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HomeMy WebLinkAboutAgenda - 06-21-2011 - 7cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. ~ Cs SUBJECT: 2030 Comprehensive Plan Map Amendments (CP-2011-02 and CP-2011-03) Areas B and C DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. BOCC Approved Amendment Outlines (CP-2011-02 and CP-2011-03) 2. Current/Proposed Land Use Element Map 3. Resolution Approving Map Amendments 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 County-initiated amendments to the 2030 Comprehensive Plan Land Use Element Map affecting approximately 118-acres along the general corridor of Interstates 85/40 and approximately 16-acres at the southern end of Gaines Chapel Rd. (The areas are currently classified as Agricultural Residential and proposed for either Commercial-Industrial Transition Activity Node (CITAN) or 10-Year Transition.) BACKGROUND: These proposed Land Use Element Map amendments were heard at the May 23, 2011 Quarterly Public Hearing. The forms in Attachment 1 contain additional information and analysis regarding these County-initiated Comprehensive Plan Land Use Element Map amendments in the Efland area. Although the two amendments, CP-2011-02 (Area "B") and CP-2011-03 (Area "C"), may be acted on separately by the Board, they are provided together as one agenda item for simplicity. Area B From: Agricultural Residential To: Commercial Industrial Transition Activity Node Area C From: Agricultural Residential To: 10-Year Transition 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 and 10-Year Transition area. No development project is proposed at this time. The County is proposing rezoning for a portion of the area to be included within the expanded CITAN. This is a subsequent item on tonight's agenda. Public Hearing: There were no comments on amendments CP-2011-02 (Area "B") and CP- 2011-03 (Area "C") at the public hearing. 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 these Land Use Element Map amendments based on the rationale and analysis provided in Attachment 1. Attachment 3 contains the proposed Resolution approving the map amendments. 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. The draft Planning Board Minutes are included in Attachment 5. 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 is addressed in Sections 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 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE CP 2011-02 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 118-acres 1.c Zoning Text 1.d Zoning Map From: Agricultural Residential (AR) To• Commercial-Industrial Transition Activity Node (See Map- Area B) From: 2. UDO Development Standards 3. UDO Development Approval Processes 1. 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 Smatl-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 118- acres along the general corridor of Interstates 85/40 from Agricultural Residential to Commercial Industrial Transition Activity Node. ~ 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 To: 3 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 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-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 TLMEFRAMf/MILESTONES/DEADLINES a. Setting of a Quarterly Public Hearing date 23. 2011 b. BOCC updates/checkpoints 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 a. Planning Board Review June 1, 2011 b. Advisory Board Input Page 2 of 4 c. Local Government Invitation City of Mebane d. Outreach d.1 General Public Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements d.2 Other d.3 Small Area Plan Workgroup C.3 FISCAL IMPACT Expenditures for this project have been paid using Departmental funds budgeted for the specific activity. Expenditures include: • Legal Ad: $287 (This item's portion of legal ad expense) • Signs: $256 • Notification letters and postcards (postage and supplies): $36 Existing Planning staff included in the Departmental staffing budget accomplished the work required to process this amendment. D. AMENDM-ENT IMPLICATIONS This amendment will provide consistency between the County's Land Use Plan and Water and Sewer Management Planning_and Boundary Agreement, as well as provide appropriate land use classifications in areas that were removed from the Critical Area when its boundary was adjusted in June 2010. Rezoning for economic development purposes cannot occur in this area unless a Land Use Element Map amendment is approved. 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: Page 3 of 4 s 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 evaluation of the Upper Eno Watershed Critical Area, amendments to the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA), and expansion of non-residential land use in the area. 2. This amendment is consistent with economic development and land use objectives of the Comprehensive Plan. 3. The request for the amendment has been deemed complete in accordance with the requirements of Section 2.3.8 of the Unified Development Ordinance. 4. 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. 5. This amendment is consistent with the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA). E. SPECIFIC AMENDMENT LANGUAGE (Not Applicable) Page 4 of 4 7 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE CP 2011-03 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 16-acres From: Agricultural Residential (AR) To: 10-Year Transition (See Map- Area C) 1.c Zoning Text 1.d Zoning Map From:_ 2. UDO Development Standards To: 3. UDO Development Approval Processes 1. 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 16- acres at the southern end of Gaines Chapel Rd to be changed from Agricultural Residential to 10-Year Transition. • 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-3.6: Establish consistency between the Land Use Plan and the Water and Sewer Management Planning and Boundary Agreement Page 1 of 4 8 and Map. Objective LU-3.8: Develop a process for implementing small area plan recommendations through the revision of County policies and regulations. Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. Housing Goal 1: A wide range of types and densities of quality housing affordable to all in all parts of the County. • New Statutes and Rules N/A C. PROCESS C.1 TIMEfRAME/MILESTONES/DEADLINES (See Attached) a. Setting of a Cluarterly Public Hearing date May 23, 2011 b. BOCC updates/checkpoints 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 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 Page 2 of 4 9 d.2 Other d.3 Small Area Plan Workgroup C.3 FISCAL IMPACT Expenditures for this project have been paid using Departmental funds budgeted for the specific activity. Expenditures include: • Legal Ad: $287 (This item's portion of legal ad expense) • Signs: $256 • Notification letters and postcards (postage and supplies): $37 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 between the County's Land Use Plan and Water and Sewer Management Planning and Boundary Agreement, as well as provide appropriate land use classifications in areas that were removed from the Critical Area when. its boundary was adjusted in June 2010. 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 evaluation of the Upper Eno Watershed Critical Area and amendments to the- Water and Sewer Management, Planning and Boundary Agreement (WASMPBA). 2. This amendment is consistent with land use and housing objectives of the Comprehensive Plan. 3. The request for the amendment has been deemed complete in accordance with the requirements of Section 2.3.8 of the Unified Development Ordinance. 4. 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 10-Year Transition classification. Page 3 of 4 10 S. This amendment is consistent with the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA). E. SPECIFIC AMENDMENT LANGUAGE (Not Applicable Page 4 of 4 Land Use Elem -- - _ ent dap gmendme nts - grey B and C ~PropoSed 1 OPropos ~'r Transition ed CITAN 0 Watershed pr ~Agricultura- °tecfion Critical Area Residential (AR} ~ 1Oyr Transition COfnmercial Industrial r(CIT sition qct-vity Node AN) ~.e~ Economic Development District ~ ~* ~~ ~~~N '~~~s 1g r ~'~~~~t~ -...._ AGr~s rr ~ .XS~ p t m~'850 het /~" tJ7~ !i ~ rt Fee[ Q~p ~qh QSAhpp~ed 8u~~l~timc ~__. N J r=F t~ , f rt~ x ~, ,1 `~{ :~ Amendment Areas e City limits Rural Co ETJ mmunity Node 10yr Transition Rura! Residential - 20yr Transition ~gnd use E~ernent Ma r ~ p Amendments ~~ ;`:; ° ~ n .~ _,-k ~I~fl In I Area A' AR to CIT Area g: AR to ClTAN Area C: AN r--r~,~AR tO ~~Yr Transition Commercial Industr Transition'gctivity Node (GITgN~ EDD Agricultural Watershe Residential (AR d Protection Critical Area N i rncn=3p~ ~ ket `~' .~.~ 1,M0 gyn.,. RESOLUTION # ~ ©~ ~ ~' O CD q Attachment 3 A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN CP-2011-02 and CP-2011-03 WHEREAS, Orange County initiated amendments to the Orange County 2030 Comprehensive Pian Land Use Element Map, as established in Section 2.3 of the Orange County Unified Development Ordinance (UDO), to reclassify approximately 118-acres from Agricultural Residential to Commercial-Industrial Transition Activity Node (CP-2011-02) and 16-acres-from Agricultural Residential to 10-Year Transition (CP-2011-03) ,and WHEREAS, amendment area CP-2011-02 is generally bounded by Mt. Willing Road, Southern Drive, 1-85/US-70 Connector, and Fnterstates I-85/40, and WHEREAS, amendment area CP-2011-03 is located at the southern end of Gaines Chapel Road, 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 amendments 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 fallowing: Principle 7: Promotion of Economic Prosperity and Diversity Economic Development (ED1 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. 13 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 14 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. Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. . Housing Goal 1: A wide range of types and densities of quality housing affordable to all in all parts of the County, and WHEREAS, the amendments are consistent with the Water and Sewer Boundary Agreement and Map and are afollow-up to Upper Eno Watershed Critical Area amendments, which occurred in June 2010. NOW THEREFORE BE IT RESOLVED by the Boatd 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 County Commissioners DRAFT EXCERPT from 5/23/2011 QPH Minutes Attachment 4 15 1 2030 Comprehensive Plan Land Use Element Map Amendment - To review a govemment- 2 initiated amendment to change the land use category of approximately 118-acres along the 3 general corridor of Interstates 85/40 in the Efland area from Agricultural- Residential to 4 Commercial Industrial Transition Activity Node and approximately 16-acres at the southern end 5 of Gaines Chapel Rd from Agricultural Residential to 10-year transition. These amendments are 6 a follow-up to the Upper Eno Watershed Critical Area zoning amendments that occurred in June 7 2010. 8 9 Tom Altieri made a PowerPoint presentation. 10 11 2030 Comprehensive Plan Land Use Element Map Amendment 12 AREAS "B" and "C" 13 14 Public Notification 15 - Completed in accordance with Section 2.3.6 of the UDO 16 o Newspaper legal ads for 2 successive weeks 17 o Mailed notices to affected property owners 18 o Mailed notices to property owners within 500 feet of affected properties 19 o Posted -signs in amendment areas 20 21 Key Amendment Points 22 - Implements recommendations in the Efland/Mebane small Area Plan 23 - Consistent- with Economic Development and Land Use goals and objectives of 24 Comprehensive Plan 25 - Consistent with adjacent land uses 26 - Establishes consistency with WASMPBA 27 - Creates potential for .rezoning to non-residential districts (Area B) and higher density 28 residential districts (Area C) 29 - No developments are proposed in Area B or C 30 - Existing residential, non-residential, and agricultural uses can continue 31 - A portion of Area B is also proposed for rezoning to Office/Institutional (Agenda Item C.7) 32 - Existing zoning to remain for Area C -any higher density residential development must go 33 through rezoning and public hearing process 34 35 Recommendation 36 - Receive the proposed amendments 37 - Conduct the Public Hearing and accept public, BOCC, and Planning Board comment DRAFT EXCERPT from 5/23/2011 QPH Minutes 1 - Refer the matter to the Planning Board with a request that a recommendation be returned to 2 the Board of County Commissioners in time for the June 21, 2011 BOCC regular meeting 3 - Adjourn the public hearing until June 21, 2011 in order to receive and accept the Planning 4 Board's recommendation and any submitted written comments 6 Public Comment ? None. 8 9 A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to 10 receive the proposal to amend the Comprehensive Plan Land Use Element Map;.refer the matter to 11 the Planning Board with a request that a recommendation be returned to the Board of County 12 Commissioners in time for the June 21, 2011 BOCC regular meeting; and adjourn the public hearing 13 until June 21, 2011 in order to receive and accept the Planning Board's recommendation and any 14 submitted written comments. 16 15 VOTE: UNANIMOUS Excerpt of Draft Planning Board Minutes Attachment 5 DRAFT 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 JUNE 1, 2010 4' REGULAR MEETING 6 7 MEMBERS PRESENT: Bflan 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 13 14 MEMBERS ABSENT: Mark Marcoplos, At-Large, Bingham Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Vacant- 15 Eno Township Representative; 16 17 18 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Shannon Berry, Special 19 Projects Planner; Tina Love, Administrative Assistant II 20 21 22 (Documents handed out: OfficeAnstitutional (0/I) UDO Text Amendments and Orange Cflunty Municipalities; Unified 23 Development Ordinance (UDO) Implementation Bridge) 24 26 27 AGENDA ITEM 9: 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 118-acres in the Efland area from Agricultural Residential to 30 Commercial-Industrial Transition Activity Node and approximately 16-acre at the southern end of Gaines 31 Chapel Road from Agricultural Residential to 10-Year Transition, as heard at the May 23, 2011 quarterly 32 public hearing. 33 Presenter.• Craig Benedict, Planning Director 34 35 Craig Benedict: There are two amendments in this arEa. One is to go from agricultural residential to commercial industrial 36 activity node. This is what I call backfilling this area with an appropriate land use after the watershed critical area changes were 37 made ;ast year. 38 39 Judith Wegner: Is this the area Commissioner Jacobs was asking about the on ramp? I wondered if that was discussed with 40 DOT? 41 42 Craig Benedict: This has a very unique slip ramp. That will be limited access. A full intersection is being discussed at the 43 intersection of Mount Willing here and Ben Johnson Road so there will be another type. of frontage road. Similar to Industrial 44 Drive in Mebane. We are doing what was done in the Mebane Industrial area. 45 46 Judith Wegner: Did they propose anything else because that has always been confusing and you would not want to replicate 47 something that was already confusing. 48 49 Buddy Hartley: I think that is all still interstate which you can't mess with. 50 51 Judith Wegner: Even DOT? 52 53 Buddy Hartley: No. 54 55 Craig Benedict: This is roughly a 150 acre area and the potential for development is the size of a Buckhorn Village. 56 57 MOTION made by Judith Wegner that we recommend this proposal be adopted. Seconded by Buddy Hartley. 58 VorE: Unanimous 59 17