HomeMy WebLinkAboutAgenda - 09-08-2014 - C4ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 8, 2014
Action Agenda
Item No. CA
SUBJECT: Unified Development Ordinance Text Amendment Requiring Neighborhood
Information Meetings for Special Use Permit Applications
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
PUBLIC HEARING: (Y /N) Yes
INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael D. Harvey, Planner III (919) 245 -2597
Development Ordinance Outline Form Craig Benedict, Director (919) 245 -2575
(UDO & Zoning 2014 -12)
2. Proposed UDO Text Amendments
3. Process Review Chart and Timeline
PURPOSE: To hold a public hearing on Planning Director initiated Unified Development
Ordinance (UDO) text amendments to require a neighborhood information meeting for all
Special Use Permit applications.
BACKGROUND: At the May 27, 2014 Quarterly Public Hearing concerns were expressed by
BOCC members over the notification process associated with the review of a Special Use Permit
(SUP) application. Specifically the question was asked why a Neighborhood Information Meeting
(NIM) was not required for all SUP applications.
A NIM is a meeting allowing local property owners /residents to meet with the applicant to hear a brief
presentation on the nature of the proposed development. Staff attends the meeting to explain the
process by which a given project is reviewed. Currently a NIM is required for major subdivisions,
Conditional Use and Conditional Rezoning applications, as well as the development of land uses
categorized as being within the `Government Uses' land use category as detailed with Section 5.2.1
Table of Permitted Uses of the UDO.
Staff is proposing to amend the UDO to require a NIM for all SUP applications. The meeting will be
held in a minimum of 30 calendar days before the public hearing, where the project is reviewed, in an
effort to inform local property owners of the project and provide educational information on the nature
of the proceedings.
For those non -SUP items requiring a NIM (i.e. Major Subdivisions, Government Uses), the timeframe
for holding the meeting is currently 14 days prior to its review by an advisory board (subdivision) or
submittal of an application (government use) for processing. Staff is suggesting a NIM related to a
SUP application be held 30 days prior to a public hearing because of the nature of the application
(i.e. quasi-judicial) requiring expert testimony.
For additional background please refer to Attachment 1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Receive the application,
2. Conduct Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the County Board of Commissioners in time for the November 18, 2014 BOCC
regular meeting.
4. Adjourn the public hearing until November 18, 2014 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2014 -12
Require a Neighborhood Information Meeting for all Special Use Permit Applications.
A. AMENDMENT TYPE
Map Amendments
❑ Future Land Use Map-
From -
To:
❑ Zoning Map-
From -
To:
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s):
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Dection(s): 1. Section 2.7 Special Use Permits,
2. Section 2.9.1 (D) Neighborhood Information Meeting —
Conditional Use Districts, and
3. Section 5.10 Standards for Telecommunication Uses.
❑ Other:
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
1
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to require a Neighborhood Information Meeting (NIM) be
held for all Special Use Permit (SUP) applications prior to the scheduling of a public
hearing. The proposal would also modify the timeline for the holding of a NIM for
Conditional Use applications.
Originally staff had anticipated amending existing NIM requirements for Conditional
Zoning District (CZD) applications, as detailed within Section 2.9.2 (D) of the UDO.
Staff determined, however, there was no need to revise existing timelines as CZD
applications are not reviewed through the quasi - judicial hearing process (i.e.
requiring sworn testimony and competent material evidence) and there was no need
to provide additional time to adjacent property owners to understand the review
process or prepare for the public hearing.
At the May 27, 2014 Quarterly Public Hearing several BOCC members expressed
concern over the lack notification /information on SUP applications in advance of a
scheduled public hearing.
The review of SUP applications are carried out in a quasi - judicial process requiring
the presentation of sworn, expert, testimony and competent material /substantial
evidence by both those in favor and in opposition to a given application. Decisions to
approve or deny an application are based on this evidence. Hearsay or
unsubstantiated opinions are not sufficient testimony.
Currently, the SUP review process requires adjacent property owners receive written
notice of a public hearing, via certified mail, a minimum of 15 days prior to a
scheduled public hearing. Given the complexity of the review process the concern is
this is insufficient time to allow for adjacent property owners to gather information, or
secure the necessary experts, to effectively participate in the review process.
At the public hearing staff recommended amending the existing permit review
process for future SUP applications to require the holding of the aforementioned
meeting in an effort to inform local property owners of the project and provide
educational information on the nature of the proceedings, including detail on what
constitutes `competent material evidence and testimony', and the required findings
that have to be made to issue a permit.
2. Analysis
As required under Section 2.8.5 of the UDO, 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 by the Planning Board and the Board of
County Commissioners'.
The amendments are necessary to ensure Orange County residents and property
owners are provided advance notice of submitted SUP applications, have an
opportunity to review the project before a scheduled public hearing, obtain an
understanding of the required review and approval processes, and have sufficient
time to gather information and /or secure experts to aid them in the review of the
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project.
Staff hopes to accommodate the NIM within existing review processes /timelines. The
worst case scenario, however, is that the current review process will be extended by
30 days to accommodate the meeting.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6 — A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
N/A
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
June 17, 2014
b. Quarterly Public Hearin
...............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
September 8, 2014
c. BOCC Updates /Checkpoints
June 17, 2014 — BOCC members approve the legal advertisement for the
September 8, 2014 Quarterly Public Hearing.
STAFF COMMENT: the BOCC authorized staff to move forward with the
proposed amendments consistent with the timelines identified herein.
July 2, 2014 — Planning Board Ordinance Review Committee (ORC)
STAFF COMMENT: the ORC reviewed this item at its July 2, 2014
meeting where the following comments /questions were made:
• Will this increase the cost of an Special Use Permit application?
STAFF COMMENT. Yes. The applicant will have to pay for an additional
mailing notifying residents of the NIM. Approval of this amendment will
require an amendment to the Orange County Fee Schedule to capture this
fee.
• How will this amendment impact applications for telecommunication
towers?
STAFF COMMENT. Currently property owners within 1,000 feet of a
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parcel of property where a telecommunication tower is proposed are
notified of a balloon test. This test, which occurs anywhere from 6 weeks
(Class B application — 75 to 199 ft. tall tower) to 11 weeks (Class A
application — 200 ft. and over) prior to a public hearing. The purpose of
this test is to show interested parties how the tower will `look' on the
property by flying a dirigible at the maximum proposed height of the tower.
Staff, who already attends this test, intends to utilize this test as serving as
the NIM and will be available to provide information on the process.
Staff will require the applicant to amend the letter notifying applicable
parties of the test, which they are already required to send and pay for,
that the meeting will also serve the function of reviewing the application
review process.
• Who runs the meeting?
STAFF COMMENT. Staff calls the meeting to order to review the
application review process and then turns it over to the applicant to
discuss the project.
September 8, 2014 — Quarterly Public Hearing with this item on the agenda.
November 18, 2014 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
July 2, 2014 — Ordinance Review Committee (ORC).
October 8, 2014 — Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Review of the proposal by the Town(s)
of Chapel Hill and Carrboro consistent
with the Joint Planning Agreement
4
(JPA) as the amendment will impact
projects in the Rural Buffer. Items
were sent on July 31, 2014.
At this time we have received no
written comments. During a meeting
with representatives of the Town of
Carrboro, however, they did not
express a concern over the proposal.
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
® Other: Staff will ask the County's current telecommunication consultant to
review and comment on the amendments as they relate to our
telecom program.
This review is part of their existing contract with the County and will
not result in additional cost.
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
The amendment will require that applicants absorb additional expenditures for
advertisement of the NIM (i.e. certified letters) for all SUP projects as well as their
attendance. The Orange County Fee Schedule will need to be amended to
incorporate these costs.
There will also be an increase in staff workload with respect to preparing, sending out
notices, and staffing the NIM potentially impacting Departmental budgetary outlays.
Staff is continuing to evaluate workload and needs as the process moves forward.
5
D. AMENDMENT IMPLICATIONS
The amendments are in response to concerns related to the processing of SUP
applications, specifically a lack of advance notification to local property owners /residents
of the project. These amendments are designed to promote additional notification of a
SUP project in advance of a scheduled public hearing and provide an opportunity for
local residents to comment on a project as well as receive an explanation on the SUP
review process.
The amendment will require staff to complete more work in a truncated timeframe and,
potentially, reduce the overall review time for a given project. As previously indicated,
staff plans to accommodate the NIM within the current review process. There is,
however, a distinct possibility review timeframes for SUP applications will be altered by,
a minimum, of 30 days.
E. SPECIFIC AMENDMENT LANGUAGE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Please refer to Attachment 2 the proposed language.
Primary Staff Contact:
Michael D. Harvey
Current Planning Supervisor
(919) 245 -2597
mharvey @orangecountync.gov
I-
Attachment 2
Amendment Package Notes:
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text to adopt changes related to the holding of a neighborhood
information meeting 30 days prior to a public hearing reviewing a Special Use Permit
Application:
Proposed additions /changes to existing UDO text are depicted in red underlined text.
Text proposed for deletion is denoted with read strike-through tex
Some of the proposed changes utilize footnotes to provide a brief explanation as to
rationale. Users are reminded that these excerpts are part of a much larger document
(the UDO) that regulates land use and development in Orange County.
The full UDO is available online at: http: / /orangecountVnc.gov /planning /Ordinances.asp
Please note that the page numbers in this amendment packet may or may not
necessarily correspond to the page numbers in the adopted UDO because adding text
may shift all of the text /sections downward.
Please note some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. Text with a large
"X" is not proposed for deletion or discussing during this item.
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Attachment 2 Article 2: Procedures
Section 2.7: Special Use Permits
(4) For Class A Special Uses 26 copies of the site plan, and for Class B Sp al
Uses 10 copies of the site plan, prepared by a registered North Car i a land
surveyor, landscape architect, architect, or engineer, which sha ontain the
information listed in Section 2.5.
(5) he application involves a Preliminary Subdivision P 26 copies of the Plat
prep ed in accordance with Section 7.14 shall b rovided.
(6) A list of al rcels located within 500 feet he subject parcel and the name and
address of ea c roperty owner, as c ently listed in the Orange County tax
records.
(7) Elevations of all structure posed to be used in the development.
(8) For Class A Special es 26 c es and for Class B Special Uses 10 copies of
the Environment ssessment an Environmental Impact Statement, if
required by ction 6.16.
(9) Meth o of disposal of trees, limbs, stumps an onstruction debris associated
w' the permitted activity, which shall be by some ethod other than open
urning.
Statement from the applicant indicating the anticipated deve ment schedule for
the build -out of the project.
(11) Statement from the applicant in justification of any request for vesting a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross - examination
regarding the analysis.
(D) The Planning Director shall not make a recommendation on the general findings detailed
within Section 5.3 of this Ordinance
2.7.5 Neiahborhood Information Meetin
(A) Before a Public Hearing may be held on an accepted application for a Special Use, the
applicant is required to schedule with the assistance of the Planning Department, a
minimum of one neighborhood information meeting. The purpose of the meeting is to
obtain surrounding property owner input and comments on the proposed development
proiect and allow staff an opportunity to explain the review process associated with the
request. T
(B) The applicant shall obtain property owner mailing address information form the Orange
County Planning Department which shall utilize Orange County Land Records data, and
1 During the review of a Class A Special Use Permit application at the May 27, 2014 Quarterly Public Hearing (QPH)
it was suggested there should be a neighborhood information meeting held prior to the public hearing to allow the
developer to explain the project to surrounding property owners as well as allow staff to review the process by
which Special Use Permits are processed (i.e. quasi - judicial hearing procedures). This amendment will address the
concern(s) expressed by BOCC and Planning Board members during the May QPH.
Orange County, North Carolina — Unified Development Ordinance Page 2 -17
Article 2: Procedures
Section 2.7: Special Use Permits
shall mail certified notices of the meetinq date and time to each property owner within
500 feet of the property for which a Special Use has been requested.
(C) The notices shall be mailed a minimum of 14 days prior to the date of the proposed
neighborhood information meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 30 days prior to the date of the Public Hearing
where the application is scheduled for review and public comment.
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give public notice of the date, time and place of the public
hearing to be held to receive comments, testimony and exhibits pertaining to the
a lication for a Special Use.
There are no other otice shall be published in a newspaper of general circulation in Orange County
substantive amendments week for two successive weeks, with the first notice to be published not less than
to Section 2.7 other than s nor more than 25 days prior to the date of the hearing. In computing the notice
re- numbering. Staff has the day of publication is not to be included, but the day of the hearing is to be
not included all of the re- d.
numbered sections as part anning Director shall post on the affected property a notice of the public hearing at
of this review. n days prior to the date of said hearing.
Written notice shall be sent by certified mail to all adjacent property owners not less than
15 days before the hearing date. Adjacent property owners are those whose property
lies within five hundred feet of the affected property and whose names and addresses are
currently listed in the Orange County tax records.
2:7:62.7:7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Section
2.12.6.
.8 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during a public hearing
by the decision - making board.
(B) The review of a Special Use Permit application is a quasi - judicial process, where the
Board responsible for rendering a decision acts much like a panel of judges. The Board
hears factual evidence and sworn testimony presented at an evidentiary hearing, and
then makes findings of fact supported by competent, substantial, and material evidence.
(C) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the hearing.
(D) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
(1) Barring the presentation of obvious hearsay evidence,
Z Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing. Staff is
recommending 30 days to ensure there is adequate time for adjacent property owners /residents to receive
information related to the quasi - judicial review process and secure the necessary experts to argue for /against a
specific project.
Orange County, North Carolina — Unified Development Ordinance Page 2 -18
71
72 Article 2: Procedures
Section 2.9: Conditional Districts
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
2.9.1 Co ditional Use District (CUD)
(A) Generally
1) Any use permitted under the CUD process shall conform to all plicable
development regulations for the corresponding general use z ing district as well
as any specific development standards outlined within this rdinance.
(2) The Board of County Commissioners, in reviewing a CU application, may
pose such reasonable conditions upon approval of a UD request as will
a ord protection of the public health, safety, and gen al welfare, ensure that
sub tantial justice is done, and ensure equitable tre ment.
(3) Only t ose conditions mutually agreed to by the plicant and the Board of
County ommissioners may be imposed on a D application.
(4) Within the conomic Development Districts DDs), there are specific uses that
require app val of a CUD. These uses ar noted on the Table of Permitted
Uses — Econo is Development Districts ection 5.2).
(B) Applications
Applications to establish a UD shall be su itted to the Planning Director and shall be
processed in accordance wit the proced e(s) for:
(1) Zoning Atlas amendme t (Sec i n2.8),
(2) Class A Special Use Per ection 2.7), and
(3) The provisions of this Se o
(C) Submittal Requirements
(1) In addition to the C application orm, an applicant shall also submit the
following informati : -
(a) A site p n prepared in accord ce with the provisions of Section 2.5
includi g the following.:
(i) A detailed description of th proposed use of property including
an outline of the proposed o erational characteristics of the
proposed development,
(ii) A detailed traffic survey, regard) s of the estimated number of
trips per day, prepared in accorda e with all applicable North
Carolina Department of Transportati n (NC DOT) requirements
or standards as well as.Section 6.17 this Ordinance,
(iii) The appropriate environmental documen prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on- ite significant
trees; proposed screening, buffers, and landsc ing; and any
proposed treatment of any existing natural featu s\th (b) A summary of utility services, including processing of wa
(c) A schedule of construction of all elements of the proposa
(d) Any other information identified during the pre - application
deemed essential to demonstrate the project's complianc
regulations.
Orange County, North Carolina — Unified Development Ordinance Page 2 -26
Article 2: Procedures 73
Section 2.9: Conditional Districts
(2 ies of the application package required i ve shall be submitted by
the applican .
(3) The Plannin nd /or Boar o Commissioners may request
a information in order to evaluate and pro ess the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department 3 and shall mail
certified notices of the meeting date and time to each property owner within 500
feet of the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
WJQ_The Neighborhood Information Meeting shall be held a minimum of 44-30 5 days
prior to the date of the Public Hearing where the application is scheduled for
review and public comment.
Review and Evaluation of Application
1) All CUD applications shall be reviewed and acted upon in accords e with the
review procedures for Class A Special Use Permits (Section 2.
(2) e following shall be considered when evaluating an ap cation for a CUD:
(a) he policies and objectives of the Orange unty Comprehensive Plan,
pa 'cularly in relation to the use, prop d site, and surrounding area;
(b) The pole' s and objectives of a adopted Small Area Plan(s) relating to
the area; an
(c) The potential imps s Jolhe surrounding area including, but not limited,
to: traffic, storm w r ainage, compatibility of land use activities, and
tproposed lues.
(3) Tho ty Commissioners m attach reasonable and appropriate
con location, nature, and exten the proposed use. Such
conaddress the following:
(a racteristics of the proposed use and it elationship to
ding property and existing land uses,
(b) posed support facilities, such as parking, screen and buffer
areas,
(c) The timing of the proposed development,
3 Planning staff already provides this service during the pre - application conference related to a Special Use or
Conditional Use project. The proposed amendment is designed to ensure local regulations mirrors current
practice.
4 Staff inadvertently left out the requirement for posting of a sign advertising the neighborhood meeting. This
corrects the error.
5 We are changing the timeframe to 30 days consistent with proposed amendments to Section 2.7 Special Uses of
the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 2 -27
74
Article 2: Procedures
Section 2.9: Conditional Districts
(1) Changes to approved plans and conditions of development shall be treated as
changes to the zoning atlas and shall be processed as an amendment to su as
contained in Section 2.8.
(2) The Planning Director may approve minor changes without going throu the
amendment process. The Planning Director, at his /her discretion, ma elect not
to allow any proposal as a minor change and will forward the detaile application
\(a) ges to the Planning Board and Board of County Commissi ers for
ation in accordance with the procedures outlined herein.
change is one that will not:
Alter the basic relationship of the proposed develop ent to adjacent
property;
Alter the approved land uses,
Increase the density or intensity of develop nt, and /or
Decrease the off - street parking ratio or re uce the buffer yards provided
at the boundary of the site.
2.9.2 Conditional Zoning Distrlgt (CZD)
(A) Generally
Only those uses listed o the Table of Permitt Uses in Section 5.2 for a specific
Conditional Zoning Distric and detailed in S tion 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property t a C D shall be submitted to the Planning Director and
shall be processed in accordance * the procedure(s) for:
(1) Zoning Atlas amendmen Se tion 2.8),
(2) Site plans (Section 2. for CZD that require a site plan, and
(3) The provisions of t ' Section.
(C) Submittal Requirement
(1) In addition to e CZD application form, applicant shall also submit the
following inf mation:
(a) ite plan prepared in accordance 'th the provisions of Section 2.5 of
is Ordinance, except for MPD -CZ ap lications (see (C)(2) below).
(b) A detailed description of the proposed us of property including an
outline of the proposed development.
A detailed traffic survey, regardless of the est ated number of trips per
day, prepared in accordance with all applicable orth Carolina
Department of Transportation (NC DOT) require ents or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared i accordance with
Section 6.16.
(e) A landscape plan showing the location of on -site significa trees;
proposed screening, buffers, and landscaping; and any pro sed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewate
(g) A schedule of construction of all elements of the proposal.
Orange County, North Carolina — Unified Development Ordinance Page 2 -29
Article 2: Procedures
Section 2.9: Conditional Districts
Any other information identified during the pre -ap tion conference
deemed essential to demonstrate the projec ' ompliance with these
re tions.
(2) In lieu of the requir nts in (1)(a) abo , an application for a Master Plan
Development (MPD) CZ all in e the requirements in Section 6.7. The
requirements of (1)(b) throu h) above are applicable for MPD -CZ
applications.
(3) 26 copies of t pplication package require ' 1) and (2) above shall be
submitte the applicant.
(4) lanning Board and/or Board of County Commissioner ay request
additional information in order to evaluate and properly process t plication
for a CZD.
(D) Neighborhood Information Meeting 6
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Land Records department and shall mail certified notices of the
meeting date and time to each property owner within 500 feet of the property for
which a CZD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The Neighborhood Information Meeting shall be held a minimum of 14 days prior
to the date of the Public Hearing where the application is scheduled for review
and public comment.
Review and Evaluation of Application
e, review, processing, and evaluation of a CZD application is a legisl ' e process
subs to judicial review using the same procedures and standard f review that apply
to genera se district zoning decisions.
(F) Approval and ditions
(1) The Board of C ty Commissioners sh ake action on the application to
rezone the property ccordance w' the procedures outlined within Section
2.8.
(2) The applicant or the Coun ma commend that reasonable and appropriate
conditions be attache o the approv f the application
(3) Conditions and ' e- specific standards shall limited to those that address the
conforman of the development to County ordin es, the adopted
Compr ensive Plan, or any other relevant plans that dress the impacts
re nably expected to be generated by the proposed dev ment. Any such
onditions may address:
(a) The compatibility of the proposed development with surroundin
property,
6 Originally staff had anticipated amending this section to require a neighborhood information meeting to be held
30 days prior to a public hearing to review a CZD application. As the review of this type of application does not
involve a Special Use Permit and is completed through a legislative review process (i.e. no sworn expert
testimony), staff has determined existing review requirements are sufficient.
Orange County, North Carolina — Unified Development Ordinance Page 2 -30
75
W
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
(2) Attendees shall include all carriers and tower companies who have either /Cf0i'L
applications the previous year or anyone who has expressed an interest i ng
an application to construct a telecommunication support facility within t nty.
(3) Th e County shall notify each party of the date, time, and pl/oth eeting no
later than 30 days prior to the meeting.
( Those individuals /firms intent on submitting development are
expected to attend the meeting. While a lack of attendanc vent the
submittal of an application, it will prevent the applicant's ility to participate in
e discussions outlining the areas of concentration for e location of
to communication support structures for that given Aar.
(D) Applications the development of telecommunication syr(port structures shall be
processed in acoQrdance with the provisions of this Or nance.
5.10.4 Existing Wireless Telecomigunications Support Strucores
(1) Telecommunica ns equipment as /ae ssory uses may be placed on existing
wireless supports ctures in accoe with the provisions of this Ordinance.
(2) Notwithstanding the o er provi ns of Section 5.10, telecommunications towers
in existence as of Dece er Aial 2002, may be replaced with a wireless support
structure of equal or act after approval by the Planning Director .
However, if the propess support structure would not be consistent
with the minimum stSection 5.10, replacement must be approved
as provided for in th
5.10.5,. Wireless Telecommunication upport Structures nd Equipment as Principal or
Accessory Uses
(A) Wireless telecom unications support structures sh be permitted as a principal or
accessory use accordance with the Table of Permit d Uses and as follows:
(1) On roperty owned by the County or any public e ity, except those designated
a istoric properties or sites, the County may, in its ole discretion as the owner
f the property, authorize the application and use of C my property after the
applicant executes a lease agreement acceptable to the ounty.
( Wireless telecommunications facilities, as part of existing ut "ty poles shall be
permitted as an accessory use. Wireless facilities shall be co tructed as part of
the existing utility poles or as replacements for the existing utility oles. No
freestanding towers constructed exclusively for personal wireless s rvices shall
be permitted within utility easements.
(3) The placement of new wireless telecommunications support structures s all be in
accordance with the Table of Permitted Uses, except as permitted in the ster
Telecommunications Plan ( "Plan ") or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 200 feet in height located on property
that is owned or leased by Orange County; and
Orange County, North Carolina — Unified Development Ordinance Page 5 -93
Article 5: Uses 77
Section 5.10: Standards for Telecommunication Facilities
(4) Any wireless support structure less than 200 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County.
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached consistent with Section 2:7.14 of the
Ordinance.
(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(d) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
(C) Neicthborhood Information Meeting $
(1) For all administratively approved wireless support structures, excluding
collocations, a neighborhood information meeting shall be scheduled in
accordance with the provisions of Section 5.10.8
7 Antennas Not Located on Wireless Telecommunications Support Structures
General Standards
(11,,_ To minimize adverse visual impacts, stealth antenna types sh e preferred. If
non - stealth antenna is proposed, the application shall equired to
dem trate, in a technical manner acceptable tot fanning Director, why the
stealth an na (i.e. an antenna incorporated ' the architecture of the building
or fully screen om view from sight pr ate to the antenna) cannot be used
for the particular app tion. This snot preclude a combination of the
various types of antennas.
(2) Antenna dimensions be subl to approval by the Planning Director. A
statement shall ubmitted, prepare a professional engineer competent to
evaluate a na choices, to certify the tech ' I need for the required
dime ' ns.
(3) rior to the issuance of a Building Permit by the Inspection ivision, the
application shall provide evidence that the wireless telecommun' tion support
structure or antennas are in compliance with FAA regulations. Wher
antenna will not exceed the highest point of the existing structure upon whi it is
to be mounted, such evidence shall not be required.
8 Staff is adding language to ensure all administratively approved towers will comply with the same neighborhood
information meeting requirements as any other regulated wireless support facility.
Orange County, North Carolina — Unified Development Ordinance Page 5 -94
1:
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
engineer certification statement shall includ ication that the
strut n support the load posed from the wireless support
structure. All wir ort structures shall have the capacity to
permi e users; at a min onopole wireless support
s ructures shall be structurally designed to odate four users and
self - support/lattice or guyed wireless support structures t a
minimum accommodate three users.
(B) General Submittal Requirements — Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the collocation of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10'3"
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
This notice shall also inform local residents that a neighborhood
information meeting shall be held the day of the balloon test so that the
applicant can explain the proposal and Planning staff, including the
Orange County, North Carolina — Unified Development Ordinance Page 5 -100
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
County's telecommunications consultant can explain the Special Use
Permit review process.
(d) The primary date shall be on a weekend (excluding legal holidays), b t to
prevent delays in the processing of the application, and in case of pbor
weather or atmospheric conditions on the initial date, the /secon ry
date may b e a weekday.
(e) The applicant shall inform the County Planning Staff, in whe
dates and times of the test at least 14 days in advance.
(f) The applicant shall also post a sign on the subject pro erty, and
directional signs posted at locations to be determine by Planning Staff.
The signs shall measure no more than nine squar feet in area and no
less than four square feet in area, giving the co act information of the
County Planning Department, the proposed d es, times, and location of
the balloon test. The signs shall be posted meet the same time limits
s provided for in the balloon test notifica i n as stated above.
(3) Submitta equirements
In addition to e information required herei as well as Section 2.7, the following
shall be submit d as part of the applicati
(a) A site plan howing the follow g:
(i) The tire site (inc ding property boundary lines) and size of all
existin tructur within 500 feet of the site,
(ii) Existing a oposed structures on site,
(iii) The fall zo e f the tower,
(iv) Existin and pro sed topography at a contour interval of five
feet d
(v) A officially designa d floodways and floodplains, or the
resence of alluvial soil
(b) Plan , and elevations for all propo d structures and descriptions of the
co r and nature of all exterior maten I, along with the make, model, and
anufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan dr wn at the same scale as
the site plan, showing the existing and propos d trees, shrubs, ground
cover and other landscape materials. This plan hall minimize adverse
visual effects of wireless telecommunications sup rt structures and
antennas through careful design, siting, landscapes reening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the poss\'s placing
the proposed equipment on an existing wireless suppure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support struc re:
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, u
poles and other structures in the vicinity of the proposed facil
9 As we currently require a balloon test be held prior to a public hearing reviewing a telecommunication
application, staff believes it is reasonable to hold a neighborhood information meeting at the same time on -site so
that interested parties can not only visualize the height of a proposed tower but ask questions related to the
review process.
Orange County, North Carolina — Unified Development Ordinance
Page 5 -101
79
80
Attachment 3 — Special Use
Permit Review Timeline
Per Section 2.2.5 of the UDO,
staff meets with applicants for an
Pre- application
Applications for a Class A SUP
SUP 2 weeks before submittal
meeting
(BOCC Review) are due 60
deadline to review application
days prior to public hearing.
requirements and process
For Class B SUP (Board of
Application
Adjustment) applications are
Submittal
due 45 days prior to the public
Per Section 2.2.6 of the UDO
hearing
staff has 5 business days to
review submittal for
completeness. If not complete,
the application is rgiected.
,,.
Staff anticipates sending
Staff review to
out notices for the NIM 50
determine application y
days (Class A) or 40 days
completeness
(Class B) prior to the public
Staff typically asks for
hearing.
comments within 2 weeks. At
this point in the review the
As proposed by staff the
public hearing is typically 50
NIM has to occur 30 days
days (Class A) or 40 days
Project is distributed to various
before the scheduled public
(Class B) away.
internal/external review agencies for
hearing. Notices of the
review and comment.
hearing have to be mailed
14 days prior to the NIM
meeting date andstaff will
NEW: Neighborhood Information Meeting
have to post signs 10 days
(NIM) held to inform adjacent property
prior to the NIM.
Re- submittal has to occur, at
a minimum, 20 to 24 days
prior to the public hearing to
give staff time to re- review.
owners of project and allow them to discuss
with applicant.
Applicant revises plans to address
review comments, if any.
Public hearing is advertised:
Legal Ad — 2 weeks
Public Hearing Notice — Sent 15 days
prior to the public hearing to adjoining
property owners via certified mail
Property posting — 10 days prior to
hearing
Public Hearing held