HomeMy WebLinkAboutAgenda - 09-01-2015 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 1, 2015
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance Text Amendment Related to Temporary Health
Care Structures — Public Hearing Closure and Action (No Additional Comments
Accepted)
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. Statement of Consistency
3. Proposed Ordinance
4. Excerpt of Draft May 26, 2015
Quarterly Public Hearing Minutes
5. Excerpt of Approved June 3, 2015
Planning Board Meeting Minutes and
Statement of Consistency
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on a Planning Director initiated amendment to the Unified Development
Ordinance (UDO) regarding temporary health care structures.
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 (ORC) meeting. Agenda materials and minutes from that meeting are
available athqE://www.co.oranqe.nL.us/plannina/ lannin board.asp.
The proposed amendment was presented at the May 26, 2015 Quarterly Public Hearing.
Comments made at the public hearing are included in Section C.1 of Attachment 1 .
Additionally, an excerpt from the draft minutes from this meeting are provided in Attachment
4. Agenda materials from the hearing can be accessed at the following link-
hLtp-://www.oranqecountvnc.qov/1 5052 QP C.pdf.
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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 3 within a "track changes" format (red text
for proposed additions and green text for modifications made following the December ORC
meeting).
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public
interest, contained in Attachment 2 and proposed amendment package contained in
Attachment 3.
Planning Board Recommendation: At its June 3, 2015 meeting, the Board voted 10 to 2 to
recommend approval of the Statement of Consistency. The Planning Board's discussion
regarding this vote can be found on page 6 of Attachment 5.
The Board voted 9 to 3 to recommend approval of the proposed amendment. The
Planning Board's discussion regarding this vote can be found on page 6 of Attachment 5.
Comments made at this meeting are included in Section C.2 of Attachment 1.
The Planning Board's signed Statement of Consistency is included within Attachment 2.
Agenda materials from the June 3, 2015 Planning Board meeting can be viewed at:
http://www.orangecountync.gov/PB Agenda Packet June 2015.pdf.
Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if
it is for the purpose of presenting information also submitted in writing. The public hearing is
held open to a date certain for the purpose of the BOCC receiving the Planning Board's
recommendation and any submitted written comments.
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 were
paid from FY2014-15 Departmental funds budgeted for this purpose. Existing planning staff
included in the Departmental staffing budget have accomplished the work required to
process this amendment.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable
to this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
The proposed UDO amendment regarding temporary health care structures will allow for
additional housing and medical care options for mentally and physically impaired individuals
and families in Orange County.
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RECOMMENDATION(S): The Manager recommends the Board-
1. Receive the Planning Board's recommendation;
2. Close the public hearing;
3. Deliberate as necessary on the proposed amendments; and
4. Decide accordingly and/or adopt the Statement of Consistency, contained within
Attachment 2, and the Ordinance amending the UDO contained within Attachment 3,
as recommended by the Planning Board and staff.
Attachment 1
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2014-13
Temporary 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
Section(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. The proposed amendment will modify sections of the UDO in order to be
consistent with North Carolina General Statutes.
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
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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 incorporate the new use identified in Session Law into the UDO and 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. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 4: Housing Element— Section 4.6 Goals
Housing Goal 2: Housing that is useable by as many people as possible regardless
of age, ability or circumstance.
3. New Statutes and Rules
Session Law 2014-94 An Act Relating To Zoning Provisions For Temporary Health
Care Structures
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C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
November 18, 2014
b. Quarterly Public Hearing
May 26, 2015
c. BOCC Updates/Checkpoints
May 26, 2015 Quarterly Public Hearing. This item was reviewed at the hearing
where the following comments were made:
BOCC Member Comment: The proposed text amendment is too restrictive as
presented. Additional uses should be explored and discussed to allow more
options for residents to accommodate mentally or physically impaired individuals
on their property.
Staff Response: The proposed amendment is based on regulations
contained in the North Carolina State Legislature's Session Law 2014-94.
In order for the Unified Development Ordinance (UDO) to be consistent
and meet regulations of the Session Law, the amendment is being
proposed as presented. Though standards may appear limiting, the
addition of temporary health care structure regulations by the State
Legislature does help to provide residents with another option to address
caregiving needs of mentally or physically impaired individuals.
In addition to these standards relating to temporary health care structures,
other options are currently provided in the UDO that may be viewed as less
restrictive. Existing standards contained in the UDO allow for additional
options in caring for mentally or physically impaired individuals on a
temporary or permanent basis. One option includes efficiency apartments,
also known as accessory dwelling units, which may be constructed as an
additional dwelling unit, accessory to a single family residence. The UDO
also allows for temporary mobile homes for custodial care purposes to be
placed as an accessory dwelling unit to an existing single family residence.
Both of these options would allow individuals to provide onsite care to
impaired relatives. Standards outlined in the UDO provide for the creation
of Family Care Homes and Group Care Facilities. The UDO also allows for
up to three unrelated persons to live together in a dwelling unit. This would
allow residents wanting to provide care to impaired individuals who are
unrelated to do so. If warranted, planning staff can work with the Planning
Board to review existing language in the UDO and develop possible
amendments to address the Board's comments.
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Additional options for residential caregiving and temporary health care
structures can be reviewed in the summary chart below.
Additional Options for Residential Caregiving
Temporary
Standards Temporary Family Care Health Care
Single Family Efficiency Structure
Mobile Home— Facility/Group Care
Dwelling Apartment(ADU)
Custodial Care Facility
Status Existing Existing Existing Existing Proposed
Permitting Zoning Zoning Compliance Zoning Compliance Zoning
Compliance Class B SUP Compliance
Process Permit Permit Permit Permit
Shall not exceed Shall not
Size Regulations No No No exceed 300
800 square feet
square feet
Primary or
Accessory Primary Accessory Accessory Primary Accessory
Structure
Primary Structure N/A Yes Yes N/A Yes
Required
Temporary or
Permanent Permanent Temporary Permanent Permeant Temporary
Structure
Attached or N/A Detached Attached or N/A Detached
Detached Detached
Built Onsite or Onsite or offsite' Offsite Onsite or offsite' Onsite or offsite' Offsite
Offsite
Must Meet UDO
Yes Yes Yes Yes Yes
Standards
Must Meet NC 3
State Building Yes No Yes Yes Yes
Code Standards
Environmental
Yes Yes Yes Yes Yes
Health Approval
Family Care:Up to 6
Occupant Allow up to 3 unrelated persons
Requirement unrelated persons No No Group Care:7 to 15 1 person
unrelated persons
Relative No Yes No No Yes
Requirement
Medical
Certification No Yes No No Yes
Requirement
Annual Renewal
No Yes No No Yes
Requirement
No specific size regulations are contained in the UDO.However,the size of residential structures may be determined
and/or limited by lot size,zoning district,zoning regulations, and environmental health standards.
2 Onsite includes stick built construction(i.e.individual lumber). Offsite includes modular construction and manufactured
homes.
3 Manufactured homes are built to the standards of the Department of Housing and Urban Development(HUD).A HUD
Certificate is required by Orange County prior to placement in the county.
September 1, 2015 — 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.
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a. Planning Board Review:
December 3, 2014 — This item was presented at the December 3, 2014
Ordinance Review Committee meeting for Planning 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.
June 3, 2015 — Recommendation to the BOCC. This item was reviewed and the
following comments were made:
Planning Board Member Comment: Why is this amendment being proposed?
Staff Response: Due to the adoption of Session Law 2014-94 in August
2014, all cities and counties within the state must recognize and allow for
temporary health care structures. As a result, Planning staff began the
process to amend the UDO in November 2014 in order to recognize the
new land use, provide information and access regarding permitting
regulations to Orange County residents, and to be consistent with State
Law.
Planning Board Member Comment: Only a small percent of residents will be able
to utilize a temporary health care structure due to the proposed standards and
financial costs.
Staff Response: Due to proposed standards (based on Session Law 2014-
94), environmental health regulations, and potential cost, many residents
may have a limited opportunity to have a temporary health care structure
be placed on their property. However, the proposed amendment for
temporary health care structures is not the only option available, but is
instead providing an additional option to Orange County residents. These
standards and financial costs can also limit the opportunity for residents to
build an efficiency apartment, construct an addition to an existing
residential structure, or place a temporary mobile home. The purpose of all
these residential uses, including temporary health care structures, is to
provide temporary or permanent, more affordable, higher quality, and
accessible housing options for those in need.
The initial cost of a temporary health care structure can be alarming. A
temporary health care structure can include a onetime cost up to $125,000
or a lease cost up to $2,000 a month, both costs depend on added medical
and/or technology features. When compared to the median monthly and
yearly cost of a nursing home or assisted living facility in the state of North
Carolina and the Chapel Hill-Durham area, it can be viewed as a less
expensive option for Orange County residents.
Median Cost of Assisted Livilig or Nursing llome,Room Ca pared to a'`
Tem :p oia" Ii atth Care Strtiettire
North Carolina Chapel Hill—Durham Area
Nursing Assisted Nursing Assisted Temporary Health
Care Structure
Home Living Home Living
Monthly Cost $5,977 $2,900 $6,388 $3,500 $2,000
Yearly Cost $71,723 $34,800 $76,650 $42,000 $24,000
Source:North Carolina State Specific Data from the Genworth Cost of Care Survey
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b. Advisory Boards:
c. Local Government Review:
The proposed text amendments were comments have been received.
submitted to the JPA Partners on
January 14, 2015. To date, no
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
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
Emergency Services, and Tax/Land Records
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.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3 for proposed language.
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado @orangecountync.gov
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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:
"§ 153A-341.3. Zoning of temporary health care structures.
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.
Caregiver. —An individual 18 years of age or older who (i)provides care for
a mentally of physically impaired person and (ii) is a first or second degree
relative of the mentally or physically unpaired person for whom the
individual 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 or 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
requirements beyond those imposed upon other authorized accessory use structures, except as
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otherwise provided in this section. Such temporar fly health care strictures shall comply
with all setback requirements that apply to the primary structure and with any maximum floor
area ratio limitations that may apply to the primary structure.
(c) Any person proposing to install a temporar family health care structure shall first
obtain a permit from the city. The city may charge a fee of up to one hundred dollars ($100.00)
for the initial permit and an anneal renewal fee of up to fifty dollars ($50.00). The city may not
withhold a permit if the applicant provides sufficient proof of compliance with this section The
city ay require that the applicant provide evidence of compliance with this section on an
annual basis as long as the temporary family health care structure remains on the property. The
evidence may involve the inspection by the city of the temporary ly health care structure at
reasonable times convenient to the caregiver, not limited to any annual compliance
confirmation, and annual renewal of the doctor's certification.
L Notwithstanding subsection (i) of this section any temporary ly health care
structure installed under this section may be required to connect to any water, sewer, and
electric utilities serving the property and shall comply with all applicable State law, local
ordinances and other requirements including Part 5 of this Article as if the temporary family
health care structure were permanent real property.
fo No signnage advertising or otherwise promoting the existence of the temporary
health care structure shall be permitted either on the exterior of the temporar family health
care structure or elsewhere on the property_
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 of physically impaired person, the
temporary family amily health care structure may continue to be used, or may be reinstated on the
property within 60 days of its removal, as applicable.
The city may revoke the permit rag nted pursuant to subsection (e) of this section if
the permit holder violates any provision of this section or G.S. 160A-202. The city may seek
injunctive relief or other appropriate actions or proceedings to ensure compliance with this
section or G.S. 160A-202.
W 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)ieads 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 makes 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
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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 amily health care structures, as defined in
G.S. 160A-383.5, shall be considered dwellings for purposes of this Part,
provided that any ordinance provision requiring minimum square footage
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 13
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to allow temporary health care structures, 300 square feet or less, to be permitted as an
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.
The Board of County Commissioners finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
c. The amendment is consistent with applicable plans because it:
1. Supports the following 2030 Comprehensive Plan goals and objectives:
Chapter 4 — Housing Element— Section 4.6 Goals
Housing Overarching Goal: Opportunity for all citizens of Orange County to
rent or purchase safe, decent, accessible, and affordable housing.
Housing Goal 2: Housing that is useable by as many people as possible
regardless of age, ability or circumstance.
d. The amendment is reasonable and in the public interest because it:
1. Provides a temporary, affordable, higher quality, and accessible housing
option for those in need.
2. Allows residents with mental or physical impairments to reside with their
families in order to receive the care they need.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Earl McKee, Chair Date
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Ordinance #: ORD-2015-021 Attachme 14
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, recent changes in State Law, specifically Session Law 2014-94 signed into law
on August 1, 2014, adopted new regulations for the permitting of temporary health care
structures in the state, and
Whereas, the County determined new language needed to be added to the UDO to
ensure consistency with these changes, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the County has held the required public hearing and has found the proposed
text amendment is consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective on September 1, 2015.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2015.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2015 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
, 2015.
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SEAL
Clerk to the Board of Commissioners
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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
Article 5: Uses 17
Section 5.5: Standards for Residential Uses
In addition to the information required by Section 2.7, the following info r tion
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 proposed ntours. Proposed
b .dings, parking, access, service, re ation, landscaped and screened
areas.
(c) Other criten s set forth in tions 6.2.11 and 6.3.
(d) A statement conc i the provision of public services which shall
include fire, polic n scue protection.
(2) Standards of Eval ion—
(a) Ade to parking, access and se 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
Article 5: Uses 18
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.
SECTION • ' COMMERCIAL
5.6.1 Nig lubs, Bars and Pubs
(A) Ge al Standards for Evaluation
(1) Bu gs for nightclubs, bars and pubs shall not be ated within 200 feet of a
residen
5.6.2 Massage Business
(A) General Standards for Evaluati
(1) Must comply with the O nance r the Control of Massage and Massage
Establishments
(2) The submitt f construction plans for all e i 'ng and proposed buildings
housin a massage business. The constructio Tans 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 19
Section 10.1: Definitions
"elecommunication 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.
"emporary 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.
fen-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
Excerpt of Minutes Attachment 4
20
DRAFT MINUTES—May 26, 2015 QPH
A. OPENING REMARKS FROM THE CHAIR-Chair McKee and PB Chair Pete Hallenbeck
B. PUBLIC CHARGE
Chair McKee dispensed with the reading of the Public Charge
C. PUBLIC HEARING ITEMS
5. Unified Development Ordinance (UDO) Text Amendment - To review government-
initiated amendments to the text of the UDO to incorporate recent changes in State law with
respect to the review and permitting of temporary health care structures.
Ashley Moncado, Orange County Planning Inspections, presented the following
PowerPoint slides:
Unified Development Ordinance
Text Amendment
Temporary Health Care Structures
Quarterly Public Hearing
May 26, 2015
Item C5
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
What is a Temporary Health Care Structure (THCS)?
• General Definition
o A mobile, modular unit, which may include health care amenities, designed to be
temporarily placed on a caregiver's property for rehabilitation and extended care
of an impaired relative.
• Purpose
o Provide a temporary, affordable, higher quality, and accessible housing option for
those in need, and for families in place of a nursing home facility.
• Similar to a state of the art hospital room
• Also known as:
• MEDCottages
• Granny Pods
Session Law 2014-94
• Background
• Concerns with existing zoning regulations limiting temporary health care
structures
• Adopted (August 1, 2014) to accommodate use and limit permitting obstacles
statewide
• Modeled after 2010 Virginia State Legislation
• Purpose
o Allow people with mental or physical impairments to live and reside with their
families in order to receive the care they need.
21
DRAFT MINUTES—May 26, 2015 QPH
• Outlined Definition and Regulations
Proposed Amendments
• Proposed Revisions to:
• Section 5.5, Standards for Residential Uses
• Article 10, Definitions
• Packet includes the proposed amendments in "track changes" format
• Renumbering and reformatting of identified Sections
Proposed Amendments
Definition
• 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.
Proposed Amendments
Submittal Requirements
• Must meet Section 2.4, Zoning Compliance Permits
• Documentation identifying the relationship of the occupant of the THCS and
occupant of the single family dwelling
• Physician's certification
Proposed Amendments
Standards of Evaluation
• Existing single family residential dwelling unit must be located on the same
parcel as the THCS
• No more than one THCS per lot
• Must meet setback standards contained in Section 5.5.1, Accessory Structures
and Uses
• Occupancy shall be limited to one mentally or physically impaired individual
• No signage or advertisement promoting the THCS shall be permitted
• Shall be required to connect to water, wastewater, and electric utilities serving
the principal structure
• All applicable state and local approvals and permits shall be acquired
Proposed Amendments
Standards of Evaluation
• Approval of the application shall not exceed one year and require annual renewal
• Must be removed 60 days after the mentally or physically impaired person is no
longer receiving care or is in a need of assistance
• Caregiver shall allow inspections of the property by the County
Public Notification
• Completed in accordance with Section 2.8.7 of the UDO
22
DRAFT MINUTES—May 26, 2015 QPH
o Newspaper legal ads for two successive weeks
Joint Planning Area Partners
• Proposed amendments provided on January 14, 2015
o No comments have been received
Recommendation
The Planning Director recommends the Board:
• Receive the proposed amendments to the UDO as detailed in this abstract and
attachments.
• Conduct the public hearing and accept public, BOCC, and Planning Board
comment on the proposed amendments.
• 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.
• Adjourn the public hearing until September 1, 2015 in order to receive and
accept the Planning Board's recommendation and any submitted written
comments.
Commissioner Dorosin asked if the building of a THCS is permissible, only if the
recipient of the care is related to the landowner.
Ashley Moncado said that is correct.
Commissioner Dorosin asked if the THCS must be removed from the property, once the
relative improves or moves on to a different living situation.
Ashley Moncado said currently only one company makes this type of THCS, and they
are built to be temporary. She said the THCS are built out of Virginia, where there are almost
the same state regulations as North Carolina. She said the TCHS cost about $100,000, and
there is no restriction on the word "temporary," so it could be on a property long term.
Commissioner Rich asked if the TCHS remains on a property for many years, must it
always be inhabited by the ailing relative.
Ashley Moncado said yes.
Commissioner Rich asked if there appears to be a need for the TCHS in Orange County.
Ashley Moncado she said no one has gone through the process to be permitted, but
there have been inquiries.
Commissioner Price asked if a domestic partner would fall under the category of relative,
and be able to reside in a TCHS.
Ashley said that would apply for the family relationship.
Commissioner Price asked for clarification regarding how water and sewer would work.
Ashley said the applicant would have to go through Environmental Health to make sure
that their present system has the capacity to accommodate this usage.
Commissioner Price asked if this would also pertain to the Rural Buffer, and would
Orange Water and Sewer Authority (OWASA) be involved.
Ashley said yes, but properties in the rural buffer on mostly well and septic systems.
A motion was made by Commissioner Rich, seconded by Commissioner Pelissier for the
Board: To 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.
VOTE: Ayes, 5; Nays, 1 (Commissioner Dorosin)
Motion Passes
23
DRAFT MINUTES—May 26, 2015 QPH
Commissioner Dorosin said he likes the idea of the THCS, but he would like for the
Board to consider amending the UDO, making such structures more accessible and the
regulations less onerous.
Commissioner Pelissier said the BOCC could direct the Planning Board to deliberate on
this issue, and to consider other options before returning to the Board of County Commissioners
with their recommendation.
A motion was made by Commissioner Price seconded by Commissioner Pelissier to
adjourn the public hearing until September 1, 2015 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
VOTE: UNANIMOUS
Attachment 5 24
Approved 7/1/2015
1 MINUTES
2 PLANNING BOARD
3 JUNE 3,2015
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lydia Wegman-At-Large Chapel
7 Hill Township (Vice Chair); Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill
8 Township; Buddy Hartley, Little River Township Representative; Bryant Warren, Hillsborough Township
9 Representative; Laura Nicholson, Eno Township Representative; Lisa Stuckey, Chapel Hill Township Representative;
10 Maxecine Mitchell, At-Large Bingham Township; Herman Staats, At-Large, Cedar Grove Township; James Lea,
11 Cedar Grove Township Representative;Andrea Rohrbacher,At-Large Chapel Hill Township;
12
13 MEMBERSABSENT: None
14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Ashley Moncado,
16 Special Projects Planner; Rachel McCook, Planning Technician; Erica Gray Administrative Assistant II;
17
18 ******
19
20 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT\AMENDMENTS: To make a
21 recommendation to the BOCC on government-initiated amendments regarding the
22 review and permitting of temporary health care structures. This item was heard at
23 the May 26, 2015 quarterly public hearing.
24
25 Presenter: Ashley Moncado, Special Projects Planner
26
27 Ashley Moncado: Reviewed abstract.
28
29 Herman Staats: The building and efficiency or some other addition to a structure. I could do that anyway
30 as long as my lot size allows me so nothing in what we discussed about this temporary health care
31 structure prevented someone from using those if they wanted to?
32
33 Ashley Moncado: Correct. There are other options provided in the LIDO.
34
35 Herman Staats: I didn't understand why it's so restrictive.
36
37 Craig Benedict: When you bring it back to the BOCC,we will explain that more.
38
39 Lisa Stuckey: If I go to page 73, 5-48 under 5.9 (a) 1, if I wanted to do one of these things and hire this
40 company that would put one up, at that point, does it have to be a first or second degree relative?
41
42 Ashley Moncado: Yes. All those options, a relationship by marriage or a legal guardian.
43
44 Lisa Stuckey: If I want to use one of these things, then I am restructured.
45
46 Pete Hallenbeck: This is a state issue.
47
48 Michael Harvey: We are doing this amendment because the state recognizes this specific unit. Previously,
49 our ordinance allowed for a mobile home to be on a property every year. We had to recognize it because
1
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Approved 7/1/2015
50 the state said we had to allow this and it was a compromise to what was really and unreasonable process
51 to allow for a temporary custodial mobile home that imposes an additional cost.
52
53 Ashley Moncado: We have had previous staff discussion about aging in place, having an accessory
54 dwelling unit to live together in a dwelling unit, etc.
55
56 Pete Hallenbeck: You are putting this in because there is a person with healthcare issues that you want to
57 take care of on your property.
58
59 Lisa Stuckey: Could we recommend losing that limitation?
60
61 Ashley Moncado: I would feel that if you are not more restrictive statute we could recommend it tonight and
62 present it to the BOCC.
63
64 Laura Rohrbacher: I have an issue regarding aging in place and if you have two aging parents, the
65 temporary health care structure does not address that.
66
67 Pete Hallenbeck: If we are going to get rid of the relationship thing. I would like to put something in there
68 that says you care for the people without charging them.
69
70 Tony Blake: How does this differ from a trailer? This sounds like a high end solution for people. This
71 sounds to be a specific company to corner the market on a high end solution and exclude everything else.
72
73 Pete Hallenbeck: The state's going to do it. Did you want to take the funny thing being rammed down our
74 throat or take the rest of the LIDO and try to solve the problem? If we are getting rid of the family thing, put
75 something in there that says don't charge.
76
77 Ashley Moncado: Reconstructed NC State building codes, a manufactured or mobile home would not
78 qualify as a temporary health care structure.
79
80 Tony Blake: So there's a different building code for a temporary health care structure?
81
82 Ashley Moncado: Temporary health care structures are to be built to NC State building code as the same
83 as a modular unit so there are standards that are similar to a modular unit.
84
85 Tony Blake: Trying to prevent people from putting mobile in?
86
87 Ashley: Possibly, but we still have the option of that. You can go through the option of having a temporary
88 mobile home brought on a piece of property.
89
90 Tony Blake: this seems to be almost legislation for a specific company to try and corner the market on a
91 high end solution and exclude everything else. That's what worries me and I think that's what worries
92 commissioner Dorosin as well.
93
94 Pete Hallenbeck: All that's true, the states going to do it, they've been quietly whacking away at everything.
95 The only think I would say on amending this is do you want to take this one funny thing being rammed
96 down our throats and try and solve a problem or do you want to take the rest of the LIDO and really really
97 solve a problem. I don't have a strong feeling about it, the only thing I would say is if you're taking out the
98 family thing don't charge them.
2
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Approved 7/1/2015
99
100 James Lea: Does this amendment require a special use permit?
101
102 Michael Harvey: No, because state law says you have to allow it.
103
104 James Lea: You have to allow this?
105
106 Michael Harvey:Yes.
107
108 Paul Guthrie: That's why it's really touchy if we take this and say oh here's this problem and get rid of
109 something and now's there's this thing that we have to allow and what's that going to bring to it.
110
111 Tony Blake: General standards aids submittal requirements 1 a & b are really there to do what you are
112 talking about which is say it's harder to judge a family than someone else.
113
114 Pete Hallenbeck: That's a good point it's harder and charge is also nebulous right
115
116 Tony Blake: Right.
117
118 Pete Hallenbeck: Grandma you can live here I got this little thing you need to sign in regards to your estate
119 first.
120
121 Paul Guthrie: If the state requires this to why do we have to put it in the UDO?
122
123 Tony Blake: Because the state has to come in and inspect them and do all of that right
124
125 Paul: The 2nd thing is if it is possible to basically do this under existing LIDO provisions why get us into this
126 business of degree of relationship?
127
128 Ashley: Currently this type of use has no way to permit it under the LIDO because it is specific to new use.
129 There's nothing that qualifies for it to be permitted to the LIDO and we are going through this process to be
130 consistent with state regulations to identify new LIDO. Now that you're looking at doing all these types of
131 amendments if we weren't going through this process then it would be permitted as state statue. Currently it
132 is allowed to be permitted and we are trumping the state statue if you're removing this regulation regarding
133 the relationship. If someone came in without this in the LIDO we would have to require that relationship.
134
135 Paul Guthrie: The state doesn't require a facility to be built but does the state specify who can use it?
136
137 Ashley Moncado: Yes
138
139 Paul Guthrie: Anybody?
140
141 Ashley Moncado: Well do they specify it has to be a physically or mentally impaired individual NC resident.
142
143 Lydia Wegman:And a relative
144
145 Ashley Moncado: Yes
146
147 Paul Guthrie: And a NC resident on top of that?
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Approved 7/1/2015
148
149 Pete Hallenbeck: That's where your submittal requirements came from the state law?
150
151 Ashley Moncado: Yes, all of this is the state law. We cannot change it if it's not identical it's very similar.
152
153 Paul Guthrie: The owner of the property has to be a NC resident and the recipient of the housing has to be
154 a NC resident.
155
156 Ashley Moncado: Yes
157
158 Paul Guthrie: The lawyers are going to have a field day with this one.
159
160 Pete Hallenbeck: And it's going to cost you about$100,000.
161
162 Craig Benedict: Whey you get a mandate from the state and you start trying to tweak it it's a slippery slope.
163 So we can resolve some of the options about having people not related by blood living in these accessory
164 structures. I would suggest let's get this statue, preemption of a lot of our other rules, put in and address
165 the other issues about being more flexible and not having the relationship stuff addressed by other portions
166 of the code. Right now how many people do we allow unrelated by blood in the house?
167
168 Ashley Moncado: 3
169
170 Craig Benedict: Some places allow more than that so I mean there could be a case where you want to go
171 up to 4 or 5 so we would be suggesting other amendments to the code to allow housing opportunities that's
172 the new trend. I think we could make an amendment to this and the state says are you adhering to us and
173 we say yes and made it even better and they are like Orange County did something again to our
174 minimums. That's just an idea I think we can address other sections of the code and since the state is
175 asking for this almost verbatim it would be better to let this fly.
176
177 Pete Hallenbeck: I don't want to take a bad idea and say we combed it's hair and put lipstick on it and now
178 it's good.
179
180 Lydia Wegman: Craig, when you say address it in the code you would have to develop new amendments to
181 the code
182
183 Craig Benedict: Yes
184
185 Lydia Wegman:Added to the long list already
186
187 Lisa Stuckey:You could do a completely identical parallel amendment to the code and just change the
188 things we like. We could have 2 of them sitting there.
189
190 Pete Hallenbeck: I'll remind everybody that we have this dinner with the commissioners every year and
191 that's an opportunity to say here are areas that we think would be interesting to look at this might be a very
192 good thing to look at and now you're going to go through the right process instead of tweaking it and if this
193 goes away, we could still have our solution.
194
195 Laura Nicholson: I withdraw my amendment request however this is a solution without a problem. It's a
196 unaffordable ridiculous thing but I am all for complying with state regulations.
4
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197
198 Tony: 1 question for Mike, this temporary structure does this count against your impervious surface?
199
200 Michael Harvey: Everything counts against your impervious surface if it meets the definition.
201
202 Paul Guthrie: Between the septic laws and the impervious surface, I think there can be lots of decisions
203 made on the process.
204
205 Lydia Wegman: Craig & Michael you mentioned co-housing and it sounds like some discussion is going on,
206 is that something this could incude addressing this problem that we're talking about?
207
208 Craig Benedict: Yes. I think this could go true we have new initiatives about affordable housing about small
209 housing but we've been trying to describe these new housing opportunities out there. Are they mobile
210 homes, are they RVs, are they micro houses, we will be presenting to the commissioners probably in
211 September of this year. These other type of housing options would address bringing the parents back in the
212 house. We're into that process, we would expect getting a green light to address some of those issues in
213 September or October and bringing forward later this year.
214
215 Lydia Wegman:And would that kind of thing come to the planning board fi the commissioners said go?
216
217 Craig Benedict: Yes, definitely.
218
219 Lydia Wegman: Thank you.
220
221 Pete Hallenbeck: We have a statement of consistency to vote on and it says this isn't against what's in the
222 comprehensive plan. It addresses a .25%improvement on that plan. We'll need a motion to vote on that
223 and then vote on the specific amendment items here. We'll make a recommendation to the BOCC on the
224 statement of consistency that yes we think it is consistent.
225
226 MOTION made by: Buddy Hartley. Seconded by: Bryant Warren
227
228 Lydia Wegman: Housing goal #2—Housing that is useable by as many people as possible regardless of
229 age, ability or circumstances but this is only useable by one person
230
231 Tony Blake: 1 income
232
233 Laura Nicholson: it also says affordable housing earlier in that.
234
235 Lydia Wegman: I don't think it's consistent so is m going to vote No.
236
237 Pete Hallenbeck: The comprehensive plan and the UDO are often in conflict with each other.
238
239 Lydia Wegman: I know that.
240
241 Pete Hallenbeck: We want affordable housing and we want sidewalks.
242
243 Lydia Wegman: I realize that I will just note this requirement to vote on consistency is an empty
244 requirement because as you say Pete, there's always a lot of inconsistent things in the comprehensive plan
245 and you could find something to support almost any position in the plan.
5
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Approved 7/1/2015
246
247 Paul Guthrie: Are you going to call the vote.
248
249 Vote 10 to 2 (Paul Guthrie/Lydia Wegman*)
250
251 Paul Guthrie: I didn't like it.
252
253 Pete Hallenbeck: Motion to approve the amendment as in the packet UDO amendments.
254
255 James Lea: What page is that on?
256
257 Pete Hallenbeck: 73 attachement 3.
258
259 Motion by Buddy Hartley. Seconded by Bryant Warren.
260
261 Pete Hallenbeck: This is the section in red we discussed where it says the submittal requirements and so
262 forth. This document is very much driven by the state law.
263
264 Ashley Moncado: Yes
265
266 Vote: 9 to 3 (Lydia Wegman, Lisa Stuckey and Paul Guthrie)
267
268 Pete Hallenbeck: Paul would you like to say anything.
269
270 Paul Guthrie: Bad law, we can deal with the issue without it.
271
272 Lisa Stuckey: I'm voting no simply because I don't think we have all the facts. This is something worth
273 asking the attorney whether it could be made less restrictive to include nonrelatives to be in compliance
274 with other areas of our UDO to allow husband and wife to be in there together so I just feel like I would
275 rather let the attorney guide us, something for county commissioners to ask the attorney.
276
277 Lydia Wegman: I agree with Lisa. I'm concerned about approving just this piece without having the other
278 pieces. We've talked about going forward with it so it's clear that we are presenting a whole package of
279 options to people who are facing this situation. We may need to follow up on Lisa's suggestion and we
280 many need to approve this but I would like to see if there is a way at the same time to approve something
281 that is broader and meets the needs of many more people in the county.
282
283 ******
*Red text was added to the June 3,2015 minutes to accurately present the vote regarding this item on July 2,2015 following Planning Board adoption.
6
30
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to allow temporary health care structures, 300 square feet or less, to be permitted as an
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.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
c. The amendment is consistent with applicable plans because it:
1. Supports the following 2030 Comprehensive Plan goals and objectives:
Chapter 4 — Housing Element— Section 4.6 Goals
Housing Overarching Goal: Opportunity for all citizens of Orange County to
rent or purchase safe, decent, accessible, and affordable housing.
Housing Goal 2: Housing that is useable by as many people as possible
regardless of age, ability or circumstance.
d. The amendment is reasonable and in the public interest because it:
1. Provides a temporary, affordable, higher quality, and accessible housing
option for those in need.
2. Allows residents with mental or physical impairments to reside with their
families in order to receive the care they need.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
Pete Hallenbeck, Chair Date
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