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Planning Board - 030321
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2/25/2021 8:42:39 AM
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BOCC
Date
3/3/2021
Meeting Type
Regular Meeting
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Agenda
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Planning Board minutes - 030321
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Minutes\2021
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17 <br /> Development Process, Schedule, and Action: The typical cadence for the review of a General <br /> Use Rezoning and Zoning Atlas amendment is: <br /> • FIRST ACTION — Submission of a General Use Rezoning application with required <br /> supporting documents by the property owner. <br /> STAFF COMMENT: Ms. Richardson provided required document(s) on <br /> November 6, 2020. This was supplemented in January of 2021 with additional <br /> information providing support for the requested change in the FLUM designation. <br /> • SECOND ACTION — The Planning Board reviews the application at a regular meeting <br /> and makes a recommendation to the BOCC. <br /> STAFF COMMENT: The Planning Board will begin its review on March 3, 2021. <br /> • THIRD ACTION — The BOCC receives the Planning Board recommendation and <br /> makes a decision at a previously advertised public hearing. <br /> STAFF COMMENT: Earliest public hearing date is April 6, 2021. <br /> If the public hearing is held remotely, there is a 24-hour waiting period required <br /> before a decision can be effective, as per State legislation regarding virtual/remote <br /> meetings. The purpose of the 24-hour waiting period is to allow for submission of <br /> written comments. <br /> General Use Rezoning: Zoning promotes development of land uses that can co-exist in <br /> proximity to one another consistent with the promotion of the public health, safety, and general <br /> welfare. Regulations establish opportunities/constraints associated land development in an <br /> attempt to ensure one person's `reasonable use' of property does not impact another person's <br /> ability to make reasonable use of their property. <br /> This request involves a property owner seeking to change the zoning designation of their <br /> property from a residential general use zoning district (R-1) to a district allowing for the <br /> development of non-residential land uses (GC-4). <br /> In acting on this request, the County is unable to impose conditions and the applicant is not <br /> required to define what type of development (i.e. land use) is anticipated. If approved, all land <br /> uses permitted within GC-4 could be developed on the property consistent with applicable <br /> regulations. General Use Rezoning applications are processed in a legislative manner (i.e., <br /> does not require sworn testimony or evidence) and decisions are based on the BOCC's <br /> determination the request is consistent with the purpose and intent of the Comprehensive Plan. <br /> Proposal: The applicant is requesting the general use zoning designation be changed from R-1 <br /> to GC-4 arguing: <br /> ... changing this (property's) zoning to General Commercial (GC-4) will be more <br /> in line with the Character of the area. There is a shopping center approximately <br /> one mile down the road that includes a Walmart, Home Depot, and various other <br /> chain stores and fast food restaurants. On the other side of the road from the <br /> shopping center is a newly built Sheetz, which also has space to have another <br /> tenet beside them. <br /> The applicant is also asking the land use designation for the property be changed from Rural <br /> Residential to Commercial Industrial Transition Activity Node (CITAN). <br /> STAFF COMMENT. This change is necessary if the rezoning request is to be approved. <br />
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