HomeMy WebLinkAboutAgenda - 05-21-2007-d1ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
WORKSESSION AGENDA ITEM ABSTRACT
Meeting Date: May 21,.2007
Action Agenda
Item No. D.1
SUBJECT: Agricultural Support Enterprises (ASE)
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) No
Economic Development
ATTACHMENT(S):
1) Outline of Proposed Manual
2) Sample User-Friendly Brochure
3) Schedule for Completing Project
4) Draft Memo to Joint Planning Partners
INFORMATION CONTACT:
Dianne Reid EDC Director 245- 2326
Craig Benedict Planning Director 245- 2592
PURPOSE: The purpose of this item is two-fold: 1) to request the Board's endorsement of
those concepts, or elements, which staff believe are key to the success of the Agricultural
Support Enterprises project and 2) to receive authorization to complete the project in
accordance with the schedule provided as Attachment 3.
BACKGROUND: At an informational session on May 28, 2002 Planning and Economic
Development staff presented the Board with a proposal to provide more business opportunities
for local farmers in the rural parts of the county. Staff identified new farm-related uses to add to
the. Zoning Ordinance and recommended existing permitting processes for farmers to obtain
approval to begin these new enterprises. Bona fide farm purposes, which are exempt from
zoning per the North Carolina General Statutes, would remain exempt.
Since that May meeting staff has continued to work on the project, seeking input from members
of the local farming community, the. Agricultural Preservation Board, the Planning Board, the
Economic Development Commission, County Farm Agency Staff, the County Attorney and
others, to address various concerns. Almost all of these concerns fall into one of three
categories: 1) can we allow these uses to occur in a way that is consistent with our Land Use
Element and zoning regulations; 2) can we allow these uses to occur without negatively
impacting neighboring properties; and 3) can we make the .process user-friendly?
Conditional district zoning appears to be the most appropriate mechanism to allow farm-related
uses with a commercial or light industrial component to occur in the rural parts of the county
without disrupting the existing residential zoning designations. Rezonings would be allowed
based on the appropriateness of a specific project to a specific community. Consistency with
the Land Use Element would eliminate the problems associated with arbitrary zoning decisions.
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Carefully crafted performance standards would control the intensity of each application, provide
for planning requirements such as on-site parking and minimize negative impacts to neighboring
properties. The proposal provides more opportunities for advisory board input and public
comment during the approval process than what currently exists, particularly for conditional
district rezoning. Staff also recommends that farmers conduct a neighborhood informational,
meeting that would provide the farmer an opportunity to explain the project to neighbors in an
informal setting.
Finally in an effort to make the application process more user-friendly staff is recommending the
creation of a new Agricultural Support Enterprises Manual. An outline is provided as
Attachment 1. Similar to the existing Economic Development District Design Manual, this
manual would provide all of the information needed to pursue these new enterprises (with
references to specific sections of the Zoning Ordinance) in a single booklet, written in
straightforward language. Staff would also prepare a series of companion brochures that would
outline the necessary steps to apply for a specific type of permit, such as a special use permit.
The key elements of the Agricultural Support Enterprises proposal are:
1) amend the Zoning Ordinance to allow conditional district zoning and develop minor
revisions to the Land Use Element where required to establish support and/or
consistency;
2) prepare clear performance standards; and
3) create the ASE Manual
The review of the specific ordinance amendments, however, will be complex and extensive
because of the interlinking nature of the different requirements. Staff would like to be sure .that
the Board has sufficient time to review and discuss the proposed materials prior to
consideration for formal adoption. If the Board wishes to review all of the specific amendments
it may wish to consider holding special work sessions. Members may also consult the
forthcoming ASE Manual for information.
At this time, staff is recommending excluding the Rural Buffer from this proposal until the
County's joint planning partners agree to the program. The draft memorandum, included as
Attachment 4, is designed to introduce the project and begin a dialogue about the future of the
Rural Buffer.
This initiative remains an important part of the County's effort to preserve farmland and farming
as a viable economic pursuit. The economic development aspect of farming has become so
important to the survival of local farms that the county has hired an Agricultural Economic
Development Coordinator and has included the farm economy as a critical component of the
Economic Development element.of the Comprehensive Plan.
FINANCIAL IMPACT: There is no direct fiscal impact associated with this discussion.
RECOMMENDATION(S): Staff requests the Board's endorsement of the three key concepts
outlined above, and authorization to see this project through to completion in accordance with
the schedule provided as Attachment 3.
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Considering a new or expanded agricultural enterprise to
supplement your farm income?
This Manual outlines the steps to get you on your way.
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Table of Contents
How to Use this IWanual
What is an Agricultural Support Enterprise?
How to Start a New Enterprise or Expand an Existing Enterprise
Finding your Niche and Developing a Business Plan
Preparing for Permits-What to Bring with You
Meeting with your Neighbors
When ®o You Need a Permit?
Intensity Thresholds
Matrix
Overview of Different Types of Permits
Eona fide Farm Purposes
Bona fide Farm Purposes
Uses Relating to or Incidental to a .Bona fide Farm
Courtesy Reviews
Recommended vs Required
How to get County Approval
Signs
Site Plan
Class B Special Use Permit (SUP)
Rezoning
Conditional Use Permit (CUP)
Process Flow Charts
Other Permits (Well & Septic, Building, Erosion Control, NCDOT, State, Federal, etc.)
Performance Standards for Specific Uses
Issues Outside of the Scope of County Zoning Regulations
North Carolina Watershed Regulations
Liability & Insurance
Pee Schedule
Useful Information
Horse Farms, Riding Academies & Large-Scale Equine Facilities
Other Programs for Local Farmers
Voluntary Agricultural Districts & Enhanced Voluntary Agricultural Districts
Goodness Grows in North Carolina
Glossary
Zoning Ordinance Articles
General Statutes
Contact Information
Project Tracking Forms
Brochures
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Follow these .few simple steps
to get started
1. Contact county
Staff (see below)
2. Develop your
plan
3. het a letter
4. Get permits:
Planning Inspections,
Erosion Control
5. Begin your new
farm enterprise
For more information contact:.
Karen McAdams, Cooperative .Extension Agent 245-2058
Mike Lanier,. Cooperative Extension Agent 245-2050
Mark Daniely, Cooperative Extension Agent 245-2062
Agriculture & Planning Center • 306E Revere Road • Hillsborough, NC 27278
-Gail Hughes, Soil & water Conservation District 245-2753
Agriculture & Planning.Center • 306D Revere Road • Hillsborough, NC 27278
Noah Ranells, Agricultural Economic.Development Coordinator 245-2330
Economic Development.Commission• 310 E King Street • Hillsborough, NC 27278
Michael Harvey, Planning"& Inspections 245-2607
R d H'll b h NC 27278
Agriculture & Planning Center • 306E Revere oa i s oroug ,
Tina Moon, Environment & Resource Conservation -969-8959
Agriculture & Planning Center • 306E Revere Road ~ Hillsborough, NC 27278
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Contact County Staff to Verify Farm Status
Determine whether your operation is a `bona fide farm" by contacting a representative of the Cooperative Extension,
Economic Development Commission, Soil & Water Conservation District, or Farm Service Agency. North Carolina
General Statute (NCGS) 153-A-340 specifically exempts bona fide farms (and farm related structures) from zoning
regulations and some NC State Building Code requirements. The Agricultural Development and Farmland Preservation
Enabling Act, provides an expanded definition of a bona fide farm for farmers participating in an Enhanced Voluntary
Agricultural District Program (EVAD).
l~l ®evelop a Plan
Consider agricultural enterprises that would complement your farm. If you operate a bona fide farm and your
proposed business is considered "re/ating to or incidentaP' to your farm you may NOT need any Planning
permits. However, you may need other permits from Inspections, Environmental Health, and/or other
state & federal agencies. Examples of operations considered "accessory".include but are not limited to:
^ Retail sales of products grown on the farm such as fruits and vegetables, nursery and greenhouse crops
^ Pick-your-own fruits and vegetables _
^ Processing and marketing products grown on the farm such as milk, ice cream, canned goods and wine
^ Agritourism operations such as corn mazes, hayrides, and horse trail rides
Visit with Cooperative Extension, Soil and Water Conservation District, and Economic Development staff to develop a
business plan and determine all necessary local, state, and federal regulations. Your farm agency representative will help
you answer these questions and coordinate the planning process.
^ If your proposal exceeds the threshold of being "relating to or incidental" to your farm you may still be
able to pursue the enterprise, but you will likely need to obtain a permit from Planning.
^ Some uses, such as bed and breakfast inns or stables, may require separate land use permits. In
addition, some uses may not be allowed in protected watersheds.
Get a Letter
Once you have a plan, ask your farm agency representative to prepare a letter describing your proposal. The letter can
summarize your plan and outline the local, state, and federal regulations that apply to your project. If applicable, the
letter can also state that the proposed use is "relating to or incidental" to your bona fide farm. Try to have copies of
letters or permits from all appropriate county, state, and federal agencies to show that you are in compliance.
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Get County Permits
If your use is considered "relating to or incidental" bring the following to Planning & Inspections:
^ A copy of the formal letter from local farm agency staff with reference to bona fide farm status;
^ Any additional documentation necessary to indicate you are in compliance-septic permit, state or federal permits;
^ A copy of a survey, plat or tax map of the property;
^ A sketch plan showing any new or existing buildings
linked to the operation, sign locations, and off-street -. -- _ - _ _ _
parking; . _ ..
If your use requires a formal permit from
Planning:
Your farm agency staff will work with planning staff to
shepherd you through the process. You may need to
hire a surveyor, engineer, and/or architect to prepare a
site plan and building construction drawings. Keep your
formal letter and any documents showing compliance,
with farm related regulations, to include in your
application packet.
Apply for any remaining Building permits, Erosion
Control permits, or Environmental Health permits.
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03egin Your New Farm Enterprise , ,
Planning Staff will create a file documenting your new - ~ °' ~°• ~ -- -•
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enterprise. This information will be available to staff to """ "~~ w
answer questions that might arise from neighbors. It will -- _ -' '-"
also provide invaluable data about successful agricultural
uses in the county to help us develop better programs and policies for the future.
Agricultural Support Enterprises -Schedule for Completing Project
Staff work in April-Mav 2007
Prepare materials for May 21, 2007 Quarterly Public Hearing
Begin performance standards
Develop outline for proposed Agricultural Support Enterprises Manual
Review materials with County Attorney .
Draft informational memorandum to Planning Partners
Mav 21, 2007 -QPH:
• Request Board's endorsement of three key concepts: 1) amend the Zoning Ordinance to
allow conditional district zoning, 2) prepare clear performance standards, and 3) create the
ASE Manual
• Request authorization to complete the project in accordance with this schedule and
permission to sent informational memo to Joint Planning Partners
Late Mav-June 2007
Engage Joint Planning Partners in discussion of ASE
Revise new article providing for conditional district zoning
Early June 2007
Meet w/ Planning Staff at Town of Carrboro & Town of Chapel Hill to discuss key concepts
Staff work. in June
Complete matrix-list of uses, locations and permit requirements
Complete performance standards
Revise Conditional District Zoning amendments per BOCC comments.at May 21, 2007 QPH
Finish .drafts of all remaining ordinance amendments w/ all linkages
Draft ASE Manual
Create additional brochures as needed .
Send draft materials to County Attorney for input
June Advisory Board Circuit: PB, EDC, APB Meetings
Present key concepts
Matrix of uses, locations and permit requirements
Present Conditional District Zoning with process.
Present draft materials on ASE Manual and brochures
Staff work in July
Revise Zoning amendments per County Attorney
Modify Manual and companion brochures per input from advisory boards
Prepare materials for,August 27, 2007 Quarterly Public Hearing
August 27, 2007 -QPH
Present to BOCC
Revise per BOCC input, if necessary
Request permission to forward materials to Joint Planning staff prior to September meeting
September Advisory Board Circuit: PB, EDC, APB Meetings
Review materials presented at August 27, 2007 Quarterly Public Hearing
Resolve any remaining issues and request formal approval, if appropriate, at November QPH.
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DRAFT s
IVlemorandum
To: Orange County Board of County Commissioners
Chapel Hill Town Council
Carrboro Board of Aldermen
From: Laura Blackmon, County Manager
Craig Benedict, Planning Director
Dianne Reid, Economic Development Director
Date:. April 26, 2007
Subject: Agricultural Support Enterprises
Background
At a March 2004 Joint Planning Area Planning Public Hearing, Orange County Planning
Staff presented information on an on-going initiative hosted by Economic Development
and ERCD to provide more business opportunities for local farmers in the rural parts of
the county both in Agricultural Residential (AR) and Rural Buffer (RB) areas. The
project remains part of the County's effort to preserve farmland and farming as a viable
economic pursuit. The purpose of this memorandum is to provide our Joint Planning
Area (JPA) partners with an update of this project and to begin a dialogue on the future
of farming in the Rural Buffer.
Agricultural Support Enterprises (ASE)
Agricultural support enterprises are becoming increasingly important to the survival of
our local farms. The focus of the agricultural support enterprises project is to add new
farm-related uses that would be subject to our zoning ordinance that will provide
farmers with an opportunity to gain more revenue from their farms from these new
ventures. These new uses will be logical extensions to existing farm operations, such
as corn maize's (agritourism), roadside stands (direct marketing) and small-scale
processing facilities to make sauces (valued-added), as well as services related to
farming such as feed stores and large animal veterinarian services.
Process
Farmers will be required to go through a standard process and obtain a permit like any
other development project. (Bona fide farm purposes, which are exempt from zoning
per the North Carolina General Statutes, will remain exempt.) Staff are reviewing the
existing permit process, as part of this initiative, and are considering ways to streamline
it or, at least, to make it more user-friendly. While most of the potential changes to our
zoning ordinance will only affect the rural parts of the county, it is possible that some
changes may have implications within the Rural Buffer. With that in mind, County staff
wanted to provide our JPA partners with an update on the project prior to any formal
consideration of amendments.
Agricultural Support Enterprises Page 8
DRAFT 9
Rural Buffer Intent
The second component to this memorandum is to revisit the original intent of the Rural
Buffer, to begin a dialogue with our JPA partners to determine if this intent is still
valid/appropriate as it pertains to agriculture and related agricultural enterprises. When
the Joint Planning Land Use Plan was adopted in 1986, the state of local farming was
very different from what it is today. It was assumed that the area within the Rural Buffer
may gradually phase out of traditional farming and develop into low-density residential
uses. The pattern of development is another subject area for later discussion. The
amount of use value farming and forestry in the Rural Buffer is approximately 28%. Two
things have changed during the last twenty years. One is the emergence of organic
farming as a popular alternative to traditional farming. Organic farming typically
requires less land than traditional farming and can occur as a compatible neighbor to
residential uses. Second is the trend of connecting urban residents to local farms,
which is linked food sustainability issues, buying locally produced goods, etc.
Agricultural Sustainability
The agricultural support enterprises proposal is designed to keep farmers farming, by
making agriculture profitable. Should this program extend into the Rural Buffer, it would
likely encourage the continuation of the existing active farms. It could also encourage,
new, smaller-scale and organic farmers to consider starting operations in the Rural
Buffer. It could also encourage new farm businesses, such as farm stands and "pick-
your-own" operations.
Promoting new agricultural operations'and agricultural support operations need to be
reconciled with the intent of the original Joint Planning Area Land Use Plan. But as
residential development continues to occur in Orange County and its municipalities,
many town residents are seeking a farm connection. Residents in Chapel Hill and
Carrboro seem to enjoy not only the rural character of places like Dairyland Road but
the also the potential link to the farming community. Operations such as Maple View
Farm illustrate the potential for successful relationships between urban residents and
local farmers, one that provides the farmer with supplemental income and one that
provides residents with a rural experience and a locally grown product.
ASE Consistency with County Land Use Plan
The agricultural support enterprises proposal is designed to allow these farm uses to
occur in a way that is consistent with our overall land use plan. The proposal provides
more opportunities for advisory board input and public comment during the approval
process. In addition, staff's recommendation to develop a conditional district process
for rezoning property to Agricultural Services for specific agricultural support enterprises
provides a mechanism for the Board of County Commissioners (BOCC) to limit the
extent and intensity of an enterprise as part of the approval. Unlike general rezoning,
property subject to the conditional district rezoning process may only be used for a
specific land use(s), based on asite-specific development plan. Since applications are
site specific, the BOCC can consider the suitability of the proposed use based on its
location within the county. In other words, the BOCC could approve a rezoning for a
certain use in a rural area in northern Orange County and deny a rezoning request for
the same use in the Rural Buffer. The location factor will become increasingly important
as sections of the county transition from active farming to low-density residential.
Agricultural Supporf Enterprises Page 9
DRAFT to
Rezoning JPA Process
Rezonings are legislative decisions, reviewed by governing boards in accordance with
existing joint planning agreement procedures. Any rezoning application would be
considered through a public hearing process, neighbors would receive notice and
members of the general. public would have an opportunity to comment. If the tract in
question were located in a joint planning area, the appropriate governing board(s) would
have an opportunity to provide input on the request as well. The proposed process to .
rezone to the Agricultural Services District includes opportunities for the town governing
boards to comment on any agricultural support enterprise project early in the process.
Summary
In summary, the agricultural support enterprises proposal is an agricultural economic
development program. Staffs proposal to allow farmers more value-added options
places no long-term obligations on their land. It is designed to keep farming an
economically viable business by permitting farmers to explore more innovative farm
operations.
Planning and EDC staff would like to begin a dialogue with town staff before it is further
discussed by elected officials, possibly at the fall JPA.
Agricultural Support Enterprises Page 70