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ORD-2009-031- Zoning Ord Text Amendment Relating to the Dev Non-residential Land Uses Certain Watershed Overlay Districts
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ORD-2009-031- Zoning Ord Text Amendment Relating to the Dev Non-residential Land Uses Certain Watershed Overlay Districts
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Last modified
5/9/2011 12:32:14 PM
Creation date
11/17/2009 2:33:26 PM
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BOCC
Date
5/18/2009
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
3C
Document Relationships
Agenda - 09-01-2009 - 5a
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 09-01-2009
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During the recent update of the Comprehensive Plan, staff noticed that approximately three <br />quarters of the Cedar Grove Rural Community Activity Node is located within the Upper Eno <br />Critical Watershed Overlay District. As a result, three quarters of the existing Node cannot be <br />developed for non-residential uses based on the existing prohibitions detailed within the <br />Ordinance. <br />There is also a Rural Industrial Node located within the University Lake Protected Watershed <br />Overlay District that is similarly restricted. <br />A Node is a specific geographic area of the County intended to support certain levels of <br />development intensity and/or allow for the development of non-residential land uses to serve the <br />needs of the surrounding local community. <br />Staff believes the County did not intend to restrict non-residential development within the Cedar <br />Grove Rural Community Activity Node and that the prohibition, as outlined within Section 6.23.1 <br />of the Ordinance, was intended to prevent wholesale non-residential development throughout <br />the critical or protected watershed(s). <br />PROPOSAL: Staff is proposing to amend Section 6.23.1 as follows: <br />ISTRICT LAND USE RESTRICTIONS <br />IV-CA No new landfills are permitted <br />IV-PW No commercial or industrial uses are permitted except withi <br />ANE-CA established Nodes as detailed within the Orange Coun <br />-ENO-CA Comprehensive Plan. <br /> No new golf courses are permitted <br />Staff believes that this amendment is consistent with the goals and objectives of the Orange <br />County Comprehensive Plan in that it is encouraging the development of an activity node to <br />avoid requiring residents to commute to local urbanizing areas to satisfy basic needs. <br />FINANCIAL IMPACT: This request has been reviewed by various County departments who <br />have determined the approval of the request will not create the need for additional funding for <br />the provision of County services. <br />NOTIFICATION PROCEDURAL REQUIREMENTS: As detailed within Article Twenty (20) <br />Amendments Section 20.6 of the Ordinance staff is required to cause a: <br />Notice of the public hearing shall be given by publishing said notice at <br />least twice in a newspaper of general circulation in the County, stating the <br />time and place of such hearing and the subsfance_ of the proposed _ . <br />amendment. This notice shall appear in said newspaper for two <br />successive weeks within the krst notice appearing not less fhan ten (70) <br />days. nor more than twenty-five (25) days before the dafe set for the public <br />hearing. <br />Staff has caused an advertisement to appear within the News of Orange and Chapel Hill Herald <br />on May 6, 2009 and May 13, 2009 in accordance with this requirement. <br />
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