HomeMy WebLinkAboutAgenda - 11-18-2014 - 6gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 18, 2014
Action Agenda
Item No. 6 -g
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SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule for the February 2015 Quarterly Public Hearing
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
Amendment Outline for Temporary
Health Care Structures
(UDO /Zoning 2014 -13)
INFORMATION CONTACT:
Ashley Moncado, Planner II, 919 -245-
2589
Craig Benedict, Planning Director, 919-
245- 2592
PURPOSE: To consider and approve process components and schedule for a government
initiated Unified Development Ordinance (UDO) text amendment for the February 2015
Quarterly Public Hearing regarding temporary health care structures.
BACKGROUND: On August 1, 2014 the North Carolina General Assembly adopted regulations
modifying the review and permitting of temporary health care structures. As a result, the
proposed amendment will modify sections of the UDO regarding temporary structures related to
custodial care in order to be consistent with Session Law 2014 -94.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement will be paid
from FY2014 -15 Departmental funds budgeted for this purpose. Existing Planning staff included
in the Departmental staffing budget will accomplish the work required to process this
amendment.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2014 -13
Temporary Healthcare Structures
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element 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
�ection(s): Section 5.2.1, Table of Permitted Uses
Section 5.4.4, Temporary Use of a Residential Mobile Home
Section 10.1, Definitions
❑ Other:
B. RATIONALE
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2014 -94, related to the review and permitting of temporary health care
structures. Session Law 2014 -94, adopted August 1, 2014, defines a temporary
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health care structure as a transportable residential structure providing an
environment facilitating a caregiver's provision of care for a mentally or physically
impaired person that is primarily assembled at a location other than its site of
installation, is limited to one occupant who shall be the mentally or physically
impaired person, has no more than 300 gross square feet, and complies with the
North Carolina State Building Code.
The Session Law modifies standards related to the placement of a temporary health
care structure including, but are not limited to, the following-
1 . Only one temporary health care structure shall be allowed on a lot or parcel of
land.
2. Temporary health care structures shall not require a Special Use Permit or be
subjected to any other local zoning regulations beyond those imposed upon
other accessory use structures.
3. Temporary health care structures shall comply with all setback requirements
and any maximum floor area ratio limitations that apply to the primary
structure.
4. Any person proposing to install a temporary health care structure must obtain
a permit and may be charged a fee up to $100 and a yearly renewal fee up to
$50.
5. A temporary health care structure may be required to connect to water, sewer,
and electric utilities and comply with all applicable state laws, local
ordinances, and additional regulations.
6. No signage shall be permitted onsite or on the exterior of the temporary health
care structure.
7. All temporary health care structures shall be removed within 60 days in which
the physical or mentally impaired person is no longer receiving care or is no
longer in need of assistance.
Based on regulations set forth in Session Law 2014 -94, the proposed amendment
will modify sections of the UDO regarding temporary structures for custodial care in
order to be consistent with Session Law. A copy of Session Law 2014 -94 can be
found at the end of this form.
1. 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 the permitting of a temporary health care
structure is consistent with recent changes in State Law. Additional analysis will be
included with the quarterly public hearing materials.
2. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
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3. New Statutes and Rules
Session Law 2014 -94 An Act Relating To Zoning Provisions For Temporary Health
Care Structures
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 18, 2014
b. Quarterly Public Hearin
February 19. 2015
c. BOCC Updates /Checkpoints
January 22, 2015 — Approve legal advertisement for the February 2015 Quarterly
Public Hearing
February 19, 2015 — Quarterly Public Hearing
April 7. 2015 — Receive Plannina 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:
December 3, 2014 — Ordinance Review Committee
March 4, 2015 — Recommendation to the BOCC
b. Advisory Boards:
c. Local Government Review:
Draft text will be sent to JPA partners
prior to the public hearing.
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
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Z Other: Other County Departments that may be interested or affected will be
notified, including Aging, Health, Social Services, Emergency
Services, and Tax /Land Records
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of county services. Costs for the required legal advertisement will be paid
from FY2014 -15 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
Language within the Unified Development Ordinance will be consistent with recent
modification to State Law.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available with the quarterly public hearing materials.
Primary Staff Contact:
Ashley Moncado
Planning Department
919- 245 -2589
amoncado @orangecountync.gov
F.
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2014 -94
HOUSE BILL 625
AN ACT RELATING TO ZONING PROVISIONS FOR TEMPORARY HEALTH CARE
STRUCTURES.
The General Assembly of North Carolina enacts:
SECTION 1. Part 3 of Article 18 of Chapter 153A of the General Statutes is
amended by adding a new section to read:
110 1 Ir 1 A 7 A 1 � -IV
4.._.... L. ,.,.141. .. -.... ,.4.. �.....
A county exercising powers under this Article shall comply with G.S. 160A- 383.5."
SECTION 2. Part 3 of Article 19 of Chapter 160A of the General Statutes is
amended by adding a new section to read:
"& 160A- 383.5. Zoning of temporary health care structures.
O The following definitions apply in this section:
0 Activities of daily living. — Bathing, dressing, personal hygiene, ambulation
or locomotion, transferring, toileting, and eating.
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a meniany of pi
..,,i„ +; _ „P a,,,
marvrauar is caring.
First or second degree relative. — A spouse, lineal ascendant, lineal
descendant, sibling, uncle, aunt, nephew, or niece and includes half, step,
and in -law relationships.
Mentally of r ph sy ically impaired person. — A person who is a resident of this
State and who requires assistance with two or more activities of daily living
as certified in writing by a physician licensed to practice in this State.
Temporary family health care structure. — A transportable residential
structure, providing an enviromnent facilitating a caregiver's provision of
care for a mentally or physically impaired person, that (i) is primarily
assembled at a location other than its site of installation, (ii) is limited to one
occupant who shall be the mentally � r physically impaired person, (iii) has
no more than 300 rog ss square feet, and (iv) complies with applicable
provisions of the State Building Code and G.S. 143- 139.1(b). Placing the
temporary ly health care structure on a permanent foundation shall not
be required or permitted.
A city shall consider a temporary ly health care structure used by a caregiver _ in
providing care for a mentally or physically impaired person on property owned or occupied by
the caregiver as the caregiver's residence as a permitted accessory use in any single- family
residential zoning district on lots zoned for single- family detached dwellings.
O A city shall consider a temporary family health care structure used by an individual
who is the named legal guardian of the mentally or physically impaired person a permitted
accessory use in any single- family residential zoning district on lots zoned for single - family
detached dwellings in accordance with this section if the temporary family health care structure
is placed on the property of the residence of the individual and is used to provide care for the
mentally or physically impaired person.
dj Only one temporary family health care structure shall be allowed on a lot or parcel
of land. The temporary family health care structures under subsections (b ) and (c) of this
section shall not require a special use permit or be subjected to any other local zoning
reauirements bevond those imposed upon other authorized accessory use structures, except as
* H 6 2 5- V- 4*
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-rwise provided in this section. Such temp,
i all setback requirements that apply to the
r ratio limitations that maypply to the priir
(c) AU person proposing to install a t,
fin a permit from the city. The city maw
the initial hermit and an anneal renewal fee
annual basis as long as the temporary family health care structure rem
evidence may involve the inspection by the city of the temporary fami
reasonable times convenient to the caregiver, not limited to
confirmation, and annual renewal of the doctor's certification.
L Notwithstanding subsection (i) of this section, any temf
structure installed under this section may be required to connect t
electric utilities serving the property and shall comply with all ap
ordinances and other requirements, including Part 5 of this Article,
health care structure were permanent real property.
fo No signnage advertising or otherwise promoting the exi
health care structure shall be permitted either on the exterior of the
care structure or elsewhere on the property
strictures shall cc
ith anv maximum
eucture shall first
dollars ($100.00)
The city may not
this section. The
ris section on an
the property. The
i care structure at
health care
sewer. and
Any temporary family health care stricture installed pursuant to this section shall be
removed within 60 days in which the mentally or physically impaired person is no longer
receiving or is no longer in need of the assistance provided for in this section. If the temporary
family health care structure is needed for another mentally or physically impaired person, the
temporary family amily health care structure may continue to be used, or may be reinstated on the
nroner-ty within 60 days of its removal, as applicable.
revolve the permit rag nted pursuant to subsection (e) of this sectio
s any provision of this section or G.S. 160A -202. The city may s
nnnrnnrinte actions or nroceedings to ensure compliance with
section or G.S. 160A -202.
fD Temporary family health care structures shall be treated as tangible personal
property for purposes of taxation."
SECTION 3. G.S. 130A -250 is amended by adding a new subdivision to read:
"�L4) Temporary family health care structures under G.S. 153A-341.3 or
G.S. 160A-383.5."
SECTION 4. G.S. 131D- 2.1(10) reads as rewritten:
"(10) Multiunit assisted housing with services. — An assisted living residence in
which hands -on personal care services and nursing services which are
arranged by housing management are provided by a licensed home care or
hospice agency through an individualized written care plan. The housing
management has a financial interest or financial affiliation or formal written
agreement which mauves personal care services accessible and available
through at least one licensed home care or hospice agency. The resident has
a choice of any provider, and the housing management may not combine
charges for housing and personal care services. All residents, or their
compensatory agents, must be capable, through informed consent, of
entering into a contract and must not be in need of 24 -hour supervision.
Assistance with self - administration of medications may be provided by
appropriately trained staff when delegated by a licensed nurse according to
the home care agency's established plan of care. Multiunit assisted housing
with services programs are required to register annually with the Division of
Health Service Regulation. Multiunit assisted housing with services
programs are required to provide a disclosure statement to the Division of
Health Service Regulation. The disclosure statement is required to be a part
of the annual rental contract that includes a description of the following
requirements:
a. Emergency response system;
b. Charges for services offered;
C. Limitations of tenancy;
Page 2 Session Law 2014 -94 House Bill 625- Ratified
d. Limitations of services;
C. Resident responsibilities;
f. Financial /legal relationship between housing management and home
care or hospice agencies;
g. A listing of all home care or hospice agencies and other community
services in the area;
h. An appeals process; and
i. Procedures for required initial and annual resident screening and
referrals for services.
Continuing care retirement communities, subject to regulation by the
Department of Insurance under Chapter 58 of the General Statutes, and
temporary family health care structures, as defined in G.S. 160A- 383.5, are
exempt from the regulatory requirements for multiunit assisted housing with
services programs."
SECTIONS. G, S. 160A- 442(2) reads as rewritten:
"(2) 'Dwelling" means any building, structure, manufactured home or mobile
home, or part thereof, used and occupied for human habitation or intended to
be so used, and includes any outhouses and appurtenances belonging thereto
or usually enjoyed therewith, except that it does not include any
manufactured home or mobile home, which is used solely for a seasonal
vacation purpose. Temporary family health care structures, as defined in
shall not apply to such structures."
SECTION 6. If any provision of this act or its application is held invalid, the
invalidity does not affect other provisions or applications of this act that can be given effect
without the invalid provisions or application, and to this end the provisions of this act are
severable.
SECTION 7. This act becomes effective October 1, 2014, and applies to temporary
family health care structures existing on or after that date. No county or city may impose a fee
as authorized by Section 1 and Section 2 of this act on any temporary family health care
structure existing on that date.
In the General Assembly read three times and ratified this the 25t11 day of July, 2014.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 11:55 a.m, this 1St day of August, 2014
House Bill 625- Ratified Session Law 2014 -94 Page 3