Agenda - 08-25-2008 - c1 - Laserfiche WebLink

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• County Clerk swears in or affirms all individuals who intend to speak at the hearing. • Planning staff certifies that all zoning ordinance notification requirements have been met. • Planning staff presents staff report with a recommendation on zoning atlas amendment proposal, special use permit findings, environmental assessment, biological inventory, preliminary subdivision site plan and staffs recommended conditions for the Special Use Permit. • Petitioner's attorney presents the case for rezoning and special use permit and enters evidence into the record that the ordinance requirements have been /will be met. • Public comments (rezoning) and/or public evidence (SUP) are entered into the record. • Case referred to Planning Board for a recommendation back to the Board of County Commissioners. Planned developments give all parties more information and greater certainty regarding proposed land uses and site development issues. A planned development is a zoning construct in the Orange County Zoning Ordinance that requires the petitioner to disclose uses and development plans, and allows adjoining property owners, businesses, staff and elected officials to discuss proposed uses and site development issues as well as potential conditions on the proposed development plan via the Special Use Permit. The planned development option is the alternative approach to the general use district atlas amendment, which, by State Statute and local ordinances, prohibit discussion of uses, review of a site development plan and the placement of conditions on a project during the zoning atlas amendment process. While the Planned Development approach is preferred for a full public airing of development issues there are, at times, tradeoffs required to make the approach work on both smaller tracts and those tracts that are irregular in shape. In this particular case, the relatively small 12.88 acres, along with a somewhat irregular shape makes full adherence to the 100-foot perimeter building setback problematic from a development and transportation perspective. The petitioner is requesting that the Board weigh the objectives and benefits of the project goals with the costs of strict adherence to particular items within the ordinances and regulations. BACKGROUND Request -Planned Development with Class A SUP for Preliminary Plan Subdivision Type Number of Average Lot Area in Common Open Space Lots Size O en S ace Percenta e Conventional Plan 45 6,044 square 5.10 Acres 39.6 feet Conservation Cluster 28 10,145 square 4.79 Acres 37.7 Flexible Develo ment feet Petitioner Bob Barnett, agent for School House Road Partners, LLC (holders of purchase option) and current owners Ollie McDade, Bonnie McDade, Sandra McDade, and George Tate, Jr. Heirs (Ester W. Tate, Christopher A. Tate; Eric T. Tate, Jeffery D. Tate and Ann Schawb). Location At the intersection of Tinnin .Road (SR 1313) and School House Road (SR 1314), approximately 2,600 feet north of US 70 West. The southwest boundary adjoins the Efland Cheeks Elementary School.