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HomeMy WebLinkAboutAgenda - 04-01-1997 - 8k 1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1. 1997 Action Agenda Item # S.k SUBJECT: Z-1-97 Carden Body & Paint Service/Charlie L. & Jeroline L. Mangum DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Findings of Fact Jim Hinkley X2584 Applications General Information Memorandum TELEPHONE NUMBERS: 2/24/97 Public Hearing Minutes Hillsborough - 732-8181 3/5/97 draft Planning Board Minutes Durham -688-7331 Mebane -227-2031 Chapel Hill - 968-4501 PURPOSE: To consider a proposed Zoning Atlas Amendment. BACKGROUND: Two contiguous properties on the east side of NC 157 between Wagoner Dairy Road and Blalock Road in Little River Township are proposed for rezoning. These include two parcels: Tax Map No. 1.10..1OC at 7700 NC 157, containing 2.02 acres and owned by Charlie and Jeroline Mangum (from EC-5 to AR); and Tax Map No. 1.10..1OG at 7709 NC 157, having 10.97 acres and owned by William H. Carden, Jr./Carden's Paint and Body Service (from AR to EC-5).. The purpose of the rezoning proposal is to correct an error made in the initial zoning of Little River Township on January 1, 1994. • Existing Commercial (EC-5) zoning is applied upon initial zoning of townships to accommodate existing businesses where commercial zoning would otherwise not be allowed. EC-5 2 i districts are located outside Activity Nodes identified in the adopted Land Use Element of the Comprehensive Plan. • When Little River Township was zoned in January 1994, EC-5 zoning was intended to apply to the existing commercial portion of the Carden property. Designation of the Mangum property as EC-5 was in error, which this proposed rezoning is intended to correct. 0 Carden's Body and Paint Service was established in 1989 nearly four years before the effective date of zoning in Little River Township. 0 This proposal includes rezoning the 2.02-acre Mangum property from EC-5 to AR and a 2.80-acre zoning lot on the Carden property from AR to EC-5. Planning Staff Findings Review of the rezoning proposal for the two parcels from EC-5 to AR, and from AR to EC-5, respectively, reveals that: 1. An error was made with respect to the properties when zoning was adopted in Little River Township on January 1, 1994. 2. Rezoning would be compatible with the stipulations set forth for businesses in operation on the effective date of zoning. The Comprehensive Plan would not need to be amended to accommodate the zoning classification switches from EC-5 to AR and vice versa. 3. Thirty-three uses are permitted by right in the EC-5 Zoning District. One use requires a Class A Special Use Permit with approval of the Board of County Commissioners,and three require a Class B Permit with approval of the Board of Adjustment. Any of these uses,either by right or under special conditions,could be allowed on the proposed zoning lot. Listed uses in the EC-5 district are attached to the General information Memorandum to the Board of County Commissioners and the Planning Board of January 23, 1997. Public Hearing Summary A joint public hearing on the rezoning request was held by the Board of Commissioners and Planning Board on February 24, 1997.No comments • 3 were heard from the public or the County Commissioners or Planning Board. The Planning Board considered the proposed rezoning on March 6, 1997, and recommended approval. The vote was unanimous. RECOMMENDATION: The Administration recommends approval of the rezoning per the attached findings. 5 p ° 4 z zI z z ' z tn yl 0. m° W xl XI xl a I _T H Y 7 CO e a� N I.0 ' s C '•' Y e0 CD , 0 Zv .°a3 A v1 v C� o E- �0 Q eo o �a � �`dc uQ z" cc cc s 0 o P" y > a. >.o N 8 w O '8 Z Y C/� z � � T = 3 � Q �• v=] > o U u e4 ° ai Ya V o ►- a ¢ � 0 n 'o seOo v a c° 04 C7 . Oz zo wz < o � aw W " ww O a A gym % I I ! zI W � a zz � r r r F -3 z_° z XI XI xl C7 ¢ z Gz. N O "" l 3 L C L U E'•• V o y Y F L Q Y C, d c H °il U W v] Ci H c o a O C O ` •a u C� r a O p E- •N N Q G e7 C O Y =a o a s s Q 0 � � u'� u � ss °c � c U � o (n U N 4 r N d W &Tl r+1 N � d Qa �. 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L •� Y 9 N G T U = y u 'N C.t C O : � O 'n 2 - L u p Y Y r 0 ry •Z o0 C r3 a '-p � = v < N 3 _ CL 2 ci E y v C p p - a ; w -2 -0 L < u E 5 9 o iv E of U .� 0 -0 D a 3 L 0 AP.PLT. .rION FOR CHANGE OF ZONING ( STRICT 7 Date : TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . '�,�y� 1 . The property is Located an the -=� ._._side of -- --R-- - ��S ----�- Street/Road) between S .R . 71 l52 and S.R . p It is known a LQ t.( s) ,Zjj(�, Stock -- of Orange County Map �[Q_— Township . It has a frontage of feet and a depth of BG7 feet , and contains square feet or cres . 2. It is desired and requested that the foregoing property be rezoned from ��"Jr t o 3 The •..fo L L.awi ng information has bean - attached ...i n of the application for changing the Zoning Atlas I" — required on a L L app li cations) . 's. A futty dimensioned sap at s scats of not Lass than one (1) inch equals one—hundred (1001 feet nor wore than ane (i) inch aquats — equate ' t201 "fest--showltrT,--the land --which 'is proposed to be rezoned. 'b. A Lsgsl description of the Land proposed to be rezoned. 'c. A statement of Justification addressing one or more of the /fo L Lowi ng. ./ (1) The sLtsged error in the Zoning Ordinance, if any, which would ba"carracted by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and dsceited reasons how the proposed amendment wiLL correct the error. (21 The changed or changing conditions, if any, in the area or in the County genereLty, which make the proposed amendment rsssonsbty necessary to the promotion of the public has tth, safety and general welfare. 0(3) The manner in which the proposed amendment wilt carry out the intent and purpose of the adopted Land Use Ptan or pert thereof. r ; *(t) ALL other circumstances, factors and reasons which the applicant offers in support of the proposed amendment ; including, but not Limited to, documentation from service agencies (e.g. fire, polies, rescue and utilities agencies) assuring services provision capability to the devotopsent. d.°--_* List of alt individuals, firms or corporations owning property &*joining or within five hundred (3OO) feet of the property 89A&ght for rezoning is sttacned. The List is current as of ( ace) I certify that aLL information furnished in this appLication is accurate to the best of my knowled . APP Li cent(s•) Address : -- .Phon a : '' � - 8 c T 3 'pA � U e � N O U U J rr p us � O a d d r N cC T G O T v• r+ r r+ l OA JA d ~ aGi m r4 G -ld di ipA r; © r G U p d r k Q w O b I U O � N s -►� a CA U tj 2 G ice.► �. � d w y �. O O a4 c6 d � Z G G d G � •a tls O G Z ,r o B �'A w 4 _ _ APPLI( LON FJm Date 6t� 9 i0 THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make appLication to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The property is Located on the side of -G .R--�- ( - Street/Road) between S .R . J 1�5�,/ S .R . # It is known s Lots) � and , BLock e nd Orange County Tax Map -1�— Township . It has a frontage t of feet and a depth of 5^d0 feet , and contains ' Z9.4;"266 square feet or '2.53 acres . 2. It is desired and requested that the foregoing property be rezoned f ram A to Ea--As ,3..- The ...foLL-owing. information has been - attached -.in_. support of the application for changing the Zoning AtLas (# — required on aLL applications) `a. A rutty dimensioned map at a scale of not Less than one (1) inch squats one—hundred (10a) feat nor ware then one (1) inch equate twenty' t221 •'teat'-shOwJWg'-..the Land -xhich is proposed to be rezoned. `b. A LegaL description of the land proposed to be rezoned. 'c. A statement of justification addressing one or more of the fo L Lowi ng (1) The *LLoged error in the Zoning ardinshea, if any, which would b*teorreeted by the proposed amendment with a dstsiLed expLanstion of ouch error in the Zoning At Las and dotal Led • reasons how the proposed amendment wtlL`earrset the error. � .. ,� (2) The changed or changing conditions', if any, in .thiq or** or c g'b in the County gonerstty, which asks the proposed amendment :y 1 ressonabLy nacessary to the promotion of the public heaLth, safety and goneraL w*Lfers. s > > '(9) The meaner in which the proposed amendment wilt carry out the intent and - purpose of the adopted Land Use Plsn or part M. thereof. v(4) ALL other eircumatancas, factors and reasons which the appticsnt offers in support of the proposed amendment including, but not limited to, documentation from service agencies (e.g. fire, patio*, rescue and utiLitiei egsnct.es) sesuring services provision cepebiLity to the development. d. A List of aLL individuate. firms or corporations owning property adjoining or within rive hundred (50a) fee: of the property so jcahc for rezoning is attached. The List is current as Of 'I certify that aLt information furnished in this application is accurate to the b-ost of my knowwLed e . -. .. r App Li cant (s) :��-�.i�' �/� Address - Phon s 1 c \a M x r d J r� • G V �+ A v 4+ A tit a d a r y61 T d f,, V G N O � a1 '� r. �•'y N cis o. Y, %&A cV c J.A N v J � v61 �y A C v E~ N ' N O v G PA d d 4 C O � �i w v tea• w w .�+ e� d �1 A cm c 4 c d LA as 0 G ✓ o v e '09 m yN w+ ' rA ✓ N L N C � � .r+ v v G .• d4 v Z Y I' r .r 1 IL bv/ < MIS 4i N f 'MU daJ 'r ; lrAl 1.85 A Rezone. 10 96 AC. to / r � w i ' • -I • • O • y/ ,,yi,W 2?e,� y v. �a s ��Ni�r ��z+.� ,�#J � �l E7 �$r��v i �,"➢. vkly"'d.y �n„�l.,sc� .:a�"..� AS ,., ; ti r r a°Faf Sl I �O� �����. � ._!.°i�F +'��'•�.�. �������� ����.- �°: �� r_'� `rte �� r ; #AA A it 4 A tUA .4 4 A ',0` g�f µ� rr• •� 14 Dear Property All or part of the property shown on the map below is proposed to be zoned to a non-residential zoning district as indicated. Please call Mary Willis at the Planning Department (732-8181, extension 2 83) if you have any questions or concerns about the proposed size or location of the proposed district. 3T75 t OOF' \ 1 1 1.85 A ` t2.1 8oa5 ■�� 1 � � 3583 8 10 96AC Ga Is 11z r . . e100 1 G 51 13 AC 2.572 : ease:,. i, .r;;• ,-opo5ed Zane • • i I � � C S So _ I I S 10 97 AC Ci I I .43 4544 � It.SaC. G.CuS I I it it IoAc OOE . .. I 5 AC 1 t 7 44 5030 y.0914 - - - - 1 6.0 6 AC. 1 6843 t 1 2-AC OL jlF��yt�'i•k�t�tr :;�3 (^ t 15 r„r r r r r r r r 1 r r r r 1 r 1 � Wzzz � � � � � u � W, f4 a � SS8 � � � � � ... O N � N N O ♦ O O v n' N lh fV N Vf N N .A v E s a o° CA o o y s Z z !r < < < N N m a -i r a • r r H Q O N A ♦ •O l� O �0.. P'1 N N N N N n N • �O t ORANGE COUNTY PLANNING DEPAA. MENT 306F REVERE ROAD 16 HILLSBOROUGH, NORTH CAROLINA 27278 L 1i P 4 INFORMATION MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS PLANNING BOARD FROM: Orange County Planning and Inspections Staff DATE: January 23, 1997 SUBJECT: Z-1-97 ZONING ATLAS CORRECTIONS GENERAL INFORMATION APPLICANT: Orange County Planning Department PURPOSE: To Correct a Zoning Atlas Error by Rezoning the Carden Body and Paint Service Property from AR�AgriculMW-Residential to F�---5 Existing Commercial and the Charlie L. and Jeroline L.Mangum Property from FC-5 Existing Commercial to AR AgricLtu_ral Residential LOCATIONS, Parcel: 1.10--M Owner. Carden Body and Paint Service OWNERS, Address: 7709 NC 157 c/o William H. Carden ZONING, Current Zoning:AR 4506 Blalock Road SIZE, & Proposed Zoning: EC-5 Rougemont,NC 27572 LAND USE: Size: 10.97 acres Existing Land Use: Commercial Parcel: 1.10..= Owner: Charlie and Jeroline Mangum Address: 7700 NC 157 7516 McKee Road Current Zoning: EC-5 Rougemont,NC 27572 Proposed Zoning:AR Size: 2.02 acres Existing Land Use: Forestry LAND USES SURROUNDING NORTH - Agricultural-Residential THE TWO PROPERTIES: EAST - Pasture SOUTH - Caldwell Community Center WEST - Pasture INFORMATION MEiII%jRANDUM 17 TO: Board of County Commissioners and Planning Board DATE: January 23, 1997 PAGE: Two COMPREHENSIVE PLAN DESIGNATION: Agricultural-Residential SURROUNDING ZONING: Agricultural-Residential PROPOSED ZONING : EC-5 Existing Commercial for Carden Body & Paint Service Parcel No. 1.10..14G a) Intent The purpose of the EC-5 Existing Commercial District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. PROPOSED ZONING: AR Agricultural-Residential for the Charlie and Jeroline Mangum Property Parcel No. 1.10.41C a) Intent The purpose of the AR Agricultural-Residential District is to assist in the preservation of land suitable,as a result of location,existing farming operations, soils and topography, for agricultural, silvacultural and horticultural uses and to protect such uses from the adverse effects of incompatible land uses. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as Agricultural- Residential. 2. Urban services, including water distribution and sewage collection mains are not likely within 10-20 years. 18 EC-5 Existing Commercial Zoning District a) Intent The purpose of the EC-5 Existing Commercial District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. The following is a list of uses permitted by right in the EC-5 Zoning District: HI Day Nursery,Daycare, Private Kindergarten H2 Single-Family dwelling w/wo efficiency apartment H5 Mobile Home dwelling H6 Family Care Home . Accessory Uses P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services(Police and Fire Stations)Rescue Squads, Volunteer Fire Departments P21 Schools: Dance,Art and Music P25 Water and Sanitary Sewer Pumping Stations S3 Animal Hospitals; Veterinarians S6 Banks and Financial Institutions S7 Beauty and Barber Shops S 10 Farm equipment and sales S13 Greenhouses(no on premises sales) S14 Greenhouses(on premises sales) S15 Health Services: Under 10,000 sq. ft. S21 Laundry and Dry Cleaning Services S24 Motor Vehicle Maintenance and Repair(Body Shop) S25 Motor Vehicle Sales Rental (new and used) S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building { 19 S33 Printing and Lithography S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 Restaurants:General S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise& Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract& Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. B) Low Volume Traffic Generation(0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, &Rental of Convenience Goods, Merchandise&Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation(200-300 Trips/Day) S44 Retail Trade, Sales,&Rental of Convenience Goods, Merchandise& Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of The Zoning District. High Volume Traffic Generation S45 Retail Trade, Sales, &Rental of Durable Goods,Merchandise& Equipment Where No Adverse Impacts Occur Beyond The Immediate Space Occupied By The Building Where: A) Operations Designed To Attract& Serve Few Customers Or Clients On Premise Other Than Employees of the Principle Use. B) Low Volume Traffic Generation(0-200 Trips/Day) C) All Operations Within A Fully Enclosed Building&No Storage Or Display of Goods Outside A Fully Enclosed Building S46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise& Equipment Where No Adverse Impacts Occur Beyond the Boundaries of the Lot With Medium Traffic Generation(200-800 Trips/Day)No Storage Or Display Of Goods Outside A Fully Enclosed Building S50 Storage of Goods, Outdoor S51 Storage and Warehousing, Inside Building S53 Wholesale Sales The following uses are allowed with a Class A Special Use Permit in EC-5: P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit in EC-5: H7 Group Care Facility P3 BuiIdings; Portable P22 Transmission Lines DRAFT PUBLIC HEARING MINUTES 2-24-97 20 1 • trtoorporabe appropriate references to the Stoney Creek Basin Small Area Plan in the Comp +m Plan(CP. 1-97); 3 • dellne the Overlay District boundaries on the Zoning Atlas(Z-2-97) 4 • aeate a SW"Creek Basin Overlay Zoning District and 5 • modik FhWbie Dot provisions in the Subdivision Regulations as applied to the District to provide 6 consistency between the Zoning On�nance and Subdivision Regulations 7 8 CMARNM ANDIOR S FROM THE WARD OF COMMSIONERS None. - 9 ..�R� 10 COMME�!'*4 Asr R•M �rxxu_e GROM THE PLANNING BOARD 11 - -- None. 12 13 14 Lae Rafatow,a member of the Stoney Creek Basin Small Area Commdeee,said that this group's 15 tMbrt=0 be used as a model for other Small Area Pans. He complimented Clan Bill on the work that he did with 16 this Committee. He endorsed the plan in general,but he requested that several areas be reviewed again by the 17 Planning An along with several members of the Stoney Credo CAm y*m He mentioned in particular that there 18 was oo1e4m about the sell back options for tte Wage Option. Several members felt that the commercial center of 19 the village Opdot Should be buttered and set back so as not to be visible from the road. They had corms up WM 20 which would encourage that ouk ans. 21 22 Cheri Rosemond.a resident of the Stoney creek Basin area.appreciated being notified about this being an 23 agenda item. She is concerned about the possibi*that the stoney creek Planning process as wet as the regular 24 Flercible Devek prnertt Plan process could go forward without notification to the local homeowners. She would very 25 much Wo b have homeowwters notified when items impacting their neighborhood come belcm the PbnfwV Board. 26 She also requ05*1 lofvrm udOn mg8rdwg the 30 acre park that was mentioned as a part of another development 27 She hoped that if s similar situation s)dsbd in the Stoney Creek Basin the residents would be.iob and the County 28 would work Witt the landowners about how the park would be developed and used. 29 30 County Manger John Link indicated that the Master Plan for Recreation and Panto would be revisited by the 31 Board of Cornmkabners in the near future. At that time they wit be asked to appoint a correlate to review the 32 Current plan. A part of that review,would certainly be to include the area residents in discussion and planning. 33 34 A motion was made by Commissioner Carey,Jr.,seconded by Commissioner Cordon,to refer the proposed 35 amwKkrmft(Cis,2b, 3a, &4b)to the Planning Board for a re—mi.1xndatbn to be retorted to the Board of 36 Commissioners no sooner than April 1, 1997. 37 VOTE UNANIMOUS 38 39 40 2. Zoning Atlas Amendments 41 (a) Z-1 97 Carden's Body and Paint Service 42 This item was presented by Mary Willis for the purpose of receiving cit¢en comvnent 43 ore a rezoning proposal of tine Planning Staff to corer.3 an error in Ito Zoning Atlas. The pmopardw are located on the 44 sag side of NC 166 be wean Wapner Dairy Road and 80ioek Road. The rezoning NWONes two Contiguous panxls: 45 Tax Map N0.1.10..10G at 7700 NC 137,containing 2-02 acres and awned by Chartie and Jem*w Mangum;and Tax 46 Map N06 1.10,._100 at 7700 NC 167, having 10.97 acres and owned by WMarn H. Carden, Jr. (Carden's Paint and 47 Body Servio@X 48 49 COMMEMTS A-IUfIOM OJEST OM FROM THE BOARD OF COMAO&e MRS! Note, 50 51 CONOMM ANEMM QUEVIONS MWM THE PLANNOIG 60AND: Nome. 52 S3 OURSTMM FROM MOMS: Norte. 54 't 21 1 A.,oft was made by Commissioner Gordon,seconded by Commissioner Cary,Jr..to refer the 2 proposed Zoning Atlas amsndments to the Planning Board fora recommendationto be returned to the Board of 3 Corhrttisaionera no sooner than April 1,1997. 4 VOTE: UNANIMOUS 5 6 (b) Z-2-97 Stoney Creek Basin Overlay District 7 This item was heard concurrent with Item C1(a), S 9 3. Zoning Ordinance Text Anhendutonts 10 (a) Stoney Creek Basin Small Area Plan 11 1) Article 4.2.32-Stoney Creek Basin Overlay District 12 2) Article 6.30 Extra Requirements for the Stoney Creek Basin 13 Overlay District 14 This item was heard concurrent with Item C1(a). 15 16 (b) Golf Courses 17 1) Article 4.3 Permitted Use Table 18 2) Atfide 6.16.10 Additional Requirements for Certain Permitted Uses 19 Recreational Facilities(ProWNon-Profit):Golf Club and Goff 20 Country dub. 21 3) Article 6.23 Watershed Protection Overlay Districts 22 4) Article 22 Dakftms-Golf Course 23 5) Article 8.6.7 Special Uses(Golf Courses) 24 This item was presented by Emily Cameron for the purpose of receiving 25 citizen con rhent an proposed amendrimis to the Zoning Ordinance to include standards for golf courses. On 26 August 20, 1996. the board of Commissioners adopted a charge and appointed members to the Golf Course 27 Amendment Review Task Force(Golf CART). The Gott CART began meeting m September 1996 and continued its 28 work through February of 1997. At the end of December,a draft was disputed to 27 agencies and individuals for 29 review and eonhrhent, including the Institute of Government, state Mariam involved with water quality and pesticide 30 regulations, the Recreation and Parks Advisory Council, the US Golf Association. the National Association of 31 Courhtbs, US Environmental Protection Agency, the Golf Course Superintendent Association of America, the 32 American Society of Golf Course Architects, and the Center for Resource Management. Twelve responses were 33 received. ween comments were attached to the agenda packet 34 35 36 37 Commissioner Gordan mentioned that the Permitted Use Table previously avowed Golf Courses as a rrhatter 3a of right in more dish le s than the current table doss. She felt that it would., sense to allow golf courses in some 39 of ttoee district by Special Use Permit She requested that the Planning Board disci this WW. 40 41 Ms.Carneron merht wd that the debate was lengthy on this issue. The end point of the dnsarasion was that 42 the CART-nenims were atternpffng to be mmistent with the description of the dish. Attune fame time,in a 43 practical sense,the acreage is Bmhited far the cmmnmrcW uses. The possibility of undeveloped existing commercial 44 land existing which could be used for a golf course development where it would not already be permitted is wry 45 Unp*. She assurd Canrhissiorher Gordon that the Planning beard would rvisit this issue. 46 47 Cornif feiarher 6rowrh requested clarification on Attorney Gledhil's 00mhments regarding pesticides. 48 4 9 Ms.Carom mentioned that there is a section in the NC General Statutes than preerhpts local junsdietiom so from adopting repuI@N=winch would address,in any way,the apps eatiOn m use a store,pesticdss. K is very 51 specific with regard b the NM it puns on loci jur>sdhction.The CART included infomnation in the WW draft regarding 52 pesticide use,satiety,notification.storage ands,etc,priniariy tar infornrhation. Because of the Goneraf Statutes they 53 were required to delete them ttrothh the in"draft of this document' 54 DRAFT PLANNING BOARD MINUTES 3-6-97 22 r The Planning Staff recommends approval of the proposed amendment. MOTION: Katz moved approval as recommended by the Planning Staff. Seconded by Strayhom. VOTE: Unanimous. b. Zoning Atlas Amendments (1) Z-1-97 Carden's Body and Paint Service Presentation by Mary Willis. The purpose of the rezoning proposal is to correct an error made in the initial zoning of Little River Township on January 1, 1994. Existing Commercial(EC-5)zoning is applied upon initial zoning of townships to accommodate existing businesses where commercial zoning would otherwise not be allowed. Two contiguous properties on the east side of NC 157 between Wagoner Dairy Road and Blalock Road in Little River Township are proposed for rezoning. One property is owned by William H.Carden,JrJCarden's Paint and Body Service and the other by Charlie and Jeroline Mangum. The Mangum property was incorrectly zoned EC-5 and is to be rezoned to AR. The Carden property was incorrectly zoned AR and a 2.80-acre zoning lot is to be rezoned to EC-5 to correct this error. This item was presented at public hearing on February 24, 1997 and there were no citizen or Board comments. The Planning Staff recommends approval of the rezoning per the findings (an attachment to these minutes on pages ). MOTION: Katz moved agreement with Planning Staff findings. Seconded by Allison. VOTE: Unanimous. MOTION: Strayhorn moved approval of the amendment as recommended by the Planning Staff. Seconded by Brooks. VOTE: Unanimous. c. Special Use Permits • (1)SUP(A)-1-97 The Inn at Bingham School (Bed and Breakfast) Presentation by Emily Cameron. This item is for consideration of the renewal of a Class A Special Use. Permit for the Inn at Bingham School to allow the site to continue as a bed and breakfast inn in accordance with Article 8.8.24 of the Zoning Ordinance,Historic Sites Non-Residential Reuse/Mixed Use. r