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b. Z-4-87 Autowerks Planner Greg Szymik presented for the receipt of public comments a ~, proposed request by Charles Miller and Merle Dancy to amend the Orange County Zoning Atlas. The property is located on the east side of NC Highway 86 north of New Hope Church Road (SR 1723) and south of Old NC 10. The applicants are requesting a rezoning on a portion of lot 1 of Tax Map 2 - Chapel Hill Township. The property that would be rezoned contains 41,480 square feet or 0.95 acres. The current zoning is Rural Residential (R- 1). The proposed zoning is Existing Commercial. (EC-5). The property is the present location of Autowerks auto repair garage. The area is designated as Rural Residential in the Land Use Plan a The applicants maintained that the existing use was in operation in 1981 when Hillsborough Township was zoned and that an error was made at that time in that the property was zoned R-1 and should have been designated Existing Commercial (EC-5). Szymik continued that it is not clear from the 1981 zoning maps what the intent was for that property. Tt was not zoned EC-5 nor was it included on the list of properties with non-conforming uses. It is clear in viewing the existing land use patterns and the existing building patterns that there-are no unusual circumstances with regard to this property. Planning Staff recommends denial of the proposed rezoning for the following reasons: (1) The lot proposed to be rezoned is totally surrounded by an R-1 residential zone. (2) The lot is not located in or near a commercial transition node on the Land Use Plan. The closest node is the Harmon Young node which is~4,400 feet or eight-tenths of a mile north of the property. (3) The existing use can continue to operate at its present size and do business as a non-conforming use. Planning Board Member Best asked if there was proof that the business was in operation before September, 1981. Szymik stated there were attachments in the. agenda which would indicate that Autowerks was in business, billing for services, and paying NC sales taxes prior to September 1981. Best continued, asking the difference between an EC-5 designation and a non-conforming. Szymik responded that EC-5 is a zoning classification which permits the change of use or expansion, and as non- conforming the garage would not be allowed to expand. Planning Board Member Yuhasz asked if there would be a problem in rezoning the property to EC-5 at this time. Szymik responded that the procedure would be to identify that an error had been made in the original zoning, and EC-5 zoning should have been applied to the property at that time. Szymik stated that the work maps indicated there was a non- residential use on the property at the time that the 1981 zoning changes were being prepared, but they did not indicate the intent in regard to the property. Planning Board Member Best asked why the applicant desired a rezoning. Szymik responded that with an EC-5 zoning classification, there is an opportunity for expansion and change of use. Planning Board Member Pilkey asked what the previous use of the structure was. Szymik responded that it was previously a convenience store.