Agenda - 11-06-2014 - 5b - Laserfiche WebLink

Browse Search

I Flood Hazard, and Major Transportation Corridor Overlays). A map showing the proposed zoning is provided in Attachment 1. Public Hearing The proposed zoning atlas amendment was heard at the September 8, 2014 joint public hearing. No members of the public spoke on the proposed amendment. However, the BOCC had primarily two questions: 1. Why is staff recommending application of the 'Agricultural Residential (AR)" zoning district versus the "Rural Residential (R1)" district to some of the properties affected by the Town's ETJ relinquishment? Staff response — Beyond the materials that were included in the joint public hearing packet, staff has included a larger view of the zoning atlas that includes the entire Hillsborough periphery (Attachment 2). Staff posits that the AR zoning district is consistent with the zoning applied in the general amendment area. The northern amendment area is more similar to lands to the west and north which are also AR, Public Interest District (PID), and Watershed Critical Area. For the southern amendment area, although there are some properties on the west side of Dimmocks Mill Road, north of I- 85/40, that are presently zoned R1, the 2030 Comprehensive Plan Future Land Use Map (FLUM) has those properties classified as Agricultural Residential. As defined in the 2030 Comprehensive Plan, Appendix F, the companion zoning district for the Agricultural Residential FLUM classification is AR exclusively and not R1. In other words, to apply R1 zoning, it should be located within an area classified as Agricultural Residential on the FLUM. Therefore, staff cannot recommend that an existing inconsistency in the application of R1 zoning just outside the proposed amendment area be exacerbated by adding additional R1 within the amendment area on the east side of Dimmocks Mill Road. Although the Dimensional and Ratio Standards between the R1 and AR zoning districts are nearly identical, there is one difference in the minimum lot width standard and some differences in the uses permitted within the two districts. As part of Unified Development Ordinance amendments implementing Agricultural Support Enterprises, additional Agricultural Uses were added to the Table of Permitted Uses in May of this year (Attachment 3). The permitted Agricultural Uses and minimum lot width standard (150 -ft) associated with AR are more compatible with the existing land uses and character of the amendment areas than those associated with R1 (130 -ft). Orthophotos of the amendment areas and a table that summarizes existing land uses were provided as part of the materials for Agenda Item 5 -a "2030 Comprehensive Plan Future Land Use Map Amendment." 2. What would happen if a development application was submitted within the amendment area during the time period between the effective date of the Town's ETJ relinquishment (October 1, 2014) and conclusion of the County's amendment process (November 6, 2014) to apply its FLUM classifications and zoning? Staff response - The North Carolina General Statutes (Section 160A- 360(fl )) allow the Town to continue to enforce its regulations for either 60 days or until the County adopts its FLUM and zoning amendments, whichever comes first. Since the Town's relinquishment becomes effective October 1, the Town's planning regulations and powers of enforcement remain in effect until Dec 1 or when the BOCC concludes the County's process on November 6.