Agenda - 10-04-2011 - 7a - Laserfiche WebLink

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 You have all received a packet from the County Planning staff, specifically a revised Attachment 1, which is going to take the place of the application previously forwarded to you. The applicant at will enter that information into the record during their presentation. For purposes of this discussion, I'll refer to the application as Attachment 1 and as that you reference the revised document which we provided to you. As you all will note from the abstract, which begins on page 1, we are here to look at a major subdivision. The major subdivision is located at the intersection of School House Road and Tinnin Road off of Highway 70. The applicant in this case is Habitat for Humanity. The project involves two separate parcels of property with PIN numbers identified in the abstract. The total size of the subject parcels is 8.9 acres. It is currently zoned Rural Residential- as already articulated the Chair, Dr. Wright, and is located in the Upper Eno 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 comer 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 atwo-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