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HomeMy WebLinkAboutORD-2003-144 Grpwth Management System Lot Tresholds Zoning OrdORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 24, 2003 Action Agenda Item No "N' ,' SUBJECT: Concurrent Text Amendments to the Orange County Zoning Ordinance and Orange County Subdivision Regulations Growth Management System Lot Thresholds DEPARTMENT: Planning and Inspections ATTACHMENT(S): Table, Growth Management System Map, Growth Management System Ordinance, Special Use Subdivision 1065 PUBLIC HEARING: (Y /N) 0 INFORMATION CONTACT: Craig Benedict, Planning Director Ext 2592 Geoff Gledhill, County Attorney John Link, County Manager, Ext 2300 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To hear citizen and public comments regarding the proposed text amendments to the Zoning Ordinance and the Subdivision Regulations. The proposal would require major subdivisions with more than 20 lots, in Rural Designated areas, to follow a planned development/special use`permit/zoning atlas amendment process. BACKGROUND: On November 5, 2003 the Orange County BOCC adopted a Growth Management System. Forty -one (41) lots and above were determined to be the threshold whereby Rural Designated subdivisions would undergo a rezoning. Although the Planning Board, at their September 3, 2003 meeting, recommended a Growth Management System with different lot number thresholds, their recommendation could not be considered by the BOCC on November 5t' because of public notification legal requirements. Specifically, the legal advertisement for the August 25, 2003 Joint Public Hearing did not support, from a legal notification standpoint, the Planning Board's recommendation. Therefore, a new legal ad was requested by the BOCC to be published providing notification that a Public Hearing would be conducted on November 24, 2003 to consider amending the County's newly adopted Growth Management System to incorporate the lot number thresholds that were recommended by the Planning Board on September 3rd which would further reduce the rezoning threshold in Rural Designated areas to 21 lots and above. G: \Comprehensive Planning Div \GENE\2003 Public Hearings\Nov 24\Subdivs of 20+ Lots PDSUP\Abstract 111203.doc 0 6 2 A technical rationale was developed to differentiate the impacts of potential traffic generated by subdivisions of different lot counts and based on the type of road. Road widths and design configurations can accommodate varying amounts of traffic volume, so it is important to evaluate the relative_ impacts to a road system not based solely on lot count but also on the capacity /design of the adjacent road. Below are some examples of how traffic impacts can be equated on different roads and different size /scale subdivisions. The thresholds are objectively based on percentage traffic increase to the total capacity of the road system. One must also understand that prior to total road capacity buildout, the road has actual lower traffic counts that, from a subjective standpoint, create a relatively higher percentage traffic increase in the interim. DAILY CAPACITY Subdivision Subdivision Rural Road Suburban Road Urban Road Size Traffic 2 -lane (LOS `B') 2 -lane (LOS `D') 3 -lane (LOS `D') (# of Lots) (Trips Per Day) 4, 0 00 12, 0 00 ,0 16,000 20 200 5.0 1.7 1.3 40 400 10.0 3:3 2.5 80 800 20.0 6.7 5.0 The impact of projects in rural areas with over 5.0% traffic increase above total capacity comports to significant changes warranting the additional review through the subdivision and zoning process. Although Level of Service (LOS) `D' is commonly used as a benchmark for urban planning purposes, a LOS 'B' may be more appropriate in rural areas where maintaining rural character and safety for agricultural operations is of greater importance. The following provides a summary of the Articles /Sections of the County's Subdivision Regulations and Zoning Ordinance that will need to be amended to incorporate the proposed changes to the Growth Management System lot number thresholds. The attached table provides the existing and proposed thresholds. Subdivision Regulation Changes: Amend Section II (Definitions) and Section III -D -3 (Preliminary Plat Approval) of the Subdivision Regulations to require subdivisions with more than 20 lots in rural designated areas to follow a planned development/special use permit/zoning atlas amendment process. Specifics provided in attached Ordinance. Zoning Ordinance Changes: Amend Article 22 (Definitions), Article 4.1 (Establishment of Use Regulations), Article 4.3 (Permitted Use Table), and Article 6.29.4 (Additional Requirements for Certain Subdivisions) of the Zoning Ordinance to require subdivisions with more than 20 lots in rural designated areas to follow a planned development/special use permit/zoning atlas amendment process. Specifics provided in attached Ordinance: Process 1) Public Hearing to be held on November 24, 2003. 2) Planning Board to make recommendation to BOCC. 3) BOCC makes final decision GAComprehensive Planning Div1GENE\2003 Public Hearings\Nov 24\,Subdivs of 20+ Lots PDSUP\Abstract 111203.doc 0(113 FINANCIAL IMPACT: There is no public financial impact associated with this item. RECOMMENDATION(S): Planning Staff recommends Approval of the amendments. Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation returned to the BOCC no sooner than December 9, 2003. WComprehensive Planning Div \GENE\2003 Public Heafings\Nov 24\Subdivs of 20+ Lots PDSUP\Abstract 111203.doc 0 1 9 ORANGE COUNTY PLANNING DEPARTMENT 12 ATTACIUdENT 1 306F REVERE ROAD November 24, 2003 HILLSBOROUGH, NORTH CAROLINA 27278 BOCC MEETING TABLE, GROWTH MANAGEMENT SYSTEM URBAN DESIGNATION (NO CHANGEPROPOSED) WITHIN TRANSITION AREA OVERLAY AND WATER AND SEWER SERVICE AREAS 1] PRIMARILY RURAL RESIDENTIAL R-1 AND OTHER ZONING DISTRICTS TAN* Decision Processes: (L) — Legislative (QJ) — Quasi - Judicial [1] Includes Adopted Comprehensive. Plan 10 & 20 -Year Transition Areas and EDD located in Water and Sewer Boundary Agreement Service Areas *See New Zoning District Map a /k/a Special Use Subdivision Growth Management System Map Annotation Notes: (not to be part of Ordinance) • All Subdivision proposals must also be in accordance with Land Use Density and Zoning Regulations. • No change recommended for Minor Subdivisions or Major Subdivisions equal W or less than 20 lots MA30R SUBDIVISIONS STANDARD CLASS A SPECIAL USE PERMIT PLANNED MAJOR DEVELOPMENT 1. Number of Lots 6 -20 21 -40 41 -79 80+ Yes, Yes, Yes, Yes, Minimum Existing Standards in Section Standards in Section Standards in Section 2. Subdivision Upgraded IV of Subdivision Code IV of Subdivision IV of Subdivision Design Standards in Code Code Standards Section IV of Subdivision Code Yes, Yes, Yes, General General General Requirements Requirements in Requirements in in Article 8.1 -8.7, 8.8 Article 8.1- 8.7,8.8 Article 8.1 -8.7, 8.8 4. Special Use No a -d and a -d and a -d and Permit (QJ) Specific Requirements Specific Specific in 8.8.29.1A Requirements in Requirements in 8.8.29.1A and 8.8.29.1A and 8.8.29.16 8.8.29.18 Planned Yes, Development 3. Zoning No No No Requirements in Amendment Article 7 of Zoning (L) Code Decision Processes: (L) — Legislative (QJ) — Quasi - Judicial [1] Includes Adopted Comprehensive. Plan 10 & 20 -Year Transition Areas and EDD located in Water and Sewer Boundary Agreement Service Areas *See New Zoning District Map a /k/a Special Use Subdivision Growth Management System Map Annotation Notes: (not to be part of Ordinance) • All Subdivision proposals must also be in accordance with Land Use Density and Zoning Regulations. • No change recommended for Minor Subdivisions or Major Subdivisions equal W or less than 20 lots 090 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 RURAL DESIGNATION OUTSIDE OF TRANSITION AREAS BALANCE OF COUNTY'S ZONING JURISDICTION GREEN* 13 ATTACHMENT 1 November 24, 2003 BOCC MEETING Decision Processes: (L) —Legislative (QJ) — Quasi - Judicial *See New Zoning District Map a /k/a Special Use Subdivision Growth Management System Map Annotation Notes: (not to be part of Ordinance) • No change recommended for Minor Subdivisions or Major Subdivisions equal to or less than 20 lots MAJOR SUBDIVISIONS MAJOR GLASS A SPEGIAL 14SE E REE PLANNED DEVELOPMENT/ CLASS A SPECIAL USE PERMIT 1. Number of Lots 6 -20 2#49 4-1-+21+ 2. Minimum Design Yes Yes,- Yes Standards Existing Upgraded Standards Se tien 1V f Standards in Section IV of Standards in Subduyisien Subdivision Code Section IV of Subdivision Code 4. Yew Yes, Special Use Permit No ,.�����, ,,,,,, ,;.�.., ...r ;� ; �;, ;� R General Requirements in Article (QJ) Q zd ,..d ��n. ;� , 8.1 -8.7, 8.8 a -d and Specific 8.18.7, ' �'�` Requirements in 8.8.29.1A and Requirements ' 8.8.29.16 3. Planned Yes, Development NO Zoning Requirements in Article 7 of Amendment (L) Zoning Code Decision Processes: (L) —Legislative (QJ) — Quasi - Judicial *See New Zoning District Map a /k/a Special Use Subdivision Growth Management System Map Annotation Notes: (not to be part of Ordinance) • No change recommended for Minor Subdivisions or Major Subdivisions equal to or less than 20 lots Grog h Man urban and �t %%ent s �chmei e,►,._, _ Rural ���:___ VSta.%, Ordinance to Public Hearing Bold = Proposed Language Stt#reugk = Deleted Language An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Subdivision Regulations and the Orange County Zoning Ordinance are hereby amended as -follows Section 1. SUBDIVISION REGULATIONS. Amend Definitions Section H to delete the Major Subdivision, Class A Special Use, Rural Designated and revise the number of lots for the Major Subdivision, Planned Development Class A Special Use, Rural Designated to read follows: Major Subdivision 1) Major Subdivision, Standard — All subdivisions not classified as either Minor Subdivision or Major Subdivision, Class A Special Use or Major Subdivision, Planned Development. ME SWIM- - 2) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots)- - A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3) Major Subdivision, Planned Development/Class A Special Use, Rural Designated (41- 21+ Lots)-- A tract of land in a Rural Designated area that is proposed for a subdivision of 44- 21 or more lots. 4) Major Subdivision, Planned Development/Class A Special Use, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Ramal - Designatede Urban Designated), or a Major Subdivision, Planned Development/Class A Special Use, (Rural Designated or Urban Designated) the number of lots created shall be determined by counting the cumulative number of regulated lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Amendments] Section 2. SUBDIVISION REGULATIONS. Amend Section III -D -3 to read as follows: V nn Ordinance to Public Hearing Preliminary Plat Approval Application and approval procedures specified in this Section apply to all Preliminary Plats except and to the extent that applicable Orange County Zoning Ordinance application and approval procedures pertain. The applicant of a major subdivision not otherwise classified as a Major Subdivision, Class A Special Use (Ramal-1 esigEmtede Urban Designated) or a Major Subdivision, Planned Development/Class A Special Use (Rural Designated or Urban Designated) may choose to vest the Preliminary Plat for a longer time period than is otherwise provided by this Section. If he /she wishes to exercise this option, the application approval procedures required for Class A Special Uses shall apply as specified in Article 8 of the Orange County Zoning Ordinance for a Site Specific Development Plan Special Use. Those subdivisions of land, which are a Class A Special Use under this Ordinance and under the Orange County Zoning Ordinance, shall comply with the requirements of the Orange County Subdivision Regulations and the Orange County Zoning Ordinance. Section 3. ZONING ORDINANCE Amend Definitions Article 22 to delete the Major Subdivision, Class A Special Use, Rural Designated and revise the number of lots for the Major Subdivision, Planned Development Class A Special Use, Rural Designated to read follows: Major Subdivision 1) Major Subdivision, Standard — All subdivisions not classified as either Minor Subdivision or Major Subdivision, Class A Special Use or Major Subdivision, Planned Development. 2) Major- Sub&4sien, Class A Speeial Use, Rural Designated (21 111 T E)tS*l A of land in a Rufal Designated area that is a i�ivu of 21 A v y y T 2) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 3) Major Subdivision, Planned Development/Class A Special Use, Rural Designated (4121+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41- 21 or more lots. 4) Major Subdivision, Planned Development/Class A Special Use, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Ordinance to Public Hearing For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use tech a Urban Designated), or a Major Subdivision, Planned Development/Class A Special Use, (Rural Designated or Urban Designated) the number of lots created shall be determined by counting the cumulative number of regulated lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of [the effective date of these Amendments] Section 4. ZONING ORDINANCE. Amend Article 4.1 by inserting the following after the last paragraph of Article 4.1: ** Within all districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development, Class A Special Use as follows: ' Was IN W, A - - 1) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 2) Major Subdivision, Planned Development/Class A Special Use, Rural Designated (4-1.21+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41- 21 or more lots. 3) Major Subdivision, Planned Development/Class A Special Use Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Section 5. ZONING ORDINANCE Amend Article 4.3 Permitted Use Table, by amending the following notes on each page of the permitted use table: Within all zoning districts certain subdivisions of land in "Urban Designated" and "Rural Designated" areas (as defined in Article 22) must be approved as follows: "Majer- Subdi-Asien of 21 40 Lots, Class A Speeial Use, Rufal Designate defined in AFtirale 22. "Major Subdivision of 41- 21+ Lots, Planned Development Class A Special Use, Rural Designated" as defined in Article 22. "Major Subdivision of 21 -79 Lots, Class A Special Use, Urban Designated" as defined in Article 22. 095 Ordinance to Public Hearing "Major Subdivision of 80+ Lots, Planned Development Class A Special Use, Urban Designated" as defined in Article 22. Section 6. ZONING ORDINANCE. Amend Article 6.29 Development Standards for the Economic Development (ED) Districts to add Section 6.29.4 as follows: 6.29.4 Additional Requirement for Certain Subdivisions -- Within all ED Districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special Use or as a Planned Development Special Use as follows: WINAWIFAM 1) Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) - -A tract of land in an Urban Designated area that is proposed for a subdivision of 21 -79 lots. 2) Major Subdivision, Planned Development/Class A Special Use, Rural Designated (41.21+ Lots) -- A tract of land in a Rural Designated area that is proposed for a subdivision of 41.21 or more lots. 3) Major Subdivision, Planned Development/Class A Special, Urban Designated (80+ Lots) -- A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Section 7. ZONING ORDINANCE. Amend Article 7.2 Planned Development Class A Special Use Defined to add Section 7.2e) as follows: e) A Major Subdivision, Planned Development Class A Special Use as described in Article 4.1. Section 8. This ordinance is effective upon its adoption. Section 9. That this ordinance be place in the file of published ordinances. NOW TIEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County" be adopted. Ordinance to Public Hearing V ' nn 7 � t Upon motion of Commissioner , seconded by Commissioner the foregoing ordinance was adopted this the day of , 2003. I, Donna S.' Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2003. SEAL Clerk to the Board of Commissioners b. Craig Benedict said that this is in regards to the growth management system lot thresholds. At the August public hearing, amendments were brought forward that classified certain areas as rural shown as green on the map and certain areas as urban designated. At that time, the public hearing announcement said that 41 lots + in a rural area would undergo a rezoning. The Planning Board thought that a 20 +lot provision was more in order to represent the impacts that could occur in a rural area. At the November5th meeting, the Board of County Commissioners went with the Administration's recommendation, which was 41+ lots with the rezoning because that is what the legal advertisement said'. The Board requested that 21 +:lots be considered at this public hearing. There are no changes to thresholds in the urban designated areas. He spoke about impacts of different subdivisions. The assumption for a rural road is that the average high speed is 70 miles per hour. The intent of the enhanced rural preservation and accommodating the agricultural community in these areas is to have a level of service on rural roads that is more accommodating for the agricultural traffic. The level of service B has been used in this analysis, and it shows that a 20-lot subdivision would create a 5% increase on the maximum capacity.. A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to accept the Administration's recommendation to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no later than December 9, 2003. VOTE`: UNANIMOUS 3. Text Amendments to the Orange County Zoning Ordinance a, Craig Benedict said that this is also a follow up to the August public hearing and a discussion concerning the permitted use table and special uses to regulate schools in different sections of the County. Previously, there have been regulations for schools to be located in an economic development district. It was suggested that a class special use process be brought back for everywhere a school is located (residential or EDD). This item has two parts. One is to make anywhere where schools are allowed now to have a class A special use process. This allows more input by the Planning Board and the Board of County Commissioners. In addition, there are other recently adopted special use standards that were very comprehensive. He made reference to the "pyramid" on the handout and explained it. He said that they have imported the regulations for subdivisions and have transferred them over for the use of schools. They have created a new district.