Agenda - 02-28-2005-c1 - Laserfiche WebLink

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Evolution of Land Use Planning Policies Two areas of special concern were highlighted in the introduction of the 1981 Land Use Element and mentioned throughout the plan as recurrent themes -- agricultural preservation and water resources protection. The current efforts of Planning staff to update the Land Use Element reveal that those same two areas remain key issues of concern today. Goal Seven of the 1981 plan, "The continued use of agricultural land and the maintenance of the farming way of life in rural areas as a viable part of the County's economy," spoke specifically to agricultural preservation. As agriculture evolves in Orange County from traditional row crops to more diverse operations, such as organic or specialty farms, land use policies must evolve also or the County will risk losing its remaining farmers and farms Two tools were introduced in the 1981 Land Use Element to provide the rural communities with essential commercial services, the Rural Activity Node and the Agricultural Services (AS) floating zoning district. While the rural nodes were designed to provide locations for some farm related commercial and light industrial uses, they were also designed as the only places appropriate for non -farm related commercial and industrial development —uses such as churches, fire stations, small post offices, schools, and other similar institutional or commercial uses which were not necessarily related to agricultural operations but were critical to everyday living. The AS floating zone was designed to provide a mechanism to allow farm services (such as feed stores and machinery repair) in the agricultural community without disrupting the overall land use plan designations for agriculture and residential uses. While the plan delineated suitable areas for both special designations, property owners interested in pursuing commercial status still have to apply to have their property rezoned to one of the applicable zoning districts. Rezoning applications are considered through the quarterly public hearing process, and are subject to fees. Restrictions linked to the designation, particularly for land within the rural activity nodes, have limited the number of rezonings and thus have limited the success of the program to provide real opportunity to land owners pursuing rural ventures. New Planning Construct - Conditional District Zoning When a property is zoned, all of the uses permitted in the new zoning district apply to the parcel. Another way to zone property is through conditional district zoning, a technique the interdepartmental work group is suggesting for agricultural services in rural areas. Similar to a special use zoning process, the Board of County Commissioners could review applications to zone or rezone property using a legislative decision process for a specific development plan. This would allow the BOCC to consider the appropriateness of the particular planned use and limit approval to that specific use. Objective 7 9 of the 1981 Land Use Element stated, "Encourage agricultural related commercial and industrial uses consistent with the zoning district Agricultural- Services (AS) to locate at activity nodes, but allow their occurrence anywhere in the Agricultural - Residential plan areas." To successfully promote agricultural businesses in otherwise AR, R1 or RB zoning districts, the rezoning process has to become realized. The conditional district zoning approach provides a better way of accommodating the need for agricultural businesses and rural ventures with a commercial component in the rural areas without disrupting the residential character of the zoning district. Land Use and Zoning The Color Progression Chart (Attachment #4) and Proposed Land Use Schedule (Attachment #5) attempt to link the required permitting of rural enterprises to the intensity and potential impact of the use. There is a continuum from bona fide farm activities, which are exempt from zoning regulations, to agricultural industrial uses (e.g , a large -scale equestrian facility), which would require rezoning of either an AS district or an AS conditional district.