HomeMy WebLinkAboutAgenda - 05-02-2017 - 8-j - Unified Development Ordinance Amendment Outline and Schedule – Clarification of Recently Approved Subdivision Regulations 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 2, 2017
Action Agenda
Item No. 8-j
SUBJECT: Unified Development Ordinance Amendment Outline and Schedule —
Clarification of Recently Approved Subdivision Regulations
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan/UDO Amendment Patrick Mallett, Planner II, (919) 245-2577
Outline Form (UDO/Zoning 2017-01) Craig Benedict, Director, (919) 245-2592
PURPOSE: To consider and approve process components and schedules for a staff initiated
Unified Development Ordinance (UDO) text amendment.
BACKGROUND: At the November 21, 2016 Quarterly Public Hearing, staff presented a UDO
text amendment proposing the modification of existing regulations and application
review/approval processes for subdivisions. The amendment(s) were ultimately approved on
January 24, 2017 incorporating several BOCC amendments.
While incorporating the approved amendments within the UDO, staff discovered several
inconsistencies between the public hearing packet and the approved ordinance. The purpose
of this amendment is to correct these inconsistences. None of the necessary changes will
impact the amendments requested by BOCC members at either the November 21, 2016 or
January 24, 2017 meetings, which have already been incorporated into the current UDO.
For additional information and background, please see Section B of Attachment 1.
As with all text amendments there is an internal staff review/comment period of proposed
language in accordance with the provisions of Section 1.9 Development Advisory Committee of
the UDO, which includes multiple Departments (i.e. DEAPR, Solid Waste, the County Attorney's
office, etc.).
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 will be paid
from FY2016-17 Departmental funds budgeted for this purpose. Existing Planning staff included
in the Departmental staffing budget will accomplish the work required to process these
amendments.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
2
GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline 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-2017-01
Clarification of Recently Adopted Subdivision Regulations
A. AMENDMENT TYPE
Map Amendments
n Land Use Element Map:
From:
To:
n Zoning Map:
From:
To:
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
n UDO Text:
n UDO General Text Changes
fUDO Development Standards
f UDO Development Approval Processes
Section(s): Section(s)
1. 3.3: Residential Districts;
2. 7.3 Subdivisions - Phasing of Major Subdivisions;
3. 7.4 Subdivisions - Improvements and Performance
Guarantees;
4. 7.6 Subdivisions - General Design Standards;
5. 7.7 Subdivisions - Lots;
6. 7.8 Subdivisions -Access and Roadways;
7. 7.11 Subdivisions - Recreational Facilities;
8. 7.12 Subdivisions - Flexible Developments;
9. 7.13 Subdivisions - Specifications for Plat Drawings
1
4
10.Article 10 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 is
proposing to initiate text amendments to correct inconsistences, omissions, and
conflicts in existing subdivision regulations as adopted by the BOCC at its January
24, 2017 regular meeting.
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'.
At the November 21, 2016 Quarterly Public Hearing staff presented a UDO text
amendment proposing the modification of existing subdivision regulations. The
amendment package was approved on January 24, 2017.
While incorporating these amendments staff discovered inconsistencies and
omissions between the public hearing packet and the approved ordinance including:
• Improper references to required minimum lot area for general use zoning
districts,
• Inconsistent use of terminology, and
• Incorrect citations to section(s) of the UDO.
The majority of these necessary revisions appeared correctly within the November
21, 2017 quarterly public hearing packet. While preparing for the January 24, 2017
BOCC regular meeting staff utilized the wrong version of the amendment package,
which led to the creation of the aforementioned discrepancies.
This text amendment resolves these errors, ensures the ordinance is consistent, and
meets legal sufficiency.
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
2
5
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 2, 2017
b. Quarterly Public Hearing
September 11, 2017
c. BOCC Updates/Checkpoints
May 2, 2017 —Approval of UDO Amendment Outline Form
June 7, 2017 — Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
July 5, 2017 — Planning Board Meeting (BOCC receives agenda materials)
d. Development Advisory Committee (DAC)
May 4, 2017
e. Legal Sufficiency Determination
To be Determined
f. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
June 7, 2017 - Ordinance Review Committee (ORC)
July 5, 2017 - Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Proposed text amendments will be
sent to JPA partners (Towns of
Chapel Hill and Carrboro) in
accordance with the JPA Agreement.
d. Notice Requirements
3
6
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2016-17 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
The amendments would update the applicable sections of the UDO and eliminate
identified inconsistencies.
E. SPECIFIC AMENDMENT LANGUAGE
Amendment language will be provided at a later date.
Primary Staff Contact:
Patrick Mallett
Planning Department
919-245-2577
pmallett @orangecountync.gov
4