property is currently
45 rezoned I-1 and the request is to have the !
six ( 6 ) acres adjacent to
46 this building rezoned to the I-1 desicnation. The remainder of the
47 property would remain R-1 . The issue here is that the driveway
48 leading to the loading dock is zoned R-1 . ; This does not give proper
49 access to the building 's loading dock . ! USA Dutch President Rita
50 Keiser and Vice-President Bob Giggey currently occupy the building .
. 51 Woodard indicated that First South Bank , Inc . would be happy to work
52 with Mr . Efland in resolving his concerns . However ,' the six ( 6 ) acres
26 1
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1 in question for this rezoning req;aest are inot a part of the areas he
2 mentioned as needing to have issues resolved. He also indi--ated that
3 twelve '( 12 ) acres are in the water quality critical area . The
4 rezoning request is for the remaining six ( 6 ) acres only. USA Dutch
5 Produces switching pear equipment . for Northern Telecom and Data
6 General . It is a non toxic industry which produces no liquid waste .
7 i
8 PLANNING BOARD DIRECTOR MARVIN COLLINS stated that if this
9 property were rezoned the approval -of* the septic system would be
10 determined by the Health Department, based on the number of employees ,
11 and amount of daily waste water flow . There is no way to know in
12 advance if a system would be approved. He estimated that if there is
13 36" of red soil there would probably be no' problem. The issue would
14 be one of balancing the space needed for the septic field vs. the size
15 of the establishment. He commented that' the existing line on Mr .
16 Efland's property could possibly be relocated to the First South
17 property. He will research that issue . He also commented that the
1s current system is adequate for an establishment using water for
19 bathrooms and sinks only. If another ibusiness located in this
20 facility which. required specialized processing of wastewater it could
21 require pre-treatment and/or collection of the effluent from the
22 manufacturing process and shipment to a public sewer system . This
23 would be controlled by the approval or rejection of the improvement
24 permits from the Health Department . The property could be rezoned now
25 but an improvement permit would still need to be obtained.
26
27 TOM MOODARD indicated that USA Dutch would like to purchase the
28 land that the building is located upon as well as one other acre . The
29 lending agent is requiring consistent zoning in order to approve the
30 loan. I
31
32 MR. BOB GIGGEY, Vice-president of USA Dutch , indicated that this
33 business was originally located in the Hillsborough Business Center
34 until they outgrew the facility. They intend to expand their staff by
35 an additional 10 employees within the nextjtwo years . He asked that
36 the Board of Commissioners consider this rezoning request .
37
38 1 . Zoning Atlas Amendments
39 ( e ) Z-19-93 Paliouras Enterprises Inc! ,
40 This item was presented by Jim Hinkley for the purpose of
41 receiving citizen comment on a proposed Zoning Atlas Amendment in
42 Hillsborough Township. The proposed zoning lot is situated on the
43 southeast quadrant of the interchange of I-85 and NC 86 . The tract
44 fronts on the rights-of-way of NC 66 for 886 .1 feet and I-85, except
4S for a narrow 3 .34 acre strip owned by the Dental Foundation of North
46 Carolina . The proposed area to be rezonedi contains 1 ,653 ,973 square
47 feet or 37 .97 acres . The lot to be rezoned is situated entirely on
48 the property owned by Paliouras Enterprises , Inc . The current zoning
49 is CC-3 (MTC) Community Commercial ( Major Transportation Corridor ) and
50 R-1 (MTC ) Rural Residential (Major Transportation Corridor ) . Proposed
51 zoning for the property is GC-4 (MTC) General Commercial ( Major
52 Transportation Corridor ) . Surrounding properties lie in the zoning
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