ORD-2009-013-Zoning Atlas Amendment Rezoning -4115 Old NC10 Jones

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14 56 ,... fo provide a district to be used only during the application of zoning to 57 previously unzoned townships to accommodate existing commercial uses or in 5$ zoned townships to previously zoned commercial property which is not located 59 in areas designated as Activity Nodes by the adopted Comprehensive Plan. 60 At the same time the County initiated a Zoning Atlas amendment of this, and other similar properties, to change their 61 zoning designation to EC-5 in order for them to be consistent with the objectives and policies of the Comprehensive 62 Plan. 63 64 PUBLIC HEARING: During the public hearing staff testified the previously identified body shop had been closed 65 sometime in the late 1990's and currently there was not anon-residential land use operating from the property. The 66 property owner testified they were unaware the property was zoned EC-5 and that they have no interest or intention 67 in developing oroperating anon-residential land use on their property. 68 69 .Staff indicated during the hearing there had been no opposition to the zoning atlas petition and recommended 70 approval of the petition rezoning the subject property to Rural Residential One (R-1). 71 72 During the hearing, the County Commissioners encouraged staff to continue to identify those EC-5 zoned properties 73 without a corresponding non-residential land use and determine if a Zoning Atlas Amendment is warranted. 74 75 RECOMMENDATION: The Zoning Officer recommends the Planning Board: 76 77 1. Deliberate on the petition and review the various comments made during the public hearing, 78 2. Recommend approval of the Zoning Atlas Petition finding that: 79 a. The Zoning Atlas Petition is complete in accordance with the provisions of Article Twenty (20) of 80 the Zoning Ordinance, 81 b. Per Section 20.3.2 (d) of the Zoning Ordinance, staff and the property owner have identified 82 appropriate changes relating to the use of the property making the Zoning Atlas Petition 83 reasonable necessary in promoting the public health, safety, and general welfare. 84 Specifically, the changing condition relates to the property owner's desire to utilize the property to 85 support asingle-family residential development rather than allow for the development of a non- 86 residential land use. 87 c. Per Section 20.3.2 (e) of the Zoning Ordinance, the approval of the Zoning Atlas Petition would 88 carry out the intent of the Orange County Comprehensive Plan. 89 Specifically, the approval of the petition would eliminate an EC-5 zoning designation on a parcel of 90 property where there is no non-residential land use in operation. By approving the petition, the use 91 of the property to support asingle-family residence would be consistent with surrounding land uses 92 as well as the land use category for the area as detailed within the Comprehensive Plan. 93 3. Recommend approval of the Statement of Consistency and Resolution of Rezoning Approval to the BOCC. 94 95 Brian Crawford thanked Michael Harvey for his presentation and asked if there was anyone in the audience that 96 would like to comment on the proposal. As there were none, Brian Crawford asked the Board members if they had 97 any questions. 98 99 Jeff Schmitt asked how this matter was brought to staffs and owner's attention. Michael Harvey indicated the 100 owners of the property had come to see him after attempting to refinance their residence when they were apparently 101 informed they would have to pay a commercial mortgage rate as the property had a commercial zoning designation. 102 Michael Harvey said the property owners were unaware that the property was zoned EC-5 and that they had no 103 interest in utilizing the property for commercial purposes. 104 105 Mary Bobbitt-Cooke said she was concerned that this problem may be a County wide issue and hoped that staff was 106 being proactive is attempting to help property owners address it. There was general discussion on this point. 107