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HomeMy WebLinkAboutAgenda - 08-22-2011 - C.ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 2011 Action Agenda Item No. C.1 SUBJECT: Unified Development Ordinance Text Amendment -Section 2.5.3 Site Plan Specifications DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Land Use and Unified Development Michael D. Harvey, Planner III 245-2597 Ordinance (UDO) Amendment Outline Craig Benedict, Director 245-2575 Form (UDO/Zoning 2011-03) 2. Draft UDO Ordinance Amendment 3. OUTBoard Recommendation PURPOSE: To hold a public hearing and receive comment on a Planning Director initiated Unified Development Ordinance (hereafter `UDO') text amendment requiring site plans to demonstrate compliance with County adopted access management and connectivity plans. BACKGROUND: Please refer to Attachment One. Procedural Information and Analysis: Please refer to Attachment(s) One, Two, and Three. Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, legal ads for the public hearing were placed in two newspapers of general circulation in the County for two successive weeks. FINANCIAL IMPACT: Please see Attachment One. RECOMMENDATION(S): The Planning Director recommends the Board: 1. Receive the UDO text amendment request, 2. Conduct the Public Hearing and accept public comment(s) on the petition, 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the October 18, 2011 BOCC regular meeting, and 4. Adjourn the public hearing until October 18, 2011 in order to receive the Planning Board's recommendation and any submitted written comments. ATTACHMENT 1 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO/ZONING 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 From: To: 1.c UDO Text Article Two (2) Procedures Section 2.5.3 Plan Specifications of the Unified Development Ordinance (UDO). Revise existing regulations for projects requiring site plan approval to demonstrate compliance with County adopted transportation access management plans. 1.d Zoning Map From: To: 2. UDO Development Standards 3. UDO Development Approval Processes 6. 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, transportation improvement, and connectivity plans to ensure protection of proposed, delineated, roadways and promote connectivity amongst adjacent properties. Currently, Section 1.1.7 Conformance with Adopted Plans requires the provisions of the UDO, including site plan approval, shall be: '... consistent with the goals and policies included in the Orange County Comprehensive Plan and/or any specialized study approved by the Orange County Board of Commissioners relating to land use development ....' It has been determined additional language is necessary to properly ensure elements of County adopted access management plans, including location and dedication of future roadways, are properly denoted on site plans. • Comprehensive Plan Linkage (i a 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 3 Page 1 of 4 4 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. 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 State Statutes and Rules Not Applicable C. PROCESS C.1 TIMEFRAME/MILESTONES/DEADLINES a. Quarterly Public Hearing date August 22, 2011 b. BOCC updates/checkpoints June 21, 2011- BOCC approval to proceed October 18, 2011- BOCC Decision 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 -note the briefing did not occur as the August regular meeting was cancelled. September 7, 2011 (for recommendation) b. Advisory Board Input Page 2 of 4 5 OUTBoard -per BOCC direction on June 21, 2011, the OUTBoard is to provide input no later than August 1, 2011. On July 20, 2011 the OUTBoard voted unanimously to recommend approval of the proposed amendment. Please see Attachment Three for additional detail. c. Local Government Invitation N/A d. Outreach d.1 General Public Public Hearing 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 required under Section 2.8.5 of the UDO, staff recommends approval of the proposed amendment. Planning staff believes that the amendment is necessary to address existing ambiguous language withir. the ! ADO and formally establish a reauirement that projects involving site plan approval are required to demonstrate that they comply with County adopted access management and connectivity plans. Further, this amendment is necessary to ensure that roadway locations are reserved and preserved to promote connectivity and avoid future conflict. E. SPECIFIC AMENDMENT LANGUAGE Currently proposed language is as follows: Compliance with County adopted access management, transportation, or connectivity plans and denote the location of future roadway(s) and access easements, whether public or private, to ensure and encourage future connectivity Please see Attachment Two for additional detail. Page 3 of 4 ATTACHMENT 2 Ordinance #: 7 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, there is a need to review and, as necessary, revise existing land use regulations over time, and WHEREAS, the Orange County Planning Director is authorized to initiate text amendments, and WHEREAS, there is a concern over the lack of specific language requiring projects needing site plan review to comply with adopted access management plans, and WHEREAS, the amendment is necessary to ensure compliance with adopted plans as well as encouraging and promoting acceptable traffic circulation patterns and connectivity, and WHEREAS, the County has held the required public hearing and has found the proposed text amendment is consistent with the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance (UDO) of Orange County is hereby amended as follows: RED = .Proposed Text ~r~et~eagk- =Deleted Text Section 1. Section 2.5.3 Plan Specifications be amended as follows: (T) Methods of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited; (U) Compliance with County adopted access management, transportation, or connectivity plans and denote the location of future roadway(s) and access easements, whether public or private, to ensure and encourage future connectivity; and (~~ Additional information may be required based on the site location and the type of development proposed. Section 2, That this ordinance be placed in the book of published ordinances. Section 3. This ordinance is effective upon its adoption. 8 Upon motion of Commissioner seconded by Commissioner ,the foregoing ordinance was adopted this day of , 2011. 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 2011 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2011. SEAL Clerk to the Board of Commissioners Attachment Three 9 -~ °~~~ Orange Unif e~ Transportation Boar PO Box 8'(81 Hillsborough, NC 27278 Memorandum ®ate: July 20, 2011 To: Orange County Board of County Commissioners From: Nancy Baker, Chair Orange Unified Transportation Board Q,UC C ~~'~ L%~ a Subject: Re~~~///commendation regarding proposed amendment to the .Orange County Unified Development Ordinance (UDO) to require site plan compliance with any access management plans approved by the Board of County Commissioners At its meeting on July 20, 2011, the Orange Unified Transportation Board (OUTBoard) voted unanimously to recommend Orange County Board of Commissioners approve a proposed staff initiated amendment to the Orange County UDO requiring sites plans to demonstrate compliance with County adopted access management or connectivity plans_ The OUTBoard understands that the additional language will ensure elements of County adopted access management plans will be implemented in all development requiring site plan approval.