8.3.22 Planning Board Packet - Laserfiche WebLink

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15 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 split-zoning situation that is part residential conventional zoning district (AR), and part commercial conventional district (NC-2) to two districts allowing for the development of non- residential land uses (NC-2 and LC-1). The purpose of the split commercial zoning is because of acreage limitations for commercial zones in the Rural Community Activity Node (the Unified Development Ordinance limits commercials zoning within these Nodes to 10-acres per zoning district and there is not enough "available" NC-2 allowance to rezone the entire parcel NC-2. As an aside, the acreage limitations may need to be studied further since determining the land area that needed to be commercially zoned was formerly different from the current requirements. Formerly, only the building and parking area needed to be zoned commercial; a change in practice a number of years ago requires that all areas of a parcel serving a commercial use must be commercially zoned (for example, the septic field, well area, and required landscaping area). 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 NC-2 and LC-1 districts could be developed on the property accordingly, 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 NC-2 and AR to NC-2 and LC-1 stating: "We are requesting that parcel 9749402351 be rezoned from NC-2 and AR to NC-2 and LC-1. The current property is dual zoned, and we would like to make the property fully zoned for commercial retail space. Due to the limits of allowed NC-2 zoning and LC-1 zoning for this area, we are proposing to add an additional 1.19 acres of NC-2 and 4.83 acres of LC-1. This rezoning should meet the intent and purpose of the Orange County Comprehensive Plan to provide retail sales to the community." Public Notification: In accordance with Section 2.8.7 of the UDO, 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 July 19, 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 July 21, 2022. See Attachment 3 for notification materials. Planning Director's Recommendation: As required under Section 2.8.5 of the UDO, 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: 1. The proposal is consistent with goals/objectives outlined within the Comprehensive Plan concerning development, including: