HomeMy WebLinkAboutAgenda - 06-16-2009 - 4xORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2009
Action Agenda
Item No.
SUBJECT: Legal Advertisement for Quarterly Public Hearin -August 24, 2009
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Legal Advertisement
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245- 2592
Perdita Holtz, Planning Systems
Coordinator 245-2611
PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of
County Commissioners/Planning Board Quarterly Public Hearing (QPH) scheduled for August
24, 2009.
BACKGROUND: The Board of County Commissioners reviews proposals to be considered at
public hearing for consistency with general County policy and presentation format. The following
items are proposed for consideration at the August 24, 2009 Quarterly Public Hearing:
1. Zoning Text Amendment -Outdoor Lighting Standards
2. Strategic Growth and Rural Conservation (SGRC)
Outdoor Lighting Standards
The proposed Zoning Text Amendment for Outdoor Lighting Standards consists of
amendment(s) to Article Six (6) Application of Dimensional Requirements Section 6.31 Outdoor
Lighting Standards revising existing regulations governing the review, approval, and use of
outdoor lighting fixtures for residential and non-residential land uses.
The Ordinance contains various provisions relating to the application and use of outdoor lighting
fixtures throughout the County. Recently, concern has been expressed over the lack of
specificity within the Ordinance. Specifically, residents have expressed concern over how
lighting plans are submitted and reviewed by staff, the lack of specificity in treating projects
within urbanizing versus rural portions of the County, and a lack of specificity on the types of
lighting fixtures that ought to be allowed for use by outdoor sport fields and/or performance
areas.
Specific retooling tasks of the existing regulations are contained in the legal ad in Attachment 1.
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Strategic Growth and Rural Conservation (SGRC)
The BOCC approved the selection of The Louis Berger Group / UNC Charlotte Urban Institute
on December 14, 2004 and the contract for a Transfer of Development Rights (TDR) Feasibility
Study on March 1, 2005. A steering committee was formed to assess the multifaceted aspects
of such a program. During the analyses and staff review of the project, the concept was re-
named "Strategic Growth and Resource Conservation" or SGRC to more clearly describe the
program in Orange County.
In its simplest form, SGRC would involve the transfer of development rights from one or more
sending area properties and transfer such rights or value to a receiving area property. Transfers
would only occur from lands within the Orange County planning jurisdiction to lands within the
Orange County planning jurisdiction. Such a "paired" transfer of development rights would only
be voluntary in an open market between willing sellers in the sending areas and willing buyers
in the receiving areas. The County would regulate how the rights are affixed to receiving area
lands through a conditional zoning process.
Sending Areas are intended to protect lands contained within or containing:
• Water Supply Watershed designated Critical Areas
• 150-foot stream buffers on major streams and water bodies
• Wetlands as indicated by presence of hydric soils
• Prime farm soils, as designated by Natural Resources Conservation Service
• Properties of 50 acres or more in rural areas, as likely farmed lands
• Prime forest/habit areas, as identified by County Environment and Resource
Conservation Department
• Natural Heritage Inventory areas, as identified by County
• Existing or potential rural buffer areas around Carrboro, Chapel Hill, and Hillsborough
• Properties with historic sites or structures
• Properties with moderate to high archaeological potential, as identified by County
• Properties within one-quarter mile of rural crossroads communities' centers
• Properties within one-half mile of a designated Scenic Byway road.
Receiving Areas are those County lands designated in the Land Use Element Map as:
1. Transition Areas,
2. Rural Community Nodes, and
3. Economic Development Districts.
The SGRC process will involve a sending area conservation easement and a receiving area
specific site area plan. The specific site area plan shall be based on sustainable energy efficient
design, smart growth principles, and affordable housing criteria.
The BOCC appointed a Task Force which made a recommendation at the June 2006 Quarterly
Public Hearing to accept the first two phases of the study (Background Analysis, Case Studies,
and Feasibility). A Working Group replaced the Task Force to complete Phase 3 (Concept
Report and Implementation).
The original contract timeline proposed completion of work in late 2007. However, delays
occurred in scheduling meetings with appropriate stakeholders and advisory groups and the
adoption of the 2030 Comprehensive Plan delayed SGRC Plan adoption. The BOCC
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suggested bringing the SGRC program back after the Comprehensive Plan update was adopted
in late October 2008. The adopted Comprehensive Plan contains several objectives supportive
of the SGRC concept.
The action to be heard at the August Quarterly Public Hearing is to accept the SGRC plan which
outlines recommendations for future zoning text and map implementation. The contract with the
consultant will be closed out. Implementation of the SGRC concept would occur through future
public meetings and processes.
Non-Public Hearing Items
Additionally, staff intends to present the following non-public hearing items at the joint meeting:
1. Unified Development Ordinance (UDO) Process/Work Plan
Staff will present for BOCC consideration a process and work plan for a UDO. This is a similar
concept to how the Comprehensive Plan update process was initiated.
2a. Small Area Plan Implementation Process
Staff will present for BOCC consideration a process and work plan to implement land use
recommendations included in adopted Small Area Plans (Efland-Mebane and Eno Economic
Development District). Implementation will involve amendments to the County's Land Use Plan,
which is contained in the Comprehensive Plan Land Use Element, and Zoning Ordinance
Amendments. In April of this year the BOCC adopted Zoning Ordinance amendments to allow
Land Use Plan amendments and Zoning Ordinance amendments that are in compliance with
adopted small area plans to be heard at the same QPH.
2b. Comprehensive Plan Implementation Process
Staff will present for BOCC consideration a process for implementing the Comprehensive Plan,
most of which will occur after the UDO is completed and small area plans have been
considered.
FINANCIAL IMPACT: Other than advertising costs which are included in the FY 2009-10
Budget, there are no direct financial impacts associated with the approval of this item.
RECOMMENDATION(S): The Administration recommends the Board approve the .proposed
August 24, 2009 Quarterly Public Hearing legal advertisement.
NOTICE OF JOINT PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
A joint public hearing will be held at the Central Orange Senior Center, 103
Meadowlands Drive, Hillsborough, North Carolina, on Monday, August 24, 2009, at
7:00 PM for the purpose of giving all interested citizens an opportunity to speak for
or against the following items:
A. PUBLIC HEARING ITEMS
Zoning Ordinance Amendment: Review of proposed amendment(s) to Article
Six (6) Application of Dimensional Requirements Section 6.31 Outdoor
Lighting Standards of the Orange County Ordinance revising existing
regulations governing the review, approval, and use of outdoor lighting
fixtures for residential and non-residential land uses.
Staff will propose a comprehensive retooling of the current regulations
completing the following tasks:
a. Distinguish the installation and use of outdoor lighting fixtures within
urbanizing and rural areas of the County,
b. Modifying existing site plan submittal requirements for lighting plans
to require additional information on the impact of outdoor lighting on
adjacent property owners,
c. Including an amortization policy requiring non-conforming lights to
be brought into compliance with lighting standards, and
d. Revise existing regulations governing the erection of lights for
sports fields and/or outdoor performance areas.
Pur ose: To receive citizen comment on the proposed amendments.
2. Acceptance of the Strategic Growth and Resource Conservation (SGRC) Plan.
The SGRC is a proposed program whereby development rights in specific areas
of the county could be transferred to other specific areas of the county in order to
preserve and protect sensitive areas and uses while allowing development and
greater density in areas of the county better suited to accommodate it. The first
two phases of the SGRC program (research and feasibility) were previously
completed and were accepted in June 2006. The final third phase (specific
program and administrative design) is the subject of this hearing.
Purpose: To receive citizen comment on the proposed SGRC Plan.
Implementation of the SGRC concept would occur through future public meetings
and processes.
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Accommodations for individuals with physical disabilities can be provided if the
request is made to the Director of Planning at least 48 hours prior to the Public
Hearing by calling the appropriate number listed below. The full text of the
changes may be obtained after August 14, 2009 from the Planning Department.
Also, the text may be obtained at the County website www.co.orange.nc.us at the
Meeting Agendas link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County
Planning Department located in the Planning and Agricultural Center, 306E Revere
Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m.
Monday through Friday. You may also call 245-2575 or 245-2585 and you will be
directed to a staff member who will answer your questions.
PUBLISH:
News of Orange Chapel Hill Herald
August 12, 2009 August 12, 2009
August 19, 2009 August 19, 2009