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HomeMy WebLinkAboutORD-2009-031- Zoning Ord Text Amendment Relating to the Dev Non-residential Land Uses Certain Watershed Overlay Districts~-teQ ~ _ ~ 9 ~~ f AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ORDINANCE WHEREAS, there has been increased attention paid to existing Nodes throughout the County, and WHEREAS, the majority of the Cedar Grove Rural Community Activity Node is currently located within a Critical Watershed Overlay Zoning District that prohibits the development of non-residential land uses, and WHEREAS, the Board of County Commissioners has determined that it was not the original intent to restrict development within the Cedar Grove Rural Community Activity Node when comprehensive watershed regulations were adopted, WHEREAS, the proposed amendment encourages the development of the Nodes consistent with the original intent of the Comprehensive Plan, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance by adding (indicated by double underlined language) and deleting (indicated by stricken through language) as follows: PART I: That Section 6.23.1 of the Ordinance be amended as follows: ISTRICT LAND USE RESTRICTIONS No new landfills are permitted. IV-CA No commercial or industrial uses are permitted except for IV-PW commercial development, in accordance with the provisions of CANE-CA the Ordinance, located within established Nodes as detailed -ENO-CA within the Orange County Comprehensive Plan. No new golf courses are permitted IV-CA CANE-CA No residual (sludge) application is permitted. -ENO-CA CANE-PW -ENO-PW YCO-PW ITTLE-PW No discharging landfills are permitted. Industrial use is limited to ACK-PW nonhazardous light industrial uses characterized by low water use LAT-PW (less than 10,000 gpd, excluding domestic water (25 gpd per W-PW employee) and water used for heating and air conditioning). -ENO-PW ORDAN-PW Upon motion of Commis~i er ~~'~~-C.~1 seconded by Commissioner the f going Zoning Ordinance amendments we adopted this the ~ day of , 2009 and shall become effective upon adoption. ~e Donna faker, Z7erk, Oia~ige County ~ n ~ - ®rP~ +~sre,~~~~ f=i ~ ~~d ~ O ~ ,0 -~©q- b31 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: May 18, 2009 Action Agenda Item No. c,- 3 SUBJECT: Zoning Ordinance Text Amendment Relating to the Development of Non- residential Land Uses within Certain Watershed Overlay Districts DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Ordinance Amendment Resolution .Name Phone Number 2. Map of Cedar Grove Rural Community Craig Benedict, Director 245-2592 Activity Node Michael .D. Harvey, Planner 245-2607 PURPOSE: To hold a public hearing on a staff generated Zoning Ordinance Text Amendment to modify existing regulations relating to the development of non-residential land uses within certain watershed overlay districts. Specifically, staff is proposing an amendment that would allow the development of non-residential land uses within certain critical and protected watershed overlay districts in instances where such areas are also located within previously identified Rural Community Activity Nodes. BACKGROUND: The Orange County Zoning Ordinance (hereafter `the Ordinance'), specifically Section 6.23.1, establishes development restrictions within the various watershed overlay districts, reading as follows: ISTRICT LAND USE RESTRICTIONS -CA N-PW o new landfills are permitted. ANE-CA No commercial or industrial uses are permitted. -ENO-CA No new golf courses are permitted LJNIV-CA ANE-CA No residual (sludge) application is permitted. -ENO-CA CANE-PW -ENO-PW CO-PW ITTLE-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous ACK-PW light industrial uses chazacterized by low water use (less than 10,000 gpd, excludin LAT-PW domestic water (25 gpd per employee) and water used for heating and air W-PW conditioning). . L-ENO-PW ORDAN-PW 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 Eno Critical Watershed Overlay District. As a result, three quarters of the existing Node cannot be developed for non-residential uses based on the existing prohibitions detailed within the Ordinance. There is also a Rural Industrial Node located within the University Lake Protected Watershed Overlay District that is similarly restricted. A Node is a specific geographic area of the County intended to support certain levels of development intensity and/or allow for the development of non-residential 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 6.23.1 of the Ordinance, was intended to prevent wholesale non-residential development throughout the critical or protected watershed(s). PROPOSAL: Staff is proposing to amend Section 6.23.1 as follows: ISTRICT LAND USE RESTRICTIONS IV-CA No new landfills are permitted IV-PW No commercial or industrial uses are permitted except withi ANE-CA established Nodes as detailed within the Orange Coun -ENO-CA Comprehensive Plan. No new golf courses are permitted 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 node to avoid requiring residents to commute to local urbanizing areas to satisfy basic needs. FINANCIAL IMPACT: 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 for the provision of County services. NOTIFICATION PROCEDURAL REQUIREMENTS: As detailed within Article Twenty (20) Amendments Section 20.6 of the Ordinance staff is required to cause a: Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the subsfance_ of the proposed _ . amendment. This notice shall appear in said newspaper for two successive weeks within the krst notice appearing not less fhan ten (70) days. nor more than twenty-five (25) days before the dafe set for the public hearing. Staff has caused an advertisement to appear within the News of Orange and Chapel Hill Herald on May 6, 2009 and May 13, 2009 in accordance with this requirement. RECOMMENDATION: The Zoning Officer recommends the Board: 3 1. Receive the staff initiated zoning text amendment proposal including staff's report and presentation materials, 2. Conduct the Public Hearing and accept comments from all interested parties, 3. Refer the matter to the Planning Board for a recommendation to be returned in time for the September 1, 2009 BOCC meeting, 4. Adjourn the Public Hearing until September 1, 2009 in order to receive the Planning Board's recommendation. I Atta~hmen~ Tw 0 'Cedar fro ~,~~ ._.: ve Rural common Node > -~ 3 1 1-~ ~~ ~~. `3 fi ' , ~ Node you ndary X,. ,~., ' ~_ ~~ ~. ~ ~,_ J~ g.~~, 4 '~ -.., _~ ~ ___ wSyVaferF ~ ~. r ~„' S~o~ &ab~rs b ' ...~ . P } wg;« - 117~or F~itap _~dsO_.OC UWy~ th9(er F ~ _ ! _ L I ra47~~n ~ ~,~.~ Rhre~ Bq~ .'~~'1Dp~ Yetem ~~p~ ' ~: ~~rahetl 1 - :,. ~~ -F- _ ~~ ?:1 i ~ ~:~. Soda Cedar Grav ~'~ e Methodist Chu t ~~ h '~""~ x X i- : ~ d~e~t-a r _ -..- dYadUSGSl~tsrFeature ~P~;_ ._.. " Znrdn9 ~ ,~ ~_ ~ 100 YR Flaodplaln (EtfecWe 02/02107] ~, ~(~~ SoOe Survey Weler Feature LC..1 TomstdP fti} GtS' Llmlts . ;r~,i; Ftoodway(FJFectlve 02/02I0~ OC Updated Water Feature ~ ~ ~ ~Sdrool System Boundary ' ir~1 ETJ ~ 500 YR Flaodplaln (E1(eWve 02/02/07) Water Body _ Conlorua - ConservetlonF~semenfa ~ H ld b - 0 Buildings Rniar eas(ns ~ --- rqy: -' Cou e y.Others .. . Watershed : ;'a SoBs I _ ~ Carservatlon Esaemenla +., 0 56Q 20 Feet t inch = 721.97 feet Attachment Two -Rural Industrial Node ~3 P~ Commissioner Pelissier said that it seems that this is a response to a particular request for rezoning. She said that, if the County is going to implement the Revised Comprehensive Plan, then this seems piece meal and not looking at the big picture. There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners in time for the August 18, 2009 BOCC meeting and adjourn the public hearing until August 18, 2009 in order to receive the Planning Board's recommendation. VOTE: UNANIMOUS 3. Zoning Ordinance Amendment: To receive public comment on proposed amendments to Article Six (6) Application of Dimensional Requirements Section 6.23.1 Land Use Restrictions to modify existing regulations prohibiting non-residential development within the University Lake Critical and Protected, Cane Creek Critical, and Upper Eno Critical Watershed Protection Overlay Districts. AGENDA ITEM: C3 PUBLIC HEARING Review of a proposal to amend Section 6.23.1 of the Zoning Ordinance to modify existing regulations prohibiting non-residential development within certain Protected and Critical Watershed Overlay Districts ISSUE: •Section 6.23.1 prohibits non-residential development within the University Protected and Critical, Cane Creek Critical, and Upper Eno Critical Watershed Overlay Districts, •Staff has determined that the majority of the Cedar Grove Rural Community Activity Node is located within the Upper Eno Critical Watershed Overlay District, •As a result the development potential of this Node is limited, Cedar Grove Rural Community Activity Node: STAFF COMMENT: •Staff does not believe it was the intent of the County to outright prohibit non-residential developments within established Nodes when it adopted the Watershed Overlay Districts in the late 1980's and early 1990's. •Staff believes that there is room for compromise that will allow for development within the Nodes while preserving the integrity of the watershed areas consistent with the various goals of the Comprehensive Plan. PROPOSAL: •Staff is proposing to amend Section 6.23.1 by adding the following language (in bold): ` No commercial or industrial uses are permitted except within esfab/fished Nodes as detailed within the Orange County Comprehensive Plan. ` •This amendment would only permit non-residential development within various protected and critical water sheds in instances where there is an established Node. RATIONALE: •As previously indicated, staff does not believe the County intended to restrict development within the various Nodes when it adopted watershed regulations, •This amendment would allow for a reasonable level of non-residential development within a Node even if it is located within a certain classification of protected or critical watershed, •This amendment would only impact the Cedar Grove Rural Community Activity Node Staff Recommendations: •Receive the staff initiated zoning text amendment proposal including staff's report and presentation materials, •Conduct the Public Hearing and accept comments from all interested parties, •Refer the matter to the Planning Board for a recommendation to be returned in time for the September 1, 2009 BOCC meeting, •Adjourn the Public Hearing until September 1, 2009 in order to receive the Planning Board's recommendation. Orange County Planning Director Craig Benedict said that three quarters of the uses at the intersection of Efland-Cedar Grove Road and Carr Store Road are within the critical area. There has been some difficulty with historic buildings that want to continue commercial operation into the future. This amendment will enable that. Commissioner Gordon said that if there is a mechanism to expand outside this area, she would like some language to prevent expansion into the watershed. Michael Harvey said that the boundaries can only be changed through a Comprehensive Plan Amendment. He said that staff is trying to provide a scenario where the node could be utilized as it was originally intended. He said that Orange County was proactive in expanding and being stricter in the watershed. County Attorney John Roberts said that he would look into it and develop some language. There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to refer the matter to the Planning Board for a recommendation to be returned in time for the September 1, 2009 BOCC meeting, and adjourn the public hearing until September 1, 2009 in order to receive the Planning Board's recommendation. VOTE: UNANIMOUS D. ADJOURNMENT OF PUBLIC HEARING BOCC CLOSED SESSION: A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to go into closed session at 8:15pm: "Pursuant to NCGS § 143-318.11(a)(6) to consider the qualifications, competence, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee" VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to reconvene into regular session at 11:00 p.m. VOTE: UNANIMOUS ADJOURNMENT A motion was made by Commissioner Jacobs, seconded by Commissioner Nelson to adjourn the meeting at 11:00 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board