Orange County NC Website
Browse       Search
Mr. Davis is worried that if /when the existing septic system fails he will be prohibited from <br />making the necessary improvements to maintain the use of the NC -2 zoned parcel of property <br />as there is insufficient land area to install a new septic system on the property. <br />It should be noted that current Planning staff concur with the interpretation made sometime in <br />the mid 1990's that we would not support the installation of a septic system on a residentially <br />zoned parcel of property to support on off -site commercial land use. Further, there is no <br />evidence that Mr. Davis sought to appeal this determination and, as a result, the decision has <br />the full force of law. <br />The applicant would like to rezone a portion of the subject property at 3010 White Cross Road, <br />specifically the aforementioned one point zero four (1.04) acres, and recombine it with the adjacent <br />NC -2 zoned lot creating a one point six (1.6) acre parcel of property encompassing the existing <br />commercial building and the existing septic system /repair area on a single parcel of property. . <br />It should be noted that Mr. Davis had previously attempted to rezone the subject property. In <br />1995, the County reviewed a request to rezone the subject parcel from AR to Agricultural <br />Services (AS). This request was denied. (Please refer to Attachment One (1) of this abstract <br />for more information) One of the rationales for the denial was directly related to the location of <br />the aforementioned septic system. <br />Mr. Davis would like to resolve this problem to avoid future conflicts. <br />ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the 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 has been deemed complete in accordance with the requirements of <br />Article Twenty (20) of the Zoning Ordinance. <br />2. The properties in question are located within the White Cross Rural Community Activity <br />Node as denoted on the Orange County Comprehensive Plan Land Use Element Map. <br />3. According to the Comprehensive Plan Rural Community Activity Nodes are areas of the <br />County intended to serve the needs of the surrounding rural community, where numerous <br />land uses have been deemed appropriate for development including: churches, fire <br />stations, small post offices, schools, other similar institutional uses and one or more <br />commercial uses. <br />4. According to Section 4.2.9 of the Orange County Zoning Ordinance, the maximum <br />amount of land zoned NC -2: ' ... at any node shall not exceed nine acres, but a <br />maximum of 5 acres shall apply where population density is lower and distributed more <br />widely than in the Transition areas.' There is a similar prohibition on the amount of Local <br />Commercial One (LC -1) zoned property within an established Node contained within <br />Article Four (4) of the Ordinance. <br />5. In completing an assessment of the existing non - residentially zoned property within the <br />White Cross Rural Community Activity Node, the Zoning Officer has determined: <br />a. There is approximately four point two (4.2) acres of existing property zoned Local <br />Commercial One (LC -1) within the Node, and <br />