HomeMy WebLinkAboutAgenda - 08-27-2001-c4V ~
ORANGE COUNTY
BOARD OF COMMISSIONERS
and
PLANNING BOARD
PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 27, 2001
Action Agenda
Item No. C4
SUBJECT: Z-1-01 -~ Ann Mass Jo ner Zonin Atlas Amendment
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YES
ATTACHMENT(S):
Applications (pp. 4-11)
Vicinity and Site Map (pp. 12)
Zoning Officer Certification of Mailing (pp.13)
Property Owner Mailing List & Notice (pp.14-18)
INFORMATION CONTACT:
Tam King, AICP, Planner II, ext. 2607
Craig Benedict, AICP, Director, ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive citizen comments and a staff report an a zoning petition to amend, as
noted below, the Zoning Atlas fora 1.05 acre area of Lot #1, Blueberry Hill Subdivision.
BACKGROUND:
Request
Petitioner: Ann Moss Joyner, agent for Allan Parnell et al. & Ann Moss Joyner (W)
c/o Jim Hopper
Pro ert Owners: Allan M. Parnell, Ann Moss Joyner, James Rae Freeland, Betty J.M.
Freeland, James E. Hopper, Sr., & Jaan F. Hopper
Rezone: From: EC-5 (Existing Commercial-5)
To: R-1 (Rural Residential)
Size lEC~5): 1.05± acres Size of Remainder of Lot: 5.6 acres
Location West side of Dodsons Crossroads South (SR 1102) in the northwest intersection of
Dodsons Crossroads South and Blueberry Lane (private) and approximately 3,600 feet north of
the intersection of Dodsons Crossroads South and NC HWY 54 West. Property is identified on
Orange County Tax Records as Bingham, Township, Map 27, Lot 8 (portion af) and is further
known as part of Lot #1 of Blueberry Hill Subdivision, which has 8 additional residential lots.
U '~ 2
2
Current Conditions
• The portion of the property being rezoned was designated as EC-5 (Classic Car Salon) in
1981 when zoning went into effect for Bingham Township.
• The property is currently vacant and wooded.
• The entire area of Lot 1 is designated as a private park per the recorded final plat of 1986.
• The property is not located within a Watershed Protection Overlay District.
Comprehensive Land Use Classification: Rural Residential
Ad'acent Pro a Zonin R-1 (Rural Residential) ,~
Existing Land U,se Survey of Vicinity
• A windshield survey of the area was, conducted by the Zoning Officer on August 13, 2001.
• Majority of land is low to medium density development, with some farmland present.
• Two manufactured home parks are located in the vicinity, as well as what appears to be a
manufactured home subdivision.
• Montross Equestrian Facility is located northeast of the property. None of the surrounding
area is located within a watershed protection area.
Important Historical Events
September 2, 1981 The Land Use Element of the Comprehensive Plan is adopted by
the Board of County Commissioners. The area is designated as
Rural Residential.
Rural Residential areas are described in the Land Use Element (p.
3.3-3) below:
Land in the rural areas of the County which is appropriate far low
intensity and low-density development and which would not be
dependent on urban services during the plan period.
September 2, 1981 Zoning is adopted for Bingham Township. A 305-foot by 150-foot
(including a portion of the State Road 1102 right-of-way) portion of
a 267.61 acre tract of land (Bingham Township, Tax Map 27, Lot
8) is zoned EC-V. The zoning district begins 100 feet south of the
north property line. The use of the property is noted as "Classic
Car Salon".
September 24, 1985 Covered Bridge Subdivision (10+ acre tract Exempt Plat) is
prepared by David Thompson Surveyors of Graham, NC. The
portion of property to be developed as Blueberry Hill Subdivision
is noted on the Exempt Plat as "Reserved for Future
Development".
3 0~
August 4, 1986 Blueberry Hill, a 9 lot major subdivision, is approved by the Board
of County Commisioners. Lot #1 is designated as a private park
on the Preliminary Plat, as well as the recorded Final Plat. The
EC-5 Zoning District located within the boundaries of Lot #1 was
not shown on the Final Plat of the Subdivision. The Private Park
was designated on the recorded Final Plat.
Intent and Application criteria of the R-1 (Rural Residential) Zoning District as stated in
Article 4,2.3 of the Oranue County Zoning Ordinance
a) Intent
The purpose of the Rural Residential (R-1) District is to provide locations for rural non-
farm residential development, at very low intensities, in areas where the short- and long-
term solutions to domestic water supply and sewage disposal shall be individual wells
and ground absorption system.
la) Application Criteria
This district will usually be applied where the following conditions exist:
1. Designated by the adopted Comprehensive Plan as Rural Residential.
2. Urban Services, including water distribution and sewage collection mains are not
likely within 10-20 years.
Zoning Officer's Analysis
The EC-5 zoning district is inconsistent with the surrounding area and with the comprehensive
plan. There is considerable question as to whether the "Classic Car Salon", which was
proported to have existed at the time of the implementation of zoning in the Bingham Township,
has ever been located on this property. Staff has been unable to document any historical
commercial use on the property. Removal of the EC-5 zoning district from this residential and
farming area is a reasonable and prudent action.
Development Process, Schedule and Action
• Public Hearing on August 27, 2001 T
• Refer rezoning petition to the Planning Board for a recommendation, to be returned to
the Board of County Commissioners no sooner than November 20, 2001.
FINANCIAL IMPACT: There is no direct financial impact with this decision item.
RECOMMENDATION(S): Zoning Officer Recommendation: Approval of the petition to
rezone the 1.05 acre portion of Lot #1, Blueberry Hill Subdivision,
from EC-5 to R-1 for the private park purposes as shown on the
BOCC approved Preliminary Plat and the existing recorded plat of
Blueberry Hill Subdivision.
Administrative Recommendation: Refer the zoning petition to
the Planning Board for a recommendation to be returned to the
Board of County Commissioners no sooner than November 20,
2001.
12/08/2000 15:42 .9196443692 aR. CTY, PL~AVING pq~ g2
ORANGE COUNTY, NORTH CAROLINA ~
APPLIr1gTION FOR CHANGE IN ZONING DISTRICT
Date: ,~-~~" dl
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 vn the _ _~~~.~, _ side of S.R_ # 11 o z
CD ~ls••.'t G~,rs...,.f,.,~,,~ Street/Roatd) betty n S_R. # /L/.~ and ~~
S.R. # N~ H~ sy It is known as Lots 9 , t3lock , of Orange County
Tax Map 27 - B~~ .,~ Township. ft has a frontage of /so ~., feet
and a depth of ~ a s ,and contains F1.S 7 SG square feet or
..~_ acres.
z• It is desired and requested that the foregoing property be rezoned from
~. The fallowing information has been attached in support of the application for changing
the Zoning Atlas (` -required on all applications).
"a. A fully dimensioned map at a scale of not leas than one (1) inch equals one-hundred
(100) feet nor more than one (1) inch equals twenty (20) feet shgwing the land which is
proposed to be rezoned.
`b. A legal description of the land proposed to be rezoned.
"c• A statement of justification addressing one or more of the following:
(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 amendments 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 wiU 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
hund~ed (500} feet of the property sought for rezoning is attached. The list is current as
of ~ 7 - )
(Date)
1 certify that all information furnished in this application is accurate to the best of my knowledge.
Applicant(s): ~ ~~
Address: ~,.r ~,,,,~,
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Phone' -- ~J_L• ~~ 3 ~ ~f ~ 6~ ,_, ._
12/98/2690 15:42 919fi443062 OR. CTY. PLANNING PAGE 93
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0Q/10/2001 16:57 9196443002 OR. CTY. PLANNING PAGE 02/02
(~ ~j t
To: Orange County Planning & Inspections Department
We the undersigned hereby give Ann Moss Joyner permission to represent us in the
matter of the proposed Orange County, NC Zoning Atlas Amendment (Case #Z-1-d1) to
rezone a portion of Lat #1 Blueberry Hill Subdivision (grange County Tax Map #fi.27..13)
from EC-V (Existing Commercial-5) to R-1 (Rural Residential).
We also give Ann Moss Joyner permission to represent us in the Blueberry Hill, Lot #1
subdivision matter.
Print Name
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Signature
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EXISTING ZONING -- LOT #1, BLUEBERRY HILL .
CASE #Z-'I -0'I
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Orange County Application far Change in Zoning District
Bingham Township, Map 27, Lot S
3. c. (1) This 105x300' parcel (part of a 6.55-acre lot zoned R-1) was originally
mistakenly zoned EGS because a country store was once located on the lot immediately
to the north.
3. c. (2) The owners have agreed and recorded documents applying the residential
restrictive covenants of the surrounding subdivision (Blueberry Hill, consisting of 91ots,
including this one).
3. c. (3) The intern of the Land Use Plan was to accommodate an existing use. The
EC-5 designation was mistakenly applied to 3.27..8 rather than to the neighboring lot.
The land use plan shows that entire surrounding area zoned R-1, so changing this El acre
will correct an historical wrong and unify the zoning for the area.
3. c. (4) This request is for a downgrade in use, and will result in less traffic than any
EC-5 use.
In addition, the county attorney determir-ed years ago that the EC-5 zoning was
not, for the most part, usable, because the perkable area does not lie within the EC-5
boundaries (although it is in the larger lot's acreage).
197321522; liar-7-01 12:45; Page 212
lent By: ROGUE 8 VEIT;
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Blueberry Hal Lot 8 EC-5 Legal Desc~'ipta,on
Lying and being in Hittglyam 'l'nwrtship, Urxr~e County, North Carolina and bung that
paRian of 6.bS_acres, taure yr leas, ciesignatcd ~ [,ot 1 an the prat of BLIJEIIERR~C' IIII.I-•
drawn from tha Survey af'f'hompson ~c- Simmons, Inc:. recorded in Plat 1f3ook 4b at P~~e y
of the Prange County Registry as in Toned EC-5 an the Grange County "L.ontt~ Attar. This
pruperry is mole particularly described sts beginning at a Aoitit in the line of the additional
5' of R f W for NC5It # Y l()2 as shown ort said prat, whi~~3 point is located South f17 d~greeti
43 r~tiautes 10 secnncls West l0U feet from the northeast corner of said ~etnce ~c rthi 8$
thence South U7 degrees 43 minutes lp seconds West 1S0 fee~euce North 07 degrees ~3
degrees S5 minutes 55 secancis West 305 feet to a point;
nLnutts lU :;ecantls East 150 f ~ntt of BEG1NlNiNG nCe South $8 degrees 55 mi~~i~tey S5
,ecands East 3()5 feet to the pea
Y1N y749-84-3622 (T1V1 6.Z7..$)
03/16/2001 16;09 9197326403 ORANGE C0 5HERIFF' PAGE 01
0~~
Office of the Orange Coumty Sheriff
Cindy ~'eAdergrass, Sheriff
P.O. Box 8181- Margret Lane
MILLS80ROUGH
Hillsborough, NC 27278
919 -732-818116448050
To: Tam
Orange County Planning
~.evera Rnad
Hillsbaraug7,, NC 27278
1~mm: Sheri~~.intdy~adexgKass
lZe: Ann Moss ]oyner
Biaagha~on ~'ownslup M~ 28 lot $
Dear 1Vlr. I{in~g,
March IS, 2001
We conduct routine patrol service daily is this area. The rexoAn:nB o~ dais ~eroPeriy will in no way
increase our worl~ load mar will it iartetfexe or i~dbit out ability to provide service to the area xe~idents and
other businesses.
We ~ ptwi~de these services without additional personnel and equipraettt.
CC: An+a Mass Joyner
Fax-33d-Sd3-5290
Orange County Emergency Management
P.O. Box S 181
Hillsborough
North Carolina
27278
9-1-1 Communications ~ Emergency Medical Services
24 Hour Warning Point `~..« a ~^ Fie Meal
919-732-8161 •933-2600 ~~ '+,, Disaster Response
,~ g Hazardous Materials
24-Hour Fax Machine 919-644-3030. 968-2050
919-967-9026
x•~~' ~'`~~~~' Administrative Fax Machine
919-968-4066
TO: .TOM KING, PLANNING DEPT.
FROM: MIKE TAPP, DEPUTY DLRECTOR/FIRE MARSHAL
RE: FIRE/EMS COVERAGE
DODSONS' CROSSROADS & BLUEBERRY LANE, MAP 27, LOT 8
DATE: MARCH 20, 2001
The above property is afforded fire and emergency medical service coverage by the following
departments. Fire protection is provided by the Orange Grove Volunteer Fire Department.
Emergency medical service is provided by Orange County Emergency Management Services,
Division of EMS.
~~
If you need additional information, please contact us.
084
ZONING ATLAS AMENDMENT # Z-1-01
Portion of Lot #1
Blueberry Hill Subdivision
TMBL 8.27,.8
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Scale: 1" = 1500'
Legend:
Streams
Ponds
0 Floodplains
Parcel background
~/ Streets
~ Buildings
~] Parcels
Zoning:
~ EC5
0 R1
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ORANGE COUNTY PLANNING ~ INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
`e~a+e °r e'
Current Planning ~~` , ~ '': 306E Revere Road
(919) 245-2575 v ~ P O Box 8181
(919) 644-3002 (FAx) ~~ Hillsborough,
www.co.orange.nc.us ~'°••m t.~~~`°' North Carolina, 27278
I, Tom King, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that I
have mailed, or have had mailed, by certified mail, postage prepaid, a Notice of the Public
Hearing to be held on the request for Zoning Atlas Amendment, Case #Z-1-01 to each
property owner within 500 feet of the zoning petition, as listed on the Tax Records filed with
the petition, as required by Article 20, Section 6.3 of the Orange County Zoning Ordinance.
The mailed notice specified the date, time, place and subject of the Public Hearing. The
notices were placed in the mail on August 10, 2001.
WITNESS my hand, this 13~' day of August, 2001.
Tom King, A
Planner II
CERTIFICATE OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
Q86
3 , J Blueberry Hill EC-5 Lot
U Neighbors Wi#hin 500 Feet
Lot Owner Address Town 5t Zip
/ 6.27..8 Joyner, Freeland,. and Hopper cJo 6919 Lee St. Mebane NC 27302
~ Blueberry Hill David and Pam Morgan 2814 Blueberry Lane Chapel Hill NC 27516
o/ Blueberry Hill James and Veora H. Atwater 113 Alabama Ave. Carrboro NC 27510
Blueberry Hill David and Soni Holdaway 3022 Cheek Rd Durham NC 27704
Blueberry Hill Andrew Cahan and Robin Willis 3000 Blueberry Lane Chapel HIII NC 27518
Blueberry Hill Gary S. and Linda Jacob 3010 Blueberry Lnae Chapel Hill NC 27516
Blueberry Hill Sharon Fay Setterquist 3022 Blueberry Lane Chapel Hill NC 27516
Blueberry Hill Carol S. Nelson 3030 Blueberry Lane Chapel Hill NC 27516
Blueberry Hill Alfi and Karan Sjoberg P.O. Box 157 Carrboro NC 27510
~/ 6.27..9 Emma Oline Phillips 104 Pine St. Carrboro NC 27510
,/ 6.27..9A William Paul and Judith Hawkinson P.O. Box 3101 Chapel Hill NC 27515
~/ 6.27..10A Wesley Tim and dLucy W. Upchurch 9419 Dodson's Crossroads Chapel Hill NC 27516
/ 6.28..21 Lorti's Church, Inc. P.(7. Box 614 Carrboro NC 27510
/ 6.28..35 Lord's Church, Inc. P.O. Box 614 Carrboro NC 27510
6.28..20 Tony B. Dail 8906 Coachway Chapel Hill NC 27516
~/ 6.28..21 C David J. Moriarty 101 Hanover Place Chapel Hill NC 27516
~' 6.28..21 D Janet Klass Cook 2611 Pussycat Lane Chapel Hill NC 27516
,/ = P off:=-~'-~ c~e,~n~s F.,, r t~~~. 5~e~ F~-~ ~- ~~-i~ r~-1'•cx ~~h~.~.r(~~~...~-
p~+-+•-r-~ ~..
ORANGE COUNTY PLANNING ~ INSPECTIONS DEPARTIUIENT
Craig N. Benedict, AICP, Director
Current Planning ate. ~ ~, '; 306E Revere Road
(919) 245-2575 ~ ;~ P O Box 8181
(919) 644-3002 (FAX) ~ Hillsborough,
www.co.orange.nc.us ~•~., ~.~.~~•' North Carolina, 27278
A rezoning action to amend the Official Zoning Atlas for Orange County, North Carolina
for the property of Allan Parnell et al. ~ Ann Moss Jo ner Wife % Jim Ho er to
change the zoning classification from Existin Commercial-5 EC-5 (present zoning) to
Rural Residential R-1 (proposed zoning classification) for part of the property located
on the west side of Dodsons Crossroads South (SR 1102) and in the northwest
intersection of Dodsons Crossroads South and Blueberry Lane (private). The portion of
the property being rezoned is approximately 3,600 feet north of the intersection of
Dodsons Crossroads South and NC HWY 54 West (see attached map).
The subject property is a portion of Lot #1 (Private Park) of Blueberry Hill Subdivision
and is further identified as Orange County Tax Map #6.27..8.
The following uses are permitted as a matter of right in the R-1 Zoning District:
• Above ground and buried utility lines for local distribution of electricity, telephone,
and cable television service, accessory and appurtenant apparatus such as poles,
guy wires, transformers and switching boxes.
• Cabinetized telephone and/or fiber optic equipment associated with the local
distribution of services. Setbacks from the right-of--way for such equipment may. be
reduced to 20 feet in the Agricultural Residential, Rural Residential, and Rural Buffer
Zoning Districts provided that the equipment is screened from view by landscape
materials.
• Bona Fide Farms
• Buildings and other temporary structures used in connection with construction of a
permanent building.
• Neighborhood utility facilities located within a public right-of--way with the permission
of the owner of the right~of--way (State, City, or Town).
• Off-street parking as a required Accessory Use to a Permitted Use.
• Public and private streets and roads. Railroad rights-of way.
• Water and sanitary sewer lines, gas and liquid fuel distribution lines.
NOTICE OF PENDING REZONING ACTION
o~~
2
• Telephone exchanges (without business offices), subscriber loop huts, pressure
regulator stations, water and sanitary sewer pumping stations.
• Electrical substations, switching and metering stations and associated transmission
lines, where incoming voltage does not exceed 100 kilovolts (kv).
• Solid waste collection facilities owned and operated by a public agency for the
purpose of disposal of household waste by Orange County residents.
• Barrow pits (including reclamation by landfilling) associated with a State or Federal
Highway project.
The following uses are allowed as Permitted Uses in the R-1 Zoning District:
Large Day Care Home
• Single Family Dwelling with or without Efficiency Apartment
• Two-Family Dwelling
• Mobile Home Dwelling
• Family Care Home
• Temporary Mobile (Use during construction/installation of permanent residential unit
and for 30 days following issuance of Certificate of Occupancy)
• Accessory Uses
• Botanical Gardens 8~ Arboretums
• Bus Passenger Shelter
• Church
• Governmental Protective Services (Police 8~ Fire Stations), Rescue Squads,
Volunteer Fire Departments
• Parks, Public &~ Non-Profit
• Stealth Telecommunication Towers 75 Feet or Shorter
• Elementary, Middle, ~ Secondary Schools
• Universities, Colleges ~ Institutes
• Government Facilities & Office Buildings
• Water $~ Sanitary Sewer Pumping Stations
• Clubs or Lodges; Social; Fraternal or Union Clubhouses '
• Greenhouses (No On Premises Sales)
• Class I Kennels
• Certain Home Occupations (evaluated case by case)
The following uses are allowed as Class A Special Uses requiring Planning Board and
County Commissioner approval (public hearing required) in the R-1 Zoning District:
• Airports, General Aviation, Heliports, S.T.O.L.
• Landfills (2 Acres or More)
• Public Utility Stations ~ Sub-Stations, Switching Stations, Telephone Exchanges,
Water 8~ Sewage Treatment Plants
• Telecommunications Towers 200 Feet or Taller
• Recreational Facilities Golf Courses
• Historic Sites Non-Residential/ Mixed Use
3 ~~
The following uses are allowed as Class B Special Uses requiring Board of Adjustment
approval (public hearing required) in the R-1 Zoning District:
• Day Care Facility, other than Large Day Care Home
• Group Care Facility
• Temporary Mobile Home (Custodial Care)
Portable Buildings
• Cemetery
• Community Center
• Landfills (Less than 2 Acres)
• Elevated Water Storage Tanks
• Telecommunications Towers 199 Feet or Shorter
• Transmission Lines
• Camp/Retreat Center
• Class .II Kennels/Riding Stables
• Recreational Facilities (Non-Profit)
• Special Events (Less than 150)
The above listed uses are allowed provided all other zoning requirements are met. As a
practical matter, many of the uses could not be accommodated on this lot. Further
private restrictions may further reduce the number of uses allowed on this property.
The Orange County Board of County Commissioners and the Orange County Planning
Board will hold a joint public hearing at 7:30 PM on this rezoning on Au ust 27 2001 in
the F. Gordon Battle Courtroom located at 106 East Margaret Lane, Hillsborough, NC
27278. A public notice will be posted on the premises at least ten 10 days before the
hearing, and a legal advertisement will appear in the Chapel Hill Herald and the News of
Orange for two (2) successive weeks with the first notice appearing not less than ten
(10) days nor more than finrenty-five (25) days prior to the public hearing.
This notice is being sent to you because your property is either included in this rezoning
or is within 500 feet of the property proposed for a rezoning amendment. This notice is
provided pursuant to N.C. General Statutes 153A-343 and the Orange County Zoning
Ordinance, Article 20.6.
If you have any questions concerning this rezoning, please contact the Orange County
Planning and Inspections Department, 30fi-F Revere Road, P.O. Box 8181,
Hillsborough, NC 27278, Telephone (919) 245-2575, (919) 245-2585, or (336) 227-
2031 (Ext. 2575 or 2585).
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Case #Z-1-01 V~c`h n ° '- ~ ' ""'
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Applicant: Ann Moss Joyner ~ ~
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. .Property: Portion of Lot #1 (Private Park} a~ o c
Blueberry Hill Subdivision ~° - - -- - - - ad - - - _ _ _ ,
Request: Rezone 1.05 acre portion of 6.65 acre Lot -
from EC-5 to R-1 = ~' t
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