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HomeMy WebLinkAboutAgenda - 10-15-2013 - 5hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 15, 2013 Action Agenda Item No. 5 -h SUBJECT: Comprehensive Plan and Unified Development Ordinance Amendment Outlines and Schedules for Two Upcoming Items DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Amendment Outline to Establish Two New Zoning Overlay Districts in the Efland Area 2. Amendment Outline to Changes to the Public Hearing Process 1 INFORMATION CONTACT: Perdita Holtz, Planner III, 919 - 245 -2578 Craig Benedict, Planning Director, 919- 245 -2592 PURPOSE: To consider and approve process components and schedule for two upcoming government- initiated amendments to the Comprehensive Plan, Unified Development Ordinance (UDO), and Zoning Atlas. BACKGROUND: Two items are currently being prepared by Planning staff for the February 2014 quarterly public hearing. Amendment Outlines for these proposed amendments are attached for the Board's consideration and approval: 1. Comprehensive Plan and Unified Development Ordinance Text Amendments and Zoning Atlas Amendments to establish two new zoning overlay districts in the Efland area. This is a reconsideration of the proposal that was denied by the Board of County Commissioners on February 5, 2013. 2. Unified Development Ordinance (UDO) Text Amendments to change the public hearing process that is used for Comprehensive Plan, UDO, and Zoning Atlas amendments and for Class A Special Use Permits. FINANCIAL IMPACT: See Financial Impact included in each attached Amendment Outline. RECOMMENDATION(S): The Interim Manager recommends the Board approve the attached Amendment Outlines and direct staff to proceed accordingly. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning- 2012 -13 Two New Zoning Overlay Districts in the Efland Area A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: To: ❑ Zoning Map: Add Two New Zoning Overlay Districts in the Efland Area From: To: ❑ Other: Text Amendments ❑ Comprehensive Plan Text: Appendix F — Land Use and Zoning Matrix: Add tick marks to potentially allow a "Special Zoning Overlay District" in all of the Transition land use classifications. ❑ UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes Section(s): Text Amendments to: Sections 2.5.7 and 4.4 Add New Sections: 4.5, 4.6, 6.6.3 and 6.6.4. Renumber Existing Sections: 4.5, 4.6, and 6.6.3 Reference Changes in Existing Sections: 4.5.1, 6.8.12, and 7.13.2. ❑ Other: B. RATIONALE 1. Purpose /Mission To reconsider the denial of a UDO text amendment to establish two new zoning overlay districts in the Efland Area. The BOCC denied the text amendment at its 0 1 3 February 5, 2013 meeting and additional information regarding the proposal can be found with the agenda materials from this meeting: http:// orangecountync .gov /occlerks /130909.pdf 2. 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'. The following information is offered: The proposed zoning overlay districts are consistent with the recommendations made in the adopted Efland- Mebane Small Area Plan (http: / /orangecountync.gov /planning/ documents /Efland PlanADOPTED062706.pdf) which called for design standards in the "core area" of Efland. The primary purpose of the overlay districts is to provide for a more village and urban style of development in an area of the county served, or intended to be served, by public water and sewer systems. The affected area is also designated as a Commercial - Industrial Transition Activity Node ( CITAN) on the County's Future Land Use Map. It is pertinent to note that some of the zoning districts allowed in a CITAN land use classification allow residential uses "by right." The proposed overlay districts have been written so that the requirements will not pertain to existing or new single - family detached residential uses. All other residential uses (e.g., duplexes, multi - family) proposed in the overlay districts will be required to conform to the requirements of the overlay districts. Because County development regulations pertain primarily to areas that are not intended to be served by public and water systems, which tends to result in larger lot sizes and lower density, some of the County's regulations are not suitable for areas intended to have denser or more intensive development on smaller lots. For example, some of the land use buffer requirement in Section 6.8 of the UDO would be infeasible to meet on a parcel of property that is less than 100 feet in width and has an area measurement typically referred to in square feet rather than in acres. However, in areas of the county slated for denser development than the outlying rural areas, smaller sized lots with buildings closer together is to be expected. Therefore, development regulations must be modified to reflect these physical differences while continuing to strive for quality development. The proposed overlay districts endeavor to encourage development while ensuring quality. Development will still be required to meet the impervious surface limitations contained in Section 4.2 of the UDO. Because the impervious surface limitations stem from State statutes /rules, modifications to the allowable percentages are not permitted except as allowed in Section 4.2.8. The primary reason the former proposal was denied was disagreement over whether sidewalks (publicly owned /maintained) and /or privately owned /maintained connecting walkways would be required in the Efland Village Overlay District. More information about this topic is available in the Amendment Form for the former project, viewable at: http:// orangecountync .gov /occlerks /130909.pdf (also see the link in the former Amendment Form to the October 2011 work session materials where the BOCC 2 0 discussed and gave direction on "the sidewalk issue." A map showing the affected area is included at the end of this Form. 3. Comprehensive Plan Linkage (i.e. Principles, 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. (See also Economic Development Objectives ED -2.1, ED -2.3, ED -2.10, and Water and Wastewater Objective WW -2.) Objective LU -3.7: Ensure that new development patterns in non - residential nodes encourage a clustered, walkable development pattern and discourage strip development. Objective LU -3.8: Develop a process for implementing small area plan recommendations through the revision of County policies and regulations. Objective 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 Future Land Use map. Objective H -3.6: Work within the Orange County government system to identify and resolve existing policies which may be at odds with historic preservation goals, green building approaches, and workforce and affordable housing efforts. (See also Cultural Resources Objective CR -3 and Economic Development Objective ED -4.1.) 4. New Statutes and Rules Not applicable. C. PROCESS 1. TIM EFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed June 19, 2012 (last year's proposal) 3 0 October 15, 2013 (current proposal) b. Quarterly Public Hearing The current proposal is anticipated for the February 2014 quarterly public hearing, which is the earliest it can be heard and conform to Section 2.2.8 of the UDO which states that if an application is denied, the same or similar application cannot be submitted for one year. The former proposal was heard at the November 19, 2012 joint public hearing. Meeting Minutes and a summary of the questions /comments made at the November 2012 public hearing are part of the February 5, 2013 meeting materials ( http:// orangecountync .gov /occierks /130909.pdf). c. BOCC Updates /Checkpoints Early February 2014 — approval of legal ad April 2014 - decision d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: December 2013 or January 2014 — special presentation on NC counties ability to provide /maintain sidewalks (similar to October 2011 BOCC work session) March 5, 2013 - recommendation b. Advisory Boards: The EMSAP Implementation Focus Group reviewed and commented on the proposed overlay districts as part of the prior process. Staff is not suggesting that the Group be reconvened for this reconsideration since significant changes to the former work are not being proposed. c. Local Government Review: Not applicable F d. Notice Requirements Prior to the public hearing, notices will be mailed to affected and adjacent property owners, legal advertisements will be run, and notification signs will be posted in strategic areas of the affected area, in conformance with State Statutes and UDO requirements. e. Outreach: ® General Public: Because significant changes to the prior materials are not being proposed, Planning staff is not suggesting a separate public meeting for these amendments. An "open house" style public information meeting for the prior proposal was held on November 14, 2012 at the Efland- Cheeks Community Center. Ten people and one BOCC member attended the meeting. ® Small Area Because significant changes to the prior materials are Plan not being proposed, Planning staff is not suggesting Workgroup: additional meetings. As part of the prior proposal, the EMSAP IFG met on August 29, 2012 to review and comment on the proposed overlay districts. The group decided that additional meetings were not necessary as the proposed overlay districts were consistent with the intent of the adopted EMSAP. ❑ Other: 3. FISCAL IMPACT The prior project required a fairly substantial amount of Planning staff time to complete and was accomplished by existing staff. Since significant changes are not being proposed as part of this reconsideration, staff time commitments are not expected to be significant. The legal advertisements, notification mailings, and signs will be paid using Planning Department FY13 -14 funds budgeted for these purposes. Adoption of the two new zoning overlay districts is not expected to impact County funding needs. D. AMENDMENT IMPLICATIONS Adoption of the amendments will mean that new development (other than detached single family houses) in the affected area will be subject to the requirements of the zoning overlay district. In some cases, such as required buffering, this is a lessening of existing regulations to reflect the smaller sized lots that exist in the affected area. In other instances, such as architectural requirements, the proposed regulations are slightly more restrictive than existing regulations. The regulation requirements are consistent with the recommendations contained in the I adopted Efland- Mebane Small Area Plan and are being proposed in order to encourage 5 7 a more urban style of development in the proposed Efland Interstate Overlay District and a more urban village style of development in the proposed Efland Village Overlay District while also promoting good planning /development practices and quality development. E. SPECIFIC AMENDMENT LANGUAGE Will be part of the quarterly public hearing materials. The prior work can be viewed in the February 5, 2013 BOCC meeting materials: http:// orangecountync .gov /occlerks /130205.pdf Primary Staff Contact: Perdita Holtz, Planner III (919) 245 -2578 pholtz @orangecountync.gov Is Proposed Zoning Overlay Districts 4 a, F ®Proposed Efland Interstate pp�,�yy Efland- Cheeks Highway 70 AR NC2 11 Overlay District viiin Overlay District R1 EC5 12 aProposed Efland Village Pre- designated 0 Overlay District Commercial Area R3 - EDB -2 El Watersheds LC1 ® 0 PID L Major Transportation Corridor AS E:3 N 1 inch= 1,200 feet 0 1,000 ❑ O Feet Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson. 11/1/2012 Attachment 2 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning- 2013 -07 Changes to Public Hearing Process A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: - - - To: - -- ❑ Zoning Map: From: - - - To: - - - ❑ Other: Text Amendments ❑ Comprehensive Plan Text: ection(s): ® UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ®UDO Development Approval Processes Section(s): 2.3, 2.7, 2.8, and 5.10.2. Additional sections requiring amendments may be discovered as staff begins drafting the language. ❑ Other: B. RATIONALE • Purpose /Mission To consider changes to the current public hearing process for Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas amendments and for Class A Special Use Permits. The current public hearing process is comprised of joint quarterly public hearings with the Planning Board and BOCC, which requires a quorum of both Boards. 9 1 10 County staff and elected officials received comments during development of the Comprehensive Plan (2008) and Unified Development Ordinance (2011) about the perceived need to streamline and speed up decisions on applications. Analysis The topic of amending the current quarterly public hearing process has recently been brought up as part of the work on "Agricultural Support Enterprises" (ASE) because the pre -2010 ASE work included a different approval process for ASE - related projects. The September 9, 2013 BOCC work session (held at the end of the quarterly public hearing) materials contain more information about this topic: http:// orangecountync .gov /occierks /130909.pdf, including staff's concern about having a different review process for only certain projects. The purpose of the work session was to obtain BOCC input/direction on the public hearing process, which staff received. There is not total agreement among BOCC members that the current process should be changed. However, a majority of the BOCC directed staff to bring forward proposed changes for public hearing and consideration. At this time, staff is considering the following changes to the public hearing process: • End the quarterly hearings and instead have the BOCC designate a minimum of 8 regular meetings per year where Comprehensive Plan, UDO, and Zoning Atlas amendments and applications for Class A Special Use Permits can be heard. The 8 meetings (minimum) would be designated each Fall when the BOCC approves its meeting schedule for the following calendar year. Stop holding the public hearings as joint hearings with the Planning Board. The Planning Board is an advisory board comprised of volunteers and there are sometimes issues of having a quorum of members present for hearings /meetings. A joint hearing cannot occur without a quorum of members from both Boards. Staff intends to propose that the Planning Board provide a recommendation to the BOCC after the public hearing. This would allow Planning Board members to either attend the public hearing or view the hearing on the internet in order to hear public comments prior to making a recommendation. Flow charts showing the current process and the process staff intends to propose are included at the end of this Form. It should be noted that staff is suggesting that the policy of having the BOCC approve the required legal advertisement would be removed as part of the streamlining effort. • Staff is researching whether the number of public hearings items and /or anticipated time required can be limited on any one agenda in an effort to ensure land use /zoning issues do not dominate a particular BOCC meeting agenda. As staff indicated at the work session, Orange County's typical review timeframe in recent years (4 -5 months from application deadline to BOCC decision) compares favorably to other North Carolina local governments. One of the more significant differences is that most local governments in North Carolina have a monthly public hearing cycle rather than the quarterly cycle Orange County adheres to. It is also notable that the current process was put into place at least 20 years ago 2 11 and one of the purposes was so residents who took interest in the types of matters heard at the quarterly hearings would know in which months the hearings occur. Dissemination of information was quite different 20+ years ago when compared to today. The availability of agendas and hearing information on the internet makes it easier for interested persons to keep apprised of matters in which they are interested whereas 20+ years ago, interested people likely had to obtain hard copies of agendas /materials directly from the County Clerk. Additional analysis will be included with the quarterly public hearing materials. • Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. • New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed October 15, 2013 b. Quarterly Public Hearin F—February 2014 C. BOCC Updates /Checkpoints January 8, 2014 — Planning Board ORC (agenda materials are available to all interested persons) Early February 2014 — approval of legal ad for February quarterly public hearing d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. L a. Planning Board Review: January 8, 2014 — ORC (Ordinance Review Committee) March 2014 - recommendation b. Advisory Boards: 3 12 c. Local Government Review Proposed text amendments will be Planning staff will work with the sent to JPA partners prior to public County Clerk and Manager's office hearing and in accordance with JPA to ensure the proposed public Agreement. hearing process will work smoothly with the agenda processes /systems used by these Departments. d. Notice Requirements Consistent with NC State Statutes — legal ad prior to public hearing e. Outreach: ❑ General Public: ❑ Small Area Plan Workgroup: ❑ Other: 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 FY2013 -14 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 If adopted, the amendments would change the existing process used by Orange County to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas amendments and Class A Special Use Permits. See section "B" above for additional information. E. SPECIFIC AMENDMENT LANGUAGE Will be part of quarterly public hearing materials. F 13 Primary Staff Contact: Perdita Holtz, AICP Planning Department 919- 245 -2578 pholtz @orangecountync.gov Strongly recommended for all other projects Application Submittal ' Generally -8 weeks prior to QPH, except August QPH which has deadline in mid -May DAC (Development Advisory Staff Representatives of various County Committee) departments and other agencies, as needed Review /Comments BOCC Approve Legal Ad for Generally -3 weeks prior to QPH, except QPH August QPH legal ad which is approved at last BOCC meeting in June )int BOCC /Planning Board ' Normally held the last Monday of the month in Quarterly Public Hearing February, May, August, and November Staff can often turn materials around after the Planning Board QPH to make the first Planning Board meeting Recommendation after the QPH (Planning Board meets on the first Wednesday of each month). If the QPH reveals that more staff research must be done, projects may not be ready until the second Planning Board meeting after the QPH (e.g., month+ delay). BOCC Decision Unless directed to a date /time certain by the BOCC at the QPH (it is typical to do so since the public hearing must be adjourned to a date /time certain in order to receive the Planning Board recommendation), the UDO states the Planning Board shall make its recommendation within three regularly scheduled meetings (e.g., three months). Application Submittal DAC (Development Advisory I Committee) Review /Comments Publish Legal Ad / Mail Notifications for Public Hearing Public Hearing (BOCC only) Planning Board Recommendation BOCC Decision Strongly recommended for all other projects Staff Representatives of various County departments and other agencies, as needed The BOCC would not approve the legal ad in this process. (It should be noted that dropping the action of having the BOCC approve the legal ad could save approximately 3 weeks in the existing process) Each year during the process of creating the BOCC meeting schedule for the following year, the BOCC would designate a minimum of 8 meetings where Comprehensive Plan, UDO, Zoning Atlas, and Class A SUP matters could be heard. The rationale for a minimum of 8 per year would be to designate a meeting in Feb, March, April, May, Sep., Oct., Nov., and Dec. Doing so would skip June which is when Budget matters are dominant and would skip January and August which tend to be busy agendas since they are the first meetings back from breaks. Stipulating 8 as a minimum would also allow a future Board to designate more meetings, if desired. While the Planning Board would not be required to attend the public hearing as an official board, individual Planning Board members could choose to attend the public hearing or could view the public hearing on cable or over the internet.