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HomeMy WebLinkAboutAgenda - 02-07-2012 - 7c 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2012 Action Agenda Item No. �-G SUBJECT: 2030 Comprehensive Plan Map Amendment (CP-2011 05) Efland Area DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. BOCC Approved Amendment Outline Tom Altieri, Planner III, 245-2579 (CP-2011-05) Craig Benedict, Director, 245-2575 2. CurrenUProposed Land Use Element Map 3. Draft Minutes- November 21, 2011 Quarterly Public Hearing ' 4. Minutes - December 7, 2011 Planning Board Meeting 5. Resolution Approving Map Amendment PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and make a decision on a County initiated amendment to the 2030 Comprehensive Plan Land Use Element Map affecting approximately 47-acres near Efland and Brookhollow Road, along the south side of McGowan Creek (areas are currently classified as Agricultural Residential and proposed for 10-Year Transition). BACKGROUND: The form in Attachment 1 contains additional information and analysis regarding this County initiated Comprehensive Plan Land Use Element Map amendment in the Efland area. The map in Attachment 2 shows the location of the parcel, the current classification, and proposed 10-Year Transition area. No associated development project is proposed at this time. A minor subdivision was recently approved for a portion of the subject property but has not been recorded to date. 2030 Comprehensive Plan Map Amendment CP-2011-05 47-acres From: Agricultural Residential To: 10-Year Transition One of the fundamental planning tools used to achieve the stated goals and objectives of the Comprehensive Plan Land Use Element is the design and application of a Land Use Plan and Map. The Land Use Plan and Map reflect Orange County's vision for future land uses and is implemented primarily through the application of zoning. No rezoning is proposed at this time. Public Hearinp: The proposed 2030 Comprehensive Plan Land Use Element Map amendment was heard at the November 21, 2011 joint public hearing. No members of the public spoke on the proposed amendment. However, the BOCC asked about long-term potential impacts on the 2 Efland core area. The draft minutes for the November 21, 2011 joint public hearing are included in Attachment 3. Planninq Board Recommendation: The Planning Board considered this item at its December 7, 2011 meeting. The Planning Board unanimously voted to recommend approval of this item. The Planning Board Minutes are included in Attachment 4. Planninq Director's Recommendation: The Planning Director recommends approval of the proposed 2030 Comprehensive Plan Land Use Element Map amendment based on the rationale and analysis provided in Attachment 1. Attachment 5 contains the proposed Resolution approving the map amendment. Public Hearina Procedural ReQUirements• In accordance with Section 2.3.10 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 2.3.11(B) 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 December 7, 2011 Planning Board meeting. FINANCIAL IMPACT: See Sections C.3 of Attachment 1. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; and 3. Adopt the Resolution contained in Attachment 5, which approves the amendment. Attachment 1 3 COMPREHENSIVE PLAN/LAND USE ELEMENT MAP AND UNIFIED DEVELOPMENT 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: Text Amendments ❑ 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 Land Use Plan and Water and Sewer Management Planning and Boundary ' Agreement (WASMPBA), as well as engineering design work that is presently taking ; 4 place. : The proposed Land Use Element Map amendment is approximately 47-acres near Efland and Brookhollow Road, along the south side of McGowan Creek from Agricultural Residential to 10-Year Transition. 2. Analvsis __ _ _ i 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 ond, based ; upon that analysis, prepare a recommendation for consideration by the Planning Board and ; the Board of County Commissioners'. In analyzing this proposal,the following information is offered: 1. Staff has been authorized by the Board of County Commissioners to pursue small area plan implementation with a focus on economic development priorities. This proposed Land Use Element Map amendment conforms to the intent of the adopted Efland- Mebane Small Area Plan which recommends evaluation of the Upper Eno Watershed Critical Area and amendments to the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA). It is also consistent with other aspects of the adopted small area plan. ,; 2. This amendment is consistent with land use and housing objectives of the Comprehensive Plan. 3. The request for the amendment has been deemed complete in accordance with the requirements of Section 2.3.8 of the Unified Development Ordinance. i 4. The properties subject to this amendment are currently located within the Agricultural Residential land use category as denoted on the Land Use Element Map of the Comprehensive Plan and proposed for 10-Year Transition classification. 5. This amendment is consistent with the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA) and sewer engineering/design that is taking place to serve the broader Efland area. 3. Comprehensive Plan Linkaae (i.e. Principles, Goals and Obiectives) _ _ _ __ Land Use Overarchinq 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. Obiective LU-3.6: Establish consistency between the Land Use Plan and the Water and Sewer Management Planning and Boundary Agreement and Map. Obiective LU-3.8: Develop a process for implementing small area plan ' recommendations through the revision of County policies and regulations. Housinq Overarchinq Goal: Opportunity for all citizens of Orange County to rent or 2 5 purchase safe, decent, accessible, and affordable housing. , Housinq 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 ___ ___ __ _ _ . __ __ _ ___ _ __ ugust 23, 2011 __ _ _ __ ___ _ _ . _ __ b Quarterly Public Hearing __ _ __ ___ _ ____ __ _ ovember 21, 2011 _ _ _ __ _ _ _ _ . _ __._ __. c. BOCC Updates/Checkpoints November 1, 2011 Legal Ad Approval ___.. __ __ ; _ __ __ _ __ ; d. Other __ _ _. __ _ _ _.. _ ___ _ __ __ __ __ _ __ ___ _ __ _.. __ 2. PUBLIC INVOLVEMENT PROGRAM __ _ . _ __ _... _ __. _ ____ ' iss�on cope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: _. _ _ _. _ _ _ ___. __ November 2, 2011 (preview) — Meeting cancelled. Preview completed via e-mail. ; 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. This consists , of legal advertisements published for finro consecutive weeks ' prior to the public hearing, sign(s) posted on the parcel at least 10 days prior to the public hearing, mailed notification 3 6 to all property owners within 500 feet of affected parcel, and ' the pubhc hearing. _ _ __ . __ _ Smali Area Plan Workgroup: , _ __ _ _ __ ❑ Other: __ __ __ 3. FISCAL IMPACT _ _. _ __. _ _ .. Expenditures for this pro�ect 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. ___ __ _ _ _. _; D. AMENDMENT IMPLICATIONS __ _ _ _ This amendment will provide consistency befinreen 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. _ . __ __. _ _ . _ E. SPECIFIC AMENDMENT LANGUAGE ' N/A 4 ��I�YI rehensive Plan Attachment 2 . p , � lJse ap endrnent ( - 11 - 5) � - $ ;� '1 �` �� �A �� ,�`,, �,.�` �� ' ���` _ � `'i ;M. ��✓ � �r.r � a � � � �� � ���; � � � �� � ��.'� �� �.� �� Q �: �^� °. ^,� �`� ' .�- �� m— .'; � �, >��� �. ��� � � �� r �`� �, � o � . � � �� , � � � �� Z �} �� <,s����� J � �� � n '���. 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Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee and Steve 16 Yuhasz 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEY PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager 20 Michael Talbert and Deputy Clerk to the David Hunt (All other staff members will be identified 21 appropriately below) 22 PLANNING BOARD MEMBERS PRESENT: Vice-Chair Larry Wright, Alan Campbell, Pete 23 Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Rachel Phelps Hawkins, Maxecine Mitchell, 24 Johnny Randall and Andrea Rohrbacher ' 25 26 PLANNING BOARD MEMBERS ABSENT• Chair Brian L. Crawford, Judith Wegner, Lisa 27 Stuckey, ..............................................................................� 28 EXCERPT 29 30 C. PUBLIC HEARING ITEMS 31 3. Comprehensive Plan Land Use Element Map Amendment-To review a government- 32 initiated amendment to the Comprehensive Plan Land Use Element Map to change the land use 33 classification of approximately 47-acres near Efland and Brookhollow Road, along the south 34 side of McGowan Creek from Agricultural Residential to 10-Year Transition. 35 36 Note from Transcriber: Something happened with the formatting at this point and l could not 3 7 tab,because every time l hit`tab'it would go to the next page. So, that is why it is in 3 8 paragraph form with no indentions. 39 Commissioner Yuhasz said that this property owner is a survey client of his. After consultation with 40 the County Attomey,there is no direct personal benefit to him for this action and he is required to 41 vote on it. He has not discussed this proposed rezoning with his client at any time. 42 Comprehensive Planning Supervisor Tom Altieri introduced this item. 43 2030 Comprehensive Plan 44 Land Use Element Map Amendment CP-2011-05 45 Efland Area 46 Quarterly Public Hearing 47 November 21, 2011 48 Item C.3 49 10 Proposed Actions Land Use Element Map amendment - Efland Area, 47 acres From: Agricultural Residential To: 10-Year Transition Land Use Category Descriptions From: Aqriculturat Residential—Prevailing land uses are related to the land (agriculture, forestry) and appropriate for continuation of these uses. To: 10-Year Transition —Suitable for higher density residential where public water/sewer is planned or exists. - Amendment area is within the County's Primary Service Area - Public utilities to be planned consistent with Agreement. Key Amendment Points ' - Implements recommendations in the Efland/Mebane Small Area Plan. - Consistent with Land Use and Housing goals and objectives of Comprehensive Plan. - Consistent with adjacent land uses. - Consistent with WASMPBA. - Establishes consistency with County's Water& Sewer Policy. - No related developments are proposed. - Creates potential for rezoning to higher density residential districts. - Existing R-1 zoning to remain for—any higher density residential development must go through rezoning and public hearing process. Public Notification - Completed in accordance with Section 2.3.6 of the UDO - Newspaper legal ads for 2 successive weeks - Mailed notices to affected property owners - Mailed notices to property owners within 500 feet of affected properties - Posted signs in amendment areas Recommendation - Receive the proposed amendments - Conduct the Public Hearing and accept public, BOCC, and Planning Board comment - 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 February 7, 2012 BOCC regular meeting - Adjourn the public hearing until February 7, 201 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Commissioner Jacobs said that when the County did the Efland-Mebane Small Area Plan, there was discussion about downtown Efland. He said that this will have a significant impact on downtown Efland. Tom Altieri said that this would create the potential to rezoning to higher density residential uses. Commissioner Jacobs said that there was a lot of conversation in that group about trying to get ahead of the way a single development could totally and forever transform the character of Efland if there was not a plan. He would like to raise the issue that this is a risk. The residents are concerned that the character of Efland will be affected. 2 of 3 11 Perdita Holtz said that the Efland-Mebane Small Area Plan Implementation Focus Group convened and it started working on design guidelines for the core of Efland. Because of the UDO sta�ng changes, they had to stop working on that. There are plans to have design guidelines on the May Quarterly Public Hearing. It is not a forgotten project and it is on the front bumer. Pete Hollenbeck said that this property is adjacent to his and he has no economic involvement. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to refer the matter to the Planning Board with a request that a recommendation be retumed to the Board of County Commissioners in time for the February 7, 2012 BOCC regular meeting. VOTE: UNANIMOUS A motion was made by Commissioner Hemminger, seconded by Commissioner McKee to adjoum the public hearing until February 7, 2012 in order to receive and accept the Planning Board's recommendation and any submitted written comments. VOTE: UNANIMOUS 1 ************************************************************************************************************* 3 of 3 Attachment 4 Approved 1/4/12 � 2 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 DECEMBER 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; Lisa Stuckey,Chapel Hiil Township Representative;Johnny Randall,At-Large Chapel 9 Hill Township;Judith Wegner,Bingham Township Representative; 10 11 12 MEMBERS ABSENT: Rachel Hawkins, Hillsborough Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13 Township;At-Large;Peter Hallenbeck,Cheeks Township Representative;Maxecine Mitchell,At-Large Bingham Township; 14 15 16 STAFF PRESENT: C�819 B@f1BdiCt, Planning Director; Perdita Holtz, Planning Systems Coordinator, Tom Altieri, Comprehensive 17 Planning Supervisor, Michael Harvey, Current Planning Supervisor; Shannon Berry, Special Projects Planner; Tina Love, 18 Administrative Assistant II, 19 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23 24 AGENDA ITEM 2: INFORMATIONAL ITEMS 25 a) Next Regular Planning Board Meeting scheduled for Wednesday,January 4,2012 ' 26 b) Planning Calendar for December and January 27 c) Ordinance Review Committee (ORC) meeting before the regular mee6ng on January 4, 2012 to 28 review items scheduled for February 2012 QPH 29 30 31 AGENDA ITEM 3: APPROVAL OF MINUTES 32 33 Brian CrawFord: Are there any additions to the minutes? 34 35 MorioN made by Larry Wright to approve the October 5,2011 ORC Meeting Notes. Seconded by Alan Campbell 36 VorE:Unanimous 37 38 MoTioN made by Larry Wright to approve the October 5,2011 minutes. Seconded by Alan Campbell 39 VorE: Unanimous 40 41 42 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 43 44 Mark Marcoplos: There have been issues in the past with long delays between items sent back to us and then three months 45 later sent back to the BOCC. I suggested that if put our heads together at the quarterly public hearing and we were still good 46 with sending it back to the BOCC we could do that. There was a little resistance from a commissioner about making sure the 47 public had time to understand what was going on. I am going to write up something and see how we can make it work faster. 48 49 Brian Crawford: You may want to have it reviewed by the county attorney so he can pose his questions or problems earlier. 50 51 Mark Marcoplos: I think it may work that if a no brainer comes up and if we have pre decided that we will be okay with everything 52 then unless there is a serious question at the public hearing,it will be pre-approved. 53 54 Brian Crawford: Mark will present that at the next meeting. Tina, please make that is part of the agenda. Larry, could you 55 please sum up the events that happened at the last meeting. 56 57 Larry Wright: The dinner was productive and many concerns were addressed. One thing that was gratifying was the BOCC 58 nodded approval of redefining limits on telecommunication towers and trying to look at telecommunications in general and put 59 that on a fast track. There was mention of public safety but I think the BOCC were very receptive to it. 1 Approved 1/4/12 � 3 178 179 MorioN made by Mark Marcoplos to approve the amendments as written. Seconded by Alan Campbell 180 VoTE: Unanimous 181 182 183 AGENDA ITEM 9: COMPREHENSIVE PLAN LAND USE ELEMENT MAP AMENDMENT: TO t112k2 2 f@COfillll@f1d2�lOf1 t0 the BOCC 184 on a govemment-ini6ated amendment to the Comprehensive Plan Land Use Element Map to change 1 SS the land use classification of approximately 47-acres near Efland and Brookhollow Road, 186 along the south side of McGowan Creek from Agricultural Residentiai to 10-Year Transition. This item 1 g� was heard at the November 21,2011 quarterly public hearing. 1 gg Presenter: Tom Altieri,Planner III 189 190 Tom Altieri: Reviewed abstract. 191 192 Larry Wright: On Attachment 2,on page 51,on McGowan Creek, it goes on either side, I don't understand why these lines were 193 drawn to cross McGowan Creek and what this has to do with stream buffers and development up to that creek. 194 195 Tom Altieri: These are property lines and a separate coverage that shows the streams. Streams are further and more 196 specifically identified through the development approval process. What you see is the approximate location of that stream. If a 197 development came through,we would have to send our own staff to formally identify and document where that stream is. This is 198 just a series of overlays,which are prepared at a different point in time,with different technology, and I this is just a discrepancy 199 between a stream layer and a parcel layer. 200 201 Buddy Hartley: Is the intention for the property to be south of the stream? 202 203 Tom Altieri: To follow the stream. 204 205 Buddy Hartley: There may be parts of it where the property goes across the streamline. 206 ' 207 Tom Altieri: There may be slivers. Any development would be required to follow the buffer requirements. I did mention at the 208 public hearing that there was a minor subdivision approved for this parcel. Three acres have been carved off for minor 209 subdivision. It had not been platted and that is why those lines are not reflected here. 210 211 Judith Wegner: Is there any comment from the residents? 212 213 Tom Altieri: There is not. Craig Benedict has been in conversation with Don Efland who is the property owner and he is 214 supportive of the amendment. No adjacent property owners have had any opinion. 215 216 MorioN made by Judith Wegner to approve the amendment. Seconded by Lisa Stuckey. 217 Vore: Unanimous 218 219 220 AGENDA ITEM 1 O: COMPREHENSIVE PLAN TEXT AMENDMENTS: TO R18k@ 2�2COmRlel7d8t1011 t0 tF12 BOCC Ott 9oVemm2flt- 221 ini6ated amendments to the te� of several sections of the Comprehensive Plan. The purpose of the 222 amendments is to correct many inconsistenaes in the names of several land use categoriesldassifications and 223 terms as they are used throughout the docum�t, as well as to revise references to ordinances now 224 incorporated in the adopted UDO. This item was heard at the November 21,2011 quarterly public hearing. 225 Presenter: Shannon Berry,Planner II 226 227 Shannon Berry: Reviewed abstract. 228 229 Mark Marcoplos: Why is this something we are involved in? 23 0 231 Shannon Berry: It is an official document and there are processes that are ouUined that kick you to the UDO about how you 232 would amend this document. 233 234 Brian Crawford: All in the effort of more disclosure to the public. 235 4 Attachment 5 � 4 RESOLUTION #__ O L o� - O ( � A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN CP-2011-05 WHEREAS, Orange County initiated amendments to the Orange County 2030 Comprehensive Plan Land Use Element Map, as established in Section 2.3 of the Orange County Unified Development Ordinance (UDO), to reclassify approximately 47-acres from Agricultural Residential to 10-Year Transition (CP- 2011-05) , and WHEREAS, the amendment area is near Efland and Brookhollow Road, along the south side of McGowan Creek, and Interstates I-85/40, and WHEREAS, the parcel is identified as follows: Parcel Identification Acres Number PIN 9855-10-8205 46.92 and WHEREAS, the requirements of Section 2.3 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, the Board finds that the Land Use Element Map amendment will carry out the intent and purpose of the adopted Efland-Mebane Small Area Plan and is internally consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the following: Principle 7: Promotion of Economic Prosperity and Diversity Economic Development (ED) Overarchinq Goal� Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. Obiective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses. Objective ED-2.9: Consider industrial sites in Agricultural-Residential areas along the U.S. 70/I-85 highway and rail corridor. 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. Obiective LU-1.1: Coordinate the location of higher intensity / high density residential and non-residential development with existing or planned locations 15 of public transportation, commerciaf 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. Obiective LU-3.6: Establish consistency befinreen the Land Use Plan and the Water and Sewer Management Planning and Boundary Agreement and Map. Obiective LU-3.9: Create new zoning district(s) which allow for a mixing of commercial and residential uses, a mixing of housing types, and creates a more pedestrian friendly development pattern. New districts should be applied in areas where public services exist or are planned for in the future, in areas that promote higher intensity and high density uses on the Land Use Plan map, and WHEREAS, the amendment is consistent with the Water and Sewer Boundary Agreement and Map. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, that the Land Use Element Map, provided in Chapter 5 of the Land Use Element of the 2030 Comprehensive Plan, is hereby amended as described herein. Upon motion of Commissioner , seconded by Commissioner the aforementioned , 2030 Comprehensive Plan amendments were adopted this the day of , 2012 and shall become effective upon adoption. Donna Baker, Clerk, Orange County Commissioners