Agenda 10-01-19 Item 8-a - Minutes

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17 1 2 BACKGROUND: This 16.45 acre parcel was originally "split-zoned" Neighborhood Commercial 3 (NC-2) and Rural Residential (R-1)when zoning for Cheeks Township was established in 1984. 4 The property has had a Commercial-Industrial Transition Activity Node (CITAN) land use 5 designation since 1984 as well. Future rezonings to non-residential zoning were anticipated to 6 be consistent with the CITAN land use. As was common practice at that time, staff identified 7 nonresidential zoning district boundaries in a manner that encompassed only the actual land 8 use (e.g., buildings) while excluding other areas, most notably parking, septic fields and/or 9 required land use buffers, which created a split zoning. 10 11 This parcel, further identified utilizing Orange County Parcel Identification Number (PIN) 9834- 12 25- 2573, is 16.45 acres in area and is split zoned with approximately 14.57 acres zoned Rural 13 Residential (R-1) and 1.88 acres zoned Neighborhood Commercial (NC-2). The NC-2 zoned 14 portion of property contains a pole barn and a non-residential structure. Both of these structures 15 are utilized to support contracting, storage, landscaping, and agricultural uses. The R-1 zoned 16 portion of the property contains an older farm-related storage structure previously used to 17 support agricultural uses on the property. 18 19 For more information on current conditions, please refer to the Site Assessment Map contained 20 within Attachment 3. 21 22 In 2016, staff initiated a review of 23 properties throughout the Cheeks Township that were 23 either: 24 • Split zoned (i.e. residential and non-residential zoning designations); 25 • Zoned non-residential where there was no corresponding non-residential land use; or 26 • Contained zoning boundaries did not allow for the logical use of property. 27 Seventeen of these properties were subsequently rezoned to address these conflicts. This 28 property was identified, but not acted upon at the request of the owner to allow for additional 29 review of potential impacts. The owner has since submitted the required zoning atlas 30 amendment application seeking to proceed with a rezoning of the entire 16.45 acre property to 31 General Commercial (GC-4). 32 Development Process, Schedule, and Action: The typical cadence for the review of a General 33 Use Rezoning and Zoning Atlas amendment is: 34 35 • FIRST ACTION — Submission of a General Rezoning application with required supporting 36 documents by the property owner. 37 STAFF COMMENT. Mr. Doby, the property and business owner, submitted the required 38 materials on July 3, 2019. Staff determined the application to be complete on July 8, 2019. 39 40 • SECOND ACTION —The Planning Board receives the application and staff prepares materials 41 and makes a recommendation on the rezoning request. 42 STAFF COMMENT: Staff presented this request and the Planning Board made a unanimous 43 recommendation to approve the request at its August 7, 2019 regular meeting. 44 45 • THIRD ACTION —The BOCC holds a public hearing on the request, receives the application 46 materials and recommendations, and takes action on the request. 47 STAFF COMMENT. Staff will present these materials and facilitate the public hearing at the 48 BOCC's September 3, 2019 regular meeting. 49 50 NOTE: property is not located within a Watershed Protection Overlay district.