HomeMy WebLinkAboutAgenda - 06-02-2015 - 6gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2015
Action Agenda
Item No. 6 -g
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SUBJECT: Comprehensive Plan and Unified Development Ordinance Amendment Outline
and Schedule — Public Hearing Process Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
Amendment Outline for Revisions to the
Public Hearing Process
INFORMATION CONTACT:
Perdita Holtz, Planner III, 919 - 245 -2578
Craig Benedict, Planning Director, 919-
245 -2592
PURPOSE: To consider and approve process components and schedule for an upcoming
government- initiated amendment to the Unified Development Ordinance (UDO).
BACKGROUND: As a result of discussion at the May 12, 2015 BOCC work session, an item to
consider revisions to the existing public hearing process used for Comprehensive Plan, UDO,
and Zoning Atlas amendments and for Class A Special Use Permits is currently being prepared
by Planning staff for the September 2015 Quarterly Public Hearing. Revisions are expected to
include the following:
• Have two separate processes in the UDO Procedures article for legislative decisions and
quasi - judicial decisions. Processes are proposed to be similar with minor differences to
reflect the different legal requirements.
• Have the Planning Board make a recommendation prior to the formal public hearing.
This will also create an additional opportunity for public input and will notify nearby
residents earlier in the process as notices will be mailed and signs will be posted
advertising the Planning Board meeting.
• Expect the Planning Board to attend the formal public hearing, but not require a quorum
of the Planning Board in order to hold a public hearing.
• Create the possibility for the BOCC to have options to decide sooner or later depending
on the proposal.
• For legislative items, end the requirement of having only written comments after the
public hearing.
• No increase in the number of public hearings at this time (e.g., keep the Quarterly Public
Hearings).
• Amend the Planning Board's Rules and Procedures to add the following responsibility to
the Planning Board Chair /Vice Chair positions:
o attend Quarterly Public Hearings
• attend BOCC meetings when a decision is being made on items the Planning
Board has reviewed
• Evaluate the new processes after 1 year by presenting a report (note this will not be
written into the UDO text amendment but can be part of the adopting Ordinance in the
"Whereas" statements).
The attached Amendment Outline Form includes information and the proposed
process /schedule for the proposed amendments.
FINANCIAL IMPACT: See Financial Impact included in the attached Amendment Outline.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline and direct staff to proceed accordingly.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2015 -09
Revisions to Public Hearing Process
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: ---
To- - --
❑ Zoning Map-
From - - - -
To: - - -
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s)-
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s). _1.6.2, 2.1 2.3, 2.7, 2.8, and 5.10.2
❑ Other: Planning Board Rules of Procedure to require that the Planning Board
Chair (or Vice -Chair in Chair's absence) attend quarterly public hearings
and BOCC meetings at which a decision is scheduled for items on which
the Planning Board has made a recommendation.
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• Purpose /Mission
To consider revisions to the current public hearing process for Comprehensive Plan,
Unified Development Ordinance, and Zoning Atlas amendments. The current public
hearing process is comprised of joint quarterly public hearings with the Planning
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M
Board and BOCC, which requires a quorum of both Boards.
County staff and elected officials received comments during development of the
Comprehensive Plan (2008) and Unified Development Ordinance (2011) about the
perceived need to streamline and speed up decisions on applications.
• Analysis
This topic was discussed extensively in 2014, after being heard at the September
2014 quarterly public hearing. The public hearing for the amendments, as proposed
in 2014, was closed in November 2014 when it became apparent that the proposal
would change significantly enough to require another public hearing. The topic was
recently discussed at the May 12, 2015 BOCC work session. Work session materials
include links to prior materials and are available
at: _ http:// www .oranecount�nc.ov /150512.pdf.
Additional analysis will be part of the quarterly public hearing materials.
• Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
• New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
June 2, 2015
b. Quarterly Public Hearing
September 8, 2015
c. BOCC Uadates /Checkpoints
May 12, 2015 — work session
July 1, 2015 — Planning Board ORC (agenda materials are available to all
interested persons)
November 5. 2015 — receive Plannina Board recommendation and make decision
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
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Orange County ordinance requirements.
a. Planning Board Review:
Amendments proposed in 2014 were discussed extensively by the Planning
Board at its meetings in October, November, and December 2014. This
discussion forms the basis of the 2015 proposed amendments.
July 1, 2015 — ORC (Ordinance Review Committee)
October 7, 2015 - recommendation
b. Advisory Boards:
c. Local Government Review:
Proposed text amendments will be
sent to JPA partners prior to the public
hearing, in accordance with the JPA
Agreement.
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to 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 FY2015 -16 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
If adopted, the amendments would change the existing process used by Orange County
to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas
amendments.
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E. SPECIFIC AMENDMENT LANGUAGE
Will be part of quarterly public hearing materials.
Primary Staff Contact:
Perdita Holtz, AICP
Planning Department
919- 245 -2578
pholtz @orangecountync.gov