HomeMy WebLinkAboutAgenda - 10-06-20; 6-a - Proposed Amendments to the Town of Hillsborough - Orange County Central Orange Coordinated Area (COCA) Land Use Plan and to the Orange County Comprehensive Plan Future Land Use Map (FLUM) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 6, 2020
Action Agenda
Item No. 6-a
SUBJECT: Proposed Amendments to the Town of Hillsborough/Orange County Central
Orange Coordinated Area (COCA) Land Use Plan and to the Orange County
Comprehensive Plan Future Land Use Map (FLUM)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Resolution Amending COCA Land Use Tom Altieri, Planner III, 245-2579
Plan and Orange County 2030 Tom Ten Eyck, Planner II, 245-2567
Comprehensive Plan Craig Benedict, Planning Director, 245-2575
2. September 30, 2020 Memorandum from Steve Brantley, Economic Development
County Planning Staff Director, 245-2326
PURPOSE: To take action on a County-initiated request to amend the:
• Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA) Land
Use Plan, and
• Orange County Comprehensive Plan Future Land Use Map (FLUM).
The amendments to these long-range plans work together to expand the southern boundary of
the Hillsborough Economic Development area.
BACKGROUND: Orange County and the Town of Hillsborough have been discussing potential
expansion of the Hillsborough Economic Development area for several years as the County
continued work towards investing in a sewer "trunk line", south of Interstate 40 and west of Old
Highway 86, in accordance with its Capital Improvement Plan developed in 2012. With an eye
towards maximizing the use of the sewer line, there is interest in designating additional lands
that could be served via a "gravity sewer line" for non-residential purposes. In addition, Orange
County evaluates the amount of land available for economic development, and due to lands
being developed as the UNC Hospital and Durham Technical Community College over the last
few years, the limited supply in this area was considered for expansion.
At its June 6, 2017 meeting, the BOCC approved amendments to the Water and Sewer
Management, Planning, and Boundary Agreement (WASMPBA) to expand the Hillsborough
Primary Service Area. All parties have since approved the WASMPBA amendment, with the
Town of Hillsborough Board as the last party to approve it in October 2017. Because of
language included in the approval resolutions, the WASMPBA amendment is to become
effective when the joint land use plan is amended to reflect the expanded Urban Service Area
and assigned a future land use classification. Some of these background details, including
notice to the Board when the land use plan amendments would be forthcoming, were included
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as an Information Item on the Board's June 16, 2020 agenda. The link to that Information Item
is: http://server3.co.orange.nc.us:8088/WebLink/0/doc/62679/Pagel.asDx
In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments of the
Unified Development Ordinance, the Planning Director has initiated amendments to the Central
Orange Coordinated Area (COCA) Land Use Plan and to the Orange County Comprehensive
Plan Future Land Use Map (FLUM) in the vicinity of the southern portion of the Hillsborough
Area Economic Development District. The amendments related to COCA affect 17 parcels (in
whole or part) encompassing 84 acres. The amendments related to the FLUM affect 20 parcels
(in whole or part) encompassing 89 acres. The COCA proposed land use category is Suburban
Office and the FLUM proposed category is Economic Development. These related amendments
are being proposed to prescribe the land uses that will be allowed in the expanded area for
Economic Development.
1. The Town of Hillsborough/Orange County Central Orange Coordinated Area (COCA)
Land Use Plan is a joint land use document that defines the locations of future land use
categories to help achieve a desired and coordinated pattern of development over time.
The COCA Land Use Plan includes several urban-style land use categories that are more
specific than those provided in the County's Comprehensive Plan, which covers a much
larger geographic area. Implementation of the COCA Land Use Plan is achieved through
consistency with the County's Comprehensive Plan Future Land Use Map, application of
County zoning, and a coordinated approach to rezoning. The amendment proposes a
"Suburban Office Complex" land use in the expansion area which would designate the
area for office and employment, businesses in a campus setting, and limited supporting
services. The proposed amendment also reflects the expansion of the Town's Urban
Service Boundary consistent with the WASMPBA to provide water and sewer service to
the area. As part of a joint land use plan, this amendment requires approval by the Town
of Hillsborough and Orange County. The Town of Hillsborough has already taken action
and unanimously approved the amendment as follows.
Town of Hillsborough Approval Process:
March 15, 2018 — Town Public Hearing and Planning Board recommendation
March 26, 2018 — Hillsborough Town Board adopted
2. The Orange County Comprehensive Plan Future Land Use Map (FLUM) defines the
location of future land use categories, consistent with any joint land use plans, and is
designed to accommodate a particular combination of general land uses. The FLUM
helps achieve a desired pattern of development over time and is implemented primarily
through zoning. The proposed amendment to this plan would change the expansion area
from a Rural Residential land use to an Economic Development Transition Activity Node,
which would designate the area for light industrial, distribution, office, service/retail uses,
and flex space (typically one-story buildings designed, constructed, and marketed as
suitable for use as offices but able to accommodate other uses such as a warehouse,
showroom, manufacturing assembly, or similar operations).
The County has not initiated any rezoning at this time. Currently, the area is zoned Rural
Residential (R-1). However, approximately 12-acres of a developer initiated and proposed
Research Triangle Logistics Park (RTLP) are located in the amendment area discussed herein.
Any rezoning that comes forward in the future will require a subsequent item on a public hearing
and finding that it is consistent with the plans.
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Planning Board Recommendation: The Orange County Planning Board, at its August 5, 2020
regular meeting, voted 6-4 to recommend approval of the proposed amendments. Clarification
of the motion voted upon was deemed necessary and the Planning Board considered a clarified
motion at its special meeting on August 19, 2020 when the board voted 6-4 to recommend
approval of the amendments. Agenda materials from these meetings can be viewed
at: http://orangecountync.gov/AgendaCenter/Planning-Board-26
Public Hearing: A public hearing was opened on September 15, 2020 and continued without
public comment to September 22, 2020 so that all members of the public signed up to speak on
the RTLP proposal, a separate item on the agenda, would have adequate opportunity to speak
and be heard by the Board. At the September 22 hearing, four (4) people spoke on this item.
Materials from the September 15 and 22 meetings are available
at: https://www.orangecountync.gov/1707/BOCC-Agendas.
Video from the September 22, 2020 meeting and public hearing on this item can be accessed
at: https://www.orangecountync.gov/967/Meeting-Videos.
In accordance with Session Law 2020-3 Section 4.31(a), regarding remote meetings during
declared emergencies, written comments were allowed to be sent for 24-hours after the public
hearing was closed. Comments sent to ocbocc@orangecountync.gov are viewable
at: https://groups.google.com/g/ocbocc?pli=1. The public comment period closed at 9:OOAM
on September 24, 2020. The BOCC will not accept any further public comment.
A RTLP Frequently Asked Questions document, which includes a section on Land Use and
Zoning, was prepared in response to public comments and is available via the following
link: https://www.orangecountync.gov/DocumentCenter/View/12732/Final-Research-Triangle-
Logistics-Park-FAQ?bidld=
Planning Director's Recommendation: The Planning Director recommends approval of the
Resolution contained in Attachment 1, indicating consistency with the County's land use and
economic development goals. Text shown in the Resolution in "Track Changes" format is new
text that was not included in the version received by the Planning Board and provides greater
detail of the County's efforts, over time, to prepare additional area for Economic Development
purposes. Attachment 2 is a Memo from the County Planning and Inspections Director that
includes a Justification Outline for the proposed plan amendments.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for mailed notifications and the required legal
advertisement will be paid from FY2020-21 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process this amendment.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
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environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal
impacts associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve the Resolution
in Attachment 1 amending the COCA Land Use Plan and the Orange County Comprehensive
Plan FLUM, as recommended by the Planning Board and Planning Director.
Attachment 1 5
Resolution#:RES-2020-053
A RESOLUTION AMENDING THE
TOWN OF HILLSBOROUGH/ORANGE COUNTY CENTRAL ORANGE COORDINATED AREA
LAND USE PLAN
ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP
WHEREAS, Orange County has initiated amendments to the:
• Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan,
• Orange County Comprehensive Plan Future Land Use Map, as established in Section 1.7 of
the Orange County Unified Development Ordinance (UDO), and
WHEREAS, the proposed amendment to the Town of Hillsborough/Orange County Central Orange
Coordinated Area Land Use Plan consists of the following:
• Extend the Town's Urban Service Boundary for public water and sewer consistent with previously
approved Water and Sewer Management, Planning, and Boundary Agreement amendment by all
parties, and
•Add the Suburban Office Complex Future Land Use Classification to all or portions of 17 parcels,
totaling 84 acres, located on both sides of Old Highway 86, south of Interstate 40, and
WHEREAS, the proposed amendment to the Orange County Comprehensive Plan Future Land Use
Map consists of the following:
•Amend all or portions of 20 parcels, totaling 89 acres, located on both sides of Old Highway 86,
south of Interstate 40 from Rural Residential to Economic Development Transition. Additionally,
1.64 acres of road right-of-way is included, and
• One overlay land use classification applies in this geographic area (Resource Protection Area). No
modifications are being proposed to the boundary, and
WHEREAS, the following parcels are affected by the Orange County Comprehensive Plan Future
Land Use Map amendment proposal:
Parcel Owner on Record Acreage
Identification Entire or Partial Proposed to
Number Parcel to be be Changed
(PIN) Changed?
9862998894 Partial LANDMARK MANAGEMENT PARTNERS LLC 11.69
9872087570 Partial CHARLENE W HAMLETT 0.03
9872095945 Partial LARRY B LEE 1.64
9872098324 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.45
9872183072 Partial JOE L JERNIGAN 0.02
9872187626 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.98
9872188329 Partial JOE L JERNIGAN and VICKIE R JERNIGAN 1.87
9872191961 Entire JEANINE L DUKE and JAMES N POULOS 1.18
9872193459 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.23
9872196844 Entire MICHAEL WILLIAM SUDYK 3.26
9872198336 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.44
9872286360 Partial REA LANDCOM INC 0.04
9872286779 Partial THEODORE L BRYANT and BEVERLY A BRYANT 0.59
9872292222 Entire THEODORE L BRYANT and BEVERLY N BRYANT 10.18
9872298289 Partial THEODORE L BRYANT and BEVERLY N BRYANT 7.99
9873007189 Entire JOHN JR BOXTER and SHANNON MARTIN 1.06
9873008345 Entire JOSEPH S SHORE and SARAH C SHORE 2.71
9873104230 Entire MICHAEL W SUDYK and GEORGE W SUDYK 4.45
9873104310 Partial BEATRICE S BROOKS 0.72
1
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9873108103 1 Entire MICHAEL WILLIAM SUDYK 3.51 1
WHEREAS, the approved Article 46 '/4-Cent County Sales and Use Tax, effective in April 2012,
allocates 50% of the funds to Orange County Economic Development District initiatives including
infrastructure improvements in the Hillsborough EDD area, and
WHEREAS, Orange County and the Town of Hillsborough have been discussing potential
expansion of the Hillsborough Economic Development area for several years as the County
continued work towards investing in a sewer "trunk line", in accordance with its Capital
Improvement Plan developed in 2012, and
WHEREAS, the proposals have been found to be internally consistent with the 2030 Orange
County Comprehensive Plan or part thereof including, but not limited to, the following:
Objective ED-1.5:
Identify barriers to development of desirable businesses and local businesses, and mitigate
these barriers.
Objective ED-2.1:
Encourage compact and higher density development in areas served by water and sewer. (See
also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.)
Objective ED-2.5:
Identify lands suitable to accommodate the expansion and growth of commercial and industrial
uses in the County.
Objective ED-2.7:
Select industrial sites in Economic Development Areas based on present and planned
supporting systems, such as public water and sewer, access to adequate highway, rail, or public
transportation infrastructures, and minimize detrimental environmental or negative social
outcomes. (See also Water and Wastewater Objective WW-15.)
Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with
the provision of adequate services and facilities and a high quality of life.
Objective LU-1.1:
Coordinate the location of higher intensity / high density residential and non-residential
development with existing or planned locations of public transportation, commercial and
community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed
internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural
resources. This could be achieved by increasing allowable densities and creating new mixed-
use zoning districts where adequate public services are available. (See also Economic
Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-
2.)
Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that
promote the integrated achievement of all Comprehensive Plan goals, and
WHEREAS, the requirements of Sections 2.3 of the Unified Development Ordinance (UDO) has
been deemed complete, and
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Orange County that
the Town of Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan and Orange
County Comprehensive Plan Future Land Use Map are hereby amended as depicted on the attached
maps.
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Upon motion of Commissioner seconded by Commissioner
the foregoing ordinance was adopted this day of
, 2020.
I, Greg Wilder, Interim Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting
held on , 2020 as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of 2020.
SEAL
Interim Clerk to the Board of Commissioners
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Attachment 2
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
MEMORANDUM
TO: Board of County Commissioners
Bonnie Hammersley, Orange County Manager
Travis Myren, Deputy County Manager
CC: Tom Altieri, Comprehensive Planning Supervisor
David Blankford, Planning Board Chair
FROM: Craig Benedict, Orange County Planning & Inspections Director
DATE: September 30, 2020
SUBJECT: Orange County Town of Hillsborough Central Orange Coordinated
Area (COCA)/ Orange County Future Land Use Map (FLUM)
Changing Conditions and Justification Outline
Abstract:
Consistent with section 1.7.3 area plans of the Unified Development Ordinance (UDO)
the comprehensive plan is continually analyzed and updated as necessary, especially in
smaller focus areas coordinated with nearby local governments such as the Town of
Hillsborough (TOH) and the Economic Development District (EDD) near the 140
interstate interchange and old NC 86.
(1.7.3 Area Plans As part of the Comprehensive Plan, area plans may be
prepared which focus on a portion of the County such as a township, a
watershed or an interstate highway interchange. Likewise, technical information
and/or task force reports prepared as part of a plan element or an area plan may
be incorporated as part of the appendix of or as a supplement to the
Comprehensive Plan.)
The collaborative planning with the TOH since 2002 and annual related goals setting
meetings with the Board of County Commissioners (BOCC) and Planning Board (PB)
have provided justification for comprehensive plan amendments as noted in section 2.3
comprehensive plan amendments of the UDO. Specifically section 2.3.2 generally;
subsection outline the rationale for amendments to the comprehensive plan including
the future land use plan map (FLUM) and associated joint planning land use maps
(Orange County/TOH central orange coordinated area (COCA)).
(B) (1) (3) (2.3.2 Generally (A) The Comprehensive Plan shall be so prepared
that all or individual elements and parts thereof may be adopted and/or amended
by the Board of Commissioners. (B) For the purpose of establishing and
maintaining sound, stable, and desirable development within Orange County, the
Comprehensive Plan or portion thereof shall not be amended except as follows:
(1) Because of changed or changing conditions in a particular area or areas of
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the County; (2) To correct an error or omission; or (3) In response to a change in
the policies, objectives, principles or standards governing the physical
development of the County.)
The below outlined list demonstrates the ongoing studies and analysis of conditions (i.e.
That is changed or changing conditions land use, infrastructure, economy, balancing
different goals, etc.) that have prompted minor changes in the land use pattern near the
Hillsborough area EDD.
Justification Outline
• Long and Short range planning
➢ Joint planning with Town of Hillsborough 2002-2020 (ongoing)
➢ Land use locations (heavier traffic nonresidential jobs south of city)
➢ Water sewer capacity and service area (WASMPBA, urban service line)
➢ Transportation and traffic
• Infrastructure Planning (Utility and Roads)
➢ 2012 Orange County Capital Improvement Project (CIP) funding in
Hillsborough Economic Development District (EDD)
➢ Efficient use of public services, promote economic development; Board of
County Commissioners (BOCC Goals)
➢ 2018 Water system to Davis road now operated by Town of Hillsborough
and Town CIP contributions
➢ 2016 Engineering water and sewer analysis for CIP
➢ Close proximity to interstate interchange serviceable by gravity sewer
➢ 1-40 and Churton St/Old 86 State Transportation Improvement Plan (STIP)
➢ Comprehensive Transportation MPO plans
➢ Access Management Plans
• Development potential
➢ Development in area (Waterstone) led a reduction/conversion of economic
development lands to residential, therefore need to adjust expand land
use for more nonresidential.
➢ Floodplain extent in EDD reduced usable development acreage (2016)
➢ Limited perk ability of soils for nonpublic water and sewer areas under
amendment
➢ Not in protected or critical watershed
➢ Need for regional uses including distribution and retail
➢ Expanded EDD area has similar characteristics to adjacent EDD and has
a finite extent due to the ridge line (anti-sprawl limit)
➢ Logistics distribution is more prominent in the economy