ORD-2010-046 Zoning Atlas Amendment Rezoning - 3300 NC 54 West

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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 August 17, 2010 •Adjourn the Public Hearing until August 17, 2010 in order to receive the Planning Board's recommendation. Planning Board member Tommy McNeil arrived at 7:25 PM. Public Comment Perdita Holtz was speaking as a citizen. She said that she lives in the White Cross node and she is concerned about what Mr. Davis will do with the property. She does support non- residential development in this node, provided the uses serve predominantly the surrounding area. She said that the zoning ordinance states that LC-1 and NC-2 zoning districts are for limited commercial uses designed to serve the population at the neighborhood and rural level with convenience goods and personal services. It also states that the NC-2 zoning district would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the existing neighborhood. She said that recently a U- Haul operation was started on the Shell station property across NC 54. She said that U-Haul vans and trailers are being stored on the south side of NC 54 on the property zoned R-1 and is under consideration for the rezoning. She questions whether a U-Haul operation fits the state of intent of the LC-1 and NC-2 zoning districts. She said that she removed herself from the discussions in the Planning Department because she has a personal interest in this matter. Regarding her view as a citizen and an owner of fairly adjacent property, she said that sales and rentals of durable and convenience goods are permitted in those two zoning districts, however, sales and rentals of new and used motor vehicles are allowed only in GC-4 and the industrial districts. She said that if it is determined that a U-Haul rental operation is a permitted use in an NC-2 zoning district, she would like some sort of vegetative screen to be required to mitigate the impact of that outdoor storage component of the business. Teresa Smith is the owner of the retail business on land owned by Mr. Davis and the building that is designated as NC-2. She said that the U-Hauls were brought up as a concern and she believes that Mr. Davis has addressed this by moving them off the property. Right now, her understanding is that they really are just looking at the opportunity for the septic. She said that they are trying to build a community activity center there and this requires adequate septic. Commissioner Jacobs asked whether the Board was considering uses when it considers rezoning and Michael Harvey said no. Any use within the NC-2 zoning designation can be developed on any parts of the property being rezoned. Commissioner Yuhasz asked how much of this property would be required for a septic system and if this land (for septic system) is dedicated to the non-residential use, would there be any land left over or any possibility of using this for residential purposes. Michael Harvey said that there are existing septic lines and a repair area. He said that staff will be working with Mr. Davis on many different issues and septic will be one of them. Mark Marcoplos said that it would make sense for the Planning Board to just say at this meeting that everything is ok with this rezoning instead of bringing it back at another meeting. He said that this would save time. Commissioner Gordon explained the reasoning behind the process. The reason for scheduling the public hearing at one meeting and the decision by the Commissioners at a subsequent meeting is so that there will be adequate time for the public to receive notice of the