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Agenda - 03-06-2025; 5-a - Continuation of Public Hearing – Applications for Zoning Atlas Amendment, Comprehensive Plan Amendments, & UDO Text Amendments to Realize “Fiddlehead Corner”, a Master Plan Development
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Agenda - 03-06-2025; 5-a - Continuation of Public Hearing – Applications for Zoning Atlas Amendment, Comprehensive Plan Amendments, & UDO Text Amendments to Realize “Fiddlehead Corner”, a Master Plan Development
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3/6/2025
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5-a
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5 <br /> the Board to make this consistency finding in regard to the submitted Fiddlehead Corner zoning <br /> application detailed in Section A above. <br /> "The [Orange County 2030 Comprehensive Plan] Future Land Use Map (FLUM) defines the <br /> location of coordinated and appropriate land use classes and is designed to accommodate a <br /> particular combination of land uses that would achieve a desired pattern of development... [t]he <br /> Map also provides the development community and staff with clear guidance to the locations in <br /> the County where re-zonings may be appropriate and where they are not" (2030 <br /> Comprehensive Plan, p. 5-15). <br /> The subject property is currently split between two Future Land Use Classes, Agricultural <br /> Residential (AR) and Rural Neighborhood Activity Node (RNAN). These land use classes <br /> provide guidance on how the property may be used and regulated through zoning. <br /> "Agricultural Residential" is defined in the Comprehensive Plan as, "Land in the rural <br /> areas where the prevailing land use activities are related to the land (agriculture, <br /> forestry) and which is an appropriate location for the continuation of these uses." <br /> "Rural Neighborhood Activity Node" (RNAN) is defined in the Comprehensive Plan as, <br /> "Land focused on designated road intersections within the rural area that is appropriate <br /> for small-scale commercial uses characteristic of "Mom and Pop" convenience stores <br /> and gas stations." <br /> The proposed FLUM amendment expands the RNAN at Morrow Mill Road and NC-54 from its <br /> current +/-18.493 acres to the full 90.133 acres of the property. The expanded area realized <br /> through the proposed amendment is +/-71.64 acres (Attachments B2 and 134). <br /> The applicant also proposes to amend the Comprehensive Plan's Land Use and Zoning Matrix <br /> in Appendix F to allow the MPD-CD zoning district within the RNAN future land use <br /> classification (Attachment B3). The Comprehensive Plan Appendix F. Land Use and Zoning <br /> Matrix links the County UDO's zoning districts to the future land use classifications and <br /> overlays. If a zoning district is not listed as compatible with a land use classification in the <br /> Matrix, it is determined to be inconsistent with the County's adopted Comprehensive Plan. <br /> Analysis <br /> Section 2.3.2(8) of the Orange County Unified Development Ordinance (UDO) states, "For <br /> the purpose of establishing and maintaining sound, stable, and desirable development <br /> within Orange County, the Comprehensive Plan or portion thereof shall not be amended <br /> except as follows: <br /> (1) Because of changed or changing conditions in a particular area or areas of the <br /> County; <br /> (2) To correct an error or omission; or <br /> (3) In response to a change in the policies, objectives, principles or standards governing <br /> the physical development of the County." <br /> The Applicant's request for Comprehensive Plan amendments (FLUM and Appendix F) <br /> discussed herein are based upon "(1)" above and the premise that changes have occurred <br /> and are occurring in the County. The burden of demonstrating that an application complies <br /> with approval criteria belongs with the Applicant and is reflected in their Letter of Request <br />
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