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HomeMy WebLinkAboutAgenda - 01-04-1993 - III-E 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 4, 1993 Action Agenda Item # Irt-E SUBJECT: HANCOR, INC. REZONING DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Extension 2583 Application Location Map TELEPHONE NUMBERS: Staff Memorandum Hillsborough - 732-8181 Findings of Fact Durham - 688-7331 11/23/92 Draft Public Hearing Mebane - , 227-2031 Minutes Chapel Hill - 967-9251 12/21/92 Draft Planning Board Minutes PURPOSE: To consider a proposed zoning atlas amendment. BACKGROUND: Hancor is a plastic pipe manufacturing facility located on the south side of Highway 70 between Efland and Mebane. The Hancor property contains 15.9 acres, extending from Highway 70 to the Southern Railroad at a depth of about 1100 .feet. The existing structures, which include a 9000 square foot manufacturing building and several metal buildings, all are located on the southernmost 150 ' of the property, adjacent to the railroad. Most of the remainder of the property is used for storage of manufactured materials prior to shipping. Surrounding land uses include undeveloped property to the north, a 9 acre residential lot to the east, additional Hancor property to the south, and the Orange-Alamance Water System to the west. Except for the I-1 Light Industrial zoning of the balance of the Hancor property, the surrounding area is zoned R-1 (Rural Residential) . In 1984, when Cheeks Township was first zoned, 11. 6 acres of the Hancor property was zoned E-I (Existing Industrial) . The zoning lot corresponded with the land area used by Hancor at that time. In 1987, the site was rezoned from E-I to I-1 (Light Industrial) as part of a comprehensive rezoning of Cheeks Township. The change to I-1 was made because the Commercial/Industrial Transition area in the Land Use Plan was expanded to include the Hancor site and thus the I-1 zoning was consistent with the new Land Use Plan designation. 2 After the property was zoned, Hancor expanded the area used for outdoor storage of finished pipe to include the 4. 23 acre area adjacent to Highway 70 which was not zoned for industrial use. This area consists of two lots which were purchased by Hancor in 1979, but were not actually used until after Cheeks Township was zoned. A grading permit was obtained in 1989. However, there was no zoning permit requested or issued. The expansion violated the Zoning Ordinance because the storage was a part of an industrial land use, but occurred on land zoned R-1 (Rural Residential) . Hancor, Inc. is now requesting that the 4 .23 acres adjacent to Highway 70 be zoned Light Industrial, consistent with the remainder of their property. The rezoning will bring the existing outdoor storage area into compliance with the Zoning Ordinance. The Hancor site is within one of the four target areas being analyzed and reviewed by the Planning Board/Economic Development Work Group. The target area is generally bounded by I-85 on the south, the Southern Railway on the north, Buckhorn Road to the west and the Redman Homes facility to the east. A small portion of the target area extends north of the railroad from Buckhorn Road, and to the property just east of Hancor, Inc. The Planning Board/Economic Development strategies include rezoning of the target areas to allow administrative approval of appropriate commercial and/or industrial development. The proposed rezonings will be presented for public hearing in February, and will include the rezoning of all four target areas, as well as specific performance and design standards. Hancor is proposing to expand its manufacturing operation, and construction is scheduled to begin in early 1993 . The applicant preferred to submit a rezoning application independent of the Planning Board/EDC work effort in order to maintain its schedule for development, and not take the risk that development standards will change to the point that the current development plans are not feasible. The rezoning request has been reviewed by Staff and found to comply with the findings necessary for approval of a rezoning request. Property which is zoned I-1 must: 1) be designated as Commercial or Industrial Transition Area in the Land Use Plan, 2) be of a size appropriate to the method of water supply and sewage disposal, and 3) have direct frontage on a collector road or major arterial. /- --9 3 3 All of these criteria are met, and are discussed in more detail in the attached Findings of Fact recommended by the Planning Staff. The proposed rezoning was presented for public hearing on November 23 , 1992 . The Economic Development Director spoke in favor of the proposal. There were no other comments. The Planning Board considered the proposed rezoning on December 21, 1992 and recommended approval. 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APPLICATION FOR REZONING GENERAL INFORMATION Applicant: Hancor, Inc. do Matt Ankrom 401 Olive Street Findlay, OH 45840 Location: South side of Highway 70, about 1200 feet east of Frazier Road. Lot size: 4.23 acres to be rezoned from R-1 (Rural Residential) to I-1 (Light Industrial) Existing Land Use: Outdoor storage associated with manufacturing of drainage products. Surrounding Land Use: North - undeveloped lot (19.7 acres) zoned R-1 East - residential lot (9 acres) zoned R-1 South - undeveloped property zoned R-1 West - outdoor storage by Chandler Concrete and Orange-Alamance Water System zoned R-1 'MEMORANDUM Z-4-92 Hancor, Inc. October 29, 1992 Page 2 Land Use Plan Designation: The site is located within a Commercial/Industrial Activity Node. Zoning: The property is presently zoned R-1 (Rural Residential). The intent of the Light Industrial-I (I-1) District is provided in Article 4.2.21 of the Zoning Ordinance. a) Intent The purpose 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. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Site is located within areas designated by 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 a 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 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 MEMORANDUM 8 Z-4-92 Hancor, Inc. October 29, 1992 Page 3 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 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) J FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT PERTAINING TO APPLICATION: Z-4-92 HANCOR, INC. BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING BOARD RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" indicates compliance; "No" indicates Non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS 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 Property survey submitted Yes No property at scale of not less with application, at scale than 1"=100' nor more than 1"=20'. of 1"=100'. 20.3.2 b) Legal description of _x_Yes No Legal description submitted Yes No property. with application. 20.3.2 c) Explanation of alleged _N/A_Yes No The application states that Yes No error, if any, to be corrected the failure to zone the by proposed amendment property for industrial use when Cheeks Township was first zoned was an error. Hancor owned the property at that time, but had not made use of the portion adjacent to Hwy. 70. Industrial zoning was applied only to the portion that was in industrial use. The Planning Staff does not believe that there is an issue of error since it was the practice to apply Existing Commercial and Existing Industrial designations within the general limits of the existing use. At that time, the two lots in question were entirely wooded, with no indication of imminent use. In fact, expansion onto the lots did not occur until 1989. 20.3.2 d) Changed conditions, N/A Yes No No changed conditions are Yes No if any, which make amendment alleged. reasonably necessary to promote public health, safety and general welfare. 10 ARTICLE 20-SPECIFIC STANDARDS FOR EVALUATION/REZONING (Continued) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 20.3.2 e) Manner in which proposed _x_Yes No The I-1 Light Industrial Yes No amendment will carry out purpose zoning district is permitted and intent of adopted Comprehensive in the Industrial Transition Plan. Activity Node. 20.3.2 f) A traffic impact study _xYes No The property fronts on a Yes No as required by Article 13. major arterial. Extension of the existing I-1 zoning lot will not increase the amount of traffic generated. A traffic impact study is not required. 20.3.2 g) All other circumstances, _x_Yes No The property is located Yes No factors and reasons which the within one of the four applicant offers in support of the target areas being studied proposed Zoning Atlas and/or Zoning by the Planning Board/ Ordinance text amendment. Economic Development Commission Work Group. pgi i- v- -`-'ll ARTICLE 4- DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA ("Yes" indicates compliance; "No" indicates Non-compliance) PLANNING BOARD OF BOARD EVIDENCE SUBMITTED COMMISSIONERS FINDINGS TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 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 Light Industrial-I (I-1) designation. The criteria for this district are set forth in Article 4.2.21 as follows: (a) Site is located within areas _x_Yes No The property is located Yes No designated in the adopted within an Industrial Comprehensive Plan as either an Transition Activity Node. Industrial Transition Activity Node or a Rural Industrial Activity Node. (b) Lot size for individual _x_Yes No The property is served by the Yes No uses shall be appropriate to the Orange-Alamance Water System. method of water supply and sewage Hancor is proposing to extend disposal. the public sewer from the Mebane or Efland system. There is no minimum size limit needed for lots served by public water and sewer. (c) Access would consist of direct. _x_Yes No The Hancor property fronts Yes No vehicular access to streets directly on Highway 70,which designated either arterial or is designated as an arterial collector by the adopted on the Comprehensive Plan. Comprehensive Plan. Access to There is also direct access rail service is desirable but to rail service, which is not required. utilized for the delivery of materials to the site. ORANGE COUNTY PLANNING DEPARTMENT 12 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 4 N ,�j CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Mary Willis, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about November 6, 1992, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request for rezoning in Cheeks Township of 4.23 acres from R-1 (Rural Residential) to I-i (Light Industrial) , 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 November, 1992 . x.\ Y WILLIS ONING OFFICER PA-F $4793 13 Excerpt from minutes of 11/23/92 Public Hearing 1 Comprehensive Plan . The proposal would add language to include a new plan 2 category entitled "Open Space Development Area" . 3 The Land Use Element of the Comprehensive Plan was adopted in 1981 as 1- the Orange County Land Use Plan . In 1989 , the Board of Commissioners recognized the County' s planning policy documents under the guise of a Comprehensive Plan , and the Land Use Plan became the Land Use Element. 7 The Land Use Element is a policy document which guides decision-making 3 on land use related issues . As such , the Element contains a number of land 3 use categories which reflect these goals and policies , and correspond to 3 zoning districts containing development standards . There are currently 19 1 land use categories . The proposed "Open Space Development Area" category would address 3 innovative open space development styles and their evaluation/application 4 under the existing County plan . The amendment is also designed to address 5 concerns regarding the consistency between the Hillsborough-Orange County 5 Cooperative Planning Agreement and the Comprehensive Plan . 7 3 QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS AND PLANNING BOARD 3 3 COMMISSIONER GORDON asked if this proposed amendment will go to 1 Hillsborough for their review? Marvin Collins indicated that would not be a 2 normal part of this procedure but it could be given to them for review. 3 Commissioner Gordon asked that they have an opportunity to review it. She 4 also suggested that the RCSC review the citizen comments and separate the 5 strategies into rural and urban. 5 7 COMMISSIONER INSKO asked that the Planning Board take citizen comments 3 into consideration in their recommendation. 3 3 QUESTIONS AND COMMENTS FROM CITIZENS : None 3 A motion was made by Commissioner Willhoit, seconded •by Commissioner Halkiotis, to adjourn the public hearing until 7 : 30 on January 4, 1993 at the 5 County Courthouse , Hillsborough , N . C . , to receive the Planning Board ' s S recommendation. 7 VOTE: UNANIMOUS 3 3 1113. ZONING ATLAS AMENDMENTS a. Z-4-92 Hancor , Incorporated This item was presented by Mary Willis to consider a proposed • zoning atlas amendment. Hancor is a plastic pipe manufacturing facility 3 located on the south side of Highway 70 between Eflartd and Mebane . The 4 Hancor property contains 15 . 9 acres , extending from Highway 70 to the Southern Railroad at a depth of about 1100 feet. The existing structures , 3 which include a 9000 square foot manufacturing building and several metal buildings , are all located on the southernmost 150 ' of the property , adjacent • to the railroad . Most of the remainder of the property is used for storage of manufactured materials prior to shipping . Surrounding land uses include undeveloped property to the north , a 9 acre residential lot to the east , additional Hancor property to the south, and the Orange-Alamance Water System to the west. Except for the I-1 Light 14 1 Industrial zoning of the balance of the Hancor property; the surrounding area 2 is zoned R-1 (Rural Residential ) . 3 In 1984 , when Cheeks Township was first zoned, 11 . 6 acres of the- Hancor 4 property was zoned E-I ( Existing Industrial ) . The zoning lot corresponded 5 with the land area used by Hancor at that time. In 1987 , the site was 5 rezoned form E-I to I-1 ( Light Industrial ) as part of a comprehensive 7 rezoning of Cheeks Township . The change to I-1 was made because the B Commercial /Industrial Transition area in the Land Use Plan was expanded to 9 include the Hancor site and thus the I-1 zoning was consistent with the new J Land Use Plan designation . 1 After the property was zoned , Hancor expanded the area used for outdoor 2 storage of finished pipe to include the 4 . 23 acre area adjacent to Highway 70 3 which was not zoned for industrial use . This area consists of two lots which 4 were purchased by Hancor in 1979 , but were not actually used until after 5 Cheeks Township was zoned . A grading permit was obtained in 1989 . However , 5 there was no zoning permit requested or issued . The expansion violated the 7 Zoning Ordinance because the storage was a part of an industrial land use , B but occurred on land zoned R-1 (Rural Residential ) . 9 Hancor , Inc. is now requesting that the 4. 23 acres adjacent to Highway 70 be zoned Light Industrial , consistent with the remainder of their 1 property. The rezoning will bring the existing outdoor storage area into 2 compliance with the Zoning Ordinance. 3 The Hancor site is within one of the four target areas being analyzed 4 and reviewed by the Planning Board/Economic Development Work Group . The 5 target area is generally bounded by I-85 on the south, the Southern Railway 5 on the north , Buckhorn Road to the west and the Redman Homes facility to the 7 east. A small portion of the target area extends north of the railroad from B Buckhorn Road , and to the property just east of Hancor, Inc. 9 The Planning Board/Economic Development strategies include rezoning of J the target areas to allow administrative approval of appropriate .commercial 1 and/or industrial development. The proposed rezonings will be presented for 2 public hearing in February, and will include the1.rezoning of all four target areas, as well as specific performance and design standards. Hancor is proposing to expand its manufacturing operation, and 5 construction is scheduled to begin in early 1993 . The applicant preferred to submit a rezoning application independent of the Planning Board/EDC work effort in order to maintain its schedule for development, and not take the risk that development standards will change to the point that the current 3 development plans are not feasible . The rezoning request has been reviewed by Staff and found to comply with the findings necessary for approval of a rezoning request. ? Property which is zoned I-1 must: 3 1 . be designated as Commercial or Industrial Transition Area in the 4 Land Use Plan , 5 2 . be of a size appropriate to the method of water supply and sewage 5 disposal , and 7 3 . have direct frontage on a collector road or major arterial . 3 All of these criteria are met, and are discussed in more detail in the 9 Findings of Fact recommended by the Planning Staff . QUESTIONS AND/OR COMMENTS FROM THE BOARD OF COMMISSIONERS , PLANNING BOARD AND 2 CITIZENS i- 9 _q 3 1 TED ABERNATHY, Director of Economic Development" indicated that this 2 proposal has been endorsed by the Economic Development Commission. J 4 A motion was made by Commissioner Willhoit, seconded by Commissioner 5 Gordon, to adjourn the public hearing until 7 : 30 on January 4 , 1993 at the 5 Old County Courthouse , Hillsborough, N . C. to receive the Planning Board 7 recommendation . 3 VOTE: UNANIMOUS 3 D ADJOURNMENT 1 There being no further items for consideration , Chair Carey adjourned 2 the meeting. The next regular meeting will be held on December 7 , 1992 at 3 7 : 30 p. m. in the courtroom of the Old County Courthouse in Hillsborough , 4 North Carolina. J J 7 Moses Carey, Jr. , Chair 3 Beverly A. Blythe, Clerk • • • • 16 c. Zoning Atlas Amendment ( 1) Z-4-92 Hancor, Incorporated Presentation by Mary Willis. Hancor is a plastic pipe manufacturing facility located on the south side of Highway 70 between Efland and Mebane. The Hancor property contains 15.9 acres, extending from Highway 70 to the Southern Railroad at a depth of about 1100 feet. The existing structures, which include a 9000 square foot manufacturing building and several metal buildings, all are located on the southernmost 150 ' of the property, adjacent to the railroad. Most of the remainder of the property is used for storage of manufactured materials prior to shipping. Except for the I-i Light Industrial zoning of the balance of the Hancor property, the surrounding area is zoned R-1 (Rural Residential) . In 1984, when Cheeks Township was first zoned, 11.6 acres of the Hancor property was zoned E-1 (Existing Industrial) . The zoning lot corresponded with the land area used by Hancor at that time. In 1987, the site was rezoned from E- 1 to I-1 (Light Industrial) as part of a comprehensive rezoning of Cheeks Township. The change to I-1 was made because the Commercial/ Industrial Transition area in the Land Use Plan was expanded to include the Hancor site and thus the I-1 zoning was consistent with the new Land Use Plan designation. After the property was zoned, Hancor expanded the area used for outdoor storage of finished pipe to include the 4.23 acre area adjacent to Highway 70 which was not zoned for industrial use. This area consists of two lots which were purchased by Hancor in 1979, but were not actually used until after Cheeks Township was zoned. -A grading permit was obtained in 1989. However, there was no zoning permit requested or issued. The expansion violated the Zoning Ordinance because the storage was a part of an industrial land use, but occurred on land zoned R-1 (Rural Residential) . Hancor, Inc. is now requesting that the 4 .23 acres adjacent to Highway 70 be zoned Light Industrial, consistent with the remainder of 17 their property. The rezoning will bring the existing outdoor storage area into compliance with the Zoning Ordinance. The rezoning request has been reviewed by Staff and meets all of the requirements in the findings of fact. The proposed rezoning was presented for public hearing on November 23, 1992 . The Economic Development Director spoke in favor of the proposal. There were no other comments. The Planning Staff recommends approval of the proposed rezoning. MOTION: Waddell moved agreement with the Planning Staff findings. Seconded by Reid. VOTE: Unanimous. MOTION: Burklin moved approval of the proposed rezoning. Seconded by Gray. VOTE: Unanimous.