Agenda - 05-19-2009 - 5-2-a - Laserfiche WebLink

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4. They were not supportive of the proposed rezoning. While staff understands their concerns, staff believes the proposed zoning atlas amendment is consistent with the County's efforts to correct longstanding zoning atlas errors and will only allow for the existing commercial operation to be properly zoned. 'Further, as staff testified during the hearing, there were notes from previous staff members identifying the development of a landscape operation on the subject property prior to the initial zoning of the Cedar Grove Township in 1994. As a result the EC-5 zoning designation was recommended for this property in order for the existing non-residential land use to be considered conforming. PLANNING BOARD REVIEW: The Planning Board reviewed this item at its April 1, 2009_ regular meeting. Planning Board members agreed with staff that the request represented an attempt to correct a mapping error and would properly locate the EC-5 zoning designation over a portion of the subject property that was actually utilized to support an existing landscape business. The Planning Board voted unanimously to recommend approval of the petition as presented by staff (please refer to Attachment Two (2) of the abstract for the Planning Board minutes). FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. ADMINISTRATION RECOMMENDATION: The Administration recommends the BOCC take the following actions: 1. Receive the Planning Board recommendation, 2. If necessary, deliberate further on the proposed amendment, 3. Close the public hearing, and 4. Approve the proposed zoning atlas amendment petition finding that: a. The Zoning Atlas Petition is complete in accordance with the provisions of Article Twenty (20) of the Zoning Ordinance, b. Per Section 20.3.2 (c) of the Zoning Ordinance, staff and the property owner have identified the alleged error that would be corrected through the approval of the petition. Specifically, the EC-5 zoning designation would be re-configured to incorporate the commercial operation located on the property. c. Per Section 20.3.2 (e) of the Zoning Ordinance, the approval of the Zoning Atlas Petition would carry out the intent of the Orange County Comprehensive Plan. Specifically, the approval of the petition would cause the reconfiguration of an EC- 5 zoning designation to include an existing non-residential land use. By approving the petition, the existing non-residential land use would be properly zoned and, therefore, would be consistent with the Comprehensive Plan. 5. Approve the Statement of Consistency (Attachment Three (3)) and Resolution of Rezoning Approval (Attachment Four (4)).