Minutes 04-06-2021 Virtual Business Meeting

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28 Development Process, Schedule, and Action: The typical cadence for the review of a General Use Rezoning and Zoning Atlas amendment is: • FIRST ACTION — Submission of a General Use Rezoning application with required supporting documents by the property owner. STAFF COMMENT: Ms. Richardson provided required document(s) on November 6, 2020, supplemented in January of 2021 with additional information providing support for the requested change in the FLUM designation. • SECOND ACTION — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. STAFF COMMENT: The Planning Board reviewed this item at its March 3, 2021 regular meeting where members voted unanimously to recommend denial of the request(s). • THIRD ACTION — The BOCC receives the Planning Board recommendation and makes a decision at a previously advertised public hearing. STAFF COMMENT: Scheduled for April 6, 2021. Consistent with State legislation regarding virtual/remote meetings, there is a 24- hour waiting period required before a decision becomes effective. The purpose of the 24-hour waiting period is to allow for submission of written comments. General Use Rezoning: Zoning promotes development of land uses that can co-exist in proximity to one another consistent with the promotion of the public health, safety, and general welfare. Regulations establish opportunities/constraints associated with land development in an attempt to ensure one person's `reasonable use' of property does not affect another person's ability to make reasonable use of their property. This request involves a property owner seeking to change the zoning designation of their property from a residential general use zoning district (R-1) to a district allowing for the development of non-residential land uses (GC-4). In acting on this request, the County is unable to impose conditions and the applicant is not required to define what type of development (i.e. permitted use category) is anticipated. If rezoned, all land uses permitted within the GC-4 general use zoning district are suitable for development on the property once compliance with applicable regulations is demonstrated. General Use Rezoning applications are processed in a legislative manner (i.e., does not require sworn testimony or evidence) and decisions are based on the BOCC's determination the request is consistent with the purpose and intent of the Comprehensive Plan. Proposal: Applicant requests the general use zoning designation of the property become GC-4 arguing: ... changing this (property's) zoning to General Commercial (GC-4) will be more in line with the Character of the area. There is a shopping center approximately one mile down the road that includes a Walmart, Home Depot, and various other chain stores and fast food restaurants. On the other side of the road from the shopping center is a newly built Sheetz, which also has space to have another tenet beside them.