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Home My WebLink AboutAgenda - 08-04-1993 - III-F 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 4 , 1993 Action Agenda Item # za_ F SUBJECT: Z-4-93 MARILYN AND DAVID LINER - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No a ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Application Extension 2580 Vicinity Map Boundary Survey TELEPHONE NUMBERS: Memorandum Hillsborough - 732-8181 Planning Board Findings Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 5/24/93 Public Hearing Chapel Hill - 967-9251/968-4501 Minutes 6/21/93 Planning Board Minutes PURPOSE: To consider 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. 2 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 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 proposed Zoning Atlas amendment was presented for citizen comment at the public hearing on May 24 , 1993 . One citizen spoke in favor of the rezoning. The proposal was referred to the Planning Board for a recommendation to be presented to the . County Commissioners no sooner than August 4 , 1993 . On June 21, the Planning Board considered the proposed rezoning and made positive findings on the ordinance requirements from Articles 4 and 20 (See attachment) . The Planning Board recommended approval. RECOMMENDATION: If the Board of Commissioners approves the findings as recommended by the Planning Board, the Administration recommends approval of the request for a Zoning Atlas amendment from Residential-1 to Residential-3 . O' 11GE COUNTY , NORTH CAROLINA APPLICA'IJ DN FOR CHANGE OF ZONING DI. RICT 3 • a CEIVE 7 Date : 0 9-3 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 . TO property is located o - he siEST side of S .R # /0O (GR-AIVD- CEA9f) &R-AI's Street Road between S .R . # and S .R . # Nirf • It is� known - - La s) ,, Block _ i' ' of Orange aunty Tax Map o `T'r` - E&K-9 Township . It has a frontage of 7, '1/ feet and a d h of e:577-. /0 feet , end contains �eP square feet or "f, acres . 2. It is desi Qd and requested that the foregoing property be rezoned from I.1 to ? 3 . .3.- The ..folL.owing information has been _attached ."" in_ support of the application for changing the Zoning Atlas !* — required on all applications) . .a1/A fully dimensioned map et s scale of not less then one 113 inch equals one—hundred (100) feet nor more than one (1) inch equals twenty- 1201 Tut- showing—tile lend which is proposed to be rezoned. 'b.✓A legal description of the land proposed to be rezoned. u e,/r+ statement of Justification addressing one or more of the fot/owing: (11 The alleged error in the Zoning Ordinencs, 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. '(34/The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or pert thereof. *(d)✓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. firs, police, rescue and 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 1500) feat 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 . , / /AppLicent (s) : y�� Address : �t ��i E r lam`. Phone : (9/5' �� k►ol-n4 4 1 Q 1 N , j 2532 0 N !6& ` In 3B 225.3 cr. cr 35.73 AC• \ 1 m CD ,5381 . '� O . r) `, '�N 85o Go° / - 7''--- 86 r 1 —O �: . i• \� �4 // 34 o , �\ '+•.� / /I+� s6 > Ira .,:: 0 I, ��;_ 2 Ac. \ _'' 4( ); ' C. CAL. 3 . ' `,A. A,A, 4'78 40 5 55� s `� �_ .9671— - `',4 4466 O , i5 'TO \ 3.154C 9385 1�� • - : 5A i i ` 5a9 e 4.71 AC 4.1%A.0 4;1 . 0 •9272 59 Q2 \ 39c. 1 �t / `�'^Fi AC• 1 �, �� p97° 1 Z.5 s 1 -1.0Z 3951. ,- ::.`. :s." j. 7.:1 1{58 1.89 AC t- ',rte►_ 2.59 AC: •� '` _ ,,' 4.- •'�K <;.r 1 940 c-a s,.. ;— a 8 o ‘ {{ el 1® Q43 ® X50= �;•.•, ;, ' 2 22�t.22 42 • • -ti• 1:26„ 1 -.:c-°. •1. •`• - •..,, AC. 11 AC. � AC qC: _? _;...i _� x:;, ;`' 111 • .� � _'2„ ` Wiz_-C. 1 1575 157.5' -� 4291 429t +n•3 .� r ,t• • �i-4-93 �, n N ,N _ y•MARILYN AND DAVID LINER • • • Zoning Atlas Amendment 7 T9.8�,19 g?, N Existing Zoning: f, 07 ' d / WII - (�uscT) .. Proposed Zoninq: R-3/PWII m o Scale: 1" - 400' # y.. . 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Y a�rc.3e, W '8o-.5-3--pro w ` SCALE 111=1—' PHYSICAL SURVEY i+>.l.C�-G y.✓ ....,O u c/E.0 ,t.,.•o I STE'o.l�-PROPERTY OF k/. ,�a.*�/Q ./�F,e '�O�-`� � TOWNSHIP Q•Q•4'4 COUNTY, N.C. • SEAL E�t�/.0T�svTitGEa, ''oit/isio.✓ m.•= r�vE- L-2793 1 �o..".t. .a4NE- .°.QO.4s.ery- ;'�a z-If� (cf::k.,5%-\\\ f� �';: I....•1t1,� I . STEVE F. YUHASZ, L-27,3, CERTIFY THAT UNDER ` _ MY DIRECTION AND SUPERVISION THIS PHYSICAL N I SURVEY WAS DRAWN FROM AN ACTUAL FIELD SURVEY. 1 ALL ,EXISTING CORNEAS WERE LOCATED. THIS PROPERTY IS NOT LOCATED IN THE SPECIAL FLOO:J ();_ ”Vet .5, PLAIN HAZARD AREA, WITNESS MY HAND AND SEAL THISg7Ze0AY OF .t/ .III ge(--e 226 S.Churton St.• Hillsborough, NC 27278 4 1 ORANGE COUNTY PLANNING DEPARTMENT 6 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 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 MEMORANDUM 7 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 8 April 12, 1993 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: Hl 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 BOARD OF COMMISSIONERS PERTAINING TO APPLICATION: Z-4-93 MARILYN AND DAVID LINER 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, indicates non-compliance) PLANNING BOARD BOARD OF RECOMMENDED 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 Boundary survey provided at scale of Yes No property at scale of not less than 1"=100'. 1'=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 co 2 ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING (continued) PLANNING BOARD BOARD OF RECOMMENDED EVIDENCE SUBMITTED COMMISSIONERS FINDINGS 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. 0 3 ARTICLE 4 - DISTRICT STATEMENTS OF INTENT AND APPLICATION CRITERIA PLANNING BOARD BOARD OF RECOMMENDED 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 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 12 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 c 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 request 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 . �LY CAMERON ZONING OFFICER 1 13 the public hearing until 7 : 30 p.m. on August 17 , 1993 to receive the Planning Board recommendation. ., VOTE: UNANIMOUS 4 5 5 . ZONING ATLAS (MAP) AMENDMENTS 6 a. Z-1-93 Economic Development Districts 7 This item was considered under item 4a above. 8 9 b. Z-2-93 Marilyn and David Liner 10 Planner Emily Cameron presented for citizen comments a proposed 11 Zoning Atlas amendment in Efland. The property is located on the west side 12 of 2fland-Cedar Grove Road approximately 650 feet north of US Highway 70 on 13 the south side of McGowan Creek. The total area proposed for rezoning 14 contains 4 . 18 acres . In the adopted Land Use Element of the Comprehensive 15 Plan, the property is designated Ten Year Transition in the Efland Center 16 Commercial-Industrial Node. The current zoning is Residential-1 and Protected 17 Watershed II. The zoning district proposed is Residential-3 . The property 18 does have access to public water and sewer and Efland-Cedar Grove Road is a 19 collector road. 20 21 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS OR MEMBERS OF 22 THE PLANNING BOARD. 23 24 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. 25 v 26 Lindsay Efland spoke in favor of this proposal. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to refer this item to the Planning Board and to adjourn the public 29 hearing until 7 : 30 on August 4 , 1993 to receive the Planning Board 20 recommendation. ' 31 VOTE: UNANIMOUS 32 33 34 6 . ZONING ORDINANCE TEXT AMENDMENTS 35 a . Economic Development Districts 36 This item was considered under item 4a above. 27 38 b. Nursing Homes 25 Planner Emily Cameron presented this item to receive public 40 comment on proposed amendments to the Zoning Ordinance which would create a 41 land use category and development standards for nursing homes . Under the 42 current Zoning Ordinance provisions , a nursing home facility for more than 43 fifteen unrelated individuals must comply with standards for a rehabilitative 44 care facility. The Planning Staff proposes a new land use category and 45 appropriate standards for nursing homes to be included in Articles 4 , 8 , 10 46 and 22 which would allow nursing homes as a Class A Special Use Permit. 47 48 THERE WERE NO QUESTIONS OR COMMENTS BY THE COUNTY COMMISSIONERS, MEMBERS OF 49 THE PLANNING BOARD OR CITIZENS. 50 51 Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to refer this item to the Planning Board and to adjourn the public 14 of Commissioners should have discussion with Durham regarding all of the problems of this property) . 1 abstained (Walters - new member) . MOTION: Burklin moved that Orange County pursue discussions with the City of Durham in this area with respect to establishing systems and assurances that proper procedure and discussion is followed before extension of water and sewer into the County. Burklin further moved to request that discussions be held between Orange County and Durham public safety groups to make sure that this area is adequately covered by public safety standards (police fire and rescue services) . Seconded by Eidenier. VOTE: Unanimous. Burklin asked that an update on this issue be presented to the Planning Board in two months time. Stancil agreed. b. Zoning Atlas Amendments ( 1) Z-2-93 Marilyn and David Liner Presentation by Emily Cameron. 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 Watershed 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 residential. 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 15 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 Road, a collector. In 1991 , the average daily traffic count for SR 1004 was about 2300 trips per day. Under R-3 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 proposed Zoning Atlas amendment was presented for citizen comment at the May 24, 1993, public hearing. One citizen spoke in favor of the rezoning. The proposal was referred to the Planning Board for a recommendation to be presented to the County Commissioners no sooner than August 4, 1993. The Planning Staff recommends approval of the request for a Zoning Atlas amendment from Residential-1 to Residential-3 based on the findings required by Articles 20 and 4 of the Zoning Ordinance. (These findings are attachments to these minutes on pages . ) MOTION: Waddell moved finding in the affirmative of the findings for Article 20. Seconded by Jobsis. VOTE: Unanimous. MOTION: Burklin moved finding in the affirmative of the findings for Article 4 . Seconded by Eidenier. VOTE: Unanimous. MOTION: Boland moved approval as recommended by the Planning Staff. Seconded by Hoecke. VOTE: Unanimous. c. Zoning Ordinance Text Amendments