HomeMy WebLinkAboutAgenda - 05-18-2009 - C31
ORANGE COUNTY
BOARD D~ CO~LI~ISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA [TENT ABSTRACT
Meeting Date: May S, 2a4g
Action Agenda
Item No. ~ _- ~
SUBJECT: honing Ordinance Text Amendment Relating to the Development of Non
residential Land Uses within Certain yilatershed Overlay Districts
DEPARTMENT: Planning and Inspections PUBLIC HEARING: ~Y~N~ Yes
ATTACHI'~ENT~S~: ~ INI~ORNIATION CONTACT:
~ . Ordinance Amendment Resolution Name Phone Number
~. Map of Cedar Grove Rural Community Craig Benedict, Director 245~2v92
Activity Node Michael .D. Harvey, Planner ~~5.2G47
PURPOSE: To hold a public hearing on a staff generated Coning Ordinance Text Amendment
to modify existing regulations relating to the development of nonresidential land uses v~ithin
certain watershed overlay districts. Specifically, staff is proposing an amendment that would
allow the development of nonresidential land uses within certain critical and protected
watershed overlay districts in instances ~rhere such areas are also located within previously
identified Rural Community Activity Nodes.
BACKGROUND: The Orange County honing Ordinance thereafter `the Ordinance'}, specifically
Section x.23. ~ , establishes development restrictions within the various watershed overlay districts,
reading as fellows.
ISTRICT I~~ I~S~ .~ST~C~TIClN~S
~~-CA No new landf lls are erm~tted.
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CJNIV-Pw No commercial or zndustrlal uses are permitted.
CANT-CA No new golf courses are permitted
CJ-~N~-CA
UNIV-CA
CANI~-CA No residual sludge} application is permitted.
-ENS-CA .
CANS-~~V
1J-I~NU-PW
CO-~~ No dischar in landfills are ermined. industrial use is limited to nonhazardous
g g ~
L~TTL~-Pw light industrial uses characterized b~ law water use Mess than ~ a,Q~D gpd, excludin
ACS-PVC
~ domestic water 25 d er ern to ee and water used for heatin and air
~ ~ p p Y ~ g
SAT-P
w cond~t~on~ng}. .
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During the recent update of the Comprehensive Plan, staff noticed that approximately three
quarters of the Cedar Grove Rural Community Activity Node is located within the Upper ono
Critical lillatershed Overlay District. As a result, three quarters of the existing Node cannot be
developed for Wan-residential uses based an the existing prohibitions detailed within the
Ordinance.
There is also a Rural industrial Lode located within the University Lake Protected Watershed
Overlay District that is similarly restricted.
A Nade is a specific geographic area of the County intended to support certain levels of
development intensity andlor allow for the development of nonresidential land uses to serve the
needs of the surrounding local community.
Staff believes the County did not intend to restrict non-residential development within the Cedar
Grove Rural Community Activity Node and that the prohibition, as outlined within Section 5.23.E
of the Ordinance, was intended to prevent wholesale nonresidential development fihroughoufi
the critical or protected watersheds}.
PROPOSAL: Staff is proposing to amend Section 5.23.1 as follows:
IaDISTRICT (LAND USE RESTRICTIONS II
No ~.e~r landfills are permitted
NtV-CA It
No commercial or ~.~ustr~al uses are petted exce,~t w h
NIV-PTV
established .lodes as detailed w~th~n the Orange Coin
ANA-CA
. Com~r~ehens~ve Plan.
-~NO~~A
No near golf courses are permuted
Staff: believes that this amendment is consistent with the goals and objectives of the Orange
County Comprehensive Plan in that it is encouraging the development of an activity Wade to
avoid requiring residents to commute to local urbanizing areas to satisfy basic needs.
FINANCIAL. PACT: This request has been reviewed by various County departments who
have determined the approval of the request will not create the need for additional funding far
the provision of County services.
N~TIFICATI~]N PROCEDURAL R~QUIRC~IENTS: As detailed within Article Twenty ~2~}
Amendments Section 2o.6 of the Ordinance staff is required to cause a~ ~ .
lvotice of the public hearing shall be given by publishing said notr'ce at
least twice in a newspaper of general circulation in the County, stating the
lime and place of such hearing and the substance. of the proposed ..~ .
amendment. phis notice shall appear in said newspaper for two
successive weeks within the first notice appearing not less bran ten (~ o]
days .nor more than twenty~five (~~) days before the date set for the public
hearing.
Staff has caused an advertisement to appear within the News of Orange and Chapel Hill l~lerald
on N1ay ~, Zoo9 and May ~ 3, 2o09 in accordance with this requirement.
RF~Q~IN~FNDATC~N: The honing officer recommends the Board:
~ , Receive the staff initiated zoning text amendment proposal including staff's report and
presentation materials,
2, Conduct the Public Hearing and accept comments Pram all interested parties,
3. Refer the matter to the Planning Board for a recommendation to be returned in time for
the September ~, 2aa9 BCCC meeting,
4, Adjourn the Public Hearing until September ~ , 24D9 in order to receive the Planning
Board's recommendation.
`i
` Attachment Two (2) -Cedar Grove Rural Community Activity Node 5
0 560 ~o
Feet
1 inch = 7~~ .97 feet
5
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Attachment Two -Rural Industrial Node