ORD-2012-039 Ordinance Amending the Zoning Atlas - Rezoning and Class A Special Use Permit Modification

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9. /F--/ z 6. Public Hearings a. Rezoning and Class A Special Use Permit Modification — Spence Dickinson The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on a request submitted by Mr. Spence Dickinson to rezone a 4.003 acre parcel of property to Rural Buffer and modify an existing Class A Special Use Permit (hereafter 'SUP') for the Heartwood at Blackwood Mountain Planned Development by removing the subject property from its provisions. Chair Pelissier explained the purpose of the item is to receive the Planning Board recommendation for Spence Dickinson. Michael Harvey: Good evening. Tonight's request is to receive the Planning Board recommendation, close the public hearing, make a decision on the request submitted by Mr. Spence Dickinson to rezone an approximately four-acre parcel of property; to rezone the parcel of property from Rural Buffer to Planned Development Housing and remove this parcel from the confines of the existing Class A Special Use Permit for the Parkwood at Blackwood Mountain subdivision. As part of the attachments for the siting, you have the July 11, 2012 Planning Board abstract, the excerpt from the approved May 290' Quarterly Public Hearing notes; an excerpt from the approved July 11, 2012 Planning Board regular minutes; responses from the applicant regarding conditions associated with this project. In Attachment 5, the Planning Board recommended the Findings of Fact. Attachment 6 is an Ordinance Amending the Orange County Zoning Atlas. Attachment 7 is an Ordinance Denying an Amendment to the Orange County Zoning Atlas. Attachment 8 is a Resolution of Consistency for the 2030 Comprehensive Plan. Attachment 9 is a Resolution of Inconsistency for the 2030 Comprehensive Plan. Chair Pelissier declared the public hearing re-convened and asked staff to make their presentation. Michael Harvey: You also have a script that was produced by staff, providing you with an outline of the actions that staff will be taking this evening and to aid you in making your motions. Please remember that this is a two-sphered process. You're going to be taking action of modification to a Class A Special Use Permit, specifically removing this lot as shown on the overhead projector from the confines of an existing Class A Special Use Permit. The second action you're going to take this evening is a legislative action to rezone the subject property to Rural Buffer. As you will remember from meetings past, we have had a new procedure that we had to follow as a result of the State Supreme Court decision on rezoning. Previously, we had combined Statements of Consistency with the Comprehensive Plan for the Ordinance Amending the Zoning Atlas. According to a recent State Supreme Court case, we can no longer do that, which is why you now have two attachments. In this case, I am referring to Attachment 6 and Attachment 8. Attachment 8 states that you are adopting outlining how this project is consistent with the 2030 Comprehensive Plan. Please remember that previous to this, or previous to the last meeting when we looked at the Eno Economic Development District, we put this information in one central resolution. We now have to split it out. The cadence for adoption is also specified by the State Supreme Court and that you must adopt an ordinance amending the Orange County Zoning Atlas first, and then adopt a Statement of Consistency to the Comprehensive Plan.