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HomeMy WebLinkAboutAgenda - 11-06-2014 - 5a1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 6, 2014 Action Agenda Item No. 5 -a SUBJECT: 2030 Comprehensive Plan Future Land Use Map Amendment — Related to Town of Hillsborough Extraterritorial Jurisdiction (ETJ) Relinquishment (No Additional Comment Accepted) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Comprehensive Plan /Future Land Use Map and UDO Amendment Outline Form (CP and Zoning 2013 -02) 2. FLUM Hillsborough Surrounds 3. FLUM Classification Comparison 4. Orthophotos and Table Summarizing Existing Land Uses 5. Draft Planning Board Minutes Excerpt 6. Resolution Approving Map Amendment INFORMATION CONTACT: Tom Altieri, Planning, 919 - 245 -2575 Craig Benedict, Planning, 919 - 245 -2592 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 Future Land Use Map (FLUM) affecting approximately 500 -acres located generally near the Eno River between US 70 W and 1- 85/1 -40 in Cheeks and Hillsborough Townships. This amendment assigns County future land use classifications to properties that are to be removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), which is to become effective October 1, 2014. (This item is companion to Public Hearing Action Agenda Item No. 5 -b, "Zoning Atlas Amendment ".) As a reminder, the reconvening of this hearing is solely to receive the Planning Board recommendation and any additional written evidence submitted since the September 8, 2014 Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public. While the BOCC may ask staff questions related to the review of a given item, comments from the public shall not be solicited. BACKGROUND: Through a previous joint planning process with Orange County, the Town of Hillsborough identified an Urban Service Area outside of which municipal services, such as public water or sewer, will not be provided. To establish consistency with the Urban Service Area, the Town is adjusting its ETJ boundary to exclude any properties located outside its intended area for urban services. Please see Section B of Attachment 1 for relevant information. The "Amendment Outline Form" (Attachment 1) for these amendments was approved by the BOCC at its November 19, 2013 regular meeting. 2 In May of this year, the BOCC and Hillsborough Town Board approved a resolution amending a 2009 agreement to reflect the intent to continue coordination with Hillsborough to relinquish some areas of its ETJ but to end the ETJ expansion process that had been initiated. Properties are to be classified to County Future Land Use Classifications, which in this case includes: Agricultural Residential (portions to include Watershed and Resource Protection and Public Interest Area overlays). A map showing the proposed FLUM Classifications is provided in Attachment 1. Public Hearing The proposed 2030 Comprehensive Plan FLUM amendment was heard at the September 8, 2014 joint public hearing. No members of the public spoke on the proposed amendment. However, the BOCC had primarily one question: Why is staff recommending application of the `Agricultural Residential" FLUM classification versus the "Rural Residential" classification to the properties effected by the Town's ETJ relinquishment? Staff response — Beyond the materials that were included in the joint public hearing packet, staff has included a larger view of the FLUM that includes the entire Hillsborough periphery (Attachment 2). Staff posits that the Agricultural Residential FLUM category is consistent with FLUM categories applied in the general amendment area and the only "base" (i.e. not an overlay) that currently exists north of Interstate 85 along the Hillsborough fringe and Eno River. Although the Rural Residential FLUM category is not substantially different from Agricultural Residential, there are some subtle differences (Attachment 3), which also contributed to staff's recommendation. For example the Population Density Locational Criteria for Rural Residential is "Generally 1 dwelling unit per acre" compared to Agricultural Residential, which is "Dispersed low- density typical of agricultural areas." Within Orange County's future land use construct, lands are distinctly urban or in transition to urban both with public water /sewer potential and urban densities or rural without public water /sewer and to be developed at rural densities. Although the notion of an "intermediate" density future land use category was mentioned by the BOCC at the public hearing, the Rural Residential FLUM category does not provide that function to any significant degree. Furthermore, the Agricultural Residential FLUM category is consistent with the existing land uses present in the amendment areas. Attachment 4 provides orthophotos of the amendment areas and a table that summarizes existing land uses. Fifty -six percent (56 %) of the amendment area consists of Public /Quasi - Public /Institutional (i.e. Duke Forest, Assoc. for the Preservation of the Eno River Valley, State of NC, North Carolina Department of Transportation, Krishna Temple, etc.) existing land uses and 19% of the amendment area is under the Present Use Value program. A video of the joint public hearing can be viewed from the following link- http://oranqe-nc.qranicus.com/MediaPlaver.php?view id =2 &clip id ®750 3 Planning Board Recommendation: The Planning Board considered this item at its October 8, 2014 meeting. The Planning Board unanimously voted to recommend approval of this item. The excerpt from the draft Planning Board Minutes is included in Attachment 5. Planning 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 attachments. Attachment 6 contains the proposed Resolution approving the map amendment. 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 October 8, 2014 Planning Board meeting. Link to Additional Background Information Hillsborough- Orange Interlocal Land Management Agreement and Map (Includes guidance for Town ETJ adjustment) - http://orangecountync.gov/planning/ ocuments/ illsborough- r ngelnterlocalLand anagementAgreement.pdf Joint Resolution Amending the Hillsborough- Orange Interlocal Land Management Agreement (Includes additional guidance for Town ETJ adjustment) - http :fforangecountync.gov /planninq /documents /Joint esolutionAmendingOC- illsboroughCOCAAgreement. pdf 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 6, which approves the amendment. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE CP and Zoning- 2013 -02 Town of Hillsborough /Orange County Interlocal Agreement Implementation — Adjustment of Hillsborough Extraterritorial Jurisdiction (ETJ) and Application of County Future Land Use Map Classifications and Zoning A. AMENDMENT TYPE Map Amendments (Also see maps attached at end) ® Future Land Use Map: From: Town of Hillsborough Land Use Classification To: Agricultural Residential (Portions to include Watershed and Resource Protection, and Public Interest Area overlays) ® Zoning Map: From: Town of Hillsborough Zoning To: AR Agricultural Residential and PID Public Interest District (Portions to include Watershed Protection, Special Flood Hazard, and Major Transportation Corridor Overlays) ® Other: To address Town of Hillsborough Extraterritorial Jurisdiction (ETJ) retraction Text Amendments ❑ Comprehensive Plan Text- Section(s)- ❑ Other- 1 1B B. RATIONALE 1. Purpose /Mission Continue the implementation of the Hillsborough- Orange Interlocal Land Management Agreement (2009) through adjustment of the Town's Extra Territorial Jurisdiction (abandonment of some existing ETJ). 2. Analysis As required under Sections 2.3.9 and 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'. In analyzing this proposal, the following information is offered: a. Staff has been authorized by the Board of County Commissioners to pursue implementation of the Hillsborough- Orange Interlocal Land Management Agreement (2009 and as amended 2014). b. This amendment is consistent with land use goals and objectives of the 2030 Comprehensive Plan. 5 c. The request for the amendment has been deemed complete in accordance with the requirements of Sections 2.3 and 2.8 and of the Unified Development Ordinance. d. The proposed Future Land Use Classification, zoning districts, and overlays are consistent and compatible with those of the surrounding area and in general, are of a very low density residential and conservation minded nature. Proposed Changes 2030 Comprehensive Plan Future Land Use Map Amendment - Properties are to be classified to County Land Use Classifications, which in these cases include: Agricultural Residential (portions to include Watershed and Resource Protection and Public Interest Area overlays). The Parcel Identification Numbers (PIN) of the twenty - two parcels included in this amendment are: 9864212218 9864294255 9864165305 9854989358 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 Zoning Atlas Amendment - Properties are to be zoned to County zoning districts, which in these cases include: Agricultural Residential (AR) and Public Interest District (PID) (portions to include Watershed Protection, Special Flood Hazard, and Major Transportation Corridor Overlays). The Parcel Identification Numbers (PIN) of the twenty -two parcels included in this amendment are: 2 0 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 Maps depicting the proposed Land Use Classifications and zoning districts are provided immediately following this amendment outline form. Background Town of Hillsborough Initiation - Orange County received a letter in September 2013 conveying Town Board action and adoption of a resolution indicating its interest in releasing areas west of town from its Extraterritorial Jurisdiction (ETJ) and requesting jurisdiction over areas defined in the Interlocal Land Management Agreement. Coordination between the respective staffs was also requested to begin identifying the required steps and to process the adjustments. Joint Information Meeting - A Town of Hillsborough /Orange County Joint Information Meeting was held January 9, 2014 to help inform property owners of the process, implications, and answer questions. Over 50 residents attended the meeting, including some BOCC and Town Board representatives. Nearly all attendees were owners of property within the areas proposed to be added to the ETJ. Joint BOCC and Hillsborough Town Board Meeting: At a February 27, 2014 Joint Meeting, the Boards received an update on the process and outreach from staff. Following discussion between the boards, it was informally concluded that due to feedback received from the public, changes in State annexation law, and achievement of the vision articulated by the Agreement, both parties agreed to consider stopping ETJ expansion and formally consider a joint resolution amending the Agreement to that effect. Joint Resolution Amendina the Hillsborouah - Oranae Interlocal Land Manaaement Agreement for the Central Orange Coordinated Area — At its meeting on May 8, 2014, the BOCC adopted a resolution amending the Interlocal Agreement to reflect the intent to continue coordination with Hillsborough to relinquish some areas of its Extraterritorial Jurisdiction (ETJ), as defined in the Agreement, back to the County and end the ETJ expansion process. The Hillsborough Town Board followed suit at its meeting on May 12, 2014. Town of Hillsborough Public Hearing - The Town of Hillsborough held a public hearing on July 17, 2014 for relinquishing the respective properties from its ETJ. There were no public comments conveyed and no discussion among board members. Subsequently, on August 21, 2014 the Town's Planning Board unanimously recommended approval of the ETJ adjustment as proposed. At its meeting on September 8, 2014, the Hillsborough Town Board is expected to approve the ETJ adjustment to become effective on October 1, 2014. The effective date was selected to allow Orange County sufficient time to process its Future Land Use Map and zonina atlas amendments within 60 -days, consistent with State law. 3 3. Comprehensive Plan Linkage (i.e. Goals and Objectives) Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. 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 6: A land use planning process that is transparent, fair, open, efficient, and responsive. Objective LU -6.1: Undertake a comprehensive effort to inform and involve the citizens of Orange County in the land use planning process. Objective LU -6.2: Maintain a cooperative joint planning process among the County municipalities and those organizations responsible for the provision of water and sewer services to guide the extension of service in accordance with the Comprehensive Plan, the Orange County - Chapel Hill - Carrboro Joint Planning Agreement and Land Use Plan, and the policies of the municipalities. 4. New Statutes and Rules N/A C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed November 19, 2013 b. BOCC Public Hearir September 8, 2014 c. BOCC Uadates /Checkpoints May 8, 2014 — Adopted Joint resolution amending Interlocal Agreement June 17, 2014 — Approved Legal Ad for public hearing F. 7 d. Other Summary of Timeline and Key Steps Adjustment of Hillsborough Extraterritorial Jurisdiction (ETJ) and Application of County Land Use Element Map Classifications and Zoning 2013 September 9 Town adopted resolution of intent November 19 BOCC authorization to proceed December Preparation of public outreach and notification materials (i.e. ETJ Q &A document and maps) 2014 January 9 Joint Public Information Meeting (Property owners notified via First Class Mail) February 27 Joint BOCC and Hillsborough Town Board Meeting May 8 BOCC adopted joint resolution amending the Interlocal Agreement to end ETJ expansion and continue retraction (Property owners notified via First Class Mail) June 17 BOCC legal ad approved for September Quarterly Public Hearing September 8 BOCC Quarterly Public Hearing to apply Future Land Use and Zoning designations to areas of new County jurisdiction (Property owners notified via First Class Mail) October 8 Orange County Planning Board recommendation November 6 BOCC adoption of Future Land Use and Zoning designations 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. Additionally, staff held a Joint Public Information Meeting on January 9, 2014 to explain the process and its implications to the public and property owners in affected areas. Property owners were notified of the Joint Public Information Meeting, as well as the May 8, 2014 BOCC meeting for consideration of the joint resolution amending the Interlocal Agreement, via First Class Mail. a. Planning Board Review: 5 N October 8, 2014 — Unanimous recommendation to approve as presented at Public Hearing. b. Advisory Boards: c. Local Government Review: July 17, 2014 Town of Hillsborough September 8, 2014 Town of Public Hearing (No public comments Hillsborough action (To become offered) effective October 1, 2014) August 21, 2014 Town Planning Board Recommendation for approval (Unanimous) d. Notice Requirements This item was included in the Quarterly Public Hearing legal ad; notices were mailed to affected property owners and property owners within 500 -feet of affected properties; and signs were posted in the affected area. The Town of Hillsborough had additional legal ad and notification responsibilities consistent with State law for its actions to relinquish portions of the Town's ETJ. e. Outreach: ® General Public: Joint Public Information Meeting January 9, 2014 ❑ Small Area Plan Workgroup: ❑ Other: 3. FISCAL IMPACT Existing Planning staff will accomplish the work required to coordinate with Town of Hillsborough staff on its ETJ adjustment and application of County Future Land Use Classifications and Zoning to areas removed from the Town's ETJ. The required legal ad and first class mail notices were paid with Departmental funds already budgeted for this purpose. D. AMENDMENT IMPLICATIONS See Sections B.1 and C. 2. Of this Amendment Outline. E. SPECIFIC AMENDMENT LANGUAGE N/A Primary Staff Contact: Tom Altieri, AICP Planning Department (919) 245 -2579 taltieri @orangecountync.gov 0 IS 4il�.2 el�' 'r'�� i•�'�L.�� ' 'r'�� i•�'�L.�� - / I�d'1I��' ' ,�il�► -/'ice r.1 ' '- 1 ��il ►'/'i� r-Av VA Ell 'At -4W,&FW 'IVA* �� 1111111 ■ 11111 rTJl►�.�d�ef.�i� ■ • . - - !Tim = Parcels �►� ems, r.�,a- .�r..���ii 10 Year Transition WAOF Rural Residential FA Agricultural Residential City Limits ETJ • r Overlays pzir [:3 water Supply Watersheds 055 ru Resource Protection Areas gx ES Public Interest Areas -7 MA 1 in 1, 320 feet 0 500 Pr r t.aSTii�3D' Assignment of County Zoning to Areas Removed from Hillsborough ETJ 11 Current Zoning Map Proposed Zoning Map r llll . Urban Service Area I _ Remove from ETJ Parcels .: ■ City Limits ETJ Existing Commercial (EC5) Public Interest District (PID) Overlays EMWatershed Critical Areas Water Supply Watersheds 4%VA-P OPP Major Transportation Corridor __MEW Special Flood Hazard Areas VEPo. ! t -- % %�d�ti I ' �''' I ' \�',•�� Brian Carson �0 85 !1 85 - - - - --.-A �.. -AMA i S i � 0 v Of r �./ 1 WO wv =I r 'IV Lid' UL--V—MMRMU#M VIII// W °A—�-r 1, �i i9 r, Attachment 3 13 COMPREHENSIVE PLAN FUTURE LAND USE CLASSIFICATION COMPARISON RURAL RESIDENTIAL and AGRICULTURAL RESIDENTIAL CLASSIFICATIONS RURAL RESIDENTIAL AGRICULTURAL RESIDENTIAL Rural Residential - Land in the rural areas of Agricultural Residential — Land in the rural the County which is appropriate for low areas where the prevailing land use activities FUTURE LAND USE DEFINITION: intensity and low- density residential are related to the land (agriculture, forestry) development and which would not be and which is an appropriate location for the dependent on urban services. continuation of these uses. FUTURE LAND USE AND ZONING APPLICATION: Rural Residential — Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R -1 (Low Density Residential). Agricultural Residential — Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agriculture Residential) and AS (Agricultural Services). LOCATIONAL CRITERIA RURAL RESIDENTIAL AGRICULTURAL RESIDENTIAL j Land /Sloe 3000000000r-- Overall slope of less than 15% No evaluation Hydrology Outside of 100 -yr. flood prone areas No evaluation Flora and Fauna Away from sites with endangered species No evaluation Soil Conditions Suitable for on -site sewage disposal systems Suitable for agriculture production Public Services /Utilities Areas that will not require urban -type services Areas where urban services, especially water and sewer lines, are not needed and should be discouraged Transportation System No evaluation No evaluation Energy Use At least 5 min. commute from activity node No evaluation Population Density Generally 1 dwelling unit per acre Dispersed low-density typical of AG areas Agriculture and Forestry No detrimental impact on productive agricultural (AG) and forest land See existing land uses Historic and Cultural No detrimental impact on state /federal historic /cultural sites or County Public Interest sites No detrimental impact on state /federal historic /cultural sites or County Public Interest sites Existing Land Use Located in association with other low- density rural residential uses in general proximity to developed or developing activity nodes Located in areas where the prevailing activity is agriculture or forestry A highlighted difference between the two Future Land Use Map classifications and rationale for staff's recommendation to apply the Agricultural Residential classification to the properties that are being relinquished from the Town of Hillsborough ETJ. 09/12/2014 D v n m Attachment 4 Areas Removed from Hillsborough ETJ (2013 Imagery}4 r w LENAPEE TRk- W ST HILL AV�� US70W O O� v ion F ®OWN-Mi/09-1® ors. I L-A61 OHNST ON R� N 1 in = 600 feet Remove from ETJ 0 200 Feet Parcels Orange County Planning and Inspections Brian Carson (9/19/2014) Attachment 4 Areas Removed from Hillsborough ETJ (2013 Imagery} 5 Attachment 4 Summary of Existing Land Uses PIN OWNERI LAST FARM USE VALUE Acres Inside Amendment Areas 9854980353 PALMER Yes 10.82 9854989358 PALMER Yes 22.57 9864012864 DEPARTMENT OF TRANSPORTATION 48.72 0.04 9864028637 KRISHNA TEMPLE OF NC 1 485.26 6.01 9864069297 MAYO 0.97 9864111534 BABA 12.68 9864111926 SPAINE 10.15 9864122219 COON ROCK FARM LLC Yes 10.42 9864124872 COON ROCK FARM LLC Yes 10.28 9864135926 PIEDMONT ELECTRIC MEMBERSHIP CORP 6.24 9864138329 MALINOWSKI Yes 17.30 9864155705 WAGNER 8.37 9864165305 MEDLIN 10.31 9864175152 MEDLIN 10.02 9864210925 MORTON 7.34 9864212218 ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY INC 15.04 9864224688 COON ROCK FARM LLC Yes 22.60 9864294255 CRAIG 7.28 9864312586 NORTH CAROLINA STATE 65.08 9864319480 ORANGE COUNTY 4.06 9864015589 CATES 5.98 9864074274 DUKE UNIVERSITY SCHOOL OF FORESTRY 172.99 ROW & River 48.72 Total 485.26 Existing Land Use Properties Acreage % of Total Private Non -Farm Use 9 73.09 15% Private Farm Use 6 93.99 19% Public /Quasi - Public /Institutional 8 269.46 56% R.O.W and Eno River N/A 48.72 10% Tota 11 22 1 485.26 100% 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Attachment 5 DRAFT MINUTES EXCERPT ORANGE COUNTY PLANNING BOARD OCTOBER 8, 2014 REGULAR MEETING MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township Representative; James Lea, Cedar Grove Township Representative; Herman Staats, At- Large, Cedar Grove Township; Tony Blake, Bingham Township Representative; Laura Nicholson, Eno Township Representative; Paul Guthrie, At -Large Chapel Hill Township; Andrea Rohrbacher, At -Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Maxecine Mitchell, At -Large Bingham Township; Bryant Warren, Hillsborough Township Representative; MEMBERS ABSENT: Lydia Wegman -At -Large Chapel Hill Township; STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Tom Altieri, Comprehensive Planning Supervisor, Perdita Holtz, Special Projects Coordinator, Tina Love, Administrative Assistant II OTHERS PRESENT: Bonnie Hammersley, County Manager; James Bryan, Staff Attorney; Andrew Vanard AGENDA ITEM 7: 2030 COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT: To make a recommendation to the BOCC on government- initiated amendments to the Future Land Use Map of the Comprehensive Plan to assign County land use classifications to approximately 500 acres of property that are to be removed for the Town of Hillsborough Extraterritorial Jurisdiction (ETJ) located generally near the Eno River between US 70W and 1- 85/1 -40 in Cheeks and Hillsborough Townships. This item was heard at the September 8, 2014 quarterly public hearing. Presenter: Tom Altieri, Comprehensive Planning Supervisor Tom Altieri reviewed abstract and presented a PowerPoint Presentation. Pete Hallenbeck: Does anyone have any questions for Tom? Tony Blake: I recall a conversation from the BOCC that the underlying concern seemed to be that we were repurposing land use for agricultural that might be better zoned rural residential or vice a versa and that there might be some permitted uses on a farm or something that would be disallowed if it was rural residential or again vice a versa and I think that it's key that the land use match the zoning and so that is my question, does the land use match the zoning in this? Tom Altieri: You're correct, it does need to and in this case, in the Comprehensive Plan I think you've probably seen it, a few before in some previous amendments. There's what I call a matrix, its located in the appendices at the back of the land use plan and it shows the relationship between the Future Land Use Map categories down one column and then the rows across are all of the applicable zoning districts. You're right for the Agricultural Residential Land Use category the only applicable zoning is Agricultural Residential. So that's exactly right. Tony Blake: I believe and again I'm reading between the lines from the County Commissioners' comments, I believe that going around in some of their heads and I think Commissioner Dorosin in particular was this discussion about 17 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 the solar farm in the north and what was permitted and what wasn't permitted and there might be something that was permitted like a solar farm on a farm as opposed to in a rural residential. Michael Harvey: I want to clarify a solar facility is permitted with a issuance of a Special Use Permit in the Rural Buffer and Agricultural Residential and Rural Residential land use categories currently. Tony Blake: There's not one that doesn't need a SUP? Michael Harvey: There are three categories of solar array development. There's under 20,000 which accessory as a Class B and Class A. Class B and Class A would be allowed in the three zoning districts so there is no distinction from that standpoint. Tony Blake: I was thinking of some of the farms that have put up solar facilities for use on their farms for their own purposes. Lisa Stuckey: My impression is that AR is less restrictive and you can do more things in there by right, is that correct? In general. Tom Altieri: Some of the questions are more related to the zoning side. However, Tony does make a good point which is once the Board has recommended Agricultural Residential on the Future Land Use Map side the only applicable district that can be applied when we get to the zoning side is Agricultural Residential. There are some additional materials outlining the differences in the permitted uses that are part of the other item. Tony Blake: I more wanted to get that on the record so that when the Commissioners read it they can either comment on whether I was reading between the lines correctly or not and maybe settle that question. Craig Benedict: I think also one of the questions was is this new area more like a rural area or is it like an urban area and somebody mentioned that word suburban. Well, Orange County Land Use and city programs have quite a few demarcations so that's what I think was being inferred that there might be some sort of intermediate category that could be urban in the future. As Tom said in the interlocal agreements, saying that the urban service area boundary stops at this new ETJ boundary really does say this is urban and this is definitely a rural lifestyle. AR fits that well. Pete Hallenbeck: My only comment on the topic is I think the Agricultural Residential fits what is currently going on there and that's borne out by that table that says only 15% of that is private and not farm use the other is either farm use or the quasi - public so I don't have a problem with that right now, in 30 years from now, who knows but today it seems like a pretty good call. Also putting sewer and water on Eno Mountain would be a little rough. MOTION by Lisa Stuckey to recommend approval to the BOCC on the proposed 2030 Comprehensive Plan FLUM amendment. Seconded by Tony Blake VOTE: UNANIMOUS 2 W RES- 2014 -067 /G o7NTai7'-1 A RESOLUTION AMENDING THE 2030 COMPREHENSIVE PLAN CP- 2013 -02 WHEREAS, Orange County initiated amendments to the Orange County 2030 Comprehensive Plan Future Land Use Map (FLUM), as established in Section 2.3 of the Orange County Unified Development Ordinance (UDO), to assign County future land use classifications to properties that have been removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), effective October 1, 2014. WHEREAS, the amendment area consists of approximately 500 -acres located generally near the Eno River between US 70 W and 1- 85/1 -40 in Cheeks and Hillsborough Townships, and WHEREAS, the Parcel Identification Numbers (PIN) of the twenty -two parcels included in this amendment are: 9864212218 9864294255 9864165305 9854989358 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 and WHEREAS, affected properties are to be classified to County Land Use Classifications, which in these cases include: Agricultural Residential (portions to include Watershed and Resource Protection and Public Interest Area overlays), and WHEREAS, the amendment further implements the Hillsborough- Orange Interlocal Land Management Agreement (2009 and as amended 2014), and WHEREAS, the Board finds that the FLUM amendment is internally consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the following: Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Objective LU -1.1: Coordinate the location of higher intensity / high density residential and non- residential development with existing or planned locations of public 19 20 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 6: A land use planning process that is transparent, fair, open, efficient, and responsive. Objective LU -6.1: Undertake a comprehensive effort to inform and involve the citizens of Orange County in the land use planning process. Objective LU -6.2: Maintain a cooperative joint planning process among the County municipalities and those organizations responsible for the provision of water and sewer services to guide the extension of service in accordance with the Comprehensive Plan, the Orange County - Chapel Hill - Carrboro Joint Planning Agreement and Land Use Plan, and the policies of the municipalities, and WHEREAS, the FLUM classification and overlays that are part of the amendment are consistent and compatible with those in the area of the amendment and in general, are of a very low density residential and conservation minded nature, and WHEREAS, the requirements of Section 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County, North Carolina, that the Future Land Use Map, provided in Chapter 5 of the Land Use Element of the 2030 Comprehensive Plan, is hereby amended as described consistent with the attached map. Upon motion of Commissioner seconded by Commissioner , the aforementioned 2030 Comprehensive Plan amendments were adopted this the day of , 2014 and shall become effective upon adoption. Donna Baker, Clerk, Orange County Commissioners