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HomeMy WebLinkAboutAgenda - 10-18-2011 - 7dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 18, 2011 Action Agenda Item No. ~ - (~ SUBJECT: Unified Development Ordinance Text Amendment -Article 10 (Definitions) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Land Use and Unified Development Ordinance (UDO) Amendment Outline Form (UDO/Zoning 2011-05) 2. Copy of August 22, 2011 Quarterly Public Hearing Advertisement 3. August 22, 2011 Quarterly Public Hearing Minutes 4. September 7, 2011 Planning Board Minutes 5. UDO Ordinance Amendment INFORMATION CONTACT: Perdita Holtz, Planner III, 245-2578 Craig Benedict, Director, 245-2575 PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decision 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: The proposed UDO text amendment was heard at the August 22, 2011 Quarterly Public Hearing. This is a "housekeeping" item to keep the definition of the same term consistent between the County's Comprehensive Plan and UDO. The definition in the Comprehensive Plan was changed on June 21, 2011. The form in Attachment 1 contains additional information and analysis regarding this UDO text amendment. Public Hearing: No members of the public, BOCC, or Planning Board spoke on this proposed UDO text amendment. Attachment 3 is the Minutes from the public hearing. Planning Director's Recommendation: The Planning Director recommends approval of this text amendment based on the following: 1. The UDO text amendment is reasonably necessary to promote the public health, safety, and general welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereof. Planning Board Recommendation: The Planning Board considered this item at its September 7, 2011 meeting. The Planning Board unanimously voted to recommend approval of this item. The draft Planning Board Minutes are included in Attachment 4. 2 Public Hearing Procedural Information: In accordance with Section 2.8.8 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 2.8.9(8) 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 September 7, 2011 Planning Board meeting. FINANCIAL IMPACT: See Section C.3 of Attachment 1. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board recommendation, 2. If necessary, deliberate further on the application, 3. Close the public hearing, and 4. Approve the Ordinance amendment as recommended by the Planning Board detailed within Attachment 5. 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 Zo-Wing (Map and/or Text) 1.a Land Use Text 1.b Land Use Map From: To: 1.c UDa Text Ar#icle 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 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 update the UDO text in order to be consistent with the usage of the same term as it appears in the adopted Comprehensive Plana • Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan. This amendment is -proposed in order to engage in "good housekeeping" in 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. Cluarterly Public Hearing date August 22, 2011 3 Page 1 of 3 4 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 requirements. 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 Srrrall 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 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 5 • 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- #esused-erg near major transportation routes that could be provided with public water and wastewater services and _~ ^^~+ ~^+or~o^+,^.,~ ,.,;+h i., e,}her n ~(1 ~r ~(1 c.+r Ti~n~ii+~non_~e~r~~ is appropriate for retail and other commercial usesi a~lef manufacturing and other industrial uses; office and limited (not to exceed 25% of any Node) higher density residential uses. Page 3 of 3 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 ali 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 Unifred 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 Af 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 Un~ed 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. 6 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. Purpose: To review the item and receive citizen comment on the proposed text amendments. 3. Una-fled 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 AcfiVity 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 prier 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 Wesi 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: 7 News of Orange Chapel. Hill Herald August 10, 2011 August 10, 2011 August 17, 2011 August 17, 2011 Attachment 3 $ APPROVED 9/20/2011 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD QUARTERLY PUBLIC HEARING August-22, 2011 7:00 p.m. The Orange County Board of Commissioners and the Orange County Planning Board met for a Quarterly Public Hearing meeting on Monday, August 22, 2011 at 7:00 p.m. at the DSS Building, Hillsborough Commons, in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: Annette Moore and Sahana Ayers COUNTY STAFF PRESENT: County Manager Frank Clifton and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford and members Alan Campbell, Pete Hallenbeck, Mark Marcoplos, Andrea Rohrbacher, Lisa Stuckey, Judith Wegner, and tang Wright PLANNING BOARD MEMBERS ABSENT: H.T. "Buddy Hartley", Rachel Phelps Hawkins, Maxecine Mitchell, and Johnny Randall ************************************** 3. Unified Development Ordinance Text Amendment - To review a government-initiated text amendment to Article 10 (Definitions) of the Unified Development Ordinance which will modify the definition of "Commercial-Industrial Transition Activity Node Land" to be consistent with the definition contained in the 2030 Comprehensive Plan. The definition contained in the 2030 Comprehensive Plan was modified on June 21, 2011. Perdita Holtz made a PowerPoint presentation. U00 Text Amendment Article 10 -Definitions UDO/ZONING 2011-05 Quarterly Public Hearing August 22, 2011 Item C.3 Proposed Action - Update definition of "Commercial-Industrial Transition Activity Node Land" in UDO o Consistent with changes made on June 21, 2011 to the same term in the Comprehensive Plan Proposed Text Amendment Commercial-Industrial Transition Activity Node Land 2 Land near major transportation routes that could be provided with public water and wastewater services and is appropriate for retail and other commercial uses; and/or manufacturing and other industrial uses; office and limited (not to exceed 25% of any Node) higher, density residential uses. Public Notification - Completed in accordance with Section 2.8.7 of the UDO o Newspaper legal ads for 2 successive weeks Recommendation - Receive the proposal to amend the UDG: - Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. - Refer the matterto 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. - Adjourn the public hearing until October 18, 2011 in order to receive and -accept tt~e Planning Board's recommendation and any submitted written comments. There was no public comment. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to receive the proposed amendments to the Unified Development Ordinance (UDO) as detailed in this abstract and attachments, 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, and adjourn the public hearing until October 18, 2011 in order to receive and accept the Planning Board's recommendation and any submitted written comments: VOTE: UNANIMOUS 9 Attachment 4 Excerpt of Minutes Approved 10/5/11 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 SEPTEMBER 7, 2011 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar Grove 7 Township; Alan Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township Representative; Mark 8 Marcoplos, At-Large, Bingham Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Peter Hallenbeck, Cheeks 9 Township Representative; Rachel Hawkins, Hillsborough Township Representative; Johnny Randall, At-Large Chapel Hill 10 Township; 11 12 13 MEMBERS ABSENT: Judith Wegner, Bingham Township Representative; Lisa Stuckey, Chapel Hill Township Representative; 14 Maxecine Mitchell, At-Large Bingham Township; 15 16 17 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Tom Altieri, Comprehensive 18 Planning Supervisor; Perdita Holtz, Planning Systems Coordinator; Glenn Bowles, Planner II; Tina Love, Administrative 19 Assistant II 20 21 22 OTHERS PRESENT: Sarah Lee, NCDOT; Randy Marshall; Chad Abbott, Summit Consulting; Susan Levy, Habitat for Humanity; 23 George Whiffed; Robert and Elvira Mebane; Annie Whiffed; 24 25 26 Documents handed out by sfaff.• Comprehensive Transportation Plan (CTP) Public Input Meeting Flyer Draft CTP Highway Map; 27 Draft CTP Public Transporfation and Rail Map; Draft CTP Bicycle Map; Draft CTP Pedestrian Map; Hard copy of CTP 28 PowerPoint Presentation 29 30 Visuals used during meeting: CTP PowerPoint; Access Management PowerPoint 31 32 3 3 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 34 36 37 AGENDA ITEM 11: UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT: To make a recommendation to the BOCC on a 38 on agovernment-initiated text amendment to Article 10 (Definitions) of the Unified Development 39 Ordinance which will modify the definition of "Commercial-Industrial Transition Activity Node Land" to be 40 consistent with the definition contained in the 2030 Comprehensive Plan, as heard at the August 22, 2011 41 quarterly public hearing. 42 Presenter: Perdita Holtz, Planner III 43 44 Perdita Holtz: Reviewed Abstract. 45 46 Brian Crawford: Any further discussion by the board? If none, I will entertain a motion. 47 48 MOTION made by Alan Campbell to approve the item as recommended. Seconded by Larry Wright. 49 VOTE: Unanimous 50 51 52 54 10 Ordinance #: ~ ~ l I '~ ~ ~~ Attachment 5 AN ORDINANCE AMENDING THE UNIFIED DE-~/ELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, on June 21, 2011 the Board of County Commissioners adopted an amendment to the Orange County 2030 Comprehensive Plan that, in part, amended the definition of "Commercial-Industrial Transition Activity Node", and WHEREAS, a similar term is used in Article 10 (Definitions) of the Orange County Unified Development Ordinance, and WHEREAS, it is prudent to keep terms used in companion documents consistent with one another, and WHEREAS, the Orange County Planning Director is authorized to initiate text amendments, 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 !T ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance (UDO) of Orange County is hereby amended as follows: Section 7. The definition of "Commercial-Industrial Transition Activity Node Lan" as found in Article 10 of the UDO be amended as shown below. Proposed deletions are in strike-through text and proposed additions are in underlined text. Commercial-Industrial Transition Activity Node Land Land #es~sed-erg near major transportation routes that could be provided with public water and wastewater services and is appropriate fior retail and other commercial uses; aadlef manufacturing and other industrial- uses: office and limited (not to exceed 25% of any Node) higher density residential uses. Section 2. That this ordinance be placed in the book of published ordinances. Section 3. .This ordinance is effective upon its adoption. Upon motion of Commissioner Commissioner day of seconded by _, the foregoing ordinance was adopted this 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 11 said Board at a meeting held on , 2011 as relates in any 12 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 SEAL 2011. Clerk to the Board of Commissioners