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HomeMy WebLinkAboutORD-2008-014 - Zoning Ordinance Amendment of Planned Development review & approval proceduresBARRYJACOSS, CHAIR ORANGE COUNTY BOARD OF COMMISSIONERS E P. F , V /CE - POST OFFICE BOX 8181 JR CHA /R MOOSES S CAREY, ✓R ALJCEM. GoRooN MIKE NELSON 200 SOUTH CAMERON STREET HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BOARD OF COMMISSIONERS CERTIFICATION OF THE ORANGE COUNTY ZONING ORDINANCE ORANGE COUNTY, NORTH CAROLINA CLERK'S CERTIFICATION aRIV -- .20 0OVI- 0//4/1 d%vrer,�eor 4 -3 -dg I, Donna S. Baker, County Clerk of the County of Orange, North Carolina, hereby certify that the attached is a true and correct copy of the document entitled "Land Use Element of the Orange County Comprehensive Plan" as amended through June 3, 2008 and as included in the minute book of said County. This the 3 I day of June 2008. 4&&a4= Donna S. Baker County Clerk u 9� CbmP)e�-c COVI d i N JuN� 3, www.co.oranae.nc.us Protecting and preserving — People, Resources, Quality of Life Orange County, North Carolina — You Count! (919) 245 -2130 . FAX (919) 644 -0246 yz A,w b."q 0 a aI =JAI ►1[C-i =Wa slivil �j w. BARRYJACOSS, CHAIR ORANGE COUNTY BOARD OF JR COMMISSIONERS E P. FOUSHEE, VICE-CHAIR MOOSES S CAREY, POST OFFICE BOX 8181 M. CORDON MIKE NELSON 200 SOUTH CAMERON STREET MIKE NE HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BOARD OF COMMISSIONERS CERTIFICATION OF THE ORANGE COUNTY ZONING ORDINANCE ORANGE COUNTY, NORTH CAROLINA CLERK'S CERTIFICATION A,4Py4ved lo- 3;--X- dP Z/ -z- I Tn 0 \h �atia% I, Donna S. Baker, County Clerk of the County of Orange, North Carolina, hereby certify that the attached is a true and correct copy of the ordinance entitled "Orange County Zoning Ordinance" as amended through June 3, 2008 and as included in the minute book of said County. This the 3'd day of June 2008. Cap`.. Ca 41nle�e .0 V tj koccc f"R 1 N Old L Donna S. Baker County Clerk www. co. orange.nc. us Protecting and preserving — People, Resources, Quality of Life Orange County, North Carolina — You Count! (919) 245 -2130 • FAX (919) 644 -0246 "C-E -ORDiNAIl al y yz Attachment 1 O AMENDMENTS TO THE ORANGE COUNTY ZONING ORDINANCE (Only those sections or subsections amended are set out below) BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance by adding (indicated by double underlined language) and deleting (indicated by stricken through language) as follows: Proposed 'Amendment: Part 1 7.2.4 imposed Conditions The Board of County Commissioners its agencies, or the petitioner may impose ro ose such conditions upon approval of a Special Use Permit for a Planned Development District as will afford 1. Conformance of the development and use of the site to County ordinances, the officially adopted Orange County Comprehensive Plan, any adopted Small Area Plan .relevant to the Property and any other relevant adopted plan. 2. Those conditions that address the impacts expected to be generated by the development or use of the site `�I , , weld- ensuFe t'17'R't s�JubstanRntiaT-justiee is done an equitable tFe atment nre�viti� ��rnsamrcrcusrrrcnrP�ry a-rQ Only those conditions mutually agreed upon by the Coin and the petitioner may be incorporated into the zoning regulations I or special use permit requirements. The petitioner shall agree in writing to all applicable conditions prior to a final approval of the application. Proposed Amendment: Part II 7.2.5 Special Use Required For Each Planned Development Within the Planned Development District only those uses authorized by Article 4 as permitted in the zoning district with which the PD corresponds shall be permitted, and all other requirements of the corresponding district shall be meta In Attachment 1 (@ addition, within a PD no use shall be permitted except pursuant to a Special Use Permit authorized by the County Commissioners which shall specify the use or uses authorized as required in Article 8.8.23. If the petition is approved, the County Commissioners shall issue a Special Use Permit authorizing the requested use with such feaser+able conditions as agreed upon pursuant to Section 7.2.4 of this Ordinance. the gOVeFRing body determine to he desiFable in PFDFA +tine publin heath safety and welfaFe The authorization of a Special Use Permit in any Planned Development District for any use which is permitted only as a "Class B" special use in the zoning district which corresponds to the Planned Development District shall preclude any requirement for Board of Adjustment approval but shall be approved by the Board of County Commissioners. Proposed Amendment: Part III 7.5.4 Zoning Officer's Recommendations At such time as further conferences appear unnecessary, or at any time on request of the applicant, the Zoning Officer shall prepare a written report to the Planning Board and Board of County Commissioners, containing the following findings: a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; Attachment 1 0 d) As to the suitability of plans proposed or the desirability of amendments; e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the I articular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Based on such findings, the Zoning Officer shall recommend approval of the PD amendment proposed, approval conditioned on agreed upon modifications or disapproval, with recorded reasons therefore. All recommended conditions or modifications shall be reviewed and agreed upon by the applicant and the County. Board of Commissioners in accordance with the provisions of Section 7.2.4 of this Ordinance. Proposed Amendment: Part IV 7.5.5 Actions by Planning Board: Board of County Commissioners Actions by. the Planning Board and Board of County Commissioners shall be as provided for amendments generally. (See Article 20.) The Board of County Commissioners may grant the application in accordance with PD and other applisable -Go=unk-regulations as provided in Section 7.5 or may approve the application with conditions Section 7.24 or may deny the ap lication. Upon motion of Commissioner seconded by Commissioner , the foregoing Zoning Ordinance amendments were adopted this the 3 day of C' , 2008 and s 1 Donna Baker, Clerk, 0 § 153A -342. Districts; zoning less than entire jurisdiction. (a) A county may divide its territorial jurisdiction into districts of any number, shape, and area that it may consider best suited to carry out the purposes of this Part. Within these districts a county may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general or special use districts; special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit or a conditional use permit and conditional zoning districts, in which site plans and individualized development conditions are imposed. (b) Property may be placed in a special use district, conditional use district, or conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to the districts may be proposed by the petitioner or the county or its agencies, but only those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site - specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to county ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district, or a conditional district, or other small -scale rezoning. (c) Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. (d) A county may determine that the public interest does not require that the entire territorial jurisdiction of the county be zoned and may designate one or more portions of that jurisdiction as a zoning area or areas. A zoning area must originally contain at least 640 acres and at least 10 separate tracts of land in separate ownership and may thereafter be expanded by the addition of any amount of territory. A zoning area may be regulated in the same manner as if the entire county were zoned, and the remainder of the county need not be regulated. (1959, c. 1006, s. 1; 1965, c. 194, s. 2; 1973, c. 822, s. 1; 1985, c. 607, s. 3; 2005 -426, s. 6(b).) G.S. 153A -342 Page 1 eA4W a240,15'- a/ �/ y Z- Commissioner Carey said that the meeting on August 191h will be loaded as well, and the Board would have to discuss it at a subsequent meeting, which would push the timing out even further. m Chair Jacobs said that the deadline for getting this on the November ballot is August 29. The next meeting after August 19th is in September. He suggested putting this on the agenda for June 24th for discussion. Al z. Zonina Ordinance Text Amendment: Planned Development Review and Approval Procedures The Board considered accepting additional evidence, if any; accepting the Planning Board recommendation; closing the public hearing; and adopting the proposed amendments to several provisions contained within "Article Seven (7) Planned Development" of the Zoning Ordinance. Commissioner Gordon said that she removed this item because it does not really lend itself to being on the consent agenda. Geof Gledhill said that the public hearing is closed on these two text amendments and the Planning Board's recommendation is included. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve administration's recommendation to accept the Planning Board recommendation and adopt the proposed amendments to the Zoning Ordinance pertaining to Planned Development review and approval procedures. VOTE: UNANIMOUS aa. Zonina Ordinance Text Amendment: Telecommunication Wireless Facility The Board considered accepting additional evidence, if any; accepting the Planning Board recommendation; to closing the public hearing; and adopting the proposed amendments to four sections /articles of the Orange County Zoning Ordinance concerning the review, approval, and development of telecommunication wireless facilities. Commissioner Gordon noted that the legislature made changes. She asked if this was all that was changed and if anything had changed in scope and Craig Benedict said no. A motion was made by Commissioner Carey, seconded by Commissioner Gordon to accept additional evidence, if any; accept the Planning Board recommendation; to close the public hearing; and to adopt the proposed amendments to four sections /articles of the Orange County Zoning Ordinance concerning the review, approval, and development of telecommunication wireless facilities. VOTE: UNANIMOUS bb. Request to Schedule a Public Hearing for June 24 2008 on SUP- A -2 -08 Farm Montessori School Application The Board considered scheduling a public hearing for the June 24, 2008 regular meeting to review the SUP- A -2 -08 Farm Montessori School application. Commissioner Gordon said that the notice was defective last month, and she understands the urgency of getting this back on, but asked if there would be time to consider it, since the June 24th meeting will have a full agenda.. Chair Jacobs said that the Board would deal with this that night and try to keep comments to a minimum. He said that it would be a shame to penalize the applicant since a mistake was made. ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting-Date: February 25, 2008 Action Agenda Item No. U-Q SUBJECT: Zoning Ordinance Amendment of Planned Development review and approval procedures DEPARTMENT: Planning and.lnspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): . 1. Proposed Ordinance Amendment 2. NCGS 153A -342 INFORMATION CONTACT: Name, Phone Number Craig Benedict 245 -2592 Michael Harvey 245 -2607 1 PURPOSE: To amend several provisions contained within "Article Seven (7) Planned Development" of the Zoning Ordinance in order to insure compliance with State law concerning conditions . of approval proposed during the approval process of Planned Development (hereafter "PD ") applications. BACKGROUND: Staff has determined that changes made to Chapter 153A of the NC General Statutes during the 2005 legislative session have created a discrepancy between the County's current Zoning Ordinance and State statutes regarding the process for placing conditions on the approval of Planned Development ( "PD ") applications. State regulations, specifically NCGS 153A -342, allows for the placement of conditions on PD applications by the County or the petitioner but only: ... those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements.' Further, NCGS 153A -342 limits the imposition of any condition to those that are designed to address the: ' ... conformance of the development and use of the site to county ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.' . Within the County's Zoning Ordinance, specifically "Section 7.2.4 Imposed Conditions," the establishment of conditions on PD applications occur in the following manner: The Board of County Commissioners may impose such reasonable conditions upon approval of a Special Use Permit for a Planned Development District as will 2 afford protection of the public health, safety, and general welfare, ensure that substantial justice is done and equitable treatment provided. Section 7.2.5 Special Use Required For Each Planned Development, also references the imposition of conditions for a PD request, specifically: If the petition is approved, the County Commissioners shall issue a Special Use Permit authorizing the requested use with such reasonable conditions as the goveming body determine to be desirable in promoting public health, safety and welfare. In reviewing this language, staff believes that the be complaint with current State law. Staff props Ordinance as proposed on Attachment 1 in or continue to work on additional modifications tc proposed to the Board in December of 2007. FINANCIAL IMPACT: None current process requires revision in order to ,ses to amend the existing sections of the !er to address this discrepancy. Staff will the County's PD regulations as originally RECOMMENDATION(S): The Zoning Officer recommends that the Board(s): 1. Receive the proposed amendments, 2. Conduct the Public Hearing 3. Refer the amendment package to the Planning Board for review and comment with a request that a recommendation be submitted no latter than April 2, 2008 3 AMENDMENTS TO THE ORANGE COUNTY ZONING ORDINANCE (Only those sections or subsections amended are set out below). BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning Ordinance by adding (indicated by double underlined language) and deleting (indicated by stricken through language) as follows: Proposed Amendment: Part 1 7.2.4 esed Conditions The Board of County Commissioners, its agencies or the petitioner may impose rp opose such reasonable conditions upon approval of a Special Use Permit for a Planned Development District as will afford conformance of the development and use of the site to County ordinances and the Comprehensive Plan and that address the impacts reasonably expected to be generated by the' development or use of the site. of the PubliG health, safety, general welfare, emw e that substantial i� � inc is Anne and eq itab{e-- tfeatment pFevided. •O•"nlvJ those conditions mutually agreed upon by the County and the petitioner may be incorporated into the zoning regulations or special use permit requirements. The petitioner shall agree in writing to all applicable conditions prior to a final -approval of the application. Proposed Amendment: Part II 7.2.5 Special Use Required For Each Planned Development Within the Planned Development District only those uses authorized by Article 4 as permitted in the zoning district with which the PD corresponds shall be permitted, and all other requirements of the corresponding district shall be met. In addition, within a PD no use shall be permitted except pursuant to a Special Use Permit authorized by the County Commissioners which shall specify the use or uses authorized as required in Article 8.8.23. q If the petition is approved, the County Commissioners shall issue a Special Use Permit authorizing the requested use with such reasenable conditions as agreed upon pursuant to Section 7.2.4 of this Ordinance. he -gee .ems^ body and w6lfaFe, The authorization of a Special Use' Permit in any Planned Development District for any use which is permitted only as a "Class B" special use in the zoning district which corresponds to the Planned Development District shall preclude any requirement for Board of Adjustment approval but shall be approved by the Board of County Commissioners. Proposed Amendment: Part 111 7.5.4 Zoning Officer's Recommendations At such time as further conferences appear unnecessary, or at anytime on request of the applicant, the Zoning Officer shall prepare a written report to the Planning Board and Board of County Commissioners, containing the following findings: a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; d) As to the suitability of plans proposed or 'the desirability of amendments; e) As to the adherence to PD or general regulations or as to desirable specific modifications in PD or J general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Based on such findings, the Zoning Officer shall recommend approval of the PD amendment proposed, approval conditioned on agreed upon modifications or disapproval, with recorded reasons therefore. All recommended conditions or modifications shall be reviewed and agreed upon by the aonlicant and the County Board of Commissioners in accordance with the provisions Of Section 7.2.4 of this Ordinance. Proposed Amendment: Part IV 7.5.5 Actions by Planninq Board: Board of County Commissioners Actions by the Planning Board and Board of County Commissioners shall be as provided for amendments generally. (See Article 20) The Board of County Commissioners may grant the application in accordance with PD and other applicable -Coup regulations as provided in Section 7.5 or may approve the application with conditions attached-- anaroved in accordance with the requirements of Section 7.2.4, or may deny the application. Upon motion of Commissioner seconded by Commissioner the foregoing Zoning Ordinance amendments were adopted this the day of , 2008 and shall become effective upon adoption. Donna Baker, Clerk, Orange County Commissioners In, 153A -342. Districts; zoning less than entire jurisdiction. (a) A county may divide its territorial jurisdiction into districts of any number, shape, and area that it may consider best suited to carry out the purposes of this Part. Within these districts a county may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general or special use districts; special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit-or a conditional use permit and conditional zoning districts, in which site plans and individualized development conditions are imposed. (b) Property may be placed in a special use district, conditional use district, or conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to the districts may be proposed by the petitioner or the county or its agencies, but only those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements. Conditions and site - specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to county ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a special or conditional use district, or a conditional district, or other small - scale rezoning. (c) Except as authorized- by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. (d) A county may determine that the public interest does not require that the entire territorial jurisdiction of the county be zoned and may designate one or more portions of that jurisdiction as a zoning area or areas. A zoning area must originally contain at least 640 acres and at least 10 separate tracts of land in separate ownership and may thereafter be expanded by the addition of any amount of territory. A zoning area may be regulated in the same manner as if the entire county were zoned, and the remainder of the county need not be regulated. (1959, c. 1006, s. l; 1965, c. 194, s. 2; 1973, c. 822, s. 1;'1985, c. 607, s. 3; 2005 -426, s. 6(b).) G.S. 153A -342 Page 1 p� a�rcz� Chair Jacobs said that the remaining items would be deferred to the next public hearing. He asked Craig Benedict to walk the Board through page 4 of the agenda abstract. Craig Benedict said that the staff received the application for Planned Development and Class A Special Use Permit. Part of the package was the Zoning Officer's assessment of the report. As part of that report, the staff also submits for evidence the County's existing zoning code or land use element and EDD Manual. The staff conducted at least part of the public hearing on the applications tonight. Item 4 is when the Board intends to adjourn this meeting to a time certain to hear additional public comment. The process timelines are on the bottom of page 4. The staff suggests that on March 5th some additional questions can come forward in writing so that the developer can answer those questions or staff can research in the short-term. Depending on when the Commissioners would like to decide on this item, there is a timeline that sets up when the various meetings can occur. It is recommended that this meeting be adjourned to a time certain where the Planning Board would have to come back and meet jointly with the County Commissioners at a regular meeting of the Board of County Commissioners. At that time, staff would be able to provide any additional information that they have uncovered. Also, it's very important to understand that the special use permit part of this — all of the evidence and all of the information that comes forward needs to be held very closely so that the information can be spread equally to all parties concerned (elected bodies, appointed bodies, developer, and the public). Chair Jacobs suggested trying to put this item back on the agenda on April 1 st. The Board agreed. A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to adjourn this meeting (11:08 p.m.) to April 1st at 7:30 p.m. at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. VOTE: UNANIMOUS The meeting was adjourned at this point, so the below items will be on the re- convened meeting on April 1st 2. Zoning Ordinance Text Amendments: a. Telecommunications Towers: Amendments to promote consistency with December 1, 2007 revisions to NC General Statutes concerning Wireless Telecommunications Facilities. b. Planned Development: Amendments to address inconsistencies between existing ordinance requirements and NC General Statutes, specifically the requirement that imposed conditions be mutually agreed upon by the County and petitioner. Barry Jacobs, Chair Donna S. Baker, CIVIC Clerk to the Board