HomeMy WebLinkAboutAgenda - 01-21-2016 - 6-h - Unified Development Ordinance Amendment Outline and Schedule – Mailed Notification Requirements 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 21, 2016
Action Agenda
Item No. 6-h
SUBJECT: Unified Development Ordinance Amendment Outline and Schedule — Mailed
Notification Requirements
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Amendment Outline Form Perdita Holtz, Planner III, 245-2578
Craig Benedict, Planning Director,
245-2592
PURPOSE: To consider and approve process components and schedule for an upcoming
government-initiated amendment to the Unified Development Ordinance (UDO) regarding
mailed notification requirements.
BACKGROUND: The purpose of these proposed amendments is as follows:
• Correct omissions in Sections 2.7.5, 2.9.1, and 2.9.2 of the UDO that should have been
part of the materials adopted on November 5, 2015 which revised the public hearing
process. Specifically, the requirement for certified mail is proposed to be revised to use
first class mail.
• Update mailed notice requirements in Sections 2.15 and 2.24 which relate to the required
Neighborhood Information Meeting for Major Subdivisions (2.15) and Governmental Uses
(2.24). Specifically, the mailed notification boundary is proposed to be increased from
500 feet to 1,000 feet. Also, for governmental uses, the requirement for certified mail is
proposed to be revised to use first class mail.
Please see Section B of the attached Amendment Outline Form for analysis related to this
proposed UDO text amendment.
FINANCIAL IMPACT: See Financial Impact included in Section C.3 of the attached
Amendment Outline form.
SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda
item:
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline and direct staff to proceed accordingly.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-01
Mailed Notification Requirements
A. AMENDMENT TYPE
Map Amendments
n Land Use Element Map:
From: - - -
To: - - -
n Zoning Map:
From: - - -
To: - - -
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
n UDO Text:
fUDO General Text Changes
fUDO Development Standards
UDO Development Approval Processes
Section(s): 2.7.5, 2.9.1, 2.9.2, 2.15.2, 2.24.2
n Other:
B. RATIONALE
1. Purpose/Mission
• Correct omissions in Sections 2.7.5, 2.9.1, and 2.9.2 of the UDO that should have
been part of the materials adopted on November 5, 2015 which revised the public
hearing process.
• Update mailed notice requirements in Sections 2.15 and 2.24 which relate to the
required Neighborhood Information Meeting for Major Subdivisions (2.15) and
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Governmental Uses (2.24).
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
While updating the Unified Development Ordinance to incorporate amendments
adopted on November 5, 2015, staff discovered inadvertent omissions in three
sections: 2.7.5, 2.9.1, and 2.9.2. Text in these three sections was changed to
increase the mailed notification distance from 500 to 1,000 feet but was not updated
to modify the type of mailing from certified to first class mail, as was done in other
sections and which was the intent of this aspect of the November 5th amendments.
Additionally, staff has analyzed other sections of the UDO that were not part of the
November 5th amendments to determine if additional modifications are warranted as
a result of changing the mailed notification boundary from 500 feet to 1,000 for
certain types of review processes. Staff is recommending that the mailed notification
requirements for the Neighborhood Information Meetings that are held for Major
Subdivisions and Governmental Uses be updated to change the notification
boundary from 500 feet to 1,000 feet and, in the case of governmental uses, to
require first class mail rather than certified mail. Having consistency throughout the
UDO in regards to distance requirements and the type of mailing should result in less
potential confusion.
Staff notes that Section 5.10.8(2) requires a neighborhood information meeting in
conjunction with a balloon test for telecommunication facilities. The current
(unchanged in 2015) mailed notification distance for this type of facility is 1,000 feet
and applicants are required to mail the notice via certified mail. Staff is not
recommending a change to this particular process because a non-governmental
entity is responsible for the mailings.
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
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January 21 2016
b. Quarterly Public Hearing
February 18, 2016 — also possible decision
c. BOCC Updates/Checkpoints
January 6, 2016 — Planning Board meeting (agenda materials are available to all
interested persons)
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:
January 6, 2016 - recommendation
b. Advisory Boards:
c. Local Government Review:
Proposed text amendments were sent
to JPA partners (Towns of Chapel Hill
and Carrboro) on December 28, 2015
in accordance with the JPA
Agreement since any project in the
Rural Buffer would be subject to the
amended sections.
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
n General Public:
❑ Small Area Plan Workgroup:
n 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
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staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
If adopted, the amendments would update the mailed notification requirements for
neighborhood information meetings that take place for the type of project
review/approval process in the amended sections.
E. SPECIFIC AMENDMENT LANGUAGE
Will be part of quarterly public hearing materials. Draft language was included in
January 6, 2016 Planning Board
materials: http://www.orangecountync.gov/departments/planning and inspections/oran
ge county planning board (pb).php#
Primary Staff Contact:
Perdita Holtz, AICP
Planning Department
919-245-2578
pholtz @orangecountync.gov
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