HomeMy WebLinkAboutZ25-01 BOC Script
BOARD OF COMMISSIONERS SCRIPT
for Zoning Map Amendment Application (Z25-01)
Request by Cindee Wolf with Design Solutions, applicant, on behalf of Ricardo Santiago, property owner,
to rezone approximately 1.97 acres located at 6312 Castle Hayne Road from the R-15, Residential district
to (CZD) CS, Commercial Services for the use of Contractor Office, Retail Nursery, and a Live / Work
Caretaker Unit and other limited uses.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5
minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation and supporter comments (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based
on the Board discussion and items presented during the public hearing, would you like
withdraw your petition or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change is,
or is not, consistent with the land use plan and why approval or denial of the rezoning
request is reasonable and in the public interest.
Example Motion for Approval
I move to APPROVE the proposed rezoning to a conditional (CZD) CS district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning
provides for the types of uses recommended in the Community Mixed Use place type. I also
find APPROVAL of the rezoning request is reasonable and in the public interest because the
site is located along a transitioning commercial corridor near existing commercial uses and
conditions will reduce impacts on adjacent residential areas, with the following conditions:
Proposed Conditions:
1. Proposed Uses will be limited to Wholesale Nursery, Retail Nursery, Landscape Contractor
Office, & Live Work Caretaker Unit.
2. Existing circular driveway will be removed & abandoned. Proposed driveways to be
permitted by NCDOT.
3. The entire 35' setback behind the existing buildings will be considered bufferyard. No
activities shall occur in that area. A 20' Type 'A' transitional buffer will be maintained along
the remaining common property boundaries with residential use by preserving existing
vegetation and supplementing with additional plantings where necessary to provide the
opacity standard.
4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded
so as not to cast illumination in an upward direction above an imaginary line extended
from the light sources parallel to the ground. Fixtures shall be numbered such that
adequate levels of lighting are maintained, but that light spillage and glare are not
directed at adjacent properties, neighboring areas or motorists.
5. Hours of operation shall be limited to M-F, 7 a.m. to 7 p.m. and Saturday 8 a.m. to 3 p.m
for all commercial uses. No commercial uses except the retail nursery are allowed on
Sundays, and it shall be limited to 10 a.m. to 3 p.m.
6. No heavy equipment, including but not limited to backhoes, excavators, and dump
trucks, associated with the contractor office use shall be stored, staged, or used onsite.
Any use associated with the nursery shall be limited to the hours of operation.
Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent
to all listed conditions. If the applicant does not provide a signed agreement within seven (7)
business days from the date of approval, then the rezoning application considered denied.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to DENY the proposed rezoning to a conditional (CZD) CS district. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning
provides for the types of uses recommended in the Community Mixed Use place type, I also
find DENIAL of the rezoning request is reasonable and in the public interest because the use
adversely impacts adjacent residential uses.
Alternative Motion for Approval/Denial:
I move to [Approve/Deny] of the proposed rezoning to a conditional (CZD) CS district. I find
it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan
because [insert reasons]
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I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest
because [insert reasons]
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