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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 19, 2009 <br />Action Agenda <br />Item No. ~- a-q <br />_ SUBJECT: Zoning Atlas Amendment (Rezoning) - 214 Phelps Road <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br />ATTACHMENT(S): <br />1. Map of Subject Property <br />2. April 1, 2009 Planning Board Minutes <br />Excerpt <br />3. Statement of Consistency with <br />Comprehensive Plan <br />4. Resolution of Rezoning Petition <br />Approval <br />5. Statement of Inconsistency with <br />Comprehensive Plan <br />6. Resolution of Rezoning Petition Denial <br />7. February 23, 2009 QPH Minutes <br />Excerpt <br />CONTACT INFORMATION: <br />Michael D. Harvey, Planner 245-2607 <br />Craig Benedict, Director 245-2592 <br />PURPOSE: To receive the Planning Board recommendation on, and consider approval of, a <br />petition to rezone portions of a parcel of property located at 214 Phelps Road (TMBL 2.46..40H / <br />PIN 9866-58-5983). Specifically, the submitted request proposes to: <br />a. Rezone a 46,500 square foot portion of property from Existing Commercial Five (EC- <br />5) to Agricultural Residential (AR), and <br />b. Rezone a 46,500 square foot portion of property, currently utilized to support a <br />commercial landscaping operation, from AR to EC-5. <br />BACKGROUND: This item was presented at the February 23, 2009 Quarterly Public Hearing <br />where staff stated that the purpose of the petition was to correct a mapping error, specifically <br />relocating an EC-5 zoning designation to the portion of the subject property that was actually <br />being utilized for non-residential purposes. <br />During the public hearing, local residents stated the following: <br />1. There was never a commercial operation on the properly prior to their moving to the area in <br />the late 1970's, <br />2. They did not understand how there could be commercial development allowed on the <br />property, <br />3. They thought it would be better to move the commercial operation to the rear of the property, <br />which was already zoned to allow for commercial development, rather than rezone the portion <br />on property along Phelps Road, and <br />