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HomeMy WebLinkAboutAgenda - 11-19-2007-2ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2007 Action Agenda Item No. ~~_ SUBJECT: Planned Development Zoning and Conditional Zoning District Discussion DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Table One (1) -Description of Permitting Processes 2. Table Two (2) -General Use Permitting Process INFORMATION CONTACT: Michael D. Harvey Craig Benedict Brian Ferrell (919) 245-2607 (919) 245-2592 (919) 732-2196 PURPOSE: To provide an overview to the Board of County Commissioners on the Planning Department's efforts to amend the Orange County Zoning Ordinance to implement a Conditional Zoning process. BACKGROUND: North Carolina land use law currently allows the use of two (2) types of zoning districts that allow a governing body to apply site-specific development standards for a proposed project, specifically: 1. Conditional Use Districts (CUD), which is currently reflected within the County's present Planned Development (PD) regulations contained within Article Seven (7) of the Zoning Ordinance, and 2. Conditional Zoning Districts (CZD). As the County currently has the substantial equivalent of a CUD process, staff would like to provide an explanation of the components of the CZD zoning construct. Conditional Zoning Districts (CZD): The CZD process allows for the establishment of certain uses, which, because of their nature. or scale have particular impacts on both the immediate area and the community as a whole. Through this process, a landowner presents asite-specific development plan for the County for review and requests that a specific parcel of property be rezoned to allow for the development of the proposed use. CZD involves the creation of `floating' zoning districts that can be applied in specific areas of the County based on findings, referenced approved planning studies, Small Area Plans, or the Orange County Comprehensive Plan. a The major difference between the CUD and the CZD process is that the CZD process does not require the issuance of a permit by the governing body, as is normally required under the PD process. The implementation of the CZD process provides an opportunity for the County to consider providing asingle-step legislative rezoning process when an applicant requests a rezoning of a particular parcel to a `floating' conditional use district. Planned Development/Conditional Use Districts (CUD): As previously indicated, the County currently employees a variation of the CUD permitting process within the Planned Development (PD) process contained within Article Seven (7) of the Zoning Ordinance. Through this process, a property owner requests the development of a specific use, currently listed as a permitted or special use of property within the Table of Permitted Uses of the Zoning Ordinance, on a specific parcel of property. This process requires a two (2) step approval process, specifically: a legislative rezoning approval and a quasi judicial permit approval. The current process, however, is not completely consistent with the existing Conditional Use permitting process as outlined within the NCGS. North Carolina General Statutes (NCGS) require that, through either the CUD or CZD process, specific conditions may be suggested by the owner or the government but that only those conditions mutually acceptable to both parties may be incorporated into the ordinance or individual permit involved. The NCGS also provide that any conditions or site-specific standards imposed are limited to those that address: 1. The conformance of the development and use of the site to city or county ordinances and officially adopted plans, and 2. The impacts reasonably expected to be generated from the development or use of the site. These provisions regarding conditions and standards apply to both conditional zoning and to special and conditional use district zoning. Recent work on planning studies, most notably the NC 57 Speedway Area Small Area Plan and the Agricultural Support Services manual, has indicated to staff that there may be a need to implement the CZD process within the County. Staff has also determined that there is a need to update the existing PD process in order to make it more consistent with existing State guidelines governing the use of CUD's. New Zoning Construct Organization: Staff is currently working on the following: 1. The revision of Article Seven (7) Planned Development Districts to incorporate recent changes to NCGS concerning the use of the CUD permitting process. This Article is currently proposed to be renamed `Article Seven-A (7-A) Conditional Use Districts'. 2. The creation of a new Article, Seven-B (7-B), establishing the CZD process as outlined herein. Staff intends to have the proposed amendments for formal review at the February 2008 Quarterly Public Hearing. It should be noted that the County Attorney's office reviewed a preliminary draft of a proposal to develop a CUD process back in August of 2007, but staff has not forwarded to the County Attorney's Office the new proposed Articles as referenced herein for review or comment. Staff intends the documents to be submitted by the first week of December. Staff is requesting that the BOCC accept this update as an informational item. FINANCIAL IMPACT: There is no financial impact associated with discussion of this item. RECOMMENDATION(S): The Manager recommends that the Board receive the information and provide feedback to staff. ~l Table One (1) -Description of Various Permitting Processes: Public Planning Approval of Approval of site specific Permitting Process Hearing Board Rezoning development plan Review There is no No Yes. Applicant submits a detailed . site plan providing information rezoning request showing compliance with any and Special Use Permit - Yes. Yes. associated with a .SUP application all applicable development Class A (SUP) when they are noted standards that is reviewed in a under existing zoning quasi-judicial format where decisions are based on submitted, categories. , sworn, testimony. Yes. Applications for PD approvals require Planned Development the rezoning of the Yes. PD applications also (PD) -existing Yes Yes subject property to a involve the approval of a SUP as Article Seven (7) PD designation that is outlined above approved through a Legislative process. Yes. This process is similar to Conditional Use the current method utilized by the Districts (CUD) - Yes Yes Yes, through a County to review and approved proposed new Article . . Legislative process. PD's. This process will continue Seven-A (7-A) to require the issuance of a permit by the BOCC. Yes. The major difference here is that the BOCC is reviewing and approving a site specific Conditional Zoning development plan, but is not Districts (CZD) - Yes Yes Yes through a issuing a `permit' as it does with proposed new Article . . Legislative process. a Class A SUP or a PD Seven-B (7-B) application. Staff issues the permit based on the site-specific development plan approved by the BOCC. Table Two (2) -General Use Permitting Process: Rezoning Planned Conditional Use Conditional Zoning District Development District (CUD) (CZD) Multiple List of Permitted yes Yes (1) No No Uses Specific List of No Yes (1) Yes (2) Yes (2) Allowable Uses Approval of Request Involves a Legislative Yes Yes Yes Yes Process Approval of Request Involves a Quasi judicial No Yes Yes No (3) Process Require the Development No Yes Yes (4) Yes (4) of a Concept Plan Require the Development of a Site Specific No Yes (S7 Yes Yes Development Plan Two (2) steps: Two (2) steps: approval of a approval of a Steps in Elected body One (1) step rezoning request rezoning request One (1) step review: and then approval and then approval of the SUP of the SUP NOTES: (1) Uses are allowed subject to the underlying zoning district designation (i.e. a PD in the Rural Residential One (R-1) Zoning District can develop those uses listed within Section 4:3 Table of Permitted Uses as permitted within the R-1 district), (2) The Conditional Use Permit process involves the approval of a site specific development plan, which outlines the specific uses intended for development on the subject parcel of property, (3) Conditional District rezoning only required the approval of the rezoning request and the site specific development plan by the BOCC, (4) Concept plan, in this case, references the review of the site-specific development plan. (5) As part of the Special Use Permit process asite-specific development plan is approved.