HomeMy WebLinkAboutAgenda - 05-26-2015 - C-5ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 26, 2015
Action Agenda
Item No. C -5
SUBJECT: Unified Development Ordinance Text Amendment Related to Temporary Health
Care Structures
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Ashley Moncado, Planner II (919) 245 -2589
Development Ordinance (UDO) Craig Benedict, Director (919) 245 -2575
Amendment Outline Form and Session
Law 2014 -94
2. Proposed Text Amendments
3. Ordinance Review Committee Notes
4. Temporary Health Care Structures
Informational Handout
PURPOSE: To hold a public hearing on a Planning Director initiated Unified Development
Ordinance (UDO) text amendment regarding proposed standards for temporary health care
structures to be added into Sections 5.5 Standards for Residential Uses and 10.1 Definitions of
the UDO.
BACKGROUND: On August 1, 2014, the North Carolina State Legislature adopted regulations
regarding the permitting of temporary health care structures in the state. These regulations allow
for temporary health care structures, 300 square feet or less, to be permitted as an a accessory
use in any single family residential zoning district on lots zoned for single family detached
dwellings if all the regulatory provisions outlined in Session Law 2014 -94 are met. As a result,
staff is proposing to modify sections of the UDO to address the review and permitting of
temporary health care structures in order to be consistent with North Carolina General Statutes.
This item was presented for review and comment at the December 3, 2014 Ordinance Review
Committee. Attachment 3 includes draft summary notes from that meeting. Additional agenda
materials are available at http: / /www.co. orange. nc .us /planninpfplanninpboard. asp.
Attachment 1, the Amendment Outline Form approved by the BOCC on November 18, 2014,
provides additional background information on the proposal. Proposed text amendment
language can be found in Attachment 2 within a "track changes" format (red text for proposed
additions). Attachment 4 includes a schematic, images, and features of a temporary health care
structure.
Legal ads for the public hearing were placed in a newspaper of general circulation in the County
in accordance with Section 2.8.7 of the UDO.
Joint Planning Area (JPA) Agreement
The opportunity for comment by the JPA partners (Towns of Chapel Hill and Carrboro) is
required for all UDO text amendments that may affect the RB (Rural Buffer) zoning district.
Since temporary health care structures will be permitted as an accessory use to a detached
single family dwelling in the RB district, the proposed text amendments were submitted to the
JPA partners for review and comment on January 14, 2015. To date, no comments have been
received.
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 Planning Director recommends the Board:
Receive the proposed amendments to the UDO as detailed in this abstract and
attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the September 1, 2015 BOCC regular meeting.
4. Adjourn the public hearing until September 1, 2015 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 -13
Temoorary Health Care 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 5.5, Standards for Residential Uses
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 a text amendment to incorporate recent changes in State Law, specifically
Session Law 2014 -94, related to the review and permitting of temporary health care
structures.
This item was presented at the December 3, 2014 Ordinance Review meeting for
K
1
M
Board review and comment. Following this meeting, staff made one minor revision to
the text amendment regarding signage pertaining to the advertisement of a
temporary health care structure.
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. Session Law 2014 -94,
adopted August 1, 2014, defines a temporary 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 address the review and permitting of temporary health care structures in order to
be consistent with State Law. A copy of Session Law 2014 -94 can be found at the
end of this form.
2
2. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
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
Mav 26. 2015
c. BOCC Updates /Checkpoints
May 26, 2015 — Quarterly Public Hearing
Seatember 1. 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
June 3, 2015 — Recommendation to the BOCC
b. Advisory Boards:
c. Local Government Review:
The proposed text amendments were
submitted to the JPA Partners on
January 14, 2015. To date, no
comments have been received.
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
3
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
® Other: Materials were distributed to other County Departments and /or
Divisions that may be interested or affected, including Building
Inspections, Aging, Health, Environmental Health, Social Services,
Emeraencv 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. The amendments will classify temporary health care
structures as an accessory use to single - family dwellings which means they can be
placed on the same lot as a single - family dwelling, subject to the standards proposed in
Section 5.5.9. A process to review, permit, and monitor compliance of these structures
will need to be developed by a multi - departmental team concurrent with ordinance
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for proposed language.
Primary Staff Contact:
Ashley Moncado
Planning Department
919- 245 -2589
amoncado @orangecountync.gov
11
7
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.
M
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*
-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
9
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
Attachment 2
UDO AMENDMENT PACKET NOTES:
The following packet details the proposed text amendment to incorporate recent changes in
State Law with respect to temporary health care structures. The amendment package will
modify Sections 5.5 and 10.1 of the UDO to accommodate the new standards.
As the number of affected pages /sections of the existing UDO are being modified with this
proposal, staff has divided the proposed amendments into the following color coded
classifications:
Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO
Green Text: Denotes modifications made following the December 3 ORC meeting.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. 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. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes
from previous sections `spill over' onto the included page. Text with a large 'W is not proposed
for modification.
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.
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: / /orangecountync.gov /planning /Ordinances.asp
10
Article 5: Uses
Section 5.5: Standards for Residential Uses
In addition to the information required by Section 2.7, the following i
shall be supplied as part of the application for approval of this use:,
(a) A description of the type facility planned, the number occupants, and
the development schedule.
(b) A site plan showing existing and proposeje6ntours. Proposed
b-SWings, parking, access, service, reS.FiSation, landscaped and screened
(c)
Other criten s set forth in ctions 6.2.11 and 6.3.
(d)
A statement conc the provision of public services which shall
include fire, polic n scue protection.
(2) Standards of Eval ion -
(a)
Ade to parking, access and sery areas are provided for the site.
(b)
arking, service areas and buildings are quately screened from
adjacent residential uses.
(c)
Improved recreational facilities are provided for occu nts.
(d)
Other criteria as set forth in sections 6.2.11 and 6.3.
(e)
Letters from public service agencies attesting to the adequacy o
provision of public services such as fire, police and rescue.
5.5.9 Temporary Health Care Structures
(A) General Standards
(1) Submittal Requirements
In addition to the information required in Section 2.4, Zoning Compliance
Permits, the following information shall be supplied as part of the application for
approval of this use:
(a) Documentation as to the relationship between the occupant of the
temporary health care structure and the occupant(s) of the existing single
family dwelling. One of the following types of relationships must exist:
(i) 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
(ii) Relationship by marriage
(iii) Legal guardian relationship designated by Court of Law.
(b) Certification in writing from a North Carolina licensed physician stating
the necessity of direct care for an mentally or physically impaired
individual.
(2) Standards of Evaluation
(a) An existing single family residential dwelling must be located on the
same parcel as the temporary health care structure. Temporary health
care structures are classified as an accessory use to single family
detached dwellings.
(b) No more than one temporary health care structure per lot shall be
permitted.
(c) Temporary health care structures must meet all standards contained in
Section 5.5.1, Accessory Structures and Uses.
Orange County, North Carolina - Unified Development Ordinance Page 5 -48
5.6.1 Nig
(A)
Article 5: Uses 12
Section 5.6: Standards for Commercial Uses
(d) Occupancy of a temporary health care structure shall be limited to one
mentally or physically impaired individual, who is a North Carolina
resident and requires assistance with two or more activities of daily
living.
(e) No signage or advertisement promoting the temporary health care
structure shall be permitted on the exterior of the temporary health care
structure or on the property
(f) A temporary health care structure shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the
property.
(g) The Orange County Health Department, or the agency that provides
sanitary sewer and water services, shall approve water and wastewater
disposal facilities.
(h) All applicable state and local approvals and permits shall be procured
including, but not limited to, a zoning compliance permit, building
permits, and health department approval.
(i) Approval of the application shall not exceed one year. Annual renewal
shall require a new application and recertification from a licensed
physician stating the necessity of direct care.
Q) Any approved temporary health care structure shall be removed no later
than 60 days after the time the mentally or physically impaired person is
no longer receiving care or is in need of assistance. If the structure is
needed for a different impaired individual, the temporary health care
structure may continue to be used or be reinstated on the property within
60 days of its removal, subject to the requirements of this Ordinance.
(k) The caregiver shall allow inspections of the property by the County at
times convenient to the caregiver, during reasonable hours, and upon
prior notice for compliance purposes.
(1) A permit for a temporary health care structure shall be revoked by the
Planning Director due to failure of the applicant to comply with any of the
above provisions.
bs, Bars and Pubs
Ge %Bu ards for Evaluation
(1) gs for n ightclubs, bars and pubs shall not be ated within 200 feet of a
5.6.2 Massage Business
(A) General Standards for Evaluati
(1) Must comply with the O Hance the Control of Massage and Massage
Establishments
(2) The submitt f construction plans for all a of
and proposed buildings
housin e massage business. The constructio lans shall include floor plans
an oss sections showing the proposed use of all p ions of such buildings.
(3) For existing buildings, certification by the Orange County Bu i g Inspector that
the structure(s) complies with the North Carolina Building Code a all related
construction codes.
Orange County, North Carolina — Unified Development Ordinance Page 5 -49
Article 10: Definitions 1 3
Section 10.1: Definitions
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and /or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Health Care Structure
A transportable residential structure facilitating a caregiver's provision of care for a mentally or physically
impaired person that is primarily assembled offsite, is limited to one occupant, has no more than 300
gross square feet, and complies with applicable standards of the North Carolina State Building Code.
Temporary health care structures shall not be installed on a permanent foundation. Temporary health
care structures are classified as an accessory use to single family detached dwellings.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick -built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi - permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi - permanent foundation.
Ten -Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and /or intensities,
that are suitable for higher densities and /or intensities and could be provided with public utilities and
services within the first 10 -year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non - residential uses implemented in accordance with small
area plans and /or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Orange County, North Carolina — Unified Development Ordinance Page 10 -56
Attachment 3
Approved 2/4/15
SUMMARY NOTES
ORANGE COUNTY PLANNING BOARD
DECEMBER 3, 2014
ORDINANCE REVIEW COMMITTEE
NOTE: A quorum is not required for Ordinance Review Committee meetings.
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Herman Staats, At- Large, Cedar
Grove Township; James Lea, Cedar Grove Township Representative; Tony Blake, Bingham Township
Representative; Laura Nicholson, Eno Township Representative; Paul Guthrie, At -Large Chapel Hill Township;
Bryant Warren, Hillsborough Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Special Projects Coordinator; Ashley Moncado,
Special Projects Planner; Tina Love, Administrative Assistant II;
AGENDA ITEM 1: CALL TO ORDER
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — To review and comment upon
revisions to the UDO to allow temporary healthcare structures in all residential zoning districts.
This amendment is in response to North Carolina Session Law 2014 -94.
PRESENTER: Ashley Moncado, Special Projects Planner
Ashley Moncado review abstract.
Paul Guthrie: Does it implicitly say they can be considered as part of the water and waste water system for approval
of this permit?
Ashley Moncado: That is a gray area, Michael Harvey isn't here but that and another portion in the state statute that
they provide `may' regarding connection to the water or sewer and that is an area we have discussed and gone back
and forth about because this is a little vague. They leave that open ended for the counties and cities. That is
something we may have to look at and discuss.
James Lea: Is it possible to find out how these units are connected in a rural setting?
Ashely Moncado: That is more environmental health, if you were going to put a house on a property or an accessory
structure. They would have to connect to the septic and it would have to have the capacity to do that.
Perdita Holtz: A temporary setup could be several years.
Tony Blake: But if you have an RV, you don't have to do that sort of thing. You don't have to extend your system for
an RV.
Laura Nicholson: Does say one person, what about a spouse?
Ashley Moncado: This is permitted for one person only.
Pete Hallenbeck: Any other comments or questions? Ok, we'll adjourn.
AGENDA ITEM 10: ADJOURNMENT:
14
............................................ ...............................
........................................................................................................................ ...............................
Attachment 4
�.5. .
............................................ ...............................
.: .:.: .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: .: .: ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
: : : t ra v uure : : : : �alth-: �are -Strctm :
:::: A -M' obiie,-:medu 1. ar- :unJtdesignedlo- be:ternpora.ry placed:on -a -: caregiver 's.:propeft.� .:.:.:.:.:.:.:
fior:relSabil tatron.and:e tended.care....... paired;relat......
............
..................... ...............................
........... ............