HomeMy WebLinkAboutAgenda - 06-21-2011 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2011
Action Agenda
Item No. ~ ' b
SUBJECT: 2030 Comprehensive Plan Map Amendment (CP-2011-01) Area A
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. BOCC Approved Amendment Outline
(CP-2011-01)
2. Current/Proposed Land Use Element Map
3. Resolution Approving Map Amendment
4. Draft Minutes -May 23, 2011 Quarterly
Public Hearing
5. Draft Minutes -June 1, 2011 Planning
Board Meeting
INFORMATION CONTACT:
Craig Benedict, Director, 245-2575
Tom Altieri, Planner III, 245-2579
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on aCounty-initiated amendment to the 2030 Comprehensive Plan Land Use
Element Map affecting 423-acres bounded by Ben Wilson Rd., Bowman Rd., West Ten Rd., and
Interstates 85/40, which is also adjacent to the City of Mebane.
BACKGROUND: This Land Use Element Map amendment proposal was heard at the May 23,
2011 Quarterly Public Hearing. The form in Attachment 1 contains additional information and
analysis regarding this County-initiated Land Use Element Map amendment CP-2011-01 (Area
"A") located in the Buckhorn-Mebane Utility Study Area:
From: Agricultural Residential
To: Commercial Industrial Transition Activity Node
The maps in Attachment 2 show the location of the parcels, the current classification, and the
extent of the proposed Commercial Industrial Transition Activity Node. No project is proposed
at this time.
One of the fundamental planning tools used to achieve the stated goals and objectives of the
Comprehensive Plan Land Use Element is the design and application of a Land Use Plan and
Map. The Land Use Plan and Map reflect Orange County's vision for future land uses and is
implemented primarily through the application of zoning. Rezoning in this area is not proposed
at this time but could occur in the future through developer or County-initiated amendments,
which would also require public hearing.
Public Hearing: At the public hearing, no public comments in opposition to the proposed
amendment CP-2011-01 (Area "A") were expressed. However, a few individuals had
questions regarding any property tax implications of the amendment and ability to continue their
2
present use of property, whether agricultural or residential. Staff responded to the questions
indicating that tax valuation was based on comparative sales rather than land use classification
or zoning and any existing use of property could continue indefinitely.
County Commissioners noted that if public utilities were made available in the future within the
amendment area, it would create additional development pressure and interest from
investors/developers. If that were the case, property owners would not have to sell their
property but might make that decision. Existing County buffer requirements were also noted as
a means to mitigate impacts of any non-residential development adjacent to residential
properties. The draft minutes for the May 23, 2011 Quarterly Public Hearing are included in
Attachment 4.
Planning Director's Recommendation: The Planning Director recommends approval of this
Land Use Element Map amendment based on the rationale and analysis provided in Attachment
1.
Attachment 3 contains the proposed Resolution approving the map amendment.
Planning Board Recommendation: The Planning Board considered this item at its June 1,
2011 meeting. The Planning Board unanimously voted to recommend approval of this item. In
addition, the Board's motion included a request to encourage staff to continue reaching out to
people living in the area. The draft Planning Board Minutes are included in Attachment 5.
Staff Response: Staff will continue to keep property owners in this amendment area informed of
water and sewer plans and any development applications requiring public hearing and
notification. Property owners meetings, such as the one held March 7, 2011, will continue as
well as mailed literature, which is especially important for out-of-town property owners.
Economic Development Staff are also participating in ongoing communications.
Public Hearing Procedural Information: In accordance with Section 2.3.10 of the Unified
Development Ordinance, any evidence not presented at the public hearing must be submitted in
writing prior to the Planning Board's recommendation. Additional oral evidence may be
considered by the Planning Board only if it is for the purpose of presenting information also
submitted in writing. Section 2.3.11(B) requires that the BOCC consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered by the
Planning Board in making its recommendation. The public hearing is held open to a date certain
for the purpose of the BOCC receiving the Planning Board's recommendation and any
submitted written comments. No written comments were received prior to the June 1, 2011
Planning Board meeting.
FINANCIAL IMPACT: The financial impact section is addressed in Section C.3 of Attachment
1.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the Planning Board's recommendation of approval;
2. Close the public hearing; and
3. Adopt the Resolution contained in Attachment 3, which approves the amendments.
Attachment 1
3
LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMfNTOUTLINE
CP 2011-01
A. AMENDMENT TOPIC -VARIOUS CATEGORIES
1. Land Use and/or Zoning (MFap and/or Text)
1.a Land Use Text
2
3
1
1.b Land Use Map Principal Amendment >100-Acres
From: Agricultural Residential (AR)
To: Commercial-Industrial Transition Activity Node (See Map- Area A)
1.c Zoning Text
1.d Zoning Map From:_
UDO Development Standards
To:
UDO Development Approval Processes
UDO Minor Text Changes
B. RATIONALE
• Purpose/Mission
In accordance with the provisions of Section 2.3 Comprehensive Plan
Amendments of the Unified Development Ordinance, the Planning
Director has initiated an amendment to the Land Use Element Map
located within Chapter 5: Land Use Element of the Comprehensive Plan.
The purpose of the amendment is to implement a recommendation
included in the County's. adopted Efland-Mebane Small Area Plan, which
will prepare area near the Buckhorn Economic Development District
(EDD) for public water and sewer infrastructure and economic
development. This amendment is consistent with the Water and Sewer
Management, Planning and Boundary Agreement. (WASMPBA)
The proposed Land Use Element Map amendment is approximately 423-
acres. The area bounded by Ben Wilson Rd., Bowman Rd., West Ten
Rd., and Interstates 85/40 which is also adjacent to the City of Mebane.
• Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Principle 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
revenues, and enhances high-quality employment opportunities for
County residents.
Objective ED-2.5: Identify lands suitable to accommodate the expansion
Page 1 of 4
4
and growth of commercial and industrial uses.
Objective ED-2.9: Consider industrial sites in Agricultural-Residential
areas along the U.S. 70/I-85 highway and rail corridor.
Objective ED-2.10: Extend public water and sewer into all three
Economic Development Districts.
Land Use Overarching Goal: Coordination cf 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-3.5: Encourage energy and water use in an efficient
manner by industries and encourage energy efficient industries to locate
or expand in the County in Rural Industrial, Commercial/Industrial, and
Economic Development Nodes.
Objective LU-3.6: Establish consistency- between the Land Use Plan and
the Water and Sewer Management Planning and Boundary Agreement
and Map.
Objective LU-3.8: Develop a process for implementing small area plan
recommendations through the revision of County policies and
regulations.
• New Statutes and Rules
N/A
C. PROCESS
C.1 TIMEFRAME/MILESTONES/DEADLINES
a. Setting of a Quarterly Public Hearing date
May 23, 2011
b. BOCC updates/checkpoints
April 12, 2011 Work Session; May 3, 2011 legal ad approval; May 17,
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
Midpoint (Rough Draft)
Final Draft
Page 2 of 4
5
a. Planning Board Review
June 1, 2011
b. Advisory Board Input
c. Local Government Invitation
d. Outreach
d.1 General Public
Public Hearing process consistent with NC State Statutes and Orange
County ordinance requirements
d.2 Other
March 7, 2011 Property Owners Meeting
d.3 Small Area Plan Workgroup
C.3 FISCAL IMPACT
Expenditures for this project have been paid using Departmentaa funds
budgeted for the specific activity. Expenditures include:
• Legal Ad: $287 (This item's portion of legal ad expense)
• Signs: $384
• Notification letters and postcards (postage and supplies): $53
Existing Planning staff included in the Departmental staffing budget
accomplished the work required to process this amendment.
D. AMENDMENT IMPLICATIONS
This amendment will provide consistency among the County's Land Use Element Map, Water
and Sewer Management Planning and Boundary Agreement, and water and sewer engineering
design that is currently taking place for potential future service within the amendment area.
Rezoning for economic development purposes cannot occur in this area unless a Land Use
Element Map amendment is approved.
This amendment would also be consistent with proposed Burlington Graham MPO roadway
plans and a future I-85/40 interchange on Mattress Factory Road. Orange County will also bring
forth transportation plan amendments to reflect area development potential.
Page 3 of 4
6
Analysis
As required under Section 2.3.9 of the- Orange County Unified Development Ordinance, the
Planning Director is required to: 'cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'. In analyzing this proposal, the following information is offered:
1. Staff has been authorized by the Board of County Commissioners to pursue small area plan
implementation with a focus on economic development priorities. This proposed Land Use
Element Map amendment conforms to the intent of the adopted Efland-Mebane Small Area
Plan which recommends this area for non-residential and mixed use development and is
consistent with economic development and land use objectives of the Comprehensive Plan.
2. The request for the amendment has been deemed complete in accordance with the
requirements of Section 2.3.8 of the Unified Development Ordinance.
3. The properties subject to this amendment are currently located within the Agricultural
Residential land use category as denoted on the Land Use Element Map of the
Comprehensive Plan and proposed for Commercial-Industrial Transition Activity Node
classification.
4. This amendment is consistent with the Water and Sewer Management, Planning and
Boundary Agreement (WASMPBA).
5. Engineering design for public water and sewer service is currently taking place to serve the
amendment area.
E. SPECIFIC AMENDMENT LANGUAGE
(Not Applicable)
Page 4 of 4
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Attachment 3
RESOLUTION # ~O ~ ~' d Cg~
A RESOLUTION AMENDING
THE 2030 COMPREHENSIVE PLAN
CP-2011-01
WHEREAS, Orange County initiated an amendment to the Orange County
2030 Comprehensive Plan Land Use Element Map, as established in Section 2.3
of the Orange County Unified Development Ordinance (UDO), to reclassify
approximately 423-acres from Agricultural Residential to Commercial-Industrial
Transition Activity Node, and
WHEREAS, the amendment area is bounded by Ben Wilson Rd.,
Bowman Rd., West Ten Rd., and Interstates 85/40, and
WHEREAS, the requirements of Section 2.3 of the Unified Development
Ordinance (UDO) have been deemed complete, and
WHEREAS, the Board finds that the Land Use Element -Map amendment
will carry out the intent and purpose of the adopted Efland-Mebane Small Area
Plan and is internally consistent with the 2030 Comprehensive Plan or part
thereof including, but not limited to, the following:
Principle 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
revenues, and enhances high-quality employment opportunities for County
residents.
Objective ED-2.5: Identify lands suitable to accommodate the. expansion
and growth of commercial and industrial uses.
Objective ED-2.9: Consider industrial sites in Agricultural-Residential areas
-along the U.S. 70/I-85 highway and rail corridor.
Objective ED-2.10: Extend public water and sewer into all three Economic
Development Districts.
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.
9
Objective LU-3.5: Encourage energy and water use in an efficient manner by
industries and encourage energy efficient industries to locate or expand in the
10
County in Rural Industrial, Commercial/Industrial, and- Economic
Development Nodes.
Objective LU-3.6: Establish consistency between the Land Use Plan and. the
Water and Sewer Management Planning and Boundary Agreement and Map.
Objective LU-3.8: Develop a process for implementing small area plan
recommendations through the revision of County policies and regulations,
and
WHEREAS, the amendment is consistent with the Water and Sewer
Boundary Agreement and Map.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of
Orange County, North Carolina, that the Land Use Element Map, provided in
Chapter 5 of the Land Use Element of the 2030 Comprehensive Plan, is hereby
amended as described herein.
Upon motion of Commissioner
seconded by
Commissioner the aforementioned
2030 Comprehensive Plan amendments were adopted this the day of
2011- and shall become effective upon adoption.
Donna Baker, Clerk, Orange Gounty Commissioners
DRAFT EXCERPT from 5/23/2011 QPH Minutes Attachment 4
11
1 2030 Comprehensive Plan Land Use Element Map Amendment - To review agovernment-
2 initiated amendment to change the land use category of approximately 423-acres bounded by
3 Ben Wilson Rd., Bowman Rd., West Ten Rd., and Interstates 85/40 from Agricultural Residential
4 to Commercial Industrial Transition Activity Node.
5
6 Tom. Altieri made a PowerPoint presentation.
7
8 2030 Comprehensive Plan Land Use Element Map Amendment
9 Area "A"
10
11 Proposed Action
12 Land Use Element Map amendment -
13 Area A, 423 acres
14 From: Agricultural Residential
15 To: Commercial Industrial Transition Activity Node (CITAN)
16
17 Agricultural Residential -Prevailing land uses are related to the land (agriculture, forestry) and
18 appropriate for continuation of these uses.
19 CITAN -Land appropriate for retail, manufacturing, office, and multi-family.
20
21 Key Amendment Points
22 - Implements a recommendation in the Efland/Mebane Small Area Plan
23 - Consistent with Economic Development and Land Use goals and objectives of
24 Comprehensive Plan
25 - Appropriate for urban development along I-85/40 corridor and adjacent to Mebane.
26 - Establishes consistency with. WASMPBA
27 - Creates potential for rezoning to non-residential districts (General or Conditional Use
28 Districts)
29 - No developments are proposed in Area A
30 - Zoning to remain Agricultural_Residential (AR)
31 o Any non-residential development must go through rezoning and public hearing
32 process
33 - Existing residential and agricultural uses can continue under existing "base" Zoning
34 - Amendment area is within the County's Primary Service Area
35 - Public utilities to support urban development and planned consistent with Agreement
36
37 Public Notification
DRAFT EXCERPT from 5/23/2011 QPH Minutes
1 Formal
2 - Completed in accordance with Section 2.3.6 of the UDO
3 o Newspaper legal ads for 2 successive weeks
4 o Mailed notices to affected property owners
5 o Mailed notices to property owners within 500 feet of affected properties
6 o Posted signs in amendment area
7
8 Informal
9 - Property Owners meeting March 7, 2011
10
11 Proposed Actions
12 Land Use Element Map amendments
i 3 - Area B, 118 acres
14 From: Agricultural Residential
15 To: Commercial Industrial Transition Activity Node (CITAN)
16
17 - Area C, 16 acres
18 From: Agricultural Residential
19 To: 10-Year Transition
20
21 Recommendation
22 - Receive the proposed amendment
23 - Conduct the Public Hearing and accept public, BOCC, and Planning Board comment
24 - Refer the matter to the Planning Board with a request that a recommendation be returned to
25 the Board of County Commissioners in time for the June 21, 2011 BOCC regular meeting
26 - Adjourn the public hearing until June 21, 2011 in order to receive and accept the Planning
27 Board's recommendation and any submitted written comments.
28
29 Land Use Category Descriptions
30 From:
31 Agricultural Residential -prevailing land uses are related to the land (agriculture, forestry) and
32 appropriate for continuation of these uses.
33 To:
34 CITAN -Land appropriate for retail, manufacturing, office, and multi-family (Area B)
35 And
12
DRAFT EXCERPT from 5/23/2011 QPH Minutes
13
1 10-Year Transition -suitable for higher density residential where public water/sewer is planned or
2 exists. (Area C)
3
4 Public Comment
5 Gloria Martin said that she lives in Area A. She asked how this impacted her and her
6 property in the future.
7 Tom Altieri said that the Comprehensive Plan and the Land Use Element Map that goes with
8 it is intended to express a vision for future land uses in the County. It is a general map
9 encompassing large areas showing where the commercial and residential areas are to go. This map
10 is being amended now. This land could .potentially be amended from an agricultural residential to a
11 CITAN. If that were done then any of the other non-residential zoning districts could be applied for.
12 This only creates potential for a rezoning where otherwise there is none.
13 Gloria Martin asked if they were safe on their property even if it is rezoned and it was
14 answered yes.. She does not want to be forced to sell her property if an industry rezones.
15 Dan Wilson asked what this would do to the property tax values. Craig Benedict said that the
16 value of the property will remain the same if the property remains AR. The tax value is based on
17 surrounding property sales.
18 Commissioner Jacobs clarified that if anything goes around residential areas, there will be
19 buffers around the property to mitigate the impact. He said that, realistically, if there is water and
20 sewer in this area, it will put a lot of pressure for people to buy it for economic development purposes,
21 which is the idea. People may offer residents more money for their property and people may build
22 around residential areas, but it wilt still be up to the property owners what they do to their property.
23 He said that he wants to be clear that water and sewer is a huge investment because it was
24 determined in the Efland/Mebane Small Area Plan that development should occur here.
25 Commissioner Jacobs made reference to people that had concerns below Bowman Road.
26 He said that in the discussions with Mebane, the County Commissioners made clear that the land
27 use plan did not account for the water and sewer being south of that road, and this is the same case.
28 The Comprehensive Plan says that there will be no water and sewer south of Bowman Road.
29 Mebane agreed upfront that it does not want to send water and sewer south of Old NC 10. He said
30 that this should be memorialized somehow with a discussion with Mebane. He said that there is a
31 meeting with Mebane on September 15"', and as the legislature is changing the annexation laws and
32 making it more difficult for municipalities to annex as they have in the past, it might be a good time to
33 try and reengage Mebane on planning together for where it is going to grow and not grow.
34
35 Mark Marcoplos asked if the sales tax referendum was going to pay for the water and sewer
36 infrastructure. Frank Clifton said that the County Commissioners have authorized design work on
37 utilities of abou# $3.5-4 million in the Efland area. This is under final design. Of that, $2.5 million will
38 be local dollars and the other will be from a grant some years ago. Going forward, the County will be
39 presented with the opportunity to begin construction of the sewer lines.
40
DRAFT EXCERPT from 5/23/2011 QPH Minutes
1 A motion was made by Commissioner McKee, seconded by Commissioner Hemminger to
2 receive the proposal to amend the Comprehensive Plan Land Use Element Map; refer the matter to
3 the Planning Board with a request that a recommendation be returned to the Board of County
4 Commissioners in time for the June 21, 2011 BOCC regular meeting; and adjourn the public hearing
5 until June 21, 2011 in order to receive and accept the Planning Board's recommendation and any
6 submitted written comments.
14
7 VOTE: UNANIMOUS
Excerpt of Draft Planning Attachment 5
1 Board Minutes DMINUT ST
2 ORANGE COUNTY PLANNING BOARD
3 JUNE 1, 2010
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Brian Crawford (Chair), At-Large, Eno Township; Larry Wright (Vice-Chair), At-Large,. Cedar Grove
8 Township; Judith Wegner, Bingham Township Representative; Rachel Hawkins, Hillsborough Township Representative; Alan
9 Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township Representative; Lisa Stuckey, Chapel
10 Hill Township Representative; Peter Hallenbeck, Cheeks Township Representative; Maxecine Mitchell, At-Large Bingham
11 Township;
12
I3
14 MEMBERS ABSENT: Mark Marcoplos, At-Large, Bingham Township; Andrea Rahrbacher, At-Large Chapel Hill Township; Vacant-
15 Eno Township Representative;
16
17
18 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coorriinator; Shannon Berry, Special
19 Projects Planner, Tina Love, Administrative Assistant II
20
21
22 (Documents handed out: O~ce/lnstitutional (0/I) UDO Text Amendments and Orange County Municipalities; Unified
23 Deveoopmenf Ordinance (UDO) Implementation Bridge)
24
26
27 AGENDA fTEM 8: 2030 COMPREHENSIVE PLAN LAND USE ELEMENT MAP AMENDMENT:
28 To make a recommendation to the BOCC on this item to amend the Land Use Element Map to change
29 the land use category of approximately 423 acres north of Bowman Road and south of the Interstates
30 85/40 from Agricultural Residential to Commercial-Industrial Transition Activity Node as heard at the
31 May 23, 2011 quarterly public hearing.
32 Presenfer.~ Craig Benedict, Planning Director
33
34 Craig Benedict: Reviewed Abstract. There were no comments at the public hearing that would lead us to make any changes to
35 our recommendation. One note from the public hearing was that in order to service the area near the Buclchorn Flea Market, the
36 Commissioners have put a plan together that combines public water and sewer services that would come through this area. The
37 staff would recommend the board consider approving -the land use change to Agricultural Residential to Commercial Industrial
38 Land Use.
39
40 Peter Hallenbeck: Do you have any more information about if there has been further discussion with DOT about an additional
41 interchange on I-85?
42
43 Craig Benedict: We had a meeting with DOT today to talk about some of these access management plans. This is known as
44 the Mattress Factory Road interchange. Tanger Outlet is over here which has a connection from Mebane Oaks Road through
45 Arrowhead Boulevard. This is now connected to Oakwood. They are examining an interchange there which may be many years
46 away. First putting it on an adopted plan and moving towards our Comprehensive Transportation Plan and having that added to
47 our MPO.
48
49 Peter Hallenbeck: I think that a critical part of this picture in this area is development that everyone is anticipating that extra
50 interchange. Having been involved in the Efland Small Area Plan, I see this and the other amendments as being very consistent
51 with what you hear from a lot of people to have more industry for tax base and jobs.
52
53 Rache! Hawkins: The green part on the map, Hebron Church Road, will that be changed to Commercial Industrial?
54
55 Craig Benedict: This is presently not Commercial Industrial. A variety of our planning documents have a cutoff between a
56 higher intensity development is all north of Bowman and West Ten Roads.
57
15
DRAFT 16
58 Judith Wegner: If there is water and sewer along Bowman Road, I would think that the fact that it's there even -though what you
59 just said, there would not intensive development in what is currently green. Would you assume there would potentially be further
60 development to the south?
61
62 Craig Benedict: Yes and no. We did plan an engineering planning study on what size the gravity sewer lines would have to be
63 in this area to take a lot of the upstream. We also considered the size of Mebane's super regional lift station so there are some
64 maximums. There would need to be a redesign of this if we are going to accommodate future areas to the south.
65
66 Judith Wegner: What does it assume about the Buckhorn Development?
67
68 Craig Benedict: The whole Buckhorn Development and out to Gravelly Hill Middle School could all flow this way.
69
70 Judith Wegner: It is being sized with that in mind?
71
72 Craig Benedict: Yes.
73
74 Larry Wright: In one of the previous OUTBoard meetings, Chuck Edwards of DOT said he would like to work with Orange
75 County on this and I would like to keep that offer alive.
76
77 Craig Benedict: We had a meeting with Chuck Edwards today and we started drawing circles on the map already and we will
78 continue that discussion. We are going to see some first cuts of these access management plans later this year.
79
80 Perdita Holtz: There is going to be one on an August agenda and the other will come in the November timeframe.
81
82 Craig Benedict: We are looking at water sewer and land use and we have also had discussion with Mebane. They are looking
83 at a southern loop that would use Rock Quarry Road and come through here.
84
85 MorioN made by Judith Wegnerthat we recommend the Commissioners adopt this proposal. We encourage staff to affirmatively
86 reach out t9 the neighborhood to keep them informed. Seconded by Buddy Hartley
87 VorE: Unanimous
88
89 Brian Crawford: I want to add that the amendment outlines are really helpful. I want to compliment staff and it helps me.
90
91 Craig Benedict: When we start proposing changes or suggestions, we begin with why are we doing this.
92
2