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HomeMy WebLinkAboutAgenda - 02-18-2016 - C2 - Unified Development Ordinance Text Amendment 24 ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: February 18, 2016 Action Agenda Item No. C.2 SUBJECT: Unified Development Ordinance Text Amendment — Temporary Custodial Care Units DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Ashley Moncado, Planner II (919) 245-2589 Development Ordinance (UDO) Craig Benedict, Director (919) 245-2575 Amendment Outline Form and Session Law 2014-94 2. Statement of Consistency 3. Proposed Ordinance 4. Approved May 26, 2015 Quarterly Public Hearing Minutes 5. Approved September 1, 2015 BOCC Meeting Minutes 6. Draft January 6, 2016 Planning Board Minutes and Statement of Consistency PURPOSE: To hold a public hearing on Planning Director initiated Unified Development Ordinance (UDO) text amendments regarding temporary custodial care units, receive the Planning Board's recommendation, and consider the course of action on the proposed amendments. On August 1, 2014, the North Carolina State Legislature adopted regulations regarding the permitting of temporary health care structures in the state. These regulations allow for temporary health care structures to be permitted as an a accessory use in any single family residential zoning district on lots zoned for single family detached dwellings if all the regulatory provisions outlined in Session Law 2014-94 are met. Since November 2014, staff has been working to amend the Orange County Unified Development Ordinance to incorporate these state regulations. The amendment was presented for adoption consideration at the September 1, 2015 BOCC meeting. During discussion, BOCC members identified concerns with the proposed standards as being too restrictive for residents to provide care for mentally or physically impaired relatives, friends, or neighbors. Specific issues were identified regarding the relationship requirement between the occupant of the temporary health care structure and the occupant of the single family dwelling unit, North Carolina state residency standards, and the regulation requiring removal of the unit within 60 days. 25 Due to these concerns, the BOCC voted to reopen the public hearing and refer the item back to the Planning Board and staff to modify the proposed amendment to address comments received at the May 26, 2015 Quarterly Public Hearing and the September 1, 2015 BOCC meeting. Comments made at this meeting are included in Section C.1 of Attachment 1. Approved minutes from this meeting are included Attachment 5. Agenda materials from the hearing can be accessed at the following link: http://www.orangecountync.gov/departments/board of county commissioners/agendas.php. The proposed revised amendment creates an entirely new land use, temporary custodial care units, which combines temporary health care structure standards outlined in Session Law 2014- 94 and existing standards related to temporary mobile home units (custodial care) contained in Section 5.4.4 of the UDO. Proposed revisions to the amendment include: • Proposed standards allowing for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to an existing single family dwelling unit. • The removal of the required Class B Special Use Permit for temporary mobile homes currently contained in the UDO. • Proposed language increasing the number of unrelated persons that can live in a dwelling unit from three to five based on the North Carolina Residential State Building Code. • The removal of language regulating signage content for the temporary health care structures proposed in the original amendment. Due to recent court rulings regarding signage, the County Attorney's office recommended removal of this language from the amendment. In summary, all comments and concerns received at previous meetings have been incorporated into the proposed amendments. Joint Planning Area (JPA) Agreement The opportunity for comment by the JPA partners (Towns of Chapel Hill and Carrboro) is required for all UDO text amendments that may affect the RB (Rural Buffer) zoning district. Since temporary custodial care units will be permitted as an accessory use to a detached single family dwelling in the RB district, the proposed text amendments were submitted to the JPA partners for review and comment on December 22, 2015. To date, no comments have been received. Planning Director's Recommendation: The Planning Director recommends approval of proposed text amendments, including the: i. Statement of Consistency contained in Attachment 2, which indicates the proposed text amendments are consistent with the adopted Comprehensive Plan, are reasonable, and are in the public interest, and ii. The text amendment as contained in Attachment 3. Planning Board Recommendation: At its January 6, 2016 meeting, the Board voted unanimously to recommend approval of the Statement of Consistency and the amendment package. Draft minutes from this meeting and the signed Statement of Consistency are included in Attachment 6. Agenda materials from the January 6, 2016 Planning Board meeting can be viewed at: http://www.orangecountync.gov/Planning Board Agenda Packet Jan 20161.pdf. 26 FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2014-15 and 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. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Administration 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 comment on the proposed amendments. 3. Close the public hearing. (Note that, because this is a legislative decision, additional comments at a later date are permitted). 4. Decide on one of the following options: a. Adopt the proposed amendments by approving the Statement of Consistency (Attachment 2) and Ordinance (Attachment 3). b. Defer a decision to a later BOCC regular meeting date. c. Refer the item back to the Planning Board for a specific purpose. Attachment 1 27 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO /Zoning-2014-13 Temporary Custodial Care Units 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): M UDO Text: MUDO General Text Changes MUDO Development Standards fUDO Development Approval Processes Section(s): Section 5.2, Table of Permitted Uses Section 5.4, Standards for Temporary Uses Section 5.5, Standards for Residential Uses Section 10.1, Definitions n Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director has initiated a text amendment to incorporate changes in State Law, specifically Session Law 2014-94, related to the review and permitting of temporary health care structures. The proposed amendment will modify sections of the UDO in order to be consistent with North Carolina General Statutes. 1 28 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'. The amendments are necessary to ensure the permitting of a temporary health care structure is consistent with changes in State Law. Based on regulations set forth in Session Law 2014-94, the proposed amendment will incorporate the new use identified in Session Law into the UDO and address the review and permitting of temporary health care structures in order to be consistent with State Law. A copy of Session Law 2014-94 can be found at the end of this form. In addition, the amendment will address comments received at the May 26 Quarterly Public Hearing, June 3 Planning Board meeting, and September 1 BOCC meeting. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Chapter 4: Housing Element — Section 4.6 Goals Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability, or circumstance. 4. New Statutes and Rules Session Law 2014-94 An Act Relating To Zoning Provisions For Temporary Health Care Structures C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed November 18, 2014 b. Quarterly Public Hearing May 26, 2015 February 18, 2016 c. BOCC Updates/Checkpoints May 26, 2015 Quarterly Public Hearing. This item was reviewed at the hearing where the following comments were made: • BOCC Member Comment: Orange County staff should explore modifying the amendments and the Unified Development Ordinance in order to make temporary health care structures easily available. The onerous requirements only allowing a relative to occupy a unit, requiring the unit be taken down 60 days after the person moves out or dies, and not allowing it to be used again makes it extremely unlikely it will ever be used. Staff Response: The proposed amendment has been revised to address these concerns. The amendment removes the relative or legal guardian requirement and allows for a unit to stay on the property for up to 180 days after the 2 29 temporary unit is no longer needed. • BOCC Member Comment: The proposed text amendment is too restrictive as presented. Additional uses should be explored and discussed to allow more options for residents to accommodate mentally or physically impaired individuals on their property. Staff Response: The proposed amendment is based on regulations contained in the North Carolina State Legislature's Session Law 2014-94. In order for the Unified Development Ordinance (UDO) to be consistent and meet regulations of the Session Law, the amendment is being proposed as presented. Though standards may appear limiting, the addition of temporary health care structure regulations by the State Legislature does help to provide residents with another option to address caregiving needs of mentally or physically impaired individuals. In addition to these standards relating to temporary health care structures, other options are currently provided in the UDO that may be viewed as less restrictive. Existing standards contained in the UDO allow for additional options in caring for mentally or physically impaired individuals on a temporary or permanent basis. One option includes efficiency apartments, also known as accessory dwelling units, which may be constructed as an additional dwelling unit, accessory to a single family residence. The UDO also allows for temporary mobile homes for custodial care purposes to be placed as an accessory dwelling unit to an existing single family residence. Both of these options would allow individuals to provide onsite care to impaired relatives. Standards outlined in the UDO provide for the creation of Family Care Homes and Group Care Facilities. The amendment is also proposing to allow up to five unrelated persons to live together in a dwelling unit. This would allow residents wanting to provide care to impaired individuals who are unrelated to do so. Existing options for residential caregiving and proposed standards related to temporary custodial care units can be reviewed in the summary chart on the next page. 3 30 Existing Options for Residential Caregiving Proposed Standards Single Family Temporary Efficiency Family Care Group Care Temporary Mobile Home— Apartment Custodial Care Dwelling Custodial Care (ADU) Facility Facility Uniti Status Existing Existing Existing Existing Existing Proposed Zoning Zoning Zoning Zoning Permitting Compliance Class B SUP Compliance Compliance Class B SUP Compliance Process Permit Permit Permit Permit Size Regulations No No2 Shall not exceed No2 No2 Shall not exceed 800 square feet 1,000 square feet Primary or Accessory Primary Accessory Accessory Primary Primary Accessory Structure Primary Structure N/A Yes Yes N/A N/A Yes Required Temporary or Permanent Permanent Temporary Permanent Permeant Permeant Temporary Structure Attached or Attached or N/A Detached N/A N/A Detached Detached Detached Built Onsite or Offsite Onsite or offsite3 Offsite Onsite or offsite3 Onsite or offsite3 Onsite or offsite3 Offsite Must Meet UDO Yes Yes Yes Yes Yes Yes Standards Must Meet NC State Building Yes No4 Yes Yes Yes Yes4 Code Standards Environmental Yes Yes Yes Yes Yes Yes Health Approval Occupant Up to 3 unrelated Up to 6 unrelated 7 to 15 unrelated No No 2 eo le Requirement people people people p p Relative No Yes No No No No Requirement Certificate from Certificate from Medical License No licensed No Licensed by state Licensed by state licensed Requirement physician agency agency physician Annual Renewal No Yes No No No Yes Requirement The proposed temporary custodial care unit shall allow for temporary health care structures and temporary mobile homes. 2 No specific size regulations are contained in the UDO.However, the size of residential structures may be determined and/or limited by lot size, zoning district,zoning regulations,and environmental health standards. 3 Onsite includes stick built construction(i.e.individual lumber). Offsite includes modular construction and manufactured homes. 4 Manufactured homes are built to the standards of the Department of Housing and Urban Development(HUD).A HUD Certificate is required by Orange County prior to placement in the county. September 1, 2015 — This item was presented to the BOCC for adoption consideration. The BOCC voted to reopen the public hearing and refer the item back to the Planning Board and Planning staff to modify the proposed amendment to include comments received at the May 26 Quarterly Public Hearing and the September 1 BOCC meeting. The following comments were made: • BOCC Member Comment: Shocked to discover that Orange County only allows up to three unrelated people to live together in a single family dwelling unit. Request for this to be reviewed by staff and modified. Staff Response: The proposed amendment will address this comment and 4 31 allow up to five unrelated people to reside together in a single family dwelling unit. The maximum of five people is based on the 2012 North Carolina Residential Code. Once there are more than five unrelated people residing together the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming or boarding house. A rooming or boarding house is reviewed and permitted differently in the North Carolina State Building Code and UDO compared to a single family dwelling unit. • BOCC Member Comment: Concern with the requirement that the occupant of the temporary health care structure must be a North Carolina resident. As a result of this requirement, an Orange County resident would not be able to care for an elderly parent or sick relative from out of state. Staff Response: The proposed amendment will address this comment by removing the standard requiring the mentally or physically impaired individual be a North Carolina resident. • BOCC Member Comment: Recommendation that staff provides information regarding Session Law 2014-94 on the county website for the public to access. Staff Response:A link to Session Law 2014-94 has been added to the Orange County Planning and Inspections webpage. • BOCC Member Comment: As the county moves forward with modifications to the proposed amendment it is recommended that staff solicit comments from the Towns of Chapel Hill, Carrboro, and Hillsborough. Staff Response: The proposed amendment was provided to the Towns of Chapel Hill, Carrboro, and Hillsborough for review and comment on December 22, 2015. d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: December 3, 2014 — Ordinance Review Committee This item was presented at the December 3, 2014 Ordinance Review Committee meeting for Planning Board review and comment. Following this meeting, staff made one minor revision to the text amendment regarding signage pertaining to the advertisement of a temporary health care structure. 5 32 June 3, 2015 — Recommendation to the BOCC. This item was reviewed and the following comments were made: • Planning Board Member Comment: Why is this amendment being proposed? Staff Response: Due to the adoption of Session Law 2014-94 in August 2014, all cities and counties within the state must recognize and allow for temporary health care structures. As a result, Planning staff began the process to amend the UDO in November 2014 in order to recognize the new land use, provide information and access regarding permitting regulations to Orange County residents, and to be consistent with State Law. • Planning Board Member Comment: Only a small percent of residents will be able to utilize a temporary health care structure due to the proposed standards and financial costs. Staff Response: Due to proposed standards (based on Session Law 2014-94), environmental health regulations, and potential cost, many residents may have a limited opportunity to have a temporary health care structure be placed on their property. However, the proposed amendment for temporary health care structures is not the only option available, but is instead providing an additional option to Orange County residents. These standards and financial costs can also limit the opportunity for residents to build an efficiency apartment, construct an addition to an existing residential structure, or place a temporary mobile home. The purpose of all these residential uses, including temporary health care structures, is to provide temporary or permanent, more affordable, higher quality, and accessible housing options for those in need. The initial cost of a temporary health care structure can be alarming. A temporary health care structure can include a onetime cost up to $125,000 or a lease cost up to $2,000 a month, both costs depend on added medical and/or technology features. When compared to the median monthly and yearly cost of a nursing home or assisted living facility in the state of North Carolina and the Chapel Hill-Durham area, it can be viewed as a less expensive option for Orange County residents. Median Cost of Assisted Living or Nursing Home Room Compared to a Temporary Health Care Structure North Carolina Chapel Hill—Durham Area Temporary Health Nursing Assisted Nursing Assisted Care Structure Home Living Home Living Monthly Cost $5,977 $2,900 $6,388 $3,500 $2,000 Yearly Cost $71,723 $34,800 $76,650 $42,000 $24,000 Source:North Carolina State Specific Data from the Genworth Cost of Care Survey November 4, 2015 — Ordinance Review Committee January 6, 2016 — Recommendation to the BOCC b. Advisory Boards: 6 33 c. Local Government Review: The revised amendment package review and comment on December was submitted to the JPA Partners 22, 2015. No comments have been and the Town of Hillsborough for received. d. Notice Requirements Consistent with NC State Statutes — legal ad prior to public hearing e. Outreach: ❑ General Public: ❑ Small Area Plan Workgroup: Other: Materials were distributed to other County Departments and/or Divisions that may be interested or affected, including Building Inspections, Aging, Health, Environmental Health, Social Services, Emergency Services, and Tax/Land Records. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2014-15 and 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 Proposed language within the Unified Development Ordinance will be consistent with modification to State Law. The amendment will create an entirely new land use, temporary custodial care units, which combines temporary health care structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home units (custodial care) contained in Section 5.4.4. This option would allow for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to a single family dwelling unit, subject to the standards proposed. Additionally, comments made at the May 26 Quarterly Public Hearing, June 3 Planning Board meeting, and September 1 BOCC meeting have been incorporated. These include issues identified with the relationship requirement between the occupant of the temporary health care structure and the occupant of the single family dwelling unit, North Carolina state residency standards, and the regulation requiring removal of the unit within 60 days. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3. Primary Staff Contact: Ashley Moncado Planning Department 919-245-2589 amoncado @orangecountync.gov 7 34 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2014-94 HOUSE BILL 625 AN ACT RELATING TO ZONING PROVISIONS FOR TEMPORARY HEALTH CARE STRUCTURES. The General Assembly of North Carolina enacts: SECTION 1. Part 3 of Article 18 of Chapter 153A of the General Statutes is amended by adding a new section to read: "§ 153A-341.3. Zoning of temporary health care structures. A county exercising powers under this Article shall comply with G.S. 160A-383.5." SECTION 2. Part 3 of Article 19 of Chapter 160A of the General Statutes is amended by adding a new section to read: "$ 160A-383.5. Zoning of temporary health care structures. (a) The following definitions apply in this section: (1) Activities of daily living. —Bathing, dressing, personal hygiene, ambulation or locomotion,transferring, toileting, and eating. (2) Caregiver. —An individual 18 years of age or older who (i)provides care for a mentally or physically impaired person and (ii) is a first or second degree relative of the mentally or physically impaired person for whom the individual is caring. (3) First or second degree relative. — A spouse, lineal ascendant, lineal descendant, sibling, uncle, aunt, nephew, or niece and includes half, step, and in-law relationships. (4) Mentally or physically impaired person. —A person who is a resident of this State and who requires assistance with two or more activities of daily living as certified in writing by a physician licensed to practice in this State. • (5) Temporary family health care structure. — A transportable residential • structure, providing an enviromnent facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the State Building Code and G.S. 143-139.1(b). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted. (b) A city shall consider a temporary family health care structure used by a caregiver in providing care for a mentall or physically impaired person on property owned or occupied by the caregiver as the caregiver's residence as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings. (c) A city shall consider a temporary family health care structure used by an individual who is the named legal guardian of the mentally or physically impaired person a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings in accordance with this section if the temporary family health care structure is placed on the property of the residence of the individual and is used to provide care for the mentally or physically impaired person. (d) Only one temporary family health care structure shall be allowed on a lot or parcel of land. The temporary family health care structures under subsections (b) and (c) of this section shall not require a special use permit or be subjected to any other local zoning requirements beyond those imposed upon other authorized accessory use structures, except as 101111111 1111 0 * H 6 2 5 - V - 4 * 35 otherwise provided in this section. Such temporary family health care structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. (e) Any person proposing to install a temporary family health care structure shall first obtain a permit from the city. The city may charge a fee of up to one hundred dollars ($100.00) for the initial permit and an annual renewal fee of up to fifty dollars ($50.00). The city may not withhold a permit if the applicant provides sufficient proof of compliance with this section. The city may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. The evidence may involve the inspection by the city of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation, and annual renewal of the doctor's certification. (f) Notwithstanding subsection (i) of this section, any temporary family health care structure installed under this sectiod section may be required to connect to any water, sewer, an electric utilities serving the property and shall comply with all applicable State law, local ordinances, and other requirements, including Part 5 of this Article, as if the temporary family health care structure were permanent real property. (g) No signage advertising or otherwise promoting the existence of the temporary health care structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property. (h) Any temporary family health care structure installed pursuant to this section shall be removed within 60 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. If the temporary family health care structure is needed for another mentally or physically impaired person, the temporary family health care structure may continue to be used, or may be reinstated on the property within 60 days of its removal, as applicable. (i) The city may revoke the permit granted pursuant to subsection (e) of this section if the permit holder violates any provision of this section or G.S. 160A-202. The city may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section or G.S. 160A-202. (j) Temporary family health care structures shall be treated as tangible personal property for purposes of taxation." SECTION 3. G.S. 130A-250 is amended by adding a new subdivision to read: "(14) Temporary family health care structures under G.S. 153A-341.3 or G.S. 160A-383.5." SECTION 4. G.S. 131D-2.1(10)reads as rewritten: "(10) Multiunit assisted housing with services. — An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24-hour supervision. Assistance with self-administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care. Multiunit assisted housing with services programs are required to register annually with the Division of Health Service Regulation. Multiunit assisted housing with services programs are required to provide a disclosure statement to the Division of Health Service Regulation. The disclosure statement is required to be a part of the annual rental contract that includes a description of the following requirements: a. Emergency response system; b. Charges for services offered; c. Limitations of tenancy; Page 2 Session Law 2014-94 House Bill 625-Ratified Attachment 2 36 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to allow temporary custodial care units, 1,000 square feet or less, to be permitted as an accessory use in any single family residential zoning district on lots zoned for single family detached dwellings. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it: 1. Supports the following 2030 Comprehensive Plan goals and objectives: Chapter 4 — Housing Element — Section 4.6 Goals Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability or circumstance. d. The amendment is reasonable and in the public interest because it: 1. Provides a temporary, affordable, higher quality, and accessible housing option for those in need. 2. Allows residents with mental or physical impairments to reside with caregivers in order to receive the care they need. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. Chair Date 1 Attachment 3 37 Ordinance # ORD-2016-007 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, recent changes in State Law, specifically Session Law 2014-94 signed into law on August 1, 2014, adopted new regulations for the permitting of temporary health care structures in the state, and Whereas, the County determined new language needed to be added to the UDO to ensure consistency with these changes, and Whereas, the County determined existing language needed to be modified in the UDO to expand custodial care options for Orange County residents, and Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and Whereas, the County has held the required public hearing and has found the proposed text amendment is consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective on February 18, 2016. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2016. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2016 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2016. 38 SEAL Clerk to the Board of Commissioners 39 UDO AMENDMENT PACKET NOTES: The following packet details the proposed text amendment to incorporate recent changes in State Law with respect to temporary health care structures. The amendment package will modify Sections 5.4, 5.5 and 10.1 of the UDO to accommodate the new standards. As the number of affected pages/sections of the existing UDO are being modified with this proposal, staff has divided the proposed amendments into the following color coded classifications: • Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO based on Session Law 2014-94 and comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting. • Black Strikethrough Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for modification. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp Article 5: Use4� Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS *= PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Recreational Facilities Non-Profit B B B B B B B B B B B B B B B B B Recreational Facilities Profit ========== ©© ===©=== Golf Course A A A A A A A A A A A A A A -- A A A RESIDENTIAL USES Dwellin•; Mobile Home ======= Dwelling; Multiple Family ---©©©©©©-©©--©------ Dwelling; Single-Family ©©©©©©©©©©©©-©------- Dwelling; Two-Family ©©©©©©©©©©©©--------- Family Care Home ©©©©©©©©©©©©©©©------ Group Care Facility cxxxxincincin B con B rim----- Rehabilitative Care Facility ---------©-©©-------- Residential Hotel (Fraternities, Sororities, and ■■■■■■ A A AM A A ■■■■■■■■ Dormitories — Rooming House -----©©©©-----©------ TELECOMMUNICATIONS Telecommunication Tower Stealth (75 feet or ©©©©©©©©©©©©©©©©©©©©© shorter Telecommunication Towers (Over 75 feet and under 200 feet Finn B B 111111 B B B Uri B B 111:111 Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B M B B B B BM--MM- 1 The temporary mobile home (custodial care) use is proposed to be removed from the table of permitted uses.This existing use will be incorporated into the new temporary custodial care unit use and permitted as an accessory use to an existing single family dwelling unit. Orange County, North Carolina—Unified Development Ordinance Page 5-9 Article 5: Us 5.2: Table of Permitted Uses TABLE OF PERMITTED USES—ECONOMIC DEVELOPMENT DISTRICTS *= PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING&CLASS A SUP) GENERAL USE ZONING DISTRICTS USE TYPE BUCKHORN EDD ENO EDD HILLSBOROUGH EDD EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 #Shall be noted on Zoning Atlas as"Zoning District"—CU (e.g., EDB-2-CU) Dwelling, single-family Dwelling,two-family Dwelling, multi family(6-12 units per acre in the Hillsborough EDD Dwelling, multi-family(6+units per acre as part of mixed use development; maximum of 25%of development square footage Dwelling, multi-family(6+units per acre) C# Dwelling, mobile home(For replacement of existin• mobile home Temporary mobile home(For custodial care} Temporary mobile home(For occupancy during construction of permanent residential unit and for 30 days after issuance of Certificate of Occu.anc RETAIL Farm equipment sales C# C# Motor vehicle service station C# C# Motor vehicles, new and used, sales and rental C# C# * _____ Nightclubs, bars, and pubs (Only as accessory use to hotel, motel or * restaurant Restaurants (carry-out and general)when located in a service building,court or plaza, retail store, or * enclosed mall consisting of multi.le uses Restaurants andin (carry-out and general)in a separate, * C# free-standing building Restaurants(drive-in)in a separate,free-standing C# C# building Orange County, North Carolina—Unified Development Ordinance Page 5-16 Article 5: Us9.s� Section 5.2: Table of Permitted Uses TABLE OF PERMITTED USES—CONDITIONAL ZONING DISTRICTS *=PERMITTED USE CONDITIONAL ZONING DISTRICTS USE TYPE ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval Telecommunication Towers (greater than 150 in height) * * TEMPORARY USES Buildings, Portable * Temporary Mobile Home (Custodial Care) Temporary Mobile Home (Use during construction/installation of permanent residential unit and for 30 days following issuance of * Certificate of Occupancy TRANSPORTATION Bus Passenger Shelter * Bus Terminals&Garages * Motor Freight Terminals * Motor Vehicle Maintenance&Repair * (Body Shop) Motor Vehicle Repair Garage * Motor Vehicle Sales Rental * (New&Used) Motor Vehicle Services Stations * Parking As Principal Use, Surface or Structure * Petroleum Products: Storage&Distribution * Postal & Parcel Delivery Services * * UTILITIES Elevated Water Storage Tanks * * Public Utility Stations &Sub-Stations, Switching Stations, * * Telephone Exchanges,Water&Sewage Treatment Plants Electric, Gas, and Liquid Fuel Transmission Lines * * Water&Sanitary Sewer Pumping * * Solar Array—Large Facility * * Solar Array—Public Utility * * Orange County, North Carolina—Unified Development Ordinance Page 5-26 Article 5: Use Section 5.4: Standards for Temporary Uses (c) The proposed activity will occur no more frequently than sev lays in a 30-day period, and on no more than 50 days per year. d) Signs shall be permitted in accordance with Sec 6.12.11(D) of this Ordinance. (e) A sarking shall be on-site. (f) Noise le■: s at the boundary • e area included in the special Use Permit shall exceed e decibels between the hours of 7:00 a.m. and 7:00 p.m., or 45 • -Is between the hours of 7:00 p.m. and midnight. No Special Ev-• shal .-sin before 7:00 a.m., or extend beyond midnight. (g) Th: ite plan shall have the written :••royal of the Orange County ivision of Environmental Health regar•.•: the adequacy of the water supply and wastewater disposal for the spec .-d maximum number of participants for any single event and the written a., oval of the Orange County Fire Marshal and Orange County Sheriff's Dep: ment regarding the adequacy of parking, access or other factors relating to blic safety. (h) The Special Use Permit shall be valid for no more than one year. 5.4.4 Temporary Use of a Residential Mobile Home (A) General Standards of Evaluation Residential Mobile Homes may be permitted as a temporary use during construction in accordance with the following: (1) The property owner shall reside in the temporary residential mobile home during construction of a new residence or the renovation of an existing residence on the same lot. (2) Prior to placement of the temporary residential mobile home on-site all applicable state and local approvals and permits shall be procured, including but not limited to a zoning compliance permit, building permits, and health department approval. (3) The temporary residential mobile home must be removed within 90 days of receipt of the certificate of occupancy for the on-site residence. (B) Standards for Class B Special Use Permit2 {1) Submittal Requirement,. In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) One of the following types of rolationchips shall oxict botwoon tho occupants of mobile home and the existing single family dwelling. (i) Blood relationship. (ii) Relationship by marriage. (iii) Legal guardian relationship designated by Court of Law. (b) A certificate in writing, from a liconcod physician (MD) stating tho (c) Floor plan of the existing single family unit showing that there is no reasonable alternative based on the utilization of the existing floor plan. 2 Based on the proposed amendment,Section 5.4.4(B)will be modified and moved to Section 5.5.9. Orange County, North Carolina—Unified Development Ordinance Page 5-34 Article 5: Used Section 5.5: Standards for Residential Uses (d) Site plan showing the location of the existing single family unit; the- proposed mobile home, driveway, parking area, sewage disposal facilities. (e) A statement for setting forth the length of time for which the request is made. Approval shall not exceed one year. {2) Standards of Evaluation (a) The relationship between the occupants of tho singlo family unit and tho (b) There is a certificate from a licensed physician (MD) stating the necessity (c) The floor plan of the existing single family unit shows there is no (d) The proposed site plan shows the location and setbacks of the existing single family unit, the mobile home, and driveways and parking areas. The setbacks for all structures meet or exceed the requirements of tho district in which the lot is located. (e) There shall be adequate lot area for each unit, according to the minimum requirements of the zoning district in which the lot is located. (f) Approval of the Orange County Health Department for water and sewerage disposal facilities, or the approval of the appropriate agency from which sanitary sewer and water will be supplied. (g) Approval of the application shall not exceed one year. Renewal shall constitute a new application. 4.5 Buildings for Temporary Use (A) Standards for Class B Special Use Permit (1) Submittal Requirements— In addition to the information required by Section 2.7, the folio g information shall be supplied as part of the application for approval oft use: (- Site plan showing all existing and proposed s ctures on the site, existing and proposed topography at a co. our interval of five feet, - isting and proposed landscaping, p. -ing areas, access points, any offi Ily designated flood plains, ass other site details. (b) A descrip '.n of the exterior •.terials, color and construction details. (c) Statement of p loosed . e and length of time building will be in use. (2) Standards of Evaluation (a) The tempor. building s' : I not be used for residential purposes. (b) The ter sorary building shall no se used by operations offering drive-in ser es. (c) he use of the building shall be only for •e period of time specified and for the use specified. (d) The proposed use is a permitted use in the distri 'n which it is located. SECTION 5.5: •TANDARDS FOR RESIDENTIAL USES 5.5.1 =ccessory Structures and Uses (A) General Standards of Evaluation Orange County, North Carolina—Unified Development Ordinance Page 5-35 Article 5: Used Section 5.5: Standards for Residential Uses In addition to the information required by Section 2.7, the following infor•-.tion shall be supplied as part of the application for approval of this use: (a) A description of the type facility planned, the number 4 occupants, and the development schedule. (b) A site plan showing existing and propose. ontours. Proposed ildings, parking, access, service, re . -ation, landscaped and screened are. (c) Other crit- as set forth i -ections 6.2.11 and 6.3. (d) A statement con -r • the provision of public services which shall include fire, poli - a rescue protection. (2) Standards of Ev. ■ation— (a) Ad-. ate parking, access and s- •ce areas are provided for the site. (b) Parking, service areas and buildings ar- .dequately screened from adjacent residential uses. (c) Improved recreational facilities are provided for o 'ants. (d) Other criteria as set forth in sections 6.2.11 and 6.3. (e) Letters from public service agencies attesting to the adequacy . the provision of public services such as fire, police and rescue. 5.5.9 Temporary Custodial Care Units3 (A) General Standards (1) Submittal Requirements4 In addition to the information required by Section 2.4, Zoning Compliance Permits, the following information shall be supplied as part of the application for approval of this use: (a) Certification in writing from a licensed physician stating the necessity of direct care for a mentally or physically impaired person who requires assistance with two or more activities of daily living. (2) Standards of Evaluation (a) An existing single family residential dwelling unit must be located on the same parcel as the temporary custodial care unit. Temporary custodial care units shall be classified as an accessory use to a single family detached dwelling unit. (b) No more than one temporary custodial care unit per lot shall be permitted. 3 A temporary custodial care unit use is being proposed in order to address comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting.The new use combines the temporary health care structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home units (custodial care)contained in Section 5.4.4.This option which would allow for temporary health care structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to an existing single family dwelling unit, remove the required Special Use Permit for temporary mobile homes currently contained in the UDO, and address items of concern identified by the BOCC at the May and September meetings. 4 Based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting,the proposed amendment will not require documentation identifying the relationship between the occupant of the temporary health care structure and the occupant of the existing family dwelling unit. In addition,the amendment will not require the occupant of the temporary health care structure to be a North Carolina resident. Orange County, North Carolina—Unified Development Ordinance Page 5-48 Article 5: Used Section 5.6: Standards for Commercial Uses (c) The temporary custodial care unit must meet setback standards where located and shall not be located in any required front yard open space.5 (d) Occupancy of a temporary custodial care unit shall be limited to no more than two persons, with at least one of whom is mentally or physically impaired and requires assistance with two or more activities of daily living. (e) A temporary custodial care unit shall be required to connect to water, wastewater, and electric utilities serving the principal structure on the property. (f) The Orange County Health Department, or the agency that provides sanitary sewer and water services, shall approve water and wastewater disposal facilities. (g) All applicable state and local approvals and permits shall be procured including, but not limited to, a zoning compliance permit, building permits, and health department approval. (h) Approval of the application shall not exceed one year. Annual renewal shall require a new application and recertification from a licensed physician stating the necessity of direct care. (i) Any approved temporary custodial care unit shall be removed no later than 180 days after the time the mentally or physically impaired person(s) is no longer receiving care or is in need of assistance. If the structure is needed for a different impaired person, the temporary custodial care unit may continue to be used, subject to the requirements of this Ordinance.6 (j) The caregiver shall allow inspections of the property by the County at times convenient to the caregiver, during reasonable hours, and upon prior notice for compliance purposes. (k) A permit for a temporary custodial care unit may be revoked by the Planning Director due to failure of the applicant to comply with any of the above provisions. SECTION 5.6: STANDARDS FOR COMMERCIAL USES 5.6.1 Nightc . • Bars and Pubs (A) General : • •ards for Evaluation (1) Buildings for itclubs, bars and pub - all not be located within 200 feet of a residence. 5.6.2 Massage Business (A) General Sta • • •s for Evaluation (1 Must comply with the Ordinance for the Control of Massa.- .nd Massage Establishments 51f should be noted the required front yard space is not necessarily synonymous with all the space between a dwelling and the road right-of-way. Many dwelling units in rural areas are located further from the road right-of- way than the required front setback.Therefore, a temporary custodial care unit could potentially be located in front of an existing dwelling unit. 6 Based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting,the proposed amendment will allow a temporary custodial care unit to remain on the property for up to 180 days after a mentally or physically impaired person is no longer receiving care or is in need of assistance. Orange County, North Carolina—Unified Development Ordinance Page 5-49 Article 10: Definitiou Section 10.1: Definitions Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Existing Construction Structures for which, the"start of construction" commenced before March 16, 1981. This term may also be referred to as "existing structures." Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which, for flood damage prevention purposes, the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing. FONSI A Finding of No Significant Impact. As pertaining to an EA or EIS. Family For purposes of this Ordinance, family shall be defined as an individual of or'two or more persons related by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five8 persons who need not be related in a dwelling unit. A"family" may include five or fewer foster children. Family Care Facility A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated individuals. Family Day Care Home A residence in which childcare is provided, which provides childcare for no more than three children. Family Income The gross annual sum of all income received by all adult members of the household, including: a) Earned income from wages for all family members over the age of 18; 'Staff is suggesting this typographical error be corrected as part of this UDO amendment. 8 Based on comments received at the September 1 BOCC meeting, revisions to the definition of family will increase the number of unrelated persons allowed to live together in a dwelling unit from three to five.The maximum of five people is based on the 2012 North Carolina Residential Code. Once there are more than five unrelated people the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming or boarding house.A rooming or boarding house is reviewed and permitted differently in the North Carolina State Building Code and UDO compared to a single family dwelling unit. Orange County, North Carolina—Unified Development Ordinance Page 10-10 Article 10: Definitioi Section 10.1: Definitions Telecommunication Facilities, Wireless facility Stealth A wireless support structure designed using stealth technology such that its primary purpose is, or visually appears to be, something other than the support of telecommunications equipment, the apparent purpose of the wireless support structure is customarily considered as accessory to a use that is allowed in the zoning district, and the structure and its primary use comply with this Ordinance. Telecommunication Facilities, Wireless support structure A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure. telecommunication Facilities, Wireless Telecommunications Facility (WTF), ncludes both Telecommunications Site and Personal Wireless Facility A structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. If further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the facility. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services, and any commercial wireless telecommunication service not licensed by the FCC. Temporary Custodial Care Unit A transportable residential structure facilitating a caregiver's provision of short or long term care for a mentally or physically impaired person that is primarily assembled offsite, has no more than 1,000 gross square feet, and complies with applicable standards of the North Carolina State Building Code and/or Department of Housing and Urban Development(HUD). Temporary custodial care units shall not be installed on a permanent foundation and shall be classified as an accessory use to an single family detached dwelling unit. Includes mobile homes and temporary health care structures. Temporary Residential Mobile Home A mobile home, intended for residential use for a limited period of time, for purposes of providing ter custodial care under a Class B Special Use Permit or providing temporary residential space during the installation of a replacement mobile home or construction of a stick-built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi-permanent foundation. Temporary Use Building A building, not intended for residential use, consisting of one or more modules constructed off the ultimate site of use. The building is also not attached to a permanent or semi-permanent foundation. Ten-Year -ansition Land Land located in areas that are in the process of changing from rural to urban densities and/or intensities, that are suitable for higher densities and/or intensities and could be provided with public utilities and services within the first 10-year phase of the Comprehensive Plan update or where such utilities and services are already present or planned. Non-residential uses implemented in accordance with small area plans and/or overlay districts may be appropriate. tourist Home A building or group of attached or detached buildings containing, in combination, three to nine lodging units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than transients. Traffic Generation: Low Uses which generate an average of less than 200 vehicle trips per day. Orange County, North Carolina—Unified Development Ordinance Page 10-57 Excerpt of Minutes Attachment 4 49 APPROVED 9/1/2015 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING May 26, 2015 7:00 P.M. The Orange County Board of Commissioners met with the Orange County Planning Board for a Quarterly Public Hearing on May 26, 2015 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Mia Burroughs, Mark Dorosin, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: Barry Jacobs COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTY STAFF PRESENT: County Manager Bonnie Hammersley and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Pete Hallenbeck and Planning Board members Lisa Stuckey, Herman Staats, Paul Guthrie, Tony Blake, Laura Nicholson, and Lydia Wegman, Andrea Rohrbacher, Maxecine Mitchell, H.T. "Buddy" Hartley PLANNING BOARD MEMBERS ABSENT: James Lea and Bryant Warren Chair McKee called the meeting to order at 7:05 p.m. Chair McKee said that Commissioner Jacobs would be unable to attend the meeting tonight. Chair McKee noted the following items at their places: -White sheets: PowerPoint slides for Items C1-5 - Notebook for Item C-3- Request for Special Use Permit - solar array/public utility station Chair McKee said staff requested that the Board of County Commissioners (BOCC) consider moving Item 5 - Unified Development Ordinance (UDO) Text Amendment—forward to the beginning of the agenda, as it is a short presentation. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to move Item 5 - Unified Development Ordinance (UDO) Text Amendment-forward on the agenda to the beginning of the agenda. VOTE: UNANIMOUS A. OPENING REMARKS FROM THE CHAIR-Chair McKee and PB Chair Pete Hallenbeck B. PUBLIC CHARGE Chair McKee dispensed with the reading of the Public Charge C. PUBLIC HEARING ITEMS 5. Unified Development Ordinance (UDO) Text Amendment - To review government- initiated amendments to the text of the UDO to incorporate recent changes in State law with respect to the review and permitting of temporary health care structures. 50 Ashley Moncado, Orange County Planning Inspections, presented the following PowerPoint slides: Unified Development Ordinance Text Amendment Temporary Health Care Structures Quarterly Public Hearing May 26, 2015 Item C5 Purpose To hold a public hearing on a Planning Director initiated Unified Development Ordinance (UDO) text amendment regarding proposed standards for temporary health care structures to be added into Sections 5.5 Standards for Residential Uses and 10.1 Definitions of the UDO. Background What is a Temporary Health Care Structure (THCS)? • General Definition o A mobile, modular unit, which may include health care amenities, designed to be temporarily placed on a caregiver's property for rehabilitation and extended care of an impaired relative. • Purpose o Provide a temporary, affordable, higher quality, and accessible housing option for those in need, and for families in place of a nursing home facility. • Similar to a state of the art hospital room • Also known as: o MEDCottages o Granny Pods Session Law 2014-94 • Background o Concerns with existing zoning regulations limiting temporary health care structures o Adopted (August 1, 2014) to accommodate use and limit permitting obstacles statewide o Modeled after 2010 Virginia State Legislation • Purpose o Allow people with mental or physical impairments to live and reside with their families in order to receive the care they need. • Outlined Definition and Regulations Proposed Amendments • Proposed Revisions to: o Section 5.5, Standards for Residential Uses o Article 10, Definitions • Packet includes the proposed amendments in "track changes" format • Renumbering and reformatting of identified Sections Proposed Amendments 51 Definition • A transportable residential structure facilitating a caregiver's provision of care for a mentally or physically impaired person that is primarily assembled offsite, is limited to one occupant, has no more than 300 gross square feet, and complies with applicable standards of the North Carolina State Building Code. Temporary health care structures shall not be installed on a permanent foundation. Temporary health care structures are classified as an accessory use to single family detached dwellings. Proposed Amendments Submittal Requirements • Must meet Section 2.4, Zoning Compliance Permits • Documentation identifying the relationship of the occupant of the THCS and occupant of the single family dwelling • Physician's certification Proposed Amendments Standards of Evaluation • Existing single family residential dwelling unit must be located on the same parcel as the THCS • No more than one THCS per lot • Must meet setback standards contained in Section 5.5.1, Accessory Structures and Uses • Occupancy shall be limited to one mentally or physically impaired individual • No signage or advertisement promoting the THCS shall be permitted • Shall be required to connect to water, wastewater, and electric utilities serving the principal structure • All applicable state and local approvals and permits shall be acquired Proposed Amendments Standards of Evaluation • Approval of the application shall not exceed one year and require annual renewal • Must be removed 60 days after the mentally or physically impaired person is no longer receiving care or is in a need of assistance • Caregiver shall allow inspections of the property by the County Public Notification • Completed in accordance with Section 2.8.7 of the UDO o Newspaper legal ads for two successive weeks Joint Planning Area Partners • Proposed amendments provided on January 14, 2015 o No comments have been received Recommendation The Planning Director recommends the Board: • Receive the proposed amendments to the UDO as detailed in this abstract and attachments. 52 • Conduct the public hearing and accept public, BOCC, and Planning Board comment on the proposed amendments. • Refer the matter to the Planning Board with a request that a recommendation be returned to the BOCC in time for the September 1, 2015 BOCC regular meeting. • Adjourn the public hearing until September 1, 2015 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Commissioner Dorosin asked if the building of a THCS is permissible, only if the recipient of the care is related to the landowner. Ashley Moncado said that is correct. Commissioner Dorosin asked if the THCS must be removed from the property, once the relative improves or moves on to a different living situation. Ashley Moncado said currently only one company makes this type of THCS, and they are built to be temporary. She said the THCS are built out of Virginia, where there are almost the same state regulations as North Carolina. She said the TCHS cost about $100,000, and there is no restriction on the word "temporary," so it could be on a property long term. Commissioner Rich asked if the TCHS remains on a property for many years, must it always be inhabited by the ailing relative. Ashley Moncado said yes. Commissioner Rich asked if there appears to be a need for the TCHS in Orange County. Ashley Moncado she said no one has gone through the process to be permitted, but there have been inquiries. Commissioner Price asked if a domestic partner would fall under the category of relative, and be able to reside in a TCHS. Ashley said that would apply for the family relationship. Commissioner Price asked for clarification regarding how water and sewer would work. Ashley said the applicant would have to go through Environmental Health to make sure that their present system has the capacity to accommodate this usage. Commissioner Price asked if this would also pertain to the Rural Buffer, and would Orange Water and Sewer Authority (OWASA) be involved. Ashley said yes, but properties in the rural buffer on mostly well and septic systems. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier for the Board: To refer the matter to the Planning Board, with a request that a recommendation be returned to the BOCC in time for the September 1, 2015 BOCC regular meeting. VOTE: Ayes, 5; Nays, 1 (Commissioner Dorosin) Motion Passes Commissioner Dorosin said he likes the idea of the THCS, but he would like for the Board to consider amending the UDO, making such structures more accessible and the regulations less onerous. Commissioner Pelissier said the BOCC could direct the Planning Board to deliberate on this issue, and to consider other options before returning to the Board of County Commissioners with their recommendation. A motion was made by Commissioner Price seconded by Commissioner Pelissier to adjourn the public hearing until September 1, 2015 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Excerpt of Minutes Attachment 5 53 APPROVED 10/6/2015 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING September 1, 2015 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, September 1, 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair McKee called the meeting to order at 7:04 p.m. Additions or Changes to the Agenda hair McKee said the discussion of a potential bond referendum will tak- •lace at the Board's . k session on September 10th, and with the school boards on Sep -mber 29th, returning as - secision item on October 6th He notes e following items at the Commissioners' places: - Blue sheet— Cop if the Board of County Commissioners' (BOC Adopted Social Justice Goals from 2010 - Green — Revised Script • Item 5-b — Class A Special Use -rmit (SUP) — Solar Array off White Cross Road. John Rob= s noted a linguistic chap• on page 63 of the abstract where there are 4 instances when a Bo- • Member can mak= "motion to affirm or reject". He said when the meeting reaches this point, e Board sh•• d use the word adopt rather than affirm. - PowerPoint slides for item 7a-Jail Alte -tives pork Group Report - Monthly Planning Department Report PUBLIC CHARGE Chair McKee dispensed (ith the reading of the '•.lic Charge 2. Public Comment a. Matters no •n the Printed Agenda None b. M- ers on the Printed Agenda one Announcements and Petitions by Board Members 54 VOTE: UNANIMOUS 5. Public Hearings a. Unified Development Ordinance Text Amendment Related to Temporary Health Care Structures — Public Hearing Closure and Action (No Additional Comments Accepted) The Board considered receiving the Planning Board recommendation, closing the public hearing, and deciding accordingly and/or adopting the Statement of Consistency and the Ordinance amending the Unified Development Ordinance (UDO) regarding temporary health care structures as recommended by the Planning Board and staff. Ashley Moncado, Orange County Planning and Inspections, said this item was presented at the May Quarterly Public Hearing (QPH). She said no modifications were made after the QPH. She said the amendment was presented at the June Planning Board Meeting, and the Planning Board voted 10-2 to recommend approval of the Statement of Consistency; and 9-3 to recommend approval of the proposed amendment. She said all comments from the Planning Board meeting can be found on page 8 within attachment 2. Commissioner Price asked if there had been any collaboration with the municipalities. Ashley Moncado said the Town of Hillsborough is pursuing an amendment to implement the session law, and there have been no comments from the other jurisdictions despite notification of the proposed amendment being sent to them. A motion was made by Commissioner Price, seconded by Commissioner Burroughs to close the public hearing. VOTE: UNANIMOUS Commissioner Dorosin said he will vote against it. He said he knows it is a directive from the State, but he finds it a poor way to do policy. Commissioner Dorosin said at the last BOCC meeting, the Commissioners had discussed about developing something specific to Orange County with broader parameters, and he encouraged the Board to pursue this. Commissioner Dorosin said the Board needs to re-visit the policy that no more than 3 unrelated persons can live together as this could be a violation of civil rights, and asked if staff could revise this. Ashley Moncado said staff is interested in pursuing these changes as well, but needed to get this text amendment done first and then review changes to it. Commissioner Dorosin asked what would happen if the Board rejected this law. Ashley Moncado said the State law would trump County law. She said she spoke with the County Attorney's office regarding modifying the language, and changes will be pursued. Commissioner Dorosin said it does not matter if the Board passes this amendment. Ashley Moncado said that is correct. She said the State law would trump the County's refusal to pass it, but potential future changes could make the amendment more flexible and accommodating. Commissioner Price said she has concerns with the residency requirement. She asked if there is a definition of, or process, to determine who is a resident. Ashley Moncado said this was a concern with the planning board members as well, and staff knows that this needs to be explored more thoroughly. 55 John Roberts said this has been the law for more than a year now, and he has to recommend that the County adopt it, as it is a State law. Commissioner Rich said she too is not supportive of this, and feels it is not well thought out by State. She said if Orange County can make this better, it should do so. Commissioner Jacobs asked if since many of the Board members do not feel that this amendment is adequate, would it be possible to table the amendment and refer back to staff with some suggested changes the Board would like to see, so that it is more tailored to what the Board believes to be appropriate. John Roberts said this is new ground for him. He said the public hearing would need to be re-opened and the item referred back to the Planning Board. Chair McKee asked if the Board could open the same public hearing that was just closed. John Roberts said he thinks so, but would research this now. Commissioner Burroughs asked how long the process would take, if the Board passes this amendment now and re-visits it through the UDO. Ashley Moncado said probably the February QPH would be the earliest timeframe. Commissioner Pelissier said the other reason that she would vote for it is because it would make the rules more transparent to the public. She asked if someone wanted to create a temporary health care structure, and the County does not have it in their UDO, can a person still proceed through State law. Commissioner Pelissier said she does not like what the State is doing. Ashley Moncado said this amendment is not in Orange County's UDO, and that is the main concern of the planning staff. Commissioner Pelissier asked if the Board could approve the amendment, with the contingency that it would come back in February 2016. John Roberts said a motion to approve contingent on other things for an ordinance, is not an approval. John Roberts said section 2.8 of the UDO does say that the Board can reopen the public hearing, as the Board is still present, and refer it back to staff and the Planning Board with any direction the Board deems appropriate. Commissioner Price said the Board has expressed their concerns of wanting something less restrictive. She asked if Orange County created a less restrictive policy, would the State policy trump that of the County. John Roberts said there is nothing in the state's language that implies it would preempt the county's wish. He said the State is setting a standard and he believes the County can tailor it to local needs. Chair McKee asked if anyone has applied to make a temporary health care structure. Ashley Moncado said no, but there have been inquires. Commissioner Rich asked if there is a process to determine if three people living in one structure are unrelated. Ashley Moncado said most of the County's code enforcement is complaint driven. A motion was made by Commissioner Jacobs, seconded by Commissioner Price to reopen the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the Board to refer this item back to the Planning Board and staff and solicit comments from Board 56 of County Commissioners and to come back at the February 2016 QPH and to post the current law on the planning website. Commissioner Rich made a friendly amendment to solicit remarks from Carrboro and Chapel Hill. Commissioner Jacobs and Commissioner Price accepted. Commissioner Dorosin clarified that this motion reflects the concerns that were mentioned tonight: how many unrelated people can live in a structure, relationships, residency requirement, and to look at past comments from previous meetings. Commissioner Jacobs said he meant it to include all comments including those from the May 2015 QPH. VOTE: UNANIMOUS •. Class A Special Use Permit— Solar Array off White Cross Road in Bingha Township (Receipt of Planning Board Recommendation — No Additiona •ublic c•mment or Testimony Allowed) Th- :oard considered receiving the Planning Board recommendation, - osing the public hearin•, and making a decision on a Class A Special Use Permit (he -after `SUP') application sub ted by White Cross Solar LLC and the property owner , r. and Mrs. William and Carol Byron, p ••osing the development of a solar array in accor•:nce with Section 2.7 Special Use Permits - ,d Section 5.9.6 (C) Solar Array-Public Utility •f the Orange County Unified Development Or. ance (UDO), approve the recommen•-d Findings of Fact as detailed within Attachment and make a motion approving th- SUP. Pat Mallet, Orange Coun Current Planning, revi= ed this item and all the materials in the abstract. He said page 49, Atta• ment 5, shows - the findings of fact, and conditions of approval. He said page 50 reviews al e applicati• components and shows that all the requirements set forth in the UDO were c_ ified - met. He said page 51 shows that all notification requirements were met. He sai• •-•es 52-57 show requirements for special use permits and solar arrays, noting all findings ,e - in the affirmative. He said page 58 shows the recommendation of the Planning Board, ich is ••nsistent with staff's recommendation, noting that all findings of fact have be met. Pat reminded the Board that e applicant has ' -d extensive conversations with the neighboring properties, and at th- ime of the May Quarte Public Hearing there were still two neighbors with concerns abou e buffer. He said Item 1 (A -chment 6) speaks to the buffer treatment, which is above a • beyond what the code requires. Chair McKee said is is a SUP, and no additional comme or testimony would be allowed. ITEM: 5-b-Attac ment 7 A mo'on was made by Commissioner Price, seconded by Commissione :urroughs to enter Att-' ments 1-6, and revised Attachment 7 into the minutes. VOT': UNANIMOUS Michael Harvey presented this portion: Excerpt of Minutes Attachment 6 57 DRAFT 1 MINUTES 2 PLANNING BOARD 3 JANUARY 6,2016 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lydia Wegman (Vice Chair),At-Large Chapel Hill Township; James Lea, Cedar Grove Township 7 Representative; Paul Guthrie, At-Large Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill Township; 8 Maxecine Mitchell, At-Large Bingham Township; Patricia Roberts, Cheeks Township Representative; Laura 9 Nicholson, Eno Township Representative; Herman Staats, At-Large; Lisa Stuckey, Chapel Hill Township 10 Representative; Tony Blake, Bingham Township Representative 11 12 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative 13 14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Perdita Holtz, 15 Special Projects Coordinator, Meredith Pucci,Administrative Assistant II;Ashley Moncado, Special Projects Planner 16 17 ****** 18 19 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT-To make a 20 recommendation to the BOCC on government-initiated amendments to the text of the UDO 21 regarding temporary healthcare structures and other custodial care housing options.This 22 item is scheduled for the February 18, 2016 quarterly public hearing. 23 24 PRESENTER: Ashley Moncado, Special Projects Planner 25 26 Ashley Moncado reviewed abstract 27 28 Patricia Roberts: I was having kind of a hard time visualizing what this would look like. Does anybody have an 29 example? 30 31 Ashley Moncado:At one point we did have a little flyer, unfortunately it's not included in your packet tonight. It's a 32 mobile unit, so if you can picture a single wide manufactured home, even smaller than that.A temporary health care 33 structure originally is only about 300 square feet. It's a mobile unit so it's basically a room with a bathroom. It can go 34 on any lot where an existing single family home would be permitted.Your only issue with neighborhoods,they are 35 permitted at the county level, but if there's covenants or restrictions then they trump the Session Law. 36 37 Patricia Roberts: I see 1,000 square feet everywhere here except for the table, on the table it said it can't exceed 300 38 square feet. 39 40 Ashley Moncado: I think that is just referencing a temporary health care structure,which this is something from a 41 previous meeting where they wanted to know what other options there are out there for providing care to family 42 members, neighbors,friends.So this table was created to show all the different options that are currently available in 43 the County. 44 45 Patricia Roberts: 1,000 square feet is huge. 46 47 Ashley Moncado:Yes, and there was concerns shared from this Board as well as the BOCC regarding the original 48 proposed size.Originally, it was only 300 square feet and there were concerns that was too small. So,we increased 49 it to 1,000 square feet. 50 51 Patricia Roberts:And what's temporary? How long is temporary? 52 1 58 DRAFT 53 Ashley Moncado:Temporary is not defined by state statute so it could be a week, a year. It's not allowed to be 54 placed on a permanent foundation, it is to remain on its trailer so it can be pulled back out. 55 56 Patricia Roberts:What about hooking up the septic? 57 58 Ashley Moncado:You'd have to go through environmental health approval so they would be reviewed by Orange 59 County Environmental Health. If they don't have the capacity to add that, because it's considered an extra bedroom, 60 they will have to address that. 61 62 Patricia Roberts: So there's not that many places in the County where you can put one of these. 63 64 Tony Blake:Well, if you have a 5-acre lot. 65 66 Laura Nicholson: I noticed that you changed a lot of the things, but I still see the one person as the occupant 67 requirement.Was there any wiggle room there to allow? I'm just looking at the table and still seeing one. 68 69 Ashley Moncado:Yes, the table is only referencing temporary health care structure standards. But, if you look at the 70 actual amendments, we are allowing up to five unrelated to live in a single family dwelling unit and up to two people 71 to live with a temporary custodial care unit. 72 73 Paul Guthrie: How are you defining family? 74 75 Ashley Moncado:Well,we have to actual definition on page 47 of your packets and it's exactly as we've had it 76 previously, the only thing that we're changing is a minor grammar error as well as increasing it from three to five. 77 78 Paul Guthrie:The reason I ask the question is, the definition of a family has changed radically.And the only time 79 when the question comes up is when somebody's unhappy about it being permitted and one of the things you would 80 certify is that it meets this definition; and how do you prove a family?What are the standards of a family? 81 82 Ashley Moncado: I think it's outlined pretty well in the definition of what we're defining a family as and that's 83 something that as it's brought to our attention. 84 85 Paul Guthrie:Well, let me give you an example, two individuals live together and each individual, one has two 86 children and one has three children.There is no, in my mind, legal definition, of that being a family under the law.Are 87 they able to have a unit brought in for mom when she comes in from one of the mothers from one of the partners? 88 89 Ashley Moncado:Are you talking about the actual family definition of what we're talking about five unrelated people 90 or are you talking about the temporary health care structure-because there's no relationship requirement with that 91 anymore. 92 93 Paul Guthrie: I'm talking about that in the context of this whole. 94 95 Ashley Moncado: So the temporary custodial care unit, there's no relationship requirement. 96 97 Paul Guthrie: So the original house does not have to related to the individual at all? 98 99 Ashley Moncado: No, that's been removed. 100 101 Paul Guthrie: Okay. So,why are we defining a family as five? 102 103 Ashley Moncado: Because we have other issues regarding how many people are living within one single family 104 home, or a unit.Which this, the family definition is being changed because that was an issue that was brought by the 105 commissioners.They didn't like that it was limited to three, they wanted to see it increased. So, to me, it sounds like 2 59 DRAFT 106 these are two different things.So, the family definition,we're addressing that in conjunction with this just because it's 107 something that's been discussed previously that we just needed to address.We wanted to address it this time as part 108 of this amendment package. But, there's no family relationship requirement related to the temporary custodial care 109 units anymore. 110 111 Lydia Wegman: So maybe Paul is raising a good point as far as the family that should be considered independently, 112 from the temporary custodial unit because it is true that now the term family doesn't mean blood, marriage or 113 adoption. People do choose to live together. 114 115 Ashley Moncado:There's a possibility you could have a lot of people living in a house without having some sort of 116 standard and structures to it. I understand that there's a lot of people that have families that they have children, 117 they're not married or they're blended families. But, if you're looking at a family of that situation, I mean you could 118 look at potentially having twenty people living in a house.And we have no way that you have to put some sort of limit 119 on it to avoid that situation because then you could be looking at environmental health concerns where they have 120 twenty people living in a house with four bedrooms. 121 122 Paul Guthrie:And you have adequate definitions in other parts of planning laws and regulations that limits the 123 occupancy of a house? 124 125 Ashley Moncade:Well our family definition is also reflective of the North Carolina State Building Code.Which the five 126 is derived directly from. There's our standard but there's another state standard that they have to adhere by. 127 128 Patricia Roberts:Well perhaps if they're under 18 they don't count. 129 130 Ashley Moncade:We can't do that.The state building code doesn't look at age. 131 132 Tony Blake: Chapel Hill is even more restrictive than this to reduce the number of students and people parking on the 133 lawn and all that stuff.That was directly to address... 134 135 Patricia Roberts: It's four, right? 136 137 Tony Blake:Yeah, it's one less. 138 139 Lisa Stuckey: If the parents were not married, it would still be allowed? 140 141 Craig Benedict:Yes, as it's unrelated by blood. 142 143 Maxecine Mitchell: My understanding of it is, definitely people who are unrelated. So you can have a bunch of people 144 sharing a house less than six people and one of them wants to bring their parents on the property and put this 145 portable unit up, my question would be then that wouldn't be allowed because you have too many unrelated people 146 there.Am I understanding that right? 147 148 Ashley Moncado:They would still be able to.You have six people, unrelated, living in the house.Yes, they would still 149 be able to bring that temporary custodial care unit on the property because we're looking at something separate from 150 the temporary custodial care unit. 151 152 Maxecine Mitchell: I just got confused because I thought that was a point to be a determined fact of whether you 153 could put that portable unit for a parent or parents. But the family relationship has nothing to do with it? 154 155 Ashley Moncade: For bringing the temporary custodial care unit on the property, no. 156 157 Tony Blake: I have one question related to the fire departments. I see this footnote of manufactured homes are built 158 to the standards of the department of housing urban development, HUD certificate, is required by Orange County 3 60 DRAFT 159 prior to the placement in the County. Now, before a certain age there are trailers that are extreme fire hazards, built 160 before a certain year. On page 34, at the bottom of the table, there's a footnote and I'm wondering, does Orange 161 County have an ordinance that is to age out some of these older mobile homes and stuff? 162 163 Michael Harvey: No. 164 165 Patricia Roberts: Doesn't the state? 166 167 Tony Blake: It's a problem in the fire department.A lot of people bring in mobile homes from other parts of the state 168 where they're not allowed and they set them up and they're extreme fire hazards.They have aluminum wiring, 169 they've just reached the end of their duty cycles and they're a fire trap, they going up like a matchstick and it's just 170 something to consider, that struck me when I read that because I think these are actually HUD certified. But, that 171 doesn't necessarily mean much. 172 173 James Lea: I guess what's interesting Tony is how would you get a manufactured home built to the standards to the 174 department of housing? 175 176 Tony Blake:Well these all existed before HUD and I think they're pre-existing and as I said it's been a concern where 177 these things are actually being imported from county to county where the regulations lack.That contributes to North 178 Carolina being in the burn belt. 179 180 Craig Benedict: I'll check with the division. 181 182 Tony Blake: I think it is '76. I thought it was as late as '85 or something. 183 184 Perdita Holtz: It is'76; I know this unequivocally. 185 186 Tony Blake: Okay. Because there are some in Orange County. 187 188 Perdita Holtz:Technically, they're mobile homes before that and '76 and later are manufactured homes. 189 190 Tony Blake: Okay, so you know the rule better than I do. It just kind of set off a little alarm bell to me because it might 191 encourage people to bring these things in and park them close. 192 193 Lydia Wegman:Are there comment, questions? 194 195 MOTION made by Laura Nicholson to approve the statement of consistency and the amendment. Tony Blake 196 seconded. 197 VOTE: Unanimous. 198 ****** 4 61 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to allow temporary custodial care units, 1,000 square feet or less, to be permitted as an accessory use in any single family residential zoning district on lots zoned for single family detached dwellings. The Planning Board finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. c. The amendment is consistent with applicable plans because it: 1. Supports the following 2030 Comprehensive Plan goals and objectives: Chapter 4 — Housing Element— Section 4.6 Goals Housing Overarching Goal: Opportunity for all citizens of Orange County to rent or purchase safe, decent, accessible, and affordable housing. Housing Goal 2: Housing that is useable by as many people as possible regardless of age, ability or circumstance. d. The amendment is reasonable and in the public interest because it: 1. Provides a temporary, affordable, higher quality, and accessible housing option for those in need. 2. Allows residents with mental or physical impairments to reside with caregivers in order to receive the care they need. The Planning Board of Orange County hereby recommends that the Board of County Commissioners consider adoption of the proposed UDO text amendment. I \ 6 1 cor Chair I Date Nr ealrr,6(„-G, 1