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HomeMy WebLinkAboutAgenda - 11-01-1993 - VIII-E ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 1. 1993 Action Agenda Item # E SUBJECT: ADVERTISEMENT - November 22, 1993 PUBLIC HEARING DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S): INFORMATION CONTACT: Proposed Legal Notice Mary Willis Proposed Public Hearing Items Extension 2583 Application Materials TELEPHONE NUMBERS: Hillsborough-732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider the legal notice for the quarterly public hearing scheduled for November 22, 1 993. BACKGROUND: The next regular quarterly public hearing is scheduled for November 22, 1993. The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the November 22, 1993 public hearing include the following: 1. Zoning Atlas Amendments (a) Z-5-93 Little River Township (Revisions for additional non-residential uses) (b) Z-6-93 Cedar Grove Township (Revisions for additional non-residential uses] (c) Z-8-93 Old 86 Limited Partnership (d) Z-9-93 First South Bank, Inc. NOTE - Items 1(a) and 1(b) are intended to insure that proper zoning classifications are applied to existing non-residential uses. 2 Zoning Ordinance Text Amendments (a) Article 6.23 Extra Requirements for Watershed Protection Overlay Districts (Lot size and impervious surface provisions in Back Creek Watershed) Approval of the notice will permit advertisement on November 10 and November 17, 1993 as required by the N.C. General Statutes. The proposed amendments will 2 require notification of individual property owners within 500' of affected properties, and all property owners in Back Creek Watershed. The notice must be mailed on or before November 5, 1993. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for November 22, 1993. 3 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ZONING ATLAS AND ZONING ORDINANCE FOR ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240, 323 and 343, and Article 20, Section 20.5 and 20.6, and Articles 2.2.12 and 2.2.13 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, November 22, 1993 at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY ZONING ATLAS 1. Z-5-93 Little River Township (Revision) a. Zoning to appropriate commercial zone - Scattered commercial properties located within the in the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. b. Zoning to Existing Commercial District (EC-5) Scattered commercial properties located outside of the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. c. Zoning to Existing Industrial District (E-I) - Scattered industrial properties. 2. Z-6-93 Cedar Grove Township (Revision) a. Zoning to appropriate commercial zone - Scattered commercial properties located within the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. b. Zoning to Existing Commercial District (EC-5) - Scattered commercial properties located outside of the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. 1 4 c. Zoning to Existing °; District (E-I) - Scattered indu properties located outside of the Land Use Element of the Orange Count nprehensive Plan Rural Industrial Activity Node. Large-scale maps showing the various non-residential zoning districts proposed are available for public inspection at the Orange County Planning Department. 3. Z-8-93 Old 86 Limited Partnership The property in question is located southwest of Cornwallis Hills Subdivision and will have access to Oakdale Drive (SR 1133) and Old Chapel Hill-Hillsborough Road (SR 1009) through Cornwallis Hills. The parcel is 48.68 acres in size and is specifically described as Lot 1, Block C, of Tax Map 42 in Hillsborough Township. The property is designated as 10-Year Transition Area in the Land Use Element of the Comprehensive Plan. The 10-Year Transition Area Land Use Plan Designation permits rezoning to low and moderate residential densities up to four dwelling units per acre. The current zoning designation of the property is R-1 w, residential. The proposed zoning designation is R-4 Residential. A portion of the property is in the Major Transportation Corridor (MTC) overlay district. 3. Z-9-93 First South Bank, Inc. The property in question is located on the south side of Southern Drive (SR 1317) west of Mt. Willing Road (SR 1120). The proposed area to be rezoned is six (6.0) acres in size. The property fronts on Southern Drive for a distance of 320 feet and is specifically described as part of Lot 2A, Block F, of Tax Map 40 in Cheeks Township. The property is designated as Commercial-Industrial Transition Area in the Land Use Element of the Comprehensive Plan. The Commercial-Industrial Transition Area Land Use Plan Designation permits rezoning to commercial and industrial zoning districts. The current zoning designation of the property is R-1 Rural Residential with overlay districts of Protected Watershed II and Major Transportation Corridor (MTC). The proposed zoning designation is I-1_ Industrial with overlay districts of Protected Watershed II and Major Transportation Corridor (MTC). ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS The proposed text amendments to the Orange County Zoning Ordinance are as follows: 1. Article 6.23 - Extra Requirements for Watershed Protection Overlay Districts. The standards contained within Article 6.23 apply to 13 watershed protection overlay districts for the purpose of protecting public drinking water supplies in a manner at least as restrictive as that mandated by the Environmental Management Commission in carrying out the provisions of the Watersupply Watershed Protection Act of 1989. 2 5 The proposed changes, which affect the Back Creek watershed overlay district (BACK-PIN) are described as follows: Article 6.23.5 The maximum density specified for the Back Creek watershed is proposed to be changed from "1 dwelling unit/acre" to "Maximum density is as permitted by the underlying zoning district. " Article 6.23.6a1 Residential development is proposed to be subject to a 30% impervious surface limit, with stormwater detention ponds (BMPs) required when impervious surface exceeds 12%. Article 6.23.6a2 Non-residential development is proposed to be subject to an impervious surface limit of up to 70%, with BMPs required when impervious surface exceeds 12%. Article 6.23.10e The minimum stream buffer width for residential developments with a density greater that one dwelling unit/acre is proposed to be 100 feet. The specific text amendments described in this notice are available for review at the Orange County Planning Department. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: November 10, 1993 November 17, 1993 3 ORANGE COUNTY , NORTH CAROLINA 6 APPLICATION FOR CHANGE OF ZONING DISTRICT Date : October 4, 1993 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 south side of S . R . # 1226 ( Lafayette Drive Street/Road ) between S .R . # 1133 and X XPIXX'( I-40 It is known as Lot ( s ) 1 , Block C , of Orange County Tax Map 42 — Hillsborough Township . It has a frontage of 140* feet and a depth of (varies) feet , and contains 2, 120,500 square feet or 48.68 acres . 2. It is desired and requested that the foregoing property be rezoned from R-1 to R-4 . 3 .- The -following information has been _ attached . .in._ support of the application for changing the Zoning Atlas (* — required on a l l applications) . *a. A fully dimensioned sap at a scale of not less than one (1) inch e quals one—hundred (100) fast nor more then one (1 ) inch equals twenty (20, feet ahowing--tlte lend 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: (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 area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of.the public health, safety and general welfare. *(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. *(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. 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 (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 . Ol-d 86 Limited Partnership Applicant ( s) : Melvin F i. -1- . 1 Partner Address : - - 4-/L' Address: 415 Clayton Rd, Chapel Hill . NC 27514 -- - - Phone : (919) 929-2255 * 140 feet road frontage consists of two 70' Right-of-Way stubouts to the property. REZONING REQUEST CHECKLIST OWNER'S NME Old 86 Limited Partnership ADDRESS 415 Clayton Road, Chapel Hill , NC 27514 Current zoning R-1 Total number of acres 48-68 Current land use Undeveloped Type of rezoning requested R-4 Proposed land use Residential Lots Tax map # 42 Block # C Number of lots 1 Proposed Water Supply: Public X Community Individual Proposed Sewage Treatment: Public X Community Individual septic tank Access onto state road 11 1226* Average daily traffic count on the state road ±1000 Describe existing critical areas: Flood prone areas small area in southeast corner Poorly drained areas general low area along NE property linestreams Along NE property line other sensitive areas several natural drainageways with hilly -topography Describe land uses in: General Area Low to medium density residential or undeveloped Adjacent parcels of land To the north and east- Cornwallis Hills Subdivision; To the south- undeveloped land proposed for the Economic Development District; To the west; undeveloped land. * SR 1226 is Lafayette Drive, which is the main entrance to Cornwallis HIlls off Old NC 86 (SR 1009) . Sweet Gum Drive intersects Lafayette Drive in two locations and stubs out to this property in two locations, for eventual looping, Sweet Gum Drive will also provide a direct street connection -to Oakdale Drive (SR 1133) . Sweet Gum Drive is not currently a State-maintained road, but the appli- cation for such State maintenance has been submitted to NC Department of Transportation and is pending final approvals. v MEL RASHKIS GRL CRS REALTOR 8 October 4, 1993 TO THE BOARD OF COUNTY COMMISSIONERS • ORANGE COUNTY,NORTH CAROLINA This letter is submitted in support of the application to change the zoning of a fifty (50) acre parcel of land-adjoining the existing subdivision of Cornwallis Hills located on Old 86 Highway. between I40 and I85. . As the developer of Cornwallis Hill,a subdivision of approximately 120 fully developed homesite with over 100 occupied homes;i t is our intention to develop the remaining 50 acres of the original, tr..act..in a a-imi.har plan. Because:of the topography of the 50 acres, it will be;difficult to lay out the same 100 ft.min.lot sizes we have in the dd section,of `our. development and we are advised by our planners, :. a land-,would lend itself. to better. •planning'if it •were `in an ,R4 zone. us .would enable us to avoi"d some of• the difficult -areas_ of the :property and;wi th a•,sl ightl y " higher density, utilize the more developable areas to achieve the same number of homesito as we could with the R3-zoning'.we now have•tin the old section of the subdivision: • The roads,water and sewer services in 'Cornwal1is`Hi1ls were designed to accommodate the needs of the-•remaining 50 acre parcel. -Development of 23. lots on the adjacent property, byOakdale Associates,opens .a. second'entrance _. ' to Cornwall,s Hills and provision was made for access to the 50 acres from both. the Oakdale property.and from the existing ' ornwallis ,Hills.- If .additional information is desired in connection w, • `i L.rlis application, •• please contact me= at 929=2255 or at the address-below._-Thank you for. your . _ consideration of.this request: _ Sin erely, Melvin F. ashkis,General Partner Old 86 Limited .,Partnership ■ • 415 Clayton Road Chapc!Hill,North Carolina 27514 . (919)9 8 5 gag. 1 ---, _:,-r .7.---- MAp - 44 • L `. 1133 1__1. / �� • .__ ._ ----- • _ _ -_ SEE MAP 42E - CORNWALLIS HILL`. - /oT �\ PH j r LAFAYEI It'" __MAP 4 2 E 4/ \ \ c SEE 42F . -- P H 3A S 3B PEP'�� \;.d.\ VA ?SON RD PH 2 CORNWALUS HILLS/ CAF~ - 2 ,.1:•4A-A-- --7q-77 E °- C'D II 1l r�� •7147 \\ • II 1.63AC• 2 \\ o Sr - \ \ ■ \\ \ \\ 1 __4 , 1 ORANGE COUNTY N.0 . J 1_J7 NUMBER 'S NGE COUNTY , NORTH CAROLINA 10 APPLI!: 3N FOR CHANGE OF ZONING DISTRICT • Date : Sept. 27, 1993 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 Locat d on the South side of S . R . #1317 ( Southern Drive Street/Road) between S .R . # 1120 and S .R . # 1316 It is known as Lot ( s ) 2A , Block F , of Orange County Tax Map 40 — Cheeks Township . It has a frontage of 320.86 feet and a depth of 660+ — feet , and contains square feet or 6+ — acres . 2 . It is desired and requested that the foregoing property be rezoned from R-1 to I-1 . Z .- The -following information has been _ attached .in__- support of the application for changing the Zoning Atlas (* — required on all applications) . *a. A fully dimensioned sap at a scale of not less then one (13 inch equals one—hundred (100) feet nor more then one (1) inch equals. twenty- i201 feet--showing --tte - land --which is proposed to hs rezoned. *b. A Legal description of the land proposed to be rezoned. 'c. A statement of justification addressing one or more of the following: (1) The alleged error in k , ping Ordinance, if any, which would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas end 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 end general welfare. '(3) The manner in which the proposed amendment will carry out the intent end 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 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 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 (Date) - I certify that all information furnished in this application is accurate to the best of my knowledge . Applicant ( s) : FirstSouth Bank Attention: Trov Woodard Address : 832 S. Main Street Graham, NC 27253 Phone : (919) 570-6030 REZONING REQUEST CHECKLIST OWNER'S NAPE FIRSTSOUTH BANK ADDRESS 832 S. MAIN STREET GRAHAM NC 27253 Current zoning R-1 Total number of acres 6 AC+— Current land use Industrial /pasture Type of rezoning requested I-1 Proposed land use Industrial Tax map # 40 Block # F Number of lots 2A Proposed Water Supply: Public x Community Individual Proposed Sewage Treatment: Public Community Individual septic tank x Access onto state road # 1317 Average daily traffic count on the state road Describe existing critical areas: Flood prone areas Poorly drained areas Streams Other sensitive areas Describe land uses in: General Area Pasture, Industrial, Residential Adjacent parcels of land Industrial Residental N SCHEDULE 1 - APPLICATION FOR CHANGE OF ZONING DISTRICT 12 C.3. The land is located in a Commercial-Industrial transition area. Rezoning the property to I-1 would satisfy the Orange County comprehensive land use plan adopted on September 2, 1981 for ten year transition of Commercial/Industrial property. C. 4. 1 . Currently parcel 3.36 A.2 is zoned I-1. The site is 80 X 160 (12,800 Sq. Ft. ) & contains a 13, 301 Sq. Ft. Industrial Building. The present occupant is U.S. Dutch, Inc. The driveway & loading dock areas are zoned R-1. The properties in question are 3.36 A.2 & adjoining parcel 3.40.F.2A. In order to have any realistic use, sale, or expansion of the building, some additional land would need to be rezoned I-1. 2. Southern Drive runs along the Southern Railway right of way. There is availability of rail if needed. 3. Southern Drive is not designated as an arterial or collector road, however it does intersect with Mt. Willing Road which does. Mt. Willing Rd. is approximately 758 feet from the subject property. 4. Four parcels separate the subject property from Mt. Willing Rd. They are described below: Parcel Zoning (1) Corner Lot 3. 36. A.6 LC-1 (2) 3.36. A.5 R -1 (3) 3.36. A.4 NC-4 (4) 3.36. A. 3 - Local Commercial 5. Across the street from the subject property adjacent to the railway is an agricutural distribution center. 6. On the other side of the railroad is Sr#1332. Forrest Drive, which contains several Industrial properties. Behind Forrest Drive is Hwy 70 which also contains Industry. 7. The Efland Volunteer Fire Department is located around the corner on Mt. Willing Rd. 8. The subject property is served by public water & present employment at the present Industrial Property does not require public sewer. In conclusion that Southern Drive has been Historically Industrial. Our request is to legitimatly reflect Industrial use by rezoning. Some level of expansion should not significantly impact the traffic oh Southern Drive. I hope that this information has been helpful in describing the Southern Drive area. Thank you for your consideration of this rezoning request. Sincerely, Troy W. Woodard, Jr. 13 - - , 1.0:1■Kraltred Pont A 1— •• — • — • __.— _ -,--..:- _ ----- ••'• 1%. SOUTHERN DRIVE i. I F .•••••••-!'!:" ' - E!.... :-:- !. ,11 1 I'. X - , - . - ' - -- \ E• C.. \ :O I --, NE--.1 Ea \ . gt g, 7 a 2. Mir - A er- or w a' . _ 8 . . 600 ACRES± _: _ _____ ______ ____ ____. ____ ____ ZONE—. -.41 . I\ , \ I- \ 'SON L EFLAND '-- • .--A 7.1 \ 1-7 S. . \ REZONING . .- : DEED PLOT . 5 56,1'3■'IA 1 \ \ \ FOR \• FIRST SOUTH BANK INC. FIRST SOUTH \ , --: \ - CHEEKS TOWNSHIP ORANGE COUNTY NORTH CAR OUNA ,. DATE 09/17/93 SCALE 1"- 60 .. ..,.: -. -..:.-_ SIMMONS ENGINEERING & SURVEYING, INC. xa 0•A930576 S.R•A• APP n BY „. . __,._.7,,2—.,7, , .7,_;,-..,7,--- 1....„- ....," SIMMONS 115 GLENDALE AVENUE BURUNGTON, N.C. b.c Irf .r...,, 1 j ' 1.53 ii \ 1 093351 4.�AC eat z� 14 \\\\)0648 1 I 'I 8.42 AC. I 187.8 8.1 1. , ..ta7.: 0 . ,, . 1.2 IA AI ‘� \ ' 187.49 • -• � 188.3 U, S. ROUTE 70 A ____,-.- 1_____ ��_. i_ SEE = ' =. I 37 11 MAP x ti' '; I `I SEE .1-;14',t _.;,€�' 34' fig...., l 2565 :. i I L ■ 4 `, 1 SEE 8312 SEE ' \ 1 MAP 1 :S 6 .\t,5.2 AC t _ A 11 ri ! 1 _ i 1 I . . 7911 �_ li 1800 - 119 II 3 11 I.. II SEE o ■ f4 I. "1 I MAP 35 242 AC. 1 18.65 AC. �I 4 0 I -! 1I• f I I II I lI II i I 86 , . I . - Ii 1 ~~ O 569 (.......7- • r 0549 ~ .�_585 9 \ , 1.L 5 • 5 ®' 8 © ✓, 5497 I1 biali. ,_.-� N - - - --. AC 9.13 AC. o r^857 2.5 AC. 2.7 350 11505 1 2.2�AC 1 2.24 AC1 ----- _ _ -- \! -=\ �l � ; 144 OLD NO 'p 5 eDi 1 wi , , LEGEND 9(341 i .� ; 1 //® / ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 y �� c 1 ir To Board of CW t�s 'o ers - I ► From Marvin Collins, Planning Director = Date: November 1, 1993 Subject: November 22, 1993 Public Hearing Advertisement Copies: John Link,County Manager Geoffrey Gledhill, County Attorney Mary Willis, Planner III/Current Planning Attached is a revised notice for the November 22, 1993 public hearing. It has been revised to include a rezoning application submitted by Paliouras Enterprises, Inc. on July 27, 1993. The application was inadvertantly left off the notice distributed with your agenda material;for tonight. The appplication was submitted well ahead of the application deadline, and the Planning Staff is recommending that its addition to the notice be approved, so that advertisement and property owner . notification can proceed on schedule. NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ZONING ATLAS AND ZONING ORDINANCE FOR ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240, 323 and 343, and Article 20,Section 20.5 and 20.6,and Articles 2.2.12 and 2.2.13 of the Orange County Zoning Ordinance,notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, November 22, 1993 at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY ZONING ATLAS 1. Z-5-93 Little River Township (Revision) a. Zoning to appropriate commercial zone Scattered commercial properties located within the in the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. b. Zoning to Existing Commercial District (EC-5) Scattered commercial properties located outside of the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. c. Zoning to Existing Industrial District (E-I) Scattered industrial properties. 2. Z-6-93 Cedar Grove Township (Revision) a. Zoning to appropriate commercial zone Scattered commercial properties located within the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. b. Zoning to Existing Commercial District (EC-5) - Scattered commercial properties located outside of the Land Use Element of the Orange County Comprehensive Plan Rural Neighborhood and Rural Community Activity Nodes. c. Zoning to Existing Industrial District (E-I) ° Scattered industrial properties located outside of the Land Use Element of the Orange County Comprehensive Plan Rural Industrial Activity Node. Large-scale maps showing the various non-residential zoning districts proposed are available for public inspection at the Orange County Planning Department. 3. Z-8-93 Old 86 Limited Par ership The property in question is located southwest of Cornwallis Hills Subdivision and will have access to Oakdale Drive (SR 1133) and Old Chapel Hill-Hillsborough Road(SR 1009) through Cornwallis Hills. The parcel is 48.68 acres in size and is specifically described as Lot 1, Block C, of Tax Map 42 in Hillsborough Township. The property is designated as 10-Year Transition Area in the.Land Use Element of the Comprehensive Plan. The 10-Year Transition Area Land Use Plan Designation permits rezoning to low and moderate residential densities up to four dwelling units per acre. The current zoning designation of the property is R-1 Rural Residential. The proposed zoning designation is R-4 Residential. A portion of the property is in the Major Transportation Corridor (MTC) overlay district. 3. Z-9-93 First South Bank, Inc. The property in question is located on the south side of Southern Drive (SR 1317) west of Mt. Willing Road (SR 1120). The proposed area to be rezoned is six (6.0) acres in size. The property fronts on Southern Drive for a distance of 320 feet and is specifically described as part of Lot 2A, Block F, of Tax Map 40 in Cheeks Township. The property is designated as Commercial-Industrial Transition Area in the Land Use Element of the Comprehensive Plan. The Commercial-Industrial Transition Area Land Use Plan Designation permits rezoning to commercial and industrial zoning districts. The current zoning designation of the property is R-1 Rural Residential with overlay districts of Protected Watershed U and Major Transportation Corridor (MTC). The proposed zoning designation is I-1 Industrial with overlay districts of Protected Watershed II and Major Transportation Corridor (MTC). 4. Z-10-93 Paliouras Enterprises, Inc. The property in question is located at the southeast intersectional corner of Interstate Highway 85 and N.C. Highway 86. The property fronts on I-85 for a distance of approximately 925 feet and on N.C. Highway 86 for a distance of 1,240 feet, consisting of 37.97 acres. The property is specifically described as Lot 11A of Tax Map 45 in Hillsborough Township. The property is designated as Commercial-Industrial Transition Area in the Land Use Element of the Comprehensive Plan. The Commercial-Industrial Transition Area Land Use Plan Designation permits rezoning to commercial and industrial zoning districts. The current zoning designation of the property is CC-3 Community Commercial-3 and R-1 Rural Residential with the overlay district of Major Transportation Corridor (MTC). The proposed zoning designation is GC-4 General Commercial-4 with the overlay district of Major Transportation Corridor (MTC). The site is currently occupied by a truck stopLgar ge,convenience store, service station, and warehouse. The applicant wishes to change the zoning to correct an alleged error in the Zoning Atlas. 2 ORANGE COUNTY :'TONING ORDINAN.71E TEXT AMENDMENTS The proposed text amendments to the Orange County Zoning Ordinance are as follows: 1. Article 6.23 -Extra Requirements for Watershed Protection Overlay Districts. The standards contained within Article 6.23 apply to 13 watershed protection overlay districts for the purpose of protecting public drinking water supplies in a manner at least as restrictive as that mandated by the Environmental Management Commission in carrying out the provisions of the Watersupply Watershed Protection Act of 1989. The proposed changes, which affect the Back Creek watershed overlay district (BACK-PW) are described as follows: Article 6.23.5 The maximum density specified for the Back Creek watershed is proposed to be changed from"1 dwelling unit/acre"to"Maximum density is as permitted by the underlying zoning district." Article 6.23.6a1 Residential development is proposed to be subject to a 30% impervious surface limit, with stormwater detention ponds (BMPs) required when impervious surface exceeds 12%. Article 6.23.6a2 Non-residential development is proposed to be subject to an impervious surface limit of up to 70%, with BMPs required when impervious surface exceeds 12%. Article 6.23.10e The minimum stream buffer width for residential developments with a density greater that one dwelling unit/acre is proposed to be 100 feet. The specific text amendments described in this notice are available for review at the Orange County Planning Department. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 - a.m.to 5:00 p.m.Monday through Friday. You may also call 732-8181(Hillsborough), 688-7331(Durham),.967-9251 (Chapel Hill-Carrboro)or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: November 10, 1993 November 17, 1993 3 0 4GE COUNTY , NORTH CAROLINI APPLICATION FOR CHANGE OF ZONING DISTRICT • Date : 7-27-93 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 OE _side of S .R . # 86 and ( Street/Road) between S .R . # 8 • It is kn wn • $s Lot ( s) //A Block of Orange County 'Tax -Map — /LLS60R4dctf Township . It has a frontage of a:c;,6 feet and a depth of / t:;r:, - feet , and contains square feet or ... 7;q7'. acres . • •2. It is desir d and requested that the foregoing 'property be rezoned G G-• 2—l ,1 , from t o (G `L� •o' tcc/ ar'�gihlt�anivig etnr. _ ..... - . 2•.- The ..following information has .been _ attached .in_, support of the application for changing the Zoning Atlas (* — required on all • applications) . - *a. A fully dimensioned leap at -a scale of not less than one (1) inch equals one—hundred MOO) feet nor more then one (1) inch equaLa- twenty— t201 feet--showir'g'--'t • Lend —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: 4f.The alleged error in the Zoning Ordinance, if any; wh y would be corrected by the proposed amendment with a datai explanation of such error in the Zoning Atlas and dotal �r-• reasons how the proposed amendment will correct the error % li y ' . • (2) The changed or changing conditions, if any, in the area . in n the County generally, which make the proposed amendme 4 'a reasonably necessary to the promotion of the public heaLth, � i safety and general welfare. $ he manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. "(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 individuals, 'firms or corporations owning property • adjoining or within five hundred (5CD) feet of the property • sought for rezoning is attached. The list is current as of 7--2-7- 3. • • -(Date) . 'I certify that all information furnished in this application is accurate to the best of my knowledge . .. � A p p l i c a n t (! „� .Lll._ , ,` - ' 4 / 7 ..Z 4'— °S Address : . /�� / Z / "/ Ti P-hone : qiZ 3 ,4 l At e. t+ ZJgiaiI l l August 2, 1993 Paliouras Enterprises, Inc. P.O. Box 715 Chapel Hill, NC 27514 l"►� �� (919) 942-5356 1 !!c II t t }*i1. Board of County Commissioners Orange County l 1 Hillsborough, NC 9 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, '`141 Palioura ��resi•- v. 0 .X�L 1 4 ;. . S _ 1 :.. ; 7 • :_ \ .-tip i r 5�lp0o \\ a \. °ro` ; f 1 c. 11 I . •••••........‹ , I _ Ir \\ \\\ . 1 I'�` FR- pose-e p. cPLMrY CF ; \ \ ;" _ ,I.50 1( • KL2=1.5 D�"lantISSS, DC. 1' • 1 \ ;y Y • 12CAMI.: GCUw7v,N. C. I' • .1 •`1 \ 1 • I �� \• ••• ^ , u• dbiYCY1� OC7oa'r ere j- Arc oA'e/•.•s' •, \ ��\ C t� 1■ OLC/i/o•Yx N U•.'A'CA•!.e. Ate At I/.7 IC A•', �,'~�• (if ., ,-. , ...At. M'O A77o.r.v67, cr, 1..9i,. i ' \ \ •, i■ . • E l .. •1 \ . P �.\ c.� =ff k 1 • ti I RR.'• r..cvCrolt {' --. h . I \ '•CMA.u.:.. /11..al•.t' C. \ 1 P.. eo. \.■ • r/c:F4 , PArl•LKrr CF I r PALIOURAS ENTERPRISES, INC. Box 715,203 East Franklin Street Chapel Hill,North Carolina 27514 (9191 942 5356 JAMES N.PALIOURAS JOHN N.PALIOURAS u 303 Wesley Drive 393 Wesley Court ' 942-4229 9682043 €`