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Home My WebLink AboutAgenda - 08-22-2011 - C323 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.3 SUBJECT: Unified Development Ordinance Text Amendment -Article 10 (Definitions) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): 1. Land Use and Unified Development Ordinance (UDO) Amendment Outline Form (UDO/Zoning 2011-05) 2. Legal Advertisement INFORMATION CONTACT: Perdita Holtz, Planner III 245-2578 Craig Benedict, Director 245-2575 PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to Article 10 of the Unified Development Ordinance (UDO) regarding the definition of "Commercial-Industrial Transition Activity Node Land." BACKGROUND: On June 21, 2011 text in the County's Comprehensive Plan regarding Commercial-Industrial Transition Activity Nodes was amended. A modification to the definition in the Unified Development Ordinance is also necessary in order to keep the two documents consistent with one another. The BOCC authorized staff to move forward with this proposed text amendment at its June 21, 2011 regular meeting. The form in Attachment 1 contains additional information and analysis regarding the text amendment as well as the specific text change in Section E. Notification Procedural Requirements: In accordance with Section 2.8.7 of the Unified Development Ordinance, legal ads for the public hearing were placed in two newspapers of general circulation in the County for two successide weeks. Attachment 2 contains the legal advertisement. FINANCIAL IMPACT: See Section C.3 of Attachment 1. RECOMMENDATION(S): The Planning Director recommends the Board: Receive the proposed amendments to the Unified Development Ordinance (UDO) as detailed in this abstract and attachments. 2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on the proposed amendments. 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the BOCC in time for the October 18, 2011 BOCC regular meeting. 4. Adjourn the public hearing until October 18, 2011 in order to receive and accept the Planning Board's recommendation and any submitted written comments. 24 Attachment 1 LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE 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 made on June 21, 2011 to the same term in the Comprehensive Plan. 1.d Zoning Map From: To: 2. UDO Development Standards 3. UDO Development Approval Processes B. RATIONALE • Purpose/Mission !n 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 usage of the same term as it appears in the adopted Comprehensive Plan. • Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan. This amendrr~ent is p~oNOSed ir'i order to engage i.. "good housekeeping" it 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. Quarterly Public Hearing date August 22, 2011 25 Page 1 of 3 26 b. BOCC updates/checkpoints June 21, 2011- BOCC approval to proceed October 18, 2011- BOCC decision C.2 PUBLIC INVOLVEMENT PROGRAM Mission/Scope Public Hearing process consistent with NC State Statutes and Orange County ordinance reauirements. a. Planning Board Review August 3, 2011 Briefing (did not occur because August meeting was cancelled) September 7, 2011 (for recommendation) b. Advisory Board Input N/A 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 {MPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were 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 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'. For analyzing the proposed UDO text amendments, the following information is offered: Page 2 of 3 27 • This amendment is being proposed in order to ensure consistency between the term's usage in the County's Comprehensive Plan and the Unified Development Ordinance. The proposed language is identical to the Comprehensive Plan's language. The Planning Director recommends that the modified definition, as shown below, be adopted. E. SPECIFIC AMENDMENT LANGUAGE The specific changes are shown below. Proposed deletions are in strike-through text and proposed additions are in underlined text. Commercial-Industrial Transition Activity Node Land Land #esased-ee near major transportation routes that could be provided with public water and wastewater services and ^'°°~^^~+o.a rn•+rl ;.,+or~o,.+,,,.,~ ..,~fwa., ec+c,er rr ~n_ ,.. ~n voter Tr.+nni}inn Are ~+ tfaat is appropriate for retail and other commercial uses;. ands manufacturing and other industrial uses; office and limited (not to exceed 25% of anX Node) higher density residential uses. Page 3 of 3 28 Attachment 2 NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held at the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, August 22, 2011, at 7:00 PM .for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. PUBLIC HEARING ITEMS 1. Unified Development Ordinance (UDO) Text Amendment 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 the text of the Unified Development Ordinance. Text amendments are proposed to the following sections of the Unified Development Ordinance: - Section 2.5.3 Plan Specifications. Add language requiring development projects subject to site plan approval demonstrate compliance with adopted County access management and connectivity plans. The amendment is being proposed in order to create more orderly growth patterns. Purpose: To review the item and receive citizen comment on the proposed text amendments. 2. Unified Development Ordinance (UDO) Text Amendment 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 the text of the Unified Development Ordinance. Text amendments are proposed to the following sections of the Unified Development Ordinance: - Section 5.1.4(E) -Conditional Uses Exclusions. Split number (3) Class II Kennels/Riding Stables into two separate uses (Class II Kennels and Riding Stables/Academies) and renumber the remaining portion of (E) accordingly. - Sections 5.2.1, 5.2.2, and 5.2.3 -Table of Permitted Uses. Create a new land use category for Riding Stables/Academies and delete existing references to the use currently under the Kennel, Class II. - Section 5.6 -Standards for Commercial Uses. Split Section 5.6.5 Kennels or Riding Stables/Academies into two separate sections governing each land use, using the existing language pertinent to each land use in the new sections, and renumber the remaining portion of Section 5.6 accordingly. - Article 10 -Definitions. Modify and update existing definitions of Kennel (Class I), Kennel (Class II), and Riding Stable consistent with proposed modifications. 29 30. The amendment is being proposed in order to uncouple kennels and riding stables as a land use. No changes to the existing standards or approval processes are being proposed with this action. Pu ose: To review the item and receive citizen comment on the proposed text amendments. 3. Unified Development Ordinance (UDO) Text Amendment 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 the text of the Unified Development Ordinance. Text amendments are proposed to the following sections of the Unified Development Ordinance: - Article 10 -Definitions. Modify definition of "Commercial-Industrial Transition Activity Node Land" to be consistent with the definition contained in the 2030 Comprehensive Plan. This amendment is being proposed because the definition contained in the 2030 Comprehensive Plan was modified on June 21, 2011. Purpose: To review the item and receive citizen comment on the proposed text amendments. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Director of Planning at least 48 hours prior to the Public Hearing by calling one of the phone numbers below. The full text of the public hearing items may be obtained after August 12, 2011 from the Planning Department. The agenda abstract and attachments may also be obtained at the County website www.co.orange.nc.us at the Meeting Agendas link prior to the meeting. Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chapel Hill Herald August 10, 2011 August 10, 2011 August 17, 2011 August 17, 2011 2