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85 <br />Upon motion of Commissioner Pinney, seconded by Commissioner <br />Whitted, it was moved that the Nunn Subdivision plat be referred back <br />to the Planning Board for an investigation of the drainage and water <br />problem. <br />B. FINAL Plat for Ramblin Heights Phase II: This subdivision <br />of land merely adds additional land to the rear of a tract al- <br />ready in the possession of the petitioner. The property is <br />situated on Piney Mountain Road in Chapel Hill Township. The <br />Planning Board unanimously approved this plat. <br />Upon motion of commissioner Walker, seconded by Commissioner __ <br />Pinney, it was moved and adopted that this plat be approved and the <br />Chairman was authorized to sign the same. <br />C. PETITIONS FOR REZONING - A. 1,. Thomas - Petition to rezone <br />a tract in Chapel Hill Township near Highway #$6 from residential <br />$o general commercial. This issue was considered at the August <br />25th public hearing. The Planning Board approved this request by <br />a vote of S to 2. <br />Chris Edwards, Assistant Planning Director, stated that the owners <br />. proposed to place a restaurant in the area. It was pointed out that <br />once the property was zoned Commercial, then it must remain a commercial <br />site until petition was filed for further rezoning. <br />Upon motion of Commissioner Gustaveson, seconded by Commissioner <br />Whitted, it was moved to deny this request to rezone this tract from <br />residential to general commercial. <br />Chairman Garrett called for the vote. <br />Commissioners Garrett, Gustaveson, Pinney, and Whitted voted aye. <br />Commissioner Walker voted nay. <br />The Chairman declared the motion passed. <br />D. Dr. Cushman and Mrs. Cleaver petitioned for a rezoning from <br />residential to planned unit development, a parcel near Highway <br />#86. This issue was heard at the August 25th public hearing. <br />The Planning Board unanimously approved this request for rezoning. <br />Chris Edwards presented the reasons why the Planning Board approved <br />this request for rezoning. Discussion ensued concerning the fact that <br />the proposal could be considered under the general terminology of a <br />planned unit development. <br />Upon motion of Commissioner Pinney, seconded by Commissioner <br />Whitted, it was moved that the Board deny the request of Dr. Cushman <br />and Mrs. Cleaver to rezone their property from residential to planned <br />unit development. <br />The Chairman called for the vote. <br />Commissioners Garrett, Gustaveson, Pinney and Whitted voted aye. <br />Commissioner Walker voted nay. <br />The motion was declared passed. ' <br />Chairman Garrett referred to Item #6 on the Agenda which had been <br />deferred earlier i.n the meeting. (Consideration of Resolution con- <br />cerning a Special School Tax in the Orange County Administrative Unit). <br />The Chairman recognized A. B. Coleman, Jr., County Attorney. Mr. <br />Coleman stated that he had reviewed the General Statutes and that accord- <br />ing to GS 115-122 the County Board of Education would have to comply with <br />the provisions contained in GS 115-119; 121 and 122. These statutes <br />require the Beard of Education to specify the maximum rate of tax which <br />is proposed to be levied. A statement of the purpose of the election. <br />A legal description of the area within which the election is to be held <br />and the purpose of the tax. <br />