Agenda - 11-24-2008 - c4 - Laserfiche WebLink

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Mr. Davis is worried that if/when the existing septic system fails he will be prohibited from making the necessary improvements to maintain the use of the NC-2 zoned parcel of property as there is insufficient land area to install a new septic system on the property. It should be noted that current Planning staff concur with the interpretation made sometime in the mid 1990's that we would not support the installation of a septic system on a residentially zoned parcel of property to support on off-site commercial land use. Further, there is no evidence that Mr. Davis sought to appeal this determination and, as a result, the decision has the full force of law. The applicant would like to rezone a portion of the subject property at 3010 White Cross Road, specifically the aforementioned one point zero four (1.04) acres, and recombine it with the adjacent NC-2 zoned lot creating a one point six (1.6) acre parcel of property encompassing the existing commercial building and the existing septic system/repair area on a single parcel of property. It should be noted that Mr. Davis had previously attempted to rezone the subject property. In 1995, the County reviewed a request to rezone the subject parcel from AR to Agricultural Services (AS). This request was denied. (Please refer to Attachment One (1) of this abstract for more information) One of the rationales for the denial was directly related to the location of the aforementioned septic system. Mr. Davis would like to resolve this problem to avoid future conflicts. ZONING OFFICER ANALYSIS: As required under Section 20.3.3 of the Orange County Zoning Ordinance, the Zoning Officer is required to: 'cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. In analyzing this request, the Zoning Officer offers the following information: 1. The application has been deemed complete in accordance with the requirements of Article Twenty (20) of the Zoning Ordinance. 2. The properties in question are located within the White Cross Rural Community Activity Node as denoted on the Orange County Comprehensive Plan Land Use Element Map. 3. According to the Comprehensive Plan Rural Community Activity Nodes are areas of the County intended to serve the needs of the surrounding rural community, where numerous land uses have been deemed appropriate for development including: churches, fire stations, small post offices, schools, other similar institutional uses and one or more commercial uses. 4. According to Section 4.2.9 of the Orange County Zoning Ordinance, the maximum amount of land zoned NC-2: ' ... at any node shall not exceed nine acres, but a maximum of 5 acres shall apply where population density is lower and distributed more widely than in the Transition areas.' There is a similar prohibition on the amount of Local Commercial One (LC-1) zoned property within an established Node contained within Article Four (4) of the Ordinance. 5. In completing an assessment of the existing non-residentially zoned property within the White Cross Rural Community Activity Node, the Zoning Officer has determined: a. There is approximately four point two (4.2) acres of existing property zoned Local Commercial One (LC-1) within the Node, and