PD RECOMMENDATION REPORT (PL-SPP-2022-000010)

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Based on the preceding, the subject request is considered an unusual and reasonable use of agricultural land. In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under PC Rule Section 6-3(b)(5) (A)through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an unusual and reasonable use of the agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands. (B) The desired use would not adversely affect surrounding properties. Surrounding properties are zoned A-3a and most are also three (3) acres in size. Surrounding land uses are primarily agricultural and residential, with some vacant, undeveloped parcels. The nearest dwelling is located approximately 100 feet to the northwest of the subject property on TMK(3) 1-6-045:008. A condition will be added allowing the applicants to post a small sign identifying the home occupation in order to provide wayfinding for clients and prevent disturbances to surrounding neighbors. As the proposed use will be a portion of an existing dwelling, it is not anticipated to have an adverse effect on the surrounding properties. The Planning Department received testimony from surrounding property owners expressing concerns that clients of the proposed home occupation might complain about sights, odors and sounds coming from existing agricultural uses on adjacent properties. In order to address these concerns, a condition will be added to re-confirm the State's Right to Farm law that will prohibit the applicants' actions from interfering with the neighbors' right to use their properties for agricultural purposes. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. Access to the subject parcel is proposed to come from Road 8, or Moho Road, a private roadway consisting of a two-lane dirt/graveled surface within a 40-foot- wide right-of-way. Access roads in the neighborhood are paved up to Road 8 and Road F -3-