HomeMy WebLinkAboutOTHER-2024-060-Zoning Atlas Amendment – 1031 Frazier Road, Mebane, Cheeks Township G If 9091) rob ; 5 (MCPl
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Attachment 6
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030
COMPREHENSIVE PLAN
An applicant- initiated amendment to the Zoning Atlas has been reviewed to rezone a
parcel as follows .
Parcel Owner of
Identification Township Current Zoning Proposed Zoning
Number ( PIN ) Record
■ MPD - CZ ( Master Plan
Hart ' s Mill ,
Development R- 1 ( Rural Residential )
■
9835 - 74 - 8573 Cheeks LLC Conditional Zoning Upper Eno Protected
District )
Upper Eno Protected Watershed
Watershed
The Board of County Commissioners hereby finds :
a . The requirements of Section 2 . 8 Zoning Atlas and Unified Development
Ordinance Amendments of the Unified Development Ordinance ( UDO ) have
been reviewed and deemed complete ; and ,
b . Pursuant to Sections 1 . 1 . 5 Statement of Intent - Amendments , and 1 . 1 . 7
Conformance with Adopted Plans of the UDO and to Section 160D - 604 ( d )
Planning Board review and comment — Plan Consistency and 160D - 605 ( a )
Governing Board Statement — Plan Consistency of the North Carolina General
Statutes , the Board finds sufficient documentation within the record denoting that
the amendment is consistent with the adopted 2030 Comprehensive Plan ,
i
c . The proposed R- 1 zoning district meets the goals of the Comprehensive Plan . By
rezoning the property, the existing MPD - CZ ( Master Plan Development -
Conditional Zoning ) district , approved by the Board of County Commissioners in
2015 to allow for 34 residences on 22 acres of the parcel , will cease to exist . The
subject property is designated as R- 1 ( Rural Residential ) on the Future Land Use
Map ( FLUM ) , and is defined in the 2030 Comprehensive Plan as " land in the rural
areas of the County which is appropriate for low intensity and low- density
residential development and which would not be dependent on urban services
during the plan period . " It is also located in the 20 Year Transition , which is defined
in the 2030 Comprehensive Plan as " land located in areas that are in the process
of changing from rural to urban , that are suitable for urban -type densities and
should be provided with public utilities and services within the second 10 -year
phase of the Plan . "
According to Appendix F : Relationships Between Land Use Classifications and
Zoning Districts , the proposed Rural Residential zoning district is consistent with
both the Rural Residential Land Use Classification , defined in the 2030
Comprehensive Plan as " rural areas to be developed as low intensity and low
density residential " ; and the 20 -Year Transition Land Use Classification , which is
defined as " areas changing from rural to urban in form and density. All densities of
residential development would be appropriate . " The eligible zoning districts in the
20 -Year Transition future land use classification include R- 1 ( Rural Residential ) .
The request to zone the property to R- 1 ( Rural Residential ) will assign the parcel
the same zoning district as all surrounding properties and ensures that rural
character and land use will be preserved . The R- 1 zoning permits uses consistent
with low density development and limits disturbance to surrounding rural lands .
Accordingly, the proposal is consistent with goals/objectives outlined within the
Comprehensive Plan concerning development , including :
• Planning Principle 2 . Sustainable Growth and Development : Growth and
development within the county should occur in a pattern , location , and density
that is sustainable over the long -term .
Staff Comment : The property is designated 20 Year Transition on the
Future Land Use Map ( FLUM ) , which is defined in the 2030
Comprehensive Plan as " land located in areas that are in the process of
changing from rural to urban , that are suitable for urban -type densities and
should be provided with public utilities and services within the second 10 -
year phase of the Plan . " A small portion of the parcel is designated Rural
Residential which is defined in the 2030 Comprehensive Plan as " land in
the rural areas of the County which is appropriate for low intensity and
low-density residential development and which would not be dependent on
urban services during the plan period . "
By rezoning the property , the existing MPD - CZ ( Master Plan Development
- Conditional Zoning ) district , approved by the Board of County
Commissioners in 2015 to allow for 34 residences on 22 acres of the
parcel , will cease to exist . The proposed R- 1 ( Rural Residential ) zoning
district meets the goals of both this planning principle and the overlay
district , which identifies the parcel as a location where both a land use
maintaining rural character and a use that increases density with potential
for a residential development are encouraged .
• Planning Principle 5 . Preservation of Rural Land Use Pattern : The County's
rural areas are a cherished component of the County's character. Future
development should preserve and enhance the county 's rural landscape .
Staff Comment : According to Appendix F : Relationships Between Land Use
Classifications and Zoning Districts , the proposed R- 1 ( Rural Residential )
zoning district is consistent with both the 20 -Year Transition Land Use
Classification , which is defined as " areas changing from rural to urban in
form and density . All densities of residential development would be
appropriate , " and the Rural Residential Land Use Classification , defined in
the 2030 Comprehensive Plan as " rural areas to be developed as low
intensity and low density residential . " The eligible zoning districts in the 20 -
Year Transition future land use classification include R- 1 ( Rural Residential ) .
The request to zone the property to R- 1 ( Rural Residential ) will assign the
parcel the same zoning district as all surrounding properties and ensures
that rural character and land use will be preserved . The R- 1 zoning permits
uses consistent with low density development and limits disturbance to
surrounding rural lands .
• Planning Principle 6 . Water Resources Preservation : The County has finite
water resources to provide to future populations . The protection and
management of the County 's water resources should be a high priority.
Staff Comment : Future development resulting from the proposed Zoning
Atlas Amendment will not require use of public utilities . Any future
development for residential purposes would be subject to regulation under
the County' s stormwater and water supply watershed regulations , as the
property is located in the Upper Eno Protected Watershed .
• Planning Principle 8 . Preservation of Community Character : Future growth
and development should occur in a manner that preserves and enhances the
existing character of the County, its townships, and rural crossroads
communities.
Staff Comment : According to Appendix F : Relationships Between Land Use
Classifications and Zoning Districts , the proposed R- 1 ( Rural Residential )
zoning district is consistent with both the 20 -Year Transition Land Use
Classification , which is defined as " areas changing from rural to urban in
form and density . All densities of residential development would be
appropriate , " and the Rural Residential Land Use Classification , defined in
the 2030 Comprehensive Plan as " rural areas to be developed as low
intensity and low density residential . " The eligible zoning districts in the 20 -
Year Transition future land use classification include R- 1 ( Rural Residential ) .
• Land Use Overarching Goal : Coordination of the amount, location, pattern
and designation of future land uses, with availability of County services and
facilities sufficient to meet the needs of Orange County 's population and
economy consistent with other Comprehensive Plan element goals and
objectives.
Staff Comment : Per the FLUM , the parcel ' s future land use classification is
20 -Year Transition , which is defined as " areas changing from rural to urban
in form and density . All densities of residential development would be
appropriate . " A portion of the parcel is also designated as R- 1 ( Rural
Residential ) , which is defined in the 2030 Comprehensive Plan as " land in
the rural areas of the County which is appropriate for low intensity and low-
density residential development and which would not be dependent on urban
services during the plan period . " It is also A rezoning to R- 1 is consistent with
these stated goals and objectives .
• Land Use Goal 2 : Land uses that are appropriate to on -site environmental
conditions and features, and that protect natural resources, cultural
resources, and community character.
Staff Comment : The property is designated on the Future Land Use Map
( FLUM ) as 20 -Year Transition , which is defined as " areas changing from
rural to urban in form and density . All densities of residential development
would be appropriate . " A portion is also identified as Rural Residential and is
defined in the 2030 Comprehensive Plan as " land in the rural areas of the
County which is appropriate for low intensity and low- density residential
development and which would not be dependent on urban services during
the plan period . " The proposed rezoning is consistent with a transition to
allow for residential development while maintaining a low intensity land use .
The parcel contains the Special Flood Hazard Area ( 100 Year Floodplain )
and 500 Year Floodplain , as well as a 1 . 8 - acre pond . Future development of
the parcel would not infringe on these features , with the low density and
open space requirements for development within the R- 1 zoning district .
• Land Use Goal 3 : A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character,
minimizes land use conflicts, supported by an efficient and balanced
transportation system .
Staff Comments : The request to assign the parcel ' s historic zoning of R- 1
( Rural Residential ) ensures that rural character and land use are preserved
from any development resulting from the rezoning . R- 1 permitted land uses
are consistent with low density development and limit disturbance on
surrounding rural lands . The amendment will assign the parcel the same
zoning district as all surrounding properties . Under N . C . G . S . 10 &581 . 1 and
1601D -903 , the parcel has Bona Fide Farm Exemption status . The property
owners will maintain this status and use the rear of the parcel for farm use .
This aligns with adjacent property uses as agriculture and maintains the rural
character of the area .
• Land Use Goal 6 : A land use planning process that is transparent, fair, open,
efficient, and responsive .
Staff Comment : The Orange County staff has noticed the public regarding
this application , as required by Section 2 . 8 . 7 of the UDO , including mailings
to neighboring property owners , posting of the property , and advertisement
in the local newspapers . Additionally , staff have provided all application
documents on the Active Development Projects webpage .
• Natural and Cultural Resources Overarching Goal : A sustainable balance
and appreciation of natural, cultural and agricultural resources .
Staff Comments : Under N . C . G . S . 10 & 581 . 1 and 160D - 903 , the parcel has
Bona Fide Farm Exemption status . The property owners will maintain this
status and use the rear of the parcel for farm use . This use of the land in a
manner consistent with a rural land use aligns with preservation of natural
and agricultural resources .
• Appendix F , Land Use Classification Description for 20 Year Transition :
Identifies areas changing from rural to urban in form and density , where all
densities of residential development would be appropriate . The applied
zoning district is R- 1 ( Rural Residential ) .
• Appendix F , Land Use Classification Description for Rural Residential :
Identifies rural areas to be developed as low intensity and low density
residential . The applied zoning district is R- 1 ( Rural Residential ) .
Staff Comment : The requested zoning district is consistent with the 2030
Comprehensive Plan , Appendix F , Relationships Between Land Use
Classifications and Zoning Districts .
The amendment is consistent with these goals because the proposed development is
consistent with existing/anticipated development within the area and the land use
associated with the project is compatible with various 2030 Comprehensive Plan goals
detailed above .
d . The amendment is reasonable and in the public interest because it furthers the
goals of the adopted Comprehensive Plan and is located in an area designated on
the Future Land Use Map as " 20 Year Transition " with a small portion of the parcel
designated as Rural Residential . Such areas have been identified as being in the
process of changing from rural to urban , and are suitable for urban -type densities
where all densities of residential development would be appropriate .
The Board of County Commissioners hereby adopts this Statement of Consistency and
the findings expressed herein .
Vote : For, Against
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JaiKezettAedford , Ch ' Date