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HomeMy WebLinkAboutAgenda - 03-13-2012 - 5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 13, 2012 Action Agenda Item No. ~_ SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for Upcoming Items (Special Flood Hazard Area and Commercial/Industrial Standards) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Amendment Outlines (2) Perdita Holtz, Planner 111, 245-2578 Glenn Bowles, Planner II, 245-2577 Craig Benedict, Planning Director, 245- 2592 PURPOSE: To consider and approve the process components and schedule for two government initiated items anticipated for the May 29, 2012 Quarterly Public Hearing. BACKGROUND: Two items are currently being prepared by Planning staff for the May 29, 2012 Quarterly Public Hearing. Amendment Outlines for these proposed amendments are attached for the Board's consideration and approval: 1. Zoning Atlas Amendment - Special Flood Hazard Overlay District for properties associated with the Orange/Alamance line adjustments. 2. Unified Development Ordinance (UDO) Text Amendment - Amend various zoning district charts in Article 3 to change the Dimensional and Ratio Standards for zoning districts applied in the areas of the county designated for growth and to be served by water and sewer systems. 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. 2 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENTOUTLINE UDO / Zoning-2012-10 A. AMENDMENT TYPE _ _ _ _ _ _ Map Amendments ^ Land Use Element Map: From: To: ~ Zoning Map: From: AR (Agricultural Residential) To: AR with Special Flood Hazard Overlay District [] Other: Text Amendments ^ Cornprehensive Plan Text: _ - _- _ _ _ __ _ _ _ _ . _ ___ ^ UDO Text: ^UDO General Text Changes ^UDO Development Standards ^UDO Development Approval Processes _ _ _. Section(s): _ _ _ _ __ _ _ _ _ ~ Other: . _ _ B. RATIONALE 1. Purpose/Mission _ _ __ On January 1, 2012, some 20.9 acres of Special Flood Hazard Area Overlay District (SFHA) were transferred to Orange County from Alamance County and another 18.7 acres were transferred into Alamance County from Orange County with the approval 1 3 _ _ __ _ _ _ _ of the adjustment to the Orange/Alamance County Line by both county boards and the consent of the State. The affected properties are now zoned AR (Agricultural Residential). The new SFHA also inciuded 12.7 acres within the Haw River floodway. The Zoning Atlas will be amended to include the 20.9 acres of SFHA transferred into Orange County and will be effective on July 1, 2012. These acreage figures account for other acres transferred into Orange County, but are within the City of Mebane or its extra-territorial jurisdiction. __ _ _ __ _ _ __ _ _ _ _ _. 2. Analvsis _____. __ - __ _ GIS evaluation confirmed the presence of the SFHA acreage. The 20.9 acres of SFHA transferred into Orange County are found on three different sites containing a total of ten (10) parcels. (Please refer to the maps in Section "E".) These transferred floodplain acres represent twelve (12) percent of the 174.25 acres of land area in the affected properties. No structures are involved in either transfer in or out of Orange County's jurisdiction. Another 0.75 acres of the 500-year floodplain were also transferred into Orange County, but these areas are not within the SFHA, and will not be affected by this zoning atlas amendment. _ _ _ _ _ _ _ __. ___ 3. Comprehensive Plan Linkaqe (i e Principles Goals and Obiectives) Land Use Goal 5: Life, health, and property safe from hazard. Prohibit new development in special flood hazard areas as defined by the FEMA Flood Insurance Rate Map, effective February 2, 2007. Natural Resources Goal 7: A balanced and healthy diversity of native plant and animal populations. Objective NA-1: Conserve high-priority natural areas and wildlife habitats, _ including wetlands, rivers and streams, floodplains, ... _ _ _ _ _._ _ _ _ _ _ __ _ _ _ . __ _ . __ ____ . __ _ _ __ 4. New Statutes and Rules _ __ _.__ Not applicable. _ _ . _ . _ _ __ C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed -. __ _ __ _ .___ _ _ - _ __ - ___ March 16, 2012 _ _ __ _ _. _ -._. b. Quarterly Public Hearing _ __ _ _ _ May 29, 2012 _ _ _ c. BOCC Updates/Checkpoints May Quarterly Public Hearing legal advertisement approved on May 1, 2012. 2 . - ___ Legal advertisement publishing dates May 16 and May 23, 2012. - August 21, 2012 Final Action _____ _ _ __ _ d. Other _ ._ _ _ _ DAC review on April 19, 2012 .. . . __ _ . __ _ _ _ _ _ _ -- 2. PUBLIC INVOLVEMENT PROGRAM __ __ _ _ ____ -- __ Mission/Scope: The Quarterly Public Hearing public involvement process shall be consistent with North Carolina State Statutes and UDO requirements. _ ._ _ _ __ . _ _ a. Planning Board Review: _ _.. _ _ _ --_ _ _ ___ __ The item will be presented at the June 6, 2012 Planning Board meeting for review and recommendation back to the BOCC. __ __ _ _. _ _ _ __ __ _ _ _ _._ _ _ __ __ . ___ _ __ b. Advisory Boards: Not applicable c. Local Government Review: Not applicable d. Notice Requirements The legal advertisement will be sent to the local newspapers on May 11, 2012. Required legal notifications will be mailed to the ten (10) affected property owners and the property owners within 500 feet of the affected properties on May 14, 2012. The three (3) sites will be posted ten (10) days prior to the public hearing on May 18, 2012. e. Outreach: _ ^ General Public: - . . . _ _ _ - __ . __ _ __ _ . ___ ^ Small Area Plan Workgroup: _ _ _ __ ~ Other: Contacted the North Carolina Floodplain Mapping Program on February 15, 2012. __ 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 Fiscal Year 2011-12 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this zoning atlas amendment. _ _ _ . _ __ _ ._ D. AMENDMENT IMPLICATIONS 3 4 5 Site 3 —PINs 9728177046, 9728068128, 9728163122, & 9827166070 Parcels Affected by New County Line 2012 (Map 3) Agricultural Residential Zoning Haw River Unprotected Watershed 0 01W ®County Line 2012 Updated Floodplain N 100 Year Floodplain loo Year Floodway -Affected Parcels ma�sw ov v.oa«a w's�"c` .v�rzoiz"` 6 6 Site 2—PINs 9827338118, 9827326110, 9827316804, & 9827334051 Parcels Affected by New County Line 2012 (Map 2) 9927332IM` Agricultural Residential Zoning Back Creek Protected 9827334051 Watershed c 4 11 9827316804 i County Line 2012 Updated Floodplain O w_ 100 Year Floodplain 100 Year Floodway -Affected Parcels .7 urt.—I ara 5 7 Effective July 1, 2012, those portions of the affected properties within the Special Flood Hazard Area will be subject to all Orange County flood damage prevention regulations found within the Orange County Unified Development Ordinance. E. SPECIFIC AMENDMENT LANGUAGE Primary Staff Contact: Glenn R. Bowles, Planner II Planning and Inspections Department 919 245 2577 gbowles @co.orange.nc.us Site 1 —PINs 9829520667 & 9827348662 Parcels Affected by New County Line 2012 (Map 1) Agricultural Residential Zoning Back Creek Protected Watershed 9829520667 ;C.unty Line 2012 ' 7 ated Floodplain N 100 Year Floodplain 100 Year Floodway Affected Parcels 4 8 COMPREHENSIVE PLAN/LAND USE ELEMENT MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO /Zoning-2012-11 A. AMENDMENT-TYPE Map Amendments ❑ Land Use Element Map: From: - To: - ❑ 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): Sections 3.4 and 3.5 - Zoning District Charts for the Various Commercial and Industrial Zoning Districts. It may be determined that additional Sections/Articles must be included for revision as the amendments are written; all sections proposed for revision will be part of the May 29, 2012 public hearing materials and will be included in the legal advertisement. ❑ Other: B. RATIONALE 1. Purpose/Mission 1 __ _ _ __ . In accordance with: _ _ _ __ _ __ • the BOCC directive to focus staff efforts on economic development-related issues and : • the provisions 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 allow for a greater intensity of ' property use in areas of the county to be served by water and sewer systems. This '! will be accomplished by revising the Dimensional and Ratio Standards of various ' zoning districts for properties located in certain Future Land Use classifications, specifically, the Commercial Transition Activity Nodes and the Commercial-Industrial Transition Activity Nodes. ' _ __ _ _ ___ __ ______. 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 consideration by the Planning Board and the Board of County Commissioners'. The required analysis will be completed before the public hearing and will be part of the quarterly public hearina materials. 3. Comprehensive Plan Linkaqe (i.e. Principles, Goals and Obiectives) __ _ _ _ .. __ _ _ _ _ _ _ ___ Board of Countv Commissioner' Planninq Principles: 7. Promotion Of Economic Prosperity And Diversitv: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. Economic Development Element Objective 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 Obiective ED-2.8: Adjust ongoing designation and zoning of Economic Development Districts to avoid the area designated as the Rural Buffer. Land Use Element 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. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. 2 9 10 4. New Statutes and Rules N/A _ _ _.. C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed __ __ _ _.._ _. _. March 13, 2012 b. Quarterly Public Hearin _ _. __ . 29, 2012 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. For text amendments, the process consists of legal advertisements published for finro consecutive weeks prior to the public hearing and the public hearing. _ a. Planning Board Review: _ ___ _. __ _ _ __ _ _ __ __ April 4, 2012 (Ordinance Review Committee) July 11, 2012 (Review/Recommendation) b. Advisory Boards: N/A c. Local Government Review: These text amendments are not subject to JPA review because they do not affect the Rural Buffer. d. Outreach: 3 __ __ _ _ _ _ _ _ ___ __. ~ General Public: ';Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. For text amendments, the process consists of legal advertisements ' published for two consecutive weeks prior to the public ; ;hearing and the public hearing. ' ^ Small Area Plan Workgroup: _ _ ._ _ .._. _ ^ Other: ; _ _ _ _ _ ' _ _ __ __ _ __ 3. FISCAL IMPACT 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 _ e amen ments are in response to the BOCC directive to focus on economic development-related initiatives. The purpose of the proposed amendments is to allow for a greater intensity of property use in areas of the county to be served by water and sewer systems. This will be accomplished by revising the Dimensional and Ratio Standards of various zoning districts for properties located in certain Future Land Use classifications, specifically, the Commercial Transition Activity Nodes and the Commercial-Industrial Transition Activity Nodes. The anticipated result will be that a higher floor area ratio will be allowed in concert with a lower required open space ratio and possible changes to other required ratios (staff has not yet completed all analyses for this item since this step of the process is to receive authorization to proceed). _ _ __ __ _ 11 _E. SPECIFIC-AMENDMENT LANGUAGE __. __ _ _ _ _ ___ Specific amendment language is not yet completed but will be available for Planning Board Ordinance Review Committee (ORC) review/comment in early April. , Primary Staff Contact: Perdita Holtz Planning (919) 245-2578 pholtz@co. orange. nc. us