Agenda - 02-16-2010 - 5a - Laserfiche WebLink

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Attachment 4 12 Approved 1/6/2010 MINUTES ORANGE COUNTY PLANNING BOARD DECEMBER 2, 2009 REGULAR MEETING Members Present: Brian Crawford, At-Large-Eno Township; May Becker, At-Large -Chapel Hill Township; Rachel Phelps Hawkins, Hillsborough Township Representative; Peter Hallenbeck, At-Large -Cheeks Township; Mark Marcoplos, At-Large -Bingham Township; Jeffrey Schmitt, Cedar Grove Township Representative; Larry Wright, At-large-Cedar Grove Township; Tommy McNeill, Eno Township Representative Members Absent: Samantha Cabe, Chapel Hill Township Representative; Mary Bobbitt-Cooke, Cheeks Township Representative; Judith Wegner, Bingham Township Representative; Earl McKee, Little River Township Representative; Staff Present: Craig Benedict, Planning Director; Michael Harvey, Zoning Administration; Tina Love, Administrative Assistant II Agenda Item 7: Zoning Atlas Amendment -Intersection of NC 54 and White Cross Road To make a recommendation to the BOCC on this proposed atlas amendment heard at the November 23, 2009 Quarterly Public Hearing. Presenter: Michael Harvey Michael Harvey: Beginning on page 15 of your agenda packet you have an abstract relating to the processing of a zoning atlas amendment concerning a parcel of land located at the intersection of North Carolina Highway 54 and White Cross Road. This is the Vemon Davis application. Mr. Davis is seeking to rezone a portion of his 4.7 acre parcel of property located at the above mentioned intersection, specifically one acre from agriculture residential to neighborhood commercial two. As the Board will recall from the Public Hearing, we had indicated that this is the second go round for this petition which was tabled by the applicant upon recommendation by the Planning Board while we adjusted an inconsistency with the Zoning Ordinance. Mr. Davis is seeking to rezone this one acre parcel property and I will refer you on pages 35, 37, and 39 of your packet. He has an existing septic system supporting a commercial operation on his residentially zoned parcel of property. Previous interpretations by staff had allowed this to occur unfortunately it has not been consistent with the Ordinance and upon Mr. Benedict's and my tenure with the County, we sought to reverse what we saw as a blatant violation of County policy, specifically having commercial operations encumbering residentially zoned parcels. Mr. Davis submitted the application and we had to originally recommend denial because of a limitation of the cumulative amount of nonresidential zoned property within rural activity nodes. The Zoning Ordinance originally established a five acre cumulative cap on local commercial one and neighborhood commercial two, nonresidential zoning within the White Cross node. The node was at capacity. The one acre was not allowed. We have since amended the Zoning Ordinance to increase that cap to ten total acres of LC-1 and NC-2. Mr. Davis' application therefore is consistent with the Zoning Ordinance and we forwarded an affirmative recommendation as required by Article 20 for your consideration. We are asking the Planning Board to make an affirmative recommendation on the petition to the County Commissioners finding that the Board should act to approve the Statement of Consistency with the Comprehensive Plan in attachment three and the Resolution of Rezoning Petition approval in attachment four. I will answer any questions you may have at this time. Brian Crawford: I just have one question, attachment six says resolution of the Orange County Board of Commissioner to deny.... the language goes on to say we hereby approve it. Michael Harvey: No, it should be deny, I apologize. MOTION made by Larry Wright to approve staffs recommendation: the Statement of Consistency and the Resolution of Rezoning Petition. Seconded by Jeff Schmitt VOTE: Unanimous