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Agenda - 04-05-2011 - 7a
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Agenda - 04-05-2011 - 7a
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Last modified
2/21/2012 3:53:44 PM
Creation date
4/1/2011 11:23:09 AM
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BOCC
Date
4/5/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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Minutes 04-05-2011
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2011
ORD-2011-013 Unified Development Ordinance and Repeal All Existing Ordinances See ON line Version
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2011
RES-2011-032 Resolution Adopting a Unified Development Ordinance and Repeal All Prior Existing UDO Ordinances
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\Board of County Commissioners\Resolutions\2010-2019\2011
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90 <br />~F~'T ~ ~ <br />~ This UDO proposal is complicated and challenging to understand and the stars did their <br />2 best to answer our questions. <br />3 <br />4 The staff reassured us that this new proposaC merely repackages the existing ordinance <br />5 with new terminology. However in studying the proposal fiurther, we find there are many <br />~ areas where the replacement of general use districts with conditional districts would <br />7 bring about a new process and potentially dififerent results from the current ordinance. <br />~ Conditional Use can be a valuable tool because case specific conditions can beset by <br />9 the elected board. However, it is not a tool to be placed everywhere, such as in the rural <br />~.~ huffier ar watershed critical areas, or in many areas where zoning changes are not <br />~~. apprapr[ate. [t would be most desirable in areas where large scale economic <br />~2 development is determined to be desirable by the community. <br />13 <br />~4 In addition, the conditional use zoning pro,pvsed here to apply to the entire County <br />~5 outside the municipalities, would undercut the Comprehensive Plan and zoning map <br />~6 which serve as a structure fior the collective aspirations of the County. The County <br />17 Commission would be compelled to exercise far mare discretion on the appropriateness <br />1 ~ ofi uses and the application of overlay zones, such as the Critical watershed Overlay <br />~9 Districts in any given area. we believe the public would be frustrated in this <br />20 unpredictable environment and fiind the process much less transparent. <br />2~ <br />22 I will share an experience relevant to your deliberations. In November ofi X008 the <br />23 Chapel Hill Council, considered a Land Use Management Ordinance Text amendment <br />24 that would create additions to a special residential conditional district zoning in order tv <br />25 have a new too[ to increase densities and economic development in certain areas in <br />26 Town. This Conditional Use District zoning was to have applied within 5 zones, including <br />27 the Downtown. The applicant would request this zone, and the Council would decide ifi <br />Z~ an applicant's request met certain goals, such as affordable housing, transportation, <br />29 protection ofi the natural environment, protection of neighborhoods and the promotion of <br />3g economic vitality, In addition, a special use permit was required to accompany the <br />3 ~ application. <br />32 <br />33 Chapel Hill. citizens expressed considerable concern about the areas chosen for these <br />34 conditional use~districts and the possibility that a conditional use district could be <br />35 approved near them. Further, citizens said that the Chapel Hill community had not yet <br />3~ decided within a comprehensive planning process where such ~ l5°/° density increases <br />37 belonged, or ifi the infirastructure needed to~support such densities was available in the <br />3~ selected zones. <br />39 <br />44 The Council agreed with citizen concerns. On November ~4, X008, the Council voted to <br />4~ amend the Conditional Use District to permit added flexibility and densities, but voted to <br />42 apply it only to the Downtown District. Mayor Fay made the point that was the one area <br />43 where the community agreed densities belonged. The videotape is available here: <br />44 htt .litho elhill. ranicus.comlMediaPla er, h ?vievrr id~7&cli~ id=3~6 <br />45 <br />4~ we believe three lessons can be learned firom Chapel Hill's experience: <br />47 Communities need to agree on where density belongs before new zones and <br />4~ districts are approved. <br />49 Residential and Commercial uses don't have to be combined in one zone. <br />50 Citizens and developers want predictability in how their community grows. <br />5~ <br />
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