HomeMy WebLinkAboutAgenda - 04-19-1994-IX-B 1
O R A N G E C 0 U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 19, 1994
Action Agenda
Item # =X-$
SUBJECT: Z-10-93 PALIOURAS ENTERPRISES, INC. -- ZONING ATLAS
AMENDMENT
DEPARTMENT: PLANNING PUBLIC HEARING Yes _X No
ATTACHMENT(S) INFORMATION CONTACT:
Application Jim Hinkley, Extension 2584
Vicinity Maps
Findings of Fact TELEPHONE NUMBERS:
Affected Property Owners Hillsborough - 732-8181
Certificate of Mailing Durham - 688-7331
General Information Memo Mebane - 227-2031
11/22/94 Public Hearing Minutes Chapel Hill - 968-4501
1/24/94 Planning Board Minutes
PURPOSE: To consider the proposed Zoning Atlas Amendment
in Hillsborough Township recommended by the
Planning Board.
BACKGROUND: The proposed zoning lot is situated on the
southeast quadrant of the of the I-85/ NC 86
interchange. The tract is bordered by NC 86 and
I-85, except for a narrow 3.34-acre strip owned
by the Dental Foundation of North Carolina. The
proposed area to be rezoned contains 37 .97 acres
and is owned by Paliouras Enterprises, Inc. The
current zoning is CC-3 (MTC) Community Commercial
(Major Transportation Corridor) and R-1(MTC)
Rural Residential (Major Transportation
Corridor) . Proposed zoning for the property is
GC-4 (MTC ) General Commercial (Major
Transportation Corridor) .
Surrounding properties lie in the zoning
jurisdictions of both the Town of Hillsborough
and County of Orange.
2
In Hillsborough's jurisdiction .
• The northwest quadrant of the interchange is
zoned GI General Industrial and GC General
Commercial. Existing land uses include a
service station, motel, and restaurant, and
cleared land and woods. Running across the
tract is a 150-foot right-of-way belonging to
Duke Power Company.
• The eastern side of the northeast quadrant is
zoned GC General Commercial and OI Office and
Institutional. The only development in this
section is the Brookshire Nursing Center of
Hillsborough. The remaining area is
generally wooded.
• The southwest quadrant is zoned GC General
Commercial. This land is generally open with
scattered trees.
In Orange County's jurisdiction . . .
• The southeast quadrant is zoned R-1(MTC)
Rural Residential (Major Transportation
Corridor) within which there is a CC-3 (MTC)
Community Commercial (Major Transportation
Corridor) zoning lot of 5.76 acres (251,060
square feet) fronting for 800 feet on NC 86.
The uses on this tract are a full service
truck stop, a convenience store, and an
automotive repair shop. The remainder of the
tract is wooded. Town of Hillsborough water
and sewer was run to the property at the
owner's expense in 1979. Duke Power owns a
150-foot right-of-way which crosses the
northern part of the tract, running generally
parallel to the I-85 right-of-way.
• The western side of the northeast quadrant is
zoned GC-4 (MTC) General Commercial (Major
Transportation Corridor) and I-2 (MTC) Medium
Industrial (Major Transportation Corridor) .
Uses within this area include a massage
parlor and a boat sales, marine supplies, and
firearms sales establishment in the GC-4 (MTC)
zone. To the north in the I-2 (MTC) zone,
there are a number of small abandoned
buildings.
The requested rezoning was initiated by the
owners to correct an alleged error in the
t
3
original zoning for this quadrant of the
interchange.
The rezoning proposal was presented at public
hearing on November 22, 1993, citing the basis
for the owner's request for a zoning change and
citing a further basis of implementing the Orange
County Land Use Plan designation of this property
as 10-year Transition/ Commercial-Industrial
Node. Following the public hearing, the Board of
Commissioners referred the request to the
Planning Board for recommendation.
Planning Board considered the proposed rezoning
on January 24, 1994, and recommended approval.
The vote was unanimous.
RECOMMNDATION: The Administration recommends that the Board of
County Commissioners:
1. Deny the request of Paliouras Enterprises's
Zoning Atlas Amendment for its property on
the southeast section of the NC 86
interchange of I-85 to be rezoned from CC-
3 (MTC) Community Commercial (Major
Transportation Corridor) and R-1(MTC) Rural
Residential (Major Transportation Corridor)
to GC-4 (MTC) General Commercial (Major
Transportation Corridor) because there was no
error in the original zoning for this
quadrant and the Land Use Plan can be
implemented best through the creation of an
Economic Development District at the NC 86/
I-85 intersection area cooperatively with the
Town of Hillsborough; and
2 . Pursue aggressively with the Town of
Hillsborough a cooperative venture to
designate the NC 86/I-85 interchange area as
an Economic Development District.
0 4GE COUNTY, NORTH CAROLINI
APPLICAIiON FOR CHANGE OF ZONING DIatRICT 4 J
Date :
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 side of S .R . 1 c66
( Street/Road) between S .R . # and
-. :- S It is kn wn Os Lot ( s) 11A Block of
Orange County Tax - Map - AIAL -T ownsh ip . It has a frontage
of � feet and a 4�'W of /2� fee ,. , and contains
square feet or acres .
2. It is des ir d and requested that the foregoing property be rezoned
from to 6G -4-
%a Pdrec7�o�i�ihQ 2 iiAg e "d,
S .- The -folLowing information has bean _ attached .in__ support of the
application for changing the Zoning Atlas (* - required on all
applications) .
•n. A fully dimensioned map at a scale of not lass tnan one (1) inch
_ equals one—hundred (100) feet nor more then one (1) inch equals
twenty 1201 feet-- showi'ng--2be 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 c7'�
fo L lows ng
(1) The alleged error in the Zoning Ordinance, If any, wh ^
would be corrected by the proposed amendment with a detai
explanation of such error in the Zoning Atlas and detai i^
reasons how the proposed amendment will correct the error �J
(2) The changed or changing conditions, if any, in the area
in the County generally, which make the proposed smendme Q
reasonably necessary to the promotion of the public health,
safety and general welfare. 8 U
•(3) he manner in which the proposed amendment wiLL carry out
the intent and purpose of the adopted Land Use Plan or part
thereof.
•(C) 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, police, rescue and utilities agencies)
assuring services provision capability to the development.
d. A list of all individuate, firms or corporations owning property
adjoining or within five hundred (500) test of the property
sought for rezoning is attached. The List is current as of
o7-2-7-!a3.
(Oats)
I certify that all information furnished in this application is accurate
to the b-est of my knowledge .
Applicant ( - / 01 6
Address :
AIZE Z-72 /
Phone : 7
Augur- 3, 1993
Paliouras Enterprises, Inc. 5
P.O. Box 715
Chapel Hill, NC 27514
(919) 942-5356
Board of County Commissioners
Orange County
Hillsborough, NC
Gentlemen,
On behalf of Paliouras Enterprises, Inc. , I am respectfully
requesting a zoning correction for the property at I-85 and NC 86.
I was unaware of the zoning error until it was brought to our attention
by members of the planning staff. Certain parts of the site were
changed from General Commercial to C C 3 and R-1 whereas the entire
parcel should have been left as G C 4. The site is now occupied by
a garage, truck stop, convenience store, service station, and warehouse;
however certain parcels within the commercial are R-1. Our entire
acreage has been designated as Commercial Industrial on the land use
plan.
Obviously the best use of this type of highway frontage property
is General Commercial so that we could attract other tax generating
businesses to the area. Properties of a similar nature along our
interstates are zoned General Commercial.
Correcting the zoning error would in no way impose a further
burden on the county. We have already procured, at our expense, city
water and sewer and natural gas services. Law enforcement and fire
protection would not be adversely affected. Any future development
would still havve to comply with all county regulations. Any expansion
of existing facilities or additional businesses on the site would
create needed additional jobs for the area.
I shall be happy to provide additional information or answer
personally any questions you may have so that you may be able to approve
our request as quickly as possible.
Respectfully,
P gal ioura rest n
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PALIOURAS ENTERPRISES, INC.
Bo. 715 203 E a s i F Ia�kiin Svee,
Cnaoe Hsi., Norm Carol-na 27514
1919; 942 535E
I
JAMES N.PALIOURAS JOHN N.PALIOURAS
303 Wesley Drlwe 393 Wesley Court
942-4229 968 2043
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�ocr. 676 rncF 136
SCHEDULE A 11
TRACT I: All that certain tract or parcel of land situated, lying and being
in Orange County, North Carolina, and being 10.1 acres according to plat of
William B. Dozier, Registered Surveyor, dated June 3, 1964 , and recorded in
Plat Book ;t , at Page Orange County Registry, and being more particu-
larly described as BEGINNING at a stake in the Southwest corner of Paul
McAllister and the Eastern margin of N.C. Highway No. 86; running thence with
the Northwestern line of McAllister North 35' 03' East 132.4 feet �:o a stake;
running thence along the Western nargin of Lawrence North 32' 15' East 661.2
feet to a stake in the Southern line of Dr. Beard; running thence along the
Southern margin of Dr. Beard and an old road bed North 62' 46' ' West 955.0
feet to a stake in the raQnp of Interstate Highway No. 85 running in an East-
ern direction into the South lane of said Interstate Highway No. 85; running
thence South 3. 37' East 156.9 feet to a stake in said ramp; running thence
South 22. 19' East 147.3 feet to a stake; running thence South 64' 21' West
50.6 feet to a stake in the Eastern margin of N.C. Highway No. 86; running
thence along said margin of N.C. Highway No. 86 South 28' 14 ' East 886.1 feet
to the point and place of BEGINNING.
TRACT III: All that certain tract or parcel of land situated, lying and being
in Orange County, North Carolina, and being 27.8 acres according to plat of
William B. Dozier, dated October, 1965, and recorded in Plat Book �__ � �, at
Page Orange County Registry, and being more particularly described
as BEGINNING at a stake in the Northwest corner of Paul McAllister and the
Eastern margin of the property of Paliouras; running thence with the Eastern
line of. Paliouras North 32' 15' East 796.8 feet to an iron stake; running
thence South 61' 16' East 353.1 feet to a stake; running thence South 32"
10' West 20 feet to a stake; running thence South 61' 16' East 1,119 feet
to an iron stake; running thane South 61' 30' West 851.2 feet to an iron
stake; running thence South 28' 44 ' West 461 feet to a stake in the center
of Old N.C. Highway No. 10; running thence along the arc of a circle with
a radius of 855.66 feet to an iron stake; running thence North 55' 40' West
60.6 feet to an iron stake; running thence North 34' 33' West 773 feet to
an iron stake; running thence North 45' 54 ' West 172.9 feet to the point and
place of BEGINNING.
SAVE AND EXCEPT all the property East of this line: BEGINNING at a point
located in the center line of State Road 1710, being 652.41 feet East of the
intersection of State Road 1710 and North Carolina Highway 86; running thence
along a curve in a counterclockwise direction with a radius of 296.34 feet,
an arc distance of 178.56 feet along a chord bearing North 17-23-02 East 175.87
feet to an existing corner; running thence North 00-07-19 East 445.35 feet
to an existing corner; thence' running North 39-41-16 East 602.81 feet to a
control corner abutting Interstate Highway 85.
12
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15
Z-10-93 HILLSBOROUGH TOWNSHIP
AFFECTED PROPERTY OWNERS
Page One of One
Tax Map Number Property Owners
4 .45 . .29 The Dental Foundation of North Carolina
211H School of Dentistry
Chapel Hill, NC 27599
r .�� . . 4 Wildwood Company. of Hillsborough
P.O. 765
Hillsborough, NC 27278
4 .45. .8 Horace Grant, Jr.
P.O. Box 1232
Hillsborough, NC 27278
4 .45 . .9 Ada B. Nichols
2109 NC 86 South
Hillsborough, NC 27278
4 .45. . 10 George Tate, Jr.
8 Piney Mountain Road
Chapel Hill, NC 27516
4 .45. . 10A Robert and Faye Gibson
2160 Madison Avenue, #3F
New York, NY 10037
4 .45. . 1OB Archie L. White
213 Nash Street
Hillsborough, NC 27278
4 .45. . 1OC William T. Lessig
1303 Old NC 10
Hillsborough, NC 27278
4 .45. . 19 James Rae Freeland
P.O. Box 241
Hillsborough, NC 27278
4 . 14 . . 19A John and Vida M. Tubiolo
1000 US 70 East
Hillsborough, NC 27278
4 .45. .33 James E. Hopper
P.O. Box 607
Hillsborough, NC 27278
4 .40 .A. 11 Meadowlands Associates
4500 Schley Road
Hillsborough, NC 27278
ORANGE COUNTY PLA'N'NING DEPARTMENT 16
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
I
i
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
I, James R. Hinkley, Zoning Officer, Orange County, North
Carolina, DO HEREBY CERTIFY that on or about November 4 , 1993 , I
sent by Certified Mail, postage prepaid, a Notice of the Public
Hearing to be held on Monday, November 22, 1993 , 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 on opportunity to
speak for or against Z-10-93 Paliouras Enterprises, Inc. , on the
southeast quadrant of the I-85 and NC 86 Interchange. The notice
was sent to 10 property owners who hold title to 10 parcels
which lie within 500 feet of the Paliouras parcel requested for
rezoning. A list of these property owners is attached.
,Tames R. Hinkley, AI P
Zoning Officer
ATTEST: ��'���-` A ryY; =
Mebra M. Gr am
:Notary
oL1�;•�
Kiy Commission Expires S--21-97
ORANGE COUNTY PLANNING DEPARTMENT 17
306F RrVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
t•' e
C t
I
1
MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT
DATE: NOVEMBER 7, 1993
SUBJECT: Z-10-93 Paliouras Enterprises, Inc.
GENERAL INFORMATION
APPLICANT: Paliouras Enterprises, Inc.
P.O. Box 715
Chapel Hill, NC 27514
LOCATION: Southeast quadrant of the Interchange of I-85 and NC 86
LOT SIZE: 37.97 acres
EXISTING LAND USE: Truck Stop, Convenience Grocery Store, Automotive Repair
Shop, Wooded
SURROUNDING LAND USE:
NORTHEAST - I-85, Wooded, Nursing Home across I-85
SOUTHEAST - Wooded
SOUTHWEST - Intersection of NC 86 and Old NC 10, residential, warehousing,
industrial, vacant lands, scattered trees
NORTHWEST - I-85 interchange with NC 86
COMPREHENSIVE PLAN LAND USE DESIGNATION:
Ten Year Transition, Commercial-Industrial Node
ZONING: R-1 Rural Residential and CC-3 Community Commercial
MEMORANDUM
November 7, 1993 18
Page 2
The intent of the GC-4 General Commercial District is provided in Article 4.2.11 of the
Zoning Ordinance.
Inten
The intent of the GC-4 General Commercial District is to provide suitable situated and sized
sites in Eno and Hillsborough Townships that allow a broad range of commercial, office and
service uses. Performance standards will be used to :,isure the absence of adverse impacts
beyond the zoning district boundary.
Application Criteria
This district will usually be applied where the following conditions exist:
1. The site is within an area designated as either Commercial or Industrial Transition
Activity Node, by the adopted Comprehensive Plan.
2. Water and sewer mains exist at the site or are to be made available as part of the
development process or the lot size for individual uses are appropriate to the method
of water supply and sewage disposal.
3. All property to be designated for new development under this classification shall have
direct acc--ss to major collector street, as designated by the adopted Comprehensive
Plan.
The following is the list of permitted uses in the GC-4 District.
Accessory Uses
H1 Day Care Facility, other than Large Day Care Home
H6 Family Care Home
H8 Rehabilitative Care Facility
H9 Hotels and Motels
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
P13 Military Installations (National Guard and Reserve Armory)
P14 Public & Non-Profit Parks
P 15 Parking as Principal Use, Surface or Structure
P20 Schools: Vocational
P21 Schools: Dance, Art and Music
P23 Universities, Colleges and Institutes
P24 Governmental Facilities & Office Buildings
J
MEMORANDUM 19
November 7, 1993
Page 3
P25 Water and Sanitary Sewer Pumping Stations
S3 Animal Hospitals; Veterinarians
S5 Assembly Facility Greater than 300
S6 Banks and Financial Institutions
S7 Barber and Beauty Shops
S8 Clubs or Lodges; Social; Fraternal or Union Clubhouses
S9 Drive In Theaters
S 10 Farm Equipment and Sales
S12 Funeral Homes
S13 Greenhouses (No On-premises Sales)
S14 Greenhouses (On-premises Sales)
S15 Health Services: under 10,000 square feet
S16 Health Services: over 10,000 square feet
S17 Hospitals
S 19A Class I Kennels
S20A Business of Massage
S21 Laundry and Dry Cleaning Services
S22 Libraries
S24 Motor Vehicle Maintenance and Repair
S25 Motor Vehicle Sales Rental (New & Used)
S?6 Motor Vehicle Services Station
S27 Nightclubs, Bars, Pubs
S28 Offices and Personal Services That Attract Few Customers or Clients on Premises
Other Than Employees, Generate Low Traffic Volumes, have no adverse impacts
beong the space occupied by the Building
S29 Offices and Personal Services that Generate Medium Traffic Volume and have no
Adverse Impacts Beyond the Lot Boundaries
S30 Offices and Personal Services that Generate High Traffic Volume and have no
Adverse Impacts beyond the Zoning District Boundary
S32 Postal and Parcel Delivery Services
S33 Printing & Lithography
S35 Recreational Facilities (Profit/Non-Profit): Golf Club & Country Club
S36 Recreational Facilities (Profit)
S37 Repair Service: Electronic and Appliance
S38 Research Facility
S39 Restaurants: Carry-out
S40 Restaurants: Drive-in
S41 Restaurants: General
S42 Retail Trade, Sales, and Rental of Durable and Convenience Goods, Merchandise and
Equipment, Including Mail Order Houses, where no adverse impacts occur beyond
immediate space occupied by the building where:
A) Operations are designed to attract and serve few customers or clients on premises
other than employees of the principal use.
B) Low-volume traffic generation (0-200 trips per day)
MEMORANDUM
November 7, 1993 20
Page 4
S43 Retail Trade, Sales, and Rental of Durable and Convenience Goods, Merchandise and
Equipment, Including Mail Order Houses, where no adverse impacts occa• beyond
the boundaries of lot where the use is located.
A) Medium traffic generation (200-80 trips per day)
S44 Retail Trade, Sales, and Rental of Durable and Convenience Goods, Merchandise and
Equipment, Including Mail Order Houses, where no adverse impacts occur beyond
the boundaries of the zoning district.
A) High Volume Traffic Generation (More than 800 trips per day)
S51 Storage or 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:
H10 Residential Hotel (Fraternities, Sororities, and Dormitories)
P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges,
Water and Sewage Treatment Plants
S19 Junkyards
S52 Waste Management Facility; Hazardous and Toxic
The following uses are allowed with a Class B Special Use Permit:
H7 Group Care Facility
P3 Portable Buildings
P17 Radio & Television Transmitting & Receiving Towers & Elevated Water Storage
Tanks
P22 Transmission Lines
S20 Class II Kennels, Riding Stables
S34 Recreational Facilities (Non-Profit)
An V 7-r5 -- BOCC 21
1�Q,�mb,r 2.2, 1-96-3
5
1 in question for this rezorine request are not e part of the areas he
2 m�rtioned as nee;'ing to have issues resolved. he also indicated „tilt
3 welve ( :2 ) acres are in the water quality critical are The
4 r -1oning request is for the remaining six b ) acres only. Dutch
5 Fr uses s4itching Beer equipment for Northern Teleco
6 Gen al . It i£ a non toxic industr and Data
y which produces no i ic' waste .
8 p_ NNING BOARD DIRECTOR MARVIN COLLINS slat that if this
9 propert were re.,oned t'le app-oval of the serer ' system ►,oLld be
:0 determine b ~h Health p , based on tr number of employees ,
Y e He De ar -%.
and amount
Of et " waste water flow . The- is no way to . know in
12 advance if a ys+em would be approved . He t'--'rated that if the-e is
' 3 36" of red so ,.here would probably be
' 4 be one of balan ' n9 the space needed fo p' oblem , The issue would
he septic field vs ,
15 of the esteblis ent . the size
He comment that the existing line or, Mr .
' 6 Efland ,s Property ould possibly a relocated to the First South
_7 property , He will search tha+ ssue . He also the
that the
18 current system is equate f }
an establishment using water for
:9 bathrooms and sinks Y . If another business located in this
20 fa c'_lity which require p ialized processing of wastewater � ±
21 require pre-treatment or collectifln of - could
22 manufacturing prowess d the effluent from the
Pmert to a public sewer system . This
23 would be controlled the roval or rejec;.ion of the imaravemen:
24 permits from the �-;e th DePartm t . The property could be rezoned now
25 but an improvemen ermit would s_ ' il need to be obtained .
26
27 TOM wooDA indicated that USA ch would eke �o
i �:
28 land that th uilding is located uaon a well as one ethePuacre5e The
29 loan" age � As requiring consistent zon in order to aPProve * he
30 loan . _
31 i
32
. BOB GIGGEY , Vice-Presider,- Of USA Dutch , indicated that this
33 bu ss was originally located in the Hill, Business Center
34 u they outgrew the facilitY . They intend to expan heir staff
35 additional 10 employees within the nexttwo r � by
3G a Board of Commissioners consider this rezoninz reequest1 asked that
37
38 - '_ . Zoning Atlas Amendments i
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-cf-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
e6 Carolina . The proposed area to be rezoned contains 1 ,653 ,973 scuare
47 feet or 37 .97 acres . The lot to be rezoned is situated entirely on
46 the property owned by Paliouras Enterprises , Inc . The current zoning
49 is CC-3 ( MTC ) Community Commerci r
al ( Major Transportation Corridor ) and
5o R-1 ( MTC ) Rural Residertial ( Major Transportation Coridor ) . Proposed
51 zoning for the property is GC-4 ( MTC ) General Commercial
52 Transportation Corridor ) . Surroundin t ( Major
9 Properties lie in he zoning
R_CE?UED FRnm
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1 jurisdictions of both the Town of Hills Scrou h
' sborouvN 's ;ur �c�� 9 and Orange County , Lr
3 interchange is zoned G= r The northwest quadrant of the
4 The eastern side cf thEene, a_ _ndus,.riei and GC General Comnercia_ .
s northeast quadrant is zoned GC General
Commercial and OI Office and Institutional .i Tne southwest quadrant is
6 zoned GC General Commercial . In O-a_npe County 's Jurisdiction
. . . "The
southeast quadrant is zoned R-1 Rural Resioet_al The
r,
$ Transportation Corridor ) . The western side of the northeast quadrant
9 is zoned GC-4 General Commercial ( MTC ) and --2 Industrial ( MTC ) •
i0
11 THE PUBLIC HEARING WAS OPEN FOR QUESTIONS/COMMENTS FROM THE BOARD OF
12 -COMMISSIONERS AND PLANNING BOARD .
13
14
COMMISSIONER INSKO commented that the entrance to a community
15 needs to reflect that communities quality of life . That area does not.
16 reflect the quality of life in Hillsborough;.
17
=S THE PUBLIC HEARING WAS OPEN FOR JUESTIONS/COMMENTS FROM CIT"ZENS •
19
20 JOHN PAL?OURAS indicated that the rezoning of this Parcel would
21 help to guide him in planning for the best use of this property in the
22 future .
23 i
24 A . motion was made-- by Commissioner Halkiotis , seconded by
25 Commissioner Insko , to refer all of the items to the Planing Board ,
26 for a recommendation to be returned to the! Board of Commissioners no
27 sooner than January 4., 1994 ,
28 VOTE: UNANIMOUS
29
30
There being no further items for consideration , the meeting was
31 adjourned . The next regular meeting of
32 Commissi-ones s will be held on Monday , the Board n County
33' Courthouse , Hillsborough , North Carolina .
December 6 , 1993 in the Old
- 34
35
36 Moses Carey , Jr . , Chair
37 Beverly Blythe , Clerk
38
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23 ,
VOTE: 9 in favor.
1 abstained (Scott - due to pcssible personal
conflict of interest) .
AGENDA ITEM #11: MATTERS HEARD AT PUBLIC HEARING (11/22/93)
, a. Zoning Atlas Amendments
( 1) Z-10-93 Paliouras Enterprises
On December 20, 1993, the Planning Staff advised
that the Planning Board withhold making a
recommendation on this rezoning request to the
Board of County Commissioners for a period of at
least one month. Staff suggested this in
response to a reported request made of Paliouras
Enterprises, Inc. to allow the Town of
Hillsborough to annex its property on the
southeast quadrant of the I-85/NC 86 Interchange.
Based on information provided by the County
Attorney and reports from Hillsborough Planning
Staff, the Paliouras property is a "key link" to
the University Station property. Voluntary
annexation would be part of the University
Station proposal. The County Attorney sought
supporting correspondence to verify this move on
the part of the firm and the Town. Verification
of imminent annexation, however, was not
forthcoming.
The County Attorney reported that annexation
would nullify the need to proceed further with
rezoning efforts. The Planning Board removed the
rezoning request from its agenda.
Eric Swanson, Hillsborough Town Manager,
estimated to Planning Staff that annexation of
the Paliouras property could be considered no
earlier than midsummer. The annexation would be
effected in conjunction with the University
Station new community.
The Planning Staff recommends that the Planning
Board endorse the rezoning from CC-3, Community
Commercial and R1, rural Residential, to GC-4
General Commercial as requested by Paliouras
Enterprises, Inc. for their 37.97-acre parcel on
the southeast portion of the I-85/NC 86
Interchange for two reasons:
1. To accommodate uses more appropriately
permitted at Interstate Highway
Interchanges; and
D(� n
L Lv 24
2 . To implement the Orange County Land Use
Plan which categorizes the property as a
10-year Transition Commercial/Industrial
Node.
Eidenier asked about the small tract in ownership
of the dental foundation. Hinkley responded that
he had contacted the dental school and made
inquiries but had received no response.
MOTION: Cantrell moved findings in the affirmative on
Article 20 and Article 4 . Seconded by Hoecke.
VOTE: Unanimous.
MOTION: Reid moved approval of the Planning Staff
recommendation. Seconded by Cantrell.
VOTE: Unanimous.
AGENDA ITEM #12: MATTERS PROPOSED FOR PUBLIC HEARING (2/28/94)
a. Zoning Ordinance Text Amendments
( 1) Article 6.23.7 - Watershed Protection Overlay
Districts (Stream Buffers)
(2) Article 6.23.8 - Watershed Protection Cverlay
Districts (Sewage Disposal and
Water Supply)
Presentation by Mary Willis.
This item is to consider an amendment to the
Zoning Ordinance to allow for a reduction in the
150' building setback and 300 , septic system
setback adjacent to reservoirs and/or streams for
lots created prior to January 1, 1994 .
Article 6.23.7 requires that new structures be
located at least 150 ' from a reservoir, or
outside of the stream buffer, whichever is
greater. Article 6.23.8 requires that sekptic
systems be located at least 300 ' from a reservoir
or outside of the stream buffer, whichever is
greater.
Application of these setbacks may render some
existing lots unbuildable. The remedy available
at this time is for the property owner to seek a
variance of the setback requirements to the
extent necessary to develop the property in a
reasonable manner.
The proposed amendment would allow a reduction in
�] � 25
VOTE: 9 in favor.
1 abstained (Scott - due to possible personal
conflict of interest) .
AGENDA ITEM #11: MATTERS HEARD AT PUBLIC HEARING (11/22/93)
a. Zoning Atlas Amendments
( 1) Z-10-93 Paliouras Enterprises
On December 20, 1993, the Planning Staff advised
that the Planning Board withhold making a
recommendation on this rezoning request to the
Board of County Commissioners for a period of at
least one month. Staff suggested this in
response to a reported request made of Paliouras
Enterprises, Inc. to allow the Town of
Hillsborough to annex its property on the
southeast quadrant of the I-85/NC 86 Interchange.
Based on information provided by the County
Attorney and reports from Hillsborough Planning
Staff, the Paliouras property is a "key link" to
the University Station property. Voluntary
annexation would be part of the University
Station proposal. The County Attorney sought
supporting correspondence to verify this move on
the part of the firm and the Town. Verification
of imminent annexation, however, was not
forthcoming.
The County Attorney reported that annexation
would nullify the need to proceed further with
rezoning efforts. The Planning Board removed the
rezoning request from its agenda.
Eric Swanson, Hillsborough Town Manager,
estimated to Planning Staff that annexation of
the Paliouras property could be considered no
earlier than midsummer. The annexation would be
effected in conjunction with the University
Station new community.
The Planning Staff recommends that the Planning
Board endorse the rezoning from CC-3, Community
Commercial and R1, rural Residential, to GC-4
General Commercial as requested by Paliouras
Enterprises, Inc. for their 37 .97-acre parcel on
the southeast portion of the I-85/NC 86
Interchange for two reasons:
1. To accommodate uses more appropriately
permitted at Interstate Highway
Interchanges; and
26
fU�' I , Road. Palmer's Grove Church Rnac is a paved
LL) Li secondary State road.
The Planning Staff recommends approval of the
Concept Plan with the condition that all lots
shall receive access from Mary E. Cook Drive.
Eidenier asked if there is a house on Lot #1 .
Kirk responded that it is possible that there is
a building located on the original tract .
Eidenier continued asking if the driveway in
place for this dwelling must be moved. Kirk
responded that anything on lot #1 must have
access to Mary E. Cook Drive as stated in the
condition.
Barrows asked about the existing 60 ' right-of-way
on Lot #13 . Kirk responded that it was an
existing right-of-way for a previous subdivision.
It would be a part of Lot #13.
Kirk reminded the Board that this was only a
concept plan. Once the Health Department
inspects for septic sites, there could be some
necessary changes to lot lines.
MOTION: Burklin moved approval as recommended by the
Planning Staff. Seconded by Cantrell.
VOTE: Unanimous.
b. Preliminary Plans
( 1) Village of the Oaks - Sections III and IV
(5 Lots - Bingham Township)
Presentation by Eddie Kirk.
The property is located in Bingham Township on
the south side of Thom Road (SR 2145) . Thom Road
is a paved State-maintained road. The entrance
to the subdivision is in Alamance County. Section
Four contains six (6) lots, however, only five
(5) lots are located in Orange County. Lot sizes
in Orange County range from 1.30 to 1. 66 acres
and include lots 22 through 26 in Section Four.
The property is zoned Agricultural Residential
(AR) and Cane Creek Protected Watershed (CANE-
PW) . It is also designated Agricultural
Residential and Cane Creek Protected Watershed in
the Comprehensive Plan. A public road (Scarlet
Oak Lane) will extend from Alamance County into
Orange County to serve the five lots.
27
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Hope Springs Drive. Phase B of Section One is
zoned Residential-1, with a small portion in the
Protected Watershed of the Upper Eno River.
The Land Use Plan designations are Rural
Residential and Water Supply Watershed. Adjacent
land use is residential. The most recent ( 1987 )
traffic count information for this portion of
Davis Road is 100 trips per day.
The Final Plat of New Hope Springs, Section One
Phase B was approved in October. In November,
lot 18 was recombined to include approximately
two acres to the west and a portion of lot 12.
The proposed subdivision involves creating two
new lots (three total) from lot 18 which is now
4 . 14 acres in size.
The new residential lots average 1. 38 acres in
size and will be served by new public roads,
individual wells and septic tanks. The irregular
configuration of lots 18A and 18B is based on the
location of soils suitable for subsurface sewage
disposal.
Access to lot 18C is restricted to Hope Valley
Drive.
The Planning Staff recommends approval of the
Preliminary Plan for the division of lot 18R New
Hope Springs subject to the conditions contained
in the Resolution of Approval. (A copy an
attachment to these minutes on pages )
There was discussion about the irregular shaped
lots and concern was expressed that problems
could occur in the future. Willis responded that
the only alternative to the odd shaped lots would
be a septic easement. An easement requires a
separate document to be drawn up and recorded.
Reid noted that he had seen other cases in
surrounding counties of such odd shaped lots due
to septic easements and indicated he felt Orange
County would be having more subdivisions with
such lots.
Willis noted that another issue is the extent to
which septic easements can be used. She
indicated that was an issue to be discussed later
in the meeting.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Hoecke.