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HomeMy WebLinkAboutAgenda - 12-14-2010 - 7cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 14, 2010 Action Agenda Item No. ~] ' G SUBJECT: Revised Unified Development Ordinance (UDO) Review/Approval Schedule DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Proposed Schedule INFORMATION CONTACT: Craig Benedict, Director, 245-2592 Perdita Holtz, Planner III, 245-2578 Tom Altieri, Planner III, 245-2579 Shannon Berry, Planner II, 245-2589 Michael D. Harvey, Planner III, 245-2597 PURPOSE: To receive the Planning Board's recommended schedule for further review of the Unified Development Ordinance (UDO), decide whether the November 22 public hearing will be continued to February 28, 2011 in order to receive additional oral public comment, and consider approval of a schedule. BACKGROUND: The BOCC and Planning Board held a joint quarterly public hearing on November 22, 2010 to hear public comments on the proposed Unified Development Ordinance. Ten citizens spoke at the public hearing, many of them stating the need to complete this phase of the UDO project in a timely manner. Several e-mailed comments were read into the record by Commissioner Alice Gordon. To date, a total of eleven e-mailed comments have been received, all of which requested additional time to review the UDO. At the conclusion of the November 22 hearing, the BOCC voted to direct the Planning Board to recommend a revised UDO schedule which would allow for more review time. The BOCC further directed the Planning Board to recommend its revised schedule in time for the December 14, 2010 BOCC meeting. The Planning Board considered this matter at length at its December 1, 2010 meeting and passed the following motion: MOTION made by Judith Wegner to: Number 1 that the Planning Board expresses its intent and desire and commitment to work in detail with Conditional District and Conditional Use District by having two meetings in January and to address stream buffer issues in a meeting early in February. Number 2 that the Planning Board recommends that the staff meet with any of the interested other municipalities in the County during the month of January to provide them with information and to solicit their input. Number 3 that the Planning Board commits itself to submit to the Board of County Commissioners substantive recommendations by the middle of February so that the Board of Commissioners can determine whether it would like to calendar a further discussion of those matters for the end of February scheduled public hearing. Number 4 that the Planning Board recommends that the planning staff hold an additional outreach meeting by the end of January to inform the public more fully about issues, particularly Conditional Districts and Conditional Use Districts. Number 5 that the Planning Board further commits itself to develop a proposal for the priorities among the continuing issues to be considered in part two of this process and will advise the Board of County Commissioners about its recommendation by mid March on that point. Seconded by Larry Wright VOTE: 9 - 1 (Cabe opposed) The attached schedule was developed by Planning staff based on Planning Board discussion and the approved motion. The exact schedule and cadence will depend on whether the BOCC chooses to continue the November 22, 2010 public hearing to allow for additional public comments on February 28, 2011. If the BOCC chooses to follow the original schedule of one public hearing at which oral comments would be made, the written comment period would close on February 2, 2011. BOCC action on the UDO would be scheduled for March 15, 2011. (Option 2A in Recommendations section below). If the BOCC chooses to continue the public hearing to February 28 to allow for additional oral public comments, BOCC action on the UDO would be scheduled for April 5, 2011 (the Planning Board would have one meeting -March 2 - to deliberate on any new comments raised at the February 28, 2011 continued public hearing). (Option 2B in Recommendations section below). FINANCIAL IMPACT: The BOCC provided $32,600 in the 2009-2010 budget, Departmental Contract Services Account, to complete this BOCC priority. The costs of consulting services, as outlined in the executed contract, are not to exceed $30,000. The additional $2,600 was budgeted for advertising, copying and printing expenses. Monies were not carried forward from the previous year's budget, so staff is working with Financial Services to accommodate this multi-year BOCC priority. Advertising, copying and printing expenses have exceeded $2,600, but in the interim have been paid using general Planning Department budgeted funds for these types of activities. Additionally, Planning staff time on the project has been significant. If the BOCC decides to continue the November 22, 2010 public hearing to February 28, 2011, an additional legal advertisement is not required under State statutes nor County ordinances. However, if the BOCC chooses to publish an additional legal advertisement in the newspapers, the Board will need to allocate $3,000 for publishing purposes as the Planning Department budget has insufficient funds to run an additional legal advertisement for this project. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the proposed schedule. 2. Determine whether the November 22, 2010 public hearing will be continued to February 28, 2011 for additional oral public input. A. If the hearing is not continued to February 28 to receive additional public oral input (March 15, 2011 BOCC action): i. Authorize staff to notify the public that written comments on the UDO will be accepted until 5:00 p.m. on February 2, 2011. Notification to occur through e-mail distribution fists, County website, press release, posted bulletin, and letter to municipalities (item, "ii" below). ii. Direct the County Manager to send a letter to the four municipalities located in Orange County (Chapel Hill., Carrboro, Hillsborough, and Mebane) asking what form of UDO presentation is necessary and what dates in January 2011 are suggested if a formal presentation by County staff is requested. iii. Direct the Planning staff to hold a public outreach meeting on the UDO by the end of January 2011. iv. Direct the Planning Board to complete its review and recommendation on adoption of the UDO in time for the March 15, 2011 BOCC meeting. v. Continue the public hearing until March 15, 2011 in order to receive any additional written comments by the February 2, 2011 deadline and the Planning Board's recommendation. B. If the hearing is continued to February 28, 2011 to receive additional public oral input (April 5, 2011 BOCC action): i. Authorize staff to notify the public of the November 22 public hearing continuation through a-mail distribution lists, County website, press release, posted bulletin, and letter to municipalities (item, "ii" below). If the BOCC chooses to publish an additional legal advertisement in the newspapers, the BOCC will need to allocate an additional $3,000 to the Planning Department's advertising budget. ii. Direct the County Manager to send a letter to the four municipalities located in Orange County (Chapel Hill, Carrboro, Hillsborough, and Mebane) asking what form of UDO presentation is necessary and what dates in January 2011 are suggested if a formal presentation by County staff is requested. iii. Direct the Planning staff to hold a public outreach meeting on the UDO by the end of January 2011. iv. Direct that written comments on the proposed UDO from municipalities and advisory boards (other than the Planning Board) must be received no later than 5:00 p.m. on February 2, 2011 in order for the Planning Board to consider the comment prior to making a recommendation to the BOCC. v. Continue the November 22, .2010 public hearing to February 28, 2011 (note: public hearing will be continued to April 5, 2011 at the February 28 hearing in order to receive the Planning Board's recommendation). vi. Direct the Planning Board to complete its review and make its recommendation on adoption of the UDO in time for the April 5, 2011 BOCC meeting. 4 Proposed UDO Review/Approval Schedule (Developed by Planning staff based on Planning Board discussion and approved motion of December 1, 2010) Nov 22" BOCC/PB Joint Quarterly Public Hearing Remains o en for new timetable to be set on December 14, 2010. Dec 1S Planning Board (PB) meeting -process/timetable recommendation was made. Dec 14 BOCC meeting to receive PB recommendation on revised UDO process/timetable, decide if the November 22 public hearing should be continued to February 28, 2011, and set new date for closure of public hearin date de endant on rocess BOCC chooses . Dec 15 Manager sends out letter to municipalities with UDO info and asks what form of UDO resentation is necessa and what dates are su ested. Jan (Month of) If requested by municipality, Planning Staff to present UDO to municipalities (up to 4). NOTE: UDO does not directly apply to municipalities or their ETJ. Jan 5 PB meeting - PB to review Conditional Use District and Conditional Zoning Districts Jan 19 Special PB meeting - PB to continue and complete review of Conditional Use District and Conditional Zonin Districts Jan 27 Public Outreach Meeting* Feb 2" by Deadline for any written comments from municipalities and advisory boards 5:00 p.m. (other than Planning Board). (NOTE: this would be the deadline for written comments from all sources, including the public, if the BOCC decides not to continue the ublic hearin to Februa 28 . Feb 2" PB meeting - PB to review stream buffers and make recommendation to BOCC re ardin entire UDO ado tion. Feb 15 BOCC meetin - PB recommendation re orted to BOCC. Feb 28 Continuation of November 22 public hearing if BOCC decides to continue the public hearing*. Public comments would be on the November 2010 UDO draft and any further revisions recommended by the Planning Board would be presented. Mar 2" PB meeting -recommendations about next steps based on possible continued public hearing; recommendations regarding Phase II of UDO rocess. April 5th BOCC meeting - BOCC receives PB recommendation on UDO adoption and Phase II process/priorities, closes public hearing, and considers adoption of UDO. (Note: this date could be March 15 if the BOCC decides not to continue the public hearin to Februa 28 . * -Public notification will be via a-mail distribution lists, County website, press release, posted bulletin, and letter to municipalities.