ORD-2012-036 Ordinance Amending the Zoning Atlas - Eno Economic Development District (EDD) Area Land Use

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9- Z- 6. Public Hearings a. Eno Economic Development District(EDD) Area Land Use and Zoning Amendments The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on County-initiated amendments to the Future Land Use Map and Zoning Atlas. Chair Pelissier said that this public hearing is only open to receive the Planning Board recommendation and written comments. She asked the County Attorney to explain why oral comments are not being considered at this time. John Roberts said that the reason this Board cannot hear oral comments at this meeting is because the UDO requires both legislative and quasi-judicial hearings conducted during the QPH and reconvene the public hearings for the purpose of receiving the Planning Board's recommendation and to receive any written comments. He has previously verbally informed the BOCC that in his opinion, once the public hearing is adjourned for that purpose further oral testimony/comment should not be accepted at the reconvened public hearing and once the original hearing takes place, it is referred to the Planning Board. By ordinance the County Commissioners cannot receive any more oral comments and secondly, important legal reason to avoid accepting further oral testimony/comment once a motion is made and passed wherein the sole stated purpose of adjourning and reconvening the public hearing is to receive the Planning Board's recommendation and to receive written comments. If an individual attends the QPH and offers testimony or comments but does not attend the reconvened hearing because the individual reasonably expects no further oral testimony/comment will be accepted and oral testimony/comment is then accepted to which the individual cannot respond, that individual may then have grounds to appeal whatever decision or policy the BOCC enters. Chair Pelissier said that although people have signed up to speak, some have sent written comments already. Written comments are shown below: From: Chris Kelsey fmailto:kelsey chrisehotmaii.coml Sent: Wednesday, September 05, 2012 2:30 PM To: Craig Benedict; Bernadette Pelissier; Pam Hemminger (External); Vaorie Foushee; Alice Gordon (External); Barry Jacobs; Earl McKee; Steve Yuhasz Subject: BOCC Agenda Item- Eno Economic Development District Dear Orange County Commissioners, As a citizen of Orange County who lives along Old NC-10, 1 would implore you NOT to accept the current Eno Economic Development District zoning and land use proposals which will be discussed tomorrow night. You have heard from numerous residents who live along Old NC-10, which is a beautiful rural residential road, protest against the possibility of non-residential entities tainting our neighborhood. The current Land Use Classification AND Zoning is "Rural Residential". Based on negative public input, the planning board proposes to retain rural residential zoning, but still desires to change the Land Use Classification from rural residential to EDE-1, which allows a number of non-residential entities. This would negatively impact our neighborhood in many ways (increased traffic on two-lane road, dangerous underpasses, depress home values, etc).