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Home My WebLink AboutAgenda - 05-24-1993 - C 5b 161 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 24 , 1993 Action Agenda Item # C 5b SUBJECT: Z-4-93 MARILYN AND DAVID LINER - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Application Extension 2580 Vicinity Map Boundary Survey TELEPHONE NUMBERS: Memorandum Hillsborough - 732-8181 Planning Staff Findings Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment in Efland. BACKGROUND: The property in question is located on the west side of Efland-Cedar Grove Road (SR 1004) approximately 650 feet north of US Highway 70 on the south side of McGowan Creek. The total area proposed for rezoning contains 4. 18 acres and is described as Lot 33 , Block A, of Tax Map 31 in Cheeks Township. In the adopted Land Use Element of the Comprehensive Plan, the property is designated Ten Year Transition in the Efland Center Commercial-Industrial Node. The current zoning is Residential- 1 and Protected Water- shed II (Upper Eno) . The zoning district proposed is Residential-3 ; the PWII designation will remain in place. Adjacent property to the south is residential and a cemetery. To the east and west, land use is residen- tial. Across McGowan Creek to the north is the Efland Mill zoned Industrial-1. The property has access to public water and sewer service. There is an existing water line along Efland- Cedar Grove Road which is serviced by Orange-Alamance Water System. The existing sewer main is adjacent to McGowan Creek on the north side of the tract. The lot has direct access to Efland-Cedar Grove Road, a collector. In 1991, the average daily traffic count for SR 1004 was about 2300 trips per day. Under R-3 16 `' 2 zoning, the maximum number of residential units _ allowed would be twelve (12) , resulting in an additional 120 trips per day on Efland-Cedar Grove Road. Because the property is in the Upper Eno Protected Watershed and has access to public water and sewer, the maximum impervious surface allowed would be thirty percent (30%) . A stream buffer based on slope is required adjacent to the 100-year flood plain on McGowan Creek. The Sheriff, EMS, fire protection, water, and sewer service providers have each responded that service is available to the property in question. The Planning Staff findings as required by Article 20 and Article 4 of the Zoning Ordinance are included in the attachments. RECOMMENDATION: Article 20.3 . 3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within thirty days of receipt of an application. The 30-day period may be extended up to sixty 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's Recommendation The Zoning Officer has reviewed the application, the boundary survey, and all supporting documentation and has found that the Zoning Atlas amendment will carry out the intent and purpose of the adopted Comprehen- sive 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 either by the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has sixty 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 Board of Commissioners adjourn the public hearing until 7:30 on August 2, 1993, at the Old County Courthouse, Hillsborough, NC, to receive the Planning Board recommendation. 0 GE COUNTY , NORTH CAROLINA APPLICADN FOR CHANGE OF ZONING CI RICT 1 Date : -.J/36/ 93 LrV.� 3o9� ` 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 . J 1 . TtLe property is located o — he th/EST side of S . R # /0b ct-FLANb- eEw &RiaE Street Road between S .R . # • and S . R . # Nij°T' . It is known LoL s) Block _ of Orange County Tax Map — EE-KS Township . It has a frontage of -1, feet and a ,depth of 7:32/X /0 feet , and contains square feet or 'Y. /8 acres . 2. It is desi d and requested that the foregoing property be rezoned from J� to 2.- The -.falLawing information has been _ attached -in_. support of the application for changing the Zoning Atlas t* — required on all applications) . • 'a✓A fully dimensioned sap at s scale of not Lass than one (1) inch • equals one—hundred (1001 feet nor more then one (1) inch *quell& twenty-- wenty- t203 Teat - showing--- the land which is proposed to be rezoned. 'b.✓A legal description of the land proposed to be rezoned. 'c./1C statesent of justification addressing one or more of the following: (1) 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 will correct the error. (2) The changed or changing conditions, if any, in the ores or in the County generally, which sake the proposed amendment reasonably necessary to the promotion of the public health, safety end general welter,. '134/The canner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use plan or pert thereof. '(4)/ALL other circumstances, factors and reasons which the • applicant offers in support of the proposed amendment including, but no: Halted to, documentation from service egencias (e.g. firs, police, rescue end utilities agencies) assuring services provision capability to the development. d. A list of all individuals, firms or corporations owning property adjoining or within five hundred (500) feet of the property sought for rezoning is attached. The list is current as of . (Data) I certify that all information furnished in this application is accurate to the best of my knowledge . Aor Applicant (s) : Address : ( �� " ' Phone : (9/ti' 1 \ 164 � 253� c 1 38 O 6 1 � 2 25.3 i. L ,o .73 AC' ,� CO 35 N m ,53g1 , , f • ef rP cr � • • 3�4 p , �.\ .4e. , t 363'l' - 1�Q ®712 ' � " 2 AC. , .�� \ 'o,S C. CAL. \ '• 4.4, • R. • ••:: 5•55AC' 4.78 6 _ - X14 CD 1 1 . t_ _ 6 i5 25 `11�; 1 3.15AC 9385 �1 1 - irti sa 1 z 5 A 4.71 AC. Ofis .1: . ey • 5139 `l• is .9272 59 Q2 �1\33c. � 097033� 2.51 AC' ,, 158 s 6a G\ -1.02 v'3951',, / 3 -...-11141 1.89 A �. 2.59 AC:, ' ' ' " y_ �� 1 - \ 8940 ex ' r'x� 1 ®1 F • 2s s 1 0 •5743 "' ` � 32 . x ; �'{;4 1 • 22211F.22 4.2 AC • \ 1�-�; ;`': To j• I /+ 1 IAC. • 1:26 .i. Z• :• . " ��.`� s., tf t % 1 _ WY• g: tin 1 1 1575 ■151,5' - �r r 4Z9t:, =�,-,_~ ;- - -,.,,:. �` 42-9i 42.9 '' 42.91 ''''.& :'. TO ice' _ _ - --- 42.91 a9 , met'',� ..:. 34 33 32 30 ,� 1 X, N - iv -iv C ti -4 N ' N • r? • •Q. 'IT.. . ' • ' ' Z-4-93 MARILYN N N' - - AND DAVID LINER n n' 1 Ca •N N . . - ,. Zoning Atlas Amendment 7279.8.,19 Z• : ;i•Existing Zoning: R-1/PWII ° , 828 .pT � �� (11J5MTx ;•Proposed Zoning: R-3/PWII a - Scale: 1" _ 400 °. - . • y: • • N\ o � ■ o .. 0 a c :. ;� m � a W .• 'm b o' a - 00.14 « 64 I' / 1 J J •`' �. —a �7�.IT�7vT�TLEd e'-�: =��vT.de�GYZir Zo' \ v es.E'Y- E••<G fNO G'.•SECS 77,►��.v .✓/ice , a ;1� , ` 1� S^4.v/T.4,eY �.✓E.e f./c'- '..7:4c- -,tc , -,-1./r 2-<9-osl\\'T \�V `-co 89.7�C w . .„, i f 01----r ^ c6o,... ' CE'EE.t' ',) tx I e.'s- c:,,7e...se..., `., \ �\' �E45SE Ei�/T� �f vc 7 4.1 s--_ "S G-3-/-/Z . Al N 747 S.c %rf� ^ .R/// i ,V / ,;) ?RoPoS.p Fog \.1 REzoxi/,uq D Z M t\\ ‘ N ti■o 1 „�,. w ce t4B Ai/Z .1.. 'A i /S cEA/rE.P/.■,/e- o.c ',go .:53-vrQ w SCALE I": / ' 1 PHYSICAL SURVEY "..,c,,,:,, jI PROPERTY OF st/. .Q'di� G�rc%c� SEAL))? + t e'-'/ -� TOWNSHIP c+.P.1 COUNTY, N.C. s f EAL E _- -E'��/.�T c vrisGEG, ' 4,/!//S/o.✓ o.�T ..."-:4"e- S L-2793 . r F Y 3'' II , STEVE F YUHASZ, L.27,3, CERTIFY THAT UNDER I MY DIRECTION AND SUPERVISION THIS FHYSICAL AENT i SURVEY WAS DRAWN FROM AN ACTUAL FIELD SURVEY. 1 ALL ,EXISTING CORN£r5 WERE LOCATED. THIS ! PROPERTY IS NOT LOCATED IN THE SPECIAL FLOOD P ,- !1�` )__ 7'r,I— I PLAIN HAZARD AREA WITNESS MY HAND. AND SEAL THISfF7ZrDAY OF .✓ ,I� I SIE$ 226 S. Churton St. • Hillsburuugh, NC 27278 .. ... - 732.6262 166 ORANGE COUNTY PLANNING DEPARTMENT 167 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 •K' 'rl t j11\,e MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: APRIL 12, 1993 SUBJECT: Z-4-93 MARILYN AND DAVID LINER GENERAL INFORMATION APPLICANTS: Marilyn Efland Liner & W. David Liner 118 Efland-Cedar Grove Road Efland, NC 27243 LOCATION: West side of Efland-Cedar Grove Road (SR 1004), approximately 650 feet north of US Highway 70, south side of McGowan Creek LOT SIZE: 4.18 acres EXISTING LAND USE: Undeveloped, with sewer pump station SURROUNDING LAND USE: NORTH - McGowan Creek, Efland Feed Mill EAST - Efland-Cedar Grove Road, undeveloped land zoned R-1/PW II SOUTH - Owners' residence, cemetery WEST - McGowan Falls subdivision COMPREHENSIVE PLAN LAND USE DESIGNATION: Ten Year Transition in the Efland Center Commercial-Industrial Activity Node Water Supply Watershed 1 �, MEMORANDUM April 12, 1993 Page 2 ZONING: The property is currently zoned Residential-1 with a Protected Watershed II overlay district (Upper Eno). The intent of the Residential-3 (R-3) District is provided in Article 4.2.4 of the Zoning Ordinance. Intent The purpose of the low and medium intensity Residential (R-2, R-3, R-4) Districts is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at the site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. The following is the list of permitted uses in R-3: Hla Large Day Care Home H2 Single-family Dwelling H3 Two-family Dwelling H4 Multi-family Dwelling H5 Mobile Home H6 Family Care Home H12a Temporary Mobile Home Accessory Uses P2 Botanical Gardens and Arboretums P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services P14 Parks, Public and Non-profit P19 Schools: Elementary, Middle and Secondary P24 Governmental Facilities and Office Buildings P25 Water and Sanitary Sewer Pumping Stations S35 Recreational Facilities (Profit/Non-profit): Golf Club and Golf Club Countryclub MEMORANDUM April 12, 1993 16 Page 3 The following use is allowed with a Class A Special Use Permit: P16 Public Utility Stations and Substations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: H1 Day Care Facility, other than Large Day Care Home H7 Group Care Facility H12 Temporary Mobile Home (Custodial Care) P3 Portable Buildings P6 Cemetery P8 Community Center P17 Radio and Television Transmitting and Receiving Towers and Elevated Water Storage Tanks P22 Transmission Lines S34 Recreational Facilities (Non-Profit) 1 FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: Z-4-93 MARILYN AND DAVID LINER c BASED ON THE APPLICATION MATERIAL 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 EVALUATION/REZONIN ("Yes" indicates compliance "No" indicates non compliance) PLANNING STAFF PLANNING FINDINGS BASED BOARD ON SUBMITTED EVIDENCE SUBMITTED RECOMMENDED APPLICATION 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 Boundary survey provided at scale of Yes No property at scale of not less than 1"=100'. V=100" nor more than I"=20' 20.3.2 b) Legal description of _x—Yes No Description provided with application. Yes No property 20.3.2 c) Explanation of alleged _x—Yes No The applicant is not indicating an Yes No error, if any, to be corrected alleged error. by proposed amendment 2 ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING (continued) PLANNING STAFF PLANNING FINDINGS BASED BOARD ON SUBMITTED EVIDENCE SUBMITTED RECOMMENDED APPLICATION TO SUPPORT FINDINGS FINDINGS Ordinance Requirements 20.3.2 d) Changed conditions, if any, —X—Yes No The applicant has indicated that water Yes No which make amendment reasonably and sewer lines now serve this area. necessary to promote public health, Two major interstates, 85 and 40, access safety and general welfare. this area and the property has direct frontage on a collector. As the area becomes more urbanized and the resulting residential growth occurs, this medium intensity residential development will meet the needs of the population. 20.3.2 e) Manner in which proposed —x—Yes No The property is located in a 10-year Yes No amendment will carry out purpose Transition Area. This designation in and intent of adopted Comprehensive the Comprehensive Plan indicates that Plan. the area is in the process of changing from rural to urban. It is suitable for urban type densities and should be provided with public utilities and services within the first 10-year phase of the Plan. Water and sewer service is presently available to the site. 3 ARTICLE 4 - DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA ~ .,z PLANNING STAFF PLANNING FINDINGS BASED BOARD ON SUBMITTED EVIDENCE SUBMITTED RECOMMENDED APPLICATION 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 Residential-4 designation. The criteria for that district are set forth in Article 4.2.8 as follows: (a) Designated by the adopted _x—Yes No The property is located in an area Yes No Comprehensive Plan as a designated Ten-Year Transition. Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. (b) Water and sewer lines _x—Yes No The applicant indicates that water Yes No should exist at site or and sewer lines exist at the site. be assured of installation as part of the development process. (c) Vehicular access must _x—Yes No The property has direct access to Yes No consist of direct access Efland-Cedar Grove Road (SR 1004) to a street classified as which is classified as a collector either arterial or collector in the Comprehensive Plan. as designated by the adopted Comprehensive Plan. ORANGE COUNTY PLANNING DEPARTMENT 17 3 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278., ,, wm i i:41 t,,ti.,„ CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Emily Cameron, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 7, 1993 , I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the Marilyn and David Liner rectuest for rezoning of a 4 . 18-acre parcel in Cheeks Township from Residential-1/PW-II to Residential-3/PW-II, 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 7th day of May, 1993 . : 4-&LY CAMERON ZONING OFFICER 14