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W <br />ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: August 21, 2012 <br />Action Agenda <br />Item No. 6 -e <br />SUBJECT: Zoning Atlas Amendment— Merritt Rezoning <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes <br />ATTACHMENTS: <br />1. Zoning Application Packet <br />2. Rezoning Map <br />3. Ordinance Approving Rezoning Petition <br />4. Ordinance Denying Rezoning Petition <br />5. Excerpt from Draft May 29, 2012 Quarterly <br />Public Hearing Minutes <br />6. Excerpt from June 6, 2012 Planning Board <br />Minutes <br />INFORMATION CONTACT: <br />Glenn Bowles, Planner II, 245 -2577 <br />Michael D. Harvey, Planner III, 245 -2597 <br />Craig Benedict, Director, 245 -2592 <br />PURPOSE: To receive the Planning Board recommendation, close the public hearing, and <br />make a decision on an owner - initiated Zoning Atlas Amendment to rezone approximately 0.83 <br />acres of land on 2 parcels of property from Rural Residential (R1) to Neighborhood Commercial <br />(NC2) in accordance with the provisions of the Unified Development Ordinance (UDO). <br />BACKGROUND: This item was presented at the May 29, 2012 Quarterly Public Hearing. As <br />staff indicated, the two properties, owned by Mr. and Mrs. Thomas and Barbara Merritt, are split <br />zoned, specifically: <br />• PIN 9874 -68 -7542: a 31,716 sq. ft. parcel split zoned with 4,005 sq. ft. zoned R1 and the <br />remaining zoned NC2; and <br />• PIN 9874 -68 -9620: a 60,063 sq. ft. parcel split zoned with 32,227 sq. ft. zoned R1 and <br />the remaining portion zoned NC2 <br />The properties are north of Highway 70, east of the intersection of Highway 70 and St. Mary's <br />Road, and are currently utilized to support a small garden center. These parcels are adjacent to <br />the Wood properties, which are also subject to a rezoning petition currently under review <br />(please see Attachment 2 for additional detail). <br />The current zoning configuration limits available locations for septic systems to support <br />development, as septic fields supporting non - residential development cannot be located on <br />residentially zoned portions of property, and creates problems with respect to the owner <br />complying with established landscape, parking, and setback standards. <br />The proposed atlas amendment would eliminate the existing R -1 zoning designation in its <br />entirety and rezone those portions of the property to NC2. <br />