HomeMy WebLinkAboutOTHER-2025-097-Statement of Inconsistency of a Proposed Zoning Atlas Amendment with the Adopted Orange County 2030 Comprehensive Plan Attachment 8
STATEMENT OF INCONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant- initiated amendment to the Zoning Atlas ( MA25 - 0003 ) has been reviewed to
rezone a parcel as follows :
Parcel Owner of
Identification Township Current Zoning Proposed Zoning
Number ( PIN) Record
Jenny
Powell and AR (Agricultural R-CD ( Residential
9865 -87 - 8090 Hillsborough Amy L Residential ) Conditional District)
Powell , et
al .
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 the
following conditions are not reasonable amendments to the adopted Zoning Atlas due
to potential impacts upon the quality of life and incompatibility of land uses to surrounding
properties :
1 . The subject property shall be developed generally in accordance with the
proposed site plan submitted as a part of this application (" Site Plan " ) .
2 . The minimum lot size is 20 , 000 square feet .
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 inconsistent with the
adopted 2030 Comprehensive Plan .
The applicant has applied for a Residential — Conditional zoning amendment that
proposes a 49dot Conservation Cluster subdivision at a location that is identified in the
Orange County 2030 Comprehensive Plan as having two future land use classifications :
Agricultural Residential and Rural Industrial Activity Node ( RIAN ) . While the R- CD zoning
district is recommended for use in both of these Future Land Use Classes in Appendix F
of the Comprehensive Plan , the proposed design and site plan are inconsistent with the
descriptions of these future land use classes . "Agricultural Residential " areas are
described as " land in the rural areas where the prevailing land use activities are related to
the land (agriculture, forestry) and which is an appropriate location for the continuation of
these uses, " and the RIAN is described as " land . . . that is focused on designated road
intersections which serves as a nodal crossroads for the surrounding rural community and
is an appropriate location for small-scale industrial uses which do not require urban type
services . "
At a density of 1 dwelling unit per 0 . 61 acres in the developed area , the design is denser
that what is otherwise provided for in the Agricultural Residential zoning district , which
requires single -family lots to be a minimum of 0 . 92 acres in area . With a minimum lot size
of 20 , 000 square feet ( 0 . 46 acres) , the lots and density of this Conservation Cluster
community will disrupt the rural character of the area and will be noticeably distinct and
different from the surrounding residential uses in the county . Conversely , the lots will be
larger and less dense than those served by Town of Hillsborough utilities , south of the
subject property . While this could be characterized as a transition between the two types
of residential use , it more accurately is an example of suburban sprawl , and in direct
conflict with Planning Principles 2 , 5 , and 8 , as well as Land Use Goal 2 .
The RIAN does not preclude residential uses — they are , in fact , recommended zoning
districts for this future land use class in the 2030 Comprehensive Plan — but such uses
need to be compatible with the other uses more explicitly supported by the RIAN
description : small -scale industrial uses which do not require urban type services .
Placement of these homes will create a future conflict when the RIAN is developed for the
priority uses , as recommended by the county ' s adopted plan .
c . As such , the application is inconsistent with the following principles , goals , and objectives
of the 2030 Comprehensive Plan :
■ Planning Principle 1 . Efficient and Fiscally Responsible Provision of Public Facilities
and Services: Orange County's public facilities and services should be delivered in
a manner that efficiently uses existing capacity. Expansions of facilities and
services should be made only after careful consideration of the costs and benefits
of expansion .
■ 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 3A . Encouragement of Energy Efficiency , Lower Energy
Consumption , and the Use of Non - Polluting Renewable Energy Resource :
Decreasing the use of non-renewable resources and lowering energy consumption
are encouraged in both public and private activities. The county's transportation
system should be enhanced to promote more energy efficient modes of travel and
improve air quality.
■ 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.
■ 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.
■ Land Use Goal 1 : Fiscally and environmentally responsible, sustainable growth,
consistent with the provision of adequate services and facilities and a high quality
of life .
■ 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 Goal 6 : A land use planning process that is transparent, fair, open,
efficient, and responsive .
■ Appendix F , Land Use Classification Description for Rural Community Activity
Node : Land focused on designated road intersections which serves as a nodal
crossroads for the surrounding rural community and is an appropriate location for
any of the following uses: church, fire station, small post office, school, or other
similar institutional uses and one or more commercial uses.
The Board of County Commissioners adopts this Statement of Inconsistency and the findings
expressed herein .
Vote : 6 For, 1 ( Fowler) Against
Jam etta Bedford , Cha ' Date
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