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Agenda - 02-10-2009 - 3
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 10, 2009 Agenda Item No. SUBJECT: Comprehensive Plan Implementation Planning - BOCC 2009/2010 Priority DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) 0 ATTACHMENT(S): 1) 2030 Comprehensive Plan Implementation Excerpts 2) Planning Director's Memo, 2/3/09 3) Planning Director's Memo, 11/24/08 4) County Attorney's Memo, 1/29/09 INFORMATION CONTACT: Craig Benedict, Planning Director, 245-2575 Tom Altieri, Comprehensive Planning Supervisor, 245-2579 Michael Harvey, Zoning Administrator, 245-2607 PURPOSE: To present ideas on the BOCC Fiscal Year 2009/2010 Priorities that are related to Comprehensive Plan implementation and receive Board direction. BACKGROUND: Comprehensive Plan Adoption -The Orange County 2030 Comprehensive Plan was adopted November 18, 2008 with specific revisions, which have been incorporated by Clarion Associates (Staff to distribute copies of the Plan to the BOCC at the work session). Attachment 1, "2030 Comprehensive Plan Implementation Excerpts", has been provided for additional context. BOCC Priorities - On January 29, 2009, the BOCC discussed its priorities for FY 2009/2010. Priorities P-2a and 2b are accordingly related to Plan implementation: Priority P-2a - "Implement Comprehensive Plan -Small Area Plans Implementation and Process for Implementation of Plan Objectives by Annual Work Plan"; and Priority P-2b - "Implement Comprehensive Plan - Re-write Zoning and Subdivision Regulations [Unified Development Ordinance (UDO)]". Following .are Planning Staff's ideas on the implementation of these priorities, provided in three parts. PLANNING STAFF'S IMPLEMENTATION IDEAS: Introduction -Although the County has prepared a good Plan, for it to serve the community well there must be ongoing commitment and progress towards implementation. The 2030 Comprehensive Plan is along-range/general plan, including far reaching goals and objectives that will require implementation over the course of several years. Implementation should include carrying out "existing ideas", in some cases very specific recommendations, that are contained in BOCC adopted small area plans and special studies and the generation of "new ideas" (i.e. tools, techniques, programs, standards, indicators, etc.) through a well thought out and inclusive process. 2 Existing Ideas Part 1, Land Use Plan Amendments - Prepare a descriptive summary of Land Use Plan amendments (map and text) that have been recommended in adopted small area plans and a public hearing implementation schedule for BOCC consideration. The County has completed small area plans for the following areas: Efland/Mebane, Eno EDD, and NC 57/Speedway. In addition, Land Use Plan amendments will be forthcoming as part of the Hillsborough/Orange County Strategic Growth Plan and will be included in staffs proposed schedule. Part 2. Unified Development Ordinance (UDO) - Develop a proposal to complete a UDO for BOCC consideration within the FY 2009/2010 budget. Said proposal would include recommendations on: a) Purpose and Scope; b) Process and Timetable; c) Ordinance Review; d) Staff/Consultant Partnership; and e) Fiscal Impacts. Staff suggests a UDO be prepared to reformat and compile existing land use ordinances, eliminate inconsistencies among existing ordinances, and update ordinance language consistent with current NC General Statutes (See Attachment 2, "Planning Director's Memo, 3/3/09"). The UDO could also be prepared to incorporate a variety of BOCC existing ideas/initiatives such as standards for sustainable landscaping, drive-thrus, traffic thresholds for rural subdivisions, and/or other ongoing planning projects (See Attachment 3, "Planning Director's Memo, 11/24/08", for descriptions of ongoing planning projects, and Attachment 4, County Attorney Memo, 1/29/09 ). A UDO could provide the County with a solid foundation and manageable starting point to begin the ongoing implementation of the 2030 Comprehensive Plan that will include review, evaluation, and the evolution of new ideas into ordinance and/or practice (Staff will distribute an example UDO outline at the meeting). New Ideas Part 3, A Process for Annual Comprehensive Plan Review and Work Plan Authorization - Develop guidelines for staff and advisory boards to review the goals and objectives of the Comprehensive Plan and generate implementation ideas/strategies for BOCC consideration on an annual basis. Staff recommends guidelines be developed to ensure ongoing commitment to Plan implementation and to maintain consistency in the collection and reporting of proposed implementation ideas/strategies to the BOCC. The identification of lead and contributing departments and advisory boards, coordination, community outreach, staff resources, and anticipated fiscal impacts are some of the items that should be thought about and identified to the extent possible as implementation ideas/strategies are reported to the BOCC. It is recommended that the Board authorize Planning Staff to develop guidelines for an annual Comprehensive Plan review and work plan authorization process and report back to the BOCC. Input on guidelines would be requested from the Managers Office and the Departments of Economic Development; Environment and Resource Conservation; Housing and Community Development; and Parks and Recreation. 3 FINANCIAL IMPACT: There is no direct fiscal impact associated with this item. However, the chosen implementation methods and timelines will include a combination of personnel, operating costs, and possibly consultants that would need to be included in the FY 2009-10 budget. RECOMMENDATION(S): The Manager recommends the Board authorize Planning Staff to proceed with items 1-3 as proposed herein and/or provide Board direction as appropriate. Items 1 and 2 could be returned to the BOCC next month and Item 3 following in May. Attachment 1 2030 COMPREHENSIVE PLAN IMPLEMENTATION EXCERPTS Following are excerpts from the adopted Comprehensive Plan that offer guidance in the area of Plan implementation: Section 1.4.3 -Advisory boards and staff should review Comprehensive Plan goals and objectives on a regular basis and develop specific ideas on implementation strategies for presentation to the Board of County Commissioners. Setting priorities will be guided by the feasibility of accomplishing the strategies within a given year. Implementation strategies that are presented to the Board of County Commissioners should identify the following: ^ The corresponding Comprehensive Plan goal(s) and objective(s); ^ Estimation of fiscal impacts and staff resources required to implement the strategy; ^ Identification of responsible department and advisory board(s) and any contributing department(s) and advisory board(s) that will be engaged in strategy implementation; and ^ A timeline for implementation of the strategy. The Board of County Commissioners will consider implementation strategies submitted by advisory boards, review the recommended timing considerations assigned to individual objectives in the Comprehensive Plan, consider fiscal constraints and opportunities, and provide guidance to the County Manager on priorities for implementation. Section 1.4.5 -The Board of County Commissioners will, as needed and appropriate, prepare a work plan for Comprehensive Plan implementation strategies that identifies strategies to be initiated in a given year, the human and financial resources allocated to implementation of the strategies, and the parties responsible for implementing the strategy. Section 1.5.2 - A set of evaluation criteria, including a set of sustainability and community building indicators, or metrics, together with specific action statements will be developed for each Plan Element by each Element Advisory Board with assistance of County staff within the first year after plan adoption. The evaluation criteria may include short-term (1-2 years), medium-term (3-5 years), and long-term (more than 5 years) measurements. Combined, these evaluation criteria will be used to inform periodic updates of the Plan. The evaluation criteria will serve as a "Report Card" and will describe how and where the County is making progress on implementation of the plan and where additional attention may be needed. OR~NCE COUNTY PLA~IIIVING 1111SPECTI01-!FS ~EPARTI~IIENT Craig iW. Benedict, AIGP, Diirector 8~`ags ` ~o18r . AdmEnistration ~ 306#= Re~er+e Road ~919~ 245 2575 ,~ ~ ~ s~ A O Box 8181 (999 54~-3002 4FAxy ~ H[Ilshorougli, fv1C 2727'8 WWy~.CO.orat7g@.rIC.LtS r°rrb p;ata~'°e ~EI4~OI~LIV[?U~ 70: Willie Best, Assistant County Manager FRCNI: Craig N. Beneei[ct, Planning & Inspections pirec:tor DATE: February 3, 2l7(?9 SUBJECT: [=ebruary 3, 2009 BQCC Agenda Item 4~ - D~ayof Conditional Usa Public Hearing I#em COPIES: Laura Blacicrnon, County 11+ian2~ger Board of County Commissioners Geoffrey Gledh[II, County Attorney ___ _ _ _ Bran Ferrel[, Assistant County Attorney The attorneys have suggested decaying the creatiorx of new zoning mechanisms entitled Conditianai~ Use District and Conditional Zoning until the reorganization of present land development ordinances into a `Unified Development Ordinance' (Ui3t3). TF~iS IJDO fiorrnat which would collapse subdivision, zaningr floodplainf stormwater, economic development manuals, etc. into a single source sand develo~nent cede booklet is not a new idea and is a reasonable direction. However, haw ~ accomplish tfiis goal was explained briefly at the goat priority setting session last TF~ursday, January 29. There are a variety of optEans xhat include varying degrees of time, money, consultants, staff time and ma,~ar vs. minor rewriting. Over tl7e next month, Planning StafF wilt elaborate vr~ tl~e various options with the direction of #tie Manager's Office for i'kscal constraints and prioritization. Underskanding the i'<scal situation at this time, staff will probably be tending towards creating a new Lii~ framework (ar~ganizairion, s~uenting and format numbering scheme, etc.) in house and find~g an external entity to repackage the freestanding ordinances into this new framework. Keep in mind, this repackaging does not correct defiaeneies in present ordinances, nor create new zoning mechanisms as was suggested with conditional zoning and use. At a rrtinirt~um, ttre r~epackaging~~woulcf collapse a series of redundant and sometimes conflicting definitions into one section and create ari orgdrtized outline in which to make future and specialized amendments. Page 1 of 2 In surnrrtiary, the creation of a UQO was anticipated and suggested at the conc~usior~ a# the Comprehensive Plan update, sa new impiementlrrg regulations could be interwoven into an all-encompassing land development code ft-amew4rk. This remains a gaa! of tE~e BOCC and objective of staff irr tfie corning month an how do acoamplish this task. Althqugh conditional zor#ing and use have beers discussed for over two years and are the Suggested mechar~is~s to Imptement some small dt~ea plan #deas, reworking the orgar}ization of existing cedes Into a !#DU prior ~ this new corx~it~nal use mechar~isrn would still be a value to tt~e comprehensive ~r~derstanding of how the ordinances are connected and sustainable. Page2of2 ~ `~~~ ~RANG~ CGUNTY PLANNING & iN51~~CTlC3N~ DEPAft~'11i~ENT Craig N. Benedcc#, AICP, Direcfior TfJ; Board o'€ County Cornmissieners orange County Planning Board t"R~IIl1: Craig Benedict, AICP ~ Plarar~ing THROUGH: Laura Blackmon, County IU~anac tIATE: l~iaverntaer 24, 2fl08 StlIi3JECT: Written Updai[es an Planning Related Items As Phase ll of the Comprehensive Plan Update has been adopted, staff has begun to shift fecal to several on-going planning projects in an effort to bring tnet~ before the BOCC for review anei action. Tkiese }projects inciude the following: 1. Conditional Use Distric# 2. A~ricottural Support erprises 3. Upper lrnc Conservation District -Land use 4. Clarification at Zoning Ordinance Notification Requirements for Comprehensive Plan Amensirnents ~. "Grange Turning Green" (BuildingfDevelcpment} B. Sustainable Landscaping 7. Strategic Growth and Rural Conservation ~SGRC) 8. Assessment of Regulatory Issues: drive-thrus, rural traffic iinp~c#s, rural fighting impacts 9. ~ Small Area Plan-related Amendments 10. Special Use Perrni# construe#i~t~ commencement tamefra~rEe Written updates on these projects are included as aitachrnents. The fallowing `i'al~le shows 20138 Quarteriy Pui~lic Hearings and when each project is expecfieci to }~e heard: ~4ao9t ~ ¢4a-0m Adm~ntra#ian 4~~• ~ ~ ~ 3t}6F Revore Road (9"i9) ~~5-275 ~ ~ . " P O Bax 818'1 {919j fi44-3002 (trAx) ~ HEpsborough, www.co.orange.nc,us 2:6 r..t*~'~ North CarolFna, 27278 2U09 Quarterly P~f''llic Heariings ----- T -- - -- i=ebrua~r'09 Nlay `09 Angus#'os or Novarttber `q9 ___ __ _ r ConditEartal i~se District Upper ono Corlservatian : i_ighfing Standards District - ian~! use Agricultural Support Small Area-plafl related Traffic Impacts iwnterprises ; Notification --- Requirements amertr~rnents Special lase Permit - • w-~- canstractiar~ carrtmencement ~-~~~~~~~ timefrar~e i SustainaE~ie ...M.~ • LanctSCapulg Drive-thru Regulations __ ` `Orange Turning Green" ~Buildi~~glDevelr~pment} .'_ Strategic Grav~rth and Rural ~ ~M ------ ~~~-_._.~~ ' _~ ~ Car~servatian ~SGRC~ E ~ldte: This is not an exhaustible list of ail projects for each Quarterly F'~biio E-raring, but rather a chart sE~owing where each project far which a wri#ten update has been prepared is sci~edul~l to be placed. For example, the Planning Department was recently d~ected to prepare airport regulations which will be complete in the frst part of 2009, but are not part of #>,ts written update. `horn Al#ieri, Comprehensive Planning Supervisor, ar~d Perdita Holtz, Planning Systems Coordinator, will rrionitar these pl2~nning proposals to ensure consistency with ifie Comprehensive ['Ian and consistency with #:he public involverr~nt process. Plannir~s staff will continue to walk an tttiese r~ems ti~vith other appropria#e departments, as noted in eacl•~ of the written updates. . Cc: Vtif illie hest, Assista~~t County hrtanager Genf Gledhill, County Attorney -Brian Ferrell, County Atbor~tey's ai~ce 1 ~t~A.~NING PR~JE~T PR~I~aSAL #`'~ ~- ~lovet~belr ~0$ Lead Department: Pianeling & Inspections Primary Contact(s): Michael Harvey ~24b~~SQ7) Department interaction: Administration and County Attorney Subject: Update ot1 Conditional Zoning tlEStrict (~GZE}} BACFCG RQiJ I~iE7: Staf~€ has been working on a vomprel~ensive refining of various permitting approval processes, including the deveivpmenf of a Cor~ditianal Zoning District review artd approve! process. Staff bad origir~aHy intended to bring this item to the l*ebruary 211138 Quarterly Public Hearing but work t~ras suspended when it was determined that the proposal would involve major revisions to 'the Gaunty's existing Planned Develeprnent standards contained witE~in Article Seven ~7~ of the Zoning ordinance. ISSUE: As the Beard may be aware from previous correspondence, North Carolina land use law currently permits the uss of twQ (2) types of zoning districts that allow a governing body to apply si#e~specitic development standards for a proposed project, specifically: Conditional F3se Districts SCUD), which i$ currently re~leel.ed within our present Pianned Develnpment (PD) regulations ct+ntainerl within Article Seven ~7) of the Zoning Undinance, and 2. Conditional Zoning Districts (CZD). l~s we currently have the substantial equivalent of a CiJD process, staff would like to provide an explanation of the components of the CZD zoning construct. Conditional Zanirfg Districts IiCZD~: The CZI:] process allows for the establishrrtent of certain uses, which, because of their nature or sca~fa, have particul2~r impacts on bath the immediate area, and tk~e community as a whole. Through this pmcess a landowner presents asite-specific development plan to the County far review and requests that a specific parcel of property be rezoned to allow for the development of the proposed use. CZI~ Invaives the crea#lan of 'Tioating' zoning districts tha#. can be applied in specific designated 'overlay' areas Qf the County based on findings referenced within approved planning studies, Small Area Pions, or the Grange County Carr~prebensive Plan. T]~e major difference between the Gir1D and the CZt] process is that the CZD process does not rettuire the issuance of a permit by the governing body, as is normally required under the PDISUP process. The implementation of ~c CZD process provides an l~ appar#uniiy far the County to consider providing a single-step legislative rezoning process wt~n as'applicant requosts a rezoning of a particular parcel for a particular use in a `floating' overlay area. Pfanr3ed DevefoPmentlCondition~l Use Distracts [CUDj: As previously indicated the County currently employees a variation of tfie CEJD permitting process within the Planned Devdapment [PD} process corttainer~ within Article Seven [7} of the Zaning Ordinance. Through this process a property owner requests the development of a specific use, currently .listed as a permitted or special use of property within the Table of Permitted lJses of the Zoning Ordinance, an a specific parcel of property. 'his process rec}uires a two (2} step approval process, sQecificaily: a legislative rezoning approval and a ctuasi-~UCficia! permit approval. PROPi~SAL. --New Zoning Construct Organization: StafF is currently working an the following: 1. Tl~e revision of Article Seven {7} Planned Development I]isfiricts to revise existing regulatory standards in art effort to bring #hem more in line with State regairernents. This Article is currently praposecf to be renamed `Article Seven-A (7-A} Conditional Else l']istricts'. 2. The creation of a new Article, Seven-B {7-B}, establishing tl~e CZD procless as oUtllned herein- P~tC}C>E~SSlTIiUIELI N E: Staff intends to have the proposed amendments for forrrtal review afi the Pebn.fary 2009 Quarterly Public Hearing. Staff intends fa begin working with the Planning Board's Urdinartce Review Committee (P8ORC) ant! to solicit courtesy review corr~ments from other County departments, ind~ading the Attoenoy's ofFire, on the amendment packago. PLA~ININ~ PROJECT' PR~P~SAL #2 ~- Navelr~belr 2~~~ Lead Department: ~'Ianning & Inspectlarts Primary Gontact(s}: IIIlicha~:k Harvey X245-2607); Sha~rEan Berry ~24~-25i3g} Department Interaction: Gounty Attarnsy: Environment & Resn~rce Canservatian ~EFtCI~~; Econar~ic Development Commission ~EDG); Cooperative Extension Service; Drangv County Soil and 1Nater Subject: Agr€culturat Support E~tterprtses BAGKGiROtlhtD: A# the allay 2007 Joint BC}CC/1'ianning Board Quarterly Public Hearing, artd at the June 12, 2007 regular BUCC meeting, staff presented the Board{s} with an update on the ASE program. At the Jane 12, 2gQ7 meeting, staff received authorizatrort from the 130CC trr commence the foliowing: 1) El'raft various amendments to the k_and Use Element to establish support andlar consistency far tha program within tha Comprehensive plan; 2j Draft amendments to the Zoning Crdar~ance to: a. Establish a list of permitted usos for the pragrarn including apprflpriate application and review processes, b. Establish implementation guidelines, c. Estat~lish clear performance standards, and d_ - Develop t#~e conditional district zoning review process, #ot review and earnmer~t by the BQCG and l'lanrting Board, 3~ Create the ASE Manual for review and comment by Q4CG, Planning Board, and other County advisory bodies. Since the ,dune 42.2007 meeting s#aif has completed the following: 1} Membors of Economic Development, Planttiing, anal EF~CD meat with the County Attorrtay to rer+iew proposed performance standards for the ASE program and t4 develop the conditional district rezoning process. 2j Staff presented art overview of the ASE prngrarrt caricept to a joint meeting of the AgriculturaE Preservation 13oarr~ and the Soil and Water District Commission Board. The consensus atYtong Board members was that this program was are important first step ire allowing for a taroader spectrum of land uses that ~~ farmers could utilize to supp©rt, augment, and sustain heir existing agricultural activities. 3~ Staff distributers draft copies of the ASE User Manual to various county staff members, including Dr. 1=!etcher Barber of Cooperative ~ Extension and representatives of h[RGSIOrange County Soii and Water District, for review and comment. Responses to the E~raft Manual were kncarporated into a revised document. 4) In September of 2047, staff rrtet with representatives of the Towns of Ck~apel Hill ar-cl Carrbaro Planning Repartments to review the averaik goals and intent of the ASS program. l~verakk, our pkanning partners expressed. support for the purpose and intent of the project. They dicl, hgwever, express modest reseruations over the possibility ~ of allowing for commercial development within the Rura! Gaffer FRB). As the program has been deveiapecf, commercial development on a farm located within the RB zoning district is not being proposed. s} Throughout the months of Qctober 20{}7 through Febnaary 2048 staff had been working an various honing Qrdinance amendments to complete the krrEpiementation portion of the ASE program. The finale ordinance amendment package is now being completed far distribu#ion to the: a. BCGC, b. Manager's of#ioe, c. Attorney's office. d. Planning E~oarrl, e. Cooperative Extension, f. Orange County Soil and Water, g. Towns of Chapel i-lili and Carrboro, and h. Town of Hillsborough courtesy review} for frna! review and tv solicit additional comments. let sh©u!d be noted that formal' presentation on the proposed irnpiementation methodoir~c~y for the ASE program was put an hold due to the submission of the Buckharn Village Planned €~evelo}~n~ent project. The proposed irriplemerttatiar~ strategies sour~i~t to comprehensively revise the existing Planned QavelQpment process, which could not be completed while a project was being reviewed under the current Ur~linance requirements. ISSUE: This program was initially amulti-department effort legit by ECC and ERCi), with input from the Gcunty Attorney's Office and Planning. There have been some continuity ~~ aberrations in the rac~ent past that have new been worked through by Planning taking the lead at this stage. CLiRFtEI~T ANh FUTElRE AC~E~N: As staff teas previously irEformed the Board, there are six {6} typical steps involved with imiafementing planning changes, which arch as follows: 7) Muiid-departmental ASE workgro~ap (with updates to the P$QRG and invitations to athcr depart+r~nts and{or advisory boards} S#a~F Commer~f: T11e wofk group has nearly completed 2+i1 work associated ~~ith the development of tl~e ASE manual and development standards for review by the UoCG at the February ~QQ9 Quarterly Puk~iic l-!caring. 2} f~and lase Plan Text ~pending} 3) Lana Usa~ Plan Map Stag Comment: Staff has determined that there wilt not lie a need far map amenclmerits to su}~port the ASE program. 4} Zoning Text Sfaff Comrnen#: Staff is 9n the process of fnalizing several amendments to the Zoning ordinance to implement the ASP pragrarn. These amendments are anticliaated for presentation to the BpGG at the Fe1~rUary 2p~9 Quarterly Public Hearing. ~) honing Atlaslilllap ~pendirEg) f~ I~ei:itlonerApplicatian Staff Carnrnsrrt Staff has finalized a petitioner application aid will present i# as part of our presen#aiian of the ASE pragrarr~ at the February 24g9 quarterly Public Hearing. ' f~ PLANNING PROJECT PF~OPOAL #3 -- November 2~~8 Lead Department: Planning ~ lnspecflons Primary Contacts}: Craig Benedict (2~5-2592) Departmental Interaction: Environmerti & Resource Conservation Department (ERGO} and County Attorney Subject: Upper Erto Cohservatsion Area BacEcgrot~nd The 2088 G+~rnprehensivo Plan Update, as wall as the Eflar-d-Mebane SmaA Area Plart (SAP}, k~as identified the need tc~ exami~~e present watershed classit'ECations, future reservoir sites (if any), and presen+ation a# critical mass envirorirnental areas. This latter subject is further developed in cpnrept by the Lands Legacy Action Plan. issue A '1987 engineering study not+~d the potential of a Seven Mile Creek Reservoir located southeast of Eflar~d and southwest a~ the Town ~of Hillsborough. This was the basis of critical area watershed zoning overlay boundaries adopted in 1994. This designation of zoning overlay ~Upp$r Eno Criticai~ la~vars impervious percentage, restricts certain land uses, anti lowers density ~1 dwelling unit per 2 acres}. These regulatory programs help maintain water quality that flaws into the nearby Eno River Town of Hillst3oraugl~ public wa#er supply iptake at Lake Ben ,lahrisan. Orange Gaunty has purchased environmental lands in the Seven Mile Creek area. Pr4pvsal Qepending sort tine Board of County Cornrnissioner policy malting, the value of holding a. rxitical area designation over the sturdy area of Seven Miie Creels Reservoir area may be Leaning. This is due to supplementary countyv~r~fe water resource planning and sustainabllity efforts. However, retaining a new `consetvatiori area' in a more defined area to protect eni~irar~merrtal resources in this bat#orniand area maybe prudent. Aland use map arraendment with a cvncur~'ertt zoning overlay arnendrrEent would be suggested. . ProCesslTirr~eframe The Planning Department cvuid work v~rith ERCI3, the County Attorney's office, and a small ~+vartcgroup of the Planning Board and Comrrtission for the ~nvironrr~ent (Cfl~) members. This group could develop the proposal and bring recorrtrrienclations to the public in the spring of 209, #ollawed by a }~ul,iic hearing in May 2Q99. f~ ~~ ~~ANNING ~R~J~~T PR~DP~SAL #4 ^ November 2Q48 t.ead Department: Planning $~ 1r~specEions Primary G~ontact~s~: Shannon Berry (24a-2a81~); Perclita Boltz ~~45-2Bt 1) i~epar€ment Interaction: Administration arad County Rttorney Subject: Ratification Requirements for Ca~mprehensive Plan Amertidments BACK~R~IfNI] The processes and requirements far amending the Compreheosive Pian are outlined in the aclvpted Zoning Ordinance. ~Nhile tf~e procedures have been in place far a significant petlod of time, there are ~a number of ambiguities ~n the lar~gu2~ge, teaving the processes open far interpretation. His#oricaliy, there have bey only limited arnendmer~ts to the previausiy adapted plan. These arnendment~s were processed as they had always seen done, interpreting the procedures outlined in the Zoning t~n:%inance. Failowing the adoption of Fhasa If of the Comprehensive Plan update, tha - implementatEOn phase will begin. This may include amendrnerFts to the Future Land lJse ~ia~ and other text components of the Comprehensive Plan. UVith these upcoming amendments to the Comprehensive Pian, it has rrow E~ecorne a mars pressing matter. to clearly define the procedures for these amendments, ensuring public participation throughout the processes and eliminating any potential for challenges due to varied interpretatier~s of the current ordinance. ISSUE ~'he proposed amendments to the Zoning Or~iinahve will clarify thc~ procedures for Gvrnprehensive Plan ameredrr~ents. The proposed revisiar~s wiil sped#icaliy outlina the processes for Comprehensive Pian amer,tirnents, ensurlr~g compliance with a!1 statutory ret~uirernents, maintaining transparency, and promo#ing public participation throughout. FU~U R.E ACTEOI~ Staff has developed revised language for the Zoning ardinartce, clearly articulating the processes far amending fhe Orange Gounty Comprehensive Plan ~Nhich differs from coning map ~:hanges. The new language will be concise, ensure r~pmpliartce with all statutory requirements, and eliminate atnlaiguities within the ordinance. Staffi anticipates presenting the revisions at the February 2009 Quarterly PuEslic Hearing. ~7 P~.~INNI~G Pl~~~~CT PF~OP~~AL #5 - No~rernbe~ 2~~8 Lead Department: Planning & lnspecti©ns Prirrrary Contact(s): Susan Mellott X245-2593, Glenn Bowles (2A5 2577) Department [r~teraction: Currsnt Planning Division, Public Works gepart~r~errt, Comprehensive Plarir~ing Division, f urchasing Departrrrer~t, and Inspections Division Subject: `Clrattge Turning Green' (13t1ildEnglDevelapme~t~ Background BOC Policy The BOCC first adopted tvvv db~ectives urrcfer its Envirortimental Responsibility Gaal on December 5, 2005. The first objective was to develop a countywide environmental leadership policy and institute a standing lnvironmental Action Committee. "fro second was to continue, expand, and farmaily aclapi the use of green building standards; constrict new facilities and duconstrr~ct outdated facilities irr a way that is ec~-friendly, utiliz~ag energy conservation measures, and minimize environmental impacf. Qn April 'i2, 2007 the Bt~GC adopted five priorities to enhance the irnplementatian of the second objective of Ets Environmental Responsibility Goal. The five priorities are: 7. Research and provide suggestiarrs for green building startclarrts througF~ the Comprehensive flan process and the Planning and Inspections i3apartment reg~l~tkprts for bath public and private sector devQlopment by the end of 2047. 2. Irnplemantation of green building standards tlrraugl~ the Planning and Inspections Department, Building 1ivision re~u[ations for both pablic and private section develo}~rnent lay the enrl~afi 20t>'8. 3. Participate in education opportunities related to I..>:~D guicl~lines throagh training of }wilding and planning employees and eventually educa~on al+ the general public and private sector builders. 4. Adapt ~"smart gmwkh' principies of land develapn~ent and site planning including ;"low impact design.' guidelines ire appropriate sectors of Co~tnfy policy by the end of 2D~7. 5. Adapt ;"smar# growth" princ9ples of land deveiopment and site p1€~nning including "`iow impact design' guidelines in planning and erosion coni~nl regulatiarrs by the end of 24~~. Orange Turning Green Domrnittee Tl~e'Crange Turning Green `committee, which was carriprised of stafF from PubEie Works, Planning and Inspections, Tarn of I~illsba~-r~ugh, lava! Builders, architects, and utility companies, was organized to provide inpu#, dlSCUSSion, and guidance for implementing a Green Building program for Grange County. f~ These discussions led to tfte following staff recommendations for the referenced fiscal years: FY 2.00$ ! 2449 • Begin incentive >,ased voluntary aampliance with a `Green Building' prdgrarri far residential ar~d camrnercial constructipn. + Provide `greenbuiiding' and energy s#af; grant funded educational programs for builders and homeowners. + Expand lnspectiot~s, Current Planning and ErOSion Control web pages to promote green building and energy star programs. FY 2009 ! 20'IU • Formulate plan for new construction or r~enovativn of public buil~lir~gs to be Green Certified through a nationally recognized Green $uilding program sucFi as Triangle J Him Per#onnancs Guidelines, Leadership in Energy and ~nvironmer~tal resign ~l_EBD} or Green Globe. Fiiequire >Anergy Star Certification far all private commercial ar~d re5itfential construction. • Prepare plarx and establish future energy ef#iciency goals and their implementation. Comprehensive Plan The 2030 Gvrrrpreher~sive Plan, adapted November 18, 2tJ08, includes the faAowing overarching BOCC Planning Principle that generally supports fhe use of green building practices in tl7e C,aurtity: Bt7CC Planning Principle 3a - "Enc~ouragetnent of energy effiiciency, lower energy consumption, and the use of non-pollu~ng renewable energy resources°. In addition, Qbjectives included in the Pian provide specific mention of green building standards for publicly owned and rnsrtaged buildings and identifies tE~e need to explore green building standards for private development. Items such as the County's }~referenca for deconstruction over demolition, use of ~E~Q "Gold° (or equivalent} standards, ans~ the need to educate staff on preferreef tecF~r~olagies and techniques are also menfianed. Creep Buitdirsg ~'ro~ram_ Pr~~sal The lVatiortal Association of Horne suaders, in conjunction ~~rith 64 otE~er stakeholders, including the lryternational Code Council ~ICC}, released a Working []raft of its National Green Buiirling Standards on March 22, 2447. 'his is the first and Drily true consensus }~assd si~ndard for residential green b+~ilding, it will alsrs Ise the first to be a~redited by the American National Standards Institute (ANSI). The projected publish date is early May 2409, pending ANSI review. anca pui}lished, the standard can be adopter! by Eaca! jurisdictions, which wilt tit within the 1CC Building CodesT whicP~ is the foundation of tl~e ~farth Carolina State Building Cades_ {~ Staff h2+s revie-~ed the proposed s#andaRi end wilt propose that ~raage Gc~unty adopt this standard io 2~Og to support the incentive [used voluntary green program far residential canstructjvt~ previously proposed. Process f timeline Staff proposes to put fiarward gu idelirteS far voluntary arFd educatianai programs far at least twelve (~ 2~ and possibly eighteen ~~ l~~ months befara conslr~ering r~~ndatary complianr~. The Natlanal Green Building Standard is being developed by the ~latiortal Association of Nome Builders and may beoarne part of ifie International 13calldlr~g Cade in the very ne2~r future. As such, Orange County cQUld adopt them as Qart of the Building bode we raoav enforce. Staff proposes to bong the tVationaf Green Building Standard to a (quarterly l?ublic Hearing after its finallaation by the i~atiana! Associa#ian of Home Builders. The anticipated Quarterly Public l-fearing is 9Ulay 20fl9. ~~ PI~,A~1N1~ PR~J~~i' PR~PU~AL #~ - ~c~velr~r 2~U8 Lead Depar#rnerat: 1"'lanning & Inspections Primary Gontacii;s): Glenn Bowles {245-257}, Craig Benedict ~~4a-2592} Department Interaction: 1=ravirortmeratal & Resource Cvnservatian Department (irRCp) Sub}ect: Sastainabfe Landscapi~ag Star>dards f3ACf~CGRUUf~m On April 15, 200$, the BOCC received t#~e "Collaborative Water Conservation Strategies far Jair~t Gansideratiort by Carrboro, Chape! Hall and Orange Coonty," adaptec# a resolution regarding general support for interlocal water conservation strategies, and directed staff to cantiaaue collaborative work paz these water conservation initiatives. Three of the near term recommendations contained within the resoiutivra were: ~. Local govemrnertis anci OWASA should conduct water use audits arEd cost effective water conservation retrofit projects at local gavernment- owrEed and managed properties, rhos "leadiryg by example"; 2. The Tr~wns, County, and OUIIASA shouid continue to irtrarporate and farrr~alize our caileGtive commitments to state-of-the-art water use efficiency in the design oaf new local governrr~ent-owned and managed properties and, where prat#ical anct cost-effective, 9n renovated locai government owned aald managed properties; grad 3.~ The Towns, County, and OV1lASA should develop s~astainabie landscape guidelines aa~d .requirements to ensure that landscape and irrigation system design, lrtstailatiQn and maintenance are rraore water efficient and enviranrnentaliy friendly than #radittanai practices. Such measures could include limits ora the amount of turf that can be estabaishec! on a givara site and irrigated with OWASA-suppiied potable wafer, as we11 as rega.~irerrterets for the placement anc~ design of the irrigation systerrts. The use of harvested rainwater and reclaimed water would be encouraged as alternatives to potable OWASA water. Other~Wark Groups. The need for water conservation strategies with the other water providers in ttae county has been periodicaily discussed during the past few years. in particular, ti-ais topic vv2ES addressed in part by the Water Conseavatioa~ Drclinance Salbcommittee, createei from the ErEO Confluence f i in October 20x6. A joint work group of the f'lannirag Board anc# tt~e Commission for the Enuirartment has been meeting since Juiy 20Q~ to #ormulate sustainable landscaping standards far consideration. Another work group, comprised of staff frar~ the f Eann9ncJ aad Inspections Departm~:nt, the Town of i-lillsborough, iot~t builders, and utility rrampanies nos ~# helped deveiop the "Grange burning Green" program. The program was esta4~iished'to begin implerrMention a# BUCC environmental policies. The recemmerEdatior~s advocate far be#ler water use and sustainable landscaping standards, which are ecologically supportable and mare energy efficient, BaGC Policy. 7fite BC?CC #irst adopted two objectives under its Environmental Responsibility Goal an December 5, 200b. The first objective was to deveiop a countywide environmental leadership policy and institu#e a startiding Enviranrnental Action Committee. The second was to aantinue, expand, and formally adopt the use of green building stan[f~+rcls; construct new facilities and deconstruct outdated facilities in a way that is eco-friendly, utilizes energy conserving measures, and rrtinimi~es impacts an the environ3'rtent. Can April 12, 2807 the BCC adopted flee priorities to enhance the impiemerttatian of the second objective pf its Environmental f2esponsibility Goa>'.. C)ne of live priorities is to adopt 'smart growth' principles of land develap~ent and site planning including 'low impact design' guidelines in planning and erasion control regulations by t}~e end of 208. Camprettensive flan. The text below surnrnar~zes the planning principles, goals and objectives faunc4 in Phase ii oil the Comprehensive Pian Upda#e,. approved ore November 'f8, 20fl8, which provide direction tv sustainable landscaping ocrrECepts. As the amendment comes farwarcf, specific references wilt be made to the objectives of the Comprehensive Plan. The overarching planning principle put forth in thc~ Corr~prehensive Plan is to "Encraurage energy efficiency, lower energy consurnp#ion and fhe use a# nan- poiluting renex~rabie energy resources while promoting both air qualitjr protec#ian and the development of art effective transportation system:' Within this planning principle are several goals statements as follows: 1. Fiscally and environmentally responsible, sustainable growth, consisteht with the pravisiart of aclsquate services and facilities and a high quality of life. 2. Land uses chat are appropriate to on-site enviranrrterttal conditions and features, and tha# protect natural resources, cultural resources, ar~d community char2~cter. 3. Energy conserva~ort, sustainable use of hart-poilutir~g renewable energy resources, icient use of non-renewable energy resources and clean air. 4. V1la#er Resource Preservation. 5. Land uses that are appropriate to on-site ettvironrnental eonditiarts and features, and that protect natural resources, cultural resources, and community character. ~. A balanced and healthy diversity of native plarEt and anima! populations. 7. l~etworks of protected natural, cultural, and agrlcuitural lands. 8. Adequate, safe, and h~:althy groundwater withdrawal and wastewater disposal systems with minirttiurn impacts upon water and land resources. 9. Ef#icient and effective drainage, starmwater, #loodplain management, and erosion control systerr~s. kSSt.IE '1"he existing County landscaping and k~+~f#ering standards dv not adequately reflect recent national and interna#ionaE efforts to apply sustainability principles to loco! land development projects. Also, the subject of Crime Preverrtian ~'hraugh Enviror~mer~tal Design ~CP~ED} is absent in the present County Cade. PRORQSAE To incorporate sustainable landscaping artd tree preser-ration principles into fhe Zoning Qrdinance, Subdivision Regulations and Economic Development Design Manua! through text amendments to each dact~ment. An alternative to inserting rcew standards irrte multiple codes is to begin to create a Unified Development Code which was a goof in prflrtiot~5 years. The topic and how it aan lead to better organization and understanding of revised ofd codes and implements#on of new Ct~rnprehensive i7iar~ objectives will be explained mare in upcarnkng months. PRDCE551"k~kfwlE Fk~AME Staff proposes to present arnendmvnts to Sections 'l2 and 2~ of the Zanirtg Ordinance at file February 2009 Quarterly Pu}~lic Hea~'ing, ~It fhat #ime the BDCC rttay wisf} to refer the proposed amendments tc Loth tl~e Planning Board and Camrnission for the Environment for faview and recommendations. Amerrdmerkts to the Zoning Ordinance regarding sustainable landscaping will implement several ob~ectivvS lis#ed in the Cvrnprel,ensive Plan. ~~ P~.ANNI~VC PR~]JEC'T P~~P~SA~ #7 ~ Nov~mi~er 2(308 Lead Department: Planning & Inspections Primary Contact(s~: Glenn Bowles X245-25T7~, Craig Benedict X245-2590 Qepartment Interaction: environmental ~ Resource Cor~servatiort Departrnerrt {EI~GR) and Gour~ty Attorney Subject: Strategic Growth and Rust Gonservatinn (StaRD~ SAC4CGROtJ N D In June of 2804 the 8OCC authorized an I~FQ to develop a TdR program. In December 200~E, the BOCC selected.the Betger Group and the University of North Carolina -Charlotte Urban Institute to complete Phase 1. By June 2005, the BC]CC appointeci the TDR Task l=atce and in Jwne 200fi, the SOCC received the Feasibility Study re{~ort Background Research and C7at~ Gathering -Phase 1 and Feasibility Study and Concept Plan -Phase 11) and affirmed the TasE4 Force recommendation that file pragra~rt continue. The BOCC gave formal notice to proceed with Phase Ill (Program Design and lmplerYtiantataon Plank in aecember 2a4B, but the term of the contract was extended to allow sufficient time to adopt the Comprehensive Plan. SGRC Gva1s include the following: • Preserve the farm economy; • Pratec#. c#r~nlcing water resources; • Preserve environmental and cultural resources; • >~reserve the character ofrural Orange Co+~nty; and • Avoid excess public costs to provide wa#er, sewer, and education S~rViGeS_ `Fhe program objectives are tQ dit`ect growth and developrn+~nt activities away from important natural and cultural resources by shiftirFg Chase actiwifies to areas better able to atxomrr-odate them. lrnpartant str~dy conclusions are as follows; • The }~rogra~n shall be strictly voluntary, • far now, only County-tp-County transfers will be considered, The County will not maintain a "Bank," • The program will be titled -`Strategic Growth and Resource Conservation" • Use existing enabled ordinances, such as Zoning, Conditional Toning, anti l:~evelopmsnt Agreements, Below are summaries of planning principles, goals arEd objectives found In Phase ll of the Corr~prehensive Plan Update, approved on ~lovemt>er ~ 8, 2Q4?8, which provlde direction #o SGf2C concepts. Planning principles include the following: 1. Effeient at~d Fiscally Responsible Provusioh of Public l=acilities and Services. ~~ ~. Natural Area Ftesaures Proservatiar-. 3. Preservation of Rural Land tlse E'attern and Preserrration of Corrrmunity Characte!•. Within these theer? print;ipies are fr~und the goal statements pertaislin~ to SGRC concepts: . t, infrastructure that srtpports desired c~veiopment 2. ~eveioprr~ent ordinances and incentives tfi~at promote in~lusipnary practices and hous'trtig options for ail income levels. 3, Fiscally and environmentally responsible, sustainable grov~rtth, consistent vuith the provision gat adequate sen+ices and facilities and a I~icdh quality ofi ii#e. 4. Preservation of historic, cultural, arct-itectur2il and archaeological resources, and their associated landscapes. ~. A balanced ar~d healthy diversity of native plant and artimai popuial:ions. la. ire#warl~s of protected natural, cultural anti agricultural lands. 7. A variety of land uses that are coordinated within a program and pattern that limits sprawl, preserves community~and rural character, minimizes land use conflicts, supported by an efFicien# and balanced transportation system. A nUrnber ofi objectives are also reievan#, including: ~~D -- 2.'t. 1=ncvurage compact arid, higher density development in areas served by ~ vdater and sewer, i ED 2~2._ ~ncaura, e~, mixed-use projects that supportwalkable commGnities. _ I H -- 4.3. Evaluate the feasibility of tlevetoprnent incentives to stimulate the proda~ion of needed affordai~le law~incorne housing. _ f{ -- 4.4. Evaluate coliat~ratively with the iQV~r15; identify regulatory barriers to be -~ rr:moved and oppat'tc~nities for develc~rraer,t incentives bo encourage the rflnstructior~ - of adiverse ranee oaf housing types. - ~ - i`U -'i.~f. Coordinate #i~e tocatior~ of higher tntensiiylhigh density residential and Hors- ~i residential development with existing or planned tocatiorts of pubis transportation, r~r>mmerciai and community s~:rvices, and adequate sufaporting infrastructure, while . Voiding areas with protected natural and cultural resources. Increasing allowable dsnsitias and txeating new mixed-use zoning districts where adequate public services are available cc~uid achieve this. CR _ ~. Prar~tote existing programs that offer firtiancial incentives for preservation ' purposes and pursue rtiew programs to encourage tho purchase, #reservatlan, . rr~aintehanCe or adaptive reuse of historic landscapes and scion fa tie historic structt.tres. NJ~ --1. ~onserva high-priority r~at~,ral areas aid wildlife habi#a#s, inraudi9ng wetlands, rivers and streams, flaadplains, steep sl©(~es. prime forests, wildlife corridors, and other critical 13abitats. z~ ~ NA -~-1~. Develog a Comprek~ensive plan far achieving a netwarlS ~ protected open spade tktroughout Dranga County, which addresses #i,reats to important natural areas, conreecfi~~ty between protected areas, coardietiatiort with neighf~aring aaan#ies, and ` sustainable management c~ c.ri#icai rtiatural resources. ~Il~l- 7~, protect tatad in and araur~d biologically sic~r7if~can# areas, and canr~ec~.ior~s between these areas, to ailow for the maintenance of na#ive wildlife and piar~t a u;ations and their ~nctionai reiationships. _ _ L#~ ~ 3.7. Discourage urban sprawl; encourage a separation of urban and rural iand uses, and d~act new deve]oprnent iota areas where necessary community facilities and services exist through periodic updates #o the Foture Land Use Dian. Ll# - 3.8. Create r}ew zoning distric#{s} which aklow for a mixing of corrtmerciai and ~ , residential uses, a rnixlr~g of housing types, an creates a more pedestrFan friendiy '- develaprnent pattern. New districts sinouid be app~eci in areas where }~ubiic services r exist or are piar~ned for in tt~e #utrare, in areas tfi~at prornate higher intens'sty and high d~ns~r uses. _...~ _-_.._.. ~ -- - ISSUE The SGRC poncept was initiated indeper~dentiy of the Comprehensive Plan adoption process, bu# the SGRC Aragrarrt has been envisioned as an innevative foul fv implement the Comprehensive Plan Goals and Qbjecti~res.~ lVc~w that the Comprehensive Plan is adapted tfi~e program can move forward. Pianning staff proposes to compute the third artd final phase of the SGRC program to be made a part of the GarTtprehensive Plan text and Zoning Ordinance text artd map. PRaCESSl7lMEFRAfUtI~; The SGRC Prograrrt Design arld implementai<ion Pian i$ proposed to be adopted anc~ implemented in the fptlowing manner`. 1. Adopt the SGRC Program Qesign and Implementation Plan as part of the Cantprehensive Pian (Presented at the okay 2009 Quarterly Put~lic l•'learing~~ 2. Revise the Land Use Element map to designate Transitional Areas, Economic Revelopment Areas and Dural Cornrnuni#y Nodes as potential SGRC areas receiving areas) and presented at the August X009 Quarterly Pt:tblic Hearing); 3. Adopt Canrlitianal Use zoning text amendments and other rrrinor text changes to ensure text consistency with SGRC terminalagy (This item is scheduled for the February 2ad9 Quarterly Public Hearing}. ~~ PLAi~hill~G PRC~J~~7 P[~~P~SAL ~#8 -~ ~o~rember 208 Lead Departmert: Planning & Inspections [primary Gontact(s}: Michael Harvey X245-2547); Karen Lincoln (245-2594}, Jennifer Leaf {24~-203) Department Interaction: Administration and County Attorney S+~bject: Assessmerrt of Reg~tlataryr Issues: Drive-thrus, ~raral Traffic ilrnpacts, Racal Liightiing llmpa~cts T3I1CltGRaU N D aver. the last few months, various development proposals arkdlor complaints have uncx}vPred facets of our, existing regulations fhat may be in rraed of re-examination. Sarre of th+~ lanr~ development standards do not difierentiate between urban and rural intensity levels. New arEViranmental concerns of ald methods of business such as drive- thrus may neec4~to be reflected ire green site development regulations. ISSk.fi": []rive-t3~rus -During the review of the Buckhorrr Village f~lannect Qeveiopment, conccerns arose over [fie development and use of drive-ta~rt~ fs,c~ities within i'he project, and throughout the County as a whole. The Grange County ~onirYg Ordinance does not cDntain any reference to specific design crr~eria, or language establishing an outright ban, an the development of such faciiitiQS {with ~e exception of the Hsllsbomugh Economic peveiopment Districty. PRf?P~AI- Staf# believes there pro two ~2~ t~ptaons available if the County, decides to regulate drive-thrus, specifically: OPTIiQ~I A: The ardittanLe can be amended to include a prvhlbitian on ~e development a# drive-thr+~ facilities far eny and ali nary-residential asps ~ciuding, but ntrt iimited to: restaurants, banks, drug storasr dry cleaners; etc. This prohibition Would be located within Article Six {6) APplicatio~ of f~imensronaf f~eq~.rRrcments of the Ordinance. 4PYIaN B: Tice Ordinance could lie amsr<ded to include specific design criteria designed to address the ancillary impacts of these types of accessory uses. p~tOCE3SlTltVIELiNE: Stafif intends to present bath options for review and possible actiof~ by the BOCC at the February 249 Quarterly Pulalic Hearing with staff proposals to the Planning Board 4rdlnance Review Committee. ~~ lssu~: Rana{ Traffic lm~aGts -- During the revisor of a Class A Specie{ Use Permit, local reSicfents expressed oancem over the tfrreshoki levels of standards governing traffic generated by a proposed development within a rzaral pr~rtian of the Ga~rr>;ty. It was suggested that stafif I~egin looking a# the need to rr~odiFy existing regulations to ciifferentrat~e between acoeptablrr levels of traffc being generated #or projects within rural vs. urban areas. PROCESS~FIIUIEL{NE 13eeaus~e there are a variety of land uses wl#h different traffic generation attributes the . subject must be examined flot~prehensirrely and not necessarrl3r as a response tra a specifrc case. Staff will soon begin work on addressing this issrae with draft text to be presented at a Quarterly Public Hearing in the latter par# bf 200g. ISSUt;: Rural Lighting Irrtpacts T The County has received a complaint from a local resident concerned over the use of outdoor bail field lights at a local church adjacent to her residersoe. The residertit has indicated that the lic~h#e are out of character with the rural setting of tFie area and cle#ract trorn her ability to make reasonable use Qf her property. Stag has inspected the church and determined the erected bolt feid lights do not fully adhere to #ie requirements of the Qrdinanc~. A lVt~tice o~ Violation has teen issued ancf we are crarrently in the process of oaordinating, with the church, efforts to address the various incanslsterrcies. PR~C ESSlT{ti411 ELI N ~ In terms of addressing the need fc~r QrdinancE amendments, rela#ing to our existing outdoor lighting standands, staff is lil the process of frta{i~ing a report to present 1,o the PlaEnning Board Ordirtai-~e Review CemrtiitteE ark then report to the BQCC in January ar February of 24x9 or,rtlining various options irr an effort to solicit guidanca on appropriate amendments, !r-i staffs opinion it will Wolf be sufficient to merely amend existing regukatians to req~rire outdoor a#hletic f'refd llgl~ts within the rural portions of the ~ar~nty btu turned off e~tier than in mom urban areas of the County. Sta#F br~lieves ##~re is a need to r~~evaEuate oar cx.rrrent regulatory }~t~iiosophy acrd oampletQ a wholesale revision a# the existing lig~rting stanetarrts. ~~ PLANNING ~'R~.#~~`~ ~'R~P~~~L #9 ^ I~ove~belr 2~~8 Lead Departrnerrt: Planning & [nspections Primary Conract(sy. Percii~a Holtz ~2~5-25 ~ ~ }, Glenn Bowles (246-2577} Department Interaction: Administration and Caurtty Attorney Subject: Small Area Plan-related ,~rnendmertts BAGKGI~QE.IND: The County has adopted three small area plans ire the past tuna yews. Orange County's practice for adopting small area plans calls for lmplementatian measures to be adopted subsectuently as separate actions. Essentially, the small area plans in Prange County are documents tl•ta# contain tasfc force recornrnendationswtth implementation of th~rse recommendations to occur at a later date. 7'he following presents an update on the actions required to irrtplernent some of the recornmsndatiorES contained lrr the three adopted small arcs }Mans. Efland-l~lebane Srrra(I Area Plan The ~OCC adopted the Efland-ltillebane~SAP on .tune 27, 2046. Further . implemrn#ation of the plan (one impiementatlan measure -the Efland Cheeks Zoning Overlay Distfict-has been adalated) will require additional actions. Specifically, the faHawing actions must be completed: 1. Adept the Efland-Mebane SAP as part of the Cornprel~ensive Plan; 2. Decide -vhether the suggested cE~anges to the 1Nater and Sewer Management Planning and Boundary~Agreernent will fie pursued. If the sugges#ed changes are to be pt~tsued, this action needs to occur first. 3. Revise the Land Use Element map to reflect the Possible 1=oture Larrd Use Map contained in tf~e SAP artd revise the Land Use Element text to include the new land use categories. q.. Develop along-range t+~laster Plan for water and sewer services, Additionally, an engineering study of the existing Orange-Alamance 1Nater System 4OAWS~ should be comple#ed in cooperation w~h QA1NS. 5. Develop design guidelines fflr file designated Mixed Use E#[and Core .Area. 6. Additional 2oriirtig Qrdirrance text changes will likely be necessary in order to increase cians[ty in the planning area, as the SAP sraggests. ~~ 7. A car~nection from Highway ~0 east to the ] nterstate connector sl~ouid re~nair* a priority when submitting projects to i~iGDCT for consideration. Please r~o#e that the above list is nat a complete list of atl of the recommendations contained in the Efland-Mebane SAP, but serves as a .guide to the most signifiicant actions that must occur before subsequen# ar;tions can be pursued. NC Highway ~7 Speedway Area Srnai! Area Plan Highway ~T SAPS The BOCC ado}~ted the Highway ~7 SAI' an August 27, 20{l7. Irrrplementatior~ of tl~e plan will recluife actions as foilaws: 1. Adopt the Higi~way 57 SAP as part of the Comprehensive Plan. 2, Revise the Land Use Element map to include the Highway ~7 5AF Study Area. 3. Adopt Ganditionai Use zoning text amendments, with the Rural Economic Deveiopment Area component. 4. Consider deveioper initiated zoning atlas amendments within the Higs~way 57 5AP Study Area at a later date. Eno ED€~ Area Srnail Area Plan The BOCC adapted the Ana EDD Area SAP on June 24, 20U$. The successful implementation of this small area plan is dependant upon an lnterioCal Agreement with the City of Durham tp provide water and sewer services is this area. lmlalementatian of the plan will require actions as follows: ~ . Adopt the Eno EbD Area 5AP as park of the Comprehensive Plan. 2. Negotiate an Interlacal Agreement with the City of burharrrto provide water and sewer services to the area. 3. Revise the Lana Use Eietnent map to refieet t>~e Proposed lsuture Land Use AAap cnr~tairted in the SAP and revise t#~e Land Use Element text to include the new lanc€ use category. 4. Incorporate necessary text changes into the Zoning Qrdinance to implement the revised Land Use Element. Please nafie that the ai~ove list is not a corr~iete lis# of ail of the recorr~rnendations contained in the Eno EDD Area SAP, but serves as a guide to the most significant actions that must occur before subsec~uerrt actions can be pursued. ~~ PC~QC~S$11'1M1=t_ltwl~ A-major factor in tees irnplementa#on of ##~e Eflartd-Mebane-SAP is a decision on the suggested changes to tht~ Wafer and Sewer ~lanagemer~t Planning and Boundary Agreerttent. Staff recommends tFte BCCC work r~rith tl~e other signatories #o the Agreerr~ent to determine the feasibilrty of revising the Agreement and, if feasible, initiating the steps to do sa in a #imely manner. Staff recommends the #opic be placetf on ~e 1~liarcl~ 249 Assembly of Goverrtrrients meeting agenda far feasibility discussion. A major factor in tk~e irnplemer~tation of the Eno EDD Area SAP is tE~e r7eed for an Irrteriocal Agreemen# with tl~e City of Durham for water and sewef services. Staff recarnmends the BQCC aper~ fafmal discx~ssiat~s with City of Durham representatives regarding this topic ire a timely manner. All three small area plates require adoption into the County's Comprehensive Plan and revisions to the E.and Use Elerrient. S#aff proposes #o bring these amerydmerits to the May 2009 Quarterly Put7lic Hearing, after Notification Requirements have teen clarified see Attachment ~ for information #~ertaining to this issue}. 3j ~~~~~~ ~~o.r~C1~ ~p~oposa~ ~~ a ~- l~avembeli• Z~08 Lead Department: ~ ~'lanr~ing & Inspections Prirryary Contact(s~: Craig Benedict {245-2592) Eepartment interaction: Ackministratian, County Attorney, ~conornic Revelopment Subject: I~lodificati;on ot€ 5pecia! Use permit Cnristr€~ction Timefr~rne BACKGROUND: ]n acaardance with the provisions of the honing Or~efinanGe, development projects that are either a Pianrked Deueiaprr~errt andlar a Speciai Use.hava a one-year time period in whicE~ its commence land-disturbing activities or face the potential revocation of any and all approvals. [S5t71E: 1Nhile this requiremer3t may be realistic for ~ srrraEl-scale, sir~le use, project it is not practical rror large, multi-phase projects, involving: ~. Infrastructure improvements (i.e. water andlar sewers and State appravais, 2. Transportation lmpraverrrcrGts requiring the issuance of permits by the North Carolina Department of Transportation, 3. Erasion control and storrrrwater managernerrt permits, and 4. other similar i4cai, Stater andlar Federal permit#ing processes, n such instances, the necessary permits may take !anger than a year for an applicant to obtain in order to cornmenca nand-disturbing activities. Further, unique economic cor7ditions might also irnpac# the ebiiity of an applicant to commence land-disturbing activities in a timely fashion. PRCIPCSAL: Staff is currently reviewing the feasilaility of amending the Ordinance to modify the permit submitfial and cor<strucxiarr commencement requirnments Iri are effort to provide some fiexihilifiy cartcerning large-scale, mufti-phased, deveiapmerkt projects. Ultimoteiy, staff would like to require that a developer submit various permit applications to local, State, andlar Federal agencies in arcfer #a show larogress in cornmer~cing the devefapmerit of an approved project. ~~ PL~OCESS1TiMlE~.iN E: Staff infends to Nava the proposed ame~dmer~ts for formal revlew of tt~e hriay ~Qp9 Q~arter9y Public H~:aring. S#afi' intends #v begin worising with the Planning 1~oard's ~rdinar~ce Rerriew Carnmittea ~PB~RC~ rr~rith inpu# from tl~e ~cvrtomic Developmer~# Comrnissivt~ ar~~ to salici# courtesy review comments from other County departments, incl~dir3g the Attamey's ofFice, gr~ the amendment package. . ~ltW G'TF'C~S ~o~.~, ~~~I~Lr., ~~~~~~~>~ ~ pl:~~ A tyRC7F645x3W[.tX~t1PO1t~CXkUN li9 E. TItY01~ E'r?.1:ET r. a. nRaukx 15~ HILT ~ROEiLtiU(iH, NVIt?'ti C;RU!.l~q,?3278 4~`~%i32.2146 l~RfJTJ T1:E T~FSK ~ F FAX q14. T±i-791 FL•:li~L[.t.t. BR~,4~ ~I ~N.~shp•iax.urn . ~aIILial'y ~~, ~JOO~ jt~l'.'vltCllacl I-~atvev; ZOSking }..'"11fOrUB~l7Crit ~~ICC~- ~l't1J1gC C4ltllty l~~an3lla~ ~4~'}~'i1T1~i!t ~',~, $OX 8181 1-j1)14h0[Oll~Il,hTC i7~i~ RBA Legal Ad~~elti~rnenL Fur February 23, 20(!9 Quartierly Pulalic Ile:lring D~lr A'ficYtael: This letter pe~~ains to prape~seci Iienn r~.~. "Zoning drdilzanCe Atx~endn~e~lt: C;onclitlar>al LJse DistricUL'oE~c3itiarlal "Lanirlg" as armtained on ttJe '`Notice of Taint Public I-Iearing~' for tl~e FeLruar~r 23, 2flQ9 joiJa,i Board of Cou~lty CUmnlis3ioners(P]aut~9ng Board public h4arillg, I u~tclersEarltl tilr3t the Board of Count} Carn~nissionars (tEke "130CC"} will be asked to approve the legal advGriisettu:~~t for tl~e.joint puUf is Bcariztg oJk FCbruaa~ ;3, 2[H7~. IK~ the r£~90Y1S iltat follox'_ we lt:cornmeilci that t)le Cotlditiatlal t: se 3~isurictfConditiflltaI Zoning ite~Tl not l7~ 1}1$ced nn the Febl-~+ary 23, 20t}4 quarterly public IkeariJ~g agzudd and that you r~;naove the ir,~m fro~n the prnposecl l~~s~l aclvertiselnealt. S'h'e offer ungtzalifed support for cltc eventual i~nplemar~[ativlk of talc co~lditional zoning tool withil~ Change Cauntti~'s plansling jlsrisdietion. We also offer u11quS.iii-led yuppall far lt~c~derni7ing Article 7 "I'larulyd I~cs~clopment T~{5t[1Gt5" of the {;crunty'S Zoning C?rdillanc;e (tike "Car~iilyance"y fn reflect t'lie most llp to dat~~ co~zlpo~lerlis of c;twttditional use district •ror~ng. I re~c:ogllize that }you have spent a ax-aat deal ~+t time and effol-t cleveloping well claft~ci atncttd~nelats tt~ ~-rticle 7 of tl>~; Qxditlar<ce to ~lcaxl~plislt these taio tasks. Hou~ev~r; I alsr~ recognize that. sitgltz#acstni additional staff askd legal lima arkd effort will he t~ecessaty tv rLview, r ~~ise and i'i~liae the p~-ogosetl alnchdJxten#s l~efora tihzy a<c preseltterl to the BQC'.C for adoption, Therefore, 44'e PCC0111Ci7~GIld the focus of Ollr collective ei#alts on w~rilgkg once 1rn1~1ementFUg a nlas~cCri ~.iilli'teCl ~e4~e)oI-ment Ordinance ("UI~O") instead of spending a substantial amount of tinlo a7cl effort. creating t}rand net~~ :,ollsfrlrcf3 foT coaaditiorlal tuning .title CoAditi0l'lrll uSa district ZOSIjIIg Within the current, atld acllnitledly outdated, ~z'ditkance_ 'f leis C~urSC Of aCtlnn will noL leaYC the Cotknfy con~pl~tely WtChOUt tlt~ t)C~FZftt Uf t~E~ tv~o LOUlB. AS ~Oll a[L 4i'ell aware, tllE p[dlltartct; ~OeS L'UIllaiii t'1 I~~illAtQry tool si~nila~~ to "cox~ditiarlal else district inning" in 411ic1c 7 of the {)rdinar~::e 43hieil is #itled "Pla~lne•d lle~~eicrpmes~t Districts'". TI1tre is lrenef~t to lnod~[ztiairlg Article ? of the O~Ylil~at~ce as wt; discovered cluriseg th4 review of the k3uc:lhuru Village PD application. ~~~' Slkl?[?o[t irFetklIIg m1nOT r4'V~S)Q~]5 li"Fthln the cut~nt Articles 7 in the shore term to address these ileadecl imp~v4elnents ~~ihile We focrtw tl?e majority of our collecti~~e resources on the longer teytrlt goo) of draflillg x ITDa for co~lsider~ttinn by the fiQCC. ~~ ~~ Given the haxury of bane, we vc~ould lk. making this tame teeamr~endatic~n ti4~ith r;.gatd to the 51~~StAa7tTr11 pJ"r~gOSetl ~r(~lalii>iICL' atad ~C111ing ~~ap 8S]~eIaCI97ye1~t<5 retalea t,0 she C;aUtaty's flood dait]aga ~re.~enticm progran7. However, given that the Cau~ity risks its paxticip;~tian iii t~ ~udcral ~1~od rnsuranee Pragrsmx if it does rtat move fpr-vard with those amendments posthaste: eve do~azot recarnniestd delay of Hiese envisions at dais tune. Please let rr~c l;~a.ow. if you have an}~ questia~~s wardn~g tizis letter. CCJI~IVIAN, ~i~;I7HlLI.., kiARCrRr1 cc. Laura Slac;kmon Craig Benedict Geof CiledhilI ~~nnettc Moore F.C. Best Reoaials,