Agenda - 11-19-2014 - 5b - Laserfiche WebLink

Browse Search

(Land Use Plan and Agreement) and the County's UDO would expire in six years from their effective dates unless the three local governments each adopt a resolution expressing the governing body's desire that the amendments remain part of the documents. Orange County staff has expressed concerns about including a sunset clause because of questionable legality (the sunset clause would require automatic removal of language from documents /regulations that normally require a public hearing to amend) and because of the impression a sunset clause might give to people who may be interested in developing an agricultural support enterprises use (unless the three local governments vote to keep the language in place, any uses developed under the Agricultural Support Enterprises provisions would be permitted to keep operating, but could not be expanded). Additionally, there is no guidance on what happens after 6 years if the local governments vote to keep the language (is it reviewed every 5 or 6 years thereafter, or does it become permanent after the first review ?) Orange County staff had provided alternative language to the Town of Carrboro (Attachment 2) which the Town discussed but declined to adopt. Prior to this Assembly of Governments meeting, Planning staff members of the three local governments have discussed alternative options that could be considered- 1 . Consider instituting a timing mechanism of some sort, e.g., only "x" number of ASE uses can be established in the Rural Buffer each calendar year (or some other timeframe). 2. Consider instituting an acreage mechanism of some sort, e.g., only "x" number of acres may be used for ASE uses in the Rural Buffer (either annually or absolute). 3. Consider dividing the Rural Buffer into geographic areas and allowing only a specified number of ASE uses (or acres used for ASE operations) in each geographic area. 4. Consider adding only those uses proposed to be permitted by right or with a special use permit in the Rural Buffer (those uses listed in Table 2 of Attachment 3). a. Rezoning property to the ASE -CZ conditional zoning district would not be allowed in the Rural Buffer unless the three local governments decided at a later date to allow this type of zoning in the Rural Buffer. 5. Consider removing additional uses from the ASE -CZ zoning district, as it would be applicable in the Rural Buffer (e.g., remove additional uses from Table 3 of Attachment 3). 6. Some combination of the options above. FINANCIAL IMPACT: There is no financial impact in discussing the proposed amendments and providing feedback to staff. RECOMMENDATION(S): The County Manager recommends that the Boards discuss the topic and provide feedback to staff.