HomeMy WebLinkAboutAgenda - 10-03-2017 - 8-f - Unified Development Ordinance (UDO) Amendment Outline and Schedule – Revisions to Public Hearing Process 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2017
Action Agenda
Item No. 8-f
SUBJECT: Unified Development Ordinance (UDO) Amendment Outline and Schedule —
Revisions to Public Hearing Process
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Unified Development Ordinance (UDO) Craig Benedict, Director, 919-245-2575
Amendment Outline Form James Bryan, Staff Attorney, 919-245-2319
Ashley Moncado, Planner II, 919-245-2589
PURPOSE: To consider and approve process components and schedule for government-
initiated amendments to the Unified Development Ordinance regarding revisions to the public
hearing process.
BACKGROUND: As a result of discussion at the September 7, 2017 Board of County
Commissioners (BOCC) Work Session, a text amendment to consider revisions to the existing
public hearing process is currently being prepared by County staff for the November Quarterly
Public Hearing. The proposed amendment will allow land use hearings to occur at any regular
BOCC meeting instead of current standards which allow these items to be presented on a
quarterly basis. Allowing these items to be heard at all regular BOCC meeting will expedite the
development review process and encourage a planning process which is efficient and
responsive to County residents. No other changes to the public hearing processes are being
proposed. In addition, all items requiring a public hearing will still allow for review and
recommendation from the Planning Board prior to the public hearing. Attachment 1 contains
additional information and analysis regarding the proposed amendment.
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 for the
text amendment will be paid from FY2017-18. Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process this amendment. However, since more public hearings may have to be
noticed, additional legal advertisement funds will be necessary in FY2018-19.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
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consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2017-05
Revisions to Public Hearing Process
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
X UDO Text:
XUDO General Text Changes
UDO Development Standards
XUDO Development Approval Processes
Section(s): Section 1.6, Planning Board
Section 2.3, Comprehensive Plan Amendments
Section 2.7, Special Use Permits
Section 2.8, Zoning Atlas and Unified Development Ordinance
Amendments
Section 5.10, Standards for Telecommunication Facilities
Section 10.1, Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Orange County Board of
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Commissioners have initiated a text amendment that would revise the existing public
hearing process. As a result of discussion at the September 7, 2017 Board of
County Commissioners (BOCC) Work Session, an text amendment to consider
revisions to the existing public hearing process is currently being prepared by County
staff for the November Quarterly Public Hearing. The proposed amendment will allow
land use hearings to occur at any regular BOCC meeting instead of current
standards which allow these items to be presented on a quarterly basis. No other
changes to the public hearing processes are being proposed. In addition, all items
requiring a public hearing will still allow for review by the Ordinance Review
Committee and recommendation from the Planning Board prior to the public hearing.
2. Analysis
These amendments will allow greater flexibility and reduce delays in decisions.
Allowing these items to be heard at all regular BOCC meeting shall expedite the
development review process and encourage a planning process which is efficient
and responsive to County residents. There would also be a benefit of scheduling
matters according to anticipated agendas.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
October 3, 2017
b. Quarterly Public Hearing
November 2017
c. BOCC Updates/Checkpoints
October 4, 2017 - Planning Board Recommendation (receive materials)
d. Development Advisory Committee (DAC)
September 21, 2017
e. Legal Sufficiency Determination
September 12, 2017
f. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
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a. Planning Board Review:
October 4, 2017 - Recommendation to the BOCC
b. Advisory Boards:
c. Local Government Review:
Draft text will be sent to JPA partners public hearing would be subject to
prior to the public hearing since any any new process.
project in the Rural Buffer requiring a
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of county services. Costs for the required legal advertisement will be paid
from FY2017-18 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment. However, since more public hearings may have to be
noticed, additional legal advertisement funds will be necessary in FY2018-19.
D. AMENDMENT IMPLICATIONS
If adopted, the amendments would revise the existing process used by Orange County
to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas
amendments.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available with the quarterly public hearing materials.
Primary Staff Contact:
Ashley Moncado, AICP
Planner II
(919) 245-2589
amoncado @orangecountync.gov