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Home My WebLink AboutAgenda - 02-13-2017 - F.2 - WASMPBA Amendments 77 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 13, 2017 Action Agenda Item No. F.2 SUBJECT: Introduction to Possible Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) Amendments DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Map of Possible Amendments — Northern Craig Benedict, Planning Director, 245-2592 Chapel Hill Area Perdita Holtz, Planner III, 245-2578 2. Map of Possible Amendments — Southern Carrboro Area 3. Map of Possible Amendments — Southern Hillsborough Area 4. Existing Overall WASMPBA Map with Possible Changes Depicted PURPOSE: To receive an introduction to possible amendments to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) Map to designate additional "primary service areas" and to provide feedback to staff. BACKGROUND: Planning staffs of the three local government jurisdictions that are party to the "Joint Planning Agreement," as it is commonly called, have been discussing possible amendments to the Land Use Plan to better align with various local government goals and policies (this is a separate agenda item) and accompanying modifications to the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) map. Additionally, during discussions regarding the Hillsborough Economic Development District (EDD) that occurred in the fall of 2016, it was mentioned that it could be advantageous to the EDD to designate additional WASMPBA primary service area immediately south of the EDD to the Rural Buffer boundary. These potential amendments would change the designation from `long term interest area' to `primary service area' which would permit development in the short term. Also in the fall of 2016, OWASA and Town of Carrboro staff broached the potential idea of designating additional "primary service area" adjacent to Smith Level Road. The area is zoned R-10 (Residential, 10,000 square feet per dwelling unit) which is extremely small if onsite well and septic service is necessary. There is water service in part of the area already (which may have started in 1969, according to OWASA pipe data) and a sewer line is stubbed out at Bixby Lane which could provide service to a portion of the properties; others would be served from lines adjacent to Smith Level Road. 78 The maps in Attachments 1, 2 and 3 depict the possible amendments to the WASMPBA map (the current version of which is included in Attachment 4 with the possible changes overlaid). A summary of possible amendments is as follows: • Chapel Hill Area: o Designate 118.9 acres in the vicinity of Millhouse Road as "primary service area." These parcels include: • 78.2 acres Orange County owns for the planned Millhouse Road Park • Three smaller parcels (totaling 6.3 acres) owned by the Town of Chapel Hill, located between the railroad tracks and the Millhouse Road Park parcels. • 2.2 acres of road right-of-way. • These three modifications would allow the planned park to eventually be served by public water and sewer systems. Service by public water and sewer is an important component of increasing the capacity of the park and its expected use as a soccer center since a park served only by well and septic systems would have a more limited capacity. • The northern portion of the parcel on which the Town of Chapel Hill's Operations Facility is located (32.2 acres). • Carrboro Area: o Designate 20.6 acres (comprised of 34 parcels, 3 partial parcels, and road right-of- way) in the vicinity of Smith Level Road near Carrboro High School as "primary service area." • Hillsborough Area: o Designate 87.5 acres (comprised of 12 parcels, 2 partial parcels, and road right-of- way) contiguous to, and south of, the Hillsborough EDD as "primary service area." Amendments to the WASMPBA would require approval of all three five signatory parties (Orange County, OWASA, and the Towns of Chapel Hill, Carrboro, and Hillsborough) through the regular agenda/decision process (a formal public hearing is not required). FINANCIAL IMPACT: There is no cost associated with receiving this introduction and providing feedback to staff. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. RECOMMENDATION(S): The Manager recommends the Board receive the presentation and provide feedback. Possible WASMPBAAmendments - Chapel Hill Attachment 1 orirlin TRL Lig a ST,�-� w Fi,U 2 w ...., .. A co ,w rik \N I ilJ • Chapel Hill Operational Facility b4� ��r' ■ , Long-Term Interest Area to Primary Service Area ; , 4i7Za 1 32.2 ac. � ; • 4/11 .� WOO ��A, BLACK D'N(OUNT,gIN`F2D ��' IIIIIIIIIIIIIIII IIIIIIII F1 IIII `v rn C ►��4 Mil Ihouse Road Park u, - ►i�i�►�i�i�i�� , Long-Term Interest Area to Primary Service Area ►��►��j��j�� 78.2 ac. :i�i�i�iO�i�i�i�0� II,�� BRUIN TRL ' �� o I CLYDE R� _- 1606...._4111 , o A, i. ..._ iiit�� .ice �-��i . �� 4 01 ♦��4 i 4� Road Right-of-Way ffilligallk"!�� Long-Term Interest Area to Primary Service Area II II 1 i ■ `� . 2.2 ac. 44 0 "11111111" r■All IPII: I sass Town of Chapel Hill Parcels Long-Term Interest Area to Primary Service Area 3 6.3 ac. r m O c co m v X Parcels EU.BANKS RD_ 4-, I'll �!�!�!' Designate as Primary Service Area Z 4)%1,9 k iN 1 in=800 feet rn OWASA Long-Term Interest Area j 0 400 ill rill Feet j r OWASA Primary Service Area Orange County Planning and Inspections■ Brian Carson(1/25/2017) • Possible WASMPBAAmendments - Carrboro Attachment 2 _ - - I UB-RD �t� 1�� O � COMMONS cfi BO it gi i ' Long-Term Interest Area to Primary Service Area jO<q, cuLeREr ,1 20.6 ac. 1:3 N.RD W MI mX • Ili 4 as ip, 0 1 ow ROCK HAVEN OD ►��•� a . n z v %� ♦�.� rZ L W . 4.7 frts. 1 III �, ��1-. ..-•: 2 Lill NUTTREE-L-N p =t�� ti, DR� ', S ..go z :e ' ) .#!.!■ 1 i i ' . :■- ›c,110 IlallielMsoll- i, ��'r��. _ � iI1 wiv: ' ' '14.DD 4��►vim��gte apPlir vo 10 a m AP031 1 IV ,\ Ry RD ■ =7 A•I �BBPp1NT RD 4 %! P�� L;4 im °?- L G R 0 ,0,0,..e/ yi ILE ;N 14 MI° Parcels ,'' �!�!�!' Designate as Primary Service Area --�� , CARL- DR �OWASA Long-Term Interest Area v■ (')� mFeet OWASA Primary Service Area Orange County Planning and Inspections Brian Carson(1/25/2017) Possible WASMPBAAmendments - Hillsborough Attachment 3 ti��LCE. D q R Z o N\\ 01 r F OVA Lang-Term Interest Area to Primary Service Area 87.5 ac. r'''''O14 //j7- •11111111,1111. Ira �� /111i11111: i/111111111 ,111♦ 111111111111111111��111I �/ `� ♦111♦ /11111I ►�1�1�1�1�1�1�1∎.-■∎■1''''' -�1�. � .-4-' 4 ‘ C' 111 S'�=�$.'11111111* ♦1111111111111111A ♦111 , X1 ►♦!pDY ..p�11111114 ►1111111111111111♦ X1111, ,' •11i 0 ♦1111111111111111♦ ♦11� ♦11♦ /� . � • ��.11 ►11111111111111111 ♦1t ��111/ •1 � �111��. - ♦1111111111111111♦ ■ �• • 111♦♦ ►4 1 ►11111111*. C� ►11111111111111111111111111111111111� -1/ I e■ 1111111111 .r '4 �111111111111111111111� �4 �,o ►111111111111111111111111111111111111,►•' e i■111 ��1111111� ��I ■��1�1�1�1�1�1�1■1�1 � i i1111A ►11111111111111111♦ 011♦ ♦11� " ��■ ♦ ♦1♦ ! 1111111111111.11111� r 11111111 �•1111r�� 1�1�1�1�1�111111111��111111� �Z ♦♦ ♦�0 �� i/11111 -� s1111�11♦ X111111111♦ 1111♦ z �� DAVIS�RD...�.. r.1111111111111`.,�11111111*�V111 ■1111111111111111i�1111� it \m— •1111111* X1111111 X11111111♦ ♦1111♦ �11 i�1111111♦ �1111�1♦ ►11111111♦ i11111■ ��11♦ t�11111111♦ �♦111011111111111 ♦1111♦ ��1111♦ 111�A11111111111111114� t11111�4� 11111111��11111i X111111111, " ■ 111 ►111111111 I ' 1111111 111111 1♦ ♦111♦ � 111111'* 111111 11111*11Q 11111111111 �11111111111�i1♦ ♦111♦ 11111♦<,1'1:1:11:1�11�.::�::�":�1 ::•♦1:1:�:1:�:1:�:11:�:1:�:1:�::.# .� 4.1. . :: .,,, .', ��♦� • * •1yi ♦0 � Ny D 111 ' -1 ..1:#; ..•. .i/ T i cb ♦ . 1—, ... ip �OA K RID GE-D R � 1 1 - < � , v �O � 4;11111111 -1 / 111 OLD-HE ' �p!:t:�: RI.TAGE.CT li 1 61111111 Parcels ;��i Designate as Primary Service Area Hillsborough Long-Term Interest Area a/ i N 1 in=600 feet Hillsborough Primary Service Area \,�=�I / r 0 300 .% %,. OFeet OWASA Long-Term Interest Area Orange County Planning and Inspections Brian Carson(1/26/2017) (Attachment 4 - Adopted Map with Possible Changes Depicted I 82 Appendix A Water and Sewer Management Planning and Boundary Agreement kV Tir PIA tairmagly wits ropp+8. 1 El ■maptia/0114% st #.114Sitta,immeltd*.46 11% kiwkwdiblpe ‘lariiii4„,1 04,,,,, Atii, 1#1, fair _.,.1411WATIA I L'r4r1"14 illit IA iri, i 1r 76., •Av,14,11,,t-isfrio, 4.4, ii ar"� A N lor Milk 41\11t Mebane �!�„ '`� , _ ` ' __ ..��,� LorWiii111101.14 '-- V' - F1'10a0111P-.-4 Ilite 1—: w... aiiirjk. ----.11 , la �' Long-Term Interest Area to Primary Service Area F � � 87.5 ac. - `� �` I /.v.-- i it' was,--: ' amarifinse- Ei_Fi, 111 �l Chapel Hill Operational Facility Town of Chapel Hill Parcels qtr Long-Term Interest Area to Primary Service Area Long-Term Interest Area to Primary Service Area 32.2 ac. 6.3 ac. � ��,_ • ✓'a tm. _ g � iv- i - ` ' Legend ,44w 9 1,1 Millhouse Road Park 1,1 -• ■ 'll yr, �1 Long-Term Interest Area to Primary Service Area ,� ; S Hillsborough Long-Term Interest Area � �1 /� ,`% , �—' 78.2�. ' n`A �' A�JZI� ;,� Hillsborough Primary Service Area �i��11� 1�\\ �lam" 4. OWASA Long-Term Interest Area �� Road Right-of-Way 1y, �' Orange County Primary Service Area �` -Term In ervice Area 2.2 ac. p1v OWASA Primary Service Area �- tf k � Oran e Count Lon Term Interest Area Alr 41 � ' '' 11 9 Y Long 116 • Apht, -Term z, � - Designate as Primary Service Area VI \,.. ,- `:! �E, Chapel �`arrti` ,�!�p��y�f' ,hhl Rural Buffer Boundary A�.4t.:.a/ �1► v 0 1 2 3 4 ` �-— �� f��}s�� Miles ®�_ * .: 1 inch =3 miles Long-Term Interest Area to Primary Service Area'/ J j 20.6 ac. d Orange County Planning and Inspections Department i /r,� Added Hillsborough Long-Term Service Area,Miriam Coleman,10/5/10 �Ltf L, Revised Orange Country Primary Service Area,Miriam Coleman,10/5/10 Updated Hillsborough Primary Service Area,Miriam Coleman,10/22/08 Updated Streets,Miriam Coleman,2002 Revised Map to show retracted Chapel Hill Urban Service Boundary,Carrie Whitehill,11/14/01 Original Map Prepared by Beth McFarland,04/17/97 Information Item 83 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Special Projects 131 W. Margaret Lane (919) 245-2575 Suite 201 (919) 644-3002 (FAX) N' „ VU P. O. Box 8181 www.orangecountync.gov NR (:A RI,:)1 M Hillsborough, NC 27278 (46 A M ;,g4.” vA'� r A Air, " G'a 1'1 i r 101 r, , �;�luu�,�'W'° D aA�� umiom�[mu"uomuuu � � a .irt^. uuN�r �IIV��IuA +ulll� 10 I�" ,rr MEMORANDUM TO: Orange County Board of Commissioners FROM: Michael D. Harvey AICP, CZO, CFM - Planner I I I Craig Benedict, AICP — Planning Director DATE: January 11, 2017 SUBJECT: Update on Unified Development Ordinance (UDO) Text Amendments to the Table of Permitted Uses Section(s) 5.2.1 through 5.2.3 of the UDO contain the table of permitted uses spelling out allowable land uses within various zoning districts (i.e. general use, economic development, and conditional zoning districts). In most circumstances when a development proposal is submitted staff ascertains if the use is either specifically listed (i.e. single-family residence, church, restaurant, etc.) or falls into an established land use category (i.e. paper manufacture allowed in light industrial) to make the determination if the use is permitted or not. In November of 2015 the State Supreme Court in Byrd versus Franklin County rejected the argument that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same. The Court stated: `.... law favors uninhibited free use of private property over government restrictions'. In consultation with the County Attorney's office, staff has determined the permitted use table(s) need to be modified to ensure compliance with the aforementioned court case clarifying allowable/prohibited land uses and ensuring uniformity amongst the various existing tables. The list needs to be as exhaustive as practical. The simple rule we need to remember, based on the Byrd case, is: if a land use is not listed within the table of permitted uses it is considered to be permitted. The amendment outline form for this project, attached, was approved by the BOCC at its November 1, 2016 regular meeting. Agenda materials from this meeting can be viewed at: http://www.orangecountync.gov/document center/BOCCAgendaMinutes/161101.pdf. Minutes from this meeting can be viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/44183/Pagel.aspx. 84 The Planning Board Ordinance Review Committee (ORC) has begun its review, addressing the following elements: 1. Determining if an existing `list' of land uses can be incorporated into the UDO. STAFF COMMENT: Staff has proposed incorporating the North American Industry Classification System (NAICS), the standard used by Federal statistical agencies in classifying business establishments. Benefits of using NAICS include: • The UDO, most notably the Hillsborough Economic Development Districts, already utilizes the standard. • NAICS provides a detailed list of non-residential land use activities, assisting the County address the specifics of Byrd. • The system provides a detailed definitional framework on what each land use or `sector' is intended to allow and can be used by the County for reference purposes. Possible complications include: • NAICS only addresses non-residential land use activities and does not address other categories (i.e. residential). • The list, while detailed, can create confusion for users. Staff has begun investigating the use of the Land Based Classification Standards (LBCS) as prepared by the American Planning Association (APA). Similar to NACIS, the LBCS model seeks to integrate various land uses into central categories and provide a detailed list of various activities. Benefits of using LBCS include: • The system is comparable to NAICS. • Provides access to a detailed list of various land use activities, residential and non-residential, assisting the County address the specifics of Byrd. • LBCS also includes a detailed definitional framework on what each land use category is intended to allow. Possible complications include: • In certain instances the land use list employed is not as detailed as NAICS • The list, as with NAICS, relies on a numbering system that can create confusion for users. Additional information on the LBCS code can be viewed at: https://www.planning.org/lbcs/. The Planning Board has asked to staff to review how adjacent municipalities and counties are addressing this matter as well. 2. Reviewing what land uses are appropriate in given districts. 85 For example re-evaluating the general use zoning districts where a Class II Kennel ought to be allowed and under what permitting process (i.e. permitted by right or through a Special Use Permit). 3. General discussion on the continued need for certain general use zoning districts. STAFF COMMENT: Please note this process will not involve the elimination or reclassification of existing general use zoning districts. The purpose of this discussion is to ascertain the need for future modifications. Additional updates will be provided throughout the life of the project. Future work sessions shall also be held to allow the BOCC to offer comment on specific recommended proposals in advance of the September 11, 2017 Quarterly Public Hearing. 86 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO /Zoning-2016-05 Amendment(s) to permitted use tables clarifying permitted and prohibited land uses. A. AMENDMENT TYPE Map Amendments n Future Land Use Map: From: To: n Zoning Map: From: To: n Other: Text Amendments n Comprehensive Plan Text: Section(s): n UDO Text: MUDO General Text Changes MUDO Development Standards fUDO Development Approval Processes Section(s): Section(s) 1. Article 5 Uses, 2. 5.2.1, 5.2.2, and 5.2.3 Tables of Permitted Uses, 3. Article 10 Definitions References throughout the UDO will be updated as a result of this amendment. n Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director is 87 proposing to initiate text amendments to clarify allowable and prohibited land uses within the various general use zoning districts throughout the County. These amendments are in response to recent court decisions, most notably action by the State Supreme Court in Byrd versus Franklin County, placing the onus on local governments to have sufficient specificity `spelling out' allowable and prohibited land uses. This outline form was originally reviewed and approved by the BOCC at its May 5, 2016 regular meeting. Recent discussions between the Director and the Attorney's office, as well as on-going amendments, have required a reevaluation of the project. Agenda materials from the May 5, 2016 regular meeting can be viewed at: http://www.orangecountync.gov/document center/BOCCAgendaMinutes/160505.pdf 2. Analysis As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. In November of 2015 the State Supreme Court in Byrd versus Franklin County rejected arguments that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same. The Court stated: `.... law favors uninhibited free use of private property over government restrictions'. A copy of the Court's ruling in the Franklin County case can be viewed at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680. Originally the amendment was intended to clarify allowed/prohibited land uses, provide additional specificity, and ensure uniformity. Recently the Director, in responding to comments from the Attorney's office, determined the scope of the project needed to change and will now involve: 1. Incorporating the North American Industry Classification System (NAICS) land use classification system into the UDO, consistent with text amendments reviewed at the September 12, 2016 quarterly public hearing and slated for continued review and the BOCCs November 1, 2016 regular meeting. Agenda materials from the quarterly public hearing can be viewed at: http://www.orangecountync.gov/document center/BOCCAgendaMinute s/160912QPH.pdf- Additional information on the NAICS code can be viewed at: http://www.census.gov/eos/www/naics/. Staff is also reviewing the possibility of abandoning the use of the NAICS code and using the Land Based Classification Standards (LBCS) system prepared by the American Planning Association. Additional information on the LBCS system can be viewed at: https://www.planning.org/lbcs/. 2. Expanding the list of non-residential land uses (i.e. agricultural, medical, recreational, residential land uses) to comply with the findings of Byrd. 3. Collapsing the general use, EDD general use, and Conditional Zoning district tables of permitted uses (Sections 5.2.1, 5.2.2, and 5.2.3 88 respectively) into one central table in order to decrease anticipated page counts and avoid unnecessary duplication. Staff anticipates the need for work sessions with the BOCC and Planning Board to review the particulars of the available options, discuss the expansion of various land use categories, and review options with respect to the `status' (i.e. permitted or prohibited) of various land uses. Regardless of which system or option (i.e. NAICS versus LBCS, etc.) is utilized it needs to be remembered that if a specific use is not listed within the table of permitted uses, then it will be allowed. No format or system is going to change this fact. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 2: Land uses that are appropriate to on-site environmental conditions and features and that protect natural resources, cultural resources, and community character. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules The amendment(s) are in response to recent court decisions, Byrd versus Franklin County, detailed herein. C. PROCESS a. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed November 1, 2016 b. Quarterly Public Hearing September 11, 2017 c. BOCC Updates/Checkpoints November 1, 2016 —Approval of revised UDO Amendment Outline Form January 4, February 1, and March 1, 2017 — Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) February and April, 2017 — BOCC work sessions (dates to be determined in consultation with Manager and Chair/Vice-chair) to receive updates on our progress and provide feedback to specific questions. d. Development Advisory Committee (DAC) 89 January 5 and 19, 2017 — Initial Review March 23 and April 6, 2017 — Final Review e. Legal Sufficiency Determination Shall be provided for the specific versions of the amendment package prepared and reviewed throughout the process as detailed herein. f. Other N/A b. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a. Planning Board Review: January 4, February ,1 and March 1, 2017 — Ordinance Review Committee (ORC) June 7, 2017 — Recommendation b. Advisory Boards: N/A c. Local Government Review: Staff shall transmit the proposed amendment(s) to the Towns of Chapel Hill, Carrboro, and Hillsborough for JPA and courtesy review. d. Notice Requirements Legal advertisement for the public hearing shall be in accordance with the provisions of the UDO. e. Outreach: M General Public: Staff will schedule an open house meeting to solicit public comment on the proposal in March of 2017. Advertisement of this meeting shall be coordinated with the Manager's office. ❑ Small Area Plan Workgroup: ❑ Other: c. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the 90 provision of County services. Costs for the required legal advertisement will be paid from departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. D. AMENDMENT IMPLICATIONS The amendment will provide additional clarity on permitted and prohibited land uses. E. SPECIFIC AMENDMENT LANGUAGE MDH - pending Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey @orangecountync.gov