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HomeMy WebLinkAboutAgenda - 05-23-2005-d1ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WORKSESSION AGENDA ITEM ABSTRACT Meeting Date: May 23, 2005 Action Agenda Item No. D.1 SUBJECT• Rural Enterprises DEPARTMENT: Planning & Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: 1) Questions & Responses Craig Benedict Planning Director ext. 2592 2) Brief Summary of Conditional District Zoning Dianne Reid EDC Director ext. 2326 3) Next Steps Tina Moon Planner II ext. 2583 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: The purpose of this item is to respond to questions and comments from the February 28, 2005 Joint BOCC/Planning Board Work Session on the Rural Enterprises project and conditional district zoning proposal. BACKGROUND: At the February, 2005 Joint BOCC/Planning Board Work Session, staff provided the Board with an update on the Rural Enterprises project, and introduced the idea of conditional district zoning as a potential mechanism to allow farm-related businesses in the rural part of the county. Members of the Board, Planning Board and public had numerous questions about the proposal with regard to the recommended permitting process, the suitability of farm- related businesses in certain sections of the county and the realistic viability of such businesses in the long-term, The Board asked staff to respond to these questions and others (Attachment #1), while clarifying the overall proposal (Attachment #2). The Board also asked staff to consider modifying the farm use categories to separate less intensive farm ventures from large-scale commercial or industrial uses. Staff seeks permission from the Board to see this project through to completion with amendments to the zoning ordinance and revisions to the Land Use Element where required to establish consistency, 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 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 permission to move forward. FINANCIAL IMPACT: There is no direct fiscal impact associated with this discussion. G:1Gurnprehensivu Punning C>iviGH!JE`3gi.~ Public He~rings:PAay 23\Ruril EnLrpris~~s~:Ag°nd2 Abs`rac'. 5-23-O:i doc 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 Gounty; Preparing zoning text amendments; and . Developing revisions to the Land Use Element, where required to establish support and/ar consistency, as part of the forthcoming update. (3:~~Ocmp2li°rsic5 Ptannino UlvAf;EfJE~2DQ5 PuC~iic Hea:inos\h~9ay Z,'.'~RUral EnierprisesU~yenda Abstract 5-2305 doc 3 Rural Enterprises Questions ~ Responses (from the February 28, 2005 Joint BOCC/Planning Board Work Session) Staff has been working on this project for a long time. Is there some way to approve part of the proposal in the short term while continuing to revise some of the other parts? Staff's work on this initiative has focused on three main components: 1) clarifying what a bona fide farm is and what uses are considered "related and incidental fo" a bona fide farm; 2) categorizing different farm related uses for permitting purposes; and 3) developing some sort mechanism to allow farm businesses that are commercial or industrial in character, such as farm machine shops or small processing operations, to occur in the rural parts of the county that are zoned residential. Staff is recommending the introduction of conditional district zoning as a new mechanism for rezoning rural lands for rural enterprises. It would be possible to approve the project in iwo phases: the overall concept and permitting categories as Phase 1 and the mechanism as Phase 2. Prior fo the approval of Phase 2, agricultural uses of a commercial or light industrial character would only be allowed in the rural activity nodes or in the Agricultural Residential Zoning District, subject to a general rezoning to Agricultural Services. This two-phase option would offer an opportunity to put part of the project info motion while continuing to study conditional district zoning or another similar zoning tool, so long as the second phase was adopted in a timely manner. If the first phase of the project, the clarification and categorization, was adopted without the second phase the initiative would likely fall short of the long- term goals set b,y staff--to provide real opportunities for the Local farming community. 2. What is the anticipated permit timeframe for rural enterprises based on this project? How does it compare to the current timeframe from other types of development projects? Will the proposal streamline the permitting process enough to make a difference? The ke,y concept behind this initiative is fo categorize permitting requirements for rural enterprises based on their direct link to agriculture, their intensity, and their potential impact on surrounding properties. The arrows at the bottom of the color progression chart show the approximate processing timeframe for rural enterprises compared with typical development permits. Staff has fried fo set up a permitting system for rural enterprises within the framework of the County's existing development codes. Bona fide farms and their accessory uses will continue to be exempt from County zoning, in accordance to the State General Statutes. The modified site plan, a zoning compliance permit, already exists in the Orange County Zoning Ordinance. Property owners can draw their own site plan so long as it shows the important information-the location of off-road parking, for example--are shown. Planning staff approve modified site plans; the review time should be minimal, particularly if the applicant works with planning and farm agency staff upfront. A standard site plan needs to be professionally prepared, but again, review time should be minimal if the applicant works with planning and farm agency staff to determine what information needs fo be shown on the plan and what, if any, other types of permits (such as state or federal permits linked to agricultural uses) are required. .n.i .. .: !-h~ i i ,if~l I .,. a .'llf~i~ii:: ~ ..~i -.. 6-„rl d.:: 4 Special use permits take more time to review because of the notice requirements for public hearings. Class A special use permits, in particular, can fake six or more months to review because of the quarterly public hearing process. Part of the purpose of this project is to make it easier to establish agricultural-related businesses, and to a certain extent, the permitting schedule outlined in the rural enterprises project should achieve this objective. Simply clarifying which rural enterprises are exempt from zoning, with illustrative examples that local property owners and planning staff can easily understand, will reduce much of the confusion tradifional(y associated with permitting value-added operations. Staff's recommendatfon for conditional district rezoning offers an innovative mechanism to allow commercial farm- type uses in the rural areas, where they are most suited, without conflicting with the underlining residential zoning classification. Any rezoning application, however, is subject to the quarterly public hearing process, which can be lengthy. The Board of County Commissioners may also wish fo consider an alterative to the quarterly public hearing process to allow rural enterprise applications to be considered more quickly, such as an accelerated process for conditional district rezonings. Planning staff could certainly explore such options, at the pleasure of the Board. 3. Who will approve these types of projects? Will the Planning Board and other advisory (related) boards have an opportunity for input? As currently proposed, rural enterprise permits will follow the same approval process as standard development projects. Modified site plans and regular site plans will be approved by planning staff but the more commercial or intense projects will be subject to a Class A or Class 8 special use permit. Class 8 SUPs are reviewed by the Board of Adjustment, Class A SUPs, and requests for rezonings are reviewed b,y the BOCC as part of the quarterly public hearing process. The Planning Board has an opportunity to comment on public hearing matters, and it ma,y be appropriate to ask the Agricultural Preservation Board to comment on certain applications as well. Planning staff ma,y wish to provide annual reports to the BOCC, Planning Board and Agricultural Preservation Board for the first few years after text amendments are adopted to discuss the number and Type of applications that are being submitted and approved. 4. Will the proposal direct new rural enterprises to the areas of the county where they are best suited, or will it allow intense agricultural-industrial operations to occur in the residential parts of the county and lead to nuisance-related issues? How will this proposal work in Joint Planning Areas? Staff's recommendation to develop a conditional district process for rezoning property for specific n~ral enterprises speaks directly fo this issue- Unlike general rezoning, property subject fo the conditional district rezoning process maybe used only for a specific land use(s), based on a site-specific development plan.. For example, a property owner would request that his or her lot be rezoned for a feed store. The rezoning application would include asite-specific development plan for the feed store but no other commercial use. Since applications are site specific, the BOCC can consider the suitability of the proposed use based on its location. In other words, the BOCC could approve a rezoning for a composting and grinding operation in a rural area in northern Orange County and deny a rezoning request for the same use in a developed area of southern Orange County near Chapel Hill. is ,,: u_- ~ ;~ ur.t ~~~. ,._.. , i :~r;,. r~~. _.. Rezonings are legislative decisions, reviewed by governing boards. The application would be considered through a public hearing process, neighbors would receive notice and members of the general public would have an opportunity to comment, If the tract in question were located in a joint planning area, the appropriate governing board(s) would have an opportunity to provide input on the request as welt. 5. How will planning staff ensure that rural enterprises can comply with all other related regulations, such as septic sites, prior to their approval? The rural enterprises project represents the efforts of at least four departments (planning, economic development, soil and water conservation, and cooperative extension) working together to develop a strategy to preserve agriculture in Orange County, The long-term success of this project is dependent on a lasting dialogue between these departments, particularly between the planning department and the local farm agencies, This is a relationship that needs to continue and grow stronger. The procedures outlined in the rural enterprises proposal require applicants pursuing rural enterprises (subject to zoning) fo follow the same review and approval process as applicants pursuing development permits. To ensure that projects can be constructed as designed, planning staff would require the same Level of preliminary approval from other agencies such as Environmental Heath (well and septic) and NCDOT (driveway permits and turn lanes) as it would for development projects. Planning staff would also review projects, to certain degree, with farm agency staff to make sure that proposals comply with all relevant state and federal requirements and would likely request documentation from the appropriate farm agency to this effect. This interactive approach would serve several purposes it would facilitate the planning department's enforcement staff to monitor operations; it would assist planning and economic development staff's efforts to develop a database of value-added farm operations; and perhaps most important, it would improve the relationship between the regulatory branch of county government and the rural community. 6. How would Planning staff monitor these operations and enforce zoning violations? While there would likely be a brief learning curve period, once zoning amendments were adopted and put in place, the zoning enforcement officer would monitor and enforce violations on rural enterprises in the same manner as other development permits. Planning staff would review an existing permit file and determine if the owner was in compliance or not, Planning staff ma,y wish to attach a condition to certain rural enterprise permits that require an annual site visit or an annual report to ensure that farm-related uses continue to meet the conditions of the permit. It may be difficult for planning staff to visit every farm and farm business on a regular basis, but such visits are part of the farm agency staff programs. Zoning enforcement staff could partner with farm agency staff to keep records nn the success of the various farm operations, 7. Is there some way to ensure the long-term success of an agricultural-type business prior to project approval, particularly if the use requires a new building? What happens if the business fails? Can the site be re-used? Farmers across the nation have been looking for ways to diversify and bring in additional income for the last several.years. The permitting procedures outlined in the rural enterprises proposal encourage along-term commitment between planning, economic development, and local farm agency staff to continue to work together to make this initiative successful, Each department has a role to play in the process: planning staff can facilitate the review process but only after economic development and farm agency staff have had an opportunity to work with the applicant to determine the viability of the :clh_i~i b, I'•f{ ~ ~ lu iirr i ii_L1i ~. i.; - i r..i d., project. Traditionally, loans ran be difficult to come by and farmers are unlikely to pursue high-risk ventures. If is unlikely that a farmer will pursue a new operation that requires significant up-front costs, without prior market research. It is more likely That a farmer will begin a new operation on a small scale and slowly expand the operation if if appears to be successful, Many new buildings, constructed for farm-related uses can be modified for another use, if needed. Farmers who request fo have their property rezoned fo allow for a rural enterprise, can always apply for another use if they wish to expand or change their operation. Some of these types of questions can be explored and `Meshed out" more fully once amendments are drafted, Whaf would happen fo a successful accessory use if the bona fide farm went out of business? Perhaps that portion of the farm could be subdivided from the larger tract and rezoned to the specific agricultural use following fhe conditional district process, There are different approaches to handling farm uses; the County ma,y wish to approve amendments to begin the rural enterprises initiative, monitor fhe success of the project for a few years and then consider revisions, rather than eliminating options up front. 8. Can the rural enterprises project dovetail with the proposed Transfer of Development (TDR) proposal? The rural enterprises project and the transfer of development proposal are both tools designed fo preserve farming in Orange County, albeit in somewhat different ways. A TDR program is designed to reduce development pressure around a particular area b,y sending development to a target area, which can better accommodate it, It uses development monies to preserve farmland, Depending on the arrangement, the farmer receives trnancial compensation for transferring (selling) his or her development rights, The rural enterprises project, by contrast, is a program designed to keep farming an economically viable business b,y permitting farmers fo explore more innovative farm operations, Staffs proposal fo allow farmers more value-added options planes no long- term obligations on their land. A TDR program is an agricultural land preservation program; the rural enterprises proposal is an agricultural economic development program. While it ma,y be possible to incorporate a TDR program to encourage a farm processing plant in a rural part of the county, for the most part TDRs are designed to keep development activity away from agricultural lands. The two tools work in parallel tracks: a farmer can sell is or her development rights fo a developer through a transfer of development program and then pursue a rural enterprise. Conditional District Rezoning During the last few years, County staff have received an increasing number of inquiries regarding accessory uses to bona fide farms and related uses that are agricultural in character, Examples include 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 and provide farmers with supplemental income that can be critical to the survival of their farms, They also provide urban and suburban residents with a source for locally grown products and an opportunity to learn about agriculture. Currently, the Orange County Zoning Ordinance provides a process to rezone property from Agricultural Residential (AR) to Agricultural Services (AS), 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. If the rezoning application is approved, the landowner may use his or her property for any of the land uses allowed in the A5 District. Virtually all existing farm operations are located in one of the county's three main residential zoning districts (Rural Buffer (RB), Rural Residential (R1), and Agricultural Residential (AR)), The interdepartmental work group is suggesting that the County adopt conditional district rezoning to provide for agricultural services in rural areas, Using this technique, the Board of County Commissioners would review applications to rezone property using a legislative decision process far a specific development plan. This would allow the Board to consider the appropriateness of the particular planned use and limit approval to that specific use. Unlike the general rezoning, property subject to the conditional district rezoning process may only be used for a specific land use. For example, a property owner could request that his/her lot be rezoned far 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 but no other commercial use, 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 fhe suitability of the use to the particular community. An equestrian tack shop, for example, might make sense in Bingham Township but not in Cedar Grove Township, In summary, staff recommends revising the existing AS floating district so that property owners could apply to have some of their property 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 address the consistency of the new use to the surrounding land uses, Conditional district rezoning appears to be the most appropriate mechanism to allow commercial/industrial farm uses into 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. r7vri ~ cPbnr. _i1;Il 'el:~u llienn :; 2W n i.',~~: li i -I1b1~ ~ .~ v~~!:~ Rural Enterprises Proposed Schedule for Remaining Steps / February 23, 2004: Staff (Dianne Reid) presents summary of project with progress report at Agricultural Summit. / February 23, 2004: Planning Staff presents Information to BOC'C for discussion and input at Quarterly Public Hearing, Presentation to include: project update, proposed land use categories, proposed permitting process for land use categories, new definitions, Reouestdirectign for sending materials to Chapel HIlI & Carrboro regarding ioint planning area courtesy review for activity changes in rura/buffer. If time allows, presentation may also discuss link to land use element update and possible changes to zoning districts. / March-November: Planning & Economic Staff work with County Attorney to develop mechanism to allow farm-related businesses with a commercial or light industrial character to occur in the rural parts of the county-areas that are typically zoned residential. / November 2004: Rural Enterprises project postponed to February 2005 Quarterly Public Hearing. / February 28, 2005: Planning and Economic Development staff introduce conditional district zoning to BOCC and Planning Board as part of Rural Enterprises project status report. May 23, 2005: Planning and Economic Development staff respond to questions and comments from February 2005 Joint BOCC/Planning Board Work Session and request permission to pursue conditional district zoning and begin drafting text amendments, .7une 2005: Interdepartmental work group meets to discuss outcome of worksession with BOCC and Planning Board, Summer 2005: Planning staff draft text amendments to zoning ordinance and consider possible changes to Land Use Element of Comprehensive Plan regarding criteria for rezonings for rural enterprises, Late Summer-Fall: Staff meets with BOCC and Planning Board in one or more informal work sessions to discuss key elements of the draft amendments, Fall 2005: Staff revises the amendments per the BOCC's direction, as needed, Fall 2005: Interdepartmental Group continues to meet, as needed, to discuss draft amendments and proposed revisions, Fall 2005: Staff mails copies of the draft amendments to members of the niche farmer group and other interested citizens, for comments. Fall 2005: Staff presents the draft amendments with the Agricultural Preservation Board, Fail 2005: Consider holding additional outreach meeting with members of the niche farmer group, other interested citizens, APB members and possibly Planning Board members for final comments on draft amendments, Winter 2005-2006: Submit information for Public Hearing legal advertisement and get materials on BOCC agenda, Winter 2005-2006: Planning and Economic Development staff present amendments at Quarterly Public Hearing, (November 2005 or February2006J ~.. ni n,i .:-;'~cnu n. 'i*rL i ~V.u, ilcl in :)&~,~ ,i'"c ~~, r'u.15~ Diu 7ult. :. i '1 d.~r.