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HomeMy WebLinkAboutORD-2007-201 - Planning -Land Use Element Text Amendment – 10-Year Transition Areas 08-21-2007-4uc) OR ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2007 as C) Action Agen a Item No. SUBJECT: Land Use Element Text Amendment —10 -Year Transition Areas DEPARTMENT: Planning Department PUBLIC HEARING: (YIN) NO ATTACHMENTS: 1. Proposed Land Use Element Text Amendments 2. Map Depicting 10 -Year Transition Areas in the County 3. Excerpt of July 11, 2007 Planning Board Minutes 4. Memo from Staff Regarding Effect of Proposed Amendment on Areas Outside of the Efland 10 -Year Transition Area INFORMATION CONTACT: Craig Benedict, Director, (919) 245 -2592 Perdita Holtz, Special Projects Planner, (919) 245 -2611 PURPOSE: To consider adoption of text amendments to the Land Use Element regarding 10- Year Transition areas, as presented at the May 21, 2007 Quarterly Public Hearing. 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 adopted 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- Year Transition areas. The proposed amendments are consistent with the recommendations contained in the adopted EMSAP. The amended text would also apply to the 10 -Year Transition Areas in the vicinity of Hillsborough. However, the definition requires that non - 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 for a specific 10 -Year Transition area, applications 2 for non - residential uses would not be consistent with the definition and, therefore, would be inconsistent with the Land Use Element. The fact that the definition requires additional implementing measures before changes could potentially occur 'on the ground' is the safeguard that is built into the proposed Text Amendment. Therefore, although the 10 -Year Transition Areas in the vicinity of Hillsborough are included in the overall Land Use Category text changes, there would be no. actual change from what is currently permitted unless a small area plan and /or zoning overlay district were adopted for this specific area of the County. The concept is that even though various areas of the County are designated as the same Land Use Category, specific areas may have unique attributes that are addressed through the regulations that implement the Land Use Element (i.e., Zoning and Subdivision regulations). The Small Area Plan process as it relates to land use can be summarized as follows: 1. Small Area Plan is written and adopted 2. Implementing Amendments are written and adopted. Land Use Implementing Regulations normally can consist of the following: a. Land Use Element Text Amendments b. Land Use Element Map Amendments c. Zoning Ordinance Text Amendments d. Zoning Ordinance Map Amendments e. Subdivision Regulation Amendments It should be noted that a specific Small Area Plan may recommend amendments to any or all of `a' through `e' above and that there can be numerous amendments that are implemented over time as conditions become appropriate. Small Area Plans can also make recommendations to topics other than Land Use and Zoning, such as Transportation and Utility Provision. In the case of the proposed Land Use Element Text Amendments now being considered, there are other ways that the recommendations contained in the Efland- Mebane Small Area Plan could be implemented. However, those other methods would require much more extensive revisions to the Land Use Element Text and would also require revisions to the Land Use Element Map, which would be a much more extensive process than a text amendment. County staff chose to recommend that a Land Use Element Text Amendment be proposed since it could efficiently implement a recommendation contained within an adopted Small Area Plan and could also be written in such a way that there would be zero net effect on other areas of the County that are designated as the same Land Use Category. The Planning Board considered the proposed text amendment at its regular meeting on July 11, 2007. The Planning Board voted 6 -3 in favor of recommending approval of the text amendment. (Planning Board vote -'Yes': Crawford, Knight, Lasris, Pelissier, Quinn,. Schmitt; 'No': Bryan, Goodwin, Price; Absent: Kempinski, Wegner). FINANCIAL IMPACT: There is no direct financial impact in amending the Land Use Element Text. Staff time has been accounted for in the departmental budget. RECOMMENDATION: The Manager recommends that the Board adopt the Land Use Element text amendments as presented. Attachment 1 3 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 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 may be appropriate. "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 may be appropriate. Attachment 1 4 (Section 4.1) The zoning districts applied to each of the Land Use Element categories as presented in the Land Use Element - Zoning Districts Matrix are as follows: COUNTY RESIDENTIAL TRANSITION (20 -Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. 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. COUNTY RESIDENTIAL TRANSITION (10 -Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non - residential uses implemented in accordance with small area plans and/or overlay districts may be appropriate. 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, and Zoning Overlay Districts. COUNTY COMMERCIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC -1 (Local Commercial); NC -2 (Neighborhood Commercial); CC -3 (Community Commercial); GC-4 (General Commercial); OI (Office and Institutional); and ED (Economic Development). COUNTY INDUSTRIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of industrial activities would be appropriate and allowed. The applied zoning districts include: I -1 (Light Industrial); I -2 (Medium Industrial); I -3 (Heavy Industrial); and ED (Economic Development). CHAPEL HILL AND CARRBORO TRANSITION. On November 2, 1987, a Joint Planning Agreement was adopted by Orange County and the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans prepared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County- Chapel Hill - Carrboro Joint Planning Land Use Plan. Reference should be made to the appropriate municipal ordinance and zoning map for a description of the districts and applicable development standards. Under the terms of the Joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible for permit administration within their respective Transition Areas. RURAL BUFFER. Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL. Identifies rural areas to be developed as low intensity and low density. residential. The applied zoning district is R -1 (low density) Residential). A 1 A Attachment 1 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). RURAL 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 DEVELOPMENT 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). A 1 G Q ' a w ' b a ... a � 0-4 w N 0 N A � O ri •O Chi � � R O � a A U � N U a �d „ �,aa a`id a � d ' O 1 O "d C d ps ' V Z a O [~ O o O z p Z z •p Z z tvr •� "d c'� .^ '? c0 .�+ �" Ca •Q moo •i~ '� •'�' ~ ~ rr77 a�WU adaO�Gf�AdUF� +�UFUFf�dtiO4Zdp4dUVdP4dUdUU►�Z m Ic v N n Eo Q lfY� �N d � 1 � A Qf C LO Or C A C_ 00 C T Q � d d d VV WW O � W � C � �3 C 0 i L L r x� ` a W J A U 1 Attachment 3 8 EXCERPT FROM JULY 11, 2007 APPROVED PLANNING BOARD MINUTES (Only the portion of the minutes addressing the proposed Land Use Element Text Amendment is included below) Agenda Item 11: QUARTERLY PUBLIC HEARING REFERRALS a. LAND USE ELEMENT TEXT AMENDMENT —10 -YEAR TRANSITION AREAS Presenter: Perdita Holtz Perdita Holtz: Reviewed amendment. Craufurd Goodwin: is it necessary to do this in advance of the Comprehensive Plan or can we wait? Perdita Holtz: The reason we are doing this in advance is that the Efland- Mebane plan has been adopted and since the whole comprehensive plan process was derailed, there is desire to move forward on the adopted small area plan. Renee Price: Why can't it happen in the Efland Mebane Small area only? Perdita Holtz: The Land Use Element designates the area as a 10 -year transition area so we need to modify the definition because only residential uses are allowed now. The definition would apply to any 10 -year transition area of the County. We have written the language so that it applies but you have the other implementing regulations before you could actually do anything. We feel it is a good way to protect the areas around Hillsborough from unintended non- residential uses. Jeffrey Schmitt: What do you mean by protect? Perdita Holtz: Renee had a concern at the Quarterly Public Hearing that she feels that it would allow non - residential uses around Hillsborough which is not the case unless there was a small area plan adopted for the 10 -year transition area around Hillsborough and implementing regulations were adopted. Renee Price: Why can't you do it the other way around? Perdita Holtz: It would require an amendment to the Land Use Element map. Renee Price: It is going to change any way. Perdita Holtz: In the next year or so. Attachment 3 0 Renee Price: Why can't the Small Area Plan (SAP) supersede the 10 year transition which doesn't exist anyway and just forget the 10 year transition area? Perdita Holtz: The County has an adopted Land Use Element that designates it as a 10 year transition area Orange County tries to make decisions consistent with the Land Use Element. Renee Price: Why can't the SAP be an overlay to that area? Perdita Holtz: It would still require a modification to the Land Use Element map and the decision was made to not go that route since there are going to be modifications to it in the next year. The language is such that unintended consequences are not expected to occur because you have to have zoning implementing regulations to allow any type of non - residential use. Renee Price: Is there any reason we can't sunset this whole phase of a 10 year transition area? Perdita Holtz: I have a feeling it will be a sunset as part of this whole Comprehensive Plan Update. Renee Price: You still want us to change the definition within that category. Brian Crawford: Is there a definition for a SAP in the Land Use Element? Perdita Holtz: No Craufurd Goodwin: Is it going to be easier to allow our neighbors to open a gas station? Perdita Holtz: No. Not in Hillsborough. There will not be zoning regulations adopted for the Hillsborough area that will allow that to happen. It will remain as it is now. Craufurd Goodwin: That is for the Town of Hillsborough. Perdita Holtz: Transition areas are zoned by the County and ETJ's are zoned by the town. Renee Price: The process is backward and it is too related to other things we are trying to do. Perdita Holtz: What are your ideas to rectify your concerns? Attachment 3 10 Renee Price: I think the notion of 10 -year transition should go away and be eliminated. We are trying to make a vision for Efland- Mebane, which I think is fine, but what if what we propose now has nothing to do with where things would be later with zoning categories. Perdita Holtz: The Land Use Element definition would change but there would be no way that someone outside the overlay district could apply for something non - residential. Jay Bryan: There is a difference opinion or concern about these issues. If we did not approve this, how long would it take the Efland Mebane plan to be implemented in a way that allows what has been recommended to occur? Perdita Holtz: If the Planning Board recommends non - approval, it would go to the Board of County Commissioners anyway. If they voted it down, we would work with County Management to see how they want to proceed. We may be able to do a map amendment. Craig Benedict: At the August meeting, we will discuss some of these implementing items that are part of the Efland Mebane SAP that will be on the August Quarterly Public Hearing. Let us try to plot out some options. I think you could make a decision tonight on this issue but give us some time to sketch out our thought process. Jay Bryan: Could you create a transition area with its own definition for Efland Mebane area? Perdita Holtz: It would require a Land Use Element map amendment because the map has it as a 10 year transition area. Craig Benedict: We are suggesting a zoning overlay. Jay Bryan: I don't think that is a concern but more about the implications of other areas. MOTION made by Brian Crawford to accept the Proposed Amendments to the Text of the Land Use Element on page 69 -70. Bernadette Pelissier seconded. VOTE: (6 Ayes; 3 Opposed (Jay Bryan, Renee Price, Craufurd Goodwin) MEMORANDUM Date: August 10, 2007 Attachment 4 11 To: Orange County Board of Commissioners From: Craig Benedict, AICP, Planning Director and Perdita Holtz, AICP, Special Projects Planner Subject:: Effect of proposed Land Use Element amendment on areas outside of the Efland 10 -Year Transition area This memo is intended to address the concerns Planning Staff heard from a few Planning Board members regarding the a the proposed tan Area. Element text amendment on areas outside of the Efl and are The Land Use Element Map designates areas in Efland- Mebane and around Hillsborough as 10 -Year Transition Areas (see Attachment 2 — Map). The proposed Land Use Element text amendment is the next step in potentially allowing non- residential uses in 10 -Year Transition areas (see typical process below). it is important to note, however, that the language of the proposed amendment would allow non- residential uses implemented only in accordance with BOCC adopted small area plans and /or zoning overlay districts. non-residential de t al use's would potentially a allowed n would have to be adopted before on 10 -Year Transition areas. The typical steps to implement planning changes are as follows: 1. Small Area Plan is written and adopted 2. Land Use Element text is amended if necessary 3. Land Use Element map is amended if necessary 4. Zoning Ordinance text is amended if necessary 5. Zoning Atlas (Map) is amended if necessary 6. Petitioner makes Application for project Even within the Efland- Mebane 10 -Year Transition area, potentially allowing non- residential uses throughout the entire 10 -Year Transition area is not being proposed. The Zoning Overlay District that is scheduled to be heard at the August 27, 2007 Quarterly Public Hearing includes specific boundaries for potential non - residential uses along the Highway 70 corridor, not throughout the entire area designated at 10 -year Transition on the Land Use Element Map. Under current Orange County process and procedure, additional Zoning implementing regulations are necessary to potentially allow non - residential uses in any 10 -year Transition area, regardless of the Land Use Element text. While Planning Staff understands that believe that thepaoposedb regarding proposed text amendments, adequately guards , against unintended changes in 10 -Year Transition areas. o 7 r. Commission for Women (CFW) Bylaws Amendment u The Board considered reviewing and amending the Commission for Women's Bylaws to include a mission statement, delegation of hiring and supervisory duties, and other minor changes for the purpose of clarification. Laura Blackmon introduced Shoshanna Smith, new Director of the Office of Human Rights and Relations. Commissioner Gordon said that she spoke with Geof Gledhill before the meeting to clarify something on page 6, article 6, section 3, Absentee Votes; also on page 8, article 9, section 6. She asked if this was a common practice and Geof Gledhill had suggested that this be sent back to the County Attorney for clarification. Commissioner Gordon said that she was not familiar with this procedure of voting by proxy of boards and commissions and neither was Geof Gledhill. Geof Gledhill said that his guess is that these by -laws in their original form pre -dated the open meetings requirements for boards and commissions. He said that he will work with the staff on this. The Board deferred action on this item. t. Schools Adequate Public Facilities Ordinance (Schools APFO) — Re- approval of Capacity Numbers for Orange County Schools (Elementary Level) The Board considered re- approving the November 15, 2006 capacity numbers at the Elementary level for Orange County Schools. Commissioner Gordon said that she talked with Planning Director Craig Benedict about this. She made reference to page 4 and said that almost all of the calculations have changed, especially noticing the significant decrease in the capacity for Hillsborough Elementary School. The total membership has also decreased from 3,072 to 3,006. She also wanted staff to double check the numbers when the K -3 class size is changed from 23 to 21. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the revised November 15, 2006 Membership and Capacity numbers as submitted by Orange County Schools on June 29, 2007, and authorize the Chair to sign the form for inclusion into the certified 2007 SAPFOTAC Report, with the provision that staff will double check the numbers when class size is decreased. VOTE: UNANIMOUS u. Land Use Element Text Amendment — 10 -Year Transition Areas The Board considered adoption of text amendments to the Land Use Element regarding 10 -Year Transition areas, as presented at the May 21, 2007 Quarterly Public Hearing. Commissioner Gordon said that this is one of the methods to implement the Efland- Mebane Small Area Plan and was passed by a 6 -3 vote by the Planning Board. She said that she has some of the same concerns as the people who voted against it, such as, if the small area plan is defined in the land use element, and that it was such a big fix for the implementation. She asked if there was some other way to implement the small area plan without making this change in the transition area. She said that this is a fundamental change in the way Orange County approaches planning and zoning if there are non - residential uses implemented in the transition area. She suggested consolidating this item into the Quarterly Public Hearing item. Craig Benedict said that several options were examined on how to implement the changes. With a comprehensive plan and a land use plan, there is a very generalized list of definitions. A land use element definition of transition still is a countywide definition, and a change to have non - residential uses in what was typically a residential transition area would only be activated at such time a small area plan is brought forward that is adopted and zoning G7 and text amendments that are specific to the Efland area. The Planning Board had concerns about this and the application in Hillsborough. He said that it would not have any application in Hillsborough until such time that a small area plan was adopted in the perimeter of Hillsborough. He thinks that there are adequate protections. Laura Blackmon suggested that Commissioner Gordon look at this as a process. She said that this will have to go through each step. Commissioner Gordon said that she thought it was premature. Commissioner Jacobs said that he has participated in this group representing the Board for several years, and this is a very grassroots group. He said that the group has hashed out everything that is discussed and have often challenged what the staff recommends. He said that this is an area that could actually support economic development. This small area plan only deals with the Efland- Mebane area and it provides the County with another opportunity to promote small business. Rather than wait another year or more until the comprehensive plan update is completed, this could be put into effect sooner. He thinks that this is a good opportunity to move forward. Commissioner Foushee agreed with Commissioner Jacobs. She asked about the negative impacts to passing this now. If there are none, she has no problem with moving forward. Chair Carey said that he thought about this, and he could not come up with any negative impacts because this is just a first step in a process. Commissioner Nelson said that his concern is that this is a land use issue and a definition change, and he would have felt more comfortable if it had come to the Board as a regular agenda item, particularly since there was a split vote. Commissioner Gordon said she would support what Commissioner Nelson said about having it in the regular agenda. In the future, for split recommendations from the Planning Board, she asked that the item be put on the regular agenda. Chair Carey said that setting agenda items as consent versus regular agenda was a decision by the Chair and Vice -Chair in consultation with the Manager. He did not believe that recommendations by advisory boards would have to be unanimous before they went on the consent agenda. He thinks that it is a decision that the Chair and Vice -Chair make during the agenda review process. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve adoption of text amendments to the Land Use Element regarding 10 -Year Transition areas, as presented at the May 21, 2007 Quarterly Public Hearing. VOTE: Ayes, 4; No, 1 (Commissioner Gordon) Commissioner Jacobs said that this was discussed at agenda review, and it was decided to leave it as a consent item because the County Commissioners have no problem pulling items off. This poses a problem, though, because the public may not know about items that are pulled off. v. Comprehensive Plan Update — Amendments to Update Process The Board considered amendments to Phase II of the adopted Update Process to incorporate Clarion Associates' contractual Scope of Services. Commissioner Gordon made reference to page 6, 7, 9, and 10. On page 6, Task 4: Present Comprehensive Plan and Revise, she suggested adding that the consultant should be available when staff checks in with the County Commissioners in March, 2008. She would like the consultants to be available to the County Commissioners as necessary. On page 9, 8 -c, she suggested that it state, "Staff /Consultant check -in point with BOCC early March, 2008." M19 k •A Also, on page 10, the 2nd Public Hearing and Plan Adoption, she said that it is conceivable that it might take more than one meeting. On page 7, she suggested that item C say, "Max of two meetings" as opposed to "one meeting." Tom Altieri said that what is provided on attachment 1 is the Contractual Scope of Services that the Board of County Commissioners has already approved. Attachment 2 is the amended phase 2 process to incorporate what has already been approved in the scope of services. The scope of services addresses only what the consultant will do through this process, whereas the amended process includes both consultant tasks, staff tasks, and advisory board tasks. He thinks that asking the consultant to check in with the County Commissioners would be fine. He thinks that Roger Waldon of Clarion would be willing to attend the meetings throughout the process. Commissioner Gordon said that if that could be informally understood, then she is okay with it. Geof Gledhill said that if Clarion wanted a change in the contract, then Tom Altieri could bring it back. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to adopt the proposed amendments to Phase II of the Update Process to incorporate Clarion Associates' contractual Scope of Services, with the stipulation that Clarion will attend the meetings to update the County Commissioners. VOTE: UNANIMOUS x. Approval of Orange County's School Construction Standards The Board considered approving Orange County's School Construction Standards. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Orange County School Construction Standards, with the exception of Appendix 5, which is not yet formulated. Donna Coffey clarified that these are the construction costs that will be formulated this fall based on the most recent construction project. VOTE: UNANIMOUS 5. Public Hearings -NONE 6. Regular Agenda a. NC Highway 57 Speedway Area Small Area Plan (SAP) The Board reviewed the recommendations of the Economic Development Commission and the Planning Board for the final draft NC Highway 57 Speedway Area Small Area Plan and considered adoption of the plan. Craig Benedict said that this is an effort of the Economic Development Commission, Planning Board, staff, and two County Commissioners to look at this area. The small area plan is about 930 acres, with 38 different parcels. Public comment was received at the May 21 sc meeting, and it was forwarded to the Economic Development Commission, which voted unanimously. The Planning Board also voted with a super majority vote. This is the first step of a potential six -step process to make planning changes in the area. The Manager recommends proceeding with the adoption of the Highway 57 Small Area Plan. There will be an update on the other steps next week. PUBLIC COMMENT: Steve Yuhasz urged the Board of County Commissioners to adopt this SAP, which will provide the County with additional opportunities for economic development and a non- residential tax base.