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HomeMy WebLinkAboutAgenda - 08-21-2012 - 6d 001 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2012 Action Agenda Item No. 6-d SUBJECT: Zoning Atlas Amendment—Woods Rezoning DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENTS: INFORMATION CONTACT: 1. Zoning Application Packet Glenn Bowles, Planner II, 245-2577 2. Rezoning Map Michael D. Harvey, Planner III, 245-2597 3. Ordinance Approving Rezoning Petition Craig Benedict, Director, 245-2592 4. Ordinance Denying Rezoning Petition 5. Excerpt from Draft May 28, 2012 Quarterly Public Hearing Minutes 6. Excerpt from June 6, 2012 Planning Board Minutes PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decision on an owner-initiated Zoning Atlas Amendment to rezone approximately 0.58 acres of land on two parcels of property from Rural Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified Development Ordinance (UDO). BACKGROUND: This item was presented at the May 29, 2012 Quarterly Public Hearing. As staff indicated the two properties owned by Mr. and Mrs. Ronald and Phyllis Woods are split zoned, specifically: • PIN 9874-78-1414: a 26,769 sq. ft. parcel split zoned with 8,540 sq. ft. zoned R1 and the remaining zoned NC2; and • PIN 9874-68-9326: a 47,851 sq. ft. parcel split zoned with 16,540 sq. ft. zoned R1 and the remaining portion zoned NC2. The properties are north of Highway 70, east of the intersection of Highway 70 and St. Mary's Road, and are currently utilized to support a small garden center. These parcels are adjacent to the Merritt properties, which are also subject to a rezoning petition currently under review (please see Attachment 2 for additional detail). The current zoning configuration limits available locations for septic systems to support development, as septic fields supporting non-residential development cannot be located on residentially zoned portions of property, and creates problems with respect to the owner complying with established landscape, parking, and setback standards. The proposed atlas amendment would eliminate the existing R-1 zoning designation it its entirety and rezone those portions of property to NC2. 002 Public Hearing Discussion: • A BOCC member asked why there were instances where zoning designations did not match up with property line boundaries. STAFF RESPONSE: This is the result of previous interpretations made by former staff and County Attorney when individual townships throughout the County were initially zoned. The rationale appeared to be that the actual, existing, commercial portions of a given property were zoned to allow for the continued legal operation of non-residential land uses while keeping the remaining portion of the property zoned residential to prevent expansion. The problem is lots are technically non-conforming given the fact required landscaped buffers are not on-site and these properties are limited with respect to the areas where the necessary infrastructure (i.e. well and septic) can be placed to address public health issues. Eliminating split zoning addresses the majority of these issues. • A BOCC member asked if there were other instances, throughout the County, where this was an issue. STAFF RESPONSE: Staff indicated there were other properties with similar issues throughout the County. Planning Board Discussion: The Planning Board reviewed this item at its June 6, 2012 regular meeting where there was no discussion concerning this agenda item. Planning Board Recommendation. The Board voted unanimously to recommend approval of the Woods rezoning request as recommended by staff consistent with the attached Ordinance (Attachment 3). Planning Director's Recommendation: The Planning Director recommends approval of this rezoning based on the following: 1. The rezoning is consistent with the adopted Comprehensive Plan which designates the parcels as being located within the Commercial-Industrial Transition Activity Node. 2. The properties are of sufficient size to be rezoned to the NC-2 zoning designation. 3. The rezoning is consistent with various Principles, Goals, and Objectives of the adopted Comprehensive Plan (see section B of Attachment 1). FINANCIAL IMPACT: This rezoning request has been reviewed by County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. RECOMMENDATION: The Manager recommends the Board: 1. Receive the Planning Board's recommendation, 2. Discuss the item, as necessary, 003 3. Close the public hearing, and 4. Adopt the Ordinance of approval for the Zoning Atlas Amendment within Attachment 3. —Attachment 1 tttRtrnIMISORIELEtt. 004 tttt v.rbt timm. lb Orange County Pianning and Inspections Department 52 APPLICATION POO 'ZONING ATLAS AMENDMENT GENE USE REZONING REQUEST APPLICANT INFORMATION: (Date: 3-12-12 Applicant: Summit Design and Engineering Services(Michelle Kempinski) Phone: 919-732-3883 Address: 504 Meadowland Drive Cell Phone: Hillsborough,NC 27278 E-mail: michelle.kempinski@summit-engineer.com PROPERTY SUBJECT TO REQUEST: Parcel Identification Number(PIN): 9874-68-9326 and 9874-78-1414 Address of property: 1218 US 70 E and '#3 THOMAS LEE MERRITT P50/179',Hillsborough,NC 27278 Owner of property: Ronald K and Phyllis B Woods Current Zoning Designation: NC2 and RI Requested Zoning Designation: NC2 ** If Applicant/Owner are different people,include a signed,notarized,statement indicating that the owner has authorized the applicant to submit the request. In cases where there are multiple property owners, please attach an additional document containing their signatures authorizing the submission of the application or other legal documentation establishing the applicants right to file on their behalf. attalgtSOMMIMMIIIEW utrtillrn AWN IV SUBMITTAL INFORMATION- Section 2.8.3 of the Unified Development Ordinance(UDO) 1) A Map, at a legible scale,showing the property(s)subject to the request. A map may be procured at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule I 2) A legal description of the property(s)proposed for rezoning 3) A list showing the names and addresses of all adjacent property owners within 500'feet of the subject property. 4) A detailed narrative denoting the following: a. The alleged error in the Zoning Atlas(if any)that will be corrected by the proposed request. b. The changed,or changing,conditions(if any)that make the proposed amendment reasonable necessary to promote the public health,safety,and general welfare. c. How the proposed amendment is consistent with,or carries out the intent and purpose of,the Orange County Comprehensive Plan, 5) In cases involving amendments to the Special Flood Hazard Area Overlay District, applicants shall supply the following additional information in accordance with Section 2.8,3 (G) of the UDO: a. An elevation certificate with either an 14,4T-1,MT-2,or MT-EZ(forms available through FEMA)or b. A 'No-impact' analysis for a letter of map revision 6) The filing fee per the adopted Orange County fee schedule in affect as of the date of the application, I (we), the undersigned, have been made aware of the process for the review and action associated with a UDO Zoning Atlas Amendment application and understand only completed applications, containing all information required by the Orange County UDO shall be reviewed and acted upon by the County. Further I (we) understand that any assistance I (we) may receive from County staff in preparing this application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does i uarantee an approval of the proposed atlas amendment by the County. Applicant Date: Applicant Date 005 Application for Zoning Atlas Amendment: Reasoning for the Request Article 3, Section 3.1 of the Orange County Unified Development Ordinance states that The Land Use Element of the 2030 Comprehensive Plan identifies land use categories in which specific types of development are encouraged and a map depicting the geographic locations of the various land use categories. The purpose of this rezoning application is not to change the currently intended zoning category (NC2) of the properties listed, but simply to apply the intended zoning designation consistently across the extent of the recorded parcels' boundaries (the highlighted lots shown the map below). The intent of this rezoning application is to allow full use of each parcel to support the development requirements and privileges assigned to a parcel in the NC-2 zoning district. ' ■ Orange County Zoning Atlas Amendment Request z 7 � F • , March 12,2412 q 7 7 47777 7 ;I 7?7 tR'.1L.EE't:Q r� �87.4;99M1� ,777�77.a'73 7 ,7,3x77, y� L a';"�"' Parcel PIN 9874-78-1494: � , � 7'?-7?3'" " n74mrxz 073 Rp95 -'' -\, Owner: Ronald K and Phyllis B Woods• {' ` 1 y" j ya,,,a qtr, Total lot area: 28,769 sf rIU�5S{!i r �' P �" Lot area zoned R1:8,540 sf(32%) l?DGGC4 .:sj5 �` ui SVa7a>aia } 1 _� -'' Parcel P/N 9874-68-9326: Owner: Ronald K and Phyllis B Woods aSyYs_� 981.16897-17' Total area: 47,851 sf, _ Lot area zoned R1: 16,540 sf(35%) �j �IIL'E �. NC-2 Zoning — Pry: r.I R-1 Zoning .Z 0 • S,O NC-2 zoning NC2 ' yzpne`�a - \\\ (,_ 37x6-n•1% - i n1 P/N 9874-78'U14 f a PIN 9874-68-9326 rd afa : b ,c nn ,4. • Z.S n G \ f � a6&13,5 -' W.a II borough' a tl8SEe a ;.I g;r li ©•9,..A 1. en a7acnn liillsborou h Zoning g 0 7 I-� i v.=.-..n, f.� - l;na._ .. '� ,` - em.ers<IDy� !.Bail; ', E /i' confer map :..F:nN.l.lii SUI1MIT DESIGN AND ENGINEERING SERVICES S. r The current Orange County Zoning Map indicates an intention to create a Commercial Activity Node (NC2) in this area; including these parcels and several adjacent parcels. These lots were/are intended to support commercial uses allowed by the NC-2 zoning designation. However, the illustrated boundaries of the current zoning map do not coincide with the boundary lines of the lots that were intended to be included in the N-2 zoning district. 006 Application for Zoning Alias Amendment: Names and Addresses of Adjacent Property Owners within 500' of Subject Property Orange County GIS image of properties within 500-feet of the subject properties. %it1� B H,,i Jut 4,„<i; ''.- 1411101,it aro oll 1 Ili 011 r°r. VII irddeliAll ., Alli WIP-Lit, ..,. ya —yam * N . \ I*_,,_ • 1110 ,, 0 , 144, 4100, / 140 -.. ,' , .,,, f---"-- \ .-' / viii 1pp. ar /41 ♦ 1 ,......„\ 007 Agent Authorization Form Property Legal Description: CC PIN 9874-68-9326 and 9874-78-1414 Property Owner: Ronald K Woods The undersigned registered property owners of the above noted property do hereby authorize Summit Design and Engineering Services (project contact Michelle Kempinski) to act on my behalf and take all actions necessary per the conditions outlined in the Professional Services Contract for the processing, issuance and acceptance of this rezoning application. Property owner's address: 711 Pleasant Green Rd., Hillsborough, NC 27278 Phone: 919-732-6393 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: Date: I ' r17/ 008 Orange County North Carolina I certify that the following person (s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Ronald K. Woods. Date: March 15, 2012 r — Charlene D. Toellen,Notary Public Ji c••;, 94.-4°*s My commission expires: February 23, 2015 a v ANR)/ c• 32: • ---d 0 :1) PUBV\ 41ROlit'NC,'0°11' Woods Rezoning Request Attachment 2 3C711-1-111 - -Wid10.11 * ' L " jilt- Illia-r. slAlk +. �1' l i II 4 ED t° ' .-7 - k lic i ' ilr , tit III ` Area Proposed for Rezoning . II ,T, „, ,_ ,i. ' '.1-,....14.% k 6 'fir , • , _,..., NC2 . k`t' ti.� 4r °, 1. IT , ' 0, Pk -rill” t I PIN 9874781414 PIN 9874689326 jj. Lower Eno .r Unprotected Watershed 4 Gs _ iri, ° 'Da . F i; . - Area Proposed for Rezoning Nk iiiIIsborough 4 49/ Zoning `'\ . M Area Proposed for Rezoning Parcels Water Bodies .`:g6rk-�'.� f i in=80 ft E :J, O�OFeet i 1 Area of Interest ETJ Streams / Zoning Orange County Planning and Inspections Department _ GIS Map Prepared by Brian Carson.8/6/2012 Y 010 Ordinance# 2012- 031 Attachment 3 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, This petition seeks to rezone approximately 0.58 acres of land on two parcels of property off of US Highway 70 owned by Mr. Ronald Woods identified further with the Parcel Identification Numbers (PINS) 9874-68-9326 and 9874-78-1414 from Rural Residential (R-1) to Neighborhood Commercial (NC-2), and WHEREAS, the portions of property to be rezoned are identified further as follows: BEGINNING at a mathematical point at the southwest corner of Lot 4 Plat Book 50, page 179 referenced above in the northeast right of way line of US 70 Bypass; thence leaving the right of way line of US 70 Bypass and running along a line bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 59.88' to a mathematical point in the centerline of US 70 Bypass; thence along and with the centerline of US 70 Bypass bounded on the southwest by Hillsborough zoning and bounded on the northeast by Orange County Zone R-1 N. 46° 07' 30" W. 59.90' to a mathematical point; thence leaving the centerline of US 70 Bypass along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 59.88' to a mathematical point in the northeast right of way line of US 70 Bypass; thence leaving the northeast right of way line of US 70 Bypass and continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 175.00' to a mathematical point in the southwest line of Lot 3 Plat Book 50, page 179 referenced above; thence continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R- 1 N. 77° 17' 00" E. 247.08' to a mathematical point in the northeast line of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the northeast line of Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 47° 10' 00" E. 60.63' to a mathematical point at the southeast corner of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the southeast line Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 248.40' to a mathematical point at the southeast corner of lot 4 Plat Book 50, page 179 referenced above; thence along and with southeast line Lot 4 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 175.00' to a mathematical point in the northeast right of way line of US 70 Bypass the place and POINT OF BEGINNING and being all of an area to be re-zoned from Orange County Zone R-1 to Orange County Zone NC-2 containing 0.58 Acres. 1 011 William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Design and Engineering Services, 504 Meadowland Drive, Hillsborough, NC 27278-8551 developed this legal description, which is based on data found in Plat Book 50, page 179 and zone line data scaled from Orange County GIS and does not represent an actual field survey, and: WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof including, but not limited to, the following: a. The Future Land Use Map. b. Principle 7: Promotion of Economic Prosperity and Diversity. c. Economic Development (ED) Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. d. Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses. e. Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. f. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. and WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the property as described herein to Neighborhood Commercial (NC-2). BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. 012 Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2011. SEAL Clerk to the Board of Commissioners 013 Ordinance#: 2012- 032 Attachment 4 AN ORDINANCE DENYING AN AMENDMENT REQUEST TO THE ORANGE COUNTY ZONING ATLAS WHEREAS, Orange County has received and processed a petition seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development Ordinance (UDO), and WHEREAS, This petition seeks to rezone approximately 0.58 acres of land on two parcels of property off of US Highway 70 owned by Mr. Ronald Woods identified further with the Parcel Identification Numbers (PINS) 9874-68-9326 and 9874-78-1414 from Rural Residential (R-1) to Neighborhood Commercial (NC-2), and WHEREAS, the parcels are further identified through the following legal description: BEGINNING at a mathematical point at the southwest corner of Lot 4 Plat Book 50, page 179 referenced above in the northeast right of way line of US 70 Bypass; thence leaving the right of way line of US 70 Bypass and running along a line bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 59.88' to a mathematical point in the centerline of US 70 Bypass; thence along and with the centerline of US 70 Bypass bounded on the southwest by Hillsborough zoning and bounded on the northeast by Orange County Zone R-1 N. 46° 07' 30" W. 59.90' to a mathematical point; thence leaving the centerline of US 70 Bypass along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 59.88' to a mathematical point in the northeast right of way line of US 70 Bypass; thence leaving the northeast right of way line of US 70 Bypass and continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 175.00' to a mathematical point in the southwest line of Lot 3 Plat Book 50, page 179 referenced above; thence continuing along a line bounded on the northwest by Orange County Zone NC-2 and bounded on the southeast by Orange County Zone R-1 N. 77° 17' 00" E. 247.08' to a mathematical point in the northeast line of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the northeast line of Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 47° 10' 00" E. 60.63' to a mathematical point at the southeast corner of Lot 3 Plat Book 50, page 179 referenced above; thence along and with the southeast line Lot 3 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 248.40' to a mathematical point at the southeast corner of lot 4 Plat Book 50, page 179 referenced above; thence along and with southeast line Lot 4 Plat Book 50, page 179 referenced above bounded on both sides by Orange County Zone R-1 S. 77° 17' 00" W. 175.00' to a mathematical point in the northeast right of way line of US 70 Bypass the place and POINT OF BEGINNING and being all of an area to be re-zoned from Orange County Zone R-1 to Orange County Zone NC-2 containing 0.58 Acres. 1 014 William H. McCarthy, Jr., Professional Land Surveyor, License Number L-3248, Summit Design and Engineering Services, 504 Meadowland Drive, Hillsborough, NC 27278-8551 developed this legal description, which is based on data found in Plat Book 50, page 179 and zone line data scaled from Orange County GIS and does not represent an actual field survey, and; WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO) have not been adhered to, and WHEREAS, pursuant to Sections 1.1.5, 1.1.7, and 2.9.1 (E) of the UDO and to Section 153A- 341 of the North Carolina General Statutes, the Board finds that the applicant has submitted insufficient documentation within the record denoting that the rezoning will carry out the intent and purpose of the adopted 2030 Comprehensive Plan or part thereof. and WHEREAS, the Board has found the proposed zoning atlas amendment will not promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County hereby denies the applicants request to amend the Orange County Zoning Atlas to rezone the aforementioned parcels to Neighborhood Residential (NC-2). BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2012. SEAL Clerk to the Board of Commissioners 015 Attachment 5 Excerpt of Minutes DRAFT MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING May 29, 2012 7:00 P.M. The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing on Tuesday, May 29, 2012 at 7:00 p.m. at DSS Offices, Hillsborough Commons, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice Gordon, Barry Jacobs, Valerie Foushee, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager Michael Talbert, and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT:, Vice Chair Larry Wright, Pete Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Andrea Rohrbacher, Lisa Stuckey, Maxecine Mitchell, and Tony Blake PLANNING BOARD MEMBERS ABSENT: Chair Brian L. Crawford, Rachel Phelps Hawkins, Alan Campbell, and Johnny Randall Chair Pelissier called the meeting to order at 7:04:05 PM. 2. Zoning Atlas Amendment — To review an application to rezone two parcels of property approximately 1.71 acres in size from R-1 (Rural Residential) and NC-2 (Neighborhood Commercial) to NC-2 (Neighborhood Commercial). The properties are located on US 70 East. Glenn Bowles from the Planning Department introduced this item. This rezoning was property owner initiated. The two platted lots involved total 1.71 acres, 0.58 acres of which are zoned R-1 and the remainder are zoned NC-2. Only the R-1 portion of the lots is affected. 016 Chair Pelissier said that she is curious how the County has zoning that does not match up. Michael Harvey said that this is indicative throughout the County. The Planning staff has been trying to fix these instances. A lot of them are the result of previous interpretation of former Planning staff and the former County Attorney. Public Comment: Michelle Kempinski said that she works with Southern Design and Engineering Services and she is available to answer questions on the project. Commissioner McKee verified that this rezoning would bring this property in compliance with the current use. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to receive the proposal to amend the zoning atlas, refer the comments to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the August 21st regular meeting, and adjourn the public hearing until August 21, 2012 in order to receive and accept the Planning Board's recommendation and submitted written comments. VOTE: UNANIMOUS 017 Attachment 6 Excerpt of minutes MINUTES ORANGE COUNTY PLANNING BOARD JUNE 6,2012 REGULAR MEETING MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar Grove Township; Peter Hallenbeck, Cheeks Township Representative; Buddy Hartley, Little River Township Representative; Alan Campbell, Cedar Grove Township Representative; Lisa Stuckey, Chapel Hill Township Representative; Mark Marcoplos, At-Large, Bingham Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Tony Blake, Bingham Township Representative; Johnny Randall, At-Large Chapel Hill Township; Rachel Hawkins, Hillsborough Township Representative; MEMBERS ABSENT: Maxecine Mitchell,At-Large Bingham Township; STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Glenn Bowles, Planner II; Tina Love Administrative Assistant II OTHERS PRESENT: Ron Woods; Michelle Kempinski; Tommy and Barbara Merritt; Jon Arvik; C. Phillip Gunter Agenda Item 7: Zoning Atlas Amendment — To make a recommendation to the BOCC on an application to rezone two parcels of property approximately 1.71 acres in size from R-1 (Rural Residential) and NC-2 (Neighborhood Commercial) to NC-2 (Neighborhood Commercial). The properties are located on US 70 East. This item was heard at the May 29, 2012 quarterly public hearing. Presenter: Michael Harvey, Planner III Michael Harvey: Reviewed abstract and attachments. MOTION made by Alan Campbell to approve the rezoning of the property from R1 and NC-2 to NC-2 as recommended by staff consistent with the Ordinance contained within Attachment 3 of the abstract. Seconded by Buddy Hartley VOTE: Unanimous