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HomeMy WebLinkAboutAgenda - 11-05-2013 - 5f1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 5, 2013 Action Agenda Item No. 5 -f SUBJECT: Legal Advertisement for Quarterly Public Hearing — November 25, 2013 DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Legal Advertisement Perdita Holtz, Planning Systems Coordinator, 919 - 245 -2578 Craig Benedict, Planning Director, 919 -245- 2592 PURPOSE: To consider the legal advertisement for items to be presented at the joint Board of County Commissioners /Planning Board Quarterly Public Hearing scheduled for November 25, 2013. BACKGROUND: The Board of County Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. The following County initiated items are scheduled for the November 25, 2013 Quarterly Public Hearing: 1. Unified Development Ordinance (UDO) Text Amendment to amend the regulations that pertain to home occupations. This item was initiated in conjunction with the Planning Board and suggested during BOCC goal setting sessions. 2. Unified Development Ordinance (UDO) Text Amendment to amend the regulations that pertain to telecommunication facilities. These changes are necessary to ensure the ordinance conforms to recent changes in State law. 3. Unified Development Ordinance (UDO) Text Amendment to amend the regulations that pertain to the Board of Adjustment. These changes are necessary to ensure the ordinance conforms to recent changes in State law. The attached legal advertisement provides additional information regarding these items. The BOCC approved the Amendment Outline Forms for these items at its September 5, 2013 meeting. FINANCIAL IMPACT: Other than advertising costs, which are included in the FY 2013 -14 Budget, there are no direct financial impacts associated with the approval of this item. RECOMMENDATION(S): The Interim Manager recommends the Board approve the proposed November 25, 2013 Quarterly Public Hearing legal advertisement. NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held at the Department of Social Services, Hillsborough Commons, 113 Mayo St., Hillsborough, North Carolina, on Monday, November 25, 2013 at 7:00 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items- 1 . Unified Development Ordinance (UDO) Text Amendment: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Board and Planning Director have initiated an amendment to the text of the Unified Development Ordinance (UDO). Text amendments are proposed to Sections 2.22 Home Occupations, 5.4.3 Special Events, and 5.5.3 Home Occupations. The purpose of the amendments is to change the existing standards to allow for an increase in the number of square feet that can be used for home occupation purposes, increase the number of allowable onsite employees, permit larger scale home occupations in the Agricultural Residential (AR) and Rural Residential (R -1) zoning districts, and allow for the exemption of special events organized or affiliated with a governmental or non - profit agency. Proposed amendments will also modify and clarify existing regulations and definitions associated with home occupations. The amendments also seek to fund a balance between the trend for small home based businesses and the typical character and enjoyment of residential neighborhoods. Purpose: To review the item and receive public comment on the proposed amendment. 2. Unified Development Ordinance (UDO) Text Amendment: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated an amendment to the text of the Unified Development Ordinance (UDO). Text amendments are proposed to Section 2.7.14 Changes to Approved Plans and Section 5.10 Standards for Telecommunication Facilities to incorporate recent changes in State law with respect to the review and processing of applications proposing the development or modification of telecommunication facilities. Session Law 2013 -185, adopted June 26, 2013, established new criteria related to the processing of applications, including: a. Prohibition on requiring information related to the specific need for a proposed telecommunication facility, including the addition of additional wireless coverage or capacity, as part of the application package. K b. Local governments cannot require `proprietary, confidential, or other business information' to justify the need for a new telecommunication facility. c. Limits the fee local governments can collect for a third party consultant to review applications for co- locations. d. Mandatory review timelines /deadlines for local governments to act on co- location applications. The amendments are necessary to ensure Orange County's regulations and processes are consistent with these changes. Purpose: To review the item and receive public comment on the proposed amendment. 3. Unified Development Ordinance (UDO) Text Amendment: In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated an amendment to the text of the Unified Development Ordinance (UDO). Text amendments are proposed to Section(s) 2.5.4 Site Plan Review — Procedures and Timeframes, 2.10 Variances, 2.11 Interpretations, 2.12 Board of Adjustment, and 2.25 Appeals to incorporate recent changes in State law with respect to items reviewed and acted upon by the Orange County Board of Adjustment. Session Law 2013 -126, adopted June 19, 2013, modified and updated procedural and notification requirements for the various applications reviewed by the Board of Adjustment. The amendments are necessary to ensure Orange County's regulations and processes are consistent with these changes. Purpose: To review the item and receive public comment on the proposed amendment. Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Planning Director at least 48 hours prior to the Public Hearing by calling the one of the phone numbers below. The full text of the public hearing items may be obtained no later than November 15, 2013 at the County website www.co.orange.nc.us at the Meeting Agendas link. Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245 -2575 or 245 -2585 and you will be directed to a staff member who will answer your questions. PUBLISH: The Herald Sun News of Orange November 13, 2013 November 13, 2013 November 20, 2013 November 20, 2013