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726 <br />Agenda Item 14b: Jimm and Gloria Gates Subdivision <br />i4r. Kirk explained Mr. Gates' property was located in Chapel Hill township <br />and Mr. Gates wanted to subdivide 4.9 acres from a 41 acre tract. This property <br />is located off Highway 54 close to Carrboro and has been approved for septic tank. <br />There. is an existing 40 foot right-of-way to the property. Mr. Gates is requesting <br />a variance from the 60 foot right-of-way requirement. <br />Mr. Gates said that his father built the road about 40 years ago and he has <br />been maintaining it since: He has a signed, written agreement from other property <br />owners that they will now help maintain the road. <br />Commissioner Willhoit moved, seconded by Commissioner Walker, to waive the <br />requirement of a 6D foot right-of-way. Vote: ayes, 3; noes, 0. <br />Agenda Item 14 II b: Cedar Hills <br />Mr. Kirk told the Board this petition requested rezoning of 4.39 acres off <br />Weaver Dairy Road i.n Chapel Hill township from residential to general commercial. <br />He said the Planning Board did not recommend this zoning change. <br />Commissioner Willhoit told Mr. Kirk he would like to know the reasons the <br />Planning Board uses to decide a request, not the numbers voting for and against. <br />Conm~;ssioner Willhoit moved, seconded. by Commissioner Walker, to deny the <br />request ~ rezone 4.39 acres from residential to general commercial. Vote: ayes, 3; <br />noes, 0. <br />Agenda Item 14 II c: Timberlyne <br />Mr. Kirk said this petition requested rezoning 92.9 acres located north and <br />south of Weaver Dairy Rgad in Chapel Hill township from residential to general <br />commercial. <br />Commissioner Gustaveson asked if the Planning Board had received any <br />communications from Chapel Hill concerning this proposal. ri. <br />Mr. Kirk said they had received minutes but no other communication. He said <br />their minutes did not show any problems with this area becoming commercial and no <br />recommendations against rezoning were made at the public hearing. He said <br />Chapel Hill had requested this area be included in its alanning area. <br />Mr. Bob Page told the Board the proposed first tenant in the general commercial <br />area would be the WCHL Corporation. Preliminary and final subdivision plans have <br />been approved and he wanted final approval before houses were constructed here. <br />One of the reasons he wanted 93 acres was to insure low density commercial. He <br />said the proposed plan is before the Planning Board and Chapel Hill says if we <br />rezone 6 acres on the south side of the road, it will conform to their land use <br />plan. He said prime commercial zoning was mare restrictive than general commercial. <br />Commissioner Willhoit said he was not interested in acting on the total <br />request until the Chapel Hill planning jurisdiction issue was resolved. 'He asked <br />Mr. Page how many acres must be rezoned to allow this project to move forward. <br />Mr. Page replied, 6 acres was the minimum. <br />Commissioner Willhoit asked the County Attorney to clarify the restrictions <br />on prime commercial. <br />The County Attorney said if a change in zoning resulted in higher density, <br />you cannot do it; however, there does not seem to be any density difference betwee <br />general commercial and prime commercial. The difference lies in the kinds of <br />enterprises permitted. If this is the case, the Board can change to prime even <br />though it was advertised as general. <br />Commissioner Gustaveson asked the County Attorney if we could divide the <br />request into two phases, Phase I being 6 acres and Phase II being 86 acres which <br />could be considered at some future point within the frame work of this public <br />hearing. <br />