ORD-2008-108- Zoning Atlas Amendment (Rezoning) Intersection of NC 54 & White Cross Road (Davis)

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'Mr. Davis is concerned about his continued ability to have the septic system supporting his commercial operation on the AR zoned parcel of property. 'Recent plans, published by the North Carolina Department of Transportation, indicate that there will be modifications to both White Cross Road and NC 54. These improvements will limit the available parking for the existing commercial operation and restrict access to the property. 'Mr. Davis is seeking to rezone approximately 1.04 acres of the subject parcel to NC -2 and then recombine the property with his adjacent NC -2 zoned property, 'If the request is approved, the septic system supporting the existing commercial operation will be properly zoned and could be recombined with the adjacent commercially zoned parcel of property Zoning Officer Analysis: According to Section 4.2.9 of the Orange County Zoning Ordinance, the maximum amount of land zoned NC -2: ' ... at any node shall not exceed nine acres, but a maximum of 5 acres shall apply where population density is lower and distributed more widely than in the Transition areas.' There is a similar prohibition on the amount of Local Commercial One (LC -1) zoned property within an established Node contained within Article Four (4) of the Ordinance. Zoning Officer Analysis (continued): In completing an assessment of the existing non - residentially zoned property within the White Cross Rural Community Activity Node, the Zoning Officer has determined: 'There is approximately four point five (4.5) acres of existing property zoned Neighborhood Commercial Two (NC -2) within the Node, and 'There is approximately four point two (4.2) acres of existing property zoned Local Commercial One (LC -1) within the Node. Staff is required to recommend the Board deny this request due to the following: 'Approving the request would allow more NC -2 zoned property than allowed by the Ordinance. As there is already 4.5 acres of NC -2 zoned property this request, if approved, would increase the total acreage to 5.5 acres, Zoning Officer Analysis (continued) 'There has been no evidence submitted indicating that the density within the Node is equal to existing densities within the various Transition Areas in the County, Staff Recommendations: 'Receive the rezoning petition, *Conduct the Public Hearing and accept comments from all interested parties, *Refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners no later than January 8, 2009 'Adjourn the Public Hearing until February 3, 2009 in order to receive and accept the Planning Board's recommendation. Planning Board member Samantha Cabe asked clarifying questions about the transition area and the density and Michael Harvey answered.