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HomeMy WebLinkAboutORD-2010-021 Zoning Atlas Amendment for a Rezoning Petition Submitted by Vernon Davis~~~yod~~ ~2~/~"~~ I 6~v ATTACHIVIENT SIX (6} - Resolutiott of Rezoning Approval DRD- ~ olo- oa ~ 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: Applicant/Owner: 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 153.98 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 southem 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:' i5 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 Orange County Board of Commissioners this ~ day of 2010. Ayes: Noes: Donna Baker, Clerk to BOCC ATTACbIMENT 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 DAMS 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 aeon on the amendment applied for is not reasonable and not in the public interest for the following reasons: 1) That pursuant to Sectio} 20.3.2 (e) of the Orange County Zoning Ordinance, the Boazd finds that the proposed.~oning 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 similaz to existing development 3) That the Boazd finds, that the proposed amendment is not consistent with, the requirements of the Orange County Zoning Ordinance Adopted by the Orange County~Boazd of Commissioners this day of 2010. Ayes: Noes: 16 Donna Baker, Clerk to BOCC ~~2fJ-~o~f~--~~i 5a..- c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 44 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Classification and Pav Ptan Amendment -Modify Classification The Board reclassified the Tax Assessor (Grade 29) to Revaluation Manager (Grade 19); and reclassified the Deputy Revenue Director (Grade 22) to Revenue Collections Manager (Grade 24). e. Contract Award for Architectural Services. Link Government. Services Center Phase II The Board approved and authorized the Chair to sign the contract engaging Corley, Redfoot, Zack, Inc. as the Designer for Link Government Services Center Phase II. f. Contract Amendment for Engineering and Construction Administration Services for Twin Creeks Greenway The Board approved and authorized the Chair to sign the Contract Amendment not to exceed $106,400 for Contract Administration Services with Coulter Jewell Thames, PA for the Twin Creeks Greenway Project as required by North Carolina Department of Transportation as Contract Administrator for American Recovery and Reinvestment Act funds. g: Public Safety Communications Improvements REMOVED The Board was to consider an allocation up to $112,000 from the Emergency Services Reserve Capital Project to update and improve the Public Safety Communications infrastructure. h. Fiscal Year 2009-10 Budget Amendment #7 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2009-10 for Health Department, Emergency Services, Solid Waste Enterprise Fund, Department of Social Services, and Library Services. i. Addition of Subdivision Roads in Tuscany Ridge Subdivision to the North Carolina Department of Transportation Maintained Road System The Board forwarded the Petition for Addition to the State Maintained System for subdivision roads in Tuscany Ridge Subdivision to the North Carolina Department of Transportation; and recommended the Board of Transportation accept those roads for maintenance as State secondary roads. L Addition of Subdivision Roads in Beaver Valley Subdivision to the North Carolina Department of Transportation Maintained Road System The Board forwarded the Petition for Addition to the State Maintained System for subdivision roads in Beaver Valley Subdivision to the North Carolina Department of Transportation; and recommended the Board of Transportation accept those roads for maintenance as State secondary roads. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Public Hearings a. Zoning Atlas Amendment (Rezoning) -Intersection of NC 54 and White Cross Road (Davis) The Board received 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 and considered rezoning. Commissioner Yuhasz asked to be excused because of a conflict of interest with this Mr. Vernon Davis. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to excuse Commissioner Yuhasz from participating in this item. VOTE: UNANIMOUS Planner Michael Harvey said that this item is the culmination of a public hearing regarding a rezoning petition submitted by Mr. Vernon Davis regarding this 4.7-acre parcel. He made reference to the various minutes from the Quarterly Public Hearing and the Planning Board relating to this item. Basically, Mr. Davis has an existing septic system and repair area on an adjacent residentially zoned parcel of property. He is seeking to rezone that septic area and recombine it with the Neighborhood-Commercial II zoned portion of the property because he is worried that if the septic system fails he will not be able to replace it, and that is correct. He is seeking to resolve a longstanding problem that is indicative of the White Cross area where septic systems are located off-site or on residentially zoned portions of property. The Planning Board has reviewed this item and recommended approval. The staff recommends that this item be approved. The Manager's recommendation is to receive the Planning Board's recommendation, close the public hearing, and to approve the petition. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to close the public hearing. VOTE: 6-0 (Commissioner Yuhasz was excused) A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve the rezoning petition by approving the Statement of Consistency (Attachment 5) and approving the Resolution of rezoning petition approval (Attachment 6). VOTE: 6-0 (Commissioner Yuhasz was excused) b. Zoning Ordinance Text Amendment -Article Nine (9) Sigs- Out Door Advertising The Board received the Orange County Zoning Ordinance relating to the regulation of outdoor advertising (i.e. billboards) and considered a decision on the proposed text amendment. Michael Harvey said that this ordinance amendment clarifies the County's limitations on the regulation of billboards. He gave the history of this item. He said that this amendment only indicates that in cases where there is a conflict that the local zoning regulations will be preempted. This amendment in and of itself will not prevent erection of additional billboards in any portion of the County where they are currently legal. The Planning Board unanimously recommended approval. The Administration also recommends approval. Commissioner Gordon made reference to the 2"d paragraph of Section 9.8 and said that it should say, "the corresponding State/Federal law shall take precedence." Commissioner Jacobs thanked staff for doing this. He said that he wants the staff to address digital billboards. Michael Harvey said that staff will be looking into this and banning digital billboards as well as requiring solar-powered lights for billboards. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to receive the Planning Board recommendation, close the public hearing, and approve the ordinance amendment contained within Attachment 2, with the amendment as stated above by Commissioner Gordon. VOTE: UNANIMOUS c. Orange Countv's Proposed 2010 Legislative Agenda The Board held a public hearing on Orange County's potential legislative items for the 2010 North Carolina General Assembly Session and considered potential items for inclusion in the agenda package and priority discussion with Orange County's legislative delegation. Commissioner Foushee said that this item is not much different than what the County presented last year.