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ORD-2009-016-Planning Zoning Atlas Amendment (Rezoning) 214 Phelps Road -
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ORD-2009-016-Planning Zoning Atlas Amendment (Rezoning) 214 Phelps Road -
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Last modified
5/9/2011 12:41:46 PM
Creation date
1/13/2010 10:29:38 AM
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BOCC
Date
5/19/2009
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5-2a
Document Relationships
Agenda - 05-19-2009 - 5-2-a
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 05-19-2009
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<br />2 <br />SURROUNDING LAND USES: NORTH: <br />SOUTH/EASTNVEST: <br />~~1 <br />Single family residential and <br />undeveloped parcels of property <br />zoned AR. <br />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-S 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 ofthe 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 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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