ORD-2009-31a-Zoning Ordinance Text Amendment Relating to the Amount of Development of Non-Residential Land Uses Within Certain Watershed Overlay Districts

Browse Search

9- ~- ~~o y ~~ ~" ~ ,,00>-o~~d ~~ d. Addition of Subdivision Roads in Churton Grove Phase 3 to the NCDOT MaintaU~rfed q~,~,~ Road Svstem The Board forwarded the Petition for Addition to the State Maintained system for subdivision rods in Churton Grove Phase 3 to the NCDOT and recommended the Board of Transportation accept those roads for maintenance as State secondary roads. e. Resolution Naming Area in New Main Library for Rebecca B. Wall The Board adopted the resolution, which is incorporated by reference, to officially name the local history area of the new Main Library on West Margaret Lane for Rebecca B. Wall consistent with the naming policy. VOTE ON CONSENT AGENDA: UNANIMOUS 5. Public Hearings a. Zoning Ordinance Text Amendment Relating to the Amount of Develoament of Non-residential Land Uses within Certain Watershed Overlav Districts The Board received the Planning Board and staff recommendation(s) and considered taking action on astaff-initiated Zoning Ordinance Text Amendment to Section 6.23.1 of the Zoning Ordinance seeking to allow the development of non-residential land uses within certain critical and protected watershed overlay districts in instances where such areas are located within previously identified Rural Community Activity Nodes. Planner Michael Harvey reviewed this item. He made reference to Attachment 2, which, was the Ordinance Amending the Orange County Zoning Ordinance.. He said that the Cedar Grove Rural Community Activity Node has approximately 295 acres, with 60% of it encumbered by the existing Upper Eno Critical Watershed Overlay District. Section 6.31 of the zoning ordinance specifically stipulates that you cannot have any commercial or industrial development within the critical watershed overlay district and 60% of this node is unusable for that purpose. During the May Quarterly Public Hearing, the staff indicated that it was not the County's intention to stipulate that 60% of this node could not be developed for non-residential purposes. Staff proposed an amendment that stipulates that the prohibition would remain in place, but that language would be added to the section stipulating that commercial development could occur within established node boundaries consistent with policies and guidelines of the Orange County Zoning Ordinance. If this ordinance is passed, the critical watershed overlay district would still exist on the zoning map and additional non-residential development would be allowed, consistent with the Orange County Zoning Ordinance, which would include a maximum of ten acres of Local Commercial I and a maximum of ten acres of Neighborhood Commercial II, for a total of 20 acres, representing approximately 5% of the total 500 acres within the existing node boundary. He said that any development within this area would be limited to a 6% impervious surface limitation. He said that the Planning Board reviewed this item at its July 1, 2009 meeting and voted 6 to 1 that: Section 6.23.1 be amended to only allow the properties at the intersection of Carr Store and Efland-Cedar Grove Road within the Cedar Grove Rural Community Activity Node to develop non-residential land uses consistent with the provisions of the Ordinance, and that the County Board of Commissioners authorize the development of a Small Area Plan for the Cedar Grove Rural Community Activity Node and that upon completion of that study, the entire Node be allowed to support non-residential development consistent with the provisions of the Ordinance. He said that the staff does not believe that the proposed amendments as offered by the Planning Board can be enforced. There is an area of the node that the Planning Board wants