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HomeMy WebLinkAboutAgenda - 06-03-2008-5b1aAttachment One A (1-A): Planning Staff Analysis and Recommendations -Rezoning BUCKHORN VILLAGE PLANNED DEVELOPMENT -STAFF RECOMIVIENDATION: I. REZONING -ARTICLES TWENTY (20) AND SEVEN (7): REZONING SECTION -OUTLINE: This Section is broken down as follows: 1. Staff background and comment: 2. Staff Recommendation -Rezoning Petition: 3. Staff justification for recommendation: Pages one (1) through four (4) Page four (4) Pages four (4) through twelve (12), and 4. Explanation of Planning Board action: Page twelve (12) APPLICANT REQUEST: The applicant is requesting that the property(s) be rezoned: FROM: Economic Development District (I-85/Buclchron Road EDD) TO: Buckhorn Village Planned Development -Economic Development District (BVPD-ED) ( STAFF BACKGROUND AND COMMENT: The processing of the rezoning request is handled in accordance with the provisions of Article Twenty (20) Amendments of the Ordinance. As part of the review of this request, the Zoning Officer is required to cause an analysis to be made of the application, and based upon that analysis, prepare a recommendation for consideration of the request to the Plamiing Board and Board of County Commissioners. Additionally Article Twenty (20) of the Ordinance and North Carolina General Statutes, specifically 153A-341, requires that the review of any and all Zoning Atlas and/or Text amendments by the Planning Board include written comments on the consistency of the proposed amendment with the Orange County Comprehensive Plan and any other relevant plans (i.e. Small Area Plan, a corridor plan, a transportation plan, etc.) that have been adopted by the governing board. Further, as this is a Planned Development rezoning request, the staff is required to make a recommendation on the appropriateness of the request based on criteria outlined within Section 7.5.4 Zoning Officer's Recommendations, specifically: (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; 2 (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; (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. Subsections (d) and (e) address elements of the proposal that are connected with the review of the Special Use Permit portion of the application. As a result they will be outlined with that portion of this recommendation. The plalming board is required by statute to advise and comment on whether the proposed amendment is consistent with the County's adopted Comprehensive Plan and any other officially adopted plan(s) that are applicable. The planning board is also required by statute to provide a written recommendation to the BOCC that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the planning board that a proposed ~- amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the BOCC. It should be remembered that a negative finding by .the Planning Board does not preclude the BOCC from adopting the .amendment. Prior to adopting or rejecting any zoning amendment, the BOCC is required to adopt a statement describing whether its action. is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest. CHART, TABLE OR DEMONSTRATION: The following chart outlines the submittal requirements for a rezoning request: ORDINANCE REQUII2EMENT COMMENT: Section 20.2: Amendment Initiation: An On December 21, 2007 Buckhorn Road Associates LLC submitted an amendment to this Ordinance may be application requesting the rezoning of the subject property as detailed initiated by: herein. 1) The BOCC, 2) Planning Board, 3) Application by any person or agency Section 20.3.1: Application submitted to The. application contained all submittal requirements, including the Zoning Officer: Three (3) total copies correct number of copies, and the appropriate fee per the adopted are submitted to the Zoning Officer for Orange County Fee Schedule. processing Section 20.3.1: Zoning Officer to verify The Planning Director reviewed the applications and determined, if application is deemed to be complete through an official letter dated January 7, 2008, that the application was and notify applicant of an accepted, or deemed to be complete in accordance with the various provisions of the rejected, application. Ordinance. ' Section 20.3.2: Contents of Application: Rezoning applications are required to contain the following information, if they are applicable to the request: a) A fully dimensioned map at a A fully dimensioned map and legal description was contained within scale of not less that one hundred the submitted application (100) feet to the inch showing the land which would be covered by the proposed Zoning Atlas amendment, and a legal description of the land. b) Amendments to the Zoning This provision is not .applicable. The applicant is not proposing to Ordinance text are required to amend existing regulatory standards. provide a copy of the text provision that the applicant The proposed `design solutions' are only intended to impact the proposed to amend and a written development of this project consistent with the rezoning request. They statement describing in detail the are handled under the review of the Special Use Permit portion of the changes that the applicant application. proposed to make c) A request to amend the Zoning This provision is not applicable. The applicant is not alleging an error Atlas and/or text to correct an in either the Zoning Atlas or Ordinance. error shall be accompanied with an explanation demonstrating how the error occurred. ' 4 d) That changing conditions in the This provision is not applicable. The applicant is not alleging that this area or in the County generally change is being necessitated due to changing conditions in the County makes the Zoning atlas and/or or that the request is based on a public welfare need. text amendment reasonably necessary to the promotion of the public health, safety, and general welfare. e) The manner in which the The application, specifically Chapter One (1) Introduction (pages one proposed Zoning Atlas (1) through nine (9) of the application) contain an explanation of how amendment request will `carry the request is consistent or carries out the intent and purpose of the out the intent and purpose of the adopted Comprehensive Plan adopted Comprehensive Plan, or part thereof `. f) A traffic impact study as The application includes a Traffic Capacity Analysis completed by required by Article Thirteen (13) ARCADIS, an engineering firm based out of Raleigh, North Carolina, within Appendix D as required by Article Thirteen (13) of the Zoning Ordinance. g) All other circumstances, factors, The application contains various rationales for justifying the submitted and reasons that the applicant request offers justifying the request. STAFF RECOMMENDATION -REZONING PETITION: Per Section 20.3.3 and Section 7.5.4 subsections (a), (b) and (c) of the Ordinance, staff recommends APPROVAL of the rezoning request upon the following findings: I. Staff has determined that the applicant has complied with all applicable submittal requirements as detailed within Section 20.3.2 of the Ordinance for the submission of a rezoning request, specifically: a. Per Section 20.3.2 (a) of the Ordinance the applicant provided: a .fully dimensioned map at a scale of not less than one hundred feet to the inch showing the land which would be covered by the proposed Zoning Atlas amendment, and a legal description of the land', A map, to .the required scale, and a legal description of the land subject to the rezoning request were submitted as part of the application package. b. Per Section 20.3.2 (e) of the Ordinance the applicant provided: `The manner in which the proposed Zoning Atlas amendment and/or Zoning Ordinance text amendment will carry out the i~atent and purpose of the adopted Comprehensive Plan or part thereof'. 5 The narrative of the application details how the rezoning request is consistent with the overall intent and purpose of the existing zoning district and Comprehensive. c. Per Section 20.3.2 (f) of the Ordinance the applicant provided: ` A Traffic bnpact Study as required by Article 13'. The study is contained within the application, specifically Appendix D, The Orange County Growth Management System. d. Per Section 20.3.2 (g) of the Ordinance the application provided: `All other circumstances, factors, and Yeasons which the applicant offers in support of the proposed Zoning Atlas and/or Zoning Ordinance text amendment. As previously indicated, the application contains various `circumstances, factors, and reasons' submitted by the applicant offered in support of the requested rezoning application. 2. With respect to the required findings in Section 7.5.4 of the Ordinance: (a) As to the suitability of the proposals for the general type of PD category, the physical characteristics of the Zand, and relation of the proposed developrnerzt to surrounding areas and existing and probable future development; Staff has reviewed the application and makes the following findings: i. That the property(s) subject to the rezoning request are suitable for development as a Planned Development, ii. That the physical characteristics of the subject property(s) allow for the development of such a project, iii. That the project is similar to surrounding developments, and iv. That the project is consistent with the overall intent and purpose of the Land Use Category, as defined within the Comprehensive Plan, for the area as well as the existing Economic District zoning designation (b) As to relation to major roads and mass transit facilities, utilities and other facilities and services; Staff has reviewed the application and makes the following findings: i. The rezoning request would allow for the development of property(s) that are properly situated and located to be served by existing major roads and mass transit facilities, ii. That the rezoning request is for property(s) that is located in an area where the necessary utility infrastructure is available to support the proposed development. 6 (c) As to the adequacy of evidence on unified control and the suitability of any j proposed agreements, ,contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; Staff has reviewed the application and mares the following findings: i. That the rezoning application contains sufficient documentation indicating that .the development will be under unified control guaranteeing the development of the property consistent with the proposed rezoning. In rendering this decision, staff relied on the following: (a) Staff has determined that the rezoning request is consistent with the adopted Growth Management System. In 2003 the Orange County Board of Commissioners adopted the Growth Management System to serve as an implementation tool of the Comprehensive Plan. This system breaks the County into `Urbanizing' and `Rural' areas in an attempt to direct appropriate levels of growth throughout the region. This project is located in an area that was designated as `Urbanizing' meaning that the land is intended to be developed at urban densities and/or intensities given the possible provision of public infrastructure (i.e. water and sewer). The applicant indicates within the request, specifically Chapter Four (4) Utilities and Other Public Services (pages forty-seven (47) through forty-eight (48)) that water and sewer lines will be extended, by the developer, to serve the utility needs for the project. As these services will be provided, the rezoning request seeking to develop this property at an `urban density' is deemed to be consistent with established policies. (b) Staff has determined that the rezoning request is consistent with the Orange County Comprehensive Plan, specifically: i. The Orange County Comprehensive Plan -Section 2.6 Transportation: Buckhorn Road (SR 1114) is a State maintained road identified as a Collector road within the Comprehensive Plan. A Collector road is defined by the following criteria as outlined within .Section 2-6 Table 1 of the Comprehensive Plan: Connects local roads and residential areas to the arterial system. Complements the arterial system in forming the basic road network with any significant taff c carrying importance. Connects major generators or small towns not on the arterial system. Typically shorter in length with closer spacing than arterials interfaces with urban minor arterials or collectors Buckhorn Road serves as a north/south connector for several smaller, arterial and local roadways, to major thoroughfares within the County (i.e. Interstate 85/40). Buckhorn Road will be serving as a `compliment' to the existing ~. arterial roadway system with the area by allowing for the channeling of traffic to and from the proposed development site. Given the proposed improvements to Buckhorn Road, as detailed within the application, staff has determined that the anticipated traffic impact that would result from the approval of the rezoning application will be consistent with the standards of the Comprehensive Plan. ii. ,The Orange County Comprehensive Plan -Section 3.3 -Description of Transition Area: ~ _ Staff has verified that the property(s) subject to the rezoning request are located within a 10-Year Transition Area as delineated on the Orange County Land Use Element Map (hereafter `LUEM'). The 10-Year Transition area is defined as follows within Section 3.3 Land Use Plan Categories of the Comprehensive Plan: Land located in areas that are in the process of changing from rural to urban densities and/or intensities, that are suitable for higher densities and/or intensities, and could be provided with public utilities and services within the first 10 year phase of the Plan update or where such utilities and services are already present or planned. Non-residential uses implemented in accordance with small area plans and/or overlay districts may be appropriate. The property(s) subject to the rezoning application are located within the 10- Year Transition area as delineated on the LUEM and are located within an area that has already been designated as suitable for `urban-type' densities where it is anticipated that public. utilities and services are to be provided as further delineated within the County's Growth Management System as referenced within subparagraph (a) of this Section. iii. The Orange County Comprehensive Plan -Section 3.3 -Description of an Economic Development Activity I+tode: Staff has verified that the property(s) subject to the rezoning request are located within an Economic Development Activity Node as outlined on the LUEM. According to Section 3.3 Land Use Plan Categories, the Economic Development Activity Node is defined as: Land in Transition areas of the County which lzas been specifically targeted for economic development activity consisting of light industrial, distribution, office, service/retail uses, and flex space (Typically one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations.). Such areas are located adjacent to interstate and major arterial highways, arzd subject to special design criteria and performance standards. 8 Staff has determined that this proposal is consistent with the intended development activity as outlined within., the. Comprehensive Plan for property(s) located within the Economic Development Activity Node iv. The Orange County Comprehensive. Plan -Section 3.4 - Locational Criteria: As referenced within Section 3.4 of the Comprehensive Plan, applying Land Use Element Categories includes: `making decisions about the most appropriate distribution of land uses throughout the County'. In evaluating the specific locations for various Land Use Element Categories, including Transition Areas and Economic Development Activity Nodes, the Comprehensive Plan established various criteria to `evaluate the suitability of certain locations to contain various: land uses'. Those criteria used to established acceptable location(s) for Transition Areas were as follows: Land Slope. No significant slope or topography problem that would unreasonably increase the cost of extending water and sewer lines. HydroloQ-y. Located outside of 100 year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. Soil Conditions. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load bearing capacity for site development. Public Services/Utilities. Located in areas which are or could be reasonably and e~ciently served by centralized public services and utilities. Transportation System. Located in areas that have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdiction. Energ~Use. Located within less than a 5 minute commuting time from small-scale commercial uses and a 5-10 minute commuting time from major commercial uses or an Urban area. Existing Land Use. Located in areas which are in transition from rural or low-density uses to urban or higher density uses. Agriculture and Forestry. Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. 9 Population Density. Located in areas with moderate to high populatio~a densities. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic-cultural sites or County identified Public Interest Areas. Staff has determined that this proposed rezoning request would allow for the development of the property is a manner consistent with the rationale utilized by the County in determining the appropriate location for Transition Areas when the Comprehensive Plan was initially adopted. v. The Orange County Comprehensive Plan -Section 3.5 -Land Use Goals: Staff has detenllined that the proposed rezoning request is consistent with several existing goals and policies outlined within Section 3.5 Land Use Goals of the Comprehensive Plan, specifically: GOAL FIVE: The manageme~zt of growth so that is directed to areas where growth is desirable and can be acco~mnodated. This area, as previously indicated, is located: l . Within an identified Economic Development Activity Node, 2. Is located within a previously established water/sewer boundary service area, 3. Is adjacent to major transportation corridors (i.e. Interstate 85 and Highway 70), GOAL SIX:. The promotion of economic development which emphasizes employment meeting Zocal needs while preserving the character of communities and protecting the natural environment. Staff has determined that this proposal attempts to preserve as much of the existing topography and natural aspects of the property that aa-e feasible given the scope and size of the project. Through this proposal we also go to great lengths to maximize available open space and to include `pocket parks' throughout the project in an effort to provide green space for tenants and visitors to malce use of. vi. The Orange County Comprehensive Plan -Section 3.8 Cheeks Township Plan: Within the Comprehensive Plan there are individual township plans intended to further outline acceptable levels of development within the County. The property in question is listed within the Cheeks Township Plan as being suited for development consistent with the Economic Development Activity Node as defined herein. 10 Staff has determined that the rezoning of this property, as requested, is consistent with the Cheeks Township Plan as detailed within the C Comprehensive Plan. vii. The Orange County Comprehensive Plan -Economic Development Element: Staff has determined that .the proposed rezoning request is consistent with additional goals have been previously approved by the County, with respect to the Economic Development Element, specifically: Overarching Goal: . Viable and sustainable commercial development that contributes to both property and sales tax revenues, and enhances high-quality employment opportunities for County residents. (BOCC Principles 1, 2, and 7) Goal 1 Public-private sector partnerships that create a stronger business climate. (BOCC Principles 1, 2, 5, and 7) Goal 2 Infrastructure that supports desired development. (BOCC Principles 1, _ 2, 3, 7, and 8) Goal 3 Effective systems to train and support residents and those who work in Orange County.. (BOCC Principles 1, 2, 7, and 8) Goal 4 Partnerships that ensure the county remains a great place in which to live and work. (BOCC Principles 1-3, 7, and 8) Staff has determined that the rezoning request, if approved, will further these additional goals. 11 (c) Orange County Water and Sewer Management Planning and Boundary Agreement: Staff has determined that the proposed rezoning request is consistent with the existing Water and Sewer Management Planning and Boundary Agreement (WASMPBA) as contained in Appendix G of the Comprehensive Plan. As previously indicated this area is located within The County's Transition Area and within an Economic Development Activity Node. The area in question is also located within an identified Orange County Primary Service Area per the Water and Sewer Management Plaiu~.ing and Boundary Agreement. This agreement is between the County and various utility providers (i.e. the Town's of Chapel Hill, Carrboro, Hillsborough, the City of Mebane, OWASA, and Orange Alamance) identifying areas that will be served through public utility systems. In consultation with the County Engineer and the City of Mebane, water and sewer services can be provided to support this project. The applicant will be required to make modifications to existing service lines in order to accommodate the proposed development. This information is referenced within the applicants Utility Master Plan contained within the project narrative. Staff has determined, based on all the information referenced herein, that this area is intended for service by a public utility system and that the proposed rezoning application only allows ~ for the development of the property consistent with the established water/sewer boundary agreement. (d) Road way improvements and mass transit facilities: The application for the rezoning contains a Traffic Impact Analysis in Appendix D. This study has identified numerous roadway improvernerits that will have to be completed by the applicant prior to any commercial operation commencing on the property. The applicant is also proposing to develop buss stops facilities on the property to make the project assessable to mass transit. Staff has determined that the information is sufficient to make a positive recommendation, finding, that the project will be accessible from major roadways and have suitable access from mass transit. (e) Adequacy of evidence of unified control: Chapter Six (6) Ownership and Management of the project narrative (pages fifty- one (51) through fifty-two (52)) establish the parameters that will govern the development of this project. The applicant is proposing to establish deed restrictions on the development of the project to require compliance with all proposed design elements and standards as contained within the application. The applicant is also proposing to post any and all necessary bonds or letter of credit to ensure any required improvement to existing infrastzucture (i.e. roadway or utility improvements) will be completed in order to allow for the development of the property. 12 Given these steps, and the fact that the project will require the issuance and recordation of a Special Use Permit, staff finds that there is sufficient C documentation available demonstrating the that the proposed rezoning request will allow for the development of a project that is under unified development control. Further analysis of this provisions will be proved within the Zoning Officer's findings and recommendations concerning the issuance of the Special Use Permit. PLANNING BOARD ACTION -REZONING REQUEST: As previously indicated, the Planning Board is required to include written comments on the consistency of the proposed amendment with the Orange County Comprehensive Plan and any other relevant plans (i.e. Small Area Plan, a corridor plan, etc.) that have been adopted by the governing board. This statement is required to indicate that the proposed rezoning request is or is not consistent with an adopted comprehensive plan or other similar documents. This statement must also explain why the Plamung Board believes that the action taken is reasonable and in the public interest. In using staff's recommendation as an example, the Planning Board would vote on a motion approving the rezoning request making similar findings and conclusions. A vote recommending denial will also have to outline similar findings and conclusions justifying the rejection of the application, outlining why the denial is reasonable, and in the public interest.