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HomeMy WebLinkAboutAgenda - 11-19-2014 - 5b1 ORANGE COUNTY ASSEMBLY OF GOVERNMENTS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2014 Action Agenda Item No. 5 -b SUBJECT: Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer DEPARTMENT: County Planning & Inspections ATTACHMENT(S): 1) Resolution Adopted by Town of Carrboro 2) Alternative Language Suggested by County Staff 3) Tables Showing Existing and Proposed Land Uses for the Rural Buffer PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Perdita Holtz, Planner III, 919 - 245 -2578 Craig Benedict, Planning Director, 919- 245 -2592 PURPOSE: To discuss aspects of proposed changes to the Joint Planning Land Use Plan and Agreement and the County's Unified Development Ordinance (UDO) that would accommodate appropriate "Agricultural Support Enterprises" (ASE) in the Rural Buffer. Orange County and the Towns of Chapel Hill and Carrboro must approve changes to the Joint Planning Land Use Plan and Agreement (JPA) before Orange County can consider adoption of implementing amendments to its Unified Development Ordinance (UDO amendments were heard at the February 24, 2014 quarterly public hearing: http://orangecountync.gov/occi rksf140224.pdf). The Orange County Board of Commissioners approved the JPA amendments at its meeting on June 3, 2014 (http://orangecountync.gov/occierks/140603.pd ). After discussing the topic at four meetings, the Town of Carrboro approved a resolution at its meeting on October 14. The Chapel Hill Town Council received a staff report at its meeting on November 10. The Council discussed special events, concerns noted by the Carrboro Board of Aldermen (see below), and maintaining the viability of farming in the Rural Buffer. The Council has scheduled additional discussion and potential action in late January 2015. Among other stipulations, the Resolution (Attachment 1) adopted by the Town of Carrboro includes a sunset clause whereby the text amendments in both the joint planning documents (Land Use Plan and Agreement) and the County's UDO would expire in six years from their effective dates unless the three local governments each adopt a resolution expressing the governing body's desire that the amendments remain part of the documents. Orange County staff has expressed concerns about including a sunset clause because of questionable legality (the sunset clause would require automatic removal of language from documents /regulations that normally require a public hearing to amend) and because of the impression a sunset clause might give to people who may be interested in developing an agricultural support enterprises use (unless the three local governments vote to keep the language in place, any uses developed under the Agricultural Support Enterprises provisions would be permitted to keep operating, but could not be expanded). Additionally, there is no guidance on what happens after 6 years if the local governments vote to keep the language (is it reviewed every 5 or 6 years thereafter, or does it become permanent after the first review ?) Orange County staff had provided alternative language to the Town of Carrboro (Attachment 2) which the Town discussed but declined to adopt. Prior to this Assembly of Governments meeting, Planning staff members of the three local governments have discussed alternative options that could be considered- 1 . Consider instituting a timing mechanism of some sort, e.g., only "x" number of ASE uses can be established in the Rural Buffer each calendar year (or some other timeframe). 2. Consider instituting an acreage mechanism of some sort, e.g., only "x" number of acres may be used for ASE uses in the Rural Buffer (either annually or absolute). 3. Consider dividing the Rural Buffer into geographic areas and allowing only a specified number of ASE uses (or acres used for ASE operations) in each geographic area. 4. Consider adding only those uses proposed to be permitted by right or with a special use permit in the Rural Buffer (those uses listed in Table 2 of Attachment 3). a. Rezoning property to the ASE -CZ conditional zoning district would not be allowed in the Rural Buffer unless the three local governments decided at a later date to allow this type of zoning in the Rural Buffer. 5. Consider removing additional uses from the ASE -CZ zoning district, as it would be applicable in the Rural Buffer (e.g., remove additional uses from Table 3 of Attachment 3). 6. Some combination of the options above. FINANCIAL IMPACT: There is no financial impact in discussing the proposed amendments and providing feedback to staff. RECOMMENDATION(S): The County Manager recommends that the Boards discuss the topic and provide feedback to staff. Attachment 1 A motion was made by Alderman Haven - O'Donnell, seconded by Alderman Slade, that this resolution be approved. RESOLUTION AMENDING THE JOINT PLANNING LAND USE PLAN AND JOINT PLANNING AGREEMENT TO ALLOW FOR THE POSSIBILITY OF LOCATING APPROPRIATE LOW INTENSITY AGRICULTURAL SUPPORT ENTERPRISES IN THE RURAL BUFFER LAND USE CLASSIFICATION WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement originally dated September 22, 1987 and amended from time to time, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions, and WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Within the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, amendments to the Joint Planning Land Use Plan and Agreement are necessary prior to Orange County adopting the aforementioned Comprehensive Plan and Unified Development Ordinance amendments, and WHEREAS, a joint public hearing regarding the proposed Joint Planning Land Use Plan and Agreement amendments was held on March 27, 2014, in accordance with the requirements of the Joint Planning Agreement. NOW THEREFORE, the Carrboro Board of Aldermen hereby resolves that the Joint Planning Land Use Plan and Agreement be amended as shown on the attached pages. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends approval of all but four (i.e. Agricultural Processing Facility, Microbrewery w/Major Events, Winery w/Major Events, and Assembly Facility Greater than 300 Occupants) of the proposed agricultural support uses contained in the draft ordinance modifying the Orange County Unified Development Ordinance that may only be enacted after the amendments to the Joint Planning Land Use Plan and Joint Planning Agreement have been approved. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that the Agricultural Preservation Board, the County's appointed agricultural advisory board be given the opportunity to comment on rezoning and land use permits related to ASE in the Rural Buffer. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen recommends that reuse of existing farm buildings, especially those 50 years or older, into new agricultural support K M enterprises, be encouraged by including in the draft ordinance provisions a mechanism for reducing or waiving the 100 -foot property line setback requirements that would otherwise apply to such new enterprises. BE IT FURTHER RESOLVED that the Carrboro Board of Aldermen requests that an update on Agricultural Support Enterprises be provided annually at a joint public meeting of the parties to the Joint Planning Agreement. BE IT FURTHER RESOLVED that the Joint Planning Agreement shall also be amended to include a new subsection 1.3 (D) Effective Date and Duration, to read as follows: The Agricultural Support Enterprises amendments to the Joint Planning Land use Plan and Joint Planning Agreement aproved on , shall expire by their own terms six years from their effective date and shall be deleted from the Joint Planning Area Land Use Plan and Joint Planning Agreement, respectively, on that date, provided that, these amendments shall not expire or be deleted from the JPALUP if the governing bodies of Orange County, Chapel Hill, and Carrboro each adopts a resolution expressing that governing body's desire that these amendments remain a part of the specified documents. Such resolutions may be adopted not sooner than five and one -half years and not later than six years following_ the effective date of the subject amendments. BE IT FURTHER RESOLVED that the amendments to the Joint Planning Land use Plan and the Joint Planning Agreement described above and indicated on the attached pages shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro. BE IT FURTHER RESOLVED that any amendments to the County's Unified Development Ordinance that rely upon the attached amendments to the Joint Planning Area Land Use Plan or the Joint Planning Agreement in order to achieve the consistency with the Joint Planning Area Land Use Plan that the County requires, shall include provisions establishing g that (i) such amendments to the County's UDO shall expire by their own terms if and on the date that the amendments to the JPALUP and the JPA expire as provided herein, and (ii) if the amendments to the UDO so expire, then any development or use for which a building permit was issued or that otherwise obtained a vested right during the period period when those amendment were in effect (and that could not have been aproved but for those amendments) shall be treated as a permissible use, rather than a nonconforming use. This the 14th of October, 2014 The motion carried by the following vote: Aye: Mayor Lavelle, Alderman Haven - O'Donnell, Alderman Chaney, Alderman Seils, Alderman Gist, Alderman Slade and Alderman Johnson Absent: Alderman Seils 1, Ca(herine C. Wflson, Toym Clerk for dic Town of Carrboro, NC do 'hereby cerlify that the fiorx:going is a true wed cmeo copy of a rewlution adopted by the C'aryboro Board ofAldermen, 0 PO 1 Town Clerk R4 1911 1 1 Attachment 2 Proposed by Orange County prior to 10 -14 -14 Board of Aldermen meeting FINAL PARAGRAPHS IN RESOLUTION APPROVING CHANGES TO JPALUP AND JP AGREEMENT BE IT FURTHER RESOLVED that the amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill, and Carrboro for a five year term. These shall ^ ^ by theiF Prior to expiration of this five year term the governing bodies of Orange County, Chapel Hill, and Carrboro shall conduct a joint review of these amendments to determine the effectiveness of the amendments. Should the governing bodies of Orange County, Chapel Hill, and Carrboro determine the Amendments have not had the desired effectiveness the governing bodies may amend the JPALUP and the JPA to remove the amendments. BE IT FURTHER RESOLVED that any amendments to the County's Unified Development Ordinance that rely upon the attached amendments to the Joint Planning Area Land Use Plan or the Joint Planning Agreement in order to achieve the consistency with the Joint Planning Area Land Use Plan that the County requires, shall include provisions establishing that (i) such amendments to the County's UDO shall expire theiF ewR +^ " m-s of ^"- ^A the date + " ^+ if the governing bodies amend the +"^ ^ Ad -mepts to th JPALUP and the JPA expiFe as pFevidledl #eremp to remove the amendments; and (ii) if the amendments to the UDO so expire, then any 7 development or use for which a building permit was issued or that otherwise obtained a vested right during the period when those amendments were in effect (and that could not have been approved but for those amendments) shall be treated as a permissible use, rather than a nonconforming use. Land Uses in the Rural Buffer Attachment 3 $ This information has been compiled to help people see which land uses are currently allowed in the Rural Buffer and which are proposed to be added as part of the ASE (Agricultural Support Enterprises) proposal. The purpose of this information is to help users see the exact types of uses that are already allowed in the Rural Buffer and to be more clear about which uses are being added. Table 1: Uses Currently Allowed in the RB (Rural Buffer) General Use Zoning District (not proposed for change, included here for educational /informational purposes) Use Type of Use Type of Approval* Approval* Riding Stables SUP -B Buildings, Portable SUP -B Center in a Residence for 3 to 12 By Right Temporary Mobile Home (Custodial SUP -B Children Care) Child Care Facilities SUP -B Temporary Mobile Home (use during By Right construction of permanent residence) Schools: Elementary, Middle & SUP -A Bus Passenger Shelter By Right Secondary Universities, Colleges & Institutes By Right Elevated Water Storage Tanks SUP -B Bed & Breakfast By Right Public Utility Stations & Sub - Stations, SUP -A Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants Greenhouses (No On Premise Sales) By Right Electric, Gas, and Liquid Fuel SUP -B Transmission Lines Kennels, Class II SUP -B Water & Sanitary Sewer Pumping By Right Governmental Facilities & Office By Right Solar Array — Large Facility SUP -B Buildings Governmental Protective Services By Right Solar Array — Public Utility SUP -A (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments Botanical Gardens & Arboretums By Right Landfills (2 Acres or More) SUP -A Camp /Retreat Center SUP -B Landfills (Less Than 2 Acres) SUP -B Parks, Public & Non - Profit By Right Accessory Uses By Right Recreational Facilities (Non- Profit) SUP -B Airports, General Aviation, Heliports, SUP -A S.T.O.L. Golf Course SUP -A Cemetery SUP -B Dwelling: Mobile Home By Right Church By Right Dwelling: Single Family By Right Clubs or Lodges; Social, Fraternal or By Right Union Clubhouses Dwelling: Two - Family By Right Community Center SUP -B Family Care Home By Right Historic Sites Non - Residential /Mixed Use SUP -A Group Care Facility SUP -B Kennels, Class I By Right Telecommunication Tower — Stealth (75 By Right feet or shorter) Telecommunication Towers (Over 75 feet SUP -B and under 200 feet Telecommunication Towers (200 feet SUP -A and higher) ^: Ordered as they appear in the Table of Permitted Uses (Section 5.2.1 of the Unified Development Ordinance) *: SUP -A = Class A Special Use Permit; SUP -B = Class B Special Use Permit Updated October 21, 2014 to show uses recommended for deletion by Town of Carrboro (only Table 3 is affected). Table 2: Uses Proposed to be Added to the RB (Rural Buffer) General Use Zoning District Use Type of Approval* Use Type of Approval* Agricultural Processing Facility, Community By Right Winery with Minor Events SUP -B Community Farmers Market By Right Microbrewery, production only SUP -B Cooperative Farm Stand By Right Winery, production only SUP -B Meat Processing Facility, Community By Right Rural Heritage Museum SUP -B Non -Farm Use of Farm Equipment By Right Rural Special Events By Right Microbrewery with Minor Events SUP -B Assembly Facility Less Than 300 Occupants Farm Equipment Rental, Sales, and Service *: SUP -A = Class A Special Use Permit; SUP -B = Class B Special Use Permit Table 3: Uses in the proposed ASE -CZ conditional zoning district that could be applied for in the Rural Buffer and that are not currently allowed in the Rural Buffer Use Use Use ogFOG6114ral oreres Rural Guest Establishment: Bed & Breakfast Inn Microbrewery, production only Agricultural Processing Facility, Community Rural Guest Establishment: Country Inn Winery, production only Agricultural Services Uses Country Store Veterinary Hospitals Cold Storage Facility Garden Center with On Premise Sales Veterinary Clinic Community Farmer's Market Metal Fabrication Shop Veterinary Clinic, mobile Composting Operation, no grinding Microbrewery with Minor Events Guest Ranch Cooperative Farm Stand MiGFGbFe ,or„ With Major Events Assembly FaGili+„ Greater than, 2nn Equestrian Center Storage of Goods, Outdoor Assembly Facility Less Than 300 Occupants Farm Equipment Rental, Sales, and Service Taxidermy Rural Heritage Museum Farm Supply Store Winery with Minor Events Rural Special Events Feed Mill WiReF„ With M4jGr � Greenhouses with On Premise Sales Meat Processing Facility, Community Non -Farm Use of Farm Equipment c +riUg" text shows uses recommended for deletion by the Town of Carrboro Updated October 21, 2014 to show uses recommended for deletion by Town of Carrboro (only Table 3 is affected). 10 Table 4: Uses in the proposed ASE -CZ conditional zoning district that could be applied for in the Rural Buffer and that are currently allowed in the Rural Buffer Use Use Use Stables, Commercial Telecommunication Tower — Stealth Water & Sanitary Sewer Pumping (75 feet or shorter) Rural Guest Establishment: Bed & Telecommunication Towers (Over 75 Solar Array — Large Facility Breakfast feet and under 200 feet) Kennels, Class I Telecommunication Towers (200 feet Solar Array — Public Utility and higher) Kennels, Class 11 Buildings, Portable Accessory Uses Botanical Gardens & Arboretums Temporary Mobile Home (Custodial Church Care) Camp /Retreat Center Temporary Mobile Home (use during Clubs or Lodges; Social, Fraternal or construction of permanent residence) Union Clubhouses Parks, Public & Non - Profit Elevated Water Storage Tanks Community Center Dwelling, Mobile Home Public Utility Stations & Sub - Stations, Historic Sites Non - Residential /Mixed Switching Stations, Telephone Use Exchanges, Water & Sewage Treatment Plants Dwelling, Single Family Electric, Gas, and Liquid Fuel Transmission Lines Updated October 21, 2014 to show uses recommended for deletion by Town of Carrboro (only Table 3 is affected).