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HomeMy WebLinkAboutFiddlehead_BOCC_staffItems 5a : “Fiddlehead Corner” Proposal Unified Development Ordinance (UDO) Text Amendments Comprehensive Plan Future Land Use Map (FLUM) and Text Amendments Zoning Atlas Amendment to Master Plan Development – Conditional District BOCC Public Hearing February 4, 2025 1.Staff Presentation (on all items) 2.Applicant Presentation 3.Questions from the Board 4.Public Hearing 5.Board Deliberation and Action on Four (4) Motions MEETING PROCESS Fiddlehead Corner Proposal •The Zoning Atlas Amendment requires: –UDO Text Amendments to be legal and conforming –Comprehensive Plan Amendments to found “consistent”, as required by State law Recommended Motion •Director recommends that Items 7, 8, & 9 be combined for presentation, public comment, and deliberation purposes. •Three separate sets of two motions will be necessary (6 total motions). Recommended Motion •Director recommends that Items 7, 8, & 9 be combined for presentation, public comment, and deliberation purposes. •Three separate sets of two motions will be necessary (6 total motions). Recommended Motion Recommended Motion CONDITIONAL DISTRICT - Overview Conventional District Zoning Standards must be uniformly applied throughout the County No site-specific, individualized conditions may be imposed Conditional District Zoning Request is use-specific with individualized development conditions and standards Site-specific development plan is part of review and approval process CONDITIONAL DISTRICT - Overview •NC General Statute 160D-703 Zoning Districts •Orange County UDO Section 2.9 Conditional Districts Enabling Legislation •Site plan and development conditions are site-specific. •County and applicant must mutually agree to the conditions. What makes CD rezoning “Conditional”? •Staff and Board recommendations and final approval should be based on consistency with the Comprehensive Plan. Basis of Decision NCGS 160D-701 Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health, safety, and general welfare…. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the local government's planning and development regulation jurisdiction. The regulations may not include, as a basis for denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school. ZONING & LAND USE REVIEW NCGS 160D-703 Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing… a local government may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law… Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances… or the impacts reasonably expected to be generated by the development or use of the site… Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments. ZONING & LAND USE REVIEW 1. Establishment of Use Type Applicant is required to define what type of development and/or land use is anticipated. 2. Master Plan Development A master plan, reviewed and approved by staff in accordance with UDO Sections 2.5 & 6.7, must be submitted and approved prior to any development activity on the parcel. 3. Subject to Conditions of Approval Review and approval allows for negotiation of development standards and may vary considerably from ordinance standards. Room for creativity both from applicant and review authority. CONDITIONAL DISTRICT – Applicant Responsibility and Review Flexibility Application Received •Staff Review •Development Advisory Committee Review •Interagency Coordination Neighborhood Information Meeting •CD Zoning only Planning Board •Public Meeting •Plan Consistency Finding •Recommendation Made to BOCC Board of County Commissioners •Public Hearing •Plan Consistency •Reasonableness Statement •Approval/Denial of Zoning Request REZONING PROCESS Public Notice (signs posted, letters mailed) Morrow Mill Road at Gold Mile LoopAddress • 9739-72-0339PIN • BinghamTownship Haw River UnprotectedWatershed Hands Four Development (H4D) c/o Scott Radway, Radway Design Applicant Fiddlehead Corner Rezoning Application Morrow Mill Road & NC 54 Current Zoning Agricultural Residential (AR) Requested Zoning Master Plan Development (MPD-CD) No proposed Overlay District changes Use: 150 residences in detached single-family, townhome, and multifamily structures; community center; two Family Care Facilities; recreational amenities, including but not limited, to walking trails, pickleball courts, a swimming pool, and a wood shop Surrounding Zoning AR, LC-1, NC -2, GC-4 Fiddlehead Corner Rezoning Application Morrow Mill Road & NC 54 Future Land Use Map Designations Agricultural Residential Land in the rural areas where the prevailing land use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. Rural Neighborhood Activity Node Land focused on designated road intersections within a Rural Residential or Agricultural-Residential area that is appropriate for small scale commercial uses characteristic of "Mom and Pop" convenience stores and gas stations. Fiddlehead Corner Rezoning Application Morrow Mill Road & NC 54 Future Land Use Map Designations Agricultural Residential Land in the rural areas where the prevailing land use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. Rural Neighborhood Activity Node Land focused on designated road intersections within a Rural Residential or Agricultural-Residential area that is appropriate for small scale commercial uses characteristic of "Mom and Pop" convenience stores and gas stations. Fiddlehead Corner Rezoning Application Morrow Mill Road & NC 54 Site-Specific Master Plan Site-Specific Master Plan •Driveway Accesses •Community Wells •Septic System Areas •Stormwater Devices Other Requirements •The zoning amendment application is presently not consistent with either the UDO or the Comprehensive Plan. •Family Care Facilities are not permitted in MPD-CD •MPD-CD is not a permitted zoning district in the Rural Neighborhood Activity Node (RNAN) –Both UDO and Comp. Plan amendments •The RNAN does not include most of the subject property. •The Statements of Consistency (A7) and Ordinance (A9) acknowledge that the proposed amendments will support numerous Comprehensive Plan principles, goals, and objectives •The Statement of Inconsistency (A8) acknowledges that most of the amendments will be in conflict with numerous Comprehensive Plan principles, goals, and objectives. Staff Analysis (Attachment 2) Application Received •Staff Review •Development Advisory Committee Review •Staff Recommendation to Planning Board Planning Board •Public Meeting •Review •Recommendation Made to BOCC Board of County Commissioners •Public Hearing •Approval/Denial of Comprehensive Plan Amendment COMPREHENSIVE PLAN AMENDMENT REVIEW PROCESS Public Notice (signs posted, letters mailed, legal advertisement for Planning Board meeting and public hearing) •Proposed by Applicant: –Map amendment to expand a Rural Neighborhood Activity Node (RNAN) by +- 71.6-acres •From: Agricultural Residential •To: Rural Neighborhood Activity Node –Text amendment to Appendix F: Land Use and Zoning Matrix to allow Master Plan Development – Conditional Districts in RNANs Amendments to Comprehensive Plan FLUM and Appendix F Overview: Agricultural Residential; Rural Neighborhood Activity Node (RNAN) Current FLUM Classification(s) Resource Protection AreaCurrent FLUM Overlay Agricultural Residential; RNAN; Rural Residential; Rural Community Activity Node; Rural Buffer Local FLUM Classifications Proposed Amendment to Comprehensive Plan FLUM FLUM Classification Agricultural Residential Land in the rural areas where the prevailing land use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. Rural Neighborhood Activity Node Land focused on designated road intersections within the rural area that is appropriate for small-scale commercial uses characteristic of “Mom and Pop” convenience stores and gas stations. Resource Protection Area (Overlay) Land designated as Primary Conservation Area which includes wetlands and floodplains, steep slopes, (15% or greater), natural areas, wildlife habitats and corridors, and significant historic and archaeological sites. Overview (continued): Analysis: ¼-Mile radius centered near intersection of Morrow Mill Rd and NC 54 Based on noted assumption, 37% of the parcel acreage within the Node is developed Beyond the labeled non-residential land uses, there are 16 single-family homes within this Node Amend to allow the MPD-CD zoning district within the Rural Neighborhood Activity Node The Matrix links the County’s zoning districts to the future land use classifications. The amendment establishes consistency between the Comprehensive Plan and the Applicant’s request for MPD-CD zoning Proposed Amendment to Appendix F Appendix F: Land Use and Zoning Matrix Analysis: There are 10 RNANs located on the Future Land Use Map (FLUM). Totaling +- 1,166 -acres Based on noted assumption, 48% of the parcel acreage within the RNANs are developed This does not represent the actual impervious development footprint These Nodes have been included on the FLUM since the Land Use Element was originally adopted in 1981 The majority of the developed land uses within the RNANs existed in 1981 Analysis (continued): This map depicts how the RNANs are currently zoned. Zoning Districts within the Nodes include: Agricultural Residential (AR) & Rural Residential (R-1) Local Commercial (LC-1); Neighborhood Commercial (NC-2); General Commercial (GC-4); Existing Commercial (EC-5) While Conditional Districts (CD) are consistent with Appendix F, there is no CD zoning within any of the Nodes The only CD District not currently permitted in the RNANs is the Master Plan Development – Conditional District (MPD-CD) As required under UDO Section 2.3.8, the Planning Director is required to ‘… cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration’. In analyzing this proposal, the Planning Director offers the following: 1.The application is complete in accordance with Section 2.3.7 of the UDO. 2.The proposal to amend Appendix F is supportive of principles/goals/objectives outlined within the Orange County Comprehensive Plan (See Planning Director’s Recommendation section of abstract for specifics). 3.The proposal speaks to changing demographic conditions in the County. 4.The proposal establishes consistency between the Comprehensive Plan and the Applicant’s request for MPD-CD zoning, as part of the Fiddlehead Corners development proposal. 5.The MPD-CD zoning district was originally established to provide a mechanism through which innovative development proposals could move forward for consideration through a legislative land use planning process that was transparent, fair, open, efficient, and responsive. Staff Analysis •Two amendments proposed by Applicant: –Rewrite the MPD-CD District Specific Development Standards to allow MPD- CD zoning districts in Rural Neighborhood Activity Nodes (Section 3.8) –Add “Family Care Home” as a permitted use in the MPD-CD zoning district (Section 5.2) •One amendment proposed by Staff, upon analysis: –Update the statutory reference in the definition of Family Care Home (Section 10.1) Text Amendments to UDO Amend to …and Rural Neighborhood Activity Nodes and Rural Community Nodes, as defined in the Orange County Comprehensive Plan. Amendments to UDO §3.8 (Master Plan Development – Conditional District ) NCGS 160D-907 “Family Care Facility” A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident persons with disabilities. Amendments to UDO 10 and §5.2 (Table of Permitted Uses) NCGS 160D-907 “Family Care Facility” A family care home is deemed a residential use of property for zoning purposes and is a permissible use in all residential districts. No local government shall require that a family care home, its owner, or operator obtain, because of the use, a special use permit or variance from any such zoning regulation; however, a local government may prohibit a family care home from being located within a one-half mile radius of an existing family care home. Amendments to UDO 10 and §5.2 (Table of Permitted Uses) As required under UDO Section 2.8.5, the Planning Director is required to ‘… cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration’. In analyzing this proposal, the Planning Director offers the following: 1.The application is complete in accordance with Section 2.8.3 of the UDO. 2.The proposal is supportive of principles/goals/objectives outlined within the Orange County Comprehensive Plan (See Planning Director’s Recommendation section of abstract for specifics). 3.The amendments can be considered separately. Staff Analysis As required under UDO Section 2.8.5, the Planning Director is required to ‘… cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration’. In analyzing this proposal, the Planning Director offers the following: 4.The Director recommends the proposed amendments to Section 5.2 “Table of Permitted Uses” and Article 10 Definitions. 1.The proposal brings the Orange County UDO in conformance with the intent of NCGS 160D. 2.This use is allowed by right in the 16 conventional and 2 conditional districts zoning districts in which it is currently permitted by-right. 3.Staff recommends approval of Family Care Facility as a by-right use in MPD-CD rather than imposing additional county standards to the use, as presented by the applicant. 5.The proposal also establishes consistency between the Comprehensive Plan and the Applicant’s request for MPD-CD zoning, as part of the Fiddlehead Corners development proposal. Staff Analysis Applicant Presentation County Roles for Review Process Planning Staff •Determine applications’ completeness and analyze amendments in relationship with the stated principles, goals, and objectives of the Comprehensive Plan •Planning Director Recommendations Planning Board •Hear from the applicant, staff, and the public •Review and discuss analysis and staff recommendation •Recommend approval or denial to Board of County Commissioners* Board of County Commissioners •Schedule and hold public hearing to receive application •Hear from the applicant, staff, and the public •Review and discuss analysis and recommendations from staff and Planning Board •Close public hearing •To take action on the application to rezone Planning Board reviewed the rezoning application at its June 6 and July 10, 2024, meetings. As available in the meeting minutes (Attachment 5), the Planning Board voted 9-0 to recommend denial of both the proposed Zoning Atlas Amendment and the Comprehensive Plan Amendment, as presented, based on the analysis provided in the Statement of Inconsistency (Attachment A8). The Planning Board voted 8-1 to recommend denial of the UDO Text Amendments for similar reasons, with the dissenting vote stating the need to address the statutory conformance of the Family Care Facilities use. Planning Board Recommendation •Attachment A3 •Notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel on January 17 , 2025. •Signs posted the subject parcel on January 14 , 2025. •Application information has also been posted on the Planning Department’s “Active Development” webpage. Public Notification Public Notification Public Notification The Manager recommends the Board: 1.Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2.Close the public hearing; and 3.Consider Motions to Approve, Deny or Defer Action on the following four (4) items: 1.Staff-Recommended UDO Text Amendments to the Family Care Facilities language in Section 5.2 and Article 10 (as reflected in the Statement of Consistency (Attachment C4) and UDO Text Amendment Ordinance (Attachment C5)); Recommendation The Manager recommends the Board: 1.Consider Motions to Approve, Deny or Defer Action on the following four (4) items: 2.Vote on the Applicant-Initiated UDO Text Amendments to amend Section 3.8 (consistent with the Comprehensive Plan action, as reflected in the Statement of Consistency (Attachment C2) and UDO Text Amendments Ordinance (Attachment C3)); 3.Vote on the Comprehensive Plan Amendments, as reflected in the attached Resolution of Approval (Attachment B7); and Recommendation (cont.) 4.Vote on the Zoning Atlas Amendment, either: Approving the Statement of Consistency (Attachment A7) and Ordinance (Attachment A9); or Denying the application, including a statement as to why the application is not reasonable and/or not in the public interest (Attachment A8). –When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the [Commissioners]. This statement of reasonableness may consider… (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. Recommendation for Tonight NCGS 160D-605