ORD-2009-009-Zoning Ordinance Text Amendment: Hillsborough Area-

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~ -/?_a- ~ 5G No public comment. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to close the public hearing and approve the Community Transportation Program Grant application for FY 2009-2010 in the total amount of $369,420 with a local match of $46,173; and authorize the Chair to sign the Community Transportation Program Resolutions, which are incorporated by reference, and annual certified statements of participation. VOTE: UNANIMOUS b. Zoning Atlas Amendment IRezoninal- 4115 Old NC 10 (Jones) The Board received the Planning Board recommendation on and considered approval of a petition submitted to rezone a 2.8 acre parcel of property located at 4115 Old NC 10 (TMBL5.26.40 /PIN 9893-00-8606) from Existing Commercial Five (EC-5) to Rural Residential One (R-1 ). Planner Michael Harvey said that this is a continuation of a public hearing for this property. This item was presented at the November 24, 2008 Quarterly Public Hearing, where staff testified that there was an existing auto body garage on the property. In 1981, when the Comprehensive Plan was adopted, the zoning of this property was changed to EC-5 in an effort to bring it into compliance with the standards and requirements of the Comprehensive Plan. Since that time, the existing auto body shop has ceased. The current property owners were unaware that it was zoned commercial and do not want it zoned commercial. The Planning Board has reviewed this and recommended unanimously that the property be rezoned. He read the Administration recommendation. No public comment. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing and approve the zoning atlas petition by: approving the Statement of Consistency (Attachment 2); and approving the Resolution of Rezoning Approval (Attachment 3). VOTE: UNANIMOUS c. Zoning Ordinance Text Amendment: Hillsborough Area Economic Development District (EDD1 Buffer Regulations The Board received the Planning Board recommendation on and considered approval of astaff-initiated Zoning Ordinance text amendment to modify existing landscape buffer regulations contained within Section 6.29.3a of the Orange County Zoning Ordinance. Michael Harvey said that the staff put forward astaff-initiated text amendment to the Orange County Zoning Ordinance, specifically Section 6.29.3a, which is the Economic Development District Design Manual, to amend existing buffer regulations within the Hillsborough EDD. This was heard during the November Quarterly Public Hearing, and the impetus for initiating this amendment was to address concerns staff had over the potential for development within the Hillsborough corridor, specifically along NC 86. There has been interest in converting one of the existing residential structures into a professional office. Current buffer regulations would require a 50-foot landscaped area separating non-residential from residential development. Staff proposes buffer amendments that would allow for an individual to adaptively reuse existing single-family residential structures to obtain a reduction in the required buffer in order to increase the usable area. During the public hearing, there were numerous concerns. One concern was that if an individual deconstructed then they might be able to make use of this buffer allowance. The answer to that is no. The only way to make use of the buffer allowance is to use the existing residential structure for anon-residential purpose. Another concern is what would constitute a