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Home My WebLink AboutAgenda - 06-18-2013 - 5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2013 Action Agenda Item No. 5 -h SUBJECT: Comprehensive Plan and Unified Development Ordinance Outline and Schedule for Upcoming Item — UDO Text Amendment Related to Governmental Uses DEPARTMENT: Planning and Inspections ATTACHMENT(S): Comprehensive Plan and Unified Development Ordinance Outline Form (UDO & Zoning 2013 -03) PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Michael D. Harvey, Planner III, (919) 245 -2597 Craig Benedict, Director, (919) 245 -2575 PURPOSE: To consider and approve process components and a schedule for a Planning Director initiated item for amendments to the Unified Development Ordinance (UDO) recommended for hearing at the September 9, 2013 Quarterly Public Hearing. BACKGROUND: The anticipated development of a fire department substation off Neville Road has caused concern amongst local residents who have voiced concern over a lack of notification or participation in the process to develop the aforementioned facility. Such uses are a permitted use of property (i.e. staff review and action) falling into the `Governmental Uses' land use category as detailed within Section 5.2 of the UDO. Neither the County nor the applicant is required to notify adjacent property owners of the project as it is considered to be a permitted use (i.e. permitted by right). In both internal discussion, and review with several BOCC members, it has been decided to promote additional public involvement with the development of `governmental uses'. As a result staff is proposing a UDO text amendment to require that a neighborhood information meeting be held for all such projects to allow the general public to be made aware of the project prior to the issuance of a permit. FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATION(S): The Manager recommends the Board approve the attached Amendment Outline Form and direct staff to proceed accordingly. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2013 Action Agenda Item No. 5 -h SUBJECT: Comprehensive Plan and Unified Development Ordinance Outline and Schedule for Upcoming Item — UDO Text Amendment Related to Governmental Uses DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Comprehensive Plan and Unified Development Ordinance Outline Form (UDO & Zoning 2013 -03) INFORMATION CONTACT: Michael D. Harvey, Planner III, (919) 245 -2597 Craig Benedict, Director, (919) 245 -2575 PURPOSE: To consider and approve process components and a schedule for a Planning Director initiated item for amendments to the Unified Development Ordinance (UDO) recommended for hearing at the September 9, 2013 Quarterly Public Hearing. BACKGROUND: The anticipated development of a fire department substation off Neville Road has caused concern amongst local residents who have voiced concern over a lack of notification or participation in the process to develop the aforementioned facility. Such uses are a permitted use of property (i.e. staff review and action) falling into the `Governmental Uses' land use category as detailed within Section 5.2 of the UDO. Neither the County nor the applicant is required to notify adjacent property owners of the project as it is considered to be a permitted use (i.e. permitted by right). In both internal discussion, and review with several BOCC members, it has been decided to promote additional public involvement with the development of `governmental uses'. As a result staff is proposing a UDO text amendment to require that a neighborhood information meeting be held for all such projects to allow the general public to be made aware of the project prior to the issuance of a permit. FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1. RECOMMENDATION(S): The Manager recommends the Board approve the attached Amendment Outline Form and direct staff to proceed accordingly. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE LIDO / Zoning- 2013 -03 0 Amendment(s) requiring a neighborhood information meeting prior to the issuance of a permit allowing for the development of a governmental land use A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map- From- To- From- To- F-1 Other: Text Amendments ❑ Comprehensive Plan Text- Section(s)- ❑ UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes on(s): 1. Create a new Section 2.24 entitled Governmental Uses establishing new procedural requirement(s) for the land use category. 2. Renumber Existing Section(s) 2.24 and 2.25. 3. Update existing references throughout the UDO. ❑ Other: B. RATIONALE 1. Purpose /Mission 1 K 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 to require that a neighborhood information meeting be held prior to any action authorizing the development of a governmental land use within the County's planning jurisdiction. The anticipated development of a fire department substation off of Neville Road has caused local residents to voice concern over a lack of notification or participation in the process to develop the aforementioned facility. A volunteer fire department falls within the Governmental Use land use category, as detailed within Section 5.2 Table of Permitted Uses of the UDO, and is considered to be a permitted use of property. Permitted uses are handled administratively (i.e. staff review) with no public outreach required by the UDO. In order to address a concern over a lack of public involvement with `governmental uses' the Planning Director proposes to modify the UDO to require a neighborhood information meeting to allow the general public to be made aware of such applications and offer comment. 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 proposed amendment is designed to address a concern over a lack of notification and involvement of the general public with respect to the development of governmental uses throughout the County's planning jurisdiction. If approved, the amendment will require a neighborhood information meeting prior to any action by the County to review a development request in the hopes the applicant can address local property owner concerns. It should be noted this amendment, if approved, will likely extend the development review period for such projects by several weeks. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Objective LU -6 -1: Undertake a comprehensive effort to inform and involve the citizens of Orange County in the land use planning process. 4. New Statutes and Rules C. PROCESS 2 0 1. TIM EFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed June 18, 2013 b. Quarterly Public Hearing September 9, 2013 c. BOCC Uodates /Checkpoints June 18, 2013 — BOCC members approve the legal advertisement for the September 9, 2013 Quarterly Public Hearing. July 10, 2013 — Planning Board Ordinance Review Committee (ORC) September 9, 2013 — Quarterly Public Hearing with this item on the agenda. November 19, 2013 - Receive Planning Board recommendation. d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Plannina Board Review: July 10, 2013 — Ordinance Review Committee (ORC). October 2, 2013 — Recommendation b. Advisory Boards: c. Local Government Review: d. Notice Requirements Legal advertisement will be published in accordance with the provisions of the UDO. e. Outreach: ❑ General Public: ❑ Small Area Plan Workgroup: ® Other: Letter sent to various County agencies (i.e. DEAPR, Asset 3 GW Management, Solid Waste, etc.) and other local entities (i.e. local volunteer fire departments and rescue squads) potentially impacted by the proposal outlining the amendment and soliciting comments for inclusion within the QPH package. 3. FISCAL IMPACT Coordination and attendance at the information meeting by staff shall be handled within existing budgetary outlays. The cost associated with the notification of the information meeting shall be borne by the applicant. Additional budgetary outlays to cover the costs of a mailing will be required by any County department proposing the development of a governmental land use. D. AMENDMENT IMPLICATIONS If approved, the development of a governmental use will require that a neighborhood information meeting be held prior to the issuance of a permit. As previously indicated this will likely extend the site plan review process by several weeks. E. SPECIFIC AMENDMENT LANGUAGE Will be available as part of the public hearing materials. Primary Staff Contact: Michael D. Harvey Planning (919) 245 -2597 mharvey@orangecountync.gov F