HomeMy WebLinkAboutAgenda - 05-23-1994 - C-5 (b) M / 1S3
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O R A N G E C O U N T Y
BOARD OF COMMISIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date May 23, 1994
Action Agenda
Item # c 5(b)
SUBJECT: Z-3-94 BOBBY KIRK - ZONING ATLAS AMENDMENT
DEPARTMENT:PLANNING & INSPECTIONS PUBLIC HEARING: —X—Yes No
ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron
Application Extension 2580
Vicinity Map
Site Map TELEPHONE NUMBERS
Statement of Justification Hillsborough - 732-8181
Staff Memorandum Durham - 688-7331
Findings of Fact Mebane - 227-2031
Certificate of Mailing Chapel Hill - 967-9251/968-4501
PURPOSE: To receive citizen comment on a proposed Zoning Atlas
Amendment in Bingham Township requested by Bobby Kirk.
BACKGROUND: The property is located at the northwest corner of
Orange Grove Road (SR 1006) and Bradshaw Quarry Road
(SR 1115) in the Cane Creek Protected Watershed.
Adjacent land uses include the applicant's residence,
other residential and agricultural land. The current
zoning is Agricultural Residential and Cane Creek
Protected Watershed. The applicant proposes to rezone
five (5) acres to Neighborhood Commercial.
The property has direct access to Bradshaw Quarry
Road which is designated as a collector in the
Comprehensive Plan. In 1993 the estimated daily
traffic count on Bradshaw Quarry Road was 750 trips.
The traffic count for Orange Grove Road (south of
Dairyland Road) was 900 trips per day.
On December 21, 1994, the Board of County
Commissioners approved an amendment to the Land
Use Element of the Comprehensive Plan which created
the Orange Grove North Rural Neighborhood Activity
Node at this location. The node has a 1000-foot radius
in the northwest quadrant of the intersection. A total
of five (5) acres each of Local Commercial and
Neighborhood Commercial zoning districts is the
maximum allowed within the node.
O V 4 r V
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RECOHMNDATION: Article 20.3.3 of the Zoning Ordinance requires that
the Zoning Officer's recommendation be presented to
the Planning Board within 30 days of receipt of an
application. The 30-day period may be extended up to
60 days with the written consent of the applicant. The
public hearing is the time scheduled for presentation
of the Zoning Officer's recommendation.
Zoning Officer Recommendation
The Zoning Officer has reviewed the application and
all supporting documentation, and has found that the
proposed rezoning would be consistent with the
Comprehensive Plan. Provided the Planning Board and
the County Commissioners find in the affirmative, the
Zoning Officer recommends approval of the request.
No decision on the application is made by either the
Planning Board or Board of Commissioners at the public
hearing. Instead, the Planning Board has 60 days
within which to prepare and submit a recommendation
to the Board of Commissioners. Failure of the Planning
Board to submit a recommendation within the required
time shall be considered a favorable recommendation,
without conditions.
Administration Recommendation
The Administration recommends that the proposed Zoning
Atlas amendment be referred to the Planning Board for
a recommendation to be returned no sooner than August
8, 1994.
055 M �
...iANGE COUNTY, NORTH CAROLI.
APPLICATION FOR CHANGE OF ZONING DISTRICT K114 -It- 94-
Date : 4 -11 -94
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 .
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i . The property is Located on theW/W C0ftN1E� a of S .R . # tiS
( Street/Road) between S .R . # and
S .R . # It is known as Lot (s) "/0__4__, Block of
Orange County Tax Map " - Township . It has a frontage
of 45D feet and a dap h of 4134_feet , and contains
square feet or S acres .
2. It is desired end requested that the foregoing property be rezoned
from A2 1CWE- FW to 601-2 /e-Axle-FW
3 .- The following information has been _ attached in__. support of the
application for changing the Zoning At Las (# - required on all
applications) .
•a. A fully dimensioned map at s scale of not less then one (1) inch
_ equals one—hundred (1001 fast nor more then one (11 inch squats
twenty" t201 feet---shcwtxg--tre 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:
(11 The alleged error in the Zoning Ordinance, if any, which
would be corrected by the proposed amendment with a detailed
explanation of such error in the Zoning Atlas and detailed
reasons how the proposed amendment mill correct the error.
J[21 The changed or changing conditions, if any, in the area or
in the County generally, which sake the proposed amendment
reasonably necessary to the promotion of the public hasLth,
safety and general welfers.
'0(3) The manner in which the proposed amendment will carry out
the intent and purpose of the adopted Land Use Plan or part
thereof.
9(4) All other circumstances, factors and reasons which the
applicant offers in support of the proposed amendment
including, but not limited to, documentation from service
agencies (e.g. fire, 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 (5001 feet of the property
sought for rezoning is attached. The list is current as of
(Data)
I certify that alt information furnished in this epplicetion is accurate
to the best of my knowledge
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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MEMORANDUM
TO: ORANGE COUNTY PLANNING BOARD
FROM: ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
DATE: APRIL 19, 1994
SUBJECT: Z-3-94 BOBBY KIRK
PROPOSED ZONING ATLAS AMENDMENT
GENERAL INFORMATION
Applicant: Robert L. Kirk, Jr.
4310 Bradshaw Quarry Road
Efland, NC 27243
Location: Northwest corner of Orange Grove Road (SR 1006) and Bradshaw
Quarry Road (SR 1115) in Bingham Township.
Lot size: 5 acres total (exclusive of right-of-way), to be rezoned from
AR/CANE-PW to NC-2/CANE-PW.
Existing Land Use: The property proposed for rezoning is undeveloped.
Surrounding Land Use:
North - Undeveloped wooded land zoned AR/CANE-PW, and a large-lot
residential subdivision.
East - Residential lot zoned AR/CANE-PW and Orange Grove Road.
South - Bradshaw Quarry Road, the applicant's residence and agricultural land.
West - Residential land zoned AR/CANE-PW.
000
MEMORANDUM
Z-3-94 Bobby Kirk
April 19, 1994
Page 2
Land Use Plan Designation:
Agricultural Residential, Rural Neighborhood Activity Node, and Cane Creek
Protected Watershed.
Zoning: The property is presently zoned Agricultural Residential (AR) and Cane Creek
Protected Watershed.
The intent of the Neighborhood Commercial-H (NC-2) District is provided in Article 4.2.9 of
the Zoning Ordinance.
a) Intent
The purpose of the neighborhood Commercial-II (NC-2) District is to provide
appropriately located and sized sites for limited commercial uses designed to
serve a population at the neighborhood and rural level with convenience goods
and personal services. Performance standards will be used to insure the
absence of adverse impacts beyond the lot boundaries of the use.
b) Application Criteria
This district will usually be applied where the following conditions exist:
1. Located within areas designated by the adopted Comprehensive Plan as
either a Commercial Activity Node or Rural Neighborhood or Rural t
Community Activity Node.
2. Uses would serve a market area population confined to the immediate
area and would generally not serve commuters or persons outside the
surrounding neighborhood.
3. Lot size for individual uses shall be appropriate to the method of water
supply and sewage disposal.
4. Normally, the maximum amount of land zoned NC-2 at any node shall
not exceed nine acres, but a maximum of 5 acres shall apply where
population density is lower and distributed more widely than in the
Transition areas. Acreage limitations shall not apply to property zoned
Existing Commercial-V (EC-5) or planned developments.
5. All sites designated NC-2 shall have direct access to a street classified
either as an arterial or collector as designated by the adopted
Comprehensive Plan.
a
MEMORANDUM 091
Z-3-94 Bobby Kirk
April 19, 1994
Page 3
The following is a list of permitted uses in NC-2:
H1 Day Nursery, Daycare, Private Kindergarten
Hla Day Care Home, Large
H2 Single-Family dwelling w/wo efficiency apartment
H3 Two-Family dwelling
H4 Multiple family
H6 Family Care Home
Accessory Uses
P2 Botanical Gardens
P4 Bus Passenger Shelter
P7 Church
P8 Community Center
P10 Governmental Protective Services
(Police and Fire Stations) Rescue Squads, Volunteer Fire Departments
P13 Military Installations
P14 Public & Non-Profit Parks
P15 Parking as a principal use
P21 Schools: Dance, Art and Music
P24 Governmental Facilities & Office Buildings
P25 Water and Sanitary Sewer Pumping Stations
S6 Banks and Financial Institutions
S7 Beauty and Barber Shops
S8 Clubs or Lodges
S13 Greenhouses (no on premises sales)
S14 Greenhouses (on premises sales) 1
S21 Laundry and Dry Cleaning Services
S22 Libraries
S26 Motor Vehicle Services Stations
S28 Offices and Personal Services That Attract Few Customers or Clients on Premises
Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts
Beyond the Space Occupied by the Building
S29 Offices & Personal Services That Generate Medium Traffic Volumes and Have No
Adverse Impacts Beyond the Lot Boundaries
S35 Recreational Facilities: Golf Club
S37 Repair Service Electronic & Appliance
S38 Research Facility
S39 Restaurants: Carry Out
S41 Restaurants: General
S42 Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By
The Building Where:
A) Operations Are Designed to Attract & Serve Few Customers Or Clients On
Premises Other Than Employees Of The Principal Use.
092
MEMORANDUM
Z-3-94 Bobby Kirk
April 19, 1994
Page 4
B) Low Volume Traffic Generation (0-200 Trips/Day)
C) All Operations Entirely Within A Fully Enclosed Building With No Outside
Storage
S43 Retail Trade, Sales, & Rental of Durable and Convenience Goods, Merchandise &
Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where
The Use Is Located.
A) Medium Traffic Generation (200-300 Trips/Day)
S51a Studio (Art)
The following uses are allowed with a Class A Special Use Permit:
P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges,
Water and Sewage Treatment Plants
The following uses are allowed with a Class B Special Use Permit:
H7 Group Care Facility
P3 Buildings; Portable
P22 Transmission Lines
S34 Recreational Facilities (Non-Profit)
1
n��;3
FINDINGS OF THE ORANGE COUNTY PLANNING BOARD
PERTAINING TO
APPLICATION:Z-3-94 BOBBY KIRK
BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING STAFF
RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS:
ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING
ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATIONIREZONING
("Yes" indicates Compliance: "No" indicates Non-compliance)
PLANNING
STAFF PLANNING
RECOMMENDED EVIDENCE SUBMITTED BOARD
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Requirements
The application must comply
with all requirements
specified in Article 20-
Amendments. Those
requirements include:
20.3.2 a) Map showing affected _x—Yes No Map provided at scale Yes No
property at scale of not less than of 1"-50'.
1"–100' nor more than 1"–20'.
20.3.2 b) Legal description _X—Yes No Description provided with Yes No
of property. application..
20.3.2 c) Explanation of alleged Yes No Not applicable. Yes No
error, if any, to be corrected by
proposed amendment.
4
20.3.2 d) Changed conditions, X Yes No The applicant has cited an Yes No
if any, which make amendment increase in residential
reasonably necessary to promote development and associated
public health, safety and general commuter travel has created a
welfare. need for services at this location.
20.3.2 e) Manner in which proposed _x Yes No The property is located in Yes No
amendment will carry out purpose SH-4 (Orange Grove North)
and intent of adopted Comprehensive Rural Neighborhood Activity
Plan. Node. The purpose of the node
is to provide small scale
commercial uses serving the
population in the surrounding
area. The proposed zone is
consistent with the Rural
Neighborhood Activity Node.
2 ,
ARTICLE 4- DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA
('Yes" indicates Compliance: 'No' indicates Non-compliance)
PLANNING
STAFF PLANNING
RECOMMENDED EVIDENCE SUBMITTED BOARD
FINDINGS TO SUPPORT FINDINGS FINDINGS
Ordinance Reauirements
Article 4.2 identifies the criteria
which will normally be used to
determine the application of a
zoning district designation. The
applicant has applied for a
Neighborhood Commercial-2 designation.
The criteria for this district are
set forth in Article 4.2.9 as follows:
(a) Located within areas designated _x_Yes No The property is located in a Yes No
by the adopted Comprehensive Plan Rural Neighborhood Activity
as either a Commercial Transition Node.
Activity Node or Rural Neighborhood
or Rural Community Activity Node.
(b) Uses would serve a market area _x—Yes No Permitted uses would be those Yes No
population confined to the allowed in the NC-2 zoning
immediate area and would district, which are small
generally not serve commuters scale commercial and service
or persons outside the uses.
surrounding neighborhood.
(c) Lot size for individual uses _x—Yes No The Orange.County Health Yes No
shall be appropriate to the Department has determined
method of water supply and the proposed district has
sewage disposal. an area of suitable soils
for ground absorption sewage
treatment and disposal.
Improvements permit issuance
would be pending final survey,
waste flow of proposed develop-
ment and protection of the
approved area of suitable soils.
(d) Normally, the maximum amount of x_Yes No The request to rezone the Yes No
land zoned NC-2 at any node shall property would not exceed the
not exceed nine acres, but a maximum of 5 acres of land
maximum of 5 acres shall apply zoned NC-2 at the SH-4
where population density is lower Activity Node. k would,
and distributed more widely then however, fulfill the allotment
in the transition areas. for the NC-2 zone within the
Rural Neighborhood Node.
(e) All sites designated NC-2 _x—yes No The property has direct access Yes No
shall have direct access to Bradshaw Quarry Road which
to a street classified either is designated as a collector in
as an arterial or collector as the adopted Comprehensive Plan.
designated by the adopted
Comprehensive Plan.
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 090
HILLSBOROUGH, NORTH CAROLINA 27278
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CERTIFICATE OF RAILING
ZONING ATLAS AMENDMENTS
ORANGE COUNTY# NORTH CAROLINA
I, Emily Cameron, Zoning Officer, Orange County, North Carolina,
DO HEREBY CERTIFY that on or about May 6, 1994, I mailed, by
certified mail, postage prepaid, a Notice of the Public Hearing
to be held on the rectuest for rezoning in Bingham Township of a 5
acre parcel from Agricultural Residential to Neighborhood
Commercial-2, 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 6th day of May. 1994.
EMILY CAMERON
ZONING OFFICER i
06