HomeMy WebLinkAboutAgenda - 01-18-1994-IX-D ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 18, 1994
Action Agenda
Item # M)(-0
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
1/6/94 Memorandum to Commissioners
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.
2
The Sheriff, EMS and fire protection have each responded
-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.
The Board of Commissioners considered the proposed
rezoning on January 4, 1994. No decision was made at that
time. Questions were raised concerning why a rezoning was
requested for six acres, when only about one acre was
needed to accommodate known development plans. USA Dutch,
an existing facility which on a portion of the property,
needs an additional acre of industrial zoning to replace
an existing septic system (located partially on adjoining
property) and possibly provide for future expansion.
Following the 1/4/94 Commissioners meeting, Commissioner
Gordon asked several specific questions related to this
issue, which are addressed in the attached Memorandum
dated January 6, 1994 .
RECOMMENDATION: If the Board of Commissioners approves the findings as
recommended by the Planning Board, the Administration
recommends the rezoning of approximately 1.2 acres of the
six acres requested from Residential-1 to Industrial-1.
The location of the area recommended for rezoning is as
discussed in the 1/6/94 Memorandum to the Board of
Commissioners and map (attached) .
3
MEMORANDUM
TO: Board of Commissioners
FROM: Mary Willis, Planner III
DATE: January 6, 1994
SUBJECT: First South Bank Zoning Atlas Amendment
COPIES: John Link, County Manager
Geoffrey Gledhill, County Attorney
Marvin Collins, Planning Director
The purpose of this memorandum is to provide additional information
as requested by Commissioner Gordon concerning the proposed
rezoning for First South Bank.
1. Amount of land zoned I-1 that USA Dutch needs for its septic
field. (November 22 minutes mention that USA Dutch wishes to
purchase one additional acre. )
The current I-1 zoning lot measures 80' along Southern Drive,.
and is 160' deep. ( .29 ac) The zoning lot includes about 1/27
of the existing building, about 1/3 of the existing driveway
and parking area, the septic tank, and a portion of the
drainfield. The remainder of the drainfield is located partly
on adjacent residentially-zoned property owned by Sim Efland,
and partly on the portion of subject parcel zoned R-1.
The area being considered for purchase by USA Dutch measures
120' along Southern Drive, and is almost 400' deep. This
parcel is bounded by a fence on the east and south, and
includes the building, driveway, parking area and all of the
existing drainfield except for the portion that extends onto
the Efland property.
USA Dutch had indicated to Environmental Health that it would
like to expand onto the rear of the building in the future.
In order to receive approval from Environmental Health,
easement rights would have to be obtained for the off-site
portion of the septic system, or a new on-site system would
have to be installed. Mr. Efland has refused to grant a
septic easement. USA Dutch plans to install a new system on
the property.
No specific information regarding future expansion been
received. Environmental Health was told that the expansion
would result in the addition of no more than 5 employees, for
a total of 20 employees. According to Environmental. Health,
about 1/2 acre of land would be necessary to accommodate a
drainfield and repair area for 20 employees.
4
On January 6, USA Dutch indicated in a telephone conversation
with Planning Staff that they need to pursue at this time
G rezoning of only enough additional area to accommodate a new
septic system. The proposed building expansion is not likely
to occur for at least 2 years, and further expansion of the
zoning lot could be pursued by USA Dutch at that time.
f
E2. Information on how Sim Efland's concerns about sewage disposal
might be addressed.
If additional I-1 acreage is obtained by USA Dutch, the
existing drainfield, which is on Mr. Efland's property, would
be abandoned. A new system would be installed on the same
parcel as the industrial building. This would resolve the
sewage disposal problem.
3. Implications of watershed regulations for the property
(a) to accommodate existing building plus the driveway on
land zoned R-1
About 2/3 acre of additional industrial zoning is needed
to accommodate all of the existing building and driveway.
and another 1/2 acre of industrial zoning is needed to,
i replace the existing septic system. The specifics
location of the portion of the proposed rezoning which
would accommodate the current needs of USA Dutch (about
1.2 acres) is shown on the attached map.
Article 11. 12 of the Zoning Ordinance reads as follows:
"Non-conforming characteristics of use, which may
include by way of illustration, but not limitation,
inadequate parking and loading facilities;
inappropriate landscaping; emissions; etc. , may
continue to operate, but shall not be expanded,
altered, changed or relocated in such a manner as
to increase the degree of non-conformity. "
I
The existing impervious surface coverage, which exceeds
the limits which would be required for new development,
is considered a non-conforming characteristic of use.
Modification of the lot lines and zoning district
boundaries to accommodate the existing development would
not be subject to the recently-adopted impervious surface
limits. The recommended expansion of the zoning lot to
accomodate the building and septic system would not
increase the degree of non-conformity.
(b) for any currently planned expansion.
Future expansion of the existing facility would be
subject to one of the following:
• 5
11 a 12% impervious surface limit for the addition; or
2) a 70% impervious surface limit for the addition and
construction of a detention pond.
Specific implications with regard to the acreage needed
to meet one of the requirements above cannot be
determined until a site plan is submitted showing the
specific location and square footage of the expansion.
The existing building was constructed prior to the
adoption of watershed and zoning standards for Cheeks
Township, therefore impervious surface and/or detention
pond requirements do not apply if there is no expansion
or other change which results in an increase in the non-
conformity.
4. Reasoning behind the finding that the property has "direct
access" to a collector (Mt. Willing Road) when in fact it
fronts on Southern Drive.
The application criteria for the 1-1 zoning district, as
provided in Article 4.2.21 includes the following:
Zoning Ordinance states that "the district will usually be,
applied where the following conditions exist: 3. Access
would consist of direct vehicular access to street designated
either arterial or collector by the Adopted Comprehensive
Plan. Access to rail service is desirable but not required.
The Zoning Ordinance states that the I-1 district will
"usually" be applied where there is direct access to an
arterial or collector. Such access is not mandatory, however.
In reviewing the specific land development patterns in he
vicinity, it was the opinion of staff that adherence to that
particular guideline was not warranted.
Southern Drive is contained within a 60, right-of-way and runs
parallel to the Southern Railroad on the south side of the
railroad right-of-way. Southern Drive is the public access
into the portion of the Transition Area between the railroad
and Interstate 85. Because of the relatively small area
involved, and configuration of existing roadways and
railroads, the Planning Staff is of the opinion that a
functional classification of arterial or collector is neither
necessary nor reasonable for access into this area.
S. Map which labels the zoning status of adjacent land.
Attached.
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LEGEND
E-
ORANGE COUNTY , NORTH CAROLINA
APPLICATION FOR CHANGE OF ZONING DISTRICT
8
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 . 1317
( Southern Drive Street/Road) b e t w e e n S .R . # 1120
and
S .R . # 1316 It is known as Lot ( s) 2A
, B lock F o f
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 .- The following information has been _ attached - In support of the
application for Changing the Zoning Atlas (* - required on all
applications) .
*a. A fully dimensioned map at s scale of not less then one (1) inch
equals one—hundred (100) feet nor more then one (1) inch •quela
twenty 1201 feet—showir-g---tAe land -which is proposed to 'be
rezoned.
*b. A legal description of the land proposed to be rezoned.
*c. A statement of Justification addressing one or more of the
following:
(1) The allaged 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 generally, which make the proposed amendment
reasonably necessary to the promotion of the public health,
safety and general 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
agenetws (e.g. fire, police, rescue and utilities agencies)
assuring services provision capability to the developsont.
d. A list of all individuals, firms or corporations owning property
adjoining or within five hundred t5003 feat of the property
sought for rezoning is attached. The list is current as of
(Data)
I certify that alt information furnished in this application is accurate
to the b-est of my knowledge .
App Li cant (s) : FirstSouth Bank Attention: Troy Woodard
Address : 832 S. Main Street
Graham. NC 27253
Phone :- (919) 570-6030
SCHEDULE 1 APPLICATION FOR CHANGE OF ZONING DISTRICT 9
C.3. The land is located in a Commercial-Industrial transition area.
Rezoning the property to I-I 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 Zoning
(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 Srt1332. 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 le#timtly reflect Industrial use by rezoning. Some
level of expansion should not significantly impact the traffic' oh`'to'dthern
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.
10
FiRSTSOUTH
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
• registered Land Surveyor & Professional Engineer.
The second issue Mr. Efland brought up was concerning that
• 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 Hecht & 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.
Sinc%e� y,
?o
Tro . Woodard, Jr.
Enclosure
■ 919-570-6003
832 South Main Street
Graham, North Carolina 27253
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
MEMORANDUM
TO: ORANGE COUN1Y PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: NOVEMBER 2, 1993
SUBJECT: Z-9-93 FIRST SOUTH BANK, INC.
GENERAL R&ORMATION
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.
MEMORANDUM
November 2, 1993 12
Page 2 _
The intent of the Light Industrial-1 (I-1) District is provided in Article 4.2.21 of the Zoning
Ordinance.
intent
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
M1 Manufacturing & Processing Operations Where No Adverse Impacts Occur Beyond
the Immediate Space Occupied by the Building
P2 Botanical Gardens & Arboretums
P4 Bus Passenger Shelter
P5 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
November 2, 1993 13
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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ORANGE COUNTY PLANNING DEPARTMENT 17
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
4 �
It ]„
CERTIFICATE OF RAILING
ZONING ATLAS AMENnMEbrra
! 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 a�nk. Inc. request for rezoning, of
a 6. 0-acre parcel in Cheeks Township from Residential-1/PW-II/MTC
to Industrial-1/PW-IJ/MTC, 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 = day of November. 1993.
EDDIE KIRK
ZONING OFFICER
r.
I
18
NOVEMBER 22,1993 PUBLIC HEARING MINUTES
1 access to public water and sewer from the Town of Hillsborough . The
2 existing development of Cornwallis Hills is 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 . Oakdale Drive is
5 considered a collector and had an average daily traffic count of 1 ,700
6 in :991 . Old Chanel Hill-Hillsborough Road is considered an arterial
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 number of residential units allowed would be approximate-I'/ 149 ,
10 resulting in 1 ,490 trips per day . The Sher iff , EMS , fire protection ,
11 water and sewer service providers have each responded that service :s
12 available to the property in question .• The Sheriff indicated
13 additional personnel would be needed to provide proper service to the
14 area .
is !
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 noL be required.
22
23 EDDIE KIRK stated that Oakdale Drivelis considered a collector
24 road in the -Comprehensive Plan . Old Chapel Hill-Hillsborough Road is
25 considered an arterial road. There are presently two streets that
26 dead end into this property that are in Cornwallis Hills . 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 i
I
32 MEL:VIN 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 recuested, rather than R-3 , because the topography is different and
38 flex;bility 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
3
41. 10 1 Zoninc Atlas Amendments
42 ( d ) Z-9-93 'f i r s t
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 Efland . The property in question is located on the south side of
46 Southern Drive ( SR 1317 ) west oT Mt. Willing Road ( SR 1_20 ) . The
47 proposed area to be rezoned is six ( 6 .0 ) acres in size and is
48 described as part of Lot 2A , Block F . ; of Tax Map 40 in Cheeks
49 Township . 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 Residential-1 (R-1 ) with overlay
r
19
i
1 districts of Protected Watershed (PW-II ) and Major Transportation
2 Corridor (MTC ). The zoning district proposed is Industrial ( I-1 ) with
3 overlay districts of PW-II and MTC . Adjacent property to the west is
4 zoned Industrial ( I-1 ) and Residential ( R-1') . Property to the east is
5 zoned Local commercial and Residential (R-1 ) . To the south is
6 undevelopsd property zoned Residential
7 (R-1 ) . The property has access to public water but will be served by
8 an individual septic tank. The Health Department has found suitable
9 soil on the property for a septic system .; The lot has frontage on
10 Southern Drive ( SR 1317 ) which leads to Mt .iWilling Road . Mt . Willing
11 Road is designated as a collector in thei Comprehensive Plan. The
12 Sheriff, EMS and Fire protection have each IIIresponded 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 Banks 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 designation . 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 . iUSA Dutch President Rita
so 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
20
}
1 in question for this rezoning request are !not a part of the areas he
2 mentioned as needing to have issues resolved. He also indicated 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 gear equipment for Northern Telecom and Data
6 General . It is a non toxic industry which produces no liquid waste .
7 M
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
18 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 UOODARD 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 .
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 next, two 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`t
40 This item was presented by Jim Hin, ley 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 86 for 886 .1 feet and I-85, except
45 for a narrow 3 .34 acre strip owned by the Dental Foundation of North
46 Carolina. The proposed area to be rezoned ! 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
�i
I
121a�1�3
W hvic,S 21
a reasonable request and it had been indicated
that it could not be granted because it would
be breaking the rules. However, it seemed as if
the Board was being asked to make an exception
in this case. She was concerned with the
apparent unfair treatment. Waiters responded
that there was one difference between this
request and Mr. Compton's request. The applicant
in this case had paid the required fees and
requested rezoning. She continued that this was
twice that Mr. Compton had refused to pay the
appropriate fees and request a rezoning. Willis
responded that no action could be taken on the
request, mace by Mr. Compton at this time. It is
an item that would have to be presented at public
hearing before a decision could be made.
Waddell suggested that, despite the finding that
the roads are not arterial or collectors, that an
exception be made in this case because the
general intent is positive. He felt the Board
should go with the general intent which is right
and just. Cantrell asked if the ordinance
requires that vehicular access be found. Kirk
stated that the wording in the ordinance is that
"the district will usually be applied where the
following conditions exist' . Waddell noted
that he felt a replacement motion was in order.
MOTION: Waddell moved that, despite the Planning Board's
earlier finding that the property is not
connected to arterials and collectors, that this
rezoning request be approved. Seconded by
Jobsis.
Waddell stated he had concerns, but, that
this proposed development is consistent with
development in that particular area.
Eidenier noted that she would be voting in the
negative due to her concern with the issue of
safety. She continued that she hoped the concern
would be heard and could help to obtain a
reduction in the speed limit.
VOTE: 9 in favor.
1 opposed (Eidenier - for reasons already
stated) .
(2 ) Z-9-93 First South Bank, Inc.
Presentation by Eddie Kirk.
22
This item is to consider a proposed Zoning Atlas
amendment in Efland.
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 part of Lot 2A, Block F, of Tax Map 40
in Cheeks Township.
In the Land Use Element of the Comprehensive
Plant the property is designated Ten Year
Transition, Commercial-Industrial Transition, and
Water Supply Watershed. The current zoning
designation is Residential-1 (R-1) with overlay
districts of Protected Watershed (PW-II) and
Major Transportation Corridor (MTC) . The zoning
district proposed is Industrial (1-1) 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 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 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 submitted a letter addressing
these concerns. The letter is an attachment to
these minutes on page . The proposal was
referred to the Planning Board for a
-7) 7 D
U U 23
recommendation so sooner than January 4 , 1994 .
The Planning Staff recommends approval of the
request for a Zoning Atlas amendment from
Residential-1 to Industrial-1 based on the
findings required by Articles 20 and 4 of the
Zoning Ordinance. These findings are an
attachment to these minutes on pages
Cantrell asked why the request was to rezone the
entire 6 acres. Willis responded that the
watershed regulations would affect any expansion
or further use of the property by requiring more
land area to construct detention ponds or meet an
impervious surface ration of 12%.
MOTION: Jobsis moved approval of the Planning Staff 's
recommendation based on the findings in the
affirmative. Seconded by Waddell.
VOTE: 9 in favor.
1 opposed (Cantrell - would prefer that the
entire 6 acres not be rezoned) .
(3) Z-10-93 Paliouras Enterprises, Inc.
Willis stated that this item is being withdrawn
pending further information regarding possible
annexation by the Town of Hillsborough.
b. Zoning Ordinance Text Amendments
( 1) Watershed Protection Standards and Zoning of
Little River and Cedar Grove Townships
(Revisions)
Zoning Atlas (Map) Amendments
Zoning Ordinance Text Amendments
Willis stated that the Board of Commissioners
is scheduled to act on the watershed amendments
presented at the August 23 public hearing at
their December 21 meeting.
Willis continued that the items presented at the
November 22, 1993 public hearing were related to
a few additional non-residential lots and a
correction to Back Creek Watershed. A copy of
these amendments is an attachment to these
minutes on pages
Walters noted that there were some changes from
:hat was presented at public hearing. Willis
responded that there was some change in the