HomeMy WebLinkAboutAgenda - 10-18-2011 - 7eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 18, 2011
Action Agenda
Item No. ~~
SUBJECT: Unified Development Ordinance Text Amendment -Section 2.5.3 Site Plan
Specifications
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Land Use and Unified Development
Ordinance (UDO) Amendment Outline
Form (UDO/Zoning 2011-03)
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:
Michael D. Harvey, Planner III, 245-2597
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 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 Section B of Attachment 1.
Planning Director's Recommendation: Please refer to Section D of Attachment 1.
Planning Board Recommendation: Please refer to Section C.2 (a) of Attachment 1.
FINANCIAL IMPACT: Please refer to 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 2011-03
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 prolects 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
B. 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.e. Principles, Goals and Objectives)
Land Use Overarchine 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
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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 Hearing 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.
At the September 7, 2011 regular meeting the Board voted unanimously
to recommend approval of the proposed text amendment.
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b. Advisory Board Input
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.
c. Local Government Invitation
N/A
d. Outreach
d.1 General Public
Public Hearing process consistent with NC State Statutes and Oranee
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 within the UDO and formally establish a requirement 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 Five for additional detail.
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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.
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.
Pur 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:
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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 Larry Wright
PLANNING BOARD MEMBERS ABSENT: H.T. "Buddy Hartley", Rachel Phelps Hawkins,
Maxecine Mitchell, and Johnny Randall
C. PUBLIC HEARING ITEMS- Planning Board Chair Brian Crawford chaired these
items.
1. Unified Development Ordinance Text Amendment - To review agovernment-initiated
text amendment to Section 2.5.3 (Plan Specifications) of the Unified Development
Ordinance which will add language requiring development projects subject to site plan
approval to demonstrate compliance with adopted County access management and
connectivity plans.
Michael Harvey presented this item. He went over Attachment 1. He read some amended
language, as follows: "Compliance with County adopted access management, transportation, or
connectivity plans and denote the location of future roadways and access easements, whether public
or private, to ensure and encourage future connectivity."
Andrea Rohrhacher arrived at 7:09 P. M.
There was no public comment.
Brian Crawford noted that there is a Planning Board quorum.
Commissioner McKee asked Michael Harvey about a project when he was on the Planning
Board that there was a road that was stubbed out and there was opposition in the community. Also,
recently with the Habitat for Humanity, there was another stub-out to the property behind it. He
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asked if this addressed the issue of going in with astub-out to another piece of property and then
opposition to the further development in it to stop it.
Michael Harvey said that this amendment attempts to identify stub-outs and to ensure that
landlocked parcels are guaranteed access to a public road.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
approve the Manager's recommendation:
1. Receive the UDO text amendment request;
2. Conduct the public hearing 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.
VOTE: UNANIMOUS
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ATTACHMENT 4
Approved lOlS/11 9
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;
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12
13 MEMBERS ABSENT: Judith Wegner, Bingham Township Representative; Lisa Stuckey, Chapel Hiil 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 Transportation 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 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT: To make a recommendation to the BOCC on a
33 government-initiated text amendment to Section 2.5.3 (Plan Specifications) of the Unified Development
34 Ordinance which will add language requiring development projects subject to site plan approval to
35 demonstrate compliance with adopted County access management and connectivity plans, as heard at
36 the August 22, 2011 quarterly public hearing.
37 Presenter: Michael Harvey, Current Planning Supervisor
38
39 Michael Harvey: As you are aware from the public hearing this item is to amend the UDO to require individuals submitted site
40 plans demonstrate compliance with adopted access management and connectivity plans. No one spoke on this item at the
41 hearing.
42
43 Brian Crawford: Has the members of the Planning Board have a chance to review this item or have any additional comments. Is
44 there a motion?
45
46 MOTION made by Alan Campbell to recommend approval of this item. Seconded by Larry Wright.
47
48 VOTE: Unanimous
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ff~~ ? ATTACHMENT 5
Ordinance #: ~ V ~ ~ - ~ J~ ~ O
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 lT 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
~et#feug# =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;
~) 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.
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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
2011.
SEAL
and the seal of said County, this day of
Clerk to the Board of Commissioners