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Home My WebLink AboutAgenda - 09-29-1999 - 8iORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ITEM ABSTRACT Meeting Date: September 21, 1999 Action Agenda Item No. ~_ SUBJECT: PROPOSED ZONING ATLAS AMENDMENT Z-2-99 JOHNNY C. CATES DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ~N~ ATTACHMENT(S): -INFORMATION CONTACT: Jim Hinkley X2584 Application Vicinity and Site Maps General Information Memorandum Planning Board Minutes Public_gearing Minutes (to be distributed prior to the meeting) TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 336 227-2031 PURPOSE: To consider a recommendation of the Planning Board to rezone the Johnny C. and Peggy Cates property in Cheeks Township from AR Agricultural-Residential to AS Agricultural Service. BACKGROUND: Request That a 2.8-acre portion of a 5.18-acre parcel at 3102 West Ten Road (Tax Map No. 3.45..11 C), owned by Johnny C. and Peggy Cates, be rezoned from AR Agricultural-Residential to AS Agricultural Service. Location The proposed zoning lot is located on the south side of West Ten Road (SR 1144) approximately 2,200 feet east of the Mt. Willing Road interchange with I-40/85. Public Hearing The proposed rezoning was heard by the Board of County Commissioners and Planning Board at a joint Public Hearing on August 23, 1999. Existing and Proposed Conditions Existing: The property is a wooded tract upon which the Cates residence is situated. Plan Designation: • The site is located within an area designated as Agricultural-Residential by the Land Use Element of the adopted Comprehensive Plan. Zoning: 2 • In accordance with the Comprehensive Plan, the lot and all surrounding properties lie within Orange County's jurisdiction and are zoned AR(UPPER ENO-CA)(MTC)- Agricultural-Residential (Upper Eno Watershed Critical Area)(Major Transportation Corridor). • Because the parcel is located in the Critical Area, a 2-acre minimum lot size applies, maximum impervious surface allowed for non-residential use is limited to six percent, and BMPs (best management practices) are ~ permitted to satisfy watershed requirements. Please refer to the attached General Information Memorandum to the Board of County Commissioners and Planning Board of August 4, 1999. • Because the property is located within the I-40/85 MTC Major Transportation Corridor District, stipulations of Section 6.26 Extra Requirements for the Major Trans ortation Corridor (MTC~ Di tri t of the Zoning Ordinance apply. Please refer to the attached General Information Memorandum. Proposed: The Cates wish to rezone 2.8 acres from AR to AS in order to begin a business which would be compatible with the Comprehensive Plan and AS provisions of the Zoning Ordinance. • The proposed zoning is AS(UPPER-ENO-CA)-Agricultural Service (Upper Eno- Critical Area). • Minimum lot size is two (2) acres. • Permitted use includes rural non-farm, non-residential development which supports the horticultural, silvicultural, and agricultural uses of AR districts. DeveloQment Processes, Schedule, and Action • Public Hearing August 23, 1999: The proposal was sent to the Planning Board for recommendation to be returned to the Board of County Commissioners no earlier than September 21, 1999. Please refer to the minutes of the public hearing attached to this abstract. • First Action: The Planning Board recommended to the Board of County Commissioners that the 2.8a portion of the Cates property in question be rezoned from AR Agricultural- Residential to AS Agricultural Service at its regular meeting of September 1, 1999. The vote was unanimous. The draft minutes of that Planning Board meeting are attached. • Final Action: The Board of County Commissioners may consider this proposed amendment to the Orange County Zoning Atlas no sooner than September 21, 1999. RECOMMENDATIONS: The Planning Board approved the rezoning request with a unanimous vote at its regular meeting of September 1, 1999. Administration Recommendation 3 The Administration recommends approval of the proposed Zoning Atlas Amendment to rezone a 2.8a portion of the Cates property from ARAgricultural-Residential to AS Agricultural Service. NOTE: Amendments to the Zoning Atlas are legislative decisions. No findings of fact are required. g:\jim\zatlasamend\z-2-99cates\ccabstract\9-8-99\j rh MANGE COUNTY, NORTH CAROL APPLICATION FOR CHANGE OF ZONING DISTRICT 4 Date: J , Z~ ~~ TO THE BOARD OF COUNTY COMMISSIONERS ~' !! ~~~~bC~~ ORANGE COUNTY, NORTH CAROLINA ~9// )) The undersigned do hereby make application two'change the Zoning Atlas of Orange County as hereinafter requested. 1. The property is located on the side of S.R.# /~~~ ( _ Street/Road) between S.R.# _/>~~ and S.R.# It is kn wn as t(s) /~~i Block . of , Orange County Tax Map ~- Township. It has a frontage of ~ -~ feet and a epth of ~p~~ feet, end ~ contains ~~ ~ f square feet or acres. - 2. It is desired and requested that the foregoing property be rezoned from ,Ql~ to %~~ . 3.- The ..following information has been _~ttached ..in__. support of the application for changing the Zoning Atlas (* - required on all . applications). •a. A Tully dtmansloned map at s stele of not lass Lhsn one (11 lneh . aqusla one-hundred (100J feat nor ^ors than ons (1J inch ~quala _ twenty Z2Q9 teet~--showir~g'--~the land -which is proposed La be rezoned. 'b. A legal description of the land proposed to be rezoned. 'c. A atstement of Justification addressing one or more of the fo Mowing: (1J Tha alleged error in the Zoning Drdinence, it any, which would bs corrected by Lhe proposed amendment with a detailed explanation of such error in the Zoning Atlas end detailed rasaona ho^ the proposed amendment will correct the error. (2J Ths changed or ehsnging conditions, if any, in the arse or in the County generally, which make the propoasd smendment reasonably necessary to the promotion at the pub lie health, safety and general wslfsrs. '(3J Tha wanner in which the proposed amendment wtll carry out the tntsnt and purpose of the adopted Land Use Plan or pert thereof. *(4) Ail ether eircumatancaa, factors and reasons which the appllesnt otters in support of the proposed amendment Including, but not limited to, documentation from service sganeiss (a.q. ttrs, police, rescue end utilities sgeneissJ sssuring aervlcss provision capability to the development. d. A liar of ell individusla, firma or eorporsttons owning property adJoining or within five hundred (5D0J feat of the property sought for re oning is attached. The list is current as of ~-2! -9~ (Octal ~I certify that~all information furnished in this application is a ccurate to the b$st of my knowledge. ~ "~E. S .. .. ~ 1 ~ L ~ .__ /t.. Applicant (s) : Address• '0 'L W .. ._ .. .. J~ - -- - "- Phone: 2• 73 REZONING REQUES OWNER' S NAME ~p/,~~ ~ Cam. ~~ S ADDRESS Current zoning ~_ Total number of acres Current land use - fi,Cj~~ Type of rezoning requested ~~' Proposed land use Tax map U . /Block 4P ~ Number of lots ~ Proposed Water Supply: Public Community Individual y Proposed Sewage Treatment: Public Community Access onto state road 11 critical areas: Flood prone areas Streams Individual septic tank `~~ Average daily traffic count on the state road Describe existing Other sensitive areas Describe land uses in: General Area Adjacent parcels of land r ~ ~. Poorly drained areas v, 6 ZONING MAP AMENDMENT PROPOSAL JOHNNY C. & PEGGY CATES LOCATION: 3102 West Ten Road (Tax Map No. 3.45..11 C, PIN# 9854- 14-8385), Deed Book 270, page 851 REQUEST: To rezone 2.8 acres of the 5.18-acre Cates property from AR Agricultural-Residential to AS Agricultural Service JUSTIFICATION: 1. There is no alleged error in the Zoning Ordinance. 2. Uses permitted in the AS zoning district are appropriate and supportive of uses in the Agriculturat- Residential areas of Orange County. No amendment of the Land Use Element of the Comprehensive Plan would be required. 3. The proposed amendment to the zoning atlas will carry out the intent and purpose of the adopted Land Use Element of the Comprehensive Plan in which the Cates property is designated as Agricultural- Residential. 4. The site is located on the south side of Old West Ten Road (SR 1144) and Old Mt. Willing Road-now a 30- foot easement. Access to West Ten is between the Mt. Willing Road and US 70/NC 86 interchanges of I-40/85. The site is readily accessible to emergency services. Orange-Alamance Water service is provided to the property. There will be no need for additional public facilities and services at this location given the limited uses allowed in the proposed AS zoning district. sP $ ~ -.~, ~~. ~ f ~ - ' ~ o \ r ~ ~ ~ $ W J N ~ , \ , ~ ~a i ~ ` QEN ~ .~~~ L ~ti ~. ~ W. / I . W / ~ ~ ~''t~:' ~.~ ~~.~. V.S.70W ~ :~ 0 / "" ~ I~q \` O ~ ~ ~~ ~R~' ~~ ~~ ~ ~1 `~ s. 85 ~~ ~ Im, 1 Cf ~Qld __ ~ `4 `• 1181 8'ESr BEN ~~ 4 ~ . 14 Rq ~ ~ ~ , ~ia!i, ' ~ . It4 ~R A ~ ~. ~ 1 °' . 11 ~ ~pOMM ~ NE1 CNOA Dl' SCMO ` , S ~a~ < ~ HOIJrES ~ ~ ~ e°~ c.N / i ~ J i `~ I` \\ ~ ~d ~ ~ ~ \. "0i ux ~ ; D c `~ ~ rr rr ~r ~~~r >tllllrlloal w 11!! rr ~ r ~ . . ]OHNNY C. CATES Z-2-99 REZONING PROPOSAL From AR To AS --- Vicinity 1 " =4000' 11 N ,z ;~r~`~ ~ `~ - - "- \ ~ ! ao D ~ ` f __ Q~ v ~~ ~~ , J ~ ~, / ~ r I ,n -~- _ _1__ i ~ ~ -~ / I 1 ~ I I I I I ~~_ I I I > ` I I I \ ~ i ~ I• ., I I '~ ~ I-------I I ~- - I I II I 1- -- ~ I I ' - --- I - I ~~ I ~ ~ - ~ I ~ I 1 I ~ I 1 I .T \ 1 I Irr - `1 ~ I I i MT WILLING R[~ I ~ ' ~~ T~~-~"~1 I III, 11 ~ ~ ~,hl,~,ir Ill ~ ~ i Irl `° I / I y '+ 1 /I ~ \ / I ~ _ ' 1 / I f ii. ~ I ~ /i~~ ~ i ~_ i ~ I I ~ ~ I I Ii ~ I ~ ~ ~ ~ - ----- ~--- ~,~- I ~_ ~ I I - , ~~ ~ \ ] .•~~~ f 1 \ \ '_ a I \ r ~ ~ -- - - --~- I - ~ ~ I ' I I I I ~ I ~ i I ~ \ I p ` ~ I ~ ` ~ '' ~ ~ ~ i~ 1 ~ ~ --~1--- -!~ ~ / / I Q I ~= 1 1 ' // 1 ~ 1 ~ I ~ I I I I I ~ i II t I v II ~ I" I \ ~ ou. I auk - - I- ~~., - .„~ i ~ rl x-85 ly /1-qp E Roao ANDREW BENJAMIN LLOYD, JR., ETAL. & MABLE L. GORDON 3.45..18 A43. ~,~ •~ 8.7BA j" JAMES RICHARD & FAY S. JOHNSON,: 3.45..11E A8.7 ~C~nNNY C. CATES 9 Z-2-99 ZONING ATLAS AMENDMENT REZONING REQUEST . FROM: AR Agricultural-Residential TO: AS Agricultural Service NCDOT \ 3.45..18A A3.1 --~-~ ~" EDEN RD. NCDOT - 3.45..12A A5.4 ~22~ _~~ ~` e x.45..12 A62. ~r~ai na~ 2 3a CATES MAYES HILL, LTD. DEWEY S. MAYES COUNTY OF ORANGE 3.a5..t2 A82. 3.4~..11A ' A53. ~~ ~ ~ ~?,2~5=MTC ° ~ "~~ ~ ~'^' PROPERTY MAP ~v Selected Parcels - This map contains parcels prepared for the inventory of real property within ~~ Orange County, and is compiled from recorded deeds, plats, snd other public Background Info records and data. Usere of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the OWNER• CATES JOHNNY C informstion contained on this maQ The County and its mapping companies assume ' no legal responsibility for the information contained on this map. N Map Scale :1" = 200' DATE: 11 Mar 99 0$:50:14 Thursday .~~, Prepared BY Orange County Central Land Recorris/GIS Office ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `~,.t! N ~ Y+` ~ ,i V Si GENERAL INFORMATION MEMORANDUM TO: Board of County Commissioners and Planning Board FROM: Planning and Inspections Staff DATE: September 7, 1999 SUBJECT: Z-2-99 JOHNNY C. CATES REZONING APPLICATION 10 ~ The information in this memorandum concerns the request of Johnny C. and Peggy Cates to rezone their property on West Ten Road in Cheeks Township from AR Agricultural-Residential to AS Agricultural Service. GENERAL INFORMATION APPLICANT: Johnny C. Cates OWNERS: Johnny C. ~ Peggy Cates 3102 West Ten Road Efland, NC 27243 LOCATION: 3102 West Ten Road (Tax Map No.3.45..11 C) PROPERTY SIZE: 5.18 acres PROPOSED ZONING LOT: 2.8 acres EXISTING LAND USE: Wooded; Residence on the proposed residual AR portion of the property SURROUNDING LAND USE IN GENERAL AREA: Wooded COMPREHENSIVE PLAN USE DESIGNATION: Agricultural-Residential (Upper Eno Critical Area) EXISTING ZONING: AR(UPPER ENO-CA)(MTC) -Agricultural-Residential (Upper Eno Critical Area)(Major Transportation Corridor) TO: Orange County Board of Commissioners and Planning Board 11 DATE: September 7, 1999 PAGE: Two REQUESTED ZONING: AS(UPPER ENO-CA)(MTC) -Agricultural Service (Upper Eno Critical Area)(Major Transportation Corridor) The following definition, statements of intent, and application criteria are quoted from the Orange County Zoning Ordinance, as amended. Sec. 4.2.24 AGRICULTURAL SERVICE (AS) DISTRICT DEFINITION Commercial activities offering goods and services-which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting halls, storage and processing plants for agricultural products including wineries and canneries. INTENT The purpose of the AS Agricultural Service District is to provide sites in the rural portion of the County for rural non-farm, non-residential uses which support the horticultural, silvacultural, and agricultural uses of the AR Agricultural-Residential districts. The AS district is usually applied where the following conditions exist: 1. The site is within areas designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural-Residential; 2. Lot sizes for individual uses are appropriate to the method of water supply and sewage disposal; and 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. Sec. 4.3 PERMITTED USE TABLE (Agricultural Service) Accessory Uses P2 Botanical Gardens & Arboretums P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments TO: Orange County Board of Commissioners and Planning Board i2 DATE: September 7, 1999 PAGE: Three P17C Stealth Telecommunication Towers - 75 Feet or Shorter* P25 Water and Sanitary Sewer Pumping Stations S2 Agricultural Service Uses S3 Animal Hospitals, Veterinarians S 10 Farm Equipment and Sales S 11 Feed, Seed, Storage and Processing S13 Greenhouses (No On-premises Sales) S14 Greenhouses (On-premises Sales) S18 Commercial Feeder Operation S 19A Class /Kennels S48 Sawmills -- S49 Stockyards S50 Storage of Goods, Outdoors The following uses are allowed with a Class A Special Use Permit: P11 Land Fills (Two acres or more) P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants P176 Telecommunication Towers - 200 Feet or Taller The following uses are allowed with a Class B Special Use Permit: P12 Land Fills (Less than Two Acres) P17 Elevated Water Storage Tanks P17A Telecommunication Towers - 199 Feet or Shorter P22 Transmission Lines S20 Class ll Kennels, Riding Stables Sec. 4.2.31 MAJOR TRANSPORTATION CORRIDOR (MTC) DISTRICT Intent and application criteria of the MTC Major Transportation Corridor District as given in Article 4.2.31 of the Orange County Zoning Ordinance INTENT It is the intent of Orange County to protect and enhance those natural and environmental features which constitute important physical, aesthetic, recreational and economic assets through the provision of special controls of public and private development along major transportation corridors. The Board of Commissioners finds as a fact that: 1. Major transportation corridors serve a key function in the orrJerly development of Orange County as major traffic movers, as well as serve as entrances to Orange County from outside the area. 2. These corridors and the character of the TO: Orange County Board of Commissioners and Planning Board i3 DATE: September 7, 1999 PAGE: Four development which occurs along them establish for visitors and residents alike an indicator of the quality of life in the County, as well as the efficiency and safety of traffic movement through the area. 3. fn addifion, the ability of different areas of the County to attract and accommodate different types of development depends on the capacity of the thoroughfare system and the character and quality of development along major corridors. The Major Transportation Corridor district is intended to enhance the attractiveness and orderly development of land adjacent to major transportation facilities through the provision of a set of development standards and regulations for application to public and private development of land adjacent to these-corridors. The major transportation corridors include the interstate system as designated in the adopted Comprehensive Plan. APPLICATION CRITERIA The Major Transportation Corridor (MTC) district is established as a district which overlays other zoning districts established in this ordinance. The new use of any land or any new structure within the MTC district shall comply with fhe use regulations the underlying zoning district as well as the requirements of the MTC district. The provisions, requirements and restrictions of this district shall not apply to the use of land within the district for single family or two-family dwellings or to any building or structure existing prior to the creation of Phis district unless it is structurally altered to the extent of increasing fhe floor area by fifty percent (50%) or more or is enlarged to any degree to occupy a vacant lot. This district shall be applied along any interstate highway in fhe County designated in the adopted Comprehensive Plan as such and designated in the adopted Comprehensive Plan as a proposed interstate highway. 2. The minimum length of the district shall be a continuous distance along the thoroughfare within the County's jurisdiction and outside of the extraterritorial planning jurisdictions of fhe Towns of Hillsborough, Chapel Hi!!, Mebane, and Carrboro. 3. The minimum width of the districf is 1,250 feef from the edge of the right- of-way measured along a line which is perpendicular to the edge of the right-of-way on each side of the roadway, except at interstate interohanges where fhe District shall extend 2, 500 feet from the edge of fhe right-of-way on each side of the interstate for a distance of 1,250 feet from fhe right-of-way on each side of the intersecting road. 4. The district establishes development standards and a site plan review process for development within the district. 14 TO: Orange County Board of Commissioners and Planning Board DATE: September 7, 1999 PAGE: Five SPECIFIC ZONING REQUIREMENTS The AS rezoning proposal has been initiated by the owner to: • Accommodate the establishment of an agricultural service business permitted by the Zoning Ordinance; and • Implement the Land Use Element of the adopted Comprehensive Plan which designates the property as Agricultural-Residential. The property is zoned AR. This category pertains to rural prevailing activities (agriculture, forestry) related to the land in an appropriate location for the continuation of these uses. The proposed rezoning to AS, therefore, would be consistent with the Comprehensive Plan. For development of the subject property, Upper Eno Watershed, AS, and MTC requirements would apply: • The width of the lot shall be a minimum of 200 feet. • The front building setback must be a minimum of 50 feet; • Side and rear building setbacks must be a minimum of 20 feet; • 75- to 100-foot Land Use Buffers adjacent to residential uses are required, depending upon the use proposed; and • Maximum impervious surface shall be no more than 6 percent, including all structural "footprints," paved and graveled driveways, aprons, and all compacted outside storage areas. • Stipulations set forth in Section 4.2.31 Major Trans2ortation Corridor (MTC) District of the Zoning Ordinance must be met when AS development of the property occurs. DEVELOPMENT PROCESS, SCHEDULE, AND ACTION Public Hearing • No decision is made at this stage. • Upon the recommendation of the Administration, the zoning atlas amendment request is referred to the Planning Board for a recommendation to be returned to the Board of County Commissioners no earlier than September 21, 1999. TO: Orange County Board of Commissioners and Planning Board is DATE: September 7, 1999 PAGE: Six PLANNING STAFF FINDINGS The application for the rezoning of the tract from AR to AS has been reviewed by Planning Staff. Findings required by Article 20.3 Procedure for Submission .and Consideration of ARolications for Amendment of the Zoning Ordinance follow: • There was no error made with respect to the property when zoning was adopted for Cheek Township on October 1, 1994. • The property was zoned AR in accordance with the Comprehensive Plan. • Rezoning the property to AS would be compatible with the stipulations set forth for an Agricultural-Residential plan category use given in the Comprehensive Plan. The Plan would r~ need to be amended to accommodate AS zoning. • Seventeen uses are permitted by right in the AS district. Three require a Class A Special Use Permit with approval of the Board of County Commissioners, and five 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. Permitted AS uses are listed above. Uses permitted in AS not permitted in AR • Uses Permitted by Right. Garden Center (On Premises Sales); Agricultural Services Uses; Animal Hospitals; Veterinarians; Farm Equipment Sales; Feed and Seed Storage and Processing; Sawmills; Stockyards. • Uses reauiri g a Class A Special Use Permit. All uses requiring a Class A SUP within an AS district are also permitted with a Class A SUP in the AR district. • uses reau,~jag a Class B SRecial Use Permit. All uses requiring a Class B SUP within an AS district are also permitted with a Class B SUP in the AR district. g:\jimlzatlasamend\cates\i nfomemo\9.7.99\j rh DRAFT PLANNING BOARD MINUTES SEPTEMBER 1, 1999 MEMBERS PRESENT: Karen Barrows (Chair), Leo Allison, Barry Katz, Howard McAdams, Jim Selkirk, Bob Strayhorn. MEMBERS ABSENT: Lynn Holtkamp, Onie Lea, Runyon Woods. 16 STAFF PRESENT: Craig Benedict, Karen Lincoln, Robert Davis, Jim Hinkley, Jane Garrett, Debra Graham. b AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING a. Zoning Atlas Amendments (August 23,1999, Public Hearing) (1) Z-02-99 Johnny Cates, Cheeks Township Presented by Jim Hinkley. PURPOSE: To consider a proposed Zoning Atlas amendment requested by Johnny C. Cates for his property in Cheeks Township. BACKGROUND: Re uest That a 2.8-acre portion of a 5.18-acre parcel at 3102 West Ten Road (Tax Map No. 3.45..11C), owned by Johnny C. and Peggy Cates, be rezoned from AR Agricultural-Residential to AS Agricultural Service. Location The proposed zoning lot is located on the south side of West Ten Road (SR 1144) approximately 2,200 feet east of the Mt. Willing Road interchange with I- 40/85. Ezisting and Proposed Conditions Ezisting: The property is a wooded tract upon which the Cates residence is situated. Plan Designation: • The property is located within an area designated as Agricultural-Residential by the Land Use Element of the adopted Comprehensive Plan. Zoning: • In accordance with the Comprehensive Plan, the lot and all surrounding properties lie within Orange County's jurisdiction and are zoned AR(iJPPER ENO- CA)(MTC~Agricultural-Residential (Upper Eno Watershed Critical Area)(Major Transportation Corridor). • Because the parcel is located in the Critical Area, a 2-acre minimum lot size applies, maximum impervious surface allowed for non-residential use is limited to six percent, and BMPs (best management practices) are not permitted to satisfy watershed requirements. Please refer to the attached General Information 16 Memorandum to the Board of County Commissioners and Planning Board of August 4, 1999. • Because the property is located within the I-40/85 MTC Major Transportation Corridor District, stipulations of Section 6.26 Extra Requirements for the Maior Transportation Corridor (MTC) District of the Zoning Ordinance apply. Please refer to the attached General Information Memorandum. 17 Proposed: The Cates wish to rezone 2.8 acres of their 5.1$a tract from AR to AS in order to begin a business which would be compatible with the Comprehensive Plan and AS provisions of the Zoning Ordinance. • The proposed zoning is AS(LTPPER ENO-CA}-Agricultural Service (Upper Eno- Critical Area). • Minimum lot size is two acres. • Permitted use includes rural non-farm, non-residential development which supports the horticultural, silvicultural, and agricultural uses of AR districts. Development Processes. Schedule. and Action • Public Hearing August 23,1999: The public was heard. No decision was made on the proposed amendments by either the Planning Board or the Board of County Commissioners at the public hearing. The proposal was sent to the Planning Board for recommendation to be returned to the Board of County Commissioners no earlier than September 21, 1999. Please refer to the draft minutes of the public hearing attached to this abstract. • First Action: Planning Board Recommendation: The Planning Board has 75 days within which to prepare and submit a recommendation to the Board of County Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered as a favorable recommendation. • Final Action: The Board of County Commissioners will consider amendments to the Orange County Zoning Atlas no sooner than September 21,1999. RECOMMENDATIONS: Zoning Officer Recommendation The Zoning Officer recommends approval of the rezoning. • The request complies with the provisions of the Comprehensive Plan. • The proposal meets all dimensional requirements. • Permitted uses listed for the proposed AS district are appropriate to service the surrounding agricultural uses. Please refer to the attached General Information Memorandum. Hinkley stated that the recommendation from the staff is that the property should be rezoned based on the three above-mentioned facts. 17 Barrows asked if this is in an activity node. Hinkley responded no. Selkirk asked what the rezoned property would be used for. Hinkley responded that the proposed use cannot be considered to be an issue in a rezoning case. The Board went through each of the following findings of fact: MOTION: Selkirk moved to accept the criteria as delineated by Planning Staff. Seconded by Strayhorn. VOTE: Unanimous. 18 18