Minutes 05-23-2011 - Laserfiche WebLink

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Protected Watershed. Both properties are also located within the 10-year Transition Area as designated on the Land Use Element Map of the Orange County Comprehensive Plan. The request is to rezone this property from Rural Residential (R-1) to High Intensity (R8) Conditional Use for the purpose of developing a major subdivision. Lot sizes in the subdivision are going to range from 5,500 square feet to 12,500. The overall density for this development will be three units per acre and the project, according to the applicant, is intended to be served by water and sewer lines that are already available in the area. You have in your packet a copy of the site plan. You'll note the general layout the applicant is proposing. As denoted on the site plan, the applicant intends to extend Tinnin Road at the edge of the project and develop two public roads, one cul-de-sac, and a public access path to the open space parcel to the north of the project. Within the narrative, the applicant is requesting modifications of existing development standards, specifically relaxation of required land use buffers, development setbacks, and zoning setbacks. The site plan denotes a variable width buffer width of 25 to 50 feet around the perimeter of the property. The applicant is proposing that they abide by a 5 foot corner and rear yard setback versus the 8 foot required under the requested zoning designation. It should be noted that this will not have an impact on corner lot setback lines, which are mandated by the code to observe the principle setback of the district. As the Board is already aware, this project involves a two-step approval process. You are looking at a rezoning request. It is a legislative review process. There is also a Class A Special Use Permit process, which is quasi-judicial. What this essentially means is that you are going to be asked, upon the conclusion of this case and once the public hearing is closed, to first render a decision on whether or not to rezone the property as requested and then whether or not to issue the Class A Special Use Permit approving the site specific development plan that the applicant has provided. In handling the rezoning, it's going to be the County Commissioners' responsibility to make findings on whether or not the proposal is consistent with the elements of the Comprehensive Plan and whether or not the applicant has provided sufficient documentation justifying the request. With respect to the Class A Special Use Permit, however, the County Commissioners are ultimately making and basing their decision on the sworn testimony and evidence submitted by the applicant, by those in favor, and those in opposition of this project, as well as staff, in terms of their compliance with the various standards established within the regulations. The review of this application does occur simultaneously, so you are not going to look at one component independently from one another. You're going to look at the rezoning and the special use permit simultaneously. As the Board will remember from previous cases, conditions can be imposed on this project, but it must be mutually agreed to by the applicant and the Board of County Commissioners in writing before a decision can be rendered. Our initial comments, and I will begin reviewing the specifics of this application, beginning on page 4. We have found as a staff that the application is generally consistent with the Land Use Element Map and we believe it is consistent with the requirements of the zoning ordinance. We believe that anticipated density for the project is consistent for properties located within the 10-year transition area, as denoted within the adopted Comprehensive Plan, and is consistent with urban designated areas as noted on the County's urban services boundary map. With respect to roads, the applicant is proposing to build public roads, as noted on the site plan. The development of the proposed roads is consistent with the requirements of the