Agenda - 02-03-2009 - 5b - Laserfiche WebLink

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Excerpt of DRAFT Minutes 10 55 56 PUBLIC HEARING: During the Public Hearing Mr. Davis'Attorney, Mr. Steve Yuhasz,testified the central issue generating 57 the need for the request was over his clients continued ability to have the septic system supporting the existing commercial 58 operation on an AR zoned parcel of property. Planning staff has maintained that a septic system supporting a non- 59 residential land use,located/operating on a residentially zoned parcel of property is not permitted. 60 61 It should be noted that the aforementioned septic system was installed prior to the development of this interpretation by staff. 62 63 Mr. Yuhasz indicated his client is worried that if/when the existing septic system fails, Mr. Davis would be prohibited from 64 making the necessary improvements to maintain the use of the NC-2 zoned parcel as there is insufficient land area to install 65 a new septic system on the property. 66 67 During the hearing, staff provided the following analysis of the request in accordance with section 20.3.3 of the 68 Orange County zoning ordinance: 69 1. The application has been deemed complete in accordance with the requirements of Article Twenty (20) of 70 the Zoning Ordinance. 71 2. The properties in question are located within the White Cross Rural Community Activity Node as denoted on 72 the Orange County Comprehensive Plan Land Use Element Map. 73 3. According to Section 4.2.9 of the Orange County Zoning Ordinance, the maximum amount of land zoned 74 NC-2: ' ... at any node shall not exceed nine acres, but a maximum of 5 acres shall apply where population 75 density is lower and distributed more widely than in the Transition areas.' There is a similar prohibition on 76 the amount of Local Commercial One (LC-1) zoned property within an established Node contained within 77 Article Four(4)of the Ordinance. 78 Staff asserted during the hearing that the population density within the Node is 'lower and distributed more 79 widely than in the Transition areas' and,as a result,the Node is limited to a total of five(5)acres of property 80 zoned NC-2, 81 4. In completing an assessment of the existing non-residentially zoned property within the White Cross Rural 82 Community Activity Node,the Zoning Officer has determined: 83 a. There is approximately four point four(4.4)acres of existing property zoned Local Commercial One 84 (LC-1)within the Node, and 85 b. There is approximately four point four (4.4) acres of existing property zoned Neighborhood 86 Commercial Two(NC-2)within the Node. 87 88 At the November 2008 Quarterly Public Hearing, staff recommended that the request be denied as approval of the 89 request would result in there being more than five (5) acres of NC-2 zoned property within the Node, representing a 90 violation of Section 4.2.9 of the Ordinance 91 92 During the hearing, several comments were made by BOCC members and staff indicating that there ought to be a 93 comprehensive re-assessment of the existing rural community activity nodes and the allowable levels of non- 94 residential development permitted within them. 95 96 RECOMMENDATION: The Zoning Officer recommends the Planning Board table the application, subject to the 97 applicant's agreement, and the Board recommend to the BOCC that staff be directed to conduct an assessment of 98 the Node to identify possible modifications to address the problem for presentation to the Planning Board at their 99 February 2009 regular meeting. 100 101 Michael Harvey informed the Planning Board Mr. Davis had submitted a letter indicating he was willing to have his 102 application for a Zoning Atlas Amendment tabled to allow for a comprehensive review of development constraints 103 within the existing County Nodes to take place. Michael Harvey indicated Mr. Davis' sole concern was that this 104 review should occur within a timely fashion. 105 2