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HomeMy WebLinkAboutAgenda - 06-21-2011 - 5qORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. ~~j -Q SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Schedule for Au ust Joint Quarter) Public Hearin and Re ular Meeting Items DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Amendment Outlines (4) INFORMATION CONTACT: Craig Benedict, Planning Director, 245- 2592 PURPOSE: To consider and approve the process components and schedule for three government-initiated items currently scheduled to be heard at the August 22, 2011 Quarterly Public Hearing and one item currently scheduled for the August 23, 2011 BOCC regular meeting. BACKGROUND: If the Board approves a separate item on the June 21, 2011 agenda to allow staff to work with the Chair, Vice-Chair, and Manager over the summer break on the August Quarterly Public Hearing legal advertisement, staff intends to have three government-initiated items on the Quarterly Public Hearing agenda: 1. Unified Development Ordinance (UDO) Text Amendment to ensure connectivity between parcels, consistent with adopted access management plans, in situations that do not involve subdividing property. 2. UDO Text amendment to uncouple Class II Kennels and Riding Stables as a use and to have separate Standards sections for each use. (Note: Actual standards are not being changed at this time; this action is only to split the uses so future work on standards of each use can occur.) 3. UDO Text Amendment to update the "Commercial-Industrial Transition Activity Node Land" definition in Article 10 to be consistent with the definition update in the 2030 Comprehensive Plan scheduled for adoption on June 21, 2011. Additionally, staff intends to have an item on the August 23, 2011 regular Board meeting agenda for review and consideration: Access Management Plan for the Efland Commercial-Industrial Transition Activity Node (CITAN) area. Attached are Amendment Outlines for the four government-initiated amendments for the Board's consideration and approval. FINANCIAL IMPACT: The Financial Impact is included in each attached Amendment Outline. RECOMMENDATION(S): The Manager recommends the Board approve the attached Amendment Outlines and direct staff to proceed accordingly. ~7 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO/ZONING 2011-03 A. AMENDMENT TOPIC -VARIOUS CATEGORIES 1. Land. Use and/o~- Zoning (Map and/or Text) 1.a Land Use Text 1.b Land Use Map From: To: 1.c UDO Text Article Two (2) Procedures Section 2.5.3 Plan Specifications of the Unified Development Ordinance (UDO). Revise existing reeulations for protects requiring site plan approval to demonstrate compliance with County adopted transportation access rnana~ement plans. 1.d Zoning Map From: To: 2. UDO Development Standards 3. UDO Development Approval Processes B. RATIONALE • Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated a text amendment requiring development projects subject to site plan approval to demonstrate compliance with adopted County access management and transportation improvement and access- management-..plans to ensure protection of proposed, delineated, roadways and promote connectivity amongst adjacent properties. • Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent . with other Comprehensive Plan element goals and objectives. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed Internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. Page 1 of 3 4 This could be achieved by increasing allowable densities and creating new mixed- use zoning districts where adequate public services are available. Transportation Goal 3: Integrated land use planning and transportation planning that serves existing development, supports future development, and is consistent with the County's land use plans which include provisions for preserving the natural environment and community character. Transportation Goal 4: A countywide and regionally-integrated, multi-modal transportation planning process that is comprehensive, creative and effective. • New Statutes and Rules Proposal-will involve the adoption of a new standard requiring all site plans to demonstrate compliance with adopted- access management plans. C. PROCESS C.1 TIMEFRAME/MILESTONES/DEADLINES a. Setting of a Quarterly Public Hearing date August 22, 2011 b. BOCC updates/checkpoints June 21, 2011- BpCC approval to proceed C.2 PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearine process consistent with NC State Statutes and Oranee County ordinance requirements. a. Planning Board Review August 3, 2011 Briefing September 7, 2011 (for recommendation) b. Advisory Board Input The BOCC may wish to consider seeking input from the OUTBoard on the proposed text change, recognizing that there will be a need for a quick turnaround on this amendment package by the Planning Board for BOCC consideration. c. Loeal Government Invitation N/A d. Outreach d.1 General Public Public Hearine process. consistent with NC State Statutes and Oranee Page 2 of 3 5 County ordinance requirements d.2 Small Area Plan Workgroup N/A C.3 FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provis-ion of County services. Costs for the required legal advertisement wial be paid from FY2011-12 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS Anaiysis As is typical process, the analysis required- under Section 2.8.5 of the Orange County Unified Development Ordinance will be provided to the Planning Board and Board of County Commissioners after the public hearing for the item. E. SPECIFIC AMENDMENT LANGUAGE Currently proposed language is as follows and may be modified in preparation for the August 22, 2011 Quarterly Public Hearing: Site plans shall be required to demonstrate compliance with County adopted access management or connectivity plans and denote future roadway locations on the site to encourage future connectivity. Page 3 of 3 6 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO/ZONING 2011-04 A. AMENDMENT TOPIC-VARIOUS CATEGORIES 1. Land Use and/or Zoning (Map and/or Text) 1.a Land Use Text 1.b Land Use Map From: To: 1.c UDO Text Section 5.2 Table of Permitted Uses and Section 5 6 5 Kennels and Ridina Stables /Academies of the Unified Development Ordinance UDO . 1.d Zoning Map From: To: 2. UDO Development Standards 3. UDO Development Approval Processes B. RATIONALE • Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated a text amendment to split these existing- land use categories into separate uses. This is being done to eliminate existing contradictions identified as part of the UDO development process concerning the development of a kennel or a riding stable. This amendment will also allow staff to begin the process of completing a comprehensive assessment of existing- regulatory requirements associated within each independent use as detailed- within the UDO Implementation Bridge. • Comprehensive Plan Linkaee (i a Principles Goals and Obiectives) No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan. This amendment is proposed in order to engage in "good housekeeping" by eliminating a previously identified problem/contradiction within the Ordinance • New Statutes and Rules The proposal will involve adoption of a text amendment splitting these two land use categories apart. Regulations governing development will remain the same for the time being. C. PROCESS Page 1 of 3 7 C.1 TIMEFRAME/MILESTONES/DEADLINES a. Setting of a C<uarterly Public Hearing date August 22, 2011 b. BOCC updates/checkpoints June 21, 2011- BOCC approval to proceed C.2 PUBLIC INVOLVEMENT PROGRAM Mission/Scope _ Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review August 3, 2011 Briefing September 7, 2011 (for recommendation) b. Advisory Board Input N/A c. Local Government Invitation N/A d. Outreach d.1 General Public Public Hearine process consistent with NC State Statutes and Orange County ordinance requirements d.2 Small Area Plan Workgroup N/A C.3 FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required- legal advertisement will be paid from FY2011-12 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS Analysis As is typical process, the analysis required under Section 2.8.5 of the Orange County Unified Development Ordinance will be provided to the Planning Board and Board of County Commissioners after the public hearing for the item. Page 2 of 3 E. SPECIFIC AMENDMENT LANGUAGE No new regulations or standards for review shall be adopted as part of this process. This amendment will simply split #hese existing land uses into separate categories. The exact changes to the UDO will be available prior to the August quarterly public hearing Page 3 of 3 9 LAND USF AND UNIFtED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLIN€ UDO/ZONING 2011-05 A. AMENDMENT TOPIC -VARIOUS CATEGORIES 1. Land Use and/or Zoning (.Map and/or Text) 1.a Land Use Text 1.b Land Use Map From: To: 1.c UDO Text Article 10 -Definitions. Update definition for "Commercial- Industrial Transition Activity Node Land" to be consistent with changes scheduled to be made to the same definition in the Comprehensive Plan. 1.d Zoning Map From: To: 2. UDO Development Standards 3. UDO Development Approval Processes B. RATIONALE • Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated an amendment to update the UDO text in order to be consistent with the definition of the same term as it appears in the adopted Comprehensive Plan. • Comprehensive Plan Linkaee (i.e Principles Goals and Obiectives) No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan. This amendment is proposed in order to engage in "good housekeeping" in keeping terms found in both the Comprehensive Plan and UDO consistent between the two documents. • New Statutes and Rules N/A C. PROCESS C.1 TIMEFRAME/MILESTONES/DEADLINES a. Setting of a Quarterly Public Hearing date August 22, 2011 Page 1 of 3 10 b. BOCC updates/checkpoints June 21, 2011- BOCC approval to proceed C.2 PUBLIC INVOLVEMENT PROGRAM Mission/Scope Public Hearing process consistent with NCState Statutes and Orange County ordinance requirements. a. Planning Board Review August 3, 2011 Briefing September 7, 2011 (for recommendation) b. Advisory Board Input N/A c. Local Government Invitation N/A d. Outreach d.i General Public Public Hearine process-consistent with- NC State Statutes and Orange County ordinance requirements d.2 Small Area Plan Workgroup N/A C.3 FISCAL IMPACT Consideration and approval will not create the neec#for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2011-12 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS Analysis As is typical process, the analysis required under Section 2.8.5 of the Orange County Unified Development Ordinance will be provided to the Planning Board and Board of County Commissioners after the public hearing for the item. E. SPECIFIC AMENDMENT LANGUAGE Page 2 of 3 11 Currently proposed language is as follows and may be modified after Comprehensive Plan amendment is adopted by the BOCC (scheduled for lune 21, 2Q11): Commercial-Industrial Transition Activity Node land Land feE-erg near major transportation routes that could be provided with public water and wastewater services T..-..-.:a:.. .~ A.... .., a6 •.a and is appropriate for retail and other commercial uses; arrdfa-r manufacturing and other industrial uses• office and limited (not to exceed 25% of any Node) higher density residential uses. Page 3 of 3 12 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE A. AMENDMENT TOPIC -VARIOUS CATEGORIES 1. Land Use and/or Zoning. (Map and/or Text) 1.aLand Use Text _ 1.b Land- Use Map __From: T~ 1.c UDO Text 1.d Zoning Map From: 2. UDO Development Standards 3. UDO Development Approval Processes To: 4. Other Efland-Buckhorn-Mebane Commercial Industrial Transition Activity Nodes and Economic Development Zones Access Management Plan B. RATIONALE • Purpose/Mission The Efland Small Area Plan recommended transportation improvements to foster implementation of desired plan elements. Orange County has limited implementation avenues to require those recommended improvements unless further adopted- into a regulatory framework. Forrnally adopted transportation plans are necessary to procure federal and state funding for projects and to require developer contribution-in providing transportation infrastructure. An adopted Access Management Plan can be incorporated into regional transportation plans. This will also enhance collaboration with the western and eastern MPOs. • Comprehensive Plan Linkage-(i.e. Principles, Goals and Objectives) Principle 2: Sustainable Growth and Development Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's- population and economy consistent with other Comprehensive Plan element goals and objectives. Objective LU-1.1: Coordinate the location of higher intensity /high. density residential and non-residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed Internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources.... Objective LU-3.8: Develop a process for implementing small area plan recommendations through the revision of County policies and regulations. 13 Principle 3B: Promotion of Both Air Quality Protection and the Development of an Effective Transportation System Transportation Overarching Goal• An efficient and balanced transportation system that uses multiple motorized and nonmotorized modes of transportation and for which. the planning, design, and implementation will be guided by the following ovErarching qualities C. Encourages sustainable economic development Objective T-3.2: Create and implement an Orange County Comprehensive Transportation Plan that provides the framework for a comprehensive and connected transportation system supporting a mix of all transportation modes, including sidewalks and bicycle facilities, bus and rail transit facilities, and highways. Objective T-4.2: Plan and integrate the County's multi-modal transportation routes and services with regional transportation agencies and transit service providers, agencies and transit providers. in neighboring counties, the North Carolina Department of Transportation, Amtrak, and the North Carolina Railroad. Principal 7: Promotion of Economic Prosperity and Diversity Economic Development (ED) Overarching Goal- Viable and sustainable economic development that contributes to-both property and sales tax reve Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. • New Statutes and Rules N/A D. PROCESS C.1 TIMEFRAME/MILESTONES/QEADLINES (See Attachment 1) a. Setting of a Quarterly Public Hearing date and remaining on target b. BOCC updates/checkpoints August 23, 2011, BOCC holds public hearing regarding the Efland- Buckhorn-Mebane Commercial Industrial Transition Activity Nodes and Economic Development Zones Access Management Plan and directs staff how to proceed. C.2 PUBLIC INVOLVEMENT PROGRAM Mission/Scope Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements Midpoint (Rough Draft) Final Draft 14 a. Planning Board Review October 2011 b. Advisory Board input OUTBoard c. Local Government Invitation Mebane d. Outreach d.1 General Public Public Hearine process consistent with NC State Statutes and Orange County ordinance requirements d.2 Other d.3 Small Area Plan Workgroup C.3 FISCAL IMPACT Consideration and approval-will not create the need for additional funding for the provision of County services. Staff time to coordinate with NCDOT and develop Access Management Plan can be accomplished using existing Planning staff. The associated advertising costs are included in the FY 11- 12 Budget. E. AMENDMENT IMPLICATIONS A formally adopted plan for proposed transportation connectivity in the EDD and CITAN areas is imperative to a coordinated transportation system that can be included in the Comprehensive transportation Plan and the Burlington-Graham MPO and Durham-Chapel Hill-Orange County MPO regional plans and included in requirements for development in the Efland-Mebane Small Area Plan area. F. SPECIFIC AMENDMENT LANGUAGE Companion UDO text amendments to be heard at the August 22, 2011, Joint Quarterly Public Hearing.