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