6.1.22 Planning Board Packet - Laserfiche WebLink

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9 • THIRD ACTION — The BOCC receives the Planning Board recommendation, holds an advertised public hearing, and potentially makes a decision after the hearing (either the evening of the hearing or at a subsequent BOCC meeting). STAFF COMMENT. Earliest public hearing date is September 6, 2022. Conventional District 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 impact 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 conventional zoning district (R-1) to a district allowing for the development of non-residential land uses (1-2). 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. land use) is anticipated. If approved, all land uses permitted within the 1-2 district could be developed on the property, consistent with applicable regulations. Conventional district 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. A formal site plan, reviewed and approved by staff in accordance with Section 2.5 of the LIDO, must be submitted and approved prior to any development activity on the parcel. Proposal: The applicant is requesting the conventional zoning designation be changed from R-1 to 1-2 stating: "The requested zoning change promotes the desired use according to adjoining use and the Orange County long-range planning information, and is consistent with the existing uses in the area. The requested change from R-1 to 1-2 zoning is requested to accommodate these uses consistent with the promotion of economic improvements in the area. Proposed uses and development plans for projects will be designed and reviewed in accordance and consistent with the Unified Development Ordinance requirements and permitted uses. This proposed zoning change promotes benefits for allowing uses in an area which are not currently available under the current zoning, while protecting the surrounding public interest via the notification and rezoning process." Public Notification: In accordance with Section 2.8.7 of the LIDO, notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel providing the date/time of the Planning Board meeting where the proposal is to be reviewed. These notices were mailed on May 17, 2022, 15 days before the Planning Board meeting. Staff also posted the subject parcel with signs indicating the date/time of the Planning Board's review of the rezoning request on May 17, 2022. See Attachment 3 for notification materials. Planning Director's Recommendation: As required under Section 2.8.5 of the LIDO, the Planning Director is required to `... cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration'. In analyzing this proposal, the Planning Director offers the following: