The URL can be used to link to this page

Home My WebLink AboutAgenda - 04-07-2015 - 6gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 7, 2015 Action Agenda Item No. 6 -g SUBJECT: Unified Development Ordinance (UDO) Amendment Outline and Schedule for the May 2015 Quarterly Public Hearing DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Amendment Outline for Rezoning of Ashley Moncado, Planner II, 919-245 - Property at Corner of US Highway 70 2589 and Frazier Road (UDO /Zoning 2015- Michael Harvey, Planner III, 919 -245- 03) 2597 Craig Benedict, Planning Director, 919- 245 -2592 PURPOSE: To consider and approve process components and schedule for a government initiated Zoning Atlas amendment for the May 2015 Quarterly Public Hearing. BACKGROUND: In early February 2015, the Orange County Planning and Inspections Department received a non - residential site plan for a parcel, currently zoned as Rural Residential (R -1) and located at the corner of US Highway 70 and Frazier Road. The parcel is also located within the Efland- Cheeks Highway 70 Overlay District (ECOD). The ECOD had anticipated some commercial nodes within the corridor, such as this intersection. Due to the parcel's location within the ECOD and based on existing standards contained in the Orange County Unified Development Ordinance (UDO), the proposed non - residential use would be classified as a "permitted use" in the R -1 Zoning District and would be required to follow Section 2.5, Site Plan Review. However, concerns were recently presented to Planning Staff by the County Attorney's Office regarding existing language contained in the UDO and consistency with State Statute regarding zoning overlay districts. Based on these concerns, the parcel would require a rezoning from Rural Residential (R -1) to Neighborhood Commercial (NC -2) in order to accommodate and permit the non - residential development proposal for this parcel. Text amendments to the ECOD standards are also necessary and are being prepared as a separate action for the September 2015 Quarterly Public Hearing. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2014 -15 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. RECOMMENDATION(S): The Manager recommends the Board approve the attached Amendment Outline form and direct staff to proceed accordingly. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning- 2015 -03 Rezoning of Property at Corner of US Highway 70 and Frazier Road A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map- From- To- F1 Zoning Map: From: Rural Residential (R -1) To: Neighborhood Commercial (NC -2) ❑ Other: Text Amendments ❑ Comprehensive Plan Text- Section(s)- ❑ UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes Section(s): ❑ Other: 0 1. Purpose /Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated an amendment to the Zoning Atlas to rezone a parcel of property (PIN# 9835 -40 -3691) located at the northwest corner of US Highway 70 and Frazier Road from Rural Residential (R -1) to Neighborhood Commercial (NC -2). This rezoning includes one parcel totaling approximately 4 acres and is located within the Cheeks Township. A map of the parcel is included at the end of this form. K In 2007 the County adopted the Efland- Cheeks Highway 70 Corridor Overlay District (ECOD), the purpose of which was to allow for additional non - residential development within a pre- defined area along US Highway 70. This district contained a pre- designated commercial area where residential properties were allowed to develop non - residential land uses consistent with the permitted and special uses outlined for the Neighborhood Commercial (NC -2) general use zoning district. This overlay district was an attempt to implement various recommendations and policy initiatives adopted as part of the County's Efland- Mebane Small Area Plan. In early February 2015, the Orange County Planning and Inspections Department received a non - residential site plan application for the parcel located at the corner of US Highway 70 and Frazier Road and currently zoned as Rural Residential (R -1) and is within the ECOD. Due to the parcel's location within the Efland- Cheeks Highway 70 Corridor Overlay District and based on standards contained in the Orange County Unified Development Ordinance (UDO), the proposed non - residential use would be classified as a "permitted use" and would be required to follow Section 2.5, Site Plan Review. However, recently concerns were presented to Planning Staff by the Orange County Attorney's office identifying existing language contained in Section 4.4.4(A) of the UDO as questionable with State Statute. Specifically, the County Attorney's office does not agree that an overlay district can establish allowable uses for a parcel. As a result, the County Attorney's office determined that the parcel would need to be rezoned to NC -2 to accommodate the non - residential development proposal for this parcel. Due to the recent concerns identified by the County Attorney with existing language contained in the UDO, Planning Staff has initiated this rezoning request on behalf of the property owner. The proposed atlas amendment seeks to address the issue by rezoning the property. It should be noted that the property owner is not being asked to shoulder any financial responsibility for the amendment. In addition, the Planning Department will be pursuing a text amendment to the UDO for the September Quarterly Public Hearing to address issues with existing language contained in Section 4.4.4, Efland- Cheeks Highway 70 Corridor in order to address the concerns of the County Attorney's office and to avoid future obstacles for Orange County residents. 1. 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'. Will be available with public hearing materials. 2 M 2. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Overarching Goal: Coordination of the amount, location, pattern and designation of future land uses, with availability of County services and facilities sufficient to meet the needs of Orange County's population and economy consistent with other Comprehensive Plan element goals and objectives. Objective LU -1.1: Coordinate the location of higher intensity / high density residential and non - residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high -speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed -use zoning districts where adequate public services are available. Economic Development Overarching Goal: Viable and sustainable economic development that contributes to both property and sales tax revenues, and enhances high - quality employment opportunities for County residents. Objective ED -2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses. 3. New Statutes and Rules C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed April 7, 2015 b. Quarterly Public Hearin Mav 26. 2015 c. BOCC Uadates /Checkpoints May 26, 2015 — Quarterly Public Hearing June 16, 2015 — Receive Planninq Board recommendation d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission /Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: June 3, 2015 — Recommendation to the BOCC R b. Advisory Boards: c. Local Government Review: d. Notice Requirements This item will be included in the Quarterly Public Hearing legal ad. Prior to the public hearing, required notices will be mailed to the affected property owner and property owners within 500 -feet of the affected property. In addition, signs shall be posted on the property at least 10 days prior to the public hearing. e. Outreach: ❑ General Public: ❑ Small Area Plan Workgroup: ❑ Other: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of county services. Costs for the required legal advertisement will be paid from FY2014 -15 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS The rezoning will accomplish the intent of the "pre- designated commercial area" component of the ECOD and will allow for the location of non - residential development on the parcel. E. SPECIFIC AMENDMENT LANGUAGE Primary Staff Contact: Ashley Moncado Planning Department 919- 245 -2589 amoncado @orangecountync.gov 11 UDO / Zoning 2015 -03 6 Rezoning of Property at Corner of US Highway 70 and Frazier Road E l 4c QSubject Property Zoning 'h .rsaa,. .. Existing Water Line Parcels U U U 4 IED 2 PIN: 9835 -40 -3691 Mebane Lumber & Hardware Co. Inc. P.O. Box 160 Mebane, NC 27302 Approximately 4 acres Zoned R- 1 /ECOD Located within 10 Year Transition Area per Comprehensive Plan N O 1 in= 200�feet 0 100 � Feet 7 Orange County Planning and Inspections Brian Carson (3/23/2015)