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HomeMy WebLinkAboutORD-2007-016 - Land Use Element Text Amendment - 10-Year Transition Areaso61D-adv~~ai~ 5-~~ -a. oc~ 7 i ORANGE COUNTY ~, , ,3 BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 21, 2007 Action Agenda Item No. C.3 SUBJECT: Land Use Element Text Amendment -10-Year Transition Areas DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Proposed Land Use Element text amendments 2. Map depicting 10-Year Transition areas in the County INFORMATION CONTACT: Craig Benedict, 245-2592 Perdita Holtz, 245-2611 PURPOSE: To consider making text amendments to the Land Use Element regarding 10-Year Transition areas. BACKGROUND: The existing Land Use Element definition for 10-Year Transition areas does not allow for non-residential uses in the transition areas (see attached map for location of the 10-Year Transition areas within Orange County). One of the recommendations of the Efland- Mebane Small Area Plan (EMSAP) is to allow commercial development in certain areas along the Highway 70 corridor and to allow'for conversion of some residential structures to office type uses. These types of uses are not permitted under the existing land use definition. The proposed text amendment would amend the definition of the "10-Year Transition" category in Section 3.3 to potentially allow non-residential uses in designated 10-Year Transition areas in accordance with adopted small area plans and/or zoning overlay districts. (See attachment for the existing and proposed definitions). Additionally, the Land Use Element's "Zoning District Matrix" in Section 4.0 would be amended to designate appropriate zoning districts for the 10- YearTransition areas. The proposed amendments are consistent with the recommendations contained in the adopted EMSAP. The 10-Year Transition areas in the vicinity of Hillsborough would also be affected by the amended definition. However, the definition requires that norr-residential uses would be permitted only in accordance with adopted small areas plans and/or zoning overlay districts. Therefore, until such time that these actions are completed fora 10-Year Transition area, applications for non-residential uses would not be consistent with the definition. .•ta:n;:`.':+~::c (QRnnn.,~Or=<.I :1! ~~:..:d.li:(!o:nma.'.gi~:..'~,:.PII I:Pi;a:emi: i~~t':Pi..'!I'!,: `.:r~~+hni~i: >ir,,;,;;in: PROPOSED AMENDMENTS TO THE TEXT OF THE LAND USE ELEMENT Page 3.3-2. Change 10-YEAR TRANSITION definition. Current definition: 10-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the first 10-year phase of the Plan. Proposed definition: 10-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban densities and/or intensities, that are suitable for ;•.e-hi her densities and/or intensities and sheulcLcould be provided with public utilities and services within the first 10-year phase of the Plan update or where such utilities and services are alrea~ present or nlanned Non-residential uses implemented in accordance with small area plans and/or overlay districts made app tp late. "Clean" Proposed Definition: 10-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban densities and/or intensities, that are suitable for higher densities and/or intensities and could be provided with public utilities and services within the first 10-year phase of the Plan update or where such utilities and services are already present or planned. Non-residential uses implemented in accordance with small area plans and/or overlay districts maybe appropriate. 5 AGRICULTURAL RESIDENTIAL. Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). Ri1RAL COMMUNITY ACTIVITY NODE. Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL INDUSTRIAL. Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is I-1 (Light Industrial). PUBLIC INTEREST AREA. These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). ECONOMIC DEVELOFMENT ACTIVITY NODE: Identifies areas in Transition areas of the County which have been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office,. and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning district is ED (Economic Development). 4.1-1 (6 N L Q O .~ C C6 F- C~ ~- r~ O U m c c~ O RD w SCHOOL N ~_ din d N ~ V$~y UJ O T Of N y~µry 7 n JV O O r~ ~ c C ~° m ~o•g~ ~ c~ ~p¢p S $ Z ca xv s `~.. ~ o ~ c i_+ LL r L Q r W ~„ .~ J U ~ ..a`.. ~o©~ Melvin Stanley asked if there would be a list of potentially permissible uses. He specifically referred to concerts, car shows, and animal shows. He encouraged staff to bring a list. that would be sensibly usable, provided that reasonable guidelines are followed. Commissioner Jacobs suggested a word change on goal #5 on page 28. He suggested, "Air quality issues shall be an infegra! part of any future permit reviewed within the Study Area:' He said that, as far as participation in the task force meetings, no one was precluded from speaking: He said that everyone that attended felt quite free to speak. Melvin Stanley said that he did not mean to imply this. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to refer this item to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 21, 2007. VOTE: UNANIMOUS 3. Land Use Element Text Amendments: Text Amendments to Section 3.3 entitled "Land Use Plan Categories" to amend the definition of the "10-Year Transition" category and to Section 4.0 entitled "Implementation and Evaluation" to amend the "Land Use Element-Zoning District Matrix." Planner Perdita Holtz made a PowerPoint presentation. Land Useflement Text Amendment Quarterly Public Hearing May 21, 2007 Purpose. of Proposed Amendment: Td potentially allow non-residential uses in designated 10-Year transition areas in accordance with adopted small area plans and/or zoning overlay districts. ~ Revisions to two (2) sections of the Land Use Element are needed ^ Section 3.3 -Land Use Plan Categories ^ Section 4.1 -Overview of Implementation Strategies ~ Section 3.3 Proposed Revision -Change the definition of 10-Year Transition as follows: 10~YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban densities andlor intensities, that are suitable for urban~tvpe Higher densities anchor intensities and should could be provided with public utilities and services within the first 10~year phase df the Plan update or where such utilities and services are alreacly.present ar planned: may be appro rip ate. • Section 4.1 Proposed Revisions -Change the existing "County Residential Transition" category into two (2} categories -one for 20-Year Transition, one for 10-Year Transition. ~ The County Residential Transition (20-Year Transition) would have no change. • The information for County Residential Transition (10-Year Transition) would be changed to read as follows: COUNTY RESIDENTIAL TRANSITION '10-Year Transitior~, Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non-residential Gtses_imnl_e__n7ented in_acrordance wikh small area. lans andlor overlay districts may be aopronriateN The applied zoning districts include: R-1 {low density); R-2, R-3, and R-4 {medium density); and R-5, R-8, and R-13 {high density) residential uses, ar~d 7__oni~ Overlay Districts. Recommended Next Steps: ~ Hear any public comments tonight . ~ Refer the proposed text amendments to the Planning Board for a recommendation {June 6, 2007 Planning. Board meeting) ~ Return to the BOCC for adoption consideration at the June 26, 2007 regular meeting ~ Continue with other EMSAP Implementation Recommendations (i.e., Highway 70 Corridor Zoning Overlay District which will require Zoning Text and Map Amendments) Brian Crawford asked about the zoning overlay district and Perdita Holtz said that it is an overlay to the zoning maps for a specified area, where certain activities would be allowed if special standards were met. County Attorney Geof Gledhill said that it also can be an area over which there are additional, more restrictive requirements, so it can be expansive or restrictive. Brian Crawford asked if there were other overlay districts and Perdita Holtz said that all of the watershed protection areas are overlay districts. Each overlay district is different and would have its own specific requirements. Judith Wegner said that she is confused as to why the amendments are being made before there is any context with the new comprehensive .plan. Perdita Holtz said that this is a fairly minor amendment, and the comprehensive plan update is expected to last at least two more years. In the meantime, there are small area plans where people want to implement the concepts. Renee Price-Saunders made reference to Hillsborough and the orange areas on the map. She asked when the 10 years started for the 10-year transition areas. Perdita Holtz said that technically the 10 years is probably already up because the comprehensive plan was adopted in 1981. She said that these areas were where water and sewer were supposed to be extended, and that has not happened yet. It is a land use category. Jay Bryan said that the Planning Board would have another opportunity to discuss this with the staff.. Commissioner Gordon made reference to the REDA and said that there is a critical difference between how the REDA would work here and the way it would work in the County in terms of performance standards. In the 10-year transition area, there is supposed to be water and sewer; whereas in a REDA, there would not be water and sewer. She said that the big issue is whether or not to have non-residential development in the 10-year transition areas. Perdita Holtz said that the Efland/Mebane implementation focus group has been working on a US 70 corridor overlay zoning district text. The boundaries of the overlay district would not be the entire orange area, but would be a portion along US 70. Commissioner Jacobs pointed out that in the REDA, it is specified that no water and sewer will ever be available. This is one of the specific standards. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to refer the proposed text amendment to the Planning Board for a recommendation to be returned to the County Board of Commissioners for consideration at the June 26, 2007 regular meeting. VOTE: UNANIMOUS Chair Carey said that he forgot to mention at the outset of the meeting that item C-6 has been removed from the agenda. Commissioner Jacobs recognized Mebane City Council Member Edward Green, who has been working with Orange County on the Efland/Mebane Small Area Plan. 4. Sedimentation and Erosion Control Ordinance: The North Carolina Department of Environment and Natural Resources -Land Quality Section has completed a technical audit of the County's Erosion Control program and suggested 15 amendments/changes. Erosion Control Officer Terry Hackett made this presentation. Revisions to the Orange County Soil and Sedimentation Control Ordinance Quarterly Public Hearing May 21, 2007 Orange County Erosion Control • State Delegated Local Program • Conducts Program Countywide • Original Ordinance Adopted in 1975 • Ordinance has been Revised 13 Times • 12 of 13 Revisions Resulted from Changes in the State Model Ordinance Proposed Changes • State Model Ordinance has been Revised • Technical Audit of Orange County's Program Conducted by the State in 2006 • State Subsequently Requested Changes in the County's Ordinance to Match the State Model Ordinance Proposed Changes -Topics • Ground Cover • Intent • Notice of Activity Initiation • Preconstruction Conference • Required Revisions • Civil Penalty Assessment Factors • Notice of Civil Penalty Assessment • Hearing • Final Decision • Appeal of Final Decision • Credit of Civil Penalties • Graded Slopes and Fills • Financial Responsibility and Ownership • Land Disturbing Activity • Area Inspection Section 8 Mandatory Design & Performance Standards B. Graded Slopes and Fills