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HomeMy WebLinkAboutAgenda - 02-16-2010 - 5aORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 2010 Action Agenda Item No. 5 - Q SUBJECT: Zoning Atlas Amendment (Rezoning) -Intersection of NC 54 and White Cross Road (Davis) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Copy of Legal Advertisement 2. Aerial Photos of the Property 3. Minutes from the November 23, 2009 Quarterly Public Hearing 4. Minutes from December 2, 2009 Planning Board Regular Meeting 5. Statement of Consistency with Comprehensive Plan 6. Resolution of Rezoning Petition Approval 7. Statement of Inconsistency with Comprehensive Plan 8. Resolution of Rezoning Petition Denial INFORMATION CONTACT: Craig Benedict, Director 245-2592 Michael D. Harvey, Planner 245-2597 PURPOSE: To receive the Planning Board recommendation on a rezoning petition submitted by Mr. Vernon Davis to rezone a portion of a 4.7 acre parcel of property located at the intersection of NC 54 and White Cross Road (TMBL 6.30..7M /PIN 9749-40-0293). Specifically, the applicant is requesting to rezone one (1) acre of the subject parcel: From: Agricultural Residential (AR) To: Neighborhood Commercial Two (NC-2) BACKGROUND: This item was presented at the November 23, 2009 Quarterly Public Hearing. As staff indicated during the hearing, there is an existing septic system and repair field, supporting an adjacent NC-2 zoned parcel, located on the subject property. The purpose of this request is to rezone the portion of the subject parcel already encumbered by the existing septic system and repair area and then recombine this rezoned portion of property with the adjacent, existing, commercially zoned property. The result would be that the septic system supporting the existing commercial operation would then be located on the same parcel of property. Staff Note: Salient information regarding this application includes: 2 A. Recent amendments to Article Four (4), specifically Sections 4.2.8 and 4.2.9 of the Ordinance, have increased the total cumulative amount of allowable non-residential zoned property within a Rural Community Activity Node to ten (10) acres of LC-1 and ten (10) acres of NC-2. B. Th ere is already 4.2 acres of existing property zoned Local Commercial One (LC-1) and 4.5 acres of existing property zoned Neighborhood Commercial Two (NC-2) within the White Cross Rural Community Activity Node, and C. If this petition is approved, there will be 5.5 acres of NC-2 zoned property within the Node, leaving a balance of 4.5 acres of potential NC-2 zoned property. Planning Board Review: The Planning Board reviewed this item at its December 2, 2009 regular meeting where the Board voted to approve (vote unanimous) this request as presented by staff. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. RECOMMENDATIONS: The Administration recommends the Board: 1. Receive the Planning Board recommendation, 2. If necessary, deliberate further on the proposed amendment, 3. Close the public hearing, and 4. Approve the rezoning petition by: a. Approving the Statement of Consistency (Attachment 5) b. Approving the Resolution of rezoning petition approval (Attachment 6) Attachment 1 NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held at the Central Orange Senior Center, 103 Meadowlands Drive, Hillsborough, North Carolina, on Monday, November 23, 2009, at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. PUBLIC HEARING ITEMS 1. Rezoning -Intersection of NC 54 and White Cross Road REZONING of a parcel of property at the intersection of NC 54 and White Cross. Road (TMBL 6.30..7M /PIN 9749-40-0293) from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2). The property owner, Mr. Vernon Davis, has initiated this request. Mr. Davis owns two (2) contiguous parcels of property at the intersection of White Cross Road and NC Highway 54. One parcel is an 8,400 square foot parcel of property that is zoned Neighbofiood Commercial Two (NC-2) and the other is a 4.7-acre parcel of property zoned Agricultural Residential (AR). Mr. Davis is seeking to recombine portions of these two (2) lots and create a 1.6- acre parcel of property zoned NC-2. Mr. Davis is seeking the approval of this rezoning request to allow for the parking and septic system supporting an existing commercial operation to be located on the same property. Purpose: To receive citizen comment on the rezoning request to zone approximately 1.6 acres to NC-2. 2. Sign Ordinance Amendments -Outdoor Advertising Signs (Billboards) ZONING ORDINANCE TEXT AMENDMENT. In accordance with the provisions of Article Twenty (20) the Orange County Planning staff has initiated an amendment to Article Nine (9) Signs of the Zoning Ordinance to develop language outlining the County's limitations on the regulation of outdoor advertising signs (i.e. billboards). Staff is proposing to amend the provisions of Article Nine (9) to address limitations on the regulation of outdoor advertising signs in an effort to bring existing County regulations into compliance with recent court cases. 3 Purpose: To receive citizen comment on the proposed amendments. 4 3. Telecommunication Wireless Support Structures (Telco Towers) The County is proposing to use certain County properties as potential sites for Telco Towers.. The process to enroll these sites as part of the zoning code's Master Telecommunications Plan (MTP) does not require a formal public hearing. However, since possible future tower development to serve the needs of public safety, information technology, and economic development on behalf of citizens and businesses, Orange County is bringing this provision forward for public discussion. America's Recovery and Reinvestment Act (ARRA) has grant funds for projects that can bring broadband (wireless or cabled systems) to unserved and underserved areas of the County. Therein, Orange County is preparing itself to meet the requirements of a future grant submittal. No specific tower applications are being proposed at this time. Purpose: To receive citizen comment on the Master Telecommunications Plan. Accommodations for individuals with physical disabilities can be provided if the request is made to the Director of Planning at least 48 hours prior to the Public Hearing by calling the appropriate number listed below. The full text of the changes may. be obtained after November 13, 2009 from the Planning Department. Also, the text may be obtained at the County website www.co.orange.nc.us at the Meeting Agendas link prior to the meeting. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306E Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chapel Hill Herald November 11, 2009 November 11, 2009 November 18, 2009 November 18, 2009 5 ATTACHMENT TWO (2) - MAP OF PROPERTY AND SURROUNDING LAND USES NC-54-W 4 ; 1 1 Property subject to rezoning petition 3010 White Cross Road (TMB L 6.30..7M IN 9749-40-0293) o 1 i T 1 � Haw River i R Unprotected Watershed ---------------x-01/ Area proposed to be rezoned a z a 0 60 120 USGS Water Feature Q Parcel Zoning 100 YR Floodplain(Effective 02/02/07) 1 Feet Soils Survey Water Feature Township f 1 City Limits Floodway(Effective 02/02/07) 1 inch=67.98 feet ^^-OC Updated Water Feature School System Boundary f 1 ETJ 500 YR Floodplain(Effective 02/02/07) Water Body Contours Conservation Easements Buildings Held by Others ° 4 River Basins -----County Orange County Watershed Soils Conservation Easements d: 6 ATTACHMENT TWO (2) — MAP OF PROPERTY AND SURROUNDING LAND USES sill NC54 Iq7 r• 1 1 1 1 � NC-2 zoned propert co of 1 ' i 1 1 r '* v 1 w Haw River Unprotected Watershed Area proposed to be recombined �•� with NC-2 zoned parcel r 1 a . 1 r,_ i * X . =g. r Ir r 0 60 120 USGS Water Feature Q Parcel Zoning 100 YR Floodplain(Effective 02/02/07) iFe Soils Survey Water Feature Township If 1 City Limits Floodway(Effective 02102/07) 1 inch=64.02 feet =^-OC Updated Water Feature School System Boundary f,1 ETJ 500 YR Floodplain(Effective 02/02/07) Water Body Contours Conservation Easements Buildings Held by Others c�"a River Basins -----County Orange County l Watershed Soils (- Conservation Easements ATTACHMENT TWO (2) - MAP OF PROPERTY AND SURROUNDING LAND USES r � 76 4 r� r Single-family residential Pre-school r • , _ N. 12estaurant Gi: `;tatlotf Contractors Office flaw River GI UnprotectedWatershec.—_ Commercial Building --_--NC.54-W- s • EYE �.. Station a �-''��',: r, •fir; ` Area to be rezoned Subject property , F xt ^ G L a Doti ! Single-family residential Single-family residential AR d` _ Single-family residential . -.' _ -.� .. _ ♦ � # i may. r } 230 460 USGS Water Feature O Parcel Zoning 100 YR Floodplain(Effective 02/02/07) R Soils Survey Water Feature Township f J City Limits Floodway(Effective 02/02/07) 1 inch=240.98 feet ^-OC Updated Water Feature School System Boundary [1 ETJ 500 YR Floodplain(Effective 02/02107) Water Body Contours Conservation Easements F Buildings 'mi Held by Others e River Basins -County Orange County n Watershed gods t=-.� Conservation Easements g White Cross Node: Commercial Acerage Breakdown:: Local Commercial One. (LC-1) Existing Acerage: 4.23 acres Neighborhood CommercialTwo (NCB 2) Existing Acerage: 4.5 acre Haw River Unprotected Watershed ^r' t; Node Boundary ' ^ L Va • S� M Y it t � 4 . r r r A, , i l Q 2 M • '+'y U LL1 s � r _ r S ^r Data shown on this map is obtained from Orange County GIB and is for reference only *"• +n, �a.�f. \� �rt + � • - „t Exact locations and boundaries should be field verified. `• .« >�^c a�° t ,,.,, « . + > Map prepared by Orange County Planning&Inspections. i USGS Water Feature O Parcel Zoning 100 YR Floodplain(Effective 02102/07) 0 750 1,500 Soils Survey Water Feature Tovmship if City Limits Floodvay(Effective 02102/07) Feet = OC Updated Water Feature School System Boundary [r;j- ETJ SW YR Floodplain(Effective 02/02107) 1 inch 941 feet Water Body Contours Conservation Easements Buildings .. Held by Others River Basins -----County Orange County ' Watershed Soils Conservation Easements r Attachment 3 APPROVED 12/15/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING November 23, 2009 7:30 p.m. The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing meeting on Monday, November 23, 2009 at 7:30 p.m. in the Central Orange Senior Center, 103 Meadowlands Drive in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Valerie Foushee and Commissioners Alice M. Gordon, Pam Hemminger, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz. COUNTY COMMISSIONERS ABSENT: Barry Jacobs COUNTY ATTORNEY PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Brian Crawford and Members May Becker, Peter Hallenbeck, Rachel Phelps Hawkins, Mark Marcoplos, Earl McKee, Tommy McNeill, Jeffry Schmitt, Judith Wegner, and Larry Wright. PLANNING BOARD MEMBERS ABSENT: Mary Bobbitt-Cooke and Samantha Cabe 1. Rezoning -Intersection of NC 54 and White Cross Road: To receive public comments on a proposed rezoning of a parcel of property at the intersection of NC 54 and White Cross Road (TMBL 6.30..7M /PIN 9749-40-0293) from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2). Michael Harvey presented this item. He said that this is the same Vernon Davis rezoning application that was originally presented last November. As the Board will recall, staff recommended denial of the petition, given the fact that it did not comply with the various provisions of the Zoning Ordinance, specifically Sections 4.2.8 and 4.2.9 that capped the total cumulative amount of non-residential land that could be located within a Node. This property is within the White Cross Rural Community Activity Node and the node was, at that time, at the established limit. Since that time, staff, the Planning Board, and the Board of County Commissioners processed an ordinance amendment to increase the total cumulative amount of non-residential zoned property permitted within a node to ten acres for both Local Commercial I and Neighborhood Commercial II zoning designations. Mr. Davis was then informed that his petition could receive a favorable recommendation and Mr. Davis resubmitted. The purpose of this petition is to rezone one acre of the 4.7-acre parcel because that is where the septic system and repair field are located for an adjacent commercially-zoned property. Mr. Davis will recombine this one acre into the existing adjacent parcel of property so that it is all in one parcel. 9 10 Attachment 3 AGENDA ITEM: C1 PUBLIC HEARING Review of a petition to REZONE a portion property at 3010 White Cross Road (approximately 1.04 acres) from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2) Property Vicinity Map: APPLICATION SPECIFICS: •Applicant: Vernon Davis •Address: 3010 White Cross Rd •TMBL /PIN: 6.30..7M / 9749-40-0293 •Size of Parcel: 4.7 acres •Zoning: Agricultural Residential (AR), •Township: Bingham •Land Use Element Map (LUEM) Designation: White Cross Rural Community Activity Node •Proposed Zoning: Neighborhood Commercial Two (NC-2) -1.04 acres Surrounding Land Uses: •NORTH: •Across NC 54: several commercial operations and residential land uses •SOUTH/EAST/WEST: •Predominately single-family residential land uses with a commercial land use to the east Node Boundaries: Request: •There is a septic system, and required repair area, located on the subject parcel that supports an adjacent commercially zoned parcel of property owned by Mr. Davis, •Mr. Davis is concerned about his continued ability to have the septic system supporting his commercial operation on the AR zoned parcel of property. •Mr. Davis is seeking to rezone approximately 1.04 acres of the subject parcel to NC-2 and then recombine the property with his adjacent NC-2 zoned property, •If the request is approved, the septic system supporting the existing commercial operation will be properly zoned and could be recombined with the adjacent commercially zoned parcel of property Zoning Officer Analysis: 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 ten acres.' 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. Zoning Officer Analysis: In completing an assessment of the existing non-residentially zoned property within the White Cross Rural Community Activity Node, the Zoning Officer has determined: •There is approximately four point five (4.5) acres of existing property zoned Neighborhood Commercial Two (NC-2) within the Node, and 11 Attachment 3 •There is approximately four point two (4.2) acres of existing property zoned Local Commercial One (LC-1) within the Node. Zoning Officer Analysis (continued): Staff recommends approval of the request as there is available land are to allow for the rezoning to occur. Staff Recommendations: •Receive the rezoning petition, •Conduct the Public Hearing and accept comments from all interested parties, •Refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners no later than February 16, 2010 •Adjourn the Public Hearing until February 16, 2010 in order to receive and accept the Planning Board's recommendation. Commissioner Yuhasz requested to be excused from the vote for this item when it comes back to the Board. PUBLIC COMMENT: Blair Pollock said that he does not know Mr. Davis. He said that he agrees that the County is at an important crossroads for being able to expand the commercial base. Every time there are so many limitations, it is counterproductive to this goal of more commercial development. He said that some years ago, The Wizard's Cauldron was in the same situation and could not quadruple its size because of the septic field being on an AR parcel, so it moved to Caswell County. He hopes that this opportunity will be used to open up the rural nodes more and give the Fiesta Grill a chance to expand. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the February 16, 2010 BOCC regular meeting; and adjourn the public hearing until February 16, 2010 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Attachment 4 12 Approved 1/6/2010 MINUTES ORANGE COUNTY PLANNING BOARD DECEMBER 2, 2009 REGULAR MEETING Members Present: Brian Crawford, At-Large-Eno Township; May Becker, At-Large -Chapel Hill Township; Rachel Phelps Hawkins, Hillsborough Township Representative; Peter Hallenbeck, At-Large -Cheeks Township; Mark Marcoplos, At-Large -Bingham Township; Jeffrey Schmitt, Cedar Grove Township Representative; Larry Wright, At-large-Cedar Grove Township; Tommy McNeill, Eno Township Representative Members Absent: Samantha Cabe, Chapel Hill Township Representative; Mary Bobbitt-Cooke, Cheeks Township Representative; Judith Wegner, Bingham Township Representative; Earl McKee, Little River Township Representative; Staff Present: Craig Benedict, Planning Director; Michael Harvey, Zoning Administration; Tina Love, Administrative Assistant II Agenda Item 7: Zoning Atlas Amendment -Intersection of NC 54 and White Cross Road To make a recommendation to the BOCC on this proposed atlas amendment heard at the November 23, 2009 Quarterly Public Hearing. Presenter: Michael Harvey Michael Harvey: Beginning on page 15 of your agenda packet you have an abstract relating to the processing of a zoning atlas amendment concerning a parcel of land located at the intersection of North Carolina Highway 54 and White Cross Road. This is the Vemon Davis application. Mr. Davis is seeking to rezone a portion of his 4.7 acre parcel of property located at the above mentioned intersection, specifically one acre from agriculture residential to neighborhood commercial two. As the Board will recall from the Public Hearing, we had indicated that this is the second go round for this petition which was tabled by the applicant upon recommendation by the Planning Board while we adjusted an inconsistency with the Zoning Ordinance. Mr. Davis is seeking to rezone this one acre parcel property and I will refer you on pages 35, 37, and 39 of your packet. He has an existing septic system supporting a commercial operation on his residentially zoned parcel of property. Previous interpretations by staff had allowed this to occur unfortunately it has not been consistent with the Ordinance and upon Mr. Benedict's and my tenure with the County, we sought to reverse what we saw as a blatant violation of County policy, specifically having commercial operations encumbering residentially zoned parcels. Mr. Davis submitted the application and we had to originally recommend denial because of a limitation of the cumulative amount of nonresidential zoned property within rural activity nodes. The Zoning Ordinance originally established a five acre cumulative cap on local commercial one and neighborhood commercial two, nonresidential zoning within the White Cross node. The node was at capacity. The one acre was not allowed. We have since amended the Zoning Ordinance to increase that cap to ten total acres of LC-1 and NC-2. Mr. Davis' application therefore is consistent with the Zoning Ordinance and we forwarded an affirmative recommendation as required by Article 20 for your consideration. We are asking the Planning Board to make an affirmative recommendation on the petition to the County Commissioners finding that the Board should act to approve the Statement of Consistency with the Comprehensive Plan in attachment three and the Resolution of Rezoning Petition approval in attachment four. I will answer any questions you may have at this time. Brian Crawford: I just have one question, attachment six says resolution of the Orange County Board of Commissioner to deny.... the language goes on to say we hereby approve it. Michael Harvey: No, it should be deny, I apologize. MOTION made by Larry Wright to approve staffs recommendation: the Statement of Consistency and the Resolution of Rezoning Petition. Seconded by Jeff Schmitt VOTE: Unanimous ATTACHMENT FIVE (5) -Statement of Consistency: STATEMENT OF CONSISTENCY OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A-341 REGARDING A APPLICATION OF AMENDMENT TO THE ORANGE COUNTY ZONING ATLAS FOR VERNON DAVIS Orange County has received and reviewed the application of Vernon Davis, (the "Applicant") to amend the Orange County Zoning Atlas to rezone a one point zero four (1.04) portion of a four point seven (4.7) acre parcel of real property located at 3010 White Cross Road from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2). The parcel is identified more particularly in the application for amendment submitted by the Applicant. The Orange County Board of Commissioners has determined that the amendment requested if approved will be consistent with Orange County's adopted comprehensive plan, and the Board of Commissioners proposed action on the amendment applied for is reasonable and in the public interest for the following reasons: 1) The proposed Amendment will allow for the development of a parcel of property within the County consistent with existing overall policies and development strategies embodied within the Orange County Comprehensive Plan. Adopted by the Orange County Board of Commissioners this day of 2010. Ayes: Noes: 13 Donna Baker, Clerk to BOCC ATTACHMENT SIX (6) -Resolution of Rezoning Approval oRD- aolo- o~ I RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY VERNON DAVIS Date: ApplicantlOwner: Vernon Davis The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board") hereby approves an Application For Amendment (the "Application") to the Orange County Zoning Ordinance (the "Ordinance") and the Orange County Zoning Atlas (the "Atlas") submitted by Vernon Davis (the "Applicant") to amend the Ordinance and Atlas by rezoning those certain parcels of property described more fully below: FROM: Agricultural Residential (AR) TO: Neighborhood Commercial Two (NC-2) The property is further identified. by the following legal description as provided by the Applicant within the Application: BEGINNING at a point in the western right-of-way of White Cross Road (S.R. 1952) the southeast corner of property of Vernon P. and Barbara S. Davis acquired by deed recorded in the Orange County Registry in Book 419 page 32, a northeast corner of Lot 1 as shown on the plat hereinafter referenced, an iron stake. Then with the western right-of-way of White Cross Road, S 05°-59'-04" W 151.01 feet to a new point, an iron stake. Then leaving the right-of-way, a new line N 81 °-00'-56" W 153.9.8 feet to a new point, an iron stake. Then another new line, N 10°-38'-47~ W 272.79 feet to a new point in the southern right-of--way of North Carolina Highway 54, an iron stake. Then with the southern right-of-way of N.C. 54 counter- clockwise along the arc of a curve having a radius of 3879.42 feet an distance of 164.92 feet (chord: S 84°-23'-26" E 164.91 feet) to a point, an existing iron stake. Then continuing with the right-of-way, S 46°-02'-16" E 20.48 feet to the northwest corner of the previously mentioned Davis property, an existing iron stake,. Then with Davis S 07°-14'-04" W 104.18 feet to a point, an iron stake. Then continuing with Davis, S 81 °-14'-50" E 81.04 feet to the point and place of Beginning, containing 1.04 acres more or less, and being the northeastern portion of Lot 1 as shown on the plat of survey by ENT Land Surveys, Inc. entitled "Property of Vernon P. Davis and Barbara S. Davis" dated August 29, 1996 and recorded in the Orange County Registry in Plat Book 76 page 179. 14 In accordance with the Ordinance, the Board hereby makes the following findings as to the appropriateness of the Application: 15 1. That the Application is complete in accordance with the submittal requirements detailed within Article Twenty (20) of the Ordinance, specifically Section 20.3.2; 2. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof including, but not limited to, the following: a. The purpose, intent, and goals of the Growth Management System adopted by the BOCC in 2003. This Ordinance shall become effective upon approval. Adopted by the 2010. Ayes: Noes: Orange County Board of Commissioners this day of Donna Baker, Clerk to BOCC ATTACHMENT SEVEN (7) -Statement of Inconsistency: STATEMENT OF INCONSISTENCY OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PURSUANT TO NORTH CAROLINA GENERAL STATUTE 153A-341 REGARDING A APPLICATION OF AMENDMENT TO THE ORANGE COUNTY ZONING ATLAS FOR VERNON DAVIS Orange County has received and reviewed the application of Vernon Davis, (the "Applicant") to amend the Orange County Zoning Atlas to rezone a one point zero .four (1.04) portion of a four point seven (4.7) acre parcel of real property located at 3010 White Cross Road from Agricultural Residential (AR) to Neighborhood Commercial Two (NC-2). The parcel is identified more particularly in the application for amendment submitted by the Applicant. The Orange County Board of Commissioners has determined that the amendment requested if approved will be inconsistent with Orange County's adopted comprehensive plan, and the Board of Commissioners proposed action on the amendment applied for is not reasonable and not in the public interest for the following reasons: 1) That pursuant to Section 20.3.2 (e) of the Orange County Zoning Ordinance, the Board finds that the proposed Zoning Atlas amendment will not carry out the intent and purpose of the adopted Comprehensive Plan or part thereof 2) That the Board finds that the proposed amendment will result in land uses that are not similar to existing development 3) That the Board finds that the proposed amendment is not consistent with the requirements of the Orange County Zoning Ordinance Adopted by the Orange County Board of Commissioners this day of 2010. Ayes: Noes: 16 Donna Baker, Clerk to BOCC ATTACHMENT EIGHT (8) -Resolution of Rezoning Denial: ©12D- ~©lo- oaa RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS TO DENY AN ORDINANCE FOR A ZONING ATLAS AMENDMENT FOR A REZONING PETITION SUBMITTED BY VERNON DAVIS Date: The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board") hereby denies an Application For Amendment (the "Application") to the Orange County Zoning Ordinance (the "Ordinance") and the Orange County Zoning Atlas (the "Atlas") submitted by Vernon Davis (the "Applicant") to amend the Ordinance and Atlas by rezoning those certain parcels of property described more fully below: FROM: Agricultural Residential (AR) TO: Neighborhood Commercial Two (NC-2) The property is further identified by the following legal description as provided by the Applicant within the Application: BEGINNING at a point in the western right-of-way of White Cross Road (S.R. 1952) the southeast corner of property of Vernon P. and Barbara S. Davis acquired by deed recorded in the Orange County Registry in Book 419 page 32, a northeast corner of Lot 1 as shown on the plat hereinafter referenced, an iron stake. Then with the western right-of-way of White Cross Road, S 05°-59'-04" W 151.01 feet to a new point, an iron stake. Then leaving the right-of-way, a new line N 81 °-00'-56" W 153.98 feet to a new point, an iron stake. Then another new line, N 10°-38'-47" W 272.79 feet to a new point in the southern right-of-way of North Carolina Highway 54, an iron stake. Then with the southern right-of-way of N.C. 54 counter- clockwise along the arc of a curve having a radius of 3879.42 feet an distance of 164.92 feet (chord: S 84°-23'-26" E 164.91 feet) to a point, an existing iron stake. Then continuing with the right-of-way, S 46°-02'-16" E 20.48 feet to the northwest corner of the previously mentioned Davis property, an existing iron stake,. Then with Davis S 07°-14'-04" W 104.18 feet to a point, an iron stake. Then continuing with Davis, S 81 °-14'-50" E 81.04 feet to the point and place of Beginning, containing 1.04 acres more or less, and being the northeastern portion of Lot 1 as shown on the plat of survey by ENT Land Surveys, Inc. entitled "Property of Vernon P. Davis and Barbara S. Davis" dated August 29, 1996 and recorded in the Orange County Registry in Plat Book 76 page 179. 17 18 In accordance with the Ordinance, the Board hereby makes the following findings as to the denial of the Application: 1. That pursuant to Section 20.3.2 (e) of the Ordinance, the Board finds that the Application will not carry out the intent and purpose of the adopted Comprehensive Plan or part thereof. This Ordinance shall become effective upon approval. Adopted by the 2010. Ayes: Noes: Orange County Board of Commissioners this day of Donna Baker, Clerk to BOCC