ORD-2010-074 Ordinance for Zoning Atlas Amendment for Rezoning Petition Submitted by Vernon Davis

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~- ~ ~ ~~/~ b. Zoning Atlas Amendment (Rezoning) - 3300 NC 54 West ~ v The Board received the Planning Board recommendation on a rezoning petition submitted by Mr. Vernon Davis to rezone a portion of a 2.04-acre parcel of property located at 3300 NC Highway 54 West. Planning Supervisor Michael Harvey said that this is a reconvening of a public hearing. The septic system on this parcel is supporting an existing commercial operation and is located on a residentially-zoned portion of the subject property. Mr. Davis has expressed concerns about being able to repair the septic system in the event that it fails. During the public hearing, there were concerns expressed by local citizens about the operation of a U-Haul rental business on this property, and that has ceased. The Planning Board reviewed this item at the June 2"d regular meeting where it voted unanimously to recommend approval of this request. During this meeting, the Planning Board also discussed having dialogue on ways the rezoning of districts can be potentially expedited in the future. NO PUBLIC COMMENT Commissioner Jacobs asked if the owner could put the U-Haul rental business back after the rezoning and Michael Harvey said no. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger to approve a rezoning petition by approving the Statement of Consistency (Attachment 5) and approving the Resolution of Rezoning Petition Approval (Attachment 6). Commissioner Yuhasz said that he has had a prior relationship with the applicant on this matter, but has not represented him in any way in this particular rezoning request. VOTE: UNANIMOUS c. Public Hearing for the Consideration of EMS Franchises: AAA Transport, Inc. and North State Medical Transport, Inc. The Board conducted a public hearing on the need for ambulance services. Emergency Services Director Frank Montes de Oca summarized this item. North Carolina General Statute 153A-250 provides that before a County may by ordinance franchise ~, ambulance services in the County, the Board of Commissioners must first hold a public hearing on the need for ambulance services. After the hearing the Board may adopt an ordinance if it finds that to do so is necessary to assure the provision of adequate and continuing services and to preserve, protect, and promote the public health, safety, and welfare." Notice has been published as provided in the statute. In accordance with the statute, a franchise ordinance cannot be granted, "until it has been passed at two regular meetings of the Board of Commissioners." NO PUBLIC COMMENT A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to close the public hearing. VOTE: UNANIMOUS