HomeMy WebLinkAboutAgenda - 09-08-2015 - C2 35
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 8, 2015
Action Agenda
Item No. C.2
SUBJECT: Unified Development Ordinance Text Amendment - Public Hearing Process
Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Comprehensive Plan/UDO Amendment Perdita Holtz, Planning, 245-2578
Outline Form (UDO/Zoning 2015-09) Craig Benedict, Planning, 245-2592
2. Proposed UDO Text Amendments
PURPOSE: To hold a public hearing on Planning Director initiated Unified Development
Ordinance (UDO) text amendments to revise the existing public hearing process for UDO-,
Comprehensive Plan-, and Zoning Atlas-related items.
BACKGROUND: The "Amendment Outline Form" (Attachment 1) for these amendments was
approved by the BOCC at its June 2, 2015 regular meeting, after discussion of the topic at the
May 12, 2015 BOCC work session. Please see Section B of Attachment 1 for background and
analysis, including information on three objectives near the bottom of page 3 of the Amendment
Outline Form.
FINANCIAL IMPACT: Existing staff will complete the necessary work required for this project.
Adoption of the proposed revisions is not expected to cause significant financial impacts
(negative or positive).
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
RECOMMENDATION(S): The Planning Director recommends the Board-
1. 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 November 5, 2015 BOCC regular meeting.
4. Adjourn the public hearing until November 5, 2015 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1 36
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-09
Revisions to Public Hearing Process
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) 1.6.2, 2.1, 2.3, 2.7, 2.8, 2.11.6 (correct typo), 2.12.6, and 5.10.2.
® Other: Planning Board Rules of Procedure to: 1) require that the Planning
Board Chair (or Vice-Chair in Chair's absence) attend quarterly public
hearings and BOCC meetings at which a decision is scheduled for items
on which the Planning Board has made a recommendation; and 2) to
encourage Planning Board members to attend Neighborhood
Information Meetings (NIMs) for Class A Special Use Permits and
Conditional Zoning Districts and to address procedures for notification
regarding NIMs.
B. RATIONALE
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1. Purpose/Mission
To consider revisions to the current public hearing process for Comprehensive Plan
Unified Development Ordinance, and Zoning Atlas amendments.
County staff and elected officials received comments during development of the
Comprehensive Plan (2008) and Unified Development Ordinance (2011) about the
perceived need to streamline and speed up decisions on applications.
2. Analysis
This topic was discussed extensively in 2014, after being heard at the September
2014 quarterly public hearing. The public hearing for the amendments, as proposed
in 2014, was closed in November 2014 when it became apparent that the proposal
would change significantly enough to require another public hearing. The topic was
recently discussed at the May 12, 2015 BOCC work session. Work session materials
include links to prior materials and are available
at: Ll!p-://www.oranqecountvnc.qov/1
Ordinance Review Committee (ORC), a function of the Planning Board, reviewed
draft language in July and August 2015. At the time, internal staff/attorney review
was ongoing and the materials to be presented at public hearing have been modified
from the versions the ORC reviewed. ORC agenda materials and meeting notes are
available
at: _http://www.oranpecount�nc.pov/departments/planning and inspections/orange c
ounty planning board (pb).php#revize document center rz3783
Proposed Revisions
The following revisions are being proposed:
• Planning Board review/recommendation would occur prior to the public
hearing for both legislative and quasi-judicial (Class A Special Use Permit)
items. (The existing process is for Planning Board review/recommendation to
occur after the public hearing).
o Notification of the Planning Board meeting would be mailed/posted for
items requiring such notice (e.g., map amendments or development
projects) and the public would be able to address the Planning Board at
its meeting. The proposed process would allow for public notification
and involvement earlier than the existing process.
• No longer require a quorum of Planning Board members in order to hold a
quarterly public hearing. Planning Board members would still be expected to
attend the hearing but a quorum of members would not be necessary in order
for the hearing to be held. This revision would mean that the quarterly public
hearings would no longer be considered joint BOCC/Planning Board hearings
since, without a quorum requirement, the Planning Board could not be
considered an official board in attendance.
o Revise the Planning Board Policies and Procedures to require that the
Planning Board Chair, or Vice-Chair in the Chair's absence, attend the
quarterly public hearings and also the BOCC meetings at which a
decision is scheduled for items on which the Planning Board has made
a recommendation.
38
• Allow Comprehensive Plan amendments to be heard at any quarterly public
hearing. Existing language that states "principal" Comprehensive Plan
amendments are "generally" considered only once per year at the quarterly
public hearing in February is proposed for deletion (Section 2.3.7).
Additionally, language that classifies Comprehensive Plan amendments into
"principal" and "secondary" amendments (Section 2.3.4) is proposed for
deletion because it is relevant only in conjunction with Section 2.3.7.
• Legal advertisement of quasi-judicial hearing items: the Attorney's office has
suggested that Special Use Permit applications (both Class A and Class B) no
longer be included in legal advertisements since the general public does not
have standing to participate in quasi-judicial hearings. Language
modifications in Sections 2.7.6 and 2.12.6 reflect this suggestion.
• Closure of public hearings: Modifications in Section 2.3.11, 2.7.9, and 2.8.9
would mean that the BOCC would close the public hearing the night of the
hearing. At that time, the BOCC could defer a decision to a later BOCC
meeting date; make a decision; or, as a procedural right not included in the
text of the UDO, send an application back to the Planning Board for further
review. If the BOCC chooses to defer a decision to a later meeting date
legislative items could be listed on the future BOCC agenda as "Regular
Agenda" items and additional public comment could be accepted. The
existing requirement for only written comments after the quarterly public
hearing is proposed for deletion.
o In order to meet legal sufficiency requirements, hearings for quasi-
judicial items (Class A Special Use Permits) would be continued to a
date/time certain if additional evidence is requested at the quasi-judicial
hearing. The date/time certain could be a regular BOCC meeting (e.g.
not necessarily the next quarterly public hearing). Written evidence
after the quasi-judicial hearing would no longer be permitted.
• The BOCC may wish to consider adding an additional heading to
its agendas: Quasi-Judicial Hearings, along with a note
explaining that only persons with legal standing can participate in
quasi-judicial hearings. Quasi-judicial items deferred for decision
to a later meeting date or for which the hearing was continued in
order to receive additional evidence would be listed on the
BOCC agenda under this new heading.
As has been discussed in the past, the bases for some of the proposed revisions are
as follows:
1. Allow the public to make comments at the end of the process.
2. Do not require a quorum of Planning Board members in order to hold a public
hearing.
3. Streamline and speed up the review/decision process when possible.
The proposed revisions are expected to achieve these objectives. When the BOCC
discussed this topic at its May 12, 2015 work session members indicated that if the
process were revised it should be evaluated after one year to ensure it was working
as intended and satisfactorily. If the proposed revisions are adopted, an evaluation
39
can be scheduled for a year later. Any future revisions to the UDO would need to be
brought forward to a future public hearing.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6: A land use planning process that is transparent, fair, open
efficient, and responsive.
4. New Statutes and Rules
N/A_
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
June 2, 2015
b. Quarterly Public Hearing
September 8, 2015
c. BOCC Updates/Checkpoints
May 12, 2015 —work session
July 1, 2015 — Planning Board ORC (agenda materials are available to all
interested persons)
August 5, 2015 — Continuation of Planning Board ORC (agenda materials are
available to all interested persons)
November 5, 2015 — receive Planning Board recommendation and make decision
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:
Amendments proposed in 2014 were discussed extensively by the Planning
Board in October, November, and December 2014. This discussion informs the
2015 proposed amendments.
July 1, 2015 — ORC (Ordinance Review Committee)
August 5, 2015 — ORC (continued from July 1)
October 7, 2015 - recommendation
b. Advisory Boards:
40
c. Local Government Review:
Proposed text amendments were sent
to JPA partners (Towns of Chapel Hill
and Carrboro) on August 7, 2015 in
accordance with the JPA Agreement
since any project in the Rural Buffer
requiring a public hearing would be
subject to any new process. To date,
no comments have been received
from the JPA partners.
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
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 FY2015-16 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
If adopted, the amendments would revise the existing process used by Orange County
to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas
amendments.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2
41
Primary Staff Contact:
Perdita Holtz, AICP
Planning Department
919-245-2578
pholtz @orangecountync.gov
42
Attachment 2
Amendment Package to Revise the Existing Public Hearing Process
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text to revise the existing public hearing process for Comprehensive Plan-
and Unified Development Ordinance-related hearing items. This proposal would revise the
existing cadence and have the Planning Board make its recommendation before the public
hearing. See Section B of the Amendment Outline Form (Attachment 1 of agenda item
materials) for a more detailed analysis of the proposed revisions.
Proposed additions/changes to existing UDO text are depicted in red. Some of the proposed
changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that
these excerpts are part of a much larger document (the UDO) that regulates land use and
development in Orange County. The full UDO is available online
at: http://orangecountync.qov/planninq/Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
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. Text with a large "X" is not proposed for
deletion; proposed deletions are shown in strikethre g4 text.
43
(C Each Township within the County shall be represented in the membership of the rd
at least one resident.
(D) The Bo of County Commissioners may by resolution establish rul elated to the
requiremen r volunteer service on the Planning Board, appoi ent and removal of
Planning Board bers, and rules of procedure.
(E) In establishing the Planni Board and its program Board of Commissioners intends
that the Planning Board be g i d by the follo i principle:
(1) The Comprehensive Plan, a y ordinances or other measures to effectuate it,
shall be made with the ge al p se of guiding and accomplishing a
coordinated, and har pious develop t of the County which will, in
accordance wit esent and future needs, st promote health, safety and the
general we e, as well as efficiency in the proc of development; including,
amon er things, adequate provisions for traffic, t romotion of safety from
f and other dangers, adequate provision for light and ai , e promotion of the
healthful and convenient distribution of populations, the promo i of good civic
design, wise and efficient expenditure of public funds, and adequat ovision of
public utilities, services, and other public requirements, and conservatio
significant natural and man-made resources within the County.
1.6.2 Tenure and Membership Expectations
(A) The tenure of office shall be three years. Members are eligible for reappointment for a
second consecutive full term. After two consecutive terms a member shall be ineligible
for reappointment for one year after the expiration of the previous terms.
(B) Appointments shall be made so that one-third of the terms expire in March of each
calendar year.
(C) Appointments made to fill vacancies shall be for the unexpired term and shall not be
counted as a term in determining eligibility for reappointment.
(D) A member whose term has expired shall continue to serve on the Board until his/her
respective successor has been appointed.
(E) Attendance at the regular meetings of the Board and at quarterly public hearings' shall
be considered a prerequisite for maintenance of membership on the Planning Board.
The Board of County Commissioners may declare a vacancy on the Planning Board
because of a member's non-attendance, in accordance with the Planning Board Rules of
Procedure.
(F) Absence due to sickness, death of an immediate family member or similar reason shall
be considered approved absences and shall not affect the member's status. In the event
of long illness or other cause for prolonged absence, the member shall be replaced.
(G) The Board of County Commissioners may by resolution establish rules related to tenure
and membership expectations. If the terms of such resolution, or policy created thereby,
conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy
shall control.
71:6::3
As provided for in 1 - f the General Statutes of arolina, as amended, the Planning
Board shall have the following gene ers uties:
(A) Make studies of Oran my and surroun i
(B) Determ' jectives to be sought in the development of Orange
Propose and recommend plans for achieving these objectives;
1 Proposed addition to clarify that Planning Board members are expected to attend the quarterly public hearings.
44
ARTICLE 2: PROCEDURES
SECTION21- • ALMORITY — SUMMARY
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
• r
ZONING/DEVELOPMENT EROSION DEVELOPMENT
ADVISORY BOARD O
REVIEw RELATED PLANNING CONTROL
PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT BOARD
DA
Zoning Compliance R and DM R R
Permits
Soil Erosion and
Sedimentation Control R and DM
Permits
Stormwater Management R and DM
Plans
UDO Text Amendments R R R [1] DM and
PH
Zoning Atlas R R R [1] DM and
Amendments PH
DM and
Special Use Permits R R R D Class d B H Class]A PH
Class A
Zoning Variances R R DM and PH
Conditional Use R R R R [1] DM and
PH
Appeals/Interpretations R R DM and PH
Comprehensive Plan R R [1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM R and
[21 DM
Conditional Use R R R R [1] R, DM,
and PH
Appeal
NOTES
[1]
a P611910G heaFiRg. The PlaRRORg gGard will have the item refi@ i:sd tA itand shall have up te 9Q days te
the
,,o.,+,,., appli atilt. The Planning Board reviews applications and makes a recommendation prior
to the public hearing held by the Board of County Commissioners. The Board of County Commissioners
may choose to refer an application back to the Planning Board at the conclusion of the public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation
on the Preliminary Plat to the BOCC.
45
(A) Board of County Commissioners denies an application, or the a
withdra subsequent to notice of the public hearing th application for the same
or similar am ent, affecting the sa y or a portion of it, may be submitted for
a period of one yea . ar
period b i e date enial or Comprehensive Submission of
rawal, as appropriate. Plan Application
2.2.9 Manner of Review Amendment
Applications requiring a public hearing shall be Classification -
reviewed using either a legislative process or a Text or Land Use Plan (Map)
quasi-judicial process as follows:
(A) Comprehensive Plan amendments —
legislative
(B) Special Use Permits—quasi-judicial Text Land Use Plan
(C) Zoning Atlas and Unified Development (Map)
Ordinance amendments —legislative
(D) Conditional Use District (CUD)— rezoning
portion is legislative; Special Use Permit
portion is quasi-judicial See proposed revised
(E) Conditional Zoning District (CZD) - flow Chart on next page
legislative
SECTION COMPREHENSIVE
AMENDMENTS
2.3.1 Review and Approval Flow Chart Amendment, Public Hearing in Feb. [1];
The review and approval process for If Secondary
Comprehensive Plan Amendments is shown in the Amendment, Public
procedure's flowchart.
Hearing in Feb, May,
2.3.2 Generally Aug, or Nov
(A) The Comprehensive Plan shall be so
prepared that all or individual elements
and parts thereof may be adopted and/or taff Recommendation
amended by the Board of Commissioners. Planning Board
(B) For the purpose of establishing and
maintaining sound, stable, and desirable
development within Orange County, the
Comprehensive Plan or portion thereof Staff and PB Recommendation
shall not be amended except as follows: to BOCC
(1) Because of changed or changing
conditions in a particular area or
areas of the County; BOCC Decision
(2) To correct an error or omission; or
[1] If principal amendment is County initiated,it
may be scheduled by BOCC at any quarterly Public
Hearing.
z Proposed to be added to provide clarity on which type of review process is used for the various types of
applications that require a public hearing. Staff is not suggesting adding the specifics of each process in the UDO
as specifics may change as case law is made or State statutes are modified.
46
Comprehensive Application
Proposed flow chart for Section 2.3.1 Plan Submittal
Amendments
Text Future Land Use Map
Post Sign /Mail Notice for
Planning Board Meeting
and Public Hearing
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Publish Legal Ad
(Both Amendment Types)
Staff and Planning Board
Recommendation to BOCC
Quarterly Public
Hearing
BOCC Decision
Note: This chart is meant as a graphical
representation of the UDO text;the text shall take
priority in any conflict or ambiguity.
47
(3) In response to a change in the policies, objectives, principles or standards
governing the physical development of the County.
2.3.3 Initiation of Amendments
(A) An amendment to the Comprehensive Plan or portion thereof may be initiated by:
(1) The Board of Commissioners on its own motion;
(2) The Planning Board;
(3) Application, by any person or agency, which accurately and completely sets forth
the reason(s) for the proposed amendment as prescribed in Section 2.3.2(B); or
(4) The Planning Director.3
(B) Once initiated, all amendments shall be referred to the Planning Board.4
2.0.4;lassifisatien of A mendments5
°cennnrlarv° amenrlmenfc
(A) Drinrinal Amendmnnf; InrL-rle
0) rlitinnls tn nr mnrlifinafinn S f rS GbjGGti VG8,��nri 6SGFc4o a�
(2) "nrle� r
"- add iti A-AS tA- G-XiStiRg oz�Gti Vi Cyr AGIGIS vlhiirh
(3) PFG PPnPSalSfnr n 4ctA-AdiRg Plan area roc 4) GXiStiRg areas that
(B) Cerenrlary Amendments Inni-ide
(2) The nGSigniaterl Plan area Inihere the arlrlitinnal area 06 GeRtig i9n616
(3)A.nnrrentinn of an error nr nmiSSOO F
/A�����enc } anfi ial nr dGri Pfi�ie maferial
3(1)through (4)are currently(A)through (D). This section has been reformatted on the advice of the Staff
Attorney.
4 These proposed revisions here and on subsequent pages incorporate the discussion the Planning Board had in
October, November,and December 2014 and which the BOCC discussed on May 12,2015. The cadence of the
review process would be revised to have the Planning Board make its recommendation prior to the public hearing.
Notices would be mailed to nearby property owners and a sign(s)would be posted;this revision will notify nearby
property owners of potential changes much earlier in the process. Although the Planning Board meeting would
not be an official public hearing,the public could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process)and the Planning Board can take all public
comments into consideration when making its recommendation.
5 Staff proposes that this entire section (2.3.4) be deleted because it is relevant only in conjunction with Section
2.3.7. Rather than limiting"principal"amendments to being heard "generally"only once per year(as Section 2.3.7
does),staff proposes that any Comprehensive Plan amendment could be heard at any of the quarterly public
hearings. Deletion of this subsection will cause the renumbering of subsequent subsections in Section 2.3.
48
2.3.5 Public Hearing Required
A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment.
The Board of County Commissioners and th8 DIaRRiRg °^^rte'' shall hear applications and receive
public comment for proposed Comprehensive Plan amendments in a Quarterly Public Hearing.
2.3.6 Notice Requirements for Planning Board Meetings and Public Hearings$
(A) The Planning Director shall provide notice of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Future Land Use Map
amendments and Quarterly Public Hearings at which an amendment to the Future Land
Use Map is to be reviewed. Notifications of proposed Future Land Use Map
amendments shall occur as follows:
(1) Notice of the Planning Board meeting and public hearing shall be posted on the
affected parcel or on an adjacent public right of way a minimum of ten days prior
to the Planning Board meeting. Said notice shall contain the time and location of
both the Planning Board meeting and public hearing.9
(a) When multiple parcels are affected, a posting on each individual parcel is
not required, but sufficient notices shall be posted to provide reasonable
notice to interested persons.
(2) Written notice of the Planning Board meeting and public hearing shall be sent by
first-class mail to all property owners, as listed in the Orange County tax records,
whose property is affected or within 500 feet of the affected parcel(s). Said notice
shall be mailed at least 15 days prior to the date of the Planning Board meeting
and shall include the times and locations of both the Planning Board meeting and
public hearing.
(B) The Planning Director shall provide public notice for any Comprehensive Plan
amendment to be heard at a Quarto rly Public Hearing. The notice shall include the time
and location of the public hearing.
(C) For all proposed amendments, NGtiGe notice of the public hearing shall be given by
publishing said notice at least twice in a newspaper of general circulation in the County,
stating the time and place of such hearing and the substance of the proposed
amendment."
(1) This notice shall appear in said newspaper for two consecutive weeks with the
first notice appearing not less than ten days nor more than 25 days before the
date set for the public hearing. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.
6 Staff notes that public hearings are not required by State statutes for Comprehensive Plan amendments but
Orange County chooses to hold public hearings on amendments to the Comprehensive Plan.
Since a quorum of Planning Board members will no longer be necessary to hold a public hearing,the public
hearing would no longer be considered a joint hearing.
8 Staff notes there are no statutory requirements to provide notice of Comprehensive Plan amendments(since
statutes do not require public hearings for Comprehensive Plans), however, Orange County chooses to provide
notice regarding Comprehensive Plan amendments to property owners/residents in the same manner zoning and
UDO amendments(which are required by statutes to be noticed) are noticed.
9 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. Staff is proposing that the
notice for the Planning Board meeting and the later quarterly public hearing be combined into one notice so that
two notices are not required to be mailed.
10 Proposed addition made by the Staff Attorney.
11 This language is currently(A) but has been automatically re-numbered due to a new(A)and (B) being proposed
for addition.
49
(2) The minimum published size of the notice shall be 25 square inches.12
(D) In the nose pf amendments to the I and 1-168- Dlan (Map), Oho Phoning rlireptor shall
phaRgG or nn an adiapent pi ihlin street or highway right of Way not less than ten days
0) VVhGR mi iltiple panels are innli irlerl lecithin a propoSGd l=A_1n�l1l968- Dlan (map)
S.
(E) In the pase pf amendments to the I and I Ise Dlan (Map), Written Aetipe pf the pi ihlin
hearing !shall be sent by first-Glass mail to all property owners, as lis;ted_ the Orange
WAG] 1-1168 PlaR aMGRdFRGRt) and all PF()PGFtY GWRGHS Q_.r v.githmA 5-0-0- f4A-R-t. R-aid. A.AtMAR shall
he moiled at leoat 14 dove but not more thou 7!5 dove prior to the dote of the pi blip
he13
2.3.7 Consideration of Amendments 14
(A)
(B) If a PFORGipal aFRGRd PAR-.At or-, s A-he d----led by the Beard Gf G961 Rty G G-PAP-A.18s;MQ-.Ap-Ps fAr Qthp
(C)
(D) A proposed amendment may be considered in conjunction with a rezoning request for the
same property if the r GStS aFG plianpe with a adopted small a play 15
(E)
16
2.3.8 Application Requirements
(A) Generally
(1) All applications for amendments to the Comprehensive Plan shall be submitted
on forms supplied by the Planning Department and shall be signed.
(2) Three copies of the application shall be submitted to the Planning Director.
12(C)(1)and (C)(2)are currently(C) and (D) but have been recommended as subparagraphs by the Staff Attorney.
13(D)and (E) have been rewritten and combined into(A)above.
14 Staff proposes this section be modified, in conjunction with the proposed deletion of Section 2.3.4,so that any
proposed amendment to the Comprehensive Plan can be heard at any of the quarterly public hearings, rather than
limiting"principal"amendments to "generally"only the February QPH. (It is noteworthy that principal
amendments in recent years have been heard at hearings that were not in February,such as the land use
classification change in the Efland-Mebane corridor where Morinaga's factory is now located,which was heard at a
May QPH).
15 The Staff Attorney has recommended deletion of this provision due to concerns over who determines
compliance with a small area plan and how compliance is determined.
16 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the
modification in (D) is not made,the language of(E)should be modified because of the concern that a restriction on
a rezoning application has been placed in the Comprehensive Plan amendment section.
50
(3) Before accepting any amendment application, the Planning Director shall ensure
that it contains all required information, as specified in this Ordinance.
Applications which are not complete, or otherwise do not comply with the
provisions of this Ordinance, shall not be accepted by the Planning Director, but
shall be returned to the applicant, with a notation by the Planning Director of the
deficiencies in the application.
(B) Contents of Application
Applications for amendments to the Comprehensive Plan, without limiting the right to file
additional material, shall contain at least the following:
(1) For amendments to the Land I Ise Plan (map) Future Land Use Map"within the
Land Use Element, a map at a legible scale adequately illustrating the land which
would be covered by the proposed map amendment, and a complete list of
Property Identification Numbers (PIN)for the properties;
(2) For amendments to the Comprehensive Plan text, a copy of the existing text
provision(s)which the applicant proposes for amendment, and a written
statement which describes in detail changes which the applicant proposes to
make to the text of the Comprehensive Plan and the rationale for the proposed
amendment consistent with the standards established in this Ordinance; and
(3) All other circumstances, factors and reasons which the applicant offers in support
of the proposed Comprehensive Plan amendment.
2.3.9 Analysis and Recommendation
The Planning Director shall 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.
2.3.10 Planning Board Review
(A)
(B)
d-irenf the Planning Beard shall make its rennmmend-afinn Yniifhin three rani ilarly
A.R. eXtA.A.nn
✓xvrr.
(``) If the Planning Beard- fails fn make a rennmmenrlafinn y.fifhin the time allotted- in
(D) Amend-menu initiated- by QFaRge GG infy shall nnf he si 1bienf fn time limitations other
(E)
if it is for the Pi irPnse of Presenting infnrmafinn also si ihmitte d- in wFiting
(A) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board shall review and comment on applications and shall make one of the
following recommendations prior to the quarterly public hearing:
17 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
51
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes.
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.18
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall
A-monrlmon4 „n+il hold a public hearing after the Planning Board either makes its
recommendation or takes no action on the application aS PFGSGFibGGI P P thirrtrs RRAtmeeA within
30 days of its referral.19
(B)
by Oho Dlonninry BGaF l in making i4c ronnmmonrlo4inn
(C)
4hom by F@801 �4inn i Githor 1nnh2RgG l n r mnrlifigatinnc
(B) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board's recommendation, and the Planning Director's
recommendation.
SECTION ?A: ZONING COMPLIANCE PERMITS
2.4.1 Applicability
(A) As required by this Or i e, a Zoning Complian rmit must be issued before any
new site development, building, cture, o icular use area may be erected,
constructed or used.
(B) Submittal and approval o e plan (see Section required for issuance of a
Zoning Complianc rmit except for:
(1) . gle-family detached dwellings and duplexes, and accessory tures to
those residential uses shall require a plot plan as detailed within Sectio 3 of
this Ordinance.
18 This paragraph is a slight modification from existing paragraph (C),which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely,that the process moves
forward without a Planning Board recommendation).
19 The Staff Attorney has suggested this paragraph be rephrased to make it affirmative.
52
(3) Accessory Structures w is 12 feet or greater in height,
ep , meeting requirements of Section 6.6.1
SECTION
2.7.1 Generally
(A) Any use or development designated by applicable zoning district regulations contained
within Article 5 as a special use, or as
allowed only pursuant to a special use Application
permit (either Class A or Class B), may be Special Use Submittal
established in that district only after the use Permit
or development is authorized by a validly
issued and recorded special use permit.
Lta App lication Review and
(B) This section sets forth required review and mal Recommendation
approval procedures for submittal, review,
and approval of applications for special use See pr d
permit. [, -r �[ �(�
(C) A special use permit authorizes its holder to f WC ass S'S e e Glas�i4 S+®Pe
use or develop a particular parcel of land in
a particular way, as specified by the terms scheduled for scheduled for
and conditions of the special use permit. review by review by
(D) A special use permit imposes on its holder Adjustment at Planning Board
the responsibility of ensuring that the a public at a quarterly
authorized use or development continues to hearing public hearing
comply with the terms and conditions of
approval.
(E) Issuance of a special use permit does not
relieve the holder of the special use permit Staff advertises
of the additional responsibility of obtaining a meeting (newspaper
building permit or any other permit or ad, property posting,
approval required by any other applicable adjacent property
law. letters)
2.7.2 Review and Approval Flow Chart
The review and approval process for Special Use Joint public
Board of hearing held in
Permits is shown in the procedure's flowchart.
Adjustment a quasi-
2.7.3 Application Requirements holds public judicial format
hearing in a to review
(A) Applications for a Special Use shall be quasi-judicial application
submitted on forms provided by the Planning format and
Department in accordance with Section 2.2 renders a
of this Ordinance. decision on
Application
(B) Applications shall include: application forwarded to
(1) A full and accurate description of the Planning Board for
proposed use, including its location, review and
appearance, and operational recommendation
characteristics.
(2) The name(s) and address(es)of the Planning Board recommendation
owner(s)of the property involved. sent to County Commissioners for
decision
53
Special Use Application
Proposed flow chart for Permit Submittal
Section 2.7.1
Staff Review/
Analysis Begins
Class B SUP: Schedule Class A SUP: Schedule NIM,
NIM, DAC & Board of DAC, Planning Board meeting &
Adjustment quasi- BOCC quasi-judicial hearing
judicial hearing
Post Sign &Mail Notice for
Post Sign &Mail Neighborhood Information
Notice for Meeting (NIM) & Planning
Neighborhood Board meeting
Information
Meeting (NIM)
Neighborhood
Information Meeting
Neighborhood
Information
Meeting Development
Advisory
Committee (DAC)
Meeting
Development
Advisory
Committee (DAC)
Meeting Planning Board for
review and
recommendation
Post Sign &Mail
Notice for Public
Hearing Post Sign &Mail Notice
for Public Hearing
BOA holds quasi-
judicial hearing BOCC holds quasi-
judicial hearing at
quarterly public hearing
Board of
Adjustment
decision BOCC decision
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
54
(3) Relevant information needed to show compliance with the general and specific
standards governing the Special Use (See Articles 5 and 6).
(4) For Class A Special Uses 26 copies of the site plan, and for Class B Special
Uses 10 copies of the site plan, prepared by a registered North Carolina land
surveyor, landscape architect, architect, or engineer, which shall contain the
information listed in Section 2.5.
(5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat
prepared in accordance with Section 7.14 shall be provided.
(6) A list of all parcels located within 500 feet of the subject parcel and the name and
address of each property owner, as currently listed in the Orange County tax
records.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County's Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
(D) zo
20 The Staff Attorney has suggested this language be removed. In instances where Planning staff is asked for an
opinion or asked questions about the findings of fact, having this language in the UDO could be problematic
because it could create a large gray area. (Section 1.4 of the UDO allows the Planning Director to designate other
55
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail certified notices of the meeting date and time to each property owner within
500 feet of the property for which a Special Use has been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 45 days prior to the date of the Public Hearing.
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.6 Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give notice of the date, time and place of the Planning Board
meeting at which the Planning Board is scheduled to review a Special Use Permit
application.
(1) Written notice shall be sent by first class mail to all adjacent property owners not
less than ten days before the Planning Board meeting date. Adjacent property
owners are those whose property lies within five hundred feet of the affected
property and whose names and addresses are currently listed in the Orange
County tax records.
(2) The Planning Director shall post on the affected property a notice of the Planning
Board meeting at least ten days prior to the date of said meeting.
(3) Notices may be combined with notice of the Neighborhood Information Meeting
required in Section 2.7.5.
(B) The Planning Director shall give p4b4c notice of the date, time and place of the public
hearing to be held to receive GOPAPAGRtS, evidence in the form of21 testimony and exhibits
pertaining to the application for a Special Use.
(C)
i°GR dayS PQ-.r mnr T25 days IR nnm gtho 6
�22
staff members to administer, interpret,and enforce the UDO;the term Planning Director is used throughout the
UDO for consistency).
zi The Staff Attorney has suggested this language modification since SUP applications are quasi-judicial in nature
and require testimony rather than comments.
zz The Staff Attorney has suggested that published newspaper advertisements for quarterly public hearings not
include SUP applications since the general public does not have standing in such matters and cannot participate.
(State Statutes require mailed and posted notice but do not require legal ads for SUP applications). As shown in
the remainder of this section,a notice would be posted on the affected parcel and adjoining property owners
would receive mailed notification of the hearing date(in addition to mailed and posted notice of the
Neighborhood Information Meeting and Planning Board meeting).
56
(1) Written notice shall be sent by certified mail to all adjacent property owners 44G4 thou 1 ti da-y at least ten days but not more than 25 days 3 before the
hearing date. Adjacent property owners are those whose property lies within five
hundred feet of the affected property and whose names and addresses are
currently listed in the Orange County tax records.za
(2) The Planning Director shall post on the affected property a notice of the public
hearing at least ten days but not more than 25 days 5 prior to the date of said
hearing.26
7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Se on
. 2.6.
2.7.8 Nature Proceedings
(A) The view of Special Use Permit applications shall be conducted ring a public hearing
by the cision-making board.
(B) The review a Special Use Permit application is a quasi-j icial process, where the
Board responsi for rendering a decision acts much Iii a panel of judges. The Board
hears factual evide e and sworn testimony present e at an evidentiary hearing, and
then makes findings o act supported by compete , substantial, and material evidence.
(C) The chair or presiding offic of the hearing sh swear all parties intending to present
evidence or testimony during a hearing.
(D) The chair or presiding officer may a atever action is necessary to limit testimony to
the presentation of new factual evid e that is material to the application, to ensure fair
and orderly proceedings, and to erwis romote the efficient and effective gathering of
evidence. Such actions may in ude:
(1) Barring the prese tion of obvious hear evidence,
(2) Barring the pr entation of non-expert opinio
(3) Interrupti digressions into immaterial testimony,
(4) Inter r ting repetitive testimony,
(5) asonably limiting the time allotted each witness or cross- amination,
(6) Providing for the selection of spokespersons to represent group f persons with
common interests,
(7) Interrupting personal attacks, and/or
(8) Ordering an end to disorderly conduct.
(E) Where the Board finds compliance with the general standards, specific rules governing
the specific use, and that the use complies with all required regulations and standards,
23 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days
is not inadvertently missed.
24 Staff notes that State Statutes require that abutting property owners receive mailed notification. Orange County
chooses to extend mailed notification to property owners within 500 feet of the affected parcel and also requires
certified mail (Statutes do not require notices be mailed via Certified Mail). It is worth noting that at times in the
past,staff has received comments from residents about the hassle of having to pick up a letter at the post office if
they were not home at the time of delivery attempt.
25 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days
is not inadvertently missed.
26 C(1) and (2)are currently(C) and (D) but have been indented one level to flow better in this subsection,given
the proposed additions.
57
a plication must be approved unless the Board shall also find, in specific
manne ,
(1) the use will n ntain or promote th is health, safety and general
welfare, if located wher nd developed and operated according to the
plan as submitted.
(F) Those opposin oval of the application on the grou at the use will not promote
the pub i alth, safety and general welfare shall have the bur stablishing, by
petent material and substantial evidence, the specific manner in whic roposed
use does not satisfy the requirements for approval of the application for a Special
2.7.9 Review and Decision
(A) For Class A Special Use"Permits, the following shall apply:
(1) All applications shall be referred to the Planning Board for review and
recommendation after the Neighborhood Information Meeting but prior to the
public hearing.27
(2) The Planning Board shall make a recommendation and proposed findings of fact
on the application, including the findings required in Section 5.3.2 of this
Ordinance 28. The Planning Board's action on an application shall be one of the
following:
(a) Recommend approval based on proposed findings of fact,
(b) Recommend denial based on proposed findings of fact,
(c) Recommend approval based on proposed findings of fact but with
specified conditions.
(3) Should the Planning Board fail to make a recommendation prior to the public
hearing, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(4) The Board of County Commissioners and RIaRRiRg Q^.,r.d29 shall review the
application during a meeting designated as
a Quarterly Public Hearing.
(5) All evidence shall be submitted during the public hearing. If additional evidence
is requested by the Board of County Commissioners during a hearing which must
be submitted at a later date, the hearing shall be continued to a date/time certain
in order to receive the additional evidence.30
27 The Staff Attorney has advised that a greater level of legal sufficiency is reached if the Planning Board reviews
applications and makes its recommendation prior to the quasi-judicial hearing than during or after the hearing.
28 The Planning Board has stated it wants to make a recommendation on the findings required in Section 5.3.2
(e.g., use will promote public health,safety,and welfare; use will maintain or enhance value of contiguous
property; location and character of use is in harmony with the area). Staff notes that an applicant cannot be
required to divulge the evidence they intend to present at the evidentiary hearing(quasi-judicial hearing). In the
event an applicant chooses to withhold information until the quasi-judicial hearing,there may be cases where the
Planning Board will not have access to all information at its meeting. In such cases,the Planning Board may note
deficiencies in information in its recommendation.
29 While the Planning Board is expected to attend the public hearing,a quorum of Planning Board members will
not be necessary in order to conduct the hearing.
30 In order to meet legal requirements for quasi-judicial proceedings,staff is suggesting this proposed language.
Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead,
additional evidence would have to be presented by experts at a subsequent hearing(which does not necessarily
have to be a quarterly public hearing date).
58
(7) The Rnorrl of G9 info GE)FAr-Aissig-RA-1:1.8 may direnf the Dlanninry Beard to previde a
RE#sn direnf fho Dlanninry Rnarrl shall make ifs rennmmenrlafinn yfmthin three
(a) If the Dlanninry Rnard_ failrb tn make a rennmmenrlafinn within fho time alIQtUq l
(9) After closing the
public hearing, the Board of County Commissioners shall take aGtion 61pon the
do one of the following:
(a) Appreva
(b) Ap preyal youth nnnrlitinnS; Gr
(c) DRAW
(a) Defer action to a later Board of County Commissioners meeting date, or
(b) Act upon the application.
(10) Board of County Commissioner action on the application shall include making
appropriate findings of fact pursuant to Section 2.7.11, stating whether the board
concludes each of the applicable standards have been met and one of the
following:
(a) Approval;
(b) Approval but with specified conditions as provided in Section 2.7.12; or
(c) Denial.
(B) For Class B Special Use Permits, the following shall apply:
(1) The Board of Adjustment shall review the application during a regularly
scheduled public hearing.
(2) The Board of Adjustment shall conduct the hearing in accordance within the
provisions detailed in this Section as well as those contained within Section 2.12.
(3) After Vie#closing the public hearing, the Board of Adjustment shall take
action upon the application. This action shall ba include making appropriate
findings of fact pursuant to Section 2.7.11, stating whether the board concludes
each of the applicable standards have been met and one of the following:
(a) Approval;
(b) Approval but with specified conditions as provided in Section 2.7.12; or
(c) Denial.
2.7. ndards of Evaluation
The following . is standards shall be used in deciding on an applica
(A) The project meets a cable design standards er requirements of this
Ordinance.
(B) The development can reaso e comple in the vesting period requested, if
any.
(C) Where ing in excess of two years is requested, the project is loca n area
ere current issues under study do not involve potential amendments to the
Comprehensive Plan and/or this Ordinance.
59
Except where necessary to shelter the antenna from inclement we er
or to connect the antenna to the tower via cable.
(d) Increasing the square footage of the existing equipment co ound by
more than 2,500 square feet
(C) The lanning Director shall, before making a determination as to wh er a proposed
action a minor change or a modification, review the record of th proceedings on the
original a ication for approval of the Special Use. The deter nation shall be based
upon the req st of the applicant, the review of the record o he approval of the original
request and the anning Director's findings under the cr ria of subsection (B) above.
(D) The Planning Direct o hall, if it is determined that t proposed action is a minor change,
state the findings in writ to the applicant. The plicant shall file an amended site
plan, or written statement, tlining in detail th minor change(s) proposed. The Planning
Director shall file the amende ite plan or itten statement with the approved site plan.
(E) If it is determined that the propose c i n is a modification, the Planning Director shall
require the applicant to submit a re t for modification of the approved special use
permit. The following procedures all be dhered to in the case of a modification:
(1) The applicant shall ovide an amen site plan and written narrative outlining
the specific chan s requested.
(2) The Plannin irector shall submit the reque to the Board that approved the
original a lication.
(3) The and shall set a public hearing to receive testim y concerning the
m ification request. Any public hearing called pursuan o a modification of an
pproved special use permit shall be held in conformity with e relevant public
notification requirements contained in this Article.
The Board may approve, approve with conditions, or deny the apple tion for a
modification.
(5) The Planning Director shall file the Board's action in the Planning Departm t as
an amendment request to the original application and shall notify the applican f
the Board's action.
SECTION • • ' ORDINANCE
AMENDMENTS
2.8.1 Review and Approval Flow Chart
The review and approval process for a Zoning Atlas and Unified Development Ordinance
Amendment is shown in the procedure's flowchart.
2.8.2 Amendment Initiation
(A) An amendment to this Ordinance or the Zoning Atlas may be initiated by:
(1) The Board of County Commissioners on its own motion;
(2) The Planning Board;
(3) Application, by any person or agency, or
(4) The Planning Director.
(B) If a request for consideration of an amendment proposal is submitted directly to the
Board of County Commissioners, said Board may decline to consider the request or may
refer the amendment proposal to the Planning Director for preparation of an amendment
application.
60
(C) Once initiated, all amendments shall be referred to the
1 Zoning Atlas and
Planning Board. 9
UDO Amendments
2.8.3 Contents of Application
Applications shall contain the following:
(A) For amendments to the Zoning Atlas: See proposed revised
(1) A map at a legible scale showing the land wl flow chart on next page
would be covered by the proposed amendm Staff Assessment
and and Analysis
(2) A legal description of the land.
(B) For amendments to the Unified Development Ordinance
text: Schedule/Advertise
(1) A copy of the existing text provision(s)which the Public Hearing and
applicant proposes for amendment, and Mail Required
Notifications
(2) A written statement which describes in detail the
changes the applicant proposes to make.
(C) The alleged error in the Zoning Atlas and/or Unified Hold Public Hearing and Receive Public
Development Ordinance text that would be corrected by Comments
the proposed amendment with a detailed explanation of
such error in the Zoning Atlas and/or Unified
Development text and detailed reasons how the
proposed amendment will correct the alleged error; Planning Board Review
(D) The changed or changing conditions, if any, in the area and Recommendation
or in the County generally, which makes the proposed
Zoning Atlas and/or Unified Development Ordinance text
amendment reasonably necessary to promote the public Decision by the BOCC
health, safety and general welfare;
(E) The manner in which the proposed Zoning Atlas and/or
Unified Development Ordinance text amendment will carry out the intent and purpose of
the adopted Comprehensive Plan or part thereof; and
(F) A traffic impact study as required by Section 6.17.
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter
of Map Amendment:
(1) An elevation certificate with either an MT-1, MT-2, or MT-EZ (forms available
through FEMA), or
(2) A"No-Impact' analysis for a Letter of Map Revision.
(H) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and/or Unified Development Ordinance text amendment.
31 These proposed revisions here and on subsequent pages incorporate the discussion the Planning Board had in
October, November,and December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the
review process would be revised to have the Planning Board make its recommendation prior to the public hearing.
Notices would be mailed to nearby property owners and a sign(s)would be posted;this revision will notify nearby
property owners of potential changes much earlier in the process. Although the Planning Board meeting would
not be an official public hearing,the public could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process)and the Planning Board can take all public
comments into consideration when making its recommendation.
61
Zoning Atlas and Application
Proposed flow chart for Section 2.8.3 UDO Amendments Submittal
Zoning Atlas: EGeneral tlas: Te�Amendmen�ts
Conditional Zoning Use
Districts stricts
Post Sign /Mail Notice for
Neighborhood Info. Meeting
(NIM) and Planning Board
Meeting
Post Sign /Mail Notice
Neighborhood for Planning Board
Information Meeting Meeting
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Atlas Amendments: Text
Publish Legal Ad Amendments:
Post Sign Publish Legal Ad
Mail Notice
Staff and PB Recommendation
to BOCC
Quarterly Public Hearing
BOCC Decision
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
62
2.8.4 Applications for Amendment—Joint Planning Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2, 1987, and as amended from time to time.
Any text amendments adopted by Orange County shall be adopted by reference as though fully
set forth herein. Any map amendments adopted by Orange County shall be officially denoted on
the County Zoning Atlas. Where there is inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
2.8.5 Review,Analysis and Recommendation
(A) The Planning Director shall 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.
(B) Applications for agricultural support enterprise uses located within the Rural Buffer land
use classification, as depicted on the Future Land Use Map of the adopted
Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board
for review and comment.
(1) The Agricultural Preservation Board shall have 30 calendar days to provide
comments. If comments are not received within this timeframe, the application
review process shall not be delayed.
(2) For purposes of this subsection, agricultural support enterprise uses shall be
defined as those permitted in the ASE-CZ zoning district, as detailed within
Section 5.2.3 of this Ordinance.
2.8.6 Public Hearing Required
A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and/or
text amendment to this Ordinance. The Board of County Commissioners `-n rl Oh o Dlanninry
Reard32 shall hear applications and receive public comment for Zoning Atlas amendments and/or
text amendments to this Ordinance in a Quarterly Public Hearing.
2.8.7 Notice of Requirements for Planning Board Meetings and Public Hearings
(A) The Planning Director shall provide notification of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Zoning Atlas amendments.
Notifications shall be mailed and posted for the Planning Board meeting in the same
manner as for the public hearing, as detailed in (C) and (D) below. The notice shall
include the time and location of the Planning Board meeting.33
(B) The Planning Director shall cause notice Nlefise of the public hearing to review the
application and receive public comment s4a4 to be published at least twice in a
newspaper of general circulation in the county, stating the time and place of the hearing
and the substance of the proposed amendment.
32 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing,the public
hearing would no longer be considered a joint hearing.
33 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. This will result in two
mailed notifications/sign postings for Zoning Atlas amendments in order to meet statutory requirements for public
hearings(mailed/posted at least 10 days but not more than 25 days prior to the public hearing)
63
(1) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten days nor more than 25 days before the
date set for the public hearing. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.
3a
(C) 'A the se w#For amendments to the znniRg atlas Zoning Atlas, the Planning Director
shall post on the affected property a notice of the public hearing at least ten days prior to
the date of said hearing.
(D) 'A the rp A For amendments to the Zoning Atlas, written notice shall be sent by
certified mail to the affected property owner and all adjacent property owners at least 15
days, but not more than 25 days, before the public hearing date. Adjacent property
owners are those whose names and addresses are currently listed in the Orange County
tax records and whose property lies within 500 feet of the affected property.35
(1) If amendments to the Zoning Atlas are proposed by the County, notice shall be
sent by first class mail to all affected property owners and to all adjacent property
owners within 500 feet as provided in (D) above.36
(E) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
2.8.8 Planning Board Review37
(A)
(B)
d-ireet Oho Planning Beard droll make its rennmmenrlatinn Yniithin throe rani lindu
cehed-i filed- Planning Reard- meetings
(``) If the Planning Beard fails to make a rennmmenrlatinn ;niithin the time allotted- in
(`nmmissinners niithni it a Planning Reard- reeemmend-ation
(D) Amend-meets initiated- by(-range GG inty shall not he si 1bieet to time Iimitatiens ether
(E)
if it is fnr the ni irnnse of Presenting infnrmatinn also si ihmitted- in �niriting
34 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
35 Staff notes that State Statutes require that abutting property owners receive mailed notification. Orange County
chooses to extend mailed notification to property owners within 500 feet of the affected parcel and also requires
certified mail (Statutes do not require notices be mailed via Certified Mail). It is worth noting that at times in the
past,staff has received comments from residents about the hassle of having to pick up a letter at the post office if
they were not home at the time of delivery attempt.
36 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
37 These proposed revisions incorporate the discussion the Planning Board had in October, November,and
December 2014 and which the BOCC discussed on May 12,2015. The cadence of the review process would be
revised to have the Planning Board make its recommendation prior to the public hearing. Notices would be mailed
to nearby property owners and a sign(s)would be posted;this revision will notify nearby property owners of
potential changes much earlier in the process. Although the Planning Board meeting would not be an official
public hearing, interested persons could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process)and the Planning Board can take all public
comments into consideration when making its recommendation.
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(A) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board's action on an application shall be one of the following:
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes, or
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) In making its recommendation, the Planning Board shall also approve a statement
describing whether its action is consistent with an adopted comprehensive plan or any
other officially adopted plan that is applicable, and briefly explain why the board
considers the action taken to be reasonable and in the public interest.38
(D) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.39
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall
oM&Ad-MAAt „n+i' hold a public hearing after the Planning Board either makes its
recommendation or takes no action on the application
within 30 days if its referral.
(B)
by the AaRRORg BGaFGI in making its ronnmmonrlo4inn
(C) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(D) In making its decision, the Board of County Commissioners shall consider adopted plans,
comments made at the public hearing, the Planning Board's recommendation, and the
Planning Director's recommendation. The Board of County Commissioners shall also
approve a statement describing whether its action is consistent with an adopted
comprehensive plan or any other officially adopted plan that is applicable, and briefly
explain why the board considers the action taken to be reasonable and in the public
interest.ao
2.8— Revisions Pertaining to Soil Erosion and Sedimentation Control Pr - ns
(A) The Ero ntrol Officer shall review all of the No rolina Sedimentation Control
Commission's revis the State's Mode rosions and Sedimentation Control
Ordinance and, within 90 days . of the recommended revisions, submit draft
amendments to the Nort ina Sedime Control Commission for its
consideration a ments.
(B) 50 days after receipt of the North Carolina Sedimentation Contr ission's
comments, Orange County shall formally consider proposed amendments and, to
38 Required by NCGS 160A-383.
39 This paragraph is a slight modification from existing paragraph (C),which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely,that the process moves
forward without a Planning Board recommendation).
40 Required by NCGS 160A-383.
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(1) A stay would cause imminent peril to life or property, or
(2) The situation appealed from is transitory in nature and, therefore a appeal
would seriously interfere with enforcement of the Ordinance.
(C) In either instance, the Planning Director shall place in the determin n facts to support
conclusion if(B)(1) and/or(B)(2) are invoked.
(D) If(B) and/or (B)(2) are invoked, and approved by the Boar of Adjustment,
enforce nt proceedings shall not be stayed except thro the issuance of a restraining
order issue by a court of competent jurisdiction. If en f cement proceedings are not
stayed, the a ellant may file a request for an expe i d hearing of the appeal.
2.11.4 Review Procedures
(A) Applications for an appe of an interpreta i n shall be reviewed and acted upon by the
Board of Adjustment in acc dance wit e procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall onsistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director sh complete an a essment of the application and provide a
recommendation on th disposition of the ap nation. The assessment shall include all
relevant facts utilize in rendering the disputed cision and the rationale for the
interpretation ma by the Planning Director.
(D) The assess nt shall be introduced at the hearing an ecome part of the record.
(E) Upon he ing all evidence associated with the application, t Board of Adjustment shall
close a hearing and render a decision on the matter to affirm, odify, or reverse the
de . ion of the Planning Director.
2.11.5 Find i s of Fact
/necessary Board of Adjustment shall provide a detailed rationale for its decision in the form fan order
ffirm, modify, or reverse the decision of the Planning Director. This order shall prove the
justification for the Board's action based on the testimony and evidence entere to record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section �?C 2.12.6 41
are not applicable to applications for an appeal of an interpretation.
SECTION BOARD OF ADJUSTMENT
2.12. neral Provisions
(A) T rd shall act on all applications before it.
(B) The Board sha on any appeal of a Stop Work Order d by the Planning Director
at its next regularly sc d meeting or at a sp meeting called for that purpose.
2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjust acts in aquasi-judicial caps However, it is not intended
that its proce s be conducted as formally as those befor s.
(B) T es of procedure and evidence set forth in this Ordinance shall be ed to
protect the interests of all parties and the public.
41 Typographical error that staff recommends correcting as part of this amendment package.
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2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department's office a notice of decision of the Board's action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board's
disposition. This includes the applicant, the property owner if different from the applicant,
or any individual who has submitted a written request for a copy prior to the date the
decision becomes effective. This notice shall be made by registered or certified mail
within five working days of the Board's actions.
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) For matters other than applications for Class B Special Use Permits which are not
published in a newspaper42, the T4;e Board shall give notice of matters coming before it
by causing notice to be placed in a newspaper of general circulation in Orange County.
The notice shall appear once a week for two consecutive weeks, the first insertion to be
not less than ten days nor more than 25 days prior to the meeting date. In computing the
notice period, the day of publication is not to be included, but the day of the hearing is to
be included.
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified mail to adjacent property owners. This
notice shall be giYGR R9t IGS° than 45 days mailed at least ten days but not more than 25
days prior to the meeting date. Adjacent property owners are those whose property lies
within 500 feet of the affected property and whom are currently listed as property owners
in the Orange County tax records.43
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days but not more than 25 days44 prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of la not constitute a subdivision must request a
determination of an exempt ision sta . the Planning Director. Activities that
do not constitute a vision are found in Section 7. . .
(B) One of the final mylar plat and three paper copies of the plat sha bmitted with
e request for a determination for an exempt subdivision.
42 The Staff Attorney has suggested that public hearings for SUPS not be included in legal advertisements since the
general public does not have standing in such matters and cannot participate. (State Statutes do not require legal
ads for SUP applications). As shown in the remainder of this section,a notice would still be posted on the affected
parcel and adjoining property owners would receive mailed notification of the hearing date(which they would also
have been informed of via the Neighborhood Information Meeting materials).
43 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in
not inadvertently missed. Staff also notes that Statutes do not require notifications to be mailed via certified mail
and require that abutting property owners be sent notifications. Orange County chooses to require certified mail
and to extend the notification distance to 500-feet.
44 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in
not inadvertently missed.
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(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the FebFuaFy first Quarterly Public
Hearing of the calendar year, normally held in February. Any applicant requesting
modification of the Plan shall make application to the Planning Director on or before
December 1st of each year. The fee for modifying the Plan shall be that as set forth in
the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5. 3 Annual Telecommunications Projection Meeting (ATPM)
Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete revZfcollocation
opportunities, address coverage issues, and discuss the Iocati oneee
telecommunication support structures with providers who in t on submitting
evelopment applications for action by the County. The ' ended outcome of the
m ing is to allow the County and interested parties develop a plan for facility
deplo ent within the County that provides reaso le coverage based on the
needs of County and its residents, while mi mizing the total number of
needed telec munication support facilitie ncluding minimizing the
intrusiveness o ch facilities, and enco aging the development of a more
efficient telecommu ' ation network.
(2) The intended outcome o e m ing is an understanding amongst the Planning
Director and providers on ar s of the County where telecommunication support
facilities are needed and plic 'on request for the year should be focused.
(B) Applicability
(1) By December of each calendar year, ecommunication providers shall
submit to th Tanning Director a plan indica proposed search rings for
anticipat telecommunication support structure This plan shall identify areas
wher roviders are looking to locate facilities, as w as identify those areas of
th ounty that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any p ding applications
that have not received a zoning compliance permit or a special e permit shall
meet all requirements of this Ordinance, including, but not limited t ubmission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
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PROPOSED AMENDMENTS TO THE PLANNING BOARD'S
POLICIES AND PROCEDURES
69
PLANNING BOARD POLICIES AND PROCEDURES
SECTION I: SCOPE
A. Purpose
1 . To establish a policy and procedures whereby the Orange County
Board of Commissioners will establish the specific policies and
procedures governing the Planning Board.
2. The Orange County Board of Commissioners may appoint an advisory
board whose duty is to serve in an advisory capacity to Orange County
Board of Commissioners.
B. Authority
1 . North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards.
2. The Orange County Advisory Board Policy serves as the underlying
policy document to which the Planning Board, in addition to this policy
and procedure document, is subject. The Orange County Advisory
Board Policy is attached hereto as "Exhibit A".
3. In the event that there is a conflict between the Orange County
Advisory Board Policy and this Policies and Procedures document this
Policies and Procedures document shall control.
C. Charge
1 . The charge of the Planning Board is contained in Section 1 .6.3 of the
Orange County Unified Development Ordinance.
The purpose for which the Planning Board was formed: to serve in an
advisory capacity to the Orange County Board of Commissioners in
regards to planning, zoning, and subdivision matters, as provided in
Section 1 .6.3 of the Orange County Unified Development Ordinance.
SECTION II: GOALS AND OBJECTIVES
A. Goals
1. The Planning Board shall carry out the duties contained in Section
1 .6.3 of the Orange County Unified Development Ordinance to the best
of its ability.
B. Objectives
1 . Acting under the directives of the Board of County Commissioners and
with County staff, the Planning Board shall pursue the duties contained
in Section 1 .6.3 of the Orange County Unified Development Ordinance.
SECTION III: MEMBERSHIP
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A. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards and to
appoint members to and remove members from those advisory boards.
In acting on this authority the Orange County Board of Commissioners
hereby establishes certain general conditions to which applicants and
members of advisory boards should conform.
B. Composition
1. Planning Board composition is detailed in Section 1.6.1 of the Orange
County Unified Development Ordinance. Additional membership
requirements are listed in said Section of the UDO.
2. The Planning Board does not have alternate members.
C. Chair, Vice Chair, and Secretary
1. The Planning Board shall elect by majority vote a Chair and Vice Chair
from among its members at the regular meeting in January of each
year.
2. Chair and Vice Chair terms of office shall correspond to the
requirements of the Orange County Advisory Board Policy.
3. The Secretary of the Planning Board shall be the Planning Director or
his/her designee.
4. The Chair and Secretary shall ensure that each Planning Board
member is presented with a copy of the Planning Board's charge,
scope of authority, membership responsibilities, and code of conduct
when the Planning Board member is appointed to the Planning Board.
5. The Planning Board Chair, or Vice Chair in the Chair's absence, shall
attend quarterly public hearings and Board of County Commissioners
meetings at which a decision is scheduled for items on which the
Planning Board has made a recommendation.'
SECTION IV.MEETINGS
A. Staffing
1. The Planning Director shall perform the duties set forth in Section
1.6.4 of the Orange County Unified Development Ordinance.
B. Agendas
1. Items for agendas shall be approved by the Planning Board Chair and
staff.
1 The new requirement was suggested at the May 12,2015 BOCC work session when the BOCC discussed the
public hearing process.
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2. The designated staff will develop and distribute to each member an
agenda listing the matters to be considered at upcoming advisory
board meetings. The regular meeting agenda and materials shall be
distributed at least seven (7) calendar days before the regular meeting
C. Date, Time, and Location of Regular Meetings
1. Regular Meetings of the Planning Board shall be held on the first
Wednesday of each month. The start time and location of the meeting
shall be included on the agenda and shall typically be 7:00 p.m. at the
Orange County West Campus Office Building located at 131 West
Margaret Lane, Hillsborough. The Planning Board Chair, in
consultation with staff, shall have the authority to change the start time
and location of a regular meeting to meet any special circumstances,
provided the information is included on the distributed agenda.
D. Notice of Meetings
1. Notice of regular Planning Board meetings and agendas shall be made
available to all members and interested parties, and to any person who
requests such notice, at least seven (7) days in advance of the
meeting by e-mail and by posting on the Orange County government
website.
2. Notice of public hearings shall conform to the notice requirements of
Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified
Development Ordinance.
3. Agenda materials for public hearings shall be distributed to Planning
Board members and posted on the Orange County government
website for interested parties a minimum of ten (10) calendar days
prior to the public hearing.
E. Neighborhood Information Meetings2
1. Planning Board members shall be encouraged to attend Neighborhood
Information Meetings (NIMs) for Class A Special Use Permits and
Conditional Zoning Districts. At-Large members and members
representing the Township in which a particular development project is
proposed are specifically encouraged to attend the NIM.
2. Planning Department staff shall keep Planning Board members
informed of upcoming Class A Special Use Permit and Conditional
Zoning District NIMs via e-mailed messages. Said e-mail messages
z This new procedure is in response to Planning Board members expressing the desire to be kept informed of
upcoming NIMs for projects on which the Planning Board will make a recommendation so they may attend the
meetings.
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shall be sent to Planning Board members on the same date, or shortly
after, the notifications are mailed to adjacent property owners.
SECTION V. ORIENTATION
A. Attendance
1 . Each member shall attend an orientation presented by the Orange
County Staff to familiarize the advisory board members with the
operation of County government, the Planning Department rules, and
the operating procedures of the advisory board.
2. Each voting member will be encouraged to complete the orientation
within six weeks of his or her appointment and participate in at least
one meeting with the staff.
SECTION VI.BY-LAWS
A. By-Laws
1 . Any Bylaws adopted by the Planning Board are void and no further
bylaws shall be adopted. Procedure shall be governed solely by this
policy document and the General Advisory Board Policy Document.
2. Should the Planning Board determine modifications to policies and
procedures are necessary the Planning Board may petition the Board
of County Commissioners for such modifications.