HomeMy WebLinkAboutAgenda - 08-23-2011 - 5oORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 23, 2011
Action Agenda
Item No. "O
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule for Upcoming Items
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Amendment Outlines (3)
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245- 2592
PURPOSE: To consider and approve process components and schedule for three government-
initiated items anticipated for the November 21, 2011 quarterly public hearing.
BACKGROUND: Three items are currently being prepared by Planning staff for the November
21, 2011 quarterly public hearing. The items are related to small area plan implementation,
economic development focus areas, and "housekeeping" in areas of the Comprehensive Plan
that were not updated during the 2008 Comprehensive Plan update but which cause ambiguity.
Amendment Outlines for these proposed amendments are attached for the Board's
consideration and approval:
1. Comprehensive Plan Land Use Element Map Amendment: Change land use category
from Agricultural Residential to 10-Year Transition Area on 47 acres south of McGowan
Creek.
2. Comprehensive Plan Text Amendments: Clean-up of Land Use category consistency
issues, Zoning matrix, overlay categories, references to Zoning Ordinance and
Subdivision Regulations, and other minor clean ups as discovered.
3. UDO Text Amendments: Clean-up, Minor, and Substantive amendments to some
processes and standards related to economic development.
FINANCIAL IMPACT: See Financial Impact included in each attached Amendment Outline.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outlines and direct staff to proceed accordingly.
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COMPREHENSIVE PLAN/LAND USE ELEMENT MAP
AND
UNIFIED D-EVELOPMENT ORDINANCE (UDO}
AMENDMENT OUTLINE
CP-2011-05
A. AMENDMENT TYPE
Map Amendments
® Land Use Element Map:
From: -Agricultural Residential
To: 10-Year Transition_
^ Zoning Map:
From: -
To: -
^ Other:
TexfiAmendments
^ Comprehensive Plan Text:
Section(s):
^ UDO Text:
^UDO General Text Changes
^UDO Development Standards
^UDO Development Approval Processes
Section(s):
^ Other: _ . __
B. RATIONALE
1. 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 establish consistency between the County's
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Land Use Plan and Water and Sewer Management Planning and Boundary
Agreement {WASMPBA), as well-as engineering design work that is presently taking
place in this amendment area.
The proposed Land Use Element Map amendment is approximately 4T-acres near
Efland and Brookhollow Road, along the south side of McGowan Creek from
Agricultural Residential to 10-Year Transition.
2. 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 bythe-Planning Board and
the Board of County Commissioners'. In analyzing this proposal, the following information is
offered:
To Be Completed for Public Hearing.
3. 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 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.
4. New Statutes and .Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
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August 23, 2011
b. Quarterly Public Heanng
November 21, 2011
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c. BOCC Updates/Checkpoints
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November 1, 2011 Legal Ad_ Approval _ _ _ _ _ _
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d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
___ _ _ __
a. Planning Board Review:
November 2, 2011 (preview)
December 7, 2011
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Outreach:
X General Public: Public Hearing process consistent with NC State Statutes
and Orange- County, ordinance requirements.
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^ Smali-Area Plan Workgroup: ',
^ Other
3. FISCAL IMPACT
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Expenditures for this project will be paid using Departmental funds budgeted for the
specific activity. Expenditures include:
• Legal Ad
• Signs
• Notification letters and postcards (postage and supplies)
Existing Planning staff included in the Departmental staffing budget will accomplish ',
the work required to process this amendment.
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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 utility
engineering design work that is presently taking place in this amendment area.
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E. SPECIFIC AMENDMENT LANGUAGE
N/A
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4
fan Com~reMe
d Use Ma n~-ve
p Amendme
n
'r`~ Streams
f~oeosea 10 Yr Transition - 10 YrTrans~ion
rshea Protection ea ~ 20 Yr
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_ (cITgN) Activity hloae
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Land Use Elernen -
t Map Amendmen
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®Amendment Area
..City Limits
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Rural Residential
Rural Gammunity Node
10 Yr Transition
20 Yr Transition
AR to 7Q YR Transition
Commercial Industrial
Transition gctiyity Node
(GITgI~I)
Eaa
-Agricultural Residential (qR
® Watershed protection ~
Critical Area
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taet
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COMPREHENSIVE PLAN/LAND. USE ELEMENT MAP
A-I1tD
UNI-PIED D~VELOPM~NT ORDINANCE (UDO)
AMENDMENT-OUTLINE-
CP-2011-0~
A. AMENDMENT TYPE
Map Ame~ndmen-- is
^ Land Use Element Map:
From: -
To: -
^ Zoning Map:
From: -
To: -
^ Other:
Text Amendments
-® Comprehensive Plan Text:
'.Section(s): Chapters 1-8; Appendix F; Appendix G (tentative)
^ Other:
B. RATIONALE
1. Purpose/Mission
The purpose of the proposed amendments to the text of the Comprehensive Plan is
to clean up many inconsistencies in the names of several land use categories and
terms as they are used throughout the document. In addition, with the adoption of
the UDO, the development ordinances referenced throughout the Comprehensive
Plan are now incorrect. The proposed amendment will include replacing the
references to the now repealed ordinances, as well as rectify the inconsistencies in
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the land use classifications as they appear throughout the_documen .
_..__.........?. --Analysis
Th_e intent of the proposed amendments is to recta -many inconsis encies in
land use classifications-and other terminologies-within-the adopted Comprehensive
Plan. The majority of these corrections are in sections of the Comp,=ehensive Plan
staff-was directed not to amend during the 2008 Comprehensive- Plarx update.
Making the classifications and terminologies consistent throughout the
Comprehensive Plan document is a necessary and relatively simple-fix that will limit
confusion and potential misinterpretations for users of the document.
3. Comprefiensive Plan Linl~age (i a Principles, Goals and Obie~ctives)
~^ 1.5.1. PURPOSE
The Comprehensive Plan is a "living" document. It should be revised and updated
regularly to ensur-e its relevance as the guiding document for County decision-
making. This-chapter outlines procedures for ongoing monitoring and updating of the
Comprehensive Plan.
^ 1-.5:3: AiVIENDMENTS
Monitoring and reporting activities will identify opportunities for updating and revising
the Plan. The Plan shouid be amended in a manner that maintains internal
consistency between Elements and upholds the basic. goals and objectives on which
it was formulated.
4. New Statutes and Rules
N/A _..__.........__._._ __......... __. _..'
C. PROCESS
'I. TIMEfRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
August 23, _2011
b. Quarterly Public Heari
November 2.1.2011
c. BOCC Updates/Checkpoints
November 1, 2011 Legal Ad Approval)
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: The public hearing process followed- is specified in the Orange
County UDO and is consistent with NC General Statutes.
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a. -Planning Board Review:
October 5, 201-1 -Ordinance Review Committee (ORC)
Decem-ber ~. 2011(Review/Recommendation)
b. Advisory Boa-rds:
c. Local Government Review;
d. Outreach:
^- General-Public: '.
^ Small Area Plan '
^ Other:
3. FISCAL IMPACT
_Consideration and approval of the proposed-amendments will Trot create the need for
additional funding. Existing Planning staff will research and write amendments, as
well as coordinate pr-ocessing and-reviews. Associated advertising costs were
included in the FY11-12 Budget.
D. AMENDMENT MAPLICATIONS
The proposed amendments will rectify many inconsistencies in several land use
classifications and other terminologies within the adopted Comprehensive Plan. Making !,
the classifications and terminologies consistent throughout the Comprehensive Plan
document is a necessary and relatively simple fix that will limit confusion and potential
misinterpretations for users of the document
E. SPECIFIC AMENQMENT LANGUAGE
_ _ __ _
Specific amendment language to follow at later date
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COMPREHENSIVE PLAN/LAND USE ELEMENT MAP
AN D
ItNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2011-06
A. AMENDMENT TYPE
Map Amendments
^ Land Use Element Map:
From: -
To: -
^ Zoning Map:
From: -
To: -
^ Other:
Text Amendments
^ Comprehensive Plan Text:
_ __
Section(s)
® U DO Text:
®UDO General Text Changes
®UDO Development Standards
®UDO Development Approval Processes
_.. _ _. _ _. _ _. _ _ __ 9 _ _ _ . _ __ _
Section(s): Sections 2.5.3,- 2.5.7, 2.5.8; Article 3 Zonin District Charts for
Various Commercial, Industrial, and Economic Development Zoning
Districts; Sections 4.2.6, 5.2, 6.2, 6.4, 6.3, 6.5.2, 6.6, 6.7, and 6.8;
Article_ 10 (Definitions); it may be determined tha# additional
Sections/Articles must be included for revision as the amendments
are written.
^ Other:
_ ....................._................._................_.......................... _............._ _......
B. RATIONALE
1. Purpose/Mission
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In accordance with:
• the BOCC directive to focus staff efforts on economic development-related
issues and
• the provisians of Section 2.8 (Zoning Atlas and Unified Development
Ordinance Amendments) of the Unified Development Ordinance, the Planning
Director has initiated text amendments to the Unified Development
Ordinance.
The purpose of the proposed amendments is to more strongly encourage non-
residential development in designated growth areas while balancing any adverse
impacts to adjacent properties and the environment (see Sections D and E below for
further discussion). __.
2. Analysis
__.
As required under Section 2.8.5 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
considera#iorrby the-Planning Board and the Board of County Commissioners'.
The required analysis will be completed before the pubhc hearing.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and- Obiiectivesl
_.
Board of County Commissioner' Planning Principles: 7 Promotion Of Economic
Prosperity And Diversity: Development of a diversity-of new businesses and
expansion of existing businesses should occur in Orange County.
Economic Development Element Obiective ED-1.5: Identify barriers to development
of desirable businesses and local businesses, and mitigate these barriers..
Economic Development Element Objective ED-2.1: Encourage compact and higher
density development in areas served by water and sewer.
Economic Development Element Objective ED-2.8: Adjust ongoing designation and-
zoning of Economic Development Districts to avoid the area designated as the Rural
Boller.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
Land Use Element Objective LU-4.2: Review and amend the Orange County Zoning
and Subdivision Ordinances to identify and eliminate existing regulatory impediments
to objectives identified in the Comprehensive Plan. Such objectives include but are
not limited to the development of energy efficient buildings within the County, water
efficiency standards for new development, and development of affordable housing.
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4. New Statutes and Rules
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C. PROCESS
a. Planning Board Review:
October 5, 2011 (Ordinance Review Committee)
December 7, 2011 (Review/Recommendation)
b. Advisory Boards:
Planning staff will provide the amendments to Economic Development staff for
review and comment in early October since the Economic Development
Commission has been disbanded.
c. Local Government Review:
These text amendments are not subject to JPA review because they do not
affect the Rural Buffer; however, Planning staff will inform the Towns of
Chapel H~II and Carrboro of the availability of the amendments when-they are
released.
d. Outreach:
3. FISCAL IMPACT
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Consideration and approval of the proposed amendments will not create the need for
additional funding. Existing Planning staff will research and write amendments, as
well as coordinate processing and reviews. Associated advertising costs were
included in the FY11-12 -Budget.
D. AMENDMENT IMPLICATIONS
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As discussed in E (below), the proposed amendment can be categorized into three
basic types:
• Clean-upP'Housekeeping"
• Minor but more substantive than aclean-up
• Substantive
The amendments are in response to the BOCC directive to focus on economic
development-related initiatives. The proposed amendments are intended to more
strongly encourage non-residential development in designated growth areas while
balancing any adverse impacts to adjacent properties and the environment. If adopted,
the more substantive amendments are likely to make non-residen#ial development in
designated growth areas less onerous while continuing to result in a quality development
project that minimizes adverse impacts.. _
E. SPECIFIC AMENDMENT LANGUAGE
Specific amendment language is not yet completed but will be available for Planning
Board Ordinance Review Committee (QRC) review/comment in early October.
Some of the proposed amendments are "housekeeping" in nature and involve actions
such as:
1. Moving a section of the UDO to a different section (discovered to work better now
that staff has been using the UDO for a few months), and
2. Adding "Commercial-Industrial Activity Node" to several zoning district charts in
the "Applicability" section (the Comprehensive Plan's Land Use and Zoning Matrix
chart already allows the zoning district to be applied in the land use category; this
would merely make it explicit in the regulatory document [UDO]).
3. Correcting a Land Use Buffer type in Table 6.8.6.D that conflicts with
requirements for the Major Transportation Corridor (MTC) overlay district.
Other proposed amendments are minor but more substantive than a "housekeeping"
item. Examples of these include:
4. Adding a definition for "Research Facility" and amending the definitions for
"Industrial" (all subgroups -Light, Medium, and Heavy) to better define the types '.
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of uses that are applied to each of these categories.
5. State precisely how the non-residential use acreage limits are calculated in
Section 4.2.6.
The last category of amendment types are substantive in nature and, if adopted, will
change some of the standards and processes for non-residential development in
designated growth areas (i.e., Economic Development Districts, Commercial Transition.
Activity PJodes, Industrial transition Activity Nodes, Commercial-Industrial Activity Nodes,
and Rural Activity Nodes). The proposed amendments are intended to more strongly
encourage non-residential development in designated areas while balancing any
adverse impacts to adjacent properties and the environment. Examples of-the more
substantive amendments staff intends to bring forward to the November quarterly public
hearing are:
6. Collapsing Table 6.8.12.C (Land Use -Buffer Schedule for the Economic
Development Districts) into fewer categories.
7. Removing the requirement in Section 6.2.5 (and referred to in various Article 3
Zoning District Charts) that does not allow more than one principal use on any
zoning lot unless approved as a Conditional _Use District or a Conditional Zoning
District or if the parcel is less than two acres in size and the non-residential
multiple uses within a single principal structure. Staff intends to propose that this
requirement be removed for properties in designated growth areas.
8. Removing the requirement in Section 6.2.6 (and referred to in various Article 3
Zoning District Charts) that-non-residential uses in more than one principal
structure on anon-residential zoning lot greater than two acres of size can be
permitted only as a Conditional Use District or a Conditional Zoning District. Staff
intends to propose that this requirement be removed for properties in designated
growth areas.
9. Changing the way Land Use Intensity Measures are administered in the
Economic Development Districts. Rather than using Building Volume Ratios
(BVR), Landscape Volume Ratios (LVR) and Site Volume Ratios (SVR), staff will
propose- that the Economic Development Districts instead be subject to the same
types of ratios used in other zoning districts, namely Floor Area Ratios (FAR),
Open Space Ratios (OSR), and Pedestrian/Landscape Ratios (PLR).
The list above is not an exhaustive list of the proposed amendments but highlights the
more substantive proposed changes and gives examples of the types of lesser changes
staff is working on. When the amendment packet comes forward, staff will somehow
differentiate the types of changes (clean-up, minor, substantive), likely by using color
coding. __ __ __ - -_ _ _ _ _ _ _ __