HomeMy WebLinkAboutOTHER-2025-016-Statement of Inconsistency of a Proposed Zoning Atlas Map Amendment with the Adopted Orange County 2030 Comprehensive Plan and Other ApplicableAdopted Plans Attachment A8
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STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
AND
OTHER APPLICABLE ADOPTED PLANS
An applicant initiated amendment ( MA23 - 0003 ) 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
■ Agricultural Master Plan
Hands Four Residential (AR) Development —
9739-72 -0339 Bingham Development Haw River Conditional District
( HD4) Unprotected Haw River
Watershed Unprotected
Watershed
The Board of County Commissioners hereby finds :
a . The requirements of Section 2 . 8 Zoning Atlas and Unified Development
Ordinance Amendments and 2 . 9 . 1 Conditional Districts of the UDO have been
reviewed and determined to be unacceptable due to the potential impacts upon
surrounding properties , as required by Sections 2 . 5 of the Orange County UDO ,
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 160D -605 (a ) Governing
Board Statement — Plan Consistency of the North Carolina General Statutes , the
Board finds that the amendment is inconsistent with the " Rural Neighborhood
Activity Node " classification , as defined in the 2030 Comprehensive Plan : Land
focused on designated road intersections within the rural area that is appropriate
for small-scale commercial uses characteristic of "Mom and Pop " convenience
stores and gas stations.
As presented , Fiddlehead Corner 's zoning application is inconsistent with both
Orange County's Unified Development Ordinance ( UDO ) and 2030
Comprehensive Plan , including the Future Land Use Map . The Master Plan
Development — Conditional District zoning application is not supported in the
Comprehensive Plan ' s Appendix F Land Use Matrix , nor in the identified Future
Land Use classifications specified in the zoning district ' s description in Article 3 of
the LIDO . Approval of the zoning application would require amendment of these
texts to bring the application into consistency and conformance with the county ' s
adopted plans and regulations . As such , it is non - conforming and inconsistent with
the county ' s adopted ordinance and plans , respectively, and cannot be approved .
Furthermore , the majority of the proposed development lies outside the " Rural
Neighborhood Activity Node " in an "Agricultural Residential " Future Land Use
Classification . This land use is described in the Comprehensive Plan as where
" [a] gricultural activities and associated residential and commercial uses
predominate " . The proposed development is a 150- unit master plan development
subdivision at a density of approximately 5 dwelling units per acre , and features
multifamily structures and a layout that is more suitable for, as acknowledged in
the applicant' s narrative , an urban environment ; it does not fit in an Agricultural
Residential area .
As such , the following principles , goals , and objectives of the 2030 Comprehensive
Plan are inconsistent with the Fiddlehead Corner Master Plan Development —
Conditional District proposal :
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 .
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 .
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 .
Housing Objective H -1 . 5
Ensure that a variety of housing types can be developed throughout the County in
a sustainable manner that locates housing near employment centers and
commercial centers and that efficiently uses existing and planned public services.
Land Use Element 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.
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.
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 .
Land Use Objective LU =3 . 1
Discourage urban sprawl, encourage a separation of urban and rural land uses,
and direct new development into areas where necessary community facilities and
services exist through periodic updates to the Land Use Plan .
Land Use Objective LU -3 . 2
Coordinate land use patterns to facilitate the expanded use of non-auto modes of
travel, the increased occupancy of automobiles, and the development and use of
an energy-efficient transportation system .
Land Use Objective LU -3A
Recognize the right to farm and discourage the location of new non-farm
development, particularly more intensive residential development, within farming
areas to minimize the incidence of complaints and nuisance suits against farm
operations.
Natural and Cultural Resources Overarching Goal
A sustainable balance and appreciation of natural, cultural and agricultural
resources.
Natural and Cultural Resources Obiective NAM13
Promote clustering of residential development and dedication of large areas of
undisturbed land for low-impact recreational use by residents and for wildlife
habitat. Where feasible, these areas should be contiguous to neighboring tracts of
undisturbed land.
Natural and Cultural Resources Obiective NA -17
Maintain and protect land that contains valuable productive resources, such as
prime farmland and prime forestland, by directing incompatible development away
from these areas.
Transportation Goal 3
Integrated land use planning and transportation planning that serves existing
development, supports future development, and is consistent with the County's
land use plans which include provisions for preserving the natural environment and
community character.
The Board of County Commissioners adopts this Statement of Inconsistency and the
findings expressed herein .
Vote : Lo For , Against
J meze a Bedford , aair Date