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HomeMy WebLinkAboutAgenda - 11-06-2014 - 5b1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 6, 2014 Action Agenda Item No. 5 -b SUBJECT: Zoning Atlas 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): INFORMATION CONTACT: 1. Comprehensive Plan /Future Land Use Tom Altieri, Planning, 919 - 245 -2575 Map and UDO Amendment Outline Form Craig Benedict, Planning, 919 - 245 -2592 (CP and Zoning 2013 -02) 2. Zoning Map Hillsborough Surrounds 3. Zoning Classification Comparison 4. Draft Planning Board Minutes Excerpt 5. Planning Board Statement of Consistency 6. Draft BOCC Statement of Consistency 7. Draft Ordinance Approving Atlas Amendment PURPOSE: To make a recommendation on a County initiated amendment to the Zoning Atlas 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 zoning 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 -a., "2030 Comprehensive Plan Future Land Use Map 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: 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. 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 zoned to County zoning districts, which in this case includes: Agricultural Residential (AR) and Public Interest District (PID) (portions to include Watershed Protection, Special I Flood Hazard, and Major Transportation Corridor Overlays). A map showing the proposed zoning is provided in Attachment 1. Public Hearing The proposed zoning atlas 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 two questions: 1. Why is staff recommending application of the 'Agricultural Residential (AR)" zoning district versus the "Rural Residential (R1)" district to some of the properties affected 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 zoning atlas that includes the entire Hillsborough periphery (Attachment 2). Staff posits that the AR zoning district is consistent with the zoning applied in the general amendment area. The northern amendment area is more similar to lands to the west and north which are also AR, Public Interest District (PID), and Watershed Critical Area. For the southern amendment area, although there are some properties on the west side of Dimmocks Mill Road, north of I- 85/40, that are presently zoned R1, the 2030 Comprehensive Plan Future Land Use Map (FLUM) has those properties classified as Agricultural Residential. As defined in the 2030 Comprehensive Plan, Appendix F, the companion zoning district for the Agricultural Residential FLUM classification is AR exclusively and not R1. In other words, to apply R1 zoning, it should be located within an area classified as Agricultural Residential on the FLUM. Therefore, staff cannot recommend that an existing inconsistency in the application of R1 zoning just outside the proposed amendment area be exacerbated by adding additional R1 within the amendment area on the east side of Dimmocks Mill Road. Although the Dimensional and Ratio Standards between the R1 and AR zoning districts are nearly identical, there is one difference in the minimum lot width standard and some differences in the uses permitted within the two districts. As part of Unified Development Ordinance amendments implementing Agricultural Support Enterprises, additional Agricultural Uses were added to the Table of Permitted Uses in May of this year (Attachment 3). The permitted Agricultural Uses and minimum lot width standard (150 -ft) associated with AR are more compatible with the existing land uses and character of the amendment areas than those associated with R1 (130 -ft). Orthophotos of the amendment areas and a table that summarizes existing land uses were provided as part of the materials for Agenda Item 5 -a "2030 Comprehensive Plan Future Land Use Map Amendment." 2. What would happen if a development application was submitted within the amendment area during the time period between the effective date of the Town's ETJ relinquishment (October 1, 2014) and conclusion of the County's amendment process (November 6, 2014) to apply its FLUM classifications and zoning? Staff response - The North Carolina General Statutes (Section 160A- 360(fl )) allow the Town to continue to enforce its regulations for either 60 days or until the County adopts its FLUM and zoning amendments, whichever comes first. Since the Town's relinquishment becomes effective October 1, the Town's planning regulations and powers of enforcement remain in effect until Dec 1 or when the BOCC concludes the County's process on November 6. t 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 Planning Director's Recommendation The Planning Director recommends approval of the proposed zoning atlas amendment based on the following: 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); and b. This amendment is consistent with land use goals and objectives of the 2030 Comprehensive Plan; and 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; and d. The proposed zoning districts and overlays are consistent and compatible with those of the County's rural surrounding area and in general are very low density residential, conservation land uses, including Watershed Critical Area, and located outside of Hillsborough's Urban Service Area. Planning Board Recommendation: The Planning Board considered this item at its October 8, 2014 meeting and voted unanimously to recommend approval. The excerpt of the draft Planning Board Minutes is included in Attachment 4. Consistency Statement In July of this year, the NC Court of Appeals issued a new opinion which dealt with consistency statements. When the BOCC considers a rezoning or zoning ordinance amendment the BOCC must approve a statement about the amendment's consistency with adopted plans and public interest. The Planning Board is tasked with providing a written recommendation to the BOCC that addresses plan consistency and other matters as deemed appropriate by the Planning Board. Attachment 5 is the Statement of Consistency that was approved unanimously by the Planning Board. The BOCC recommendation on plans consistency should be handled as a separate motion /vote from its recommendation on the rezoning or application of zoning. Attachment 6 provides a draft statement of consistency for BOCC consideration. Attachment 7 is a draft resolution approving the zoning atlas amendment for BOCC consideration. Procedural I nfo rm ati o n In accordance with Section 2.8.8 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. 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. FINANCIAL IMPACT: See Sections C.3 of Attachment 1. M RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board Statement of Consistency and recommendation of approval; 2. Close the public hearing; 3. Adopt the BOCC Statement of Consistency (Attachment 6); and 4. Adopt the ordinance (Attachment 7) approving the zoning atlas 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: 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. u 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 7 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. 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 9 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 10 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 12 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 �.. Orange County Zoning Attachment 2 13 =AR = EC5 = EDH -2 12 ® OI = PDHR5 = R3 =AS = EDB -2 = EDH -3 13 PD -01 PDHR8 = R4 = CC3 = EDE -1 =El LC1 ® PDCGC4 PID = R5 = City Limits E::J EDE -2 = GC4 NC2 ® PDHR2 R1 = R8 = ETJ = EDH -1 =11 ® PD -11 ® PDHR4 R2 = RB Streams Water Bodies Amendment Area Overlays 0 Watersheds Efland- Cheeks Highway 70 Overlay District 11 Major Transportation Corridor ®Stoney Creek Basin Special Flood Hazard ® Areas W N E S 0 2,000 mom= Feet 1 in = 1 miles Orange County and Planning and Inspections Department. This copy printed September 30, 2014. Map is for reference use only Contact Planning staff for verification of data. Attachment 3 14 ZONING COMPARISON RURAL RESIDENTIAL (R1) and AGRICULTURAL RESIDENTIAL (AR) DISTRICTS DISTRICTS R -1 AR I Minimum lot width RURAL RESIDENTIAL DISTRICT AGRICULTURAL RESIDENTIAL DISTRICT Minimum front setback from r -o -w The purpose of the R -1 District is to provide The purpose of the AR District is to assist in the Minimum corner side setback locations for rural non -farm residential preservation of land suitable, as a result of Minimum side setback development, at very low intensities, in areas location, existing farming operations, soils and DISTRICT PURPOSES where the short and long -term solutions to topography, for agricultural, silvicultural or Maximum height domestic water supply and sewage disposal horticultural uses and to protect such uses from Minimum gross land area shall be individual wells and ground absorption the adverse effects of incompatible land uses. Minimum required open space ratio system. R -CU NR, NR CU: .84 Minimum required recreation space ratio Where designated Rural Residential by the Where designated Agricultural Residential by Minimum required livability space ratio Comprehensive Plan; and where urban the Comprehensive Plan; and where urban DISTRICT APPLICATION services, including water distribution and services, including water distribution and Density sewage collection mains, are not likely within sewage collection mains, are not likely within Differences in permitted uses 10 -20 years. 10 -20 years. STANDARDS R -1 AR Minimum lot size 40,000 square feet 40,000 square feet Minimum lot width 130 feet 150 feet Minimum front setback from r -o -w 40 feet 40 feet Minimum corner side setback 40 feet 40 feet Minimum side setback 20 feet 20 feet Minimum rear setback 20 feet 20 feet Maximum height 25 feet, with 2 feet of additional height allowed for one foot increase of the required front and side setbacks 25 feet, with 2 feet of additional height allowed for one foot increase of the required front and side setbacks Minimum gross land area R -CU, NR -CU: 80,000 square feet R -CU, NR -CU: 80,000 square feet Minimum required open space ratio R -CU NR, NR CU: .84 R -CU NR, NR CU: .84 Minimum required recreation space ratio R, R -CU: .031 R, R -CU: .031 Minimum required livability space ratio R -CU: .75 R -CU: .75 Minimum required pedestrian/landscape ratio NR, NR -CU: .21 NR, NR -CU: .21 Density The density permitted based on the Watershed Protection Overlay District The density permitted based on the Watershed Protection Overlay District Differences in permitted uses *See attached permitted use table *See attached permitted use table Indicates difference in standards or uses 09/12/2014 D v CD D Article 5: Uses Section 5.2: Table of Permitted Uses 15 5.2.1 Table of Permitted Uses — General Use Zoning Districts TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS r=PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District-, See Section 5.1.4(E) Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) AGRICULTURAL USES Agricultural Processing Facility — Agricultural Processing Facility, Community Agricultural Services Uses Cold Storage Facility Community Farmers' Market A Composting Operation, no grinding Composting Operation, with grinding — Cooperative Farm Stand Equestrian Center Farm Equipment Rental, Sales and Service — Farm Supply Store Greenhouses with On Premises Sales Meat Processing Facility, Community Meat Processing Facility, Regional — Non-Farm Use of Farm Equipment A Stables, Commercial — Stockyards / Livestock Markets — CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Orange County, North Carolina - Unified Development Ordinance Page 5 -5 Article 5: Uses Section 5.2: Table of Permitted Uses 16 Orange County, North Carolina - Unified Development Ordinance Page 5 -6 TABLE OF PERMITTED USES - GENERAL USE ZONING DISTRICTS * = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID - Use may not be permitted as a Conditional Use District-, See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Child Care Facilities Non-Profit Educational Cooperative Schools: Dance, Art & Music Schools: Elementary, Middle & Secondary Schools: Vocational Universities, Colleges & Institutes COMMERCIAL USES Banks & Financial Institutions Beauty & Barber Shops Country Store Drive In Theaters - Funeral Homes - Garden Center Hotels & Motels - Junkyards - Kennels, Class 11-A Laundry & Dry Cleaning Services Massage, Business of Microbrewery with Minor - -0------------- --000- Nightclubs, Bars, Pubs Offices Personal S- - Offices Personal S- - Offices Personal S- - ----------- © ©- ©---- ©- Orange County, North Carolina - Unified Development Ordinance Page 5 -6 Article 5: Uses Section 5.2: Table of Permitted Uses 17 Orange County, North Carolina — Unified Development Ordinance Page 5 -7 TABLE OF - ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = S U BJ ECT TO S PECIAL STAN DARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Repair Service Electronic & Appliance Restaurants: Carry Out Restaurants: Drive In Restaurants: General Retail, Class 1 Retail, Class 2 Retail, Class 3 Rural Guest Establishment: Bed & Breakfast ^ Rural Guest Establishment: Bed & Breakfast Inn ^ B B Rural Guest Establishment: Country Inn A A A Storage of Goods, Outdoor — Storage or Warehousing: Inside Building Studio (Art) Taxidermy ^ B Tourist Home Wholesale Trade Winery with Minor Events A B B B B EXTRACTIVE USES Extraction of Earth Products — A A A A A GOVERNMENTAL USES Governmental Facilities & Office Buildings Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments Orange County, North Carolina — Unified Development Ordinance Page 5 -7 Article 5: Uses Section 5.2: Table of Permitted Uses 18 Orange County, North Carolina — Unified Development Ordinance Page 5 -8 TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS * = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District-, See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Military Installations (National Guard & Reserve Armory) — MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order H Outlets ouses, But Excluding On-Premises Retail Industrial, Heavy — Industrial, Light — Industrial, Medium — Microbrewery, production only A Printing & Lithography Winery, production only MEDICAL USES Health Services: Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. Ft. Veterinary Clinic Veterinary Clinic, mobile Veterinary Hospitals RECREATIONAL USES Botanical Gardens & Arboretums Camp/Retreat Center Golf Driving and Practice Ranges Parks, Public & Non-Profit Orange County, North Carolina — Unified Development Ordinance Page 5 -8 Article 5: Uses Section 5.2: Table of Permitted Uses 19 Orange County, North Carolina — Unified Development Ordinance Page 5 -9 TABLE OF - ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = S U BJ ECT TO S PECIAL STAN DARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Recreational Facilities (Non- Profit) B B B B B B B B B B B B B B B B B Recreational Facilities (Profit) Golf Course A A A A A A A A A A A A A A A A A RESIDENTIAL USES Dwelling; Mobile Home Dwelling; Multiple Family Dwelling; Single - Family Dwelling; Two - Family Family Care Home Group Care Facility B B B B B B B B B B B B B B B Rehabilitative Care Facility Residential Hotel (Fraternities, Sororities, and Dormitories ) — A A A A A Rooming House TELECOMMUNICATIONS Telecommunication Tower — Stealth (75 feet or shorter Telecommunication Towers (Over 75 feet and under 200 feet B B B B B B B B B B B B B B B B B B B B B Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A TEMPORARY USES ir Buildings, Portable B B B B B B B B B B B B B B Temporary Mobile Home (Custodial Care) B B B B B B B B B B Orange County, North Carolina — Unified Development Ordinance Page 5 -9 Article 5: Uses Section 5.2: Table of Permitted Uses 20 ' See Section 5.15.1 for special standards Orange County, North Carolina — Unified Development Ordinance Page 5 -10 TABLE OF - ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = S U BJ ECT TO S PECIAL STAN DARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter Bus Terminals & Garages — Motor Freight Terminals — Motor Vehicle Maintenance & Repair (Body Shop) Motor Vehicle Repair Garage — Motor Vehicle Sales / Rental (New & Used) 0' Motor Vehicle Services Stations Parking As Principal Use, Surface or Structure Petroleum Products: Storage & Distribution — Postal & Parcel Delivery Services UTILITIES Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants A A A A A A A A A A A A A A A A A A A A Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B Water & Sanitary Sewer Pumping Solar Array — Large Facility B B B B B B B B B B B B B B B B B B B Solar Array — Public Utility A A A A A A A A A A A A A A A A A A A WASTE MANAGEMENT ' See Section 5.15.1 for special standards Orange County, North Carolina — Unified Development Ordinance Page 5 -10 Article 5: Uses Section 5.2: Table of Permitted Uses 21 Orange County, North Carolina - Unified Development Ordinance Page 5 -11 TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS * = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District-, See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Landfills (2 Acres or More) — Landfills (Less Than 2 Acres) — Waste Management Facility-, Hazardous & Toxic — MISCELLANEOUS Accessory Uses Airports, General Aviation, Heliports, S.T.O.L — Assembly Facility Greater Than 300 Assembly Facility Less Than 300 Clubs or Lodges-, Social-, Fraternal or Union Clubhouses Community Center Crematoria — Historic Sites Non-Residential/Mixed Use Kennels, Class I Research Facility — Research Lands & Installations, Non-profit Rural Heritage Museum Rural Special Events A Special Events (Less than 150) Orange County, North Carolina - Unified Development Ordinance Page 5 -11 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 53 54 Attachment 4 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 8: ZONING ATLAS AMENDMENT: To make a recommendation to the BOCC on a government - initiated amendment to the Zoning Atlas to assign County zoning districts to approximately 500 acres of property that are to be removed from 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. Herman Staats: So, the triangle that you said was inconsistently zoned versus land use designation, is there a reason it was zoned that way and if there is not a reason that its zoned that way should the zoning be changed so that it is consistent? Tom Altieri: The reason, I don't know the reason but I think that's how it was zoned when that township was originally zoned. I have a theory which is that it might have something to do with the Hillsborough Township line. I found it interesting that the western side of that R -1 boundary (illustrated on map) that's not a parcel line. That's a line that seems to be a hangover from a township line that for some reason doesn't extend further to the north or south as we know the Hillsborough Township does. Our mapping has gotten significantly better, our GIS and overlays and could be the result of previous less precise mapping. Pete Hallenbeck: That area you're talking about, the Hillsborough triangle, is it in a critical watershed area? Tom Altieri: It is. Pete Hallenbeck: That tempers how much you can do there. Tony Blake: How many acres is it. Tom Altieri: Maybe 120 acres all those parcels combined. 22 23 55 Paul Guthrie: What is the ownership pattern? Are there a lot of owners, one owner? 56 57 Tom Altieri: I don't have that specific information tonight. 58 59 Paul Guthrie: Is there any development on it at all. 60 61 Michael Harvey: Single family residents on those lots and one of the parcels is part of a larger farm. The Hare 62 Krishna part of their temple is on the other side of Dimmocks Mill Road there is a mish mash of existing land uses in 63 that general area. 64 65 Pete Hallenbeck: In my opinion at this point, fairly well developed. Most lots have something on them. 66 67 Tony Blake: One more question, that phantom line seems to bisect a bunch of lots, does that mean that the lots 68 have two land use and zoning classifications? 69 70 Tom Altieri: One base land use classification and correct, two different zoning classifications. 71 72 Tony Blake: This would serve to bring them in line and make them consistent across the lot. 73 74 Tom Altieri: That's not part of this amendment. If it is something that this Board wanted to recommend to the County 75 Commissioners it would require another public hearing and notification and then we could consider that. 76 77 Tony Blake: I don't think it's worth it. 78 79 Craig Benedict: One other thing, this upgraded consistency statement, just something that we can use for future 80 reference. With this consistency statement, you see us referring to previous planning studies. One case was the 81 Hillsborough Interlocal Agreement another planning construct was the water and sewer boundary agreement was 82 another layer of the planning. As we proceed with these rezonings in the future, you'll see us continue to use the 83 value of our small area planning processes to show consistency. The law has come back around to support what we 84 have been doing in the past by having multiple reasons for changing zoning. Some places around the state would 85 say, just because, so this is a way of incorporating our prior planning and give a good consistency statement. 86 87 Pete Hallenbeck: So to put this concept of the consistency statement into perspective, if we're talking about taking 88 some parcel there and zoning it for some gigantic store or office complex that would be a consistency problem 89 instead we're wrestling with AR versus R -1. 90 91 Paul Guthrie: Has there been any commentary from any of these parties that have an ownership interest on this 92 particular activity? 93 94 Tom Altieri: Very little. They all have received first class mail notification and the information. We had one citizen 95 that attended the public hearing that spoke to me after the meeting that just wanted more information. I provide him 96 the information, more detail on his zoning and the permitted uses and Margaret Hauth's contact information with the 97 Town if he had any interest in how the zoning may have played out had his property stayed within the Town's 98 jurisdiction. We did have a lot of interest back in January of this year when the Town was looking at both 99 relinquishing and expanding its ETJ, that involved another 200 or so properties and we did have about 50+ people 100 show up at that meeting. All but two were there because they owned property within the areas where the Town was 101 considering expansion. I think a lot of the people dropped off and there has only been a few phone calls, 3 or 4. 102 103 MOTION by Bryant Warren to recommend to the BOCC approval of the rezoning amendment. Seconded by Buddy 104 Hartley. 105 VOTE: UNANIMOUS 106 107 MOTION by Bryant Warren to approve the consistency statement. Seconded by Tony Blake 108 VOTE: UNANIMOUS 2 STATEMENT OF CONSISTENCY OF PROPOSED ZONING ATLAS AMENDMENT WITH THE 2030 COMPREHENSIVE PLAN AND /OR OTHER ADOPTED COUNTY PLANS Orange County has initiated amendments to the Zoning Atlas 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 zoning to properties that are to be removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), which is to become effective October 1, 2014. 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: 9864212218 9864294255 9864165305 9854989358 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 The Planning Board finds: • The requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and • Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds documentation within the record denoting that the rezoning is consistent with the adopted 2030 Comprehensive Plan and/or other adopted County plans. The amendment is consistent with applicable plans because it: • Supports the following 2030 Comprehensive Plan 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. ObLective 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. M 25 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. • Further implements the Hillsborough- Orange Interlocal Land Management Agreement (2009 and as amended 2014), consistent with the Town of Hillsborough /Orange County Central Orange Coordinated Area Land Use Plan and established Town Urban Service Area, and • Supports the Water and Sewer Management, Planning and Boundary Agreement and Map. The amendment is reasonable and in the public interest because: • 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, NCDOT, Krishna Temple, etc.) existing land uses and 19% of the amendment area is under the Present Use Value program, and • The existing land use activities in the area support the rezoning of properties to the Agricultural Residential (AR) and Public Interest District (PID) general use zoning districts as well as the extension of Watershed Protection, Special Flood Hazard, and Major Transportation Corridor Overlays, and • The proposed zoning districts include permitted uses such as single - family residential, church, day care, bed and breakfast, government use, cooperative farm stand, greenhouse, parks, research lands, which provide an appropriate balance between development rights and environmental protection, and • The proposed zoning districts and overlays are found in the vicinity, and • It is consistent with the character of the area, existing development trends, and will minimize the potential for incompatible land uses in the future, and • It promotes public health, safety, and general welfare by furthering the goals and objectives of the 2030 Comprehensive Plan. The Planning Board hereby recommends that the Orange County Board of County Commissioners consider adoption of the proposed zoning atlas amendment. Z y Pete Hallenbeck, Chair Date /G o7NTai7'-1 STATEMENT OF CONSISTENCY OF PROPOSED ZONING ATLAS AMENDMENT WITH THE 2030 COMPREHENSIVE PLAN AND /OR OTHER ADOPTED COUNTY PLANS Orange County has initiated amendments to the Zoning Atlas 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 zoning to properties that are to be removed from the Town of Hillsborough Extraterritorial Jurisdiction (ETJ), which is to become effective October 1, 2014. 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: 9864212218 9864294255 9864165305 9854989358 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 M The Board of County Commissioners finds: • The Orange County Planning Board has approved its Statement of Consistency finding that the amendment is consistent with applicable plans, is reasonable and in the public interest, and recommends adoption of the proposed zoning atlas amendment, and • The requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and • Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds documentation within the record denoting that the rezoning is consistent with the adopted 2030 Comprehensive Plan and /or other adopted County plans. The amendment is consistent with applicable plans because it. • Supports the following 2030 Comprehensive Plan 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 intereet 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. 27 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. • Further implements the Hillsborough- Orange Interlocal Land Management Agreement (2009 and as amended 2014), consistent with the Town of Hillsborough /Orange County Central Orange Coordinated Area Land Use Plan and established Town Urban Service Area, and • Supports the Water and Sewer Management, Planning and Boundary Agreement and Map. The amendment is reasonable and in the public interest because. • 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, NCDOT, Krishna Temple, etc.) existing land uses and 19% of the amendment area is under the Present Use Value program, and • The existing land use activities in the area support the rezoning of properties to the Agricultural Residential (AR) and Public Interest District (PID) general use zoning districts as well as the extension of Watershed Protection, Special Flood Hazard, and Major Transportation Corridor Overlays, and • The proposed zoning districts include permitted uses such as single - family residential, church, day care, bed and breakfast, government use, cooperative farm stand, greenhouse, parks, research lands, which provide an appropriate balance between development rights and environmental protection, and • The proposed zoning districts and overlays are found in the vicinity, and • It is consistent with the character of the area, existing development trends, and will minimize the potential for incompatible land uses in the future, and • It promotes public health, safety, and general welfare by furthering the goals and objectives of the 2030 Comprehensive Plan. The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Barry Jacobs, Chair Date ORD- 2014 -042 Attachment 7 28 AN ORDINANCE AMENDING THE ORANGE COUNTY ZONING ATLAS Zoning 2013 -02 WHEREAS, Orange County has initiated amendments to the Zoning Atlas affecting 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 Zoning Atlas amendment(s) seeks to establish County zoning designations on 22 properties formerly within the Town of Hillsborough ETJ further identified utilizing the following Orange County Parcel Identification Numbers (PIN): 9864212218 9864294255 9864165305 9854989358 9864111534 9864012864 9864175152 9864135926 9864015589 9864074274 9864210925 9864111926 9864122219 9864028637 9864312586 9864155705 9864124872 9864138329 9864319480 9864224688 9864069297 9854980353 WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the rezoning is consistent with applicable plans as detailed within a previously adopted Statement of Consistency, and WHEREAS, the Board has found the proposed zoning atlas amendment is reasonable and in the public interest as detailed within a previously adopted Statement of Consistency. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning Atlas is hereby amended to rezone the property as described consistent with the attached map. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of 7 2014. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2014 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said :i Z ON WITNESS my hand and the seal of said County, this day of 2014. SEAL Clerk to the Board of Commissioners /o