Agenda - 04-07-2015 - 6g - Laserfiche WebLink

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K In 2007 the County adopted the Efland- Cheeks Highway 70 Corridor Overlay District (ECOD), the purpose of which was to allow for additional non - residential development within a pre- defined area along US Highway 70. This district contained a pre- designated commercial area where residential properties were allowed to develop non - residential land uses consistent with the permitted and special uses outlined for the Neighborhood Commercial (NC -2) general use zoning district. This overlay district was an attempt to implement various recommendations and policy initiatives adopted as part of the County's Efland- Mebane Small Area Plan. In early February 2015, the Orange County Planning and Inspections Department received a non - residential site plan application for the parcel located at the corner of US Highway 70 and Frazier Road and currently zoned as Rural Residential (R -1) and is within the ECOD. Due to the parcel's location within the Efland- Cheeks Highway 70 Corridor Overlay District and based on standards contained in the Orange County Unified Development Ordinance (UDO), the proposed non - residential use would be classified as a "permitted use" and would be required to follow Section 2.5, Site Plan Review. However, recently concerns were presented to Planning Staff by the Orange County Attorney's office identifying existing language contained in Section 4.4.4(A) of the UDO as questionable with State Statute. Specifically, the County Attorney's office does not agree that an overlay district can establish allowable uses for a parcel. As a result, the County Attorney's office determined that the parcel would need to be rezoned to NC -2 to accommodate the non - residential development proposal for this parcel. Due to the recent concerns identified by the County Attorney with existing language contained in the UDO, Planning Staff has initiated this rezoning request on behalf of the property owner. The proposed atlas amendment seeks to address the issue by rezoning the property. It should be noted that the property owner is not being asked to shoulder any financial responsibility for the amendment. In addition, the Planning Department will be pursuing a text amendment to the UDO for the September Quarterly Public Hearing to address issues with existing language contained in Section 4.4.4, Efland- Cheeks Highway 70 Corridor in order to address the concerns of the County Attorney's office and to avoid future obstacles for Orange County residents. 1. Analysis As required under Sections 2.3.9 and 2.8.5 of the Orange County Unified Development Ordinance, the Planning Director is required to `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. Will be available with public hearing materials. 2