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HomeMy WebLinkAboutAgenda - 11-18-2014 - 5aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 18, 2014 Action Agenda Item No. 5 -a 1 SUBJECT: Comprehensive Plan and Unified Development Ordinance Text Amendments for Agricultural Support Enterprises Within the Rural Buffer Land Use Classification — Defer Public Hearing Process to March 3, 2015 (No Additional Oral Comments Accepted) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENTS: INFORMATION CONTACT: Perdita Holtz, 919 - 245 -2578 Craig Benedict, 919 - 245 -2592 PURPOSE: To defer the public hearing process on the Comprehensive Plan and Unified Development Ordinance (UDO) zoning text amendments pertaining to Agricultural Support Enterprises within the Rural Buffer land use classification to March 3, 2015. As a reminder, the public hearing where oral comments are accepted was held on February 24, 2014. Any additional comments received after the oral public hearing must be in writing. The item on the November 18, 2014 agenda is solely to further defer action on the proposed text amendments until March 3, 2015 in order to allow additional time for necessary amendments to be made to the Joint Planning Area Land Use Plan and Agreement. BACKGROUND: This item was presented at the February 24, 2014 Quarterly Public Hearing. It was noted at the hearing that concurrent amendments to the Joint Planning Area Land Use Plan and Agreement (JPA) were necessary in order for the County to adopt the proposed UDO zoning amendments. The JPA land use amendments, which were heard at the March 27, 2014 joint public hearing, must be approved by the Towns of Chapel Hill and Carrboro and Orange County. The Orange County Board of Commissioners adopted the JPA land use amendments at its June 3, 2014 meeting. The Towns of Chapel Hill and Carrboro considered the amendments at meetings in June, but opted to continue to contemplate the JPA amendments, with the Town of Carrboro Board of Aldermen in particular noting it wished to delve into the details of the UDO zoning amendment, which would implement the JPA land use amendments. On October 14, 2014, the Carrboro Board of Aldermen adopted a Resolution pertaining to the JPA amendments and the topic was discussed at the October 16th joint Orange County /Town of Carrboro meeting. The topic is scheduled for discussion at the November 1 0th Chapel Hill Town 2 For additional background, including a synopsis of comments from the quarterly public hearing, please refer to Attachment 1. Agenda materials from the September 8, 2014 Quarterly Public Hearing can be viewed at: http:// orangecountync .gov /occlerks /140908.pdf. Attachment 6 contains the required Statement of Consistency indicating the proposed amendment is consistent with the adopted Comprehensive Plan. Attachment 7 contains the proposed amendments with additions shown in red text and proposed deletions are shown in red text as well as footnotes documenting the rationale for the proposed modification. Modifications incorporating comments from the public hearing are denoted in green text. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency and the proposed text amendments. Planning Board Recommendation: At its October 8, 2014 regular meeting, the Board voted unanimously to recommend approval of the proposed text amendment consistent with staff's recommendation. Agenda materials from this meeting can be viewed at: http://orangecountync.gov/planning/documents/10.8.14PB Packet. pd . A synopsis of comments from the meeting can be found in Attachment 1. A Statement of Consistency, adopted by the Planning Board, recommending the approval of this text amendment is contained within Attachment 5. An excerpt of the approved minutes from the meeting are contained within Attachment 4. Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. The Planning Board may consider additional oral evidence 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. For additional information please refer to Section B.1 and 2 in Attachment 1. FINANCIAL IMPACT: See Section C.3 in Attachment 1. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the Planning Board's recommendation; 2. Close the public hearing; and 3. Take action on the request by: a. Approving the Resolution Concerning Statement of Consistency contained within Attachment 6. and b. Approving the Ordinance amending the UDO, contained within Attachment 7, as recommended by the Planning Board and staff. Council meeting and for the November 19, 2014 Assembly of Governments meeting. Action (or further action) on the JPA amendments is not anticipated by the Towns until late January 2015. The public hearing for the Comprehensive Plan and UDO zoning amendments had been adjourned until September 4 and then further adjourned until November 18 in order to allow time for the concurrent JPA land use amendments to be approved by the three local governments. Since approval has not occurred, the public hearing for the Comprehensive Plan and UDO zoning amendments (which is held open in order to receive the Planning Board's recommendation and any written comments submitted after the oral public hearing) needs to be delayed to March 3, 2015. This should allow ample time for the Towns to consider the necessary JPA land use amendments and for the County re -adopt any JPA land use amendments that result from the Towns' reviews /approval (staff expects some amendments will be forthcoming). As information, the County Planning Board has recommended approval of the Comprehensive Plan and UDO zoning text amendments. Additionally, the Planning Boards of the Towns of Chapel Hill and Carrboro recommended approval of the JPA land use amendments to their respective elected boards. FINANCIAL IMPACT: There is no financial impact to continue this item. RECOMMENDATION(S): The Manager recommends the Board: 1. Open the public hearing, and 2. Defer the hearing by adjourning it to March 3, 2015 in order to allow time for the necessary JPA land use amendments to be further considered.