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ORD-2009-016-Planning Zoning Atlas Amendment (Rezoning) 214 Phelps Road -
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ORD-2009-016-Planning Zoning Atlas Amendment (Rezoning) 214 Phelps Road -
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Last modified
5/9/2011 12:41:46 PM
Creation date
1/13/2010 10:29:38 AM
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BOCC
Date
5/19/2009
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5-2a
Document Relationships
Agenda - 05-19-2009 - 5-2-a
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 05-19-2009
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.~- ~ 1 "~iDD ~. <br />s~~ <br />Planner Michael Harvey made this presentation. <br />APPLICATION SPECIFICS: <br />•Applicant: Planning Staff/Charles and Mary Beth Helgevold <br />•Address: 214 Phelps Road <br />•TMBL /PIN: 2.46..40H / 9866-58-5983 <br />•Size of Parcel: 4 % acres <br />•Zoning: Existing Commercial Five (EC-5), Agricultural Residential, Little River Protected <br />Watershed, <br />•Township: CEDAR GROVE <br />•Land Use Element Map (LUEM) Designation: Agricultural Residential <br />Rezoning request: <br />Rezone a 46,500 square foot portion of property from Existing Commercial Five (EC-5) to <br />Agricultural Residential (AR), and <br />Rezone a 46,500 square foot portion of property, currently utilized to support a commercial <br />landscaping operation, from AR to EC-5 <br />Staff Recommendations: <br />•Deliberate on the petition, <br />•Recommend approval of the petition finding that: <br />a. Application is complete -Article 20 <br />b. Correct alleged error -Sec 20.3.2 (c) <br />c. Carry out intent of Comprehensive Plan- Sec 20.3.2 (e) <br />3. Recommend approval (Attachments two (2) and three (3) to the BOCC <br />PUBLIC COMMENT: NONE <br />A motion was made by Commissioner Hemminger, seconded by Commissioner <br />Pelissier to approve the Administration recommendation to receive the Planning Board <br />recommendation, close the public hearing, and approve the proposed zoning atlas amendment <br />petition finding that: <br />a. The Zoning Atlas Petition is complete in accordance with the provisions of Article 20 <br />of the Zoning Ordinance. <br />b. Per Section 20.3.2(c) of the Zoning Ordinance, staff and the property owner have <br />identified the alleged error that would be corrected through the approval of the <br />petition. Specifically, the EC-5 zoning designation would be reconfigured to <br />incorporate the commercial operation located on the property. <br />c. Per Section 20.3.2(e) of the Zoning Ordinance, the approval of the Zoning Atlas <br />Petition would carry out the intent of the Orange County Comprehensive Plan. <br />Specifically, the approval of the petition would cause the reconfiguration of an EC-5 <br />zoning designation to include an existing non-residential land use. By approving the <br />petition, the existing non-residential land use would be property zoned and, <br />therefore, would be consistent with the Comprehensive Plan. <br />The motion also includes approving the Statement of Consistency (Attachment 3) and <br />Resolution of Rezoning Approval (Attachment 4). <br />VOTE: UNANIMOUS <br />
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