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Agenda - 02-23-2009 - C3
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Agenda - 02-23-2009 - C3
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Last modified
3/22/2016 11:15:13 AM
Creation date
2/18/2009 3:04:29 PM
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BOCC
Date
2/23/2009
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C3
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Minutes - 20090223
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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2 <br /> SURROUNDING LAND USES: NORTH: Single-family residential and <br /> undeveloped parcels of property <br /> zoned AR. <br /> SOUTH/EAST/WEST: Single-family residential zoned AR. <br /> REASON FOR ZONING ATLAS AMENDMENT: In 1981 the County adopted the <br /> Comprehensive Plan that established various land use categories indicating where acceptable <br /> types of development, residential versus non-residential, were permitted throughout the County. <br /> In 1982, the County created the Existing Commercial Five (EC-5) zoning district. The purpose <br /> and intent of the district, as detailed within Section 4.2.12 of the Orange County Zoning <br /> Ordinance, is: <br /> .... to provide a district to be used only during the application of <br /> zoning to previously unzoned townships to accommodate existing <br /> commercial uses or in zoned townships to previously zoned <br /> commercial property which is not located in areas designated as <br /> Activity Nodes by the adopted Comprehensive Plan. <br /> The Cedar Grove Township was initially zoned in 1994. At that time there was a landscape <br /> business operating on the subject property. When the area was zoned, a portion of the property <br /> was zoned EC-5 to accommodate the existing landscape operation in accordance with the <br /> Orange County Comprehensive Plan and Section 4.2.12 of the Zoning Ordinance. <br /> It appears that the portion of the subject property designated as EC-5 on the Zoning Atlas did <br /> not include the existing commercial operation. Staff has visited the property and determined <br /> that there has never been non-residential activity on the portion of the lot where the EC-5 zoning <br /> designation is currently depicted on the official Zoning Atlas. Through this process, staff hopes <br /> to correct the error and properly incorporate the existing non-residential land use within the EC- <br /> 5 zoning designation. <br /> ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of-the Orange County Zoning <br /> Ordinance, the Zoning Officer is required to: `cause an analysis to be made of the application <br /> and, based upon that analysis, prepare a recommendation for consideration by the Planning <br /> Board and the Board of County Commissioners'. In analyzing this request, the Zoning Officer <br /> offers e s the following information: <br /> 1. The application is deemed to be complete in accordance with the provisions of Article <br /> Twenty (20) of the Zoning Ordinance, <br /> 2. Staff alleges a mapping error, in accordance with Section 20.3.2 (c) of the Ordinance, as <br /> the primary justification for the review of the application, <br /> 3. Staff believes that by re-configuring the existing EC-5 zoning lot on the property that the <br /> mapping error can be corrected and the existing non-residential operation made <br /> conforming with the Ordinance, <br /> 4. The Zoning Officer has concluded that the request is reasonable and consistent with the <br /> goals of the Comprehensive Plan. <br /> ZONING OFFICER RECOMMENDATION: The Zoning Officer recommends approval of the <br /> rezoning request based on the following: <br />
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