HomeMy WebLinkAboutAgenda - 06-03-2008-4zORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2008
Action Agenda
Item No. 4"Z
SUBJECT: Zoning Ordinance Text Amendment: Planned Development Review and
Approval Procedures
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Proposed Ordinance Amendment
(text additions are in underlined text
and deletions are in strike-through
text)
2. NCGS 153A-342
INFORMATION CONTACT:
Craig Benedict 245-2592
Michael Harvey 245-2607
PURPOSE: To accept additional evidence, if any; to accept the Planning Board
recommendation; to close the public hearing; and to adopt the proposed amendments to
several provisions contained within "Article Seven (7) Planned Development" of the Zoning
Ordinance.
BACKGROUND: Staff has determined that changes made to Chapter 153A of the NC General
Statutes during the 2005 legislative session have created a discrepancy between the County's
current Zoning Ordinance and State statutes regarding the process for placing conditions on the
approval of Planned Development ("PD") applications.
State regulations, specifically NCGS 153A-342, allows for the placement of conditions on PD
applications by the County or the petitioner but only: ` .., those conditions mutually approved
by the county and the petitioner may be incorporated into the zoning regulations or permit
requirements.'
Further, NCGS 153A-342 limits the imposition of any condition to those that are designed to
address the: ` ... conformance of the development and use of the site to county ordinances and
an ollicially adopted comprehensive or other plan and those that address the impacts
reasonably expected to be generated by the development or use of the site.'
Within the County's Zoning Ordinance, specifically "Section 7.2.4 Imposed Conditions," the
establishment of conditions on PD applications occur in the following manner:
The Board of County Commissioners may impose such reasonable conditions
upon approval of a Special Use Permit for a Planned Development District as will
afford protection of the public health, safety, and general welfare, ensure that
substantial justice is done and equitable treatment provided.
2
Section 7.2.5 Special Use Required For Each Planned Development, also references the
imposition of conditions for a PD request, specifically:
If the petition is. approved, the County Commissioners shall issue a Special Use
Permit authorizing the requested use with such reasonable conditions as the
governing body determine to be desirable in promoting public health, safety and
welfare.
In reviewing this language, staff believes that the current process requires revision in order to
be compliant with current State law. Staff proposes to amend the existing sections of the
Ordinance as proposed on Attachment 1 in order to address this discrepancy.
This item was presented at the February 25, 2008 Quarterly Public Hearing for review and
comment. There was no public comment concerning this proposal during the hearing and no
additional comments have been submitted to the Department concerning this proposal during
the Planning Board's deliberations.
FINANCIAL IMPACT: There is no direct economic impact. Staff time has been accounted for
in the departmental budget.
RECOMMENDATION: (Planning Staff): The Planning staff recommends that the BOCC adopt
amendments to the Zoning Ordinance pertaining to Planned Development review and approval
procedures.
RECOMMENDATION: (Planning Board): The Planning Board reviewed the proposed
amendment package at their May 7, 2008 regular meeting and voted unanimously to
recommend approval of the proposed amendment.
RECOMMENDATION(S): The Adminisfiration recommends that the BOCC:
1. Accept additional evidence, if any (staff will note if any has been delivered);
2. Accept the Planning Board recommendation;
3. Close the Public Hearing; and
4. Adopt the proposed amendments to the Zoning Ordinance pertaining to Planned
Development review and approval procedures.
Attachment 1 O
AMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those. sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning
Ordinance by adding (indicated by double underlined language) and deleting
(indicated by stricken through language) as follows:
Pros~osed~Amendment: Part 1
7.2.4 ese~ Conditions
The Board of County Commissioners its aaencies. or the
petitioner may +mpese r~opose such conditions upon
approval of a Special Use Permit for a Planned Development
District as will afford
1. Conformance of the development and use of the site
to County ordinances; the officially adopted Orange
County Comprehensive Plan, any adopted Small Area
Plan .relevant to the Property and any other relevant
adopted plan.
2. Those conditions that address the impacts expected
to be aenerated by the development or use of the site.
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Only those conditions mutually aareed upon by the County
and the petitioner may be incorporated into the zonina
regulations or special use permit requirements. The
etitioner shall agree in writing to all applicable conditions
rior to a final approval of the application.
Proposed Amendment: Part II
7.2.5 Special Use Required For Each Planned Development
Within the Planned Development District only those uses
authorized by Article 4 as permitted in the zoning district with
which the PD corresponds shall be permitted, and all other
requirements of the corresponding district shall be meta In
Attachment 1
addition, within a PD no use shall be permitted except
pursuant to a Special Use Permit authorized by the County
Commissioners which shall specify the use or uses
authorized as required in Article 8.8.23.
If the petition is approved, the County Commissioners shall
issue a Special Use Permit authorizing the requested use
with such T~ ;~b;e conditions as aareed uaon pursuant to
Section 7.2.4 of this Ordinance. *;~9a~~ "^'~"
.~n~ ~eiolfnro
The authorization of a Special Use Permit in any Planned
Development District for any use which is permitted only as
a "Class B" special use in the zoning district which
corresponds to the Planned Development District shall
preclude any requirement for Board of Adjustment approval
but shall be approved by the Board of County
Commissioners.
Proposed Amendment: Part I11
7.5.4 Zoning Officer's Recommendations
At such time as further conferences appear unnecessary, or
at any time on request of the applicant, the Zoning Officer
shall prepare a written report to the Planning Board and
Board of County Commissioners, containing the following
findings:
a) As to the suitability of the proposals for the general
type of PD category, the physical characteristics of
the land, and relation of the proposed
development to surrounding areas and existing
and probable future development;
b) As to relation to major roads and mass transit
facilities, utilities and other facilities and services;
c) As to the adequacy of evidence on unified control
and the suitability of any proposed agreements,
contracts, deed restrictions, sureties, dedications,
contributions, guarantees, or other instruments, or
the need for such instruments, or for amendments
in those proposed;
Attachment 1
d) As to the suitability of plans proposed or the
desirability of amendments;
e) As to the adherence to PD or general regulations
or as to desirable specific modifications in PD or
general regulations as applied to the particular
case, based on determination that such
modifications are necessary or justified in the
particular case by demonstration that the public
purposes of PD or other regulations would be met
to at least an equivalent degree by such
modifications.
Based on such findings, the Zoning Officer shall recommend
approval of the PD amendment proposed, approval
conditioned on aareed upon modifications or disapproval,
with recorded reasons therefore.
All recommended conditions or modifications shall be
reviewed and aareed upon by the applicant and the County
Board of Commissioners in accordance with the provisions
of Section 7.2.4 of this Ordinance.
Proposed Amendment: Part IV
7.5.5 Actions by Planning Board; Board of County Commissioners
Actions by ,the Planning Board and Board of County
Commissioners shall be as provided for amendments
generally. (See Article 20.) The Board of County
Commissioners may grant the application in accordance with
PD and other a~^''County regulations as provided in
Section 7.5 or may approve the application with conditions
a~aebed--a proved. in accordance with the reauirements of
Section 7.2.4, or may deny the application.
Upon motion of Commissioner ,
seconded by Commissioner ,the
foregoing Zoning Ordinance amendments were adopted this the day
of , 2008 and shall become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
0
§ 153A-342. Districts; zoning less than entire jurisdiction.
(a) A county may divide its territorial jurisdiction into districts of any number,
shape, and area that it may consider best suited to carry out the purposes of this Part.
Within these districts a county may regulate and restrict the erection, construction,
reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts
may include, but shall not be limited to, general use districts, in which a variety of uses
are permissible in accordance with general standards; overlay districts, in which
additional requirements are imposed on certain properties within one or more
underlying general or special use districts; special use districts or conditional use
districts, in which uses are permitted only upon the issuance of a special use permit or a
conditional use permit and conditional zoning districts, in which site plans and
individualized development conditions are imposed.
(b) Property may be placed in a special use district, conditional use district, or
conditional district only in response to a petition by the owners of all the property to be
included. Specific conditions applicable to the districts may be proposed by the
petitioner or the county or its agencies, but only those conditions mutually approved by
the county and the petitioner may be incorporated into the zoning regulations or permit
requirements. Conditions and site-specific standards imposed in a conditional district
shall be limited to those that address the conformance of the development and use of the
site to county ordinances and an officially adopted comprehensive or other plan and
those that address the impacts reasonably expected to be generated by the development
or use of the site.
A statement analyzing the reasonableness of the proposed rezoning shall be prepared
for each petition for a rezoning to a special or conditional use district, or a conditional
district, or other small-scale rezoning.
(c) Except as authorized by the foregoing, all regulations shall be uniform for
each class or kind of building throughout each district, but the regulations in one district
may differ from those in other districts.
(d) A county may determine that the public interest does not require that the
entire territorial jurisdiction of the county be zoned and may designate one or more
portions of that jurisdiction as a zoning area or areas. A zoning area must originally
contain at least 640 acres and at least 10 separate tracts of land in separate ownership
and may thereafter be expanded by the addition of any amount of territory. A zoning
area may be regulated in the same manner as if the entire county were zoned, and the
remainder of the county need not be regulated. (1959, c. 1006, s. 1; 1965, c. 194, s. 2;
1973, c. 822, s. 1; 1985, c. 607, s. 3; 2005-426, s. 6(b).)
G.S. 153A-342 Page 1