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Agenda - 02-28-2005-c1
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WORKSESSION AGENDA ITEM ABSTRACT Meeting Date: February 28, 2005 Action Agenda Item No. CA SUBJECT: Rural Enterprises DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): 1) Project Summary (p. 3) 2) Conditional District Zoning Overview (p. 6) 3) Samples from Charlotte /Mecklenburg (p. 8) 4) Color Progression Chart (p. 16) 5) Matrix (p. 17) INFORMATION CONTACT: Craig Benedict Planning Director ext. 2592 Dianne Reid EDC Director ext. 2326 Tina Moon Planner II ext. 2583 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336 - 227 -2031 PURPOSE: To update the Board on staff's progress with the Rural Enterprises project, to introduce the idea of conditional district zoning as a new planning construct to allow farm - related businesses in the rural parts of the county, and to seek direction. BACKGROUND: Since the winter of 2002 staffs from several departments have been working on an initiative to provide more income - producing options for local farmers. The key elements of the project have included: • Clarifying what a bona fide farm is (exempt) and what it is not (subject to zoning); • Identifying new agricultural land uses which can offer farmers supplemental income; • Determining which of these uses should require a permit and which type of permit; and • Developing a system to allow farm compatible uses that are commercial or industrial in character to occur in residential zoning districts in a way that is consistent with the Land Use Element. Five attachments are provided to document our progress to date on this initiative. The project Summary (Attachment #1) outlines the impetus behind the project and what we hope to accomplish with the adoption of forthcoming amendments to the zoning ordinance. A key component of this agenda item is the introduction of a new planning construct for Orange County — conditional district zoning. Staff has conducted a considerable amount of research regarding successful agricultural programs and innovative approaches toward land use in other jurisdictions. Based on that research, staff proposes conditional district zoning as a viable method for allowing agricultural related business operations such as processing facilities in rural, residentially zoned districts (AR, R1, RB). Attachment #2 includes a brief summary of conditional district zoning along with suggestions on how to incorporate it within our existing 1,N], 2( 05 11uihh I k.'tnnu, 16, 2'( Ag, Bu,; Oi limn, Allan I, 2 -0_`- do( 2 regulations and policy documents. Attachment #3 provides sample rezoning material from Charlotte /Mecklenburg. The updated Color Progression Chart (Attachment #4) and Matrix (Attachment #5) show the most recent proposal for new uses and permitting procedures. Staff is eager to see this project through to completion with amendments to the zoning ordinance and new sections for the Land Use Element. We realize, however, that there is no purpose in adopting amendments that do not meet their intent, which in this case is to provide additional opportunities for local farmers. We request your review of the attached materials and ask for input and permission to move forward. FINANCIAL IMPACT: There is no direct fiscal impact is associated with this discussion. RECOMMENDATION(S): Planning staff requests permission from the Board to further the Rural Enterprises initiative by: • Developing conditional district zoning as a new planning construct for Orange County; • Preparing zoning text amendments; • Developing revisions to the Land Use Element, where required to establish support and /or consistency, as part of the forthcoming update. a u'I1i, ai,(I Nan" incl "; � t I 1 ?'0h51'U[IIIC l kUT b I 2',,A; II.u. G,tmiiS Agcljda lht mc1' -05doc Attachment 1 Rural Enterprises — Summary Accommodating Agricultural Chance The face of agriculture is changing in Orange County, Since 1960, the pace of growth in the County has accelerated Residential growth is moving into the rural areas at an ever - increasing pace, bringing with it the potential to compromise rural character, increase public service costs, and consume agricultural lands. Like elsewhere in North Carolina, many farmers in Orange County are struggling to survive. Tobacco allotments are being phased out and farmers are attempting to diversify and find new sources of income for their farm operations. A frequently heard anthem among farmers is that in order to have farms, there must be farmers. While land,.use planning cannot rebuild the local farm economy, it can facilitate this transition by revisiting zoning regulations that may impede the efforts of rural property owners to supplement their income with value -added operations, During the last few years, planning staff have received an increasing number of inquiries regarding accessory uses to bona fide farms and related uses that are agricultural in character. North Carolina state statutes exempt bona fide farms and many related uses accessory to the bona fide farm operation from county zoning regulations. The North Carolina General Statutes do not provide a straightforward definition of a bona fide farm, and the description of "bona fide farm purposes" is very broad. It can be difficult to determine which uses are accessory (defined as "incidental and related ") to a bona fide farm and therefore exempt from zoning, and which uses are subject to local land use regulations. It can be even more challenging to decide how to categorize a proposed agriculture- related use that appears to be subject to zoning regulations, but does not fit into any of the permitted land uses in the existing Zoning Ordinance. New Uses and Potential Difficulties Consider some of the new uses coming online that have some sort of link to farming: community supported agriculture, corn mazes, teaching farms, pick- your -own operations, and processing facilities with and without retail sales. All of these uses are related to agriculture. They offer a link between the farm community and the greater community. They provide farmers with the supplemental income that can be critical to the survival of the farms. They also provide urban and suburban residents with a source for locally grown products and an opportunity to learn about agriculture. The location and scale of these types of activities can enhance the rural economy with tourism and new consumers or can lead to long -term land use problems. Farm stands situated along high traffic rural roads, without off -road parking can lead to hazardous conditions for consumers and drivers alike. Animal exhibit areas can produce health issues, Grinding facilities can generate significant noise. It is important to integrate these new rural "hybrid" uses into the framework of the land use plan and regulatory documents using a common sense approach Land use regulations that work for development may not always work for farm -based businesses, The limited number of land uses permitted on one zoning lot may also not be workable for farm - related businesses. The Plan and The Questions Planning, Economic Development, and Farm Agency staff have been working together to examine and revise county regulations regarding farm related uses for over two years. The interdepartmental group has met with local farmers and farm advisory boards for input and recommendations. Planning staff has also shared the project with the Planning Board for formal comments. While much of the effort has focused on developing new use categories and determining appropriate permitting processes, discussion has also extended to the boarder picture: Where should the new agricultural uses be located? Almost all existing farm operations are located in one of the three main residential zoning districts (RB, R1, AR). Is it appropriate for value -added farm enterprises to be located in residential zoning districts or should they be limited to the rural activity nodes? • How does the Agricultural Service Conditional District fit into the picture? How much impact should the size and scale of an operation have on its location? • Does the use create a nuisance for neighboring property owners? Does it lower the value of their property? Is the use inconsistent with the Land Use Element, and, if so, how and to what effect? Are these rural enterprises compatible with suburbanizing parts of rural Orange County? Farm Related Businesses The following three examples of farm - related land use provide a glimpse of the variety of operations and the way that they tend to fit within our existing regulations. Reba and Roses is a small retail garden center located along St. Mary's Road, just outside of Hillsborough. It was permitted through the special use process as a Historic Sites Non - Residential Reuse /Mixed Use based on the historic status of the main house known as Sunnyside (or the John Berry House). Since the operation is not linked to a specific farm, it could not be permitted as an accessory use to a farm. The business operates as a commercial use in a residential area, which is, generally speaking, inconsistent with the County's policy and regulatory documents.. Despite the increase in vehicular traffic, and greater land use intensity than a solely residential land use, most customers and local residents would argue that it works —it does not destroy the residential character of the community, but rather contributes to the farm character of St. Mary's Road while providing a service to Hillsborough and rural residents. 2. The former Wizard's Caldron facility is located on NC Highway 86 North, near the Caswell County line. The approximately 10,000 square foot facility was used to produce and store specialty sauces. A portion of the larger farm tract was rezoned Ell when zoning was put into place in northern Orange County. This allows the existing operation to continue. The existing industrial (EI) status allows existing rural industrial uses to stay in business in an area surrounded by a residential zone. (The existing commercial EC5 zoning district is another zoning classification designed to allow existing ventures to stay in operation. Examples of EC5 uses include country stores, barbershops, auto repair businesses and similar uses commonly found in rural areas.) The Wizard's Caldron business proved profitable, but watershed protection impervious surface regulations limited expansion possibilities so the owner relocated the operation to another county. The business did not appear to negatively impact surrounding residential and agricultural uses. 1 A few years ago, the Nutter family pursued another layer of value -added business to their successful dairy operation and constructed the Maple View Ice Cream Parlor at the corner of Dairyland and Rocky Ridge roads, adjacent to their farm. Viewed as an extension of their dairy farm and milk processing facility, the ice cream parlor was determined "incidental and related" to the bona fide farm and therefore exempt from zoning regulations. While the ice cream parlor is clearly linked to the Nutter's bona fide farm operation, it is also a retail business located in a residential zoning district. Despite the increase in vehicular (and bicycle) traffic, most would agree that the business is an asset to the County. These examples speak to the two key questions regarding value -added farm businesses in Orange County. Can farm businesses be successful and provide income to the owner? Can agricultural uses with strong commercial /industrial components blend into the existing land use plan without generating nuisance complaints or negatively impacting adjacent residentially zoned property? The answer to both questions appears to be yes, although not everyone agrees. Evolution of Land Use Planning Policies Two areas of special concern were highlighted in the introduction of the 1981 Land Use Element and mentioned throughout the plan as recurrent themes -- agricultural preservation and water resources protection. The current efforts of Planning staff to update the Land Use Element reveal that those same two areas remain key issues of concern today. Goal Seven of the 1981 plan, "The continued use of agricultural land and the maintenance of the farming way of life in rural areas as a viable part of the County's economy," spoke specifically to agricultural preservation. As agriculture evolves in Orange County from traditional row crops to more diverse operations, such as organic or specialty farms, land use policies must evolve also or the County will risk losing its remaining farmers and farms Two tools were introduced in the 1981 Land Use Element to provide the rural communities with essential commercial services, the Rural Activity Node and the Agricultural Services (AS) floating zoning district. While the rural nodes were designed to provide locations for some farm related commercial and light industrial uses, they were also designed as the only places appropriate for non -farm related commercial and industrial development —uses such as churches, fire stations, small post offices, schools, and other similar institutional or commercial uses which were not necessarily related to agricultural operations but were critical to everyday living. The AS floating zone was designed to provide a mechanism to allow farm services (such as feed stores and machinery repair) in the agricultural community without disrupting the overall land use plan designations for agriculture and residential uses. While the plan delineated suitable areas for both special designations, property owners interested in pursuing commercial status still have to apply to have their property rezoned to one of the applicable zoning districts. Rezoning applications are considered through the quarterly public hearing process, and are subject to fees. Restrictions linked to the designation, particularly for land within the rural activity nodes, have limited the number of rezonings and thus have limited the success of the program to provide real opportunity to land owners pursuing rural ventures. New Planning Construct - Conditional District Zoning When a property is zoned, all of the uses permitted in the new zoning district apply to the parcel. Another way to zone property is through conditional district zoning, a technique the interdepartmental work group is suggesting for agricultural services in rural areas. Similar to a special use zoning process, the Board of County Commissioners could review applications to zone or rezone property using a legislative decision process for a specific development plan. This would allow the BOCC to consider the appropriateness of the particular planned use and limit approval to that specific use. Objective 7 9 of the 1981 Land Use Element stated, "Encourage agricultural related commercial and industrial uses consistent with the zoning district Agricultural- Services (AS) to locate at activity nodes, but allow their occurrence anywhere in the Agricultural - Residential plan areas." To successfully promote agricultural businesses in otherwise AR, R1 or RB zoning districts, the rezoning process has to become realized. The conditional district zoning approach provides a better way of accommodating the need for agricultural businesses and rural ventures with a commercial component in the rural areas without disrupting the residential character of the zoning district. Land Use and Zoning The Color Progression Chart (Attachment #4) and Proposed Land Use Schedule (Attachment #5) attempt to link the required permitting of rural enterprises to the intensity and potential impact of the use. There is a continuum from bona fide farm activities, which are exempt from zoning regulations, to agricultural industrial uses (e.g , a large -scale equestrian facility), which would require rezoning of either an AS district or an AS conditional district. Attachment 2 Agricultural Services — Conditional District Rezoning Overview 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 Rural 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 (R1), and the Rural Buffer (RB)), using what is called Conditional District Zoning. Unlike general zoning, conditional district rezoning 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 conventional or conditional district — would be reviewed by the BOCC through the quarterly 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. As shown in Attachment #3, 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. 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 conventional 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 Rural Enterprises initiative, by promoting ventures that are consistent with the County's Land Use Plan. ' 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 "CD -AS='and the permitted use Rezoning - Charlotte Mecklenburg Planning Commission Rezoning Petitions Zoning Maps Zoning Ordinance (City) D�artments_ / Planning / Rezoning Attachment 3 Rezoning - Charlotte- Mecklenburg Planning Commission REZONING, WHAT IS IT? Zoning regulations are the rules that determine how parcels of land may be used When owners want to develop or use their property in ways that do not conform to their current zoning regulations, they must apply for a change to their zoning classification, also commonly referred to as a Rezoning. Rezoning Process In Charlotte - Mecklenburg - Volume 8 Charlotte- Mecklenburg Planning Commission 2004 - This brochure describes the process of applying for a rezoning. The process includes: • Submitting a formal application and filing fee • A mandatory meeting between the petitioner and nearby residents, for conditional zoning requests only. • Review and recommendation by Planning Commission staff • An open public forum • A public hearing in front of the elected officials and the Zoning Committee of the Planning Commission • A recommendation from the Zoning Committee • A final decision by elected officials Click on Rezoning Sign to view Rezoning Petitions Charlotte City Council hears and decides upon all requests for rezoning within the City of Charlotte and within Charlotte's extraterritorial jurisdiction (ETJ), ETJ is an extension of the City's zoning, planning and land development standards up to the City of Charlotte's sphere of influence. HOW TO DETERMINE THE ZONING OF YOUR PROPERTY Event Rezon 20051 2004 1 Rezon Summ Distric City C (Coon Neighl Conta, How ti Suppo Rezon QUES Inclo to http:/hvww charmeck.org/ Departments /Plamiing/Rezoning/Home.htm 2 /22/2005 Rezoning - Charlotte Mecklenburg Planning Commission Attachment 3 9 If you want to know your land's zoning classification, you may call or visit the Zoning Division of the Land Use and Environmental Services Department of Mecklenburg County located in the Hal Marshall Building (700 North Tryon Street) at 704/336 -3569 or the Planning Commission Map Room on the eighth floor of the Charlotte - Mecklenburg Government Center (600 E. 4th Street) at 704/336 - 2205, You must know the property's tax parcel number, street address or the property owner's name to determine the zoning classification. The tax parcel number can be found on the tax map, the tax notice, or by visiting the Mecklenburg County Tax Department's website Although the tax information will include details about the zoning classification, the official zoning can only be obtained from the official zoning maps. If needed, a letter verifying the zoning classification may be obtained from the Zoning Administrator's Office, For information on what land uses and development activities are allowed under each zoning classification, see the charts in this brochure or the zoning regulations, The zoning regulations are available at the Planning Commission or by visiting the Charlotte- Mecklenburg Planning Commission's website: www.rezoning.org HOW TO FILE A REQUEST FOR REZONING Petitions for reclassification of property or a text amendment are filed with the Planning Commission accompanied by the fee. No application for reclassification of property will be accepted until it is complete. Application forms, which include a fee schedule, are available at the Planning Commission office or by visiting the website: wvvw.rezoning.org An amendment for the reclassification of property to a conditional zoning 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 owner, or an agent authorized in writing to act on the owner's behalf. To facilitate the process, it is recommended that petitioners meet with Planning Commission staff before submitting an application to discuss how it fits with the appropriate area plan and existing development. WITHDRAWAL AND AMENDMENT OF PETITION Applications may be amended during the approval process, and may also be withdrawn by the petitioner at any time up to the submittal date for the legal advertisement for the petition. After that time, the petitioner may file a request to withdraw the petition with the Planning Director and no portion of the filing fee will be refunded. The City Council shall decide, on the date scheduled for the hearing, whether to allow the withdrawal. If a petitioner withdraws a petition prior to the submittal date for the legal advertisement, one -half (1 /2) of the filing fee will be refunded. Any petition for which a valid protest petition has been invoked shall not be withdrawn unless the protest petition is withdrawn or deemed invalid due to the withdrawal of signatures. http: / /www.charmeck.org/D epartments [ Planning /Rezoning/Home htm 2 /22/2005 Rezoning - Charlotte Mecklenburg Planning Commission Attachment 3 10 WHAT HAPPENS BEFORE THE PUBLIC HEARING Once the Planning staff has received the application and filing fee, rezoning signs are posted on the property at least seven weeks before the scheduled public hearing. These signs include the petition number, website address and a phone number to call for more information. Per City policy, adjoining property owners, property owners within 300 feet of the property and neighborhood leaders within one mile of the property are mailed notices about the public hearing, An Open House Forum is held the month prior to City Council's public hearing. The purpose of the open house forum is to provide an opportunity for discussion between the petitioner and nearby property owners or other interested parties. The conditional zoning process allows particular uses to be established, but only in accordance with specific standards and conditions pertaining to each individual development project, Before a public hearing may be held on a petition for conditional zoning, the petitioner is required to hold a Community Meeting to elicit neighborhood input. The petitioner must file in the Office of the City Clerk and the Charlotte - Mecklenburg Planning Commission a written report of at least one community meeting held by the petitioner. Notice of such a meeting shall be given to the property owners and organizations entitled to notice as determined by city policy. The report shall include, among other things, the following: • A listing of those persons and organizations contacted about the meeting and the manner and date of contact, the date, time and location of the meeting • A roster of the persons in attendance at the meeting • A summary of issues discussed at the meeting, and a description of any changes to the rezoning petition made by the petitioner as a result of the meeting. In the event that petitioner has not held at least one meeting pursuant to this subsection, the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held, The adequacy of a meeting held or report filed pursuant to this subsection shall be considered by the City Council but shall not be subject to judicial review After the meeting is held, the petitioner must submit a written report of the meeting to the City Clerk's office and Planning Commission no later than ten days before the public hearing. If these requirements are not met, the petitioner's case will be deferred. While these other activities are going on, Planning staff prepares an initial analysis and recommendation of the rezoning, which is generally made available to the public one week before the public hearing. This recommendation is based on land use plans adopted by the elected officials and a study of current development patterns in the vicinity of the request. Planning staff also consults with other City and /or County departments to assess the impact on such concerns as transportation, storm water, schools and public amenities http:/hvww.channeck org/ Departments /Plarming/Rezoning/Home.htm 2/22/2005 Rezoning - Charlotte Mecklenburg Planning Commission Attachment 3 11 Rezoning applications and accompanying site plans, staff analyses, Zoning Committee recommendations and the City of Charlotte Zoning Ordinance may be accessed via the Charlotte - Mecklenburg Planning Commission's website: www.rezoning.org PROTEST PETITIONS A protest petition may be filed opposing the rezoning application, requiring that the rezoning pass by a three - fourths majority of the City Council and Mayor, rather than a simple majority (there may be less than a twelve member voting body because a voting member may be excused due to a conflict of interest). A petition protesting any reclassification of property must be signed by the owners of 20 percent or more, either of the area of the lots included in the proposed amendment, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of the opposite lots, The protest petition shall include the signature and address of each protesting property owner and a map showing the location of the property of each owner signing the protest petition in relation to the property that is the subject of the amendment being protested. Per North Carolina State Statute, a protest petition may not be filed against an amendment to an approved conditional plan unless the proposed amendment does any one of the following: (1) changes the types of uses that are permitted; or (2) increases the approved density for residential development; (3) increases the total approved size of nonresidential development; or (4) reduces the size of any buffers or screening. An application form for a protest petition must be properly filled out Details on how to file a protest petition are included on the protest petition form. These forms and instructions are available at the City Clerk's Office (600 E. Fourth Street) at (704)336 -2248, or by visiting the City Clerk's website: THE PUBLIC HEARING Zoning public hearings are held on a regularly scheduled monthly basis. (See schedule at the back of this brochure ) The City Council holds its rezoning hearings on the third Monday of the month, The hearing is also attended by members of the Planning Commission's Zoning Committee. The hearings typically start at 6 p.m and are held in the meeting chamber at the Charlotte- Mecklenburg Government Center. Proponents and opponents of the petition are encouraged to attend, as well as any other interested individuals. Anyone, including petitioners agents, wishing to speak in support of or in opposition to any petition must contact the City Clerk's office (600 E. Fourth Street) at 704 - 336 -2248 or via fax at 704 -336- 7588 and be added to the list of speakers. The following procedure is customarily followed: • Planning staff presents a brief report explaining the request and describes the land uses and zoning classifications in the surrounding area and the nature of the rezoning request. • The applicant and other individuals who support the request are allowed a total of 10 minutes to present their comments in favor of a request. http: / /www charmeck.org/ Departments / Planning /Rezoning/Home.htm 2 /22/2005 Rezoning - Charlotte Mecklenburg Planning Commission Attachment 3 12 • Individuals who oppose the request are then allowed a total of 10 minutes to present their comments against the request. • Proponents are then allowed two minutes in rebuttal, • If there is no opposition to the request, and the elected officials have no questions for staff, the normal hearing procedures are waived. If the petitioner wishes to address the elected body, a total of three minutes is allowed. Both proponents and opponents may use visual aides and distribute handouts to the elected officials and Zoning Committee members, Because of the limitations on speaking time, large groups are encouraged to designate one spokesperson for their point of view. City Council may not vote on conditional rezonings during the period between the date of a municipal election and when the new body is sworn in This generally encompasses the first week of November through the first week of December. However, the rezoning may be approved if no one spoke against it at the public hearing and no valid protest petition was filed. If a valid protest petition is filed against a conditional rezoning originally scheduled for a public hearing in a municipal election year between October 1 and when the new Council takes office, both the public hearing and decision are postponed until the new Council is sworn in FINAL STEPS After the public hearing is held, the Zoning Committee of the Planning Commission makes a recommendation to the appropriate elected body in a public meeting held on the fourth Wednesday in the same month as the public hearing, This committee is made up of citizens who have been appointed to the Commission by City Council, County Commission, Charlotte - Mecklenburg School Board or the Mayor of Charlotte. Although this is a meeting and not a hearing, the petitioner and proponents and opponents of the rezoning are encouraged to attend and be available to answer questions. Anyone may file a written statement of rebuttal or support to the staffs analysis or the Zoning Committee's recommendation A total of thirty -one (31) copies are required to be hand delivered or mailed to the Planning Commission's office no later than 12 P.M noon, on the Friday prior to the scheduled date for decision, which is typically the next regularly scheduled rezoning meeting Decisions on rezonings are rendered by the City Council at the regularly scheduled rezoning meeting in the next month after the Zoning Committee recommendations are made, which is typically on the third Monday of the month AFTER THE DECISION A petition for reclassification of property or amendments to the text of these regulations that has been denied in whole or in part or approved to a classification other than the one originally requested, shall not be http: / /www.charnneck org/ Departments /Planning/Rezoning/Home.htm 2/22/2005 Rezoning - Charlotte Mecklenburg Planning Comnrission Attachment 3 13 resubmitted within two years of the date of the City Council's action on the original petition except if one or more of the following guidelines have been met: (a) there has been a similar or more intensive change in the zoning district classification of an adjacent property ; (b) the City Council has adopted a public policy plan, including area plan, district plan or transportation plan that changes public policy regarding how the property affected by the amendment should be developed; (c) construction or expansion of a road, water line, sewer line, or other infrastructure has occurred to serve the property and which infrastructure can accommodate the intensity of development allowed under the proposed classification; (d) there has been some other substantial change in conditions or circumstances which justifies waiver of the two -year restriction on a new petition; this shall not include a change in the ownership of the subject property or, in the case of a petition for reclassification to a conditional district or parallel conditional zoning district, a change in the scale or features of the development proposed in the prior petition. A lower classification in the hierarchy of zoning districts may be sought. A legal challenge to an approved rezoning petition must be filed in Superior Court within two months of the governing body's action If you have questions or need more information regarding any step of the rezoning process, contact the Planning Commission office at 704/336 -2205. Please visit our Web Site: )A .rezoning.org The Mecklenburg County Zoning Administrator's Office is the Department that handles the enforcement and interpretation of the City of Charlotte Zoning Ordinance. To visit their Web Site; Zoning Adminstrator Web Site For more information regarding the Rezoning Process Please contact: Sonia Sanders Charlotte - Mecklenburg Planning Commission 600 East Fourth Street (8th Floor) Charlotte, North Carolina 28202 (704) -336 -8310 Home I Business I eServices I Government I Visitors Jobs I Contacts I Departments I Site Help I Privacy Policy ' "Official City of Charlotte & Mecklenburg County Government Web Site' http: / /www. charmeck. orgN epartments /PlanDing/Rezoning/Home,htm 2/22/2005 OFFICIAL REZONING APPLICATION CITY OF CHARLOTTE Complete All Fields OWNERSHIP INFORMATION: Property Owner: Owner's Address: Attachment 3 FY2005 Petition tt Date Filed. Received By City, State, Zip: Date Property Acquired: Utilities Provided: (Water) (Sewer) (CMUD. Private. Other) (CMUD. Private, Other) LOCATION OF PROPERTY (Address or Description): Tax Parcel Number(s): Current Land Use: Size (Sq Ft or Acres): ZONING REQUEST: Existing Zoning: Proposed Zoning: Purpose of Zoning Change: (Include the marinnmi k ojresidernial units or non- residential square.footages). IE ame of Agent Agent's Address City, State, Zip Telephone Number Fax Number E -Mail Address Name of Petitioner(s) Address of Petitioner(s) City, State, Zip Telephone Number Fax Number E -Mail Address Signature of Property Owner if other than Petitioner Signature Attachment 3 15 Any Petitioner filing for rezoning is required to discuss the proposal with a CMPC Land Development staff member at least one week prior to the filing of the petition. Upon submittal of the petition, all required items must be verified by a CMPC Land Development staff member before an application is considered completed and filed for processing. Incomplete applications are not accepted and will be returned to the petitioner. No applications will be accepted after the closing deadline for each month's cases. There is a limit of 16 cases per month. Prior to the filing of a Conditional District Rezoning Petition, it is strongly encouraged that a preliminary site plan be submitted to the Planning Staff for review and recommendation There is no fee for preliminary plan review. The preliminary plan must include items 6(a), 6(c), 6(d), and 6(e) listed below (5 copies are required for interdepartmental review ) CONVENTIONAL REZONING APPLICATION FILING REQUIREMENTS: 1 Two signed official applications; 2. If only a portion of a lot is being rezoned, and /or if the rezoning boundaries do not follow property lines, and/or if there is more than one requested zoning classification; submit 2 survey maps & t metes and bounds description delineating the property or area in question, otherwise only a current Tax Parcel Number(s) is required; 3 A Filing Fee (See Fee Schedule below); 4. Within 30 days of the application filing deadline, a "determination" as to the presence of jurisdictional wetlands on the site. If not provided the public hearing can be automatically deferred. 5. A Tree Survey, if one is required by Section 21 -11 of the City of Charlotte Tree Ordinance CONDITIONAL DISTRICT REZONING APPLICATION FILING REQUIREMENTS: Items 1 - 5 listed above are also required: 6 Twenty -five (25) copies, folded 8%" x I I ", of a schematic site plan, drawn to scale and at a maximum of 24" x 36 ", (maps for presentation purposes can be larger), which includes the following items. (20 copies are needed for interdepartmental review): (a) A boundary survey showing the total acreage, present Zoning classification(s), date, north arrow, and vicinity map; (b) Signature of All subject property owners is required (c) All existing easements, reservations, and rights -of -way, and all yards required for the Zoning district requested (show setback, side and rear yard requirements for proposed Zoning district); (d) Proposed use of land and structures: for residential uses, this shall include the number of units and an outline for the area within which the structures will be located; for non - residential uses, this shall include the total square footage of structures and an outline of the area within which the structure will be located; (e) Traffic, parking and circulation plan, showing proposed locations and arrangements of parking spaces and entrance and exit to adjacent streets (show existing drives opposite proposed project); (f) Proposed screening, including walls, fences, or planting areas, as well as treatment of any existing natural features and any proposed buffers or landscaped yards at the project boundary . (g) Generalized information as to the number, height, size, location of structures and any proposed phasing. (h) Clearly delineate the rezoning boundary area Clearly differentiate between two or more proposed zoning classifications (i) Delineation of areas within the regulatory floodplain as shown on the official Charlotte flood areas map and delineation of SWIM buffers. (j) Topography at four -foot contour intervals or less (existing and proposed); (k) Schematic site plan must be titled with project plan and proposed use; (I) List of additional conditions proposed to regulate the development of the site (m) If a Community Meeting is required, the City Council requests that a notice of that meeting be sent to them. (n) A report on the community meeting with appropriate parties is required to be filed in the Charlotte City Clerks Office at least ten days prior to the public hearing. Failure to meet the deadline will result in an automatic deferral of the Public Hearing. * ** Note: Revised and corrected site plans are due Four Weeks prior to the scheduled Public Hearing. Failure to meet the deadline can result in an automatic deferral of the Public Hearing. CITY OF CHARLOTTE REZONING FILING FEES: Effective July 1, 2004 CONVENTIONAL CONDITIONAL DISTRICT DISTRICT REQUESTED APPLICATION FEE APPLICATION FEE Single Family Residential: $ 1,015.00 $ 1,320.00 Multi- Family or Institutional: $ 1,210.00 $ 1,620.00 All Other Districts: $ 1,595.00 $ 2,220.00 To check the status of a Rezoning Petition, Please Visit our Web Site: www.rezoning.org Fee due upon submittal of application payable by check or money order to the Charlotte- Mecklenburg Planning Commission L iT Q) a. 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