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HomeMy WebLinkAboutAgenda - 08-21-2007-4uORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 21, 2007 Action Agen a Item No. SUBJECT: Land-Use Element Text Amendment - 10-Year Transition Areas DEPARTMENT: Planning Department PUBLIC HEARING: (Y/N) NO ATTACHMENTS: 1. Proposed Land Use Element Text Amendments 2. Map Depicting 10-Year Transition Areas in the County 3. Excerpt of July 11, 2007 Planning Board Minutes 4. Memo from Staff Regarding Effect of Proposed Amendment on Areas Outside of the Efland 10-Year Transition Area INFORMATION CONTACT: Craig Benedict, Director, (919) 245-2592 Perdita Holtz, Special Projects Planner, (919) 245-2611 PURPOSE: To consider adoption of text amendments to the Land Use Element regarding 10- YearTransition areas, as presented at the May 21, 2007 Quarterly Public Hearing. BACKGROUND: The existing Land Use Element definition for 10-Year Transition areas does not allow for non-residential uses in the transition areas (see attached map for location of the 10-Year Transition areas within Orange County). One of the recommendations of the adopted Efland-Mebane Small Area Plan (EMSAP) is to allow commercial development in certain areas along the Highway 70 corridor and to allow for conversion of some residential structures to office type uses. These types of uses are not permitted under the existing land use definition. The proposed text amendment would amend the definition of the "10-Year Transition" category in Section 3.3 to potentially allow non-residential uses in designated 10-Year Transition areas in accordance with adopted small area plans and/or zoning overlay districts. (See attachment for the existing and proposed definitions). Additionally, the Land Use Element's "Zoning District Matrix" in Section 4.0 would be amended to designate appropriate zoning districts for the 10- YearTransition areas. The proposed amendments are consistent with the recommendations contained in the adopted EMSAP. The amended text would also apply to the 10-Year Transition Areas in the vicinity of Hillsborough. However, the definition requires that non-residential uses would be permitted only in accordance with adopted small areas plans and/or zoning overlay districts. Therefore, until such time that these actions are completed for a specific 10-Year Transition area, applications for non-residential uses would not be consistent with the definition and, therefore, would be inconsistent with the Land Use Element. The fact that the definition requires additional implementing measures before changes could potentially occur `on the ground' is the safeguard that is built into the proposed Text Amendment. Therefore, although the 10-Year Transition Areas in the vicinity of Hillsborough are included in the overall Land Use Category text changes, there would be no actual change from what is currently permitted unless a small area plan and/or zoning overlay district were adopted for this specific area of the County. The concept is that even though various areas of the County are designated as the same Land Use Category, specific areas may have unique attributes that are addressed through the regulations that implement the Land Use Element (i.e., Zoning and Subdivision regulations). The Small Area Plan process as it relates to land use can be summarized as follows: 1. Small Area Plan is written and adopted 2. Implementing Amendments are written and adopted. Land Use Implementing Regulations normally can consist of the following: a. Land Use Element Text Amendments b. Land Use Element Map Amendments c. Zoning Ordinance Text Amendments d. Zoning Ordinance Map Amendments e. Subdivision Regulation Amendments It should be noted that a specific Small Area Plan may recommend amendments to any or all of `a' through `e' above and that there can be numerous amendments that are implemented over time as conditions become appropriate. Small Area Plans can also make recommendations to topics other than Land Use and Zoning, such as Transportation and Utility Provision. In the case of the proposed Land Use Element Text Amendments now being considered, there are other ways that the recommendations contained in the Efland-Mebane Small Area Plan could be implemented. However, those other methods would require much more extensive revisions to the Land Use Element Text and would also require revisions to the Land Use Element Map, which would be a much more extensive process than a text amendment. County staff chose to recommend that a Land Use Element Text Amendment be proposed since it could efficiently implement a recommendation contained within an adopted Small Area Plan and could also be written in such a way that there would be zero net effect on other areas of the County that are designated as the same Land Use Category. The Planning Board considered the proposed text amendment at its regular meeting on July 11, 2007. The Planning Board voted 6-3 in favor of recommending approval of the text amendment. (Planning Board vote - `Yes': Crawford, Knight, Lasris, Pelissier, Quinn, Schmitt; `No': Bryan, Goodwin, Price; Absent: Kempinski, Wegner). FINANCIAL IMPACT: There is no direct financial impact in amending the Land Use Element Text. Staff time has been accounted for in the departmental budget. RECOMMENDATION: The Manager recommends that the Board adopt the Land Use Element text amendments as presented. Attachment 1 3 PROPOSED AMENDMENTS TO THE TEXT OF THE LAND USE ELEMENT Page 3.3-2. Change 10-YEAR TRANSITION definition. Current definition: 10-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the first 10-year phase of the Pian. Proposed definition: 10-YEAR TRANSITION. 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. "Clean" Proposed Definition: 10-YEAR TRANSITION. 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. Attachment 1 4 (Section 4.1) The zoning districts applied to each of the Land Use Element categories as presented in the Land Use Element-Zoning Districts Matrix are as follows: COUNTY RESIDENTIAL TRANSITION (20-Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. The applied zoning districts include: R-1 (low-density); R-2, R-3, and R-4 (medium density); and R-5, R-8, and R-13 (high density) residential uses. COUNTY RESIDENTIAL TRANSITION (10-Year Transition). Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non-residential uses implemented in accordance with small area plans and/or overlay districts maybe appropriate. The applied zoning districts include: R-1 (low-density); R-2, R-3, and R-4 (medium density); and R-5, R-8, and R-13 (high density) residential uses, and Zoning Overlay Districts. COUNTY COMMERCIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3 (Community Commercial); GC-4 (General Commercial); OI (Office and Institutional); and ED (Economic Development). COUNTY INDUSTRIAL TRANSITION. Identifies areas changing from rural to urban in form and density. A full range of industrial activities would be appropriate and allowed. The applied zoning districts include: I-1 (Light Industrial); I-2 (Medium Industrial); I-3 (Heavy Industrial); and ED (Economic Development). CHAPEL HILL AND CARRBORO TRANSITION. On November 2, 1987, a Joint Planning Agreement was adopted by Orange County and the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans prepared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County-Chapel Hiil-Carrboro Joint Planning Land Use Plan. Reference should be made to the appropriate municipal ordinance and zoning map for a description of the districts and applicable development standards. Under the terms of the Joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible for permit administration within their respective Transition Areas. RURAL BUFFER. Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL. Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R-1 (low density) Residential). ~,~ Attachment 1 5 AGRICULTURAL RESIDENTIAL. Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). RURAL COMMUNITY ACTIVITY NODE. Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial). RURAL INDUSTRIAL. Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is I-1 (Light Industrial). PUBLIC INTEREST AREA. These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). ECONOMIC DEVELOPMENT ACTIVITY NODE: Identifies areas in Transition areas of the County which have been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning district is ED (Economic Development). 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LAND USE ELEMENT TEXT AMENDMENT -10-YEAR TRANSITION AREAS Presenter: Perdita Holtz Perdita Holtz: Reviewed amendment. Craufurd Goodwin: Is it necessary to do this in advance of the Comprehensive Plan or can we wait? Perdita Holtz: The reason we are doing this in advance is that the Efland- Mebane plan has been adopted and since the whole comprehensive plan process was derailed, there is desire to move forward on the adopted small area plan. Renee Price: Why can't it happen in the Efland Mebane Small area only? Perdita Holtz: The Land Use Element designates the area as a 10-year transition area so we need to modify the definition because only residential uses are allowed now. The definition would apply to any 10-year transition area of the County. We have written the language so that it applies but you have the other implementing regulations before you could actually do anything. We feel it is a good way to protect the areas around Hillsborough from unintended non- residential uses. Jeffrey Schmitt: What do you mean by protect? Perdita Holtz: Renee had a concern at the Quarterly Public Hearing that she feels that it would allow non-residential uses around Hillsborough which is not the case unless there was a small area plan adopted for the 10-year transition area around Hillsborough and implementing regulations were adopted. Renee Price: Why can't you do it the other way around? Perdita Holtz: It would require an amendment to the Land Use Element map. Renee Price: It is going to change any way. Perdita Holtz: In the next year or so. Attachment 3 9 Renee Price: Why can't the Small Area Plan (SAP) supersede the 10 year transition which doesn't exist anyway and just forget the 10 year transition area? Perdita Holtz: The County has an adopted Land Use Element that designates it as a 10 year transition area Orange County tries to make decisions consistent with the Land Use Element. Renee Price: Why can't the SAP be an overlay to that area? Perdita Holtz: It would still require a modification to the Land Use Element map and the decision was made to not go that route since there are going to be modifications to it in the next year. The language is such that unintended consequences are not expected to occur because you have to have zoning implementing regulations to allow any type of non-residential use. Renee Price: Is there any reason we can't sunset this whole phase of a 10 year transition area? Perdita Holtz: I have a feeling it will be a sunset as part of this whole Comprehensive Plan Update. Renee Price: You still want us to change the definition within that category. Brian Crawford: Is there a definition for a SAP in the Land Use Element? Perdita Holtz: No Craufurd Goodwin: Is it going to be easier to allow our neighbors to open a gas station? Perdita Holtz: No. Not in Hillsborough. There will not be zoning regulations adopted for the Hillsborough area that will allow that to happen. It will remain as it is now. Craufurd Goodwin: That is for the Town of Hillsborough. Perdita Holtz: Transition areas are zoned by the County and ETJ's are zoned by the town. Renee Price: The process is backward and it is too related to other things we are trying to do. Perdita Holtz: What are your ideas to rectify your concerns? Attachment 3 10 Renee Price: I think the notion of 10-year transition should go away and be eliminated. We are trying to make a vision for Efland-Mebane, which I think is fine, but what if what we propose now has nothing to do with where things would be later with zoning categories. Perdita Holtz: The Land Use Element definition would change but there would be no way that someone outside the overlay district could apply for something non-residential. Jay Bryan: There is a difference opinion or concern about these issues. If we did not approve this, how long would it take the Efland Mebane plan to be implemented in a way that allows what has been recommended to occur? Perdita Holtz: If the Planning Board recommends non-approval, it would go to the Board of County Commissioners anyway. If they voted it down, we would work with County Management to see how they want to proceed. We may be able to do a map amendment. Craig Benedict: At the August meeting, we will discuss some of these implementing items that are part of the Efland Mebane SAP that will be on the August Quarterly Public Hearing. Let us try to plot out some options. I think you could make a decision tonight on this issue but give us same time to sketch out our thought process. Jay Bryan: Could you create a transition area with its own definition for Efland Mebane area? Perdita Holtz: It would require a Land Use Element map amendment because the map has it as a 10 year transition area. Craig Benedict: We are suggesting a zoning overlay. Jay Bryan: I don't think that is a concern but more about the implications of other areas. MOTION made by Brian Crawford to accept the Proposed Amendments to the Text of the Land Use Element on page 69-70. Bernadette Pelissier seconded. VOTE: (6 Ayes; 3 Opposed (Jay Bryan, Renee Price, Craufurd Goodwin) Attachment 4 11 ~: - . ~ Date: August 10, 2007 To: Orange County Board of Commissioners From: Craig Benedict, AICP, Planning Director and Perdita Holtz, AICP, Special Projects Planner Subject:: Effect of proposed Land Use Element amendment on areas outside of the Efland 10-Year Transition area This memo is intended to address the concerns Planning Staff heard from a few Planning Board members regarding the effect of the proposed Land Use Element text amendment on areas outside of the Efland area 10-Year Transition Area. The Land Use Element Map designates areas in Efland-Mebane and around Hillsborough as 10-Year Transition Areas (see Attachment 2 -Map). The proposed Land Use Element text amendment is the next step in potentially allowing non- residential uses in 10-Year Transition areas (see typical process below). It is important to note, however, that the language of the proposed amendment would allow non- residential uses implemented only in accordance with BOCC adopted small area plans and/or zoning overlay districts. This means that additional implementing regulations would have to be adopted before non-residential uses would potentially be allowed in 10-Year Transition areas. The typical steps to implement planning changes are as follows: 1. Small Area Plan is written and adopted 2. Land Use Element text is amended if necessary 3. Land Use Element map is amended if necessary 4. Zoning Ordinance text is amended if necessary 5. Zoning Atlas (Map) is amended if necessary 6. Petitioner makes Application for project Even within the Efland-Mebane 10-Year Transition area, potentially allowing non- residential uses throughout the entire 10-Year Transition area is not being proposed. The Zoning Overlay District that is scheduled to be heard at the August 27, 2007 Quarterly Public Hearing includes specific boundaries for potential non-residential uses along the Highway 70 corridor, not throughout the entire area designated at 10-year Transition on the Land Use Element Map. Under current Orange County process and procedure, additional Zoning implementing regulations are necessary to potentially allow non-residential uses in any 10-year Transition area, regardless of the Land Use Element text. While Planning Staff understands the concerns that have been voiced regarding the proposed text amendments, we believe that the proposed language adequately guards against unintended changes in 10-Year Transition areas.