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6 <br /> 1 John Roberts said there is more flexibility with legislative matters, as they are not quasi- <br /> 2 judicial. He said if someone really wanted to comment on this until January, he would probably <br /> 3 permit it; but technically there should be no more public comment allowed. <br /> 4 <br /> 5 A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs <br /> 6 to continue the public hearing until January 21, 2016 to allow the Planning Board to complete its <br /> 7 review. <br /> 8 <br /> 9 VOTE: UNANIMOUS <br /> 10 <br /> 11 c. Zoning Atlas Amendment - Jacobs Glass Rezoning - Closure of Public Hearing <br /> 12 and Action (No Additional Comments Accepted) <br /> 13 The Board received the Planning Board recommendation, considered closing the public <br /> 14 hearing, and making a decision on an owner initiated request to rezone a split zoned 9.8 acre <br /> 15 parcel of property in accordance with the provisions of Section 2.9.2 of the Unified Development <br /> 16 Ordinance. <br /> 17 Michael Harvery reviewed the following background, and additional information provided <br /> 18 via answers to questions from both the Planning Board and the BOCC. <br /> 19 BACKGROUND: <br /> 20 This item was presented at the September 8, 2015 Quarterly Public Hearing. During the <br /> 21 public hearing the following questions/comments were made: <br /> 22 1. A BOCC member asked if the property owner will have to maintain land use buffers along <br /> 23 NC 751 and adjacent residential property, both in Orange and Durham counties, if the property <br /> 24 were rezoned. <br /> 25 STAFF COMMENT.- The property owner will have to comply with established buffers, <br /> 26 including: <br /> 27 a. The 100 foot perimeter Economic Development District (EDD) buffer required under <br /> 28 Section 6.8.12 (C) (1) of the UDO along the southern property line (i.e. railroad right-of- <br /> 29 way) and eastern property line (i.e. Durham County line), and <br /> 30 b. A 20 foot Type A land use buffer along NC 751 in accordance with Section 6.8.12 (C) <br /> 31 (13) of the U DO. <br /> 32 The aforementioned land use buffers are the same for EDE-1 and EDE-2 zoned property. <br /> 33 <br /> 34 2. A Planning Board member asked if approval of the rezoning petition grants development <br /> 35 rights allowing for the expansion of the existing commercial operation. <br /> 36 STAFF COMMENT.-As indicated during the public hearing, approval of the zoning atlas <br /> 37 amendment does not eliminate the applicant's responsibility to apply for, and obtain, site <br /> 38 plan approval and a Zoning Compliance Permit allowing for the expansion of the existing <br /> 39 business as required by Section 2.5 of the UDO. <br /> 40 <br /> 41 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to <br /> 42 close the public hearing and adopt the Statement of Consistency, contained within Attachment <br /> 43 5, and the Ordinance amending the Zoning Atlas, contained within Attachment 6, as <br /> 44 recommended by the Planning Board and staff. <br /> 45 <br /> 46 VOTE: UNANIMOUS <br /> 47 <br /> 48 d. Zoning Atlas Amendment: Conditional Zoning — Master Plan Development <br /> 49 Conditional Zoning District (MPD-CZ) Hart's Mill - Closure of Public Hearing and <br /> 50 Action (No Additional Comments Accepted) <br />