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HomeMy WebLinkAboutAgenda - 05-22-2006-d2ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY PLANNING BOARD WORKSESSION AGENDA ITEM ABSTRACT Meeting Date: May 22, 2006 SUBJECT: Agricultural Support Enterprises DEPARTMENT: Planning & Inspections ATTACHMENT(S): 1) Brief Summary of Conditional District Zoning 2) Revised Text Article 4 3) New Article 20A 4) Color Progression Chart Action Agenda Item No. D.2 PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Craig Benedict Planning Director 245- 2592 Dianne Reid EDC Director 245-2326 Tina Moon Planner II 245 -2583 PURPOSE: To begin to discuss draft text amendments related to the on -going agricultural business initiative, particularly the proposed Article 20A that outlines a new planning construct for Orange County -- conditional district zoning. BACKGROUND: Since May of 2002 Planning, Economic Development and Farm Agency staff have been working together to examine, and where appropriate, revise County regulations regarding farm uses. Efforts to expand the scope of the project led to an early name change from Agribusiness to Rural Enterprises. More recently staff have suggested renaming the project, again, to Agricultural Support Enterprises to emphasize the original purpose of the initiative —to improve local farm profitability. As Planning and Economic Development staff begin to explore options to establish more economic opportunities for rural non -farm ventures it seems appropriate to reiterate the purpose of this project. The Agricultural Support Enterprises initiative is designed to offer farmers supplemental- revenue options from agricultural products, businesses that are logical extensions of farms and services related to farming, and to allow these uses to occur in the rural areas. The most challenging aspect of the Agricultural Support Enterprises project has been developing a system to allow uses that are commercial in character (such as feed stores) to occur in rural portions of our residential zoning districts in a way that is consistent with the Land Use Element. At the February 2005 Joint BOCC /Planning Board Work Session, staff introduced the idea of a new planning construct for Orange County -- conditional district zoning- - as the potential mechanism for this purpose. A brief summary of conditional district rezoning is included as Attachment #1. Staff recommends using conditional district zoning as an alternative rezoning method for our existing Agricultural Services floating zoning district. Proposed amendments to the zoning ordinance regarding AS districts are included as Attachment #2 and highlighted in boldface GAGomprehensive Planning Div \GENE \2006 Public Hearings \May 22 QPH\Update Rural Enterprises \AgSupportEnterprAbs..doc underscore /strike -out. Attachment #3 is a draft version of an entirely new Article 20A "Amendments to Rezone for Agricultural Service Districts." Article 20A outlines two rezoning processes: general rezoning (based on our existing rezoning process) and a new conditional district rezoning process. Staff seeks authorization from the Board to see this project through to completion with minor text amendments to the Land Use Element, where required to support and establish consistency and significant amendments to the Zoning Ordinance. 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. Staff anticipates the need for minor revisions to the new Article 20A as work continues on amendments to other sections of the zoning ordinance as part of this project; we will bring those changes to the Board's attention at future meetings. The zoning ordinance amendments included in Attachments #2 and #3 are designed to provide additional opportunities for local farmers, and to streamline the process so that the new opportunities can be realized. We request your review of the attached materials and ask for input and authorization to move forward. We have also included the "Color Progression Chart' as Attachment 4 to illustrate our attempt to link permitting requirements on intensity and potential impact of use. We have been consistent with this concept throughout the project. FINANCIAL IMPACT: There is no direct fiscal impact associated with this discussion. RECOMMENDATION(S): Planning staff requests authorization from the Board to further the Agricultural Support Enterprises initiative by providing: Direction on the draft zoning text amendments, particularly the proposed Article 20A Authorization to develop minor revisions to the Land Use Element, only where required to establish support and /or consistency; and Permission to continue the preparation of the remaining zoning text amendments to complete the project for consideration at a future quarterly public hearing, possibly as soon as November 2006. rVC;ornrnr n,,i,ivu Pba imigl iiACdlldCV2OOrP,01k Ib:adIIg "Way 21. C.P1 Uin Jake fim31 nt,riprise:\,`.y. app, i I f_n apr(\bs Ox Attachment 1 Conditional District Rezoning Overview -- Agricultural Service Existing Conditions The Orange County Zoning Ordinance currently outlines a process to rezone property from Agricultural Residential (AR) to Agricultural Services (AS) as a way to support the rural community. Like high - density residential districts, the AS district is a floating zoning district; it is defined in the ordinance, but is not applied to specific parcels until requested by a property owner. A landowner may currently apply to have property rezoned from AR to AS using a general rezoning process. If the rezoning application is approved, the landowner may use his or her property for any of the land uses allowed in the AS District. Challenge The general rezoning process works effectively in many situations. Two common scenarios are when a property is rezoned from a low- density residential zoning district to higher density residential district or when a property is rezoned from a residential use to a commercial or business use. In the second example, once the property is rezoned the parcel takes on a commercial character, and all of the uses permitted in the commercial zoning district are available to that parcel. , Applying the general rezoning process to the Agricultural Services floating district is challenging because so much of the county is zoned Agricultural Residential even though the character of the county's rural communities varies substantially. Some uses may be appropriate in one area but not in another. New Planning Construct Many of the agricultural uses outlined in the Agricultural Support Enterprises proposal are commercial in character: farm machinery repair, feed mills, horse supply and tack shop, etc All of these uses belong in the rural parts of the county, areas that are traditionally zoned residential, Staff is recommending a new mechanism to allow some of these uses to be permitted in the rural portions of the residential zoning districts (Agricultural Residential (AR), Rural Residential (R 1), Rural Buffer (RB)), as well as the rural commercial zoning districts using what is called Conditional District Zoning. Unlike general zoning, conditional district zoning may only be used for a specific land use or uses. For example, a property owner would request that his /her parcel be rezoned for a feed store, and would provide a schematic site plan of what the feed store would look like and how it would be designed on the site Should the request be approved, the property owner could develop the feed store and use the property for that purpose, but no other use. Rezonings are legislative decisions. All rezoning applications — whether general or conditional district — would be reviewed by the BOCC through a public hearing process. Using the conditional district approach, the Board could allow some agriculturally -based commercial ventures to occur in the rural parts of the county, based on the suitability of the use to the particular community. A winery might make sense in Bingham Township but not in Cedar Grove Township, for example. Conditional district zoning is already used in some North Carolina jurisdictions. Charlotte/ Mecklenburg provides landowners with two rezoning options — conventional rezoning or conditional district rezoning. The options have different application requirements and different processes. The conditional district zoning process allows particular uses to be established, but only in accordance with specific standards and conditions pertaining to each individual development project. Attachment 1 4 Proposal Staff recommends revising the existing AS floating district apparatus so that property owners could apply to have their property that is now zoned AR, R1, RB, EC5 or El rezoned to AS using the general rezoning or the conditional district rezoning process.' Amendments to the zoning ordinance would include a checklist outlining specifications for the site - specific development plan for the new use, along with appropriate performance standards,. Amendments to the Land Use Element would speak to the consistency of the new use to the surrounding land uses. What is the predominant land use within a half -mile radius of the property? What is the average lot size? Is the community predominantly active agriculture or is it starting to transition into residential subdivisions? Conditional district zoning appears to be the most appropriate mechanism to allow commercial /industrial farm uses 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. Revising the Agricultural Services Floating Zoning District can provide the cornerstone to the Agricultural Support Enterprises initiative by promoting ventures that are consistent with the County's Land Use Element of the Comprehensive Plan. ' Rural activity nodes, zoned LC -1 or NC -2, are also suitable locations for agricultural support enterprises. Amendments to the zoning ordinance could allow agricultural support enterprises to occur in rural activity nodes by- right Rural activity node parcels could also be rezoned Agricultural Service using the general or conditional district process. Property rezoned to AS using the general rezoning process would be labeled on the zoning atlas "AS." Properties rezoned using the conditional district rezoning process would be labeled on the zoning atlas "AS -CD" and the permitted use. Attachment 2 ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 41 Establishment of Use Regulations Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Schedule of Permitted Uses Uses not expressly permitted are prohibited. *Within all districts there are certain uses that are permitted as a matter of right. The uses are. 1. Above ground and buried utility lines for local distribution of electricity, *Amended telephone, and cable television service, accessory and appurtenant 1 -19 -82 apparatus such as poles, guywires, transformers and switching boxes. 2. Cabinetized telephone and /or fiber optic equipment associated with the *Amended local distribution of services. Setbacks from the right -of -way for such 1 -17 -95 equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials, 3 Bona fide farms. 4 Buildings and other temporary structures used in connection with the construction of a permanent building. 5. Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town). 6 Off street parking as a required accessory use to a permitted use. 7. Public and private streets and roads. Railroad rights of way. 8. Water and sanitary sewer lines, gas and liquid fuel distribution lines 9, Telephone exchanges (without business offices), subscriber loop huts, *Amended pressure regulator stations, water and sanitary sewer pumping stations. 104-82 (See Article 6.16.12). CW Attachment 2 10 Electrical substations, switching and metering *Amended stations and associated transmission lines, where 1 -3 -89 incoming voltage does not exceed 100 kilovolts (kv). (See Article 6 16.14). 11.. Solid waste collection facilities owned and operated *Amended y a public agency for the purpose of disposal of 5 -16 -89 household waste by Orange County residents. (See Article 6.16 15). 12 Borrow pits (including reclamation by landfilling) *Amended associated with a State or Federal highway project. 11 -1 -94 (See Article 6,16,.16),. Uses requiring special permits must meet certain conditions specified in this ordinance. Only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of Commissioners, as appropriate, will a special permit be issued; otherwise such uses are prohibited uses. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7. Amended 11/5/03 * *Within all districts certain subdivisions of land must meet additional requirements and be approved either as a Class A Special use or as a Planned Development Special Use as follows-. 1. Major Subdivision, Class A Special Use, Rural Designated (21-40 Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 21 -40 lots. 2. Major Subdivision, Class A Special Use, Urban Designated (21 -79 Lots) —A tract of land in an Urban Designated areas that is proposed for a subdivision of 21 -79 lots 3. Major Subdivision, Planned Development, Rural Designated (41+ Lots) —A tract of land in a Rural Designated area that is proposed for a subdivision of 41 or more lots 4. Major Subdivision, Planned Development, Urban Designated (80+ Lots) —A tract of land in an Urban Designated area that is proposed for a subdivision of 80 or more lots. Ord Table 4.1 Use Category Example(s) Article(s) Permitting Process Bona fide Farm Traditional row - crops, dairy, 1.5, 22 Exempt beef cattle, organic operatio ns Activities relating to or Pick -your -own, individual farm incidental to Bona fide stand 1 5,22 Exempt Farms Small -Scale Cooperative farm stand, off - Agricultural Support season use of farm equipment— landscaping, 6.32.6 a Modified Site Plan Ventures grading Medium -Scale Botanical gardens, Agricultural Support arboretums 6.32.6.b Site Plan Ventures Services /Processing in Farm machinery service, feed 6 32 6. b Rural Commercial & seed storage with retail 21 Site Plan Zones sales, farm supply _ Large -Scale Community farmers market Class B Special Agricultural Support 8 Use Permit Ventures Retail garden center, farm General or machinery service, feed & 4 Conditional District Services /Processing & seed storage with retail sales, 6.32.6.b Rezoning to Industrial Uses farm supply 20A Agricultural Service & Site Plan *41.1 Town of Chapel Hill Land Development Standards *Amended 10/18/88 4 -7 Attachment 2 ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE 42.24 Agricultural Service (AS) District & Agricultural Service Conditional (AS- CD)District "Amended 4/4/88 a) Intent METMMM criteria. b) Application Criteria This district will usually be applied where the following conditions exist: i; Attachment 2 Pi Site is within areas designated by the adopted Land Use Element of the Comprehensive Plan as Agricultural Residential, Rural Residential, Rural Buffer, Existing Commercial, or Existing Industrial. intended for in the future per the adopted Land Use Element of the Comprehensive Plan. 3. Lot size for individual uses would be appropriate to the method of water supply and sewage disposal,. 4. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. 5. The site was developed as an accessory use to a bona fide farm, P17 Telecommunication Towers' ASE11 Feed Mill, Feed & Seed Storage w/ Retail Sales, Farm Supply S3 Animal Hospitals; Veterinarian ASE12 Processing Facility w/ Accessory Retail Sales S20 Class II Kennels/Riding Stables ASE13 Veterinarian Mobile- Clinic S48 Sawmills ASE15 Community Farmers Market ASE2 Cooperative Farm Stand ASE16 Winery with Minor Events ASE3 Cooperative Teaching Farm ASE17 Winery with Major Events ASE4 Year -round Agricultural Tourism ASE18 Small -Scale Butchering Operation ASE5 Rural Special Events ASE19 Composting, no Grinding ASE6 Off - Season Use of Farm Equipment ASE20 Composting w/ Grinding ASE7 Retail Garden Center ASE21 Cold Storage Facility/Frozen Food Locker ASE8 Country Store ASE22 Livestock Market, Exchange /Auction Facility ASE9 Taxidermy ASE23 Processing Facility Local /Re ional ASE10 Farm Machinery Service, Rental & Sales ASE24 Large E uestrian Facilit "Telecommunication Towers are subject to additional criteria based on their height and co- location status as outlined in Section 8.8.17. 10 This page Intentionally Left Blank Attachment 3 NEW ARTICLE TO THE ZONING ORDINANCE ARTICLE 20A. AMENDMENTS TO REZONE FOR AGRICULTURAL SERVICE DISTRICTS 20A.1 Statement of Intent I1 To promote local farm profitability and a viable rural economy, land in the Agricultural Residential (AR), Rural Residential (R 1), portions of the Rural Buffer (RB), Existing Commercial (EC -5) and Existing Industrial (EI) zoning districts may be rezoned Agricultural Service District (AS) or Agricultural Service Conditional District (AS -CD) to allow Agricultural Support Enterprises, Agricultural Support Enterprises are logical extensions to farming, offer value -added and /or supplemental revenue from agricultural products, or provide services to the agricultural community. Such uses shall be allowed in the rural portions of the County consistent with the Land Use Element (and future Agricultural Chapter of the Natural and Cultural Systems Element) of the Comprehensive Plan. Changes in zoning categories shall, for the purposes of this Ordinance, be considered amendments to the Official Zoning Atlas, The reclassification of property to the Agricultural Service District or Agricultural Service Conditional District, as outlined in this Article, shall run with the land without regard to future changes in property ownership. Agricultural Service Districts and Agricultural Service Conditional Districts are floating zoning districts - -a special type of zoning district, defined in this ordinance, but not actually applied to the Zoning Atlas except upon petition by a landowner or otherwise initiated per Section 20A.2. Amendments to the Zoning Atlas — rezonings —are legislative decisions subject to Board of County Commissioners consideration. 20A2 Amendment Initiation 20A,2.1 Subject to the limitations of the foregoing Statement of Intent, an amendment to this ordinance to establish an Agricultural Service District may be initiated by: a) The Board of County Commissioners on its own motion; b) The Planning Board; C) The Agricultural Preservation Board and /or Economic Development Commission; d) Application, by any person or agency. 20A,2,2 An amendment for the reclassification of property to an Agricultural Service Conditional District may be initiated only by the owner of a legal interest in the affected property, any person having an interest in the property by reason of a written contract with the owner, or an agent authorized in writing to act on the owner's behalf. 20A.23 The owner of a parcel zoned Agricultural Service Conditional District may petition to reclassify the parcel to another agricultural service use through the conditional district process orto rezone the parcel to the general Agricultural Service District in accordance to The appropriate process specified in this Article. 20A -11 Attachment 3 12 20A.2.4 If a site was developed as an accessory use to a bona fide farm, which is no longer in operation, the property owner may petition to have the parcel rezoned to AS or AS -CD to allow the continuation of an existing use, per Section 4.2.24 of this Ordinance. Applications to rezone parcels in the Rural Buffer Zoning District (RB) shall apply for a conditional district rezoning to continue the existing use in accordance with the Courtesy Review Process specified in the Joint Planning Agreement adopted November 2, 1987. 20A.3 Applications for Amendment to Agricultural Service Districts and Agricultural Service Conditional Districts Applicants shall apply to have their property rezoned using one of two processes: general rezoning or conditional district rezoning. The conditional district construct shall only apply to the Agricultural Service Conditional District classification as specified in this Article. a) In the general rezoning process applicants request permission to use their property for any of the land uses allowed in the Agricultural Service zoning district, as outlined in the Permitted Use Table 4.3. The general rezoning application process for Agricultural Service Districts is specified in sections 20A.4 of this Ordinance. b) In the conditional district rezoning process applicants request permission to use their property for only one (or more) of the land uses allowed in the Agricultural Service zoning district per the Permitted Use Table 4.3. Applicants pursuing the conditional district rezoning to Agricultural Service Conditional Districts shall submit a Site - Specific Development Proposal as part of their application. The conditional district rezoning application process for AS -CD shall be in accordance with sections 20A 5 of this Ordinance,. 20A.3.1 Before filing a petition for the reclassification of property under this article, the petitioner shall meet with Planning Staff to discuss the nature of the proposed reclassification, the standards for development under the existing and proposed classifications, and concerns that persons residing in the vicinity of the property may have regarding the proposed reclassification, if known. 20A.4 Procedure for Submission and Consideration of Applications for Rezoning to Agricultural Service Districts 20A.4.1 Application Submitted to Zoning Officer All applications for amendments to the Zoning Atlas to establish Agricultural Service Districts shall be in writing, signed and filed, three (3) copies with the Zoning Officer and one copy with the County Manager for presentation to the Board of County Commissioners,, The Zoning Officer shall, before accepting any amendment application, ensure that it contains all required information, as specified in this ordinance Applications which are not complete, or otherwise do not comply with the provisions of this ordinance, shall not be accepted by the Zoning Officer, but shall be returned to the applicant, with a notation by the Zoning Officer of the 20A -12 Attachment 3 deficiencies in the application. The Agricultural Economic Development Coordinator shall be notified of all AS applications. The Environment and Resource Conservation Department shall be notified of any applications to rezone property located within an Orange County Voluntary Agricultural District to AS 20A.4.1 A Contents of Application 13 The review process established in this Article provides for the accommodation of such uses by a reclassification of property into the general zoning district — Agricultural Service based on the compatibility of reclassification with the Land Use Element of the Comprehensive Plan. Applications to amend the Zoning Atlas to establish an AS district, without limiting the right to file additional material, shall contain at least the following: a) 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; b) A written statement identifying the existing zoning classification and a general description of the potential impact of the rezoning, which will allow any of the uses permitted in the general AS district; C) The changed or changing conditions, if any, in the area or in the County generally, which makes the proposed Zoning Atlas amendment reasonably necessary to the promotion of the public health, safety and general welfare; d) The manner in which the proposed Zoning Atlas amendment will carry out the intent and purpose of the adopted Land Use Element (and future Agricultural Chapter of the Natural and Cultural Systems Element) of the Comprehensive Plan or part thereof; e) A traffic impact study as required by Article 13. f) All other circumstances, factors and reasons which the applicant offers in support of the proposed Zoning Atlas amendment. 20A.4.2 Zoning Officer Prepares Analysis and Recommendation The Zoning Officer shall analyze the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners When considering a petition for the reclassification of property to an AS district, the Zoning Officer, Planning Board, the Board of County Commissioners, (and others as directed by the County Commissioners), shall not evaluate the petition based on any specific proposal for the use or development of the affected property and the petitioner shall refrain from using any graphic materials or descriptions of the proposed use or development except for those which would apply to any use permitted in the general AS district. 20A.4.2.1 The Zoning Officer shall base his /her analysis on the following: 20A -13 Attachment 3 14 a) Whether the proposed reclassification is consistent with the purposes, goals, objectives, and policies of the adopted Land Use Element of the Comprehensive Plan and any amendment to that plan through an adopted district or area plan covering the subject property; b) Whether the proposed reclassification is compatible with the overall character of existing development in the immediate vicinity of the subject property; C) The adequacy of public facilities and services intended to serve the subject property, such as but not limited to roadways (subject to NCDOT driveway permit(s)) and police and fire protection; d) Whether the site, if not in an area subject to public services, has suitable soils for well, septic and septic backup systems; e) Whether the proposed reclassification will adversely affect a known natural area, historical, archaeological or cultural resource. 20A.4.3 Applications for Amendment -Joint Planninq Area Applications to amend the Orange County Zoning Atlas to rezone parcels in the Rural Buffer to AS shall follow the Courtesy Review Process as specified in the Joint Planning Agreement adopted November 2, 1987. 20A.4.4 Referral of Amendment Application to Planning Board and Others The Zoning Officer shall submit any application to amend the Zoning Atlas, for AS districts, to the Planning Board, Agricultural Preservation Board and /or Economic Development Commission for consideration and recommendation to the Board of County Commissioners. Applications to rezone property within the Rural Buffer to AS shall also be submitted to the towns of Chapel Hill and Carrboro as part of the Courtesy Review Process, as outlined in Section 20AA.3,. 20A.4.5 The Board of County Commissioners and the Planning Board Shall Hold A Public Hearing The Board of County Commissioners and the Planning Board shall hear applications for amendments to the Zoning Atlas to establish AS districts in a Public Hearing at the County Commissioners' last regular meeting in August, November, February, and May. The Board of County Commissioners may invite the Agricultural Preservation Board and /or Economic Development Commission to participate in the Public Hearing for AS district applications. Comments from the towns of Chapel Hill and /or Carrboro regarding applications to rezone parcels subject to the Courtesy Review Process, in accordance to Section 20A.4.4, shall be forwarded to the Board as part of the Zoning Officer's analysis. 20A.4.6 Public Hearing and Notice Thereof The Board of County Commissioners and the Orange County Planning Board shall hold a joint public hearing before adoption of any proposed amendment to 20A -14 Attachment 3 15 this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 20A.4.6.1 The Zoning Officer in the case of amendments to the Zoning Atlas, for AS districts, shall post on the applicant's affected property a notice of the public hearing at least ten (10) days prior to the date of said hearing. 20A.4.6.2 In the case of amendments to the Zoning Atlas, for AS districts, written notice shall be sent by certified mail to the affected property owner and all adjacent property owners not less than fifteen (15) days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within five hundred (500) feet of the affected property. If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within five hundred (500) feet as provided above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. 20A.4.7 Action Subsequent to the Date of Public Hearing Following the date of the public hearing, all proposed amendments shall be referred to the Planning Board for its consideration and recommendation.. Evidence not presented at the joint public hearing (hereinafter called "new evidence ") may be submitted in writing at or prior to the Planning Board meeting at which the recommendation to the Board of Commissioners is made. The Planning Board may consider oral evidence only if it is for the purpose of presenting information also submitted in writing. The Planning Board shall after the date of the public hearing prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of any application submitted to the public. The Board of County Commissioners may direct the Planning Board to provide a recommendation by a certain date. If the Board of County Commissioners does not so direct, the Planning Board shall make its recommendation within three regularly scheduled Planning Board meetings, if the Planning Board fails to make a recommendation as directed by the Board of County Commissioners or within three regularly scheduled Planning Board meetings, whichever is applicable, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. Amendments initiated by Orange County shall not be subject to time limitations other than those specified by the Board of County Commissioners during the public hearing process. 20A.4.71 The Board of County Commissioners shall not consider enactment of the proposed amendment until the Planning Board either makes its recommendation or takes no action on the application as prescribed in this section. In making its decision, the Board of Commissioners shall consider all relevant evidence 20A -15 Attachment 3 16 presented at the joint public hearing and any new evidence, which was considered by the Planning Board in making its recommendation. 20A.4.7.2 The Board of County Commissioners may also request recommendation(s) from the Agricultural Preservation Board and /or the Economic Development Commission at the Public Hearing. The Agricultural Preservation Board and /or Economic Development Commission shall submit comments to the County Commissioners in accordance to the schedule outlined at the Public Hearing. 20A.5 20A.5.1 Application Submitted to Zoning Officer All applications for amendments to the Zoning Atlas to establish Agricultural Service Conditional Districts shall be in writing, signed and filed, three (3) copies with the Zoning Officer and one copy with the County Manager for presentation to the Board of County Commissioners. The application shall also include twenty -six (26) reduced size (8'/2" x 11" or 11" x 17) copies of the Site - Specific Development Proposal. The Zoning Officer shall, before accepting any amendment application, ensure that it contains all required information, as specified in this ordinance. Applications which are not complete, or otherwise do not comply with the provisions of this ordinance, shall not be accepted by the Zoning Officer, but shall be returned to the applicant, with a notation by the Zoning Officer of the deficiencies in the application. The Agricultural Economic Development Coordinator shall be notified of all AS applications. The Environment and Resource Conservation Department shall be notified of any applications to rezone property located within an Orange County Voluntary Agricultural District AS -CD. 20A.5.1.1 Contents of Application The review process established in this Article provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, AS- CD, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties. Applications to amend the Zoning Atlas to establish an Agricultural Service Conditional District, without limiting the right to file additional material, shall contain at least the following: a) 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, a legal description of the land, and a vicinity map; b) A written statement, which describes in detail the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property; C) A Site - Specific Development Proposal, drawn to scale with the date and north arrow, including: a. The name, address, and phone number of the applicant and the property owner; 20A -16 Attachment 3 17 b. The property's boundaries labeled with bearings and distances, and total acreage; c. The current zoning classification (s) to the property and all adjacent zoning and existing adjacent land uses; d. Proposed use of all land; e. The location of all existing and proposed structures, including the height and total square footage; f. Information on the scale of buildings relative to abutting property; g. All public and private roads, all existing easements, reservations, and rights -of -way, with all existing and proposed points of access including evidence of preliminary approval from NCDOT for driveway permit(s) h. Generalized traffic, parking, and circulation plans and Traffic impact study as required by Article 13; i. Location of significant trees and generalized representation of landscaping requirements -- buffers and screens; j. Streams, stream buffers, FEMA floodplains; k. Location of public services or suitable soils for well and septic along with evidence of preliminary approval from Environmental Heath; and I. The location, number and general dimensions of proposed signage. d) The manner in which the proposed Zoning Atlas amendment will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof; e) All other circumstances, factors and reasons which the applicant offers in support of the proposed Zoning Atlas amendment. 20A.5.1.2 Waiver of Application Requirements There may be cases where the type of use or scale of the proposal makes providing specific information unnecessary or impractical. In those cases the Zoning Officer or Board of County Commissioners has the authority to waive that requirement provided that the request is submitted in writing stating the reason for such request, and the spirit and intent of this ordinance is adhered to. 20A.5.1.3 Neighborhood Information Meeting As part of the application procedure for conditional districts, the applicant shall schedule and hold a Neighborhood Information Meeting. The applicant shall obtain addressing information and mail notices of the meeting to each owner of the property within five hundred (500) feet of the property to be rezoned. The Neighborhood Information Meeting shall be held a minimum of fourteen (14) days prior to the Planning Board meeting. Notices shall be mailed by first class at least ten (10) days prior to the date of the meeting. At the meeting, the applicant will be available to answer questions about the proposed AS use Planning Department Staff shall explain the County's conditional district zoning process and identify the meeting dates of the Planning Board, Agricultural Preservation Board, Economic Development Commission and Board of County Commissioners at which neighboring property owners may speak with regard to the specific concerns and /or issues. 20A.5.2 Zoning Officer Prepares Analysis and Recommendation ! Attachment 3 18 The Zoning Officer shall 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 (and others as directed by the County Commissioners). 20A.5.2.1 When considering any petition to reclassify property to an AS -CD the Zoning Officer shall consider the following: a) Whether the proposed reclassification is consistent with the purposes, goals, objectives, and policies of the adopted Land Use Element of the Comprehensive Plan and any amendment to that plan through an adopted district or area plan covering the subject property; b) Whether the proposed reclassification is compatible with the overall character of existing development in the immediate vicinity of the subject property; C) The adequacy of public facilities and services intended to serve the subject property, such as but not limited to roadways (subject to a NCDOT driveway permit(s)) and police and fire protection; d) Whether the site, if not in an area subject to public services, has suitable soils for well, septic and a septic backup area; e) Whether the proposed reclassification will adversely affect a known natural area, historical, archaeological or cultural resource. 20A.5.3 Applications for Amendment -Joint Planninq Area Applications to amend the Orange County Zoning Atlas to rezone parcels in the Rural Buffer to AS -CD shall follow the Courtesy Review Process as specified in the Joint Planning Agreement adopted November 2, 1987. 20.5.4 Referral of Amendment Application to Planning Board and Others The Zoning Officer shall submit any application for amendment to the Zoning Atlas, for AS -CD to the Planning Board, Agricultural Preservation Board and /or Economic Development Commission for consideration and recommendation to the Board of County Commissioners. Once the application is deerned complete, the Zoning Officer shall place the rezoning request on the agenda for the next regular meeting(s) for the Planning Board, Agricultural Preservation Board and /or Economic Development Commission. Applications to rezone property within the Rural Buffer to AS -CD shall also be submitted to the towns of Chapel Hill and Carrboro as part of the Courtesy Review Process 20A.5.5 The Board of County Commissioners Shall Hold A Public Hearing Subsequent to the meeting(s) of the Planning Board, and Agricultural Preservation Board, the Zoning Officer shall forward the application materials to the Board of County Commissioners along with draft minutes and comments from the advisory boards. 20A -18 Attachment 3 19 Comments from the towns of Chapel Hill and /or Carrboro regarding applications to rezone parcels subject to the Courtesy Review Process as specified in the Joint Planning Agreement, in accordance to Section 20A.5.4, shall also be forwarded to the Board. The Board of County Commissioners shall hear applications for amendments to the zoning atlas to establish AS -CD in a Public Hearing at any of the County Commissioners' regular meetings, so long as the provisions for published and written notice in sections 20A.5.6 have been met, The Board of County Commissioners may invite the Planning Board, Agricultural Preservation Board and /or Economic Development Commission to participate in the public hearing for AS -CD applications. 20A.5.6 Public Hearing and Notice Thereof 20A.5.6.1 A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty -five (25) days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 20A.5.6.2 The Zoning Officer in the case of amendments to the zoning atlas shall post on the applicant's affected property a notice of the public hearing at least ten (10) days prior to the date of said hearing. 20A.5.6.3 In the case of amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and all adjacent property owners not less than fifteen (15) days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within five hundred (500) feet of the affected property. If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within five hundred (500) feet as provided above. The Zoning Officer shall certify the mailing of all such notices to the Board of County Commissioners. 20A.5.7 Action at or Subsequent to Public Hearing The Board of County Commissioners shall decide at the conclusion of the public hearing to approve, approve with conditions, or deny the application to amend the Zoning Atlas to establish the Agricultural Service Conditional District. 20A.5.7.1 The County Commissioners may chose to continue the public hearing to gather additional information and /or to request formal recommendation(s) from the Planning Board, Agricultural Preservation Board and /or Economic Development Commission on the application, The Planning Board, Agricultural Preservation Board and /or Economic Development Commission shall submit comments to the County Commissioners in accordance with the schedule outlined at the hearing. 20A -19 Attachment 3 20 The County Commissioners shall conclude the public hearing at their next regular meeting or within forty -five days. At the conclusion of the public hearing, the County Commissioners shall approve, approve with conditions or deny the rezoning petition,. 20A.6 Withdrawal of Application An applicant may withdraw his or her application at any time by written notice to the County Manager. However, any withdrawal of an application after the giving of the first notice as required in Section 20A.4,6 for a general rezoning to AS or in Section 20A.5.6 for a conditional district rezoning to AS -CD shall be considered, for the purposes of Article 20A, a denial of the petition. 20A.7 Effect of Denial on Subsequent Petitions When the Board of County Commissioners shall have denied an application or the application shall have been withdrawn after the first notice of the public hearing thereon, the Board of County Commissioners shall not receive another application for the same or similar amendment, affecting the same property or a portion of it, until the expiration of a one year period, extending from the date of denial or withdrawal, as appropriate. 20A.8 Fees Fees for filing application for amendments shall be set by resolution of the Board of County Commissioners. 20A.9 Comprehensive Review of Chapter The Planning Board shall from time to time, at intervals of not more than five years examine the provisions of this ordinance and the location of Zoning District boundary lines and shall submit a report to the Board of County Commissioners recommending changes and amendments, if any, which are desirable in the interest of public health, safety, and general welfare, mindful of the intent expressed in Subsection 20A.1,. 20A -20 .i= (M ru N O ca (U . 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