Agenda - 05-04-2021; 8-a - Minutes

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28 1 Consistent with State legislation regarding virtual/remote meetings, there is a 24- 2 hour waiting period required before a decision becomes effective. The purpose of 3 the 24-hour waiting period is to allow for submission of written comments. 4 General Use Rezoning: Zoning promotes development of land uses that can co-exist in 5 proximity to one another consistent with the promotion of the public health, safety, and general 6 welfare. Regulations establish opportunities/constraints associated with land development in an 7 attempt to ensure one person's `reasonable use' of property does not affect another person's 8 ability to make reasonable use of their property. 9 10 This request involves a property owner seeking to change the zoning designation of their 11 property from a residential general use zoning district (R-1) to a district allowing for the 12 development of non-residential land uses (GC-4). In acting on this request, the County is 13 unable to impose conditions and the applicant is not required to define what type of 14 development (i.e. permitted use category) is anticipated. If rezoned, all land uses permitted 15 within the GC-4 general use zoning district are suitable for development on the property once 16 compliance with applicable regulations is demonstrated. 17 18 General Use Rezoning applications are processed in a legislative manner (i.e., does not require 19 sworn testimony or evidence) and decisions are based on the BOCC's determination the 20 request is consistent with the purpose and intent of the Comprehensive Plan. 21 22 Proposal: Applicant requests the general use zoning designation of the property become GC-4 23 arguing: 24 ... changing this (property's) zoning to General Commercial(GC-4) will be more 25 in line with the Character of the area. There is a shopping center approximately 26 one mile down the road that includes a Walmart, Home Depot, and various 27 other chain stores and fast food restaurants. On the other side of the road from 28 the shopping center is a newly built Sheetz, which also has space to have 29 another tenet beside them. 30 The request also involves changing the future land use designation for the property from Rural 31 Residential to Commercial Industrial Transition Activity Node (CITAN). 32 STAFF COMMENT.- This change is necessary to approve the rezoning request. 33 The applicant argues current development trends along NC Highway 86, as well as existing land 34 use designations on parcels to the north and west, support changing the designation of the 35 subject property to CITAN. 36 Other pertinent information concerning the property is as follows: 37 Comprehensive Plan: The subject parcel is currently located within the Rural 38 Residential land use category. 39 Per Appendix F, "Relationships Between Land Use Categories and Zoning Districts 40 Matrix" of the adopted Orange County Comprehensive Plan, GC-4 is not an allowable 41 general use zoning category for property located within a Rural Residential land use 42 category. 43 The GC-4 general use zoning district is permitted within the Commercial-Industrial 44 Transition Activity Node (CITAN).