HomeMy WebLinkAboutORD-2010-074 Ordinance for Zoning Atlas Amendment for Rezoning Petition Submitted by Vernon DavisATTACHIv1EEN'T SIX (6) -Resolution of Rezoning Approval
RESOLUTION
OF THE
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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:
August 17, 2010
Vernon Davis
The Board of County Commissioners for Orange County (hereafter "BOCC" or "Board")
herby 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: Rural Residential One (R-1)
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 an existing iron pipe on the southern right-of-way of NC
Highway 54, a corner common to Armin Leith and Timberidge Rentals
LLC, said pipe also being located N 87°23'42"E 884.92' (Grid) from NCGS
Monument "Lloyd" having NC Grid coordinates of N=790516.1617. and
E=1944417.4858; thence leaving said southern right-of--way and with the
western line of said Leith S 09°52'08" E 269.99' to a set iron pipe, a corner
common to Timberidge Rentals, LLC #2 Vernon P. Davis; thence, with the
northern line of said Timberidge S 83°19'00" W 347.94' to a set iron pipe
on the eastern right-of-way of Vernon Drive, thence, with said eastern
right-of--way N 02°45'23" W 270.96' to a set, iron pipe on the southern
right-of--way of the aforementioned NC Highway 54; thence, with said
southern right-of--way with the arc of a curve to the left having a radius of
3879.72 (chord N 83°27'13" E 314.38') for a length of 314.47' to the point
and or place of beginning containing 2.04 acres more or less
In accordance with the Ordinance, the Board hereby makes the following findings as to
the appropriateness of the Application:
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;
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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 2030 Comprehensive
Plan or part thereof including, but not limited to, the following:
a. The Land Use Element Map.
This Ordinance shall become effective upon approval.
Adopted by the Orange
2010.
Ayes:
Noes:
County Board of Commissioners this day of
Donna Baker, Clerk to BOCC
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b. Zoning Atlas Amendment (Rezoning) - 3300 NC 54 West ~ v
The Board received the Planning Board recommendation on a rezoning petition
submitted by Mr. Vernon Davis to rezone a portion of a 2.04-acre parcel of property located at
3300 NC Highway 54 West.
Planning Supervisor Michael Harvey said that this is a reconvening of a public hearing.
The septic system on this parcel is supporting an existing commercial operation and is located
on a residentially-zoned portion of the subject property. Mr. Davis has expressed concerns
about being able to repair the septic system in the event that it fails. During the public hearing,
there were concerns expressed by local citizens about the operation of a U-Haul rental
business on this property, and that has ceased. The Planning Board reviewed this item at the
June 2"d regular meeting where it voted unanimously to recommend approval of this request.
During this meeting, the Planning Board also discussed having dialogue on ways the rezoning
of districts can be potentially expedited in the future.
NO PUBLIC COMMENT
Commissioner Jacobs asked if the owner could put the U-Haul rental business back
after the rezoning and Michael Harvey said no.
A motion was made by Commissioner Hemminger, seconded by Commissioner
Pelissier to close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Pelissier, seconded by Commissioner
Hemminger to approve a rezoning petition by approving the Statement of Consistency
(Attachment 5) and approving the Resolution of Rezoning Petition Approval (Attachment 6).
Commissioner Yuhasz said that he has had a prior relationship with the applicant on this
matter, but has not represented him in any way in this particular rezoning request.
VOTE: UNANIMOUS
c. Public Hearing for the Consideration of EMS Franchises: AAA Transport,
Inc. and North State Medical Transport, Inc.
The Board conducted a public hearing on the need for ambulance services.
Emergency Services Director Frank Montes de Oca summarized this item. North
Carolina General Statute 153A-250 provides that before a County may by ordinance franchise
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ambulance services in the County, the Board of Commissioners must first hold a public hearing
on the need for ambulance services. After the hearing the Board may adopt an ordinance if it
finds that to do so is necessary to assure the provision of adequate and continuing services and
to preserve, protect, and promote the public health, safety, and welfare." Notice has been
published as provided in the statute. In accordance with the statute, a franchise ordinance
cannot be granted, "until it has been passed at two regular meetings of the Board of
Commissioners."
NO PUBLIC COMMENT
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to close the public hearing.
VOTE: UNANIMOUS