ORD-2009-011-Zoning Atlas Amendment (Rezoning) – 4115 Old NC 10 (Jones)

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4 reference there are two other areas in the Hillsborough Area EDD along NC 86 near I-85 also targeted as appropriate ED-LNR districts, but are not subject to this petition (See Attachment 2). Notification of property owners and adjacent owners All property owners whose properties are subject to this petition were mailed notification letters in accordance with ordinance requirements. Adjacent property owners within 500 feet of the petitioned areas were also notified. Signs have been posted on both tracts. The certification of mailing to adjoining property owners letter was presented to the Boards at the public hearing. Quarterly Public Hearing Issues: This request was heard at the November 24, 2008 Quarterly Public Hearing. Attachment 7 contains staff responses to issues and comments raised at the public hearing by both Boards and the public. Planning Board Discussion and Recommendation: The Planning Board reviewed this item at its January 14, 2009 meeting: The Planning Board recommended, on separate votes., that the County Commissioners rezone both tract 1 and tract 2 to the ED-LNR zoning district. The recommendation was unanimous on Tract 1. The vote was 6-2 for approval on Tract 2. Four main issues were discussed: 1) stormwater -The amount of permitted stormwater discharges will not be affected as a result of this rezoning issue. stormwater drains from Tract 1 both to the north and to the south depending on the precise location of water on the parcel. The natural drainage of Tract 2 is to the south towards Cates Creek. The Neuse River rules apply to both tracts with regard to pre- and post-runoff of stormwater regardless of the zoning district. The impervious surface maximum is 50% for all land within the Hillsborough Area EDD. 2) Flooding in Cornwallis Hills subdivision -This rezoning petition is completely downstream from the problems shown in photos that were presented at the QPH and PB meetings. (see Attachment 9). Cornwallis Hills is within the town limits of Hillsborough. No portion of stormwater runoff from tract two would impact the areas depicted in the photos. 3) Security and crime -Security and crime are not zoning petition-specific issues. Regardless of ED-LO-1 or ED-LNR, security and crime will have to be addressed by property and business owners and by public safety officials. Planning staff encourages site design methods that work towards creating a safe environment for the public. Site design standards are set forth in the EDD Design Manual. 4) Potential of driveway access off of Bonaparte Drive - A small portion of Tract 2 has direct access to Bonaparte Drive, a residential street within Cornwallis Hills (see Attachment 1). A stream originates at the location that a driveway could be installed. Prior to any crossing of these streams approval from Division of Water Quality Compliance with State requirements of 401 (DWQ- water quality certification) and 404 (Corps of Engineers approval) permits would be required. The driveway would serve little benefit for business purposes. FINANCIAL IMPACT: There is no public fiscal impact regarding this petition. RECOMMENDATION: The Administration recommends the BOCC: 1. Receive the Planning Board recommendation. 2. Deliberate on the petition for the zoning atlas amendment. 3. Close the public hearing.