Loading...
HomeMy WebLinkAboutAgenda - 05-18-2009 - C2GRANGE COUNTY BOARD of Co~IIISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITE -M ABSTRACT Meeting Rafe: Flay ~, X009 ' Actlen Agenda Iten1 No. C-~ SUBJECT: Zoning Ordinance Text Amendment Relating to Deve[oprnent Limits within Nodes pEPARTNfENT: Punning and inspections PUBLIC HEARING: ~Y1N~ Yes ATTA-CHIViENT(~): ~. Ordinance Amendment Resolution ~. Maps of Nodes 3. Chapter 5.3 of Orange County Comprehensive Plan..-~ information About Nodes 4. February 4, X009 Planning Board Abstract on Node Options 5. February ~, X009 Planning Board 1Vlinutes lNI=oRN1ATION CONTACT: Name Craig Benedict, DirectAr lvlichael D. Harvey, Planner Phone Number 24v~~592 ~45~2~~? PURPOSE~~ To hold a public hearing on a staff generated Zoning Ordinance Text Amendment seeking to modify existing development limitations on nonresidential development within Nodes. BACKGROUND: At the November ~4, ZOOB quarterly Public Hearing, the Board processed a petition seeking to rezone ~ .04 acres of a 4.? acre parcel within the ~fllhite Cross Rural Community Activity Node. As staff stated during the hearing, the Orange County Zoning Ordinance thereafter `the Ordinance'} limns the total amount of non~residentially zoned property permitted within a Node based on population density. Unless population density within a Node is comparable to existing Transition Areas, the Ordinance reduces the amount of permitted nan~residentially zoned property. In the case of the vUhite Cross Rural Community Activity Node, the total cumulative amount of non_residentially zoned property permitted within the area is limited to ten ~~ 0} acres, Staff stated that the Node had nine point four X9.4} acres of commercially zoned property. As a result, staff recommended denial of the rezoning petition. during the hearing, several comments were rude over the need to reevaluate existing development limitations within the Nodes and determine if existing limitations on non-residentially zoned property were appropriate. z NC~D~S: A Node, loosely defined, is a specific geographic area of the County intended to support certain levels of development intensity andlor allow for the development of non residential land uses to serve the needs of the surrounding local community. The orange County Comprehensive Plan and Land Use Element Map ~LUBM} delineate the Ivcatian of various Nodes throughout the County. There are several classifications of Nodes, detailed within Chapter Five ~5}, Section 5.8 Tl~e ~.an~ ~Jse Plan of the Grange County 2o3D Comprehensive Plan including: ® Commercial Transition Activity Node, Commercial Industrial Transition Activity Nade, ® Bcanomic Development Activity Nade, Rural Community Activity Nade, Rural Neighborhood Activity Node, and Rural Industrial Activity Node Please refer to Attachment Three ~3} for mere detail on development opportunitieslconstraints within the various Nodes. PLANNING ~~ARD DI~ClJSSIC~N: The Planning Board began its review of the aforementioned rezoning petition at its January ~ 4, 2DD9 regular meeting where staff was asked to prepare a brief synopsis ofthe problem and identify possible solutions that would: . Allow for the approval of the submitted zoning Atlas petition, and 2. Allow for greater flexibility in encouraging more non-residential developments within the Nodes. Staff compiled a Yst of recommendations and presented them at the February 4, 2DD9 regular meeting. The Board voted unanimously to: ~. Recommend an increase in the allo~rable acreage that would only apply to the Illlhite Cross Rural Community Activity Nvde, and 2. Recommend that the BCC authorize staff to develop a Small Area Plan for the Node. Please refer to Attachments Four (4) and Five (5) of the abstract-for a copy of the abstract and approved February 4, 2009 minutes. PR~P'aSAL: Staff is proposing to amend Sections} 4.2.8 and 4.2.9 of the ordinance as ~ollQw~: ~ . Amend Sections} 4.2.8 fib} ~4} Local Commercial I (LC~~) Dislricl and 4.2.9 fib} ~4} ~leigl~borhoo~ Commercial ll (~IC~~) Dislricl to increase the maximum allowable nqn- residentialdevelopment within Rural Community Activity Nodes to den ~~ D} acres, 2. Limit non_residential development within other Nodes to five ~5} acres ~i.e. Five ~5} acres of LC-~ and NC-2 zoning}, and 3. Include a provision allowing the passibility of additional non..residential development with the submission, review, and approval of a Planned development BPD} application in accordance with Article Sevin ~?'} Plannea~ Develo~amer~ls a the ordinance. Staff is not able to recommend a zoning text amendment that would impact development opportunities within only the U1lhite Cross Node as recommended by the Planning Board. All Rural Community Activity Nodes are treated the same within the Comprehensive Plan and, as a result, must be treated equally with respect to development regulations within the Qrdinance. '~Ilhile this amendment will not address ail development restrictions within every Nvde, it gill address an identified immediate problem within several of the rural nodes and allow staff the opportunity to complete a comprehensive reassessment of development constraints within all Nodes throughout the County. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding far the provision of County services. Nt~TIFIC,ATI~N PR~]CEdURAL REQUIREMENTS: As detailed within Article Twenty X20} amendments Section 20.5 of the Ordinance staff is required to cause a. J1lotice of the public hearing shat! be given by pubJr`shing said natr'ce at lean twice in a newspaper of general circulation in the County, statr'ng the lime and' place of such hearing and the substance of the prapose~ amendment. phis notice shall appear in said' newspaper for two successive weeks within the first notice appearr'ng not less than ten (~4~ days nor mare than twenty~five (25~ days before the date set far the public hearing. Staff has caused an advertisement to appear within the News of Grange and the Chapel Hill Herald on lay 5, 2009 and il~ay ~ 3, 2009 in accordance with this requirement. RECt~~II~ENCATI~]N: The Zoning ~fi:icer recommends the Board: ~ . Receive the staff initiated coning text amendment proposal including staff`s report and presentation materials, 2. Conduct the Public bearing and accept comments from all interested parties, 3, Refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners in time for the August ~ 8, 2009 BC~CC meeting, 4. Adjourn the Public Hearing until August ~ 8, 2009 in order to receive the Planning Board's recommendation. t,. ~ A~~achmen~ ~ 5 A RESOLUTION AMENDIPlG TFiE ORANGE COUNTY ZONING ORDINANCE ~~ 1T C~RDAINE~ BY THE BARD al~ CC~M1V11~~lUNER~ C~ ORANGE CGUNTY, NQRTH CAROLINA, hereby amends the grange County Zoning Ordinance by adding ~indicaled by double underlined language} and deleting vindicated by stricken through language} as follows: PART I: That Section 4.2.8 (b) (4) be amended as follows: 4 ' . . . • . ' ` r The maximum a~n.aunt of land zoned I~C~ ~ within. Ru~•al Con~.rn.~~ni Activi Nodes shall loe li~~.ited to ten o ac~•es with a five 5 acre limitation inn osed within other .Nodes s ecificall Rural Nei hbarhood and Ru~•al la.~dust~•ial Nodes as defined within the bran e Coup Com rehensive Plan. Additional rezoni~a Ana be ossible throe h the submittal rocessin and a royal of a Planned Develo ment in accordance with the rovisions of Article Seven 7 of the ordinance in situations where a Node has reached ca acit . Acreage limitations shad not apply to propert~r zoned E~.sting Coxnrnercial-V SEC-5) or planned developrr~ents. PART 11. That section ~4.~.9 fib} ~4} be amended as follows. 4 ' • r • r ~ } ^ ^ r . . .~ r . ` ' .The maximum arnount of land zoned NC-~ wit~.n Rural Con~nuni Activi Nodes shall be limited to ten l o acres with a eve 5 acre limitation im osed within ~ other Nodes s ecif call R~rral Nei hborhood and Rural Industrial Nodes as defined within the Oran e Coup Com ~•ehensive Plan. Additional rezonin n~a be ossible throe h the submittal ~•ocessin and a ~•oval of a Pla~.uaed I~evelo rent in accordance with the ravisions of Article Seven 7 of the Ordinance in situations where a Node has reached ca aci .Acreage limitations shall not apply to prope~.y zoned Existing Comn~.ercial~V ~C~S} or planned developments. lJpan oration of Carnmissianer ,seconded by Commissioner the foregoing Zoning Ordinance amendments were adapted this the day of , ~g49 and shall become effective upon adaptive. ____ Donna faker, Clerk,.Orange County Cornrnissioners Attachment Two (2) - Countv Nodes -Bingham TownshiK F 1 ~' i ~~ ~~~ ,~. Rural Neighborhood Node ~~~ l6~avv creek ' Un~~~~ected @~9~~~~she~ {~ C~ cane ~ ~~ro4ec~~~B a~~~she~ ~~aa~ ~~~ a~~' ra~'~ a~ ~~a~~. N ~ ~~. ~. ~ ~XaR ~g~~~~ ~~1 ~w.~ r,~ ~ ~,~, ~~ r Rural Neighborhood Node ~ ~~ ~~e~~ ~~s ~~'~ ~ ~~o e4 C~'~°~ ~~~' Oia ~~rdan ~~~~ Un~~~~ec~es9 a~ee~shee9 ~ ~ i ~Arthur,_Minni~ ~ Rural Neighborhood Node +~ rl N .~ r a 1~~ r r~ ' ~~~ r ' , ~ Nf ~~ 3V ,~~ z~µ ~ w ~~ r Vl r ~p r VI . r ~, ~ w ! ,~, ~ ~ ~. ~~ ~ ~r w Rural lndus~rial Node ~® ~~ ~~ ~ 1 ~u~protec~~d~~a~ers~ed ~ tics~~-~ i ' Rural Community Acfivity Node r A -~ ~~ ~~~Per Ego ~ 1 Pro4~c~~d a~~rs~ed Attachment Two (2) -County Nodes -Little River Township $ Attachment Two (2) -County Nodes -Hillsborough Township Attachment Two (2) -County Nodes -Cheeks Township 0'dr ee~~ G~ v ~\~~ Rural Neighborhood Node Cedar Grove Township ~x _., N086 m`a \ Ch~ s1To~nship ~kRoaa m}O Rural Neighborhood Node yU Lebanon Road Rural Neigk~borhood Node Rural Industrial Node us,~,o ~I~uckh~ .~~ -4Q/Is8$ ,~ ~ o~ o t•~````rg. ~ M 0 ~ ~'~: (~ i2 Attachment Two (2) -County Nodes -Chapel Hill Township C~~e Creed ~ro~ec~ed ~tershed ~~ ~~~~ II r~ 9 ~I f f -- ~ ~~~~ ~r ~_~ ~~ p ~~ ~ ~~~+w~~ ~r~ y ~~ ~~~ ~~~~~ ~, ~ s ~ i,r° :~ ~~ , i ,~ i r ~ ~ '}` i ~ i I (~ rv~, ;r,.. 1 - ~,r r E ,rr~ r "~t j t ~; ' ' k, Yr 4 I • / ` d ~ qr i '4 ' '~ I~ t .. 4 , t : ~ } a i 11 i. r Attachment Two (2) -County Nodes -Cedar Grove Township ®h ~c ~ee~ ~~e~~e e~~hed NC 86 r Hawkins Road ~pape~ ~~o ~~~~ecte~ Ra~e~she~ /1 ~ ~~otec4e~ a~e~shea J~ a ~~Ol ~~ /~?iG ~~'~~' :C ~G~ Rural Neighborhood Activity Node e 1~ e a ~ ve ~ ~-. .~~~h Lithe River Northern Human Services Center Rural Community ~"' Activity Node ~x ~~ ~awn~ i ~ l Road ,d/'° ~ ~aaar~ uauv~e~ ~ ~ ~ ~~.~g~~g~~ ~,~~~ ~~~r'Church,Road- ~awm~ll.Road ~ Pearson Road Rural Neighborhood Activity Node Schley Road ~~ ~a o ~~~~ ~~~r . v'c._ F9a4 ivea~ I~~~~ected ~~~ershe~ Rurai Neighborhood Activity Node /~~$ .....~~p MWIlryirN1A11N11NANiM IIIIAAl11~~wwM Ia11w IW~W~IN ~~ MY g~ ee ~ ~ ece e~~ e~ s '~ ~ ~"" ,,, , :. o~mh~br mw.~r~rwaa ~a~r~am~ d ~he Attachment Two (2) -County Nodes -Cedar Grove Townshi~a ~ Caswell County Rural lndustrial.Node H~co creek r~~sro4ected a4e~sh~d / I NC 49, o~ ~e ode ~ ~ ~ ~ ~ O d ~ V ~ ~ ~ ~ ~ O ~~ W Ca` St^Road ~ ~ _` l 11 Cheeks °f'ownshi ~C'86~ '~! [~. t' . ` ~` ~~ ~ ~ •. , ~• i {~ V V ~~ ~' ~j~[ I{~ 11 1~ ~~~I .o`'`~~~ r~l a ~~ a~ ~ 4w~~ ~~~ S^ ~~~uR L1~G ~~~~~~G r ~ • ~. ~Lr~ .Clti•llr : i ~ ~_ ~ r ~flandwMebane Small Area Plan was adopted In dune ~~4~ and Includes N ,; ~' ~ ~l plementation recarnmendations for water and sewer, land use, transportation, _! ha sing, parks, recreation and open space, corr~mun~cations, inter-governme al ~';! ~.~ ogre ents with Mebane, and design overlays far the US~ 7~ Corridor and land r~~ ~ ~ ~(7Wn C e, ~ :. ~~ ~ . NC NlGNW ~'~ SPFE~~~Y A~~A SM~Li A~~ FLAN. • M ~' ~~~ la: rea Pl far the 9~D~acre In ~ao~, Oran and purhan County completed a Small A ~~~ North Carolina l~way 57 Speedway Area..MThis area Is lac ed in the northeast .~ a',~ corner of Orange ounty near the border with Durham unty~ The area was .;. ,~ ::~ ~ ~ selected as an a o unity for further long-range pia Ong because of multiple , pp [ ti n 2 h .~~~~~ : . ~~ ., aca a } t e area s ~st~ bu esses of non-conforming s us, factors ~ ~ ex ng , ~ ,ti,~~ ~' ~;~ to encourage within a protected ware bed, and ~~ Orange unty's des~re ;`~;' ', compatible nonresidential evelapment that pro cts the existing rural character `.~~ ~ Qf the area, 1~he planning rocess Includ an identification of Issues and ~~°~ ~ ' ` ~~ ~cancerns far the area, public fe back thrv h scheduled meetings, and drafting :r ... f ~~ of the plan far public review and aside Linn. The plan includes nine goals far , ~~:~~ E guiding future planning el"farts in t ea, as well as objectives and policies far :~ :. +~ ~ ~ . Implementing the gams. ~: ~ ,i `~' .; The NC Uighway S~ Speedway Ar a Srna Area Plan was adapted y t e County ~~~ ~~ .1 ~ Commissioners in August ~D 7. The plementatian of recommendations .~~.f~~1~~1 included in the Plan is farthr~ing. P~kN7'~Y ST~~Y The Pantry Study was o ensure that subsequent deve pments were in accordance with municipal an aunty land use objectives and loci ed~participation from the Town of Hillsbor ugh. The plan established development tandards far transition a.r~as and add', anal protection far environmentally sensitiv areas. The plan was ap~raved b he ~~~~ in.luly, ~ ~8~, I~ev opn~ent of Small Area flans has allowed the County to take a ore detailed to at targeted areas in the County, The goals and ab~ectives of ese Plans rovide a foundation for Improving the County's Comprehensive plan o effect needed change in these locations, In general, these Small Area I'ia have highlighted the need far the County ta,1 ~ Pursue additional interlacal agree nts; ~} add add~tianal partners to the water and Sewer Management Planning d Boundary Agreement; ~~ amend the County's Land Use Map ~cantalned within t >~and Use >~lement~; and 4~ amend the County's honing Ordinance text and map for consistency and to implement the recnmmendatlQns that h~.ve been Included In the adapted Small Area plans. . ~;:~ ~~~. ~"~~ LAND 1~~~ PLAN "~ One Qf the fundamental planning foals used to achieve the stated goals and objectives of the Comprehensive Flan in orange County is the design and application of a hand Use Plan and Map. land Use dement irnplen~entatian is accomplished primarily through the application of caning, although a variety of land use ordinances are available for various aspects of implementation. Akey feature of land use planning in Orange County is the requirement far consistency between the hand Use Plan Map and the application of zoning. A caning pistrict Matrix identifies each of the Land Use Flan categories with carnpatible, . ~~ i .~ a r w~~ ~ C~~« a ~ ~ l v~ith the land E. ~Jl+~ LI~~M1,r • ~, if a coning district Is not cQmpatib e d 1. carrespand~ng ~vning d~str~ct -~onin cannot take place unless the ~,an cafe orY contained in the Matrix, re g ~ia~shi~ &~tween ~~~~ Use use g amended- (See Appe.~d~x ~': R~~a ~ llse flan Map 1s ~ ~~ ~ ori~s ar~d ,~anin~ ~ist~icts ~lgtr~x.} d use ~~~ ~ ra rime lan ' es the location of coordinated and app. p The .and Use Map denn articular car~b~natldn of Land uses es and is designed to accvmrnadate a p ~. The linl~age between the ~ ! class chieve a desired pattern of develapmen ent tv appropriate that would a as he! ed to guide new developrn ~ to the ~ 98~ ,Plan and xaning h p the County's ,sarong cammixmen s in the County. As a result of oal b staff, .the Planning location it can be and is used ~s a prlmarY ~ Y , land Use .plan i~iap, a-ion#~ s, The Map also provides lected officio{s during review of r . g o the locations in the Beard, and ~ t and staff with clear guidance ~ the development communi y date and where they are nQt. Gountywhere re~~on~ngs may be approp arses, which ' a are based on five basic categ M he land use categvr~~s used on the M p ~ tion s stem to meet the specific T fined into a more detailed classy ica Y se cote arses include have .been re he County. These five land u g development needs oft Land conservation, develop~ed~ trans~tivn, community, Tura , i~~.LUPEt~ f.ANC~ USA CA~'~G~B.iBS ~~ Ur~ 'ts of a town and, therefore, under and that, is within the corporate lirn~ l urisdiction pf the townN the planning and xQn~ng J Existin ~rba Activit Node ~~ esi Hated by the ~e'.wns of es ending to act~v~ty centers d g the Towns of .and corr p rbara and similarly identified far Chapel Hill a~-d !Car Hillsborough ~:nd Mebane. osed l~rban A,ctivit~de ~; • ~ ~ deli Hated by the Pro ra ased att~v~ty centers 9 hand, corresponding tap p v. Towns of Chapel Hill and Carrbvr N5lTic~N IAN USE GAT~Gt~i~1~S TRA 1 D-Year ~ransltian ~ races of changing from rural to , reas that are ~n the p her hi ~ i f g a ar n located suitable d lan ensities andlor intensities, that are ublic utilities urban d . d could be prav~ded with p ties an densities and/or intense ~ . 'ear hale of the plan update ar where . . ~ g Y p fi rst and services within the went or planned. Non ilities and services are already pr all area plans such ut ~ardanCe wit sm e im lemented in acc residential us ~' a be appropriate. d~vr overlay d~strECts m Y an ~~•Year Transiti+a.~t • he races of changing from rural to cated in areas that are ~n t p and should be d l i o es f.an densit an that are suitable for urban«type the second 1 g year urb ~ tilities and ser~rtces within , lic u provided with pub phase of the plan, rnmerc~a~ Transiti~an Activi~ Node hin either a ~ p-year Ga d an designated road intersections w t - • and .other ..... d f Qcuse ._ ..far reta~ l i _an ~ a that i s appropriate yr Zg-year transition are commercial uses. ~a~e 5-~ S , ~~~. ~~ ~[ ~~ ~~a~~~~ 5 ~ ~a~~ ~s~ .~`~~~e~ ~ ~~~~ L~i~rf' Commercial-industrial Transition Activit Nade land focused on designated road intersections within either a 1D~year ar ~D-year transitiar~ area Chat is appropriate for retail and other , commercial uses and/or manufacturing and other industrial uses. r Laanomic l,~evela meet ~"ransitlnn A,ctivi~ Node .land in transition areas of the County which has been specifically targeted for ecan+a~nic development activity consisting of light industrial, distribution, office, service/retail uses, and flex space atypically one-story buildings designed, constructed, and marketed as suitable far use as offices but able to accommodate other uses such as a warehouse, showroom, manufacturing assembly, or similar aperation5.~ Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. ~~3MMUNi~"Y LA~~ USA CAT~C~}~~ Rural Car~munit Activit N+ade land focused on designated road intersec~lons which serve as nodal crossroads far the surrounding rural camn~unity and is an appropriate location for any of the following uses: church, f ire station, small post office, schval, or other similar institutional uses and one or mere carnmercial uses RURAL t.ANp ~s~ CA7~~~R1~5 Rural duffer - land adjacent to an urban or transition area which is rural in character and which should remain rural, contain very law-density residential uses, and not require urban services during the plan period. mural Residential land in the rural areas of the County which is appropriate far law intensity and law~density residential development and which would not be dependent on urban services during the plan period. ricultu rat-Residential land in the rural areas where the prevailing land use activities are related to the land agriculture, farestry~ and which is an appropriate location far the continuation of these uses, mural Ne'r hbarhood Activlt Node land focused an designated road intersections within a Dural Residential ar AgriculturalwResidential area that is appropriate far small-scale commercial uses characteristic of "Mom and pvp'' convenience stores and gas stations. mural Industrial Activit Nade nand ~ focused an designated road intersections within a Rural Residential or AgriculturalMResidential Area thaC is appropriate for small scale industrial uses which do not require urban type services. Urav~iCausrtty Comjar~ehac~w~~~v Page 5-X6 ~. jt a ~;.; ~.~' ~ ~~ ... ..~?JS ~~'t. ~.ry. .. • :,1„ ;pt /~ • •... •~ ~.=:~r rah .':. 5:' ~ y~ . ~ t', '4a ur„~G ~,~; ••,~,~, ,s. , ,. . ~• l Lr~Y~~4~lf ~1 r~+~'+~~ ~~~ ~CM~~f~YF4~ Extra+ct~ue Use Land designated Co encompass apprations designed primarily fdr the mining and quarrying of those substances which are legally removable from the ground and substrata. A ricuitural Areas Land which is actively being used for farming an forestry purposes and which qualify far or are listed far, use value taxation purposes. Staney Creek Basin Land within the boundaries of the 4,~g~ acre Stoney Creek Drainage Basin southeast of the Town of Hillsborough In partiar~s of Hlilsbaraugh, Eno, and Chapel Hill Townships. The area is triangular in shape and is bound generally by IMS5 to the north, the University Spur of Southern Railroad to the east, and NC hiighway B~ to the west. C(~NSER~{ATi4N LAND USE CATECQRtES Public interest Area. Land which contains public ar quasi-public uses such as publicly awned land, research forests or known archaeological yr historical ~E1.e r~R , Vllater ~u 11atershed Land draining to existing reservoirs which serve as public water supplies, ar to potential reservoir sites or stream intakes for drinking water withdrawal which have been designated far prptecti+un ~.gainst threats to the water quality of future water supplies, in accordance with County watershed protection programs and the North Carolina 'water Supply 1N~tershed Protection Act of 1 g8g, watershed ~rlticaf Area The land area within one-half mile of the normal pawl elevation of an existing ar prappsed public water supply impoundrnen~, or the ridge line of the watershed, whichever is closest to the normal pool elevation of the reservair~ . Reservoir Land which can~al~s a public water supply source, ar the necessary attributes fog placement of a water supply irnpoundment to supply an adequate quality of water for public purposes. . Resa~urce Protectiar~ Area. Land designated as Primary Conservation Area which contains sensitive environmental resources, historically significant sites, and features eansider~d unlauildable because of their Ilrnitatians or unsuitability far development. This includes wetlands and fCoodplains along drainage tributaries, steep slope areas, ~~ S~ or greaten, natural areas, wildlife habitats and corridors, and significant historic and archaeological sins, These areas form the basis for a conservation network within which other land uses are situated, New ~a a creek Corridor ~ en S ace . ,. , .. .., _. . Sorne of the land in the Resource Protection Areas and a portion of the i~ublic interest Area designated a significant and worthy of protection according to tide blew Hape Corridor open Space Master Plan t~~~~Cc~~ Cc~r'e~~~~~ I~~ge 5~~~' .~ . r . r ..,r.,,, r... ......... .. . . ~ ........, ~... ,..... ~9 ~~l~~~~~ ~~ ~~'~~ ~~~ ~~~~~~~ ~ i C~tl t campleted in April flf ~ 9~~ , This classi~icatian i~ part of a system o~ open space in Durham and grange Counties slang New Tape Creek and its tributaries between Ana Rlver Sate dark and U,S. Army Corps a~ engineers land na~th a~~ordan .ake. The New Hope Corridor Upen Space is made up o~ critical environmental areas such as stream beds, ~ioadplains, steep stapes, and larger tracts oi~ historic, educational, or recreational value. far each land use classification, sets of criteria have been developed that describe the physical and environmental context, tl7e projected population change, and resulting land requirements. See A~pe~d~x G. ~.a~d Use ~la~t C'a~~~~ry ~.aca~~arral Map S•~: Land Use Maps designates the areas where these ciassi~icativns are applied. . ~, t~ f ~~ '_ ~~ ~' ~~ ~~~ 'i IIIE~s !` ,f 1 (~Fi UraiCot~.n~y Co~r~,he~~.ve~Q~v Page 5-78 ~~ Attachment ~ 21 aRANGE ~auNTY PLANNING BaARD AGTIaN AGENDA ITEM ABSTRACT Meeting Date: February 4, 2009 Actinn Agenda Item N~. ~~ SUBJECT: Review of options concerning development within Grange Count Nodes DEPARTMENT: Planning and Inspections ~ PUBLIC HEARING. 41(1N} No ATTACHMENT(S): INF'aRMATIaN CaNTACT: Name, Phane Number Michael D. Harvey, Planner 24v-~6~7 PURPaSE~ To review various options and timelines relating to possible amendments to the Orange County Zaning Ordinance clarifying development limitations within existing Nodes. BACI~GRaUND. The Land Use Plan N1ap of the Orange County Comprehensive Plan delineates the ~locatian of various Nodes throughout the County. One such category is the Rural Community Activity Node, defined within Chapter Five ~5}, Section 5.3 the future Land Use Flan of the Orange County 2o3o Comprehensive Plan as: Land focused on desr'gnated road intersections which serve a nodal crossroads far the surroundr'ng rural community and is an appropriate location for any of the following uses. churches, fire station, small post office, school, or other similar institutional uses and one or more cornn~ercial uses. Nonresidential zoning classifications allowed within the Rural Community Activity Nodes are limited to. Local Commercial One PLC- } and Neighbarhaod Commercial Two ANC-~} as detailed within Appendix E of the Comprehensive Plan. During the review of a recently submitted Zoning Atlas Amendment petition proposing the rezoning of additional property within the U1lhite Cross Rural Community Activity Node, staff informed the County Commissioners and advisory board members that Section 4.2.8 and Section 4.2.9 of the Zoning Ordinance establishes an overall limit on the amount of LC~~ or NC~ 2 zoned property within the Rural Community Activity Nodes. Staff recommended against the rezoning petition as the Ullhite Cross Nade was already at the established limit. During the public hearing, comments were made by BOGC members, Planning Board members, and staff indicating that there aught to be a comprehensive re-assessment of the existing Rural Gon~munity Activity Nodes 2~ On January ~ 4, 2U49 the Planning Board asked staff for an assessment on possible solutions to this problem that would; . Allow for the approval of the submitted honing Atlas petition, and 2. Allavu for greater flexibility in encouraging more non-~residen~ial developments within the Nodes, Staff has complied a list of recommendations, ranked based on the anticipated time for completion, for review and discussion. They are as fallaws: C]PTQN QN~: Do nothing and maintain the current constraints contained within the Ordinance. TIMELINE: None. PRO's: This option ~vill not require additional staff time to review and process an Ordinance amendment. CC]N's: Members of the County Commission and the Planning Board have indicated that the current methadolagy for regulating development within the Nodes ought to be modified. Applications in process that exceed present thresholds would be recommended far denial. (~PT14N TwQ: Amend Sections ~4.2.g and 4.2.9 of the Toning Ordinance to remove existing language establishing .the ..five ~5} acre limit on non- residentialzoning within the Rural Community Activity Nodes. The revised sections}would approximately read as follows: The maximum amount of land zoned LC-7 (or NC-2) at any Node shall not exceed nine (9) acres. TII~FLIN :~: This option is, potentially, the easiest to pursue. The implementation of this option involves the following timeline: ~ ~ Qevelopment of a formal ordinance amendment package ~cvmpleted by staffs approximately one ~~ ~ month, 2. Presentation at a Quarterly Public Hearing. All Ordinance amendments are required tv be presented at a Quarterly Public Hearing ~QPH}. The next available QPH would be the .. lay ~ 8, 2009 meting: .. .._ ...... .... ~ ...., .,..._. . ~. Referral of the proposed .amendment to the Planning Board far review and recommendation -approximately one ~~ to three ~3} months depending on board workload, 4. Review and action by the BOCC -~ approximately one ~1 ~ month, ~. Anticipated decision by BOCC: September ~ ~, 2099 Z~ The total timeline for the development and possible implementation of this optian is eight ~8} months. Staff would have to devote existing resources to develop and present this proposed amendment as well as generate ail necessary memorandums}, maps, and other support documents that may be required. PRO's: This option allows fora .measurable increase in the allowable non- residential development within the Nodes and could eliminate the need far local residents to commute to urban areas or centers ~i.e. existing local municipalities} in order to purchase necessities or take advantage of essential services, thereby reducing miles traveled and pollution. CQN's: The current land uses allowed within the LC-~ andlor NC~~ zoning districts are broader than what was originally envisioned for development within the Nades. Simply raising the amount of nan~ residential development within the Node does not address the issue of encouraging the type of development the County would like to see within the Nades. GENERAL Pa~TNC3TF: Staff also believes that if an increase is suggested that rural scale and architectural standards should be adopted. C3PTl~N THREE: Amend Sections 4.28 and 4.x.9 of the Zoning Ordinance to include language exempting the necessary active septic andlor repair fields from the acreage computation. The revised sectian~s} would read as follows: I1larmally, the maximum amaunl of land of any rode snail nal exceed nine acres, bul a maximum of 5 acres shall apply where populaliorr derrsily is lower and dislribuled mare widely than in the Trar~silion areas. ?~hls acreage ~~mi~a~ia~a shad r~o~ include phase areas necessary ~a supparl ~lae location of aclr'ver ar repair, septic fr'elds for identified permi~~ed nary-residential uses. T~I~ELNE: The implementation of this option involves the fol[awing timeline: 1. Development of a formal ordinance amendment package completed by staff} -~ approximately one ~~ } month, 2. Presentation at a Quarterly Public Tearing. All Ordinance amendments are required fio be presented at a Quarterly Public Hearing ~QPH}. The next available QPT would be the lUlay ~8, ~a09 meeting. 24 3. Referral of the proposed amendment to the Planning Board for review and recommendation ~ approximately one ~1 } to three ~3} months depending on board workload, 4. Review and action by the BCC -~ approximately one ~~ } month, 5. Anticipated decision by BCC: September 1 ~, 2409 The fatal timeline for the development and possible implementation of this option is eight ~8} months. Staff would have to devote existing resources to develop and present this proposed amendment as well as generate all necessary memvrandum~s}, maps, and other support documents that nay be required. PR~]'s: This option would keep the existing limitations in place but would allow far the required septic andlor repair areas for each parcel of property not to be included within the acreage limit calculation CNN's: This option represents a potential recardkeeping nightmare far staff. The County would be required to keep constant track of development on property to ensure compliance with the acreage limitations while at the same time keeping (rack of the acreage of commercial coned property not subject to the limitation. This option is not an effective means of regulating development within the Nade nor is it an effective means of encouraging additional development. ~pTI~N FOUR: Complete a Small Area Plan far the White Crass Node developing specific standards and guidelines governing development. TIlM1=L.IN~: The implementation of this option involves the following timeline: . Development of a formal proposal to initiate the Brnall Area Planning process for review and approval by the BC~CC -- approximately one ~1 }month, 2. Sanctioning of the Small Area Plan proposal by the B~JCC unknouun timeline. 3. Advertise the creation of a Small Area Plan Task Force to invite community representatives to participate in the Plan development -~ approximately one ~1}month, 4. Creation of the Task Force by the BC~CC -~ unknown timeline, 5. Community meetings... and outreach .developing the Plan ~- approximately six ~6} to nine ~9} months from date Task Force is formed, 6. Completion of Small Area Plan ~ approximately two ~2} months, ?. Approval of Plan by Task Farce - approximately one ~~ } month, 2S 8. Presentation of Plan to BCC and Planning Board ~- ~listorically, small area plans have been presented to the Bt~CC and Planning Board at a Quarterly Public Hearing with the Planning Board offering a recommendation within approximately two ~~} months, 9. Approval of Plan by BQCC -~ approximately one ~~ }month, ~ D. implementation of Qrdinance revisions unknown timeline. The tots! timeline for the development and passible Implementation of this option is unknown given the level of participation that will be required as part of the Small Area Plan process. Staff would have to devote significant time to coordinating an additional Task Force. This option may be mare difficult given the various goals and ab~ective staff has already been tasked to completing within the 2049 calendar year. , PI~C~'s: This option represents the most comprehensive planning effort to address development within the ~Illhite Cross Node. CaN's: The Flighway 57 Speedway Area Small Area Plan was completed within one ~~ } year, from approval of the Task Farce formation to adoption of the Plan by the BOCC. Amendments to the Zoning Qrdinance to implement the var'~vus recommendations outlined within the Plan are still pending. ~11lhile this process offers a comprehensive assessment of the various issues, and identified a broad spectrum of solutions, it is the most time consuming, option and does not lend itself to addressing immediate issues. This option alto does not allow for a comprehensive review of development issues within the various other existing Nodes. PNNA~CAL IMPACT: UVhile staff has the capability to complete tasks associated with the options detailed herein, any selected option will have to be weighed against the overall goals established by the BUCC for staff to complete this calendar year. RECa~1MENDATI~N~S~. The Zoning officer recommends the Planning Board focus on Option Two ~2}, as detailed herein, as the immediate solution to the problem at hand. Further, staff recommends the Board study the need for a Small Area Plan for the White Cross, and other existing, Nodes as a potential work item for a future calendar year. ~~ 1 2 3 4 5 7 S 9 ~D 1~ 12 ~3 14 ~5 ~~ ~7 ~S f9 2~ 2 22 23 24 25 2~ 27 2$ 29 30 31 32 33 34 35 3~ 37 38 3~ 4D 4~ 42 43 44 45 46 47 48 49 5~ 5 52 53 54 55 56 ATTACHMENT FIVE (5) - EXCERPT OF FEBRUARY 4, 2009 PLANNING BOARD MINUTES MINUTEB QRANGE CUUNTY PLANNING ~nARD FEBRUARY 4, 2409 REGULAR MEETING 27 MEMBERS PRESENT; Brian Crawford, Eno Township At~Large ~Chair~; Jay Bryan, Chapel H[Il Representative ~Vice- Chair~; Rachel Phelps Hawkins, Hillsborough Representative; Tommy McNeill, Eno Township Representative; Lary BobbinCooke, Cheek Township Representative; Larry Wright, Cedar Grove Township At~Large; Nathan Chambers, Cheeks Township At-Large; Judith Wegner, Bingham Township; Mark Marcoplos; Bingham Township AtwLarge, MEMBERS ABSENTS Jeffrey Schmitt, Cedar Grave Township; Samantha Cabe, Chapel Hill Township AtMLarge; Joel Forrest Knight, Little River Representative; STAFF PRESENT: Craig Benedict, Planning Director; Tory Alfieri, Comprehensive Planning Supervisor; Robert Davis, Planner [[I; Tina Love, Administrative Assistant II AGENpA ITEM ~ : REVIEW ~F OPTIONS CGNGERN[NG DEVELOPMENT WITHIN ORANGE CGUNTY NGnES Presenter: Craig Benedict, Planning Director Craig Benedict Reviewed various options and timelines relating to possible amendments to the orange County Zoning Ordinance clarifying development limitations within existing Nades.~ OPTION ONE: Da nothing and maintain the current constraints contained within the Ordinance. OPTION TwO: Amend Sections 4.2.8 and 4.2.9 of the Zoning Ordinance to remove existing language establishing the five ~5~ acre limit on non-residential zoning within the Rural Community Activity Nodes OPTION THREE: Amend Sections x.2,8 and 4,2,9 of the Zoning Ordinance to include language exempting the necessary active septic andlor repair fields from the acreage computation. OPTION FOUR: Complete a Small Area Plan for the U~h[te .Cross Node developing specific standards and guidelines governing development. Judith vllegner: Could you clarify how many nodes are there in the County? Craig Benedict: vllhite Cross, Cedar Grove, Carr, Caldwell and Schley. Judith Wegner. If you did a text amendment, it would apply to all those? Craig Benedict; we could just do Ul~hite Cross for now. A text amendment with a specific reference to white Cross. Judith wegnerr You would have two classes of rural activity nodes? Craig Benedict: Yes but implemented at the zoning level, Judith 1Negner: [have been thinking about Bingham Township with the airport proposal and wondered if it would be possible tv do a more developed township analysis. Craig Benedict: I think the staff recommendation is to do something immediately and put it on the future calendar to examine all the nodes. Option three would be next. ZS Judith Wegner; Could you clarify on that issue also. It has been a real concern to the community with the situation with Fiesta Grill. lam wondering about whatever is done to this application, would that have a bearing on the situation there? Craig Benedict; Cptian two could correct that. Judith Wegner; They have a health department issue because with the number of tables, they were exceeding their septic space. Craig Benedict; Let's move to Option 4 a full SAP would be tifne consuming' and not on the Board ~ of County Commissioners o9-1 g priority list, Those are the options. Brian Crawford; It sounds like Uption 3 settles the problem also, Craig Benedict; Yes For the grill Dark Marcoplos: The instigator of this is the prope~y with the used furniture store? In terms of the Fiesta Grill, they have enough land if they are allowed to go beyond the 5 acres? Craig Benedict: They would have to ask for an expansion of their commercial use or a planned development would be required since the Fiesta Grill is an the same site with another use on the site. Mark Marcoplos; The projection would be September 5, ?409 but also an additional time period for them to work out those issues? Craig Benedict; Yes probably, Judith Uvegner: If there is a solution here, people should know about it and support it. Mark Marcoplos; Gould be a few months after that. Going from f ve to nine acres, it would seem that the larger facilities could be located there? Craig Benedict: You may have the one or two acre commercial activities there. That is why the future plan could take a good look at it. It has always been intended that the rural activity nodes could be some locations for rural residents to decrease the miles traveling to the urban areas and would have more general stores and uses. We were going to take a look at post comprehensive plan update, It was on our agenda o examine these nodes, Mark Marcoplos; I would like a little note that if an increase is suggested that rural scale and architectural scale should be adopted, Judith Wegner; what is magic about nine acres? Craig Benedict; It is not a magic number; we used nine because that is what the code said if it ever reached a certain density standpoint in the future. If the board would like to come up with. a different number, we would want to try to have a little mare logic to it. Judith Uvegner. It seems it would be too bad to move it to~nine~and~then~in~ later move it ta~another number.ry~It would ~~~ be fair to everyone who was thinking of locating there to have some grounding as to why . Craig Benedict; what types of uses to you anticipate there? if we do came up with a standard, we might say x mount of acres for developed parcels, Mark Marcoplos; is there a rnnmum that would. satisfy bath of them. Maybe we do .minimum and. get what they need and as soon as possible start this process where the con~n~unity could het involved and decide uuhat they want. Judith vl~egner: That community is aware and has a feeling of being pushed and pulled. ~J Jay Bryan: (don't live there but if I did, l would feel comforfiable with addressing fihe individual situation. This particular situation, the Fiesta Gri(I, is what spurred this in part. The second piece is that if white Cross wanted to do a community plan for more acreage for that node, we would engage in a process that could be Local. l am concerned about these other nodes, what people fee(in those communities and haw they would react to an expansion. 1 don't feel comfortable doing a broad change over the other nodes without mare study. Mary Bobbitfi-Cooke; I thought we were also looking at Option 4 as a followYup down the road? I think we are answering everyone's concern. Brian Crawford: (have heard fror~ the comments that the Planning Board is supporkive of the change to meet the needs of the merchants, including the Fiesta Grill, and the second is thatwe also agree on the further plan farvllhite Cross and the third issue is that we do not want to expand that tv all the other nodes because we want them to react to this change and how it may affect them. Jay Bryan: You may not need to go to the third one. Judith vllegner: Between two and three, can you clarify since there is a distinction about not applying fio the other nodes that is a broader sweep and would take longer compared to three which is the one with the septic systems. Mary Bobbitt Cooke: I think option 3 had record keeping problems that there is not staff to keep up with. Larry wright: 1 think that is right. Judith v1legner: Number 2 would say limiting instead of all rural nodes; it would be this specific Wade. Larry wright vvhere was the nine and seven acre? Brian Crawford; Staff suggested nine acres and Judith asked about that number. l~oT~v~ Planning Board recommends option 2 with the understanding that the modification would only apply to the white Cross rural Wade as well as moving forward with option four ~4} at the first opportunity specifcal(y as tv developing a small area plan for white Cross node by Judith wegner. Seconded by Larry wright Mark Marcoplos Can we discuss this, briefly. I just want to ask again. Do we know what those two property owners needs are? Craig Benedict; lt's only one acre for Mr. Davis. Mark Marcoplos: He only needs one. Craig Benedict: For Fiesta Grill, I do not know offhand, but (wouldn't think its more than two acres. Mark Marcoplos: And they've got f ve there. Judith wegner; If I remember correctly, they can't accommodate it on the parcel awned by the guy who's leasing it, the (and to there. That's why I wasn't sure as to item 2 by saying you could have a larger commercial node. I think that gets you someplace but there still would have to be an additional leasing of the adjacent property to accomrnadate the septic. Jay Bryan: How abautsaying up to the minimal amount that's needed to correctthose two situations up to a r~aximum amount. Mark Marcoplos: Do you see what l'm getfiing at? (just don't want open the door to bigger stuff when later on the community might say, no we only want six acres or seven acres. (don't know if that's important but it might be, ~V l.~J 17~ 171 X72 173 174 175 17~ 177 178 179 ~8~ 181 X82 183 X84 185 18~ 187 188 Craig Benedict; 1 think the guard was saying, the minimum to meet the needs of these two situations up to a maximum. Judith Wegner: I just think it's hard to draft an ordinance if you don't put a number in it. I don't know what.further 'rnvestigatioh is needed tv determine that but let me try it one mare time, N{oTION Planning Board recommends option two ~~~ with the understanding that it,would not apply to other rural nodes and that if the staff is able to determine that something short of nine ~9~ acres would be sufficient to meet these two ~~~ pressing needs that the ultimate recommendation to the Board of County Commissioners would be reduced accordingly and that we further recommend that option. tour ~4} be pursued to develop a small area plan for the white Cross node as soon as feasible, Seconded by Larry bright, VOTE: Unanimous Judith Wegner: who will talk to the Fiesta Grill people? Craig Benedict: ~Ilichael Harvey has been working with them. Judith wegner; with the economy it is important to keep local business alive so that is great.