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HomeMy WebLinkAboutORD-2007-202 - Planning - Comprehensive Plan Update – Amendments to Update Process 08-21-2007-4vQqk- c�7. ©6'r` adoi ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2007 Agenda Item No. SUBJECT: Comprehensive Plan Update - Amendments to Update Process DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y /N) NO ATTACHMENT(S): INFORMATION CONTACT: 1) Contractual Scope of Services (for reference) 2) Proposed Amendments Tom Altieri, Comprehensive Planning 3) Update Timetable Supervisor, 245 -2579 PURPOSE: To consider amendments to Phase II of the adopted Update Process to incorporate Clarion Associates' contractual Scope of Services. BACKGROUND: At its October 3, 2006 meeting, the Board of County Commissioners (BOCC) approved a process for updating the Comprehensive Plan as well as the various roles of County staff and advisory boards during the update. Furthermore, the BOCC compressed the proposed timetable for completion of the update and offered the use of a consultant, if necessary, to help complete the project. However, the process that was adopted did not address how a consultant might be used to partner with staff and advisory boards to complete the draft Plan. At its June 26, 2007 meeting, the BOCC authorized a contract with Clarion Associates to provide consulting services during Phase II. For reference, Attachment 1 provides the contractual Scope of Services that defines the work that Clarion is to perform. Staff and the Planning Board are proposing amendments (Attachment 2) to Phase II of the adopted Update Process to reflect the role of Clarion Associates as defined by the contractual Scope of Services. The revised process may be used as a reference for the BOCC, advisory boards, staff and the public to track the project and help understand what is to take place. Staff has coordinated with Clarion Associates and Comprehensive Plan Element Managers to prepare the proposed amendments. PLANNING BOARD — At its August 1, 2007 meeting, the Planning Board reviewed the proposed amendments and voted unanimously to authorize staff to recommend the proposed amendments to the BOCC for adoption. In general, during Planning Board discussion of the amendments, the following points were expressed: • Some concern that the schedule is tight but also support for the process and the need to complete the Update in a timely manner; and • Element Lead Advisory Boards need to remain involved in the development of their respective Element(s) to the greatest extent permissible. 2 Attachment 3, "Comprehensive Plan Update Timetable ", has been revised only for consistency with proposed process amendments. This Timetable reflects no changes to the targeted outreach, public hearing, and adoption dates that were established by the timetable approved by the BOCC in November 2006. FINANCIAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board adopt the proposed amendments to Phase II of the Update Process to incorporate Clarion Associates' contractual Scope of Services. Attachment 1 Contractual Scope of Services Task 1: Reconnaissance /Data Collection Contractor: A. INTERVIEW ELEMENT MANAGERS AND COLLECT DOCUMENTS FOR SYNTHESIZING (Maximum of 7 meetings) • Using the general Table of Contents (attached to Contract) as a general guideline, meet with Element Managers to review and collect pertinent documents for synthesizing. Comprehensive Planning Supervisor will also attend these meetings. • Receive any guidance that Element Managers may have to offer for synthesizing. - B. IDENTIFY GAPS AND DEVELOP DETAILED TABLE OF CONTENTS FOR EACH ELEMENT (Maximum of 7 meetings) • Review documents that have been collected and identify any missing components that should be included in the draft Elements. • Meet a second time with respective Element Manager(s) and Project Management Team to develop recommendations on how to fill any identified gaps in data or information, not policy. • Draft detailed Tables of Contents for each individual Element. County Staff: • Collect pertinent documents for synthesizing, meet with Contractor and provide guidance. • With Contractor, develop recommendations to fill data and information gaps. Deliverables: • Detailed Table of Contents for 7 Elements.. • Gaps identified and recommendations to fill. Schedule: Upon contract execution, initiated immediately and completed by end of September 2007 Authorized by BOCC on June 26, 2007 Task 2: Advisory Board Meetings Contractor: A. JOINT ADVISORY BOARD MEETING • Participate in Joint Advisory Board meeting (October 2007) to "kick -off" the beginning of Phase II activities. (1 meeting) • Coordinate with the Dispute Settlement Center (consultant hired to facilitate some meetings) and Project Management Team to prepare for meeting and collect meeting notes /documentation following the Joint Advisory Board Meeting. (2 meetings) B. ELEMENT LEAD ADVISORY BOARD MEETINGS (Maximum of 7- meetings) • Meet once with each Lead Advisory Board to present a detailed draft Table of Contents for that Board's individual Element. • As a partner with Element Managers, convey gaps and recommendations for filling them. • Prepare a memorandum summarizing the feedback provided by each Advisory Board. • Revise draft Table of Contents for the Comprehensive Plan as directed by Element Managers, taking Advisory Board feedback into consideration. • Convey Advisory Board preference for filling gaps to Project Management Team. C. PLANNING BOARD MEETINGS (Maximum of 3- meetings) • Appear with staff to provide updates to the Board on the progress of the overall project and the Elements in which the Planning Board does not play a lead role. County Staff: • All arrangements and meeting materials for Joint Advisory, Board Meeting. • Coordination between Dispute Settlement Center and Contractor. • Coordination of Lead Advisory Board Meetings. Deliverables: • Documented feedback from Advisory Boards • Final draft, detailed, Tables of Contents for 7 Elements. Schedule: Completed in October and November 2007. Authorized by BOCC on June 26, 2007 Task 3: Formatting /Assembling Comprehensive Plan Contractor: SYNTHESIZE DOCUMENTS • Coordinate with Element Managers to collect any material prepared by county staff to fill identified gaps, as directed by the Project Management Team. • Following standardized formatting guidelines (to be developed by Element Managers and approved by the Project Management Team) and the Table of Contents that were completed for each Element, synthesize documents into a draft Comprehensive Plan. • Adopted County Profile Element shall be inserted-into the draft. County Staff: • Complete and convey any material required to fill gaps as instructed by the Project Management Team. • Provide formatting guidelines. • Provide, in agreed upon format, Sections I -V of the Comprehensive Plan, as described in Attachment 1. Deliverables: • 120 black- and -white copies of Draft Comprehensive Plan based on detailed Tables of Contents developed for each Element and general Table of Contents (i.e. Intro., Planning Principles, Admin., and Monitoring) for overall Comprehensive Plan (Attachment 1). An electronic copy shall also be provided on CD. Schedule: Completed by end of February 2008. Authorized by BOCC on June 26, 2007 6 Task 4: Present Comprehensive Plan and Revise Contractor: PRESENT, WITH ELEMENT MANAGERS, DRAFT COMPREHENSIVE PLAN TO LEAD ADVISORY BOARDS (Maximum of 7 meetings) • Prepare a memorandum summarizing feedback provided by Advisory Boards. • Revise draft Elements as directed by Element Managers, taking Advisory Board feedback into consideration. • Revise any remaining sections of the Comprehensive Plan not contained within an Element, as directed by the Project Management Team, taking Advisory Board feedback into consideration. County Staff. • All required community outreach and notification. • Coordination of Lead Advisory Board Meetings. • Review draft Comprehensive Plan and provide a consolidated list of staff suggestions for revisions. Deliverables: • Memorandum summarizing feedback from Advisory Boards. • One revision of the Comprehensive Plan to reflect Board feedback and staff suggestions. • 40 color copies of Final Draft Comprehensive Plan for Public Hearing. An electronic copy shall also be provided on CD. Schedule: Completed by mid -April 2008 Authorized by BOCC on June 26, 2007 Task 5: Public Meetings Contractor: A. PUBLIC HEARING (1- meeting) • Attend Public Hearing and participate in the presentation. B. PLANNING BOARD MEETING (1- meeting) • Attend Planning Board meeting to receive their recommendation on the Comprehensive Plan. C. BOCC CONSIDERATION (1- meeting) • Attend the BOCC meeting for the consideration of the Comprehensive Plan Update. County Staff: Deliverables: • All required notification and advertisement. • Follow -up, additional revisions to the Comprehensive Plan as directed by the BOCC following the Public Hearing. • Preparation of materials and presentations related to BOCC action on the Comprehensive Plan following the Public Hearing. • PowerPoint Presentation for Public Hearing. Schedule: Task 5A completed May 2008; Task 5B completed June or July 2008; and Task 5C to be completed August 2008 Authorized by BOCC on June 26, 2007 Attachment 2 Comprehensive Plan Update Process Proposed Amendments to Phase II Note: The Comprehensive Plan Update Process that was approved by the Board of County Commissioners on October 3, 2006 did not address the use of consulting services. The proposed amendments to Phase II of the Update Process incorporate the appropriate portions of Clarion Associates' contractual Scope of Services into the Update Process. Proposed amendments are "tracked" (AO underlined text is new). Phase 11, Remaining Elements Developed: 1) Consultant Reconnaissance /Data Collection (July -Sept. '07 a) Interview Element Managers and collect documents for synthesizing. b) --�Identify any gaps in data or information and develop detailed draft table of contents for each Element. c) Discuss and identify the specific roles and responsibilities of the consultant and Element Manager(s) for the creation of each respective Plan element. This will include an understanding of how the consultant will partner with the Element Manager(s) to prepare each respective draft Element. -142Z Planning Board: and- Planning Staff, (Meeting Facilitator?), and Consultant Conduct Joint Advisory Boards Meeting to "Kick -off' Phase II by Reviewing Advisory Board Roles and Work Products to be Completed during this Phase. Oct. '07 3) Consultant Meetings with Element Lead Advisory Boards (Max. of 7- meetings, Oct. -Nov. '07). The Consultant will: a) Present a detailed draft Table of Contents for each Board's respective Element. b) As a partner with Element Managers, convey gaps and recommendations for filling them. c Prepare a memorandum summarizing feedback provided by each Board and revise draft Tables of Contents as directed by Element Manager(s), taking advisory board feedback into consideration. d) Convey ELABs preferences for filling gaps to Proiect Management Team. 4) Staff Check -in Point with BOCC (Dec. '07) 5) Consultant Meetings with Planning Board to provide updates, particularly on the Elements in which the Board does not play a lead role (Max. of 3- meetings, Oct. -Nov. '07). Note: All underlined text is new. 7/11/07 6 246) _RespeGtive Departments and Element Lead AdvisGry BeaFd(S) Deve!Gp Draft. EI;Consultant Formats /Assembles and Drafts Comprehensive Plan with Element Managers (Completed by end of Feb. '08). a) Work with Element Managers to d43raft Qemef t the Comprehensive Plan, including all Elements. The drafting of the Elements, including : oobjectives to reach the adopted Goals, are prepared by the appropriate advisory boards Consultant, or by the Element Manager and staff with assistance from the Consultant, working from adopted BOCC Principles, County Profile Element and Goals, detailed tables of contents (presented and revised during Step 3), aad Previously identified studies and reports, and Element Lead Advisory Board discussions. (A DlanniRg Beard and DlanniRg Staff I iaisen will he available upeR rem nest try nrevide assistance to eanh advise Fy heard) b) Consultant delivers copies of the Draft Comprehensive Plan to Element Managers for delivery to Element Lead Advisory Boards, supporting staff, and Contributing Departments for their review. c) Within respective areas of expertise. Contributing Departments review pertinent sections of draft text for accuracy. 7) With Element Manaqers, Consultant Presents Draft Comprehensive Plan to Element Lead Advisory Boards and makes revisions (Max. of 7- meetings, completed by mid -April 2008). -With ee eEt+ve -areas of expeftis,Centribu- ing- ^epaFtme, s Feview pertinent sentiens of draft tevt fr`r aGG UFaGy.(note: moved to 6c) spa) Advisory Boards will provide for appropriate public access and awareness using Comprehensive Plan website. d4b) Each advisory board may review staff and advisory board reports and other pertinent documents such as Shaping Orange County's Future Report and Rural Character Study. e)Cle,ment VeMV Adviser„ BeaFd exGhaRge their Draft EieMents 3 8 Element Lead Advisory Boards ExGhange DFaft Elements and Planning Board Reviews Draft Plan in Preparation for Public Information Sessions (March -April '08) a) Element Managers, Planning Staff Liaisons, Planning Board Liaisons, and Element Lead Advisory Boards highlight and summarize any inconsistencies between and /or among Elements and forwards to Planning Board. b) Planning Board accepts and reviews ideas from Element Managers, Planning Staff Liaisons, and Element Lead Advisory Boards on reconciliation of any inconsistencies identified during the preceding step. Any minor inconsistencies that can be reconciled to the satisfaction of the Element Lead Advisory Board are addressed. c) Staff Ccheck -in point with BOCC (early -March '08) Planning Board -- With Assistance from other Lead Advisory Boards -- Conducts Public Information Meeting(s) (April '08) — Planning Board drafts agenda with input from other Lead Advisory Boards_ Note: All underlined text is new. 9 7/11/07 10 10) Staff Check -in Point with BOCC for Legal -Ad Approval (April '08) 11 Planning Board Develops Recommendations on Reconciliation of Any Remaining Inconsistencies between and /or among Elements and Forwards to BOCC,. and- Element Lead Advisory Boards, and Consultant (April -May '08 ). 6112 J 2 "d Public Hearing and Plan Adoption a) BOCC holds public hearing Ma '08 . b) BOCC may conveys any required changes, including reconciliation of any remaining inconsistencies, to Element Managers., and-Lead Advisory Boards, and Consultant for incorporation into their respective sections of the draft text. c) Planning Board provides recommendations to BOCC on entire Comprehensive Plan. d) BOCC may also invite additional county advisory boards to provide recommendations on their respective Element. e) Staff makes final revisions to Comprehensive Plan as directed by BOCC. elf _BOCC adopts Comprehensive Plan. END OF COMPREHENSIVE PLAN UPDATE The following are to occur after completion of Comprehensive Plan Update: Implementation: Implementation, evaluation, and update consistent with process /guidelines included in adopted Comprehensive Plan. Note: All underlined text is new. 10 7/11/07 Comprehensive Plan Update Timetable Attachment 3 Revised 11/06/06, 4/2/07, 7/30/07 (( Note: All underlined text is new. I 11111111111111111111111111111 liI - -- Planning Board 'Framework and �Guidelines :Joint Board Planning Board of 1981 Plan Preparation of County Profile Element oint i5oard Mtg.— #utreach - Open House Evaluation & Appraisal of 1981 Plan, Goals and County Profile Element 'Advisory iSoard(s) &#CC Adoption M, Joint Board Mtg. Y Consultant Data Collection Advisqy Boards !Comprehensive Plan ,Receive Advisory Boards Draft Comprehensive Plan Ginsultant Meets With— Advisory Boards Note: All underlined text is new. Comprehensive Plan Update Timetable Attachment 3 Revised 11/06/06, 4/2/07, 7/30/07 ' a Note: All underlined text is new. EEO Planning Board develops recommendations on any reconciliation Approval of Legal Ad for Public Hearing i !Expanded Advertisement M,Qtr. Public Hearing jAdvisory Boa Fd(s) B Adoption Note: All underlined text is new. r. Commission for Women (CFW) Bylaws Amendment 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 Leyell 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 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." U Also, on page 10, the 2 "d 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 st 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.