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a rural community and rural community activity node whereas GC-3 and CC-4 are not. Therefore, these <br /> are treated differently in the dimensional standards. Commissioner Gordon thanked her for the <br /> clarification. <br /> A motion was made by Commissioner McKee, seconded by Commissioner Hemminger, to close <br /> the public hearing and adopt the ordinance contained in Attachment 2 which authorizes the text <br /> amendments. <br /> VOTE: UNANIMOUS <br /> d. Zoninq Atlas Amendment—Woods Rezoninq <br /> Michael Harvey with the Orange County Planning Department stated their request was to change <br /> the zoning on a parcel on Highway 70 owned by the Woods from Rural Residential (R1) to Neighborhood <br /> Commercial (NC2). He referenced a map on the overhead which was also a part of Attachment 2 in the <br /> packets. This showed the abstract of the area to be rezoned. This item was presented at the May 2gtn <br /> public hearing where the Staff informed them the property is currently in a split zone with some zoned <br /> Rural Residential and some zoned NC-2. The problem this creates for the property owner is that <br /> technically, setback landscape buffer requirements, parking requirements, and septic setback <br /> requirements, are all taken from the zoning lot line. The huge problem is having these two properties <br /> conform to applicable setback and development standards. As was articulated at the quarterly public <br /> hearing, this was done based on an interpretation of former County Attorney and former Staff to only zone <br /> those areas of property technically utilized to support commercial activities. The installation use of septic <br /> systems, the preservation buffer, and also the parking, are components of the commercial activity, and the <br /> entire property should be zoned appropriately to insure the protection of the preservation required buffers. <br /> It would also insure adequate land areas to support the development consistent with the parameters of the <br /> UDO. <br /> Mr. Harvey indicated the applicant and engineer consultant were present for questions. <br /> Mr. Harvey also stated a couple of comments were made at the quarterly public hearing concerning <br /> this item and that information was on page 2 of the abstract. The Planning Board reviewed this item at <br /> their June 6th meeting and voted unanimously to recommend approval. The Planning Department finds it <br /> consistent with the comprehensive plan and believes it's consistent with the goals and policies as <br /> articulated by this Board for trying to address similar issues. He noted they have had numerous rezoning <br /> cases to address this and will probably have several more. <br /> Mr. Harvey reiterated the Board was being asked to receive the Planning Board's recommendation, <br /> discuss the matter if any discussion is necessary, to close the public hearing, and to approve the zoning <br /> request as articulated in the ordinance in Attachment 3. <br /> Frank Clifton, Orange County Manager, said he'd had discussions with the owners of this property. <br /> The issue is trying to get the line straightened up with the property boundaries versus the zoning <br /> boundaries and related issues. It has been an expensive process for the owners due to having to have <br /> the entire property surveyed and the Orange County processing fees. Mr. Clifton suggested they <br /> challenge the Staff to look at areas where the zoning boundary and property boundary are off by some <br /> amount and initiate rezoning of those properties to correctly fix this type of situation and to help <br /> landowners avoid the expense and time involved in correcting these types of problems in the future. <br /> Chair Pelissier said they discussed this in agenda review and she was also concerned about these <br /> costs and the length of time of the process given there are a number of other properties. After making a <br /> motion for this, she said she would entertain a motion from the Board to direct the Manager to do what he <br /> is suggesting. <br /> A motion was made by Commissioner McKee, seconded by Commissioner Foushee, to close the <br /> public hearing and receive the Planning Board's recommendation, and to approve an owner-initiated <br /> Zoning Atlas Amendment to rezone approximately 0.58 acres of land on two parcels of property from Rural <br /> Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified <br /> Development Ordinance (UDO) as contained in Attachment 3. <br /> VOTE: UNANIMOUS <br />