HomeMy WebLinkAboutORD-2016-006 Ordinance Amending the Unified Development to modify mailed notifications C . 1
Ordinance # ORD-2016-006
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO)
to modify mailed notification requirements.
Whereas, on November 5, 2015, Orange County adopted amendments to its UDO which revised
various aspects of the public hearing process for Comprehensive Plan-, UDO-, and Zoning Atlas-
related amendments, and
Whereas, staff has determined there were omissions in Sections 2.7.5, 2.9.1, and 2.9.2 that
should have been part of the amendments adopted on November 5, 2015, and
Whereas, staff has reviewed the UDO to determine that sections that were not contemplated for
amendments in 2015 should be amended at this time to keep notification requirements consistent
between the various processes that require mailed notification, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have been
deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed text
amendments, and
Whereas, the County has held the required public hearing and has found the proposed text
amendments are 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 upon its adoption.
Upon m o f 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 f[Wpgoyig 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 re recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of 2016.
Clerk to the Board of Commissioners
��'f¢ C'ara�t'�*
Amendment Package for Mailed Notification Requirements
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO)text to ensure public notification requirements are consistent among the
various procedures for mailed notifications. Amendments adopted on November 5, 2015
expanded the mailed notification distance from 500 feet to 1,000 feet for several types of actions
and call for notifications to be mailed via first class mail. Staff has evaluated all procedures in
the UDO that require mailed notifications to ensure requirements are consistent throughout the
UDO. Staff recommends procedural consistency in order to avoid potential confusion.
Staff notes that Section 5.10.8(2) (not included in this package) 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.
Proposed additions/changes to existing UDO text are depicted in red. 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:
htt :/p /orangecountync.gov/planning/Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
Some text on the following pages has a large "X"through it to denote that these sections are not
part of the amendments under consideration. The text is shown only because in the full UDO it
is on the same page as text proposed for amendment. Text with a large "X" is not proposed for
deletion; proposed deletions are shown in Fed 6tFikethF9u0 text.
I
Article 2: Procedures
Section 2.7: Special Use Permits
(6) A list of all parcels located within 500 feet of the subject parcel and the name nd
address of each property owner, as currently listed in the Orange County t
records.
(7) Elevations of all structures proposed to be used in the development.
For Class A Special Uses 26 copies and for Class B Special Us 10 copies of
the Environmental Assessment and/or Environmental Impact atement, if
required by Section 6.16.
(9) thod of disposal of trees, limbs, stumps and constru on debris associated
wit he permitted activity,which shall be by some m od other than open
burnin .
(10) Statemen rom the applicant indicating the an ' ipated development schedule for
the build-ou f the project.
(11) Statement from a applicant in justificaf n of any request for vesting for a period
of more than two y rs (five years m mum).
2.7.4 Staff Review
(A) The Planning Director shall cause a nalysis to be made of the application by qualified
representatives of the County and the gencies or officials as appropriate.
(1) Applications for agric ral suppo nterprise uses located within the Rural
Buffer land use cla ification, as depi d on the Future Land Use Map of the
adopted Compre nsive Plan, shall be arded to the County's Agricultural
Preservation B and for review and comme
(a) Th Agricultural Preservation Board sh I have 30 calendar days to
ovide comments. If comments are not r eived within this timeframe,
the application review process shall not be ayed.
(b For purposes of this subsection, agricultural sup rt enterprise uses
shall be defined as those permitted in the ASE-CZ ning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) T e Planning Director shall submit the analysis to the Board of County Co missioners
nd the Planning Board, in the case of Class A Special Uses, or the Board o djustment,
in the case of Class B Special Uses.
The appropriate Board reviewing the application shall receive and enter the analyse into
evidence during the public hearing. The analysis shall be subject to examination by a
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail Gertified notices of the meeting date and time via first class mail to each
property owner within one thousand feet of the property for which a Special Use has
been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
Orange County,North Carolina—Unified Development Ordinance Page 2-18
Article 2: Procedures
Section 2.9.1 - Conditional Use District (CUM-1 Section 2.9: Conditional Districts
Applications to establish a CUD shall be submitted to the Planning Director and shall
processed in accordance with the procedure(s)for:
(1) Zoning Atlas amendment(Section 2.8),
2) Class A Special Use Permit(Section 2.7), and
(3) The provisions of this Section.
(C) Submi al Requirements
(1) In dition to the CUD application form, an applicant sha also submit the
follo ' g information:
(a) A ite plan prepared in accordance with th provisions of Section 2.5
inc l ing the following:
(i) detailed description of the roposed use of property including
an utline of the propose perational characteristics of the
prop o ed development
(ii) A detaile raffic su ey, regardless of the estimated number of
trips per da , re red in accordance with all applicable North
Carolina Depa ent of Transportation (NC DOT) requirements
or standards s I as Section 6.17 of this Ordinance,
(iii) The app r priate envir mental document prepared in
accor nce with Section .16; and
(iv) A I dscape plan showing t location of on-site significant
ees; proposed screening, bu s, and landscaping; and any
proposed treatment of any existin natural features.
(b) A mmary of utility services, including proces 'ng of wastewater.
(c) A schedule of construction of all elements of the p osal; and
(d) Any other information identified during the pre-app lica ' n conference
deemed essential to demonstrate the project's complianc with these
regulations.
(2 26 copies of the application package required in (1)above shall be sub i ted by
the applicant.
(3) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD,the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail certified notices of the
meeting date and time via first class mail to each property owner within one
thousand feet of the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
Orange County,North Carolina—Unified Development Ordinance Page 2-29
Article 2: Procedures
Section 2.9.2 - Conditional Zoning District (CZD) Section 2.9: Conditional Districts
(2) Site plans (Section 2.5)for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
In addition to the CZD application form, an applicant shall also sub it the
following information:
a) A site plan prepared in accordance with the provisio s of Section 2.5 of
this Ordinance, except for MPD-CZ applications a (C)(2)below).
(b) A detailed description of the proposed use of operty including an
utline of the proposed development.
(c) A d iled traffic survey, regardless of a estimated number of trips per
day, p ared in accordance with all pplicable North Carolina
Departm t of Transportation (NC OT) requirements or standards as
well as Sec ' n 6.17 of this Ord' ance.
(d) The appropriate nvironme al Document prepared in accordance with
Section 6.16.
(e) A landscape plan sh ' g the location of on-site significant trees;
proposed screenin , buff , and landscaping; and any proposed
treatment of any xisting na al features.
(f) A summary utility services, in ding processing of wastewater.
(g) A sched a of construction of all ele nts of the proposal.
(h) Any er information identified during th re-application conference
d, -med essential to demonstrate the proje 's compliance with these
gulations.
(2) In Ii of the requirements in (1)(a)above, an application a Master Plan
D elopment(MPD) CZD shall include the requirements in tion 6.7. The
equirements of(1)(b)through (1)(h)above are applicable for -CZ
applications.
26 copies of the application package required in (1) and (2) above sha e
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail sert+fied notices of the
meeting date and time via first class mail to each property owner within one
thousand feet of the property for which a CZD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
Orange County, North Carolina—Unified Development Ordinance Page 2-32
Article 2: Procedures
Section 2.15: Major Subdivisions
X15.2 Concept Plan
(A) Pre-Application Review
To promote better communication and avoid unnecessary expense in the desig of
acceptable subdivision proposals, each subdivider is encouraged to meet with e
Planning Department staff prior to submitting an application for Concept Pla approval.
The purpose of this informal meeting is to introduce the applicant to the pr isions of this
Ordinance and discuss his/her objectives in relation thereto.
(B) n-Site Visit
(1) Prior to submission of a Concept Plan application, the appli nt shall schedule a
mutually convenient time to walk the property with the Pla ing Director. The
urpose of this visit is to familiarize the Planning Directo with the property's
ecial features, and to provide an informal opportunit to offer guidance to the
ap licant regarding the tentative location of Seconda Conservation Areas,
pote tial dwelling locations, and potential street ali ments.
(2) Prior to cheduling the on-site visit, the applican hall have prepared the Site
Analysis ap as required in Section 7.14.2(A) and shall submit the Site
Analysis to the Planning Director when t e on-site visit is scheduled.
(3) If the on-site 'sit is not scheduled before bmittal of the Concept Plan
application, it s II occur prior to the Nei borhood Information Meeting.
(C) Application Requiremen
(1) Applications shall be ubmitted on f rms provided by the Planning Department in
accordance with Secti 2.2 of thi Ordinance.
(2) Applications shall include:
(a) An Orange County ographic Information Systems(GIS) Map showing
the location of the ar I to be subdivided.
(b) 25 copies of a C ncept n of the proposed major subdivision prepared
in accordance ith the spe 'fications for Concept Plan drawings as
contained in ection 7.14.2( of this Ordinance. A Concept Plan shall
include the ollowing:
(i) Site Analysis Map;
(ii) A Conventional Developme Option; and
(iii) A Flexible Development Optio .
(3) In lieu of three-part Concept Plan, one Concept Ian may be submitted if the
applic t is seeking approval only of a Flexible Dev opment Plan. The applicant
may so combine the Site Analysis Map and the Fie le Development Option
into single plan, provided the information required in ction 7.14.2(A) is
di played in a clear and legible form. If an applicant choo s this option, he/she
n
all comply with the provisions for determining density co in Section
7.13.7(A).
(4) A comparison of the impacts of the Flexible Development Optio to those that
would result from the Conventional Development Option.
5) A checklist identifying consistency with applicable design guidelines s contained
in Section 7.13.7.
(6) Number 10 (business)sized envelopes with first class postage affixed ad essed
to each owner of property within 500 feet of the property proposed to be
subdivided. The names and addresses of property owners shall be based on e
current listing as shown in the Orange County Land Records System.
(D) Neighborhood Information Meeting
Orange County, North Carolina—Unified Development Ordinance Page 249
Article 2: Procedures
Section 2.15: Major Subdivisions
(1) Upon acceptance of a Concept Plan application, the Planning Director shall
schedule a Neighborhood Information Meeting (NIM) and mail notices of the
meeting to each owner of property within 508 one thousand feet of the property
proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least ten days prior to the
date of the meeting.
(3) The Planning Director shall place a sign on the affected property indicating the
total number of lots proposed, the date, time, and location of the NIM; and the
Planning Department telephone number. The sign shall be posted on the
affected property at least seven days prior to the NIM. The NIM shall be held a
minimum of 14 days prior to the Planning Board meeting at which the concept
plan is scheduled to be reviewed.
(4) At the NIM, the applicant shall be available to answer questions about the
proposed subdivision, and to receive comments from neighboring property
owners for the purpose of improving the proposed subdivision design.
(5) The Planning Director shall explain the subdivision approval process and shall
identify meeting dates of the Planning Board and Board of Commissioners at
which neighboring property owners may speak with regard to specific concerns
and/or issues.
Planning Director Review Procedures
(1) The Planning Director shall prepare and submit a recommendation to e
Planning Board which shall include the following:
(a) A written analysis of the Concept Plan;
The Concept Plan's general compliance with the re irements of this
Ordinance, the Comprehensive Plan, and other plicable codes and
ordinances; and
(c) a comments of neighboring property o ers expressed at the
Nei borhood Information Meeting.
(d) Which velopment Option Plan is commended for eventual
Prelimina fat processing.
(2) The Planning Directors a1I be permi ed to defer the application and
recommendation for one eting yond the Planning Board meeting at which
the application is scheduled heard.
(F) Planning Board Review and App r Val ocedures
(1) After receiving the Pla ing Director' eport and recommendation, the Planning
Board shall consider a Concept Plans d take action on the proposals.
(2) The Planning B rd shall base its action on findings as to the conformity of
the proposals ith all applicable regulations an shall:
(a) rove one Development Option;
(b) Approve one Development Option subject to co itions; or
( Deny the Development Options.
(3) The Planning Board shall vote on whether the development sho d proceed as a
Conventional Development Option or as a Flexible Development O ion.
(a) If that vote approves the Development Option recommended b he
Planning Director, the vote by the Planning Board is the final deci ' n on
whether the development proceeds as a Conventional Development
Option or as a Flexible Development Option.
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 2: Procedures
Section 2.24:Governmental Uses
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the day care center in a residence for 3 to 12 child n
from adjoining properties.
2.23.4 Ap !cation Approval
(A) the application is approved, either with or without conditions, the Pla Khe g Director shall
s d the applicant a letter informing him or her of the approval and o equ irements of
this dinance that apply to the day care center in a residence for to 12 children
(B) The Jett must be signed by the applicant to /en e willingness to operate the
day care c ter in a residence for 3 to 12 chilance with the requirements
and condition set forth in the letter.
(C) Each letter shall kept on file by the Planninhall constitute the approval
for the day care cen r in a residence for 3 to uestion.
2.23.5 Application Denial
If the application is denied, the Planni Director all notify the applicant of the denial and shall
state the reasons for denial in writing.
2.23.6 Annual Review
Each day care center in a residence fo to 12 c 'dren approved by the Planning Director shall
be reviewed annually by the Planni Director to as re compliance with the standards of
evaluation for such facilities.
2.23.7 Minor Changes to Approv
The Planning Director is uthorized to approve minor changes i he approved day care center in
a residence for 3 to 1 hildren, provided that the changes are in h mony with the action of the
original approval an provided that any change in the operation com 'es with the standards of
evaluation as sp ified in Section 5.8.1.
2.23.8 Changes in peration
/2.2Appeals e in the operation of the day care center in a residence for 3 to 12 chill en that does
y with the standards for evaluation as specified in Section 5.8.1 shall cons ute a
on and shall require the approval of a Class B Special Use Permit by the Bo d of
t under the provisions of Section 2.7 of this Ordinance.
ant may appeal the decision of the Plannin g Director to the Board of Adjustment as set
ction 2.27.
SECTION 2.24: GOVERNMENTAL USES
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land use
category as detailed within Section 5.2.
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input, a neighborhood information meeting shall be
held prior to the submittal of a site plan application. The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed development.
Orange County,North Carolina—Unified Development Ordinance Page 2-69
Article 2: Procedures
Section 2 25: Review of Environmental Documents
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans, small area plans, solid waste management master
plans, library master plans, etc.
(B) The Planning Department shall assist the applicant with the scheduling of the
neighborhood information meeting.
(C) The applicant shall obtain property owner mailing address information from the Planning
Department,who shall utilize Orange County Land Records data, and shall mailse#Ffied
notices of the meeting date, place, and time via first class mail to each property owner
within 508 one thousand feet of the subject property.
(D) The notices shall be mailed a minimum of 14 days prior to the date of the meeting.
(E) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(F) The applicant is required to shall submit^^^�f the^ertified- Mail reGeipts written
certification that the notices were mailed in compliance with the requirements of this
subsection. The written certification shall denote deRatiag the date of the mailing as well
as a synopsis of comments from the meeting as part of the site plan application. The
applicant shall also provide a written response on what steps, if any, were taken to
address said comments.
(G) A neighborhood information meeting shall not be required in cases where an applicant is
proposing to expand facilities less than 50% of existing floor area.
SECTION OF - • DOCUMENTS
2.25.1 vironmental Assessment
(A) Generally
A Environmental Assessment("EA" in this section) may be submitt prior to submittal
of th development application to determine if an Environmental I act Statement("EIS"
in this s tion) may be required, provided that:
(1) All i rmation necessary to perform the Assessm t is provided, and
(2) The proj application, when submitted, is c sistent with the project described
in the Asses ent.
(B) Review Process
(1) The Planning Depart nt shall r ew the EA for completeness within 5 calendar
days of the date of subm al.
(2) If the EA is found to be in m ete, it shall be returned to the applicant with
notification of its defici cies.
(3) Upon acceptance a complete EA, applicant shall submit 10 copies to the
Planning Depa ent.Additional copies y be required if needed. The EA will
be distribute y the Planning Department other appropriate departments and
agencies r review and comment.
(4) Final ction on the EA shall occur within 14 days fr the date of acceptance, or
s longer time as agreed to in writing by the applica
(5) If the EA reveals no"significant environmental impacts", as at term is defined in
this Ordinance,the Planning Department shall issue a Finding No Significant
Impact(FONSI).
(6) If significant impacts are identified, the Planning Department shall issu a Finding
of Significant Impact and shall require that an Environmental Impact State ent
be prepared. The decision of the Planning Department shall be reviewed by
County Manager upon request of the applicant or Planning Department.
Orange County, North Carolina-Unified Development Ordinance Page 2-70