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ORD-2010-022 (No Action) Denying Ordinance for Zoning Atlas Amendment for ReZoning Petition Submitted by Vernon Davis
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ORD-2010-022 (No Action) Denying Ordinance for Zoning Atlas Amendment for ReZoning Petition Submitted by Vernon Davis
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Last modified
3/13/2019 3:03:53 PM
Creation date
2/17/2010 11:30:15 AM
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BOCC
Date
2/16/2010
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5a
Document Relationships
Agenda - 02-16-2010 - 5a
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 02-16-2010 - Regular Mtg.
Minutes 02-16-2010
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2010
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Planner Michael Harvey said that this item is the culmination of a public hearing <br />regarding a rezoning petition submitted by Mr. Vernon Davis regarding this 4.7-acre parcel. He <br />made reference to the various minutes from the Quarterly Public Hearing and the Planning <br />Board relating to this item. Basically, Mr. Davis has an existing septic system and repair area <br />on an adjacent residentially zoned parcel of property. He is seeking to rezone that septic area <br />and recombine it with the Neighborhood-Commercial II zoned portion of the property because <br />he is worried that if the septic system fails he will not be able to replace it, and that is correct. <br />He is seeking to resolve a longstanding problem that is indicative of the White Cross area <br />where septic systems are located off-site or on residentially zoned portions of property. The <br />Planning Board has reviewed this item and recommended approval. The staff recommends <br />that this item be approved. The Manager's recommendation is to receive the Planning Board's <br />recommendation, close the public hearing, and to approve the petition. <br />A motion was made by Commissioner Hemminger, seconded by Commissioner <br />Pelissier to close the public hearing. <br />VOTE: 6-0 (Commissioner Yuhasz was excused) <br />A motion was made by Commissioner Hemminger, seconded by Commissioner <br />Pelissier to approve the rezoning petition by approving the Statement of Consistency <br />(Attachment 5) and approving the Resolution of rezoning petition approval (Attachment 6). <br />VOTE: 6-0 (Commissioner Yuhasz was excused) <br />b. Zoning Ordinance Text Amendment -Article Nine (9) Sias- Out Door <br />Advertising <br />The Board received the Orange County Zoning Ordinance relating to the regulation of <br />outdoor advertising (i.e. billboards) and considered a decision on the proposed text amendment. <br />Michael Harvey said that this ordinance amendment clarifies the County's limitations on <br />the regulation of billboards. He gave the history of this item. He said that this amendment only <br />indicates that in cases where there is a conflict that the local zoning regulations will be <br />preempted. This amendment in and of itself will not prevent erection of additional billboards in <br />any portion of the County where they are currently legal. The Planning Board unanimously <br />recommended approval. The Administration also recommends approval. <br />Commissioner Gordon made reference to the 2"d paragraph of Section 9.8 and said that <br />it should say, "the corresponding State/Federal law shall take precedence." <br />Commissioner Jacobs thanked staff for doing this. He said that he wants the staff to <br />address digital billboards. Michael Harvey said that staff will be looking into this and banning <br />digital billboards as well as requiring solar-powered lights for billboards. <br />A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to <br />receive the Planning Board recommendation, close the public hearing, and approve the <br />ordinance amendment contained within Attachment 2, with the amendment as stated above by <br />Commissioner Gordon. <br />VOTE: UNANIMOUS <br />c. Orange County's Proposed 2010 Legislative Agenda <br />The Board held a public hearing on Orange County's potential legislative items for the <br />2010 North Carolina General Assembly Session and considered potential items for inclusion in <br />the agenda package and priority discussion with Orange County's legislative delegation. <br />Commissioner Foushee said that this item is not much different than what the County <br />presented last year. <br />
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